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Home My WebLink AboutZBA-11/18/2007APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer Lydia A. Tortora Vincent Orlando James Dinizio, Jr. o~~gOFFO(,~cOG ~~ y~ 0 y Z W~~o• a http: //soot holdtown. northfork. net BOARD OF APPEALS TOWN OF SOUTHOLD MINUTES REGULAR MEETING THURSDAY, NOVEMBER 18, 2004 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Tel. (631) 765-1809 Fax (631)765-9064 A Regular Meeting of the SOUTHOLD TOWN ZONING BOARD OF APPEALS was held at the Southold Town Hall, 53095 Main Road, Southold, New York 11971-0959, on Thursday, November 18, 2004 commencing at 9:30 A.M. Present were: Ruth D. Oliva, Chairwoman/Member Gerard P. Goehringer, Member (start to 11:25) Lydia A. Tortora, Member Vincent Orlando, Member James Dinizio, Member Kieran Corcoran, Assistant Town Attorney (10:25 to end) Linda Kowalski, ZBA Confidential Secretary 9:40 A. M. Chairwoman Oliva called the meeting to order. AGENDA ITEM I: The Board proceeded with the first item on the Agenda as follows: SEORA RESOLUTION declaring Type II Actions for the following applications without further SEORA steps for the following projects as applied: #5619 -EUGENE and EVELYN DRUMM #5605 - KOSTAS ZACHARIADIS #5583 -GARY ROSE #5606 -MATTHEW and ALEXANDRA NINFO #5607-ANDREW and ANN MONACO #5609 -LEO OLSEN and BRYAN VILLANTI #5610 - ARTHUR TORELL #5611 - SALVATORE and MARGARET DETRANO #5612 - KRISTOPHER PIECES #5613 -THOMAS and ANNETTE JORDAN #5621 -ELLEN SCHULTHEIS #5628-THOMAS DEWOLFE (and NANCYTRAMONTANA) #5620-JOHN REVENTLOW #5608 - RISA ARIN #5625 -BARRY D. BARTH #5595 -FRANCES KESTLER #5408 -ORIENT FIRE DISTRICT Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). W f 1 Page 2 -Minutes Meeting held November 18, 2004 Southold Town Board of Appeals The Chairman proceeded as noted below II. PUBLIC HEARINGS: The following public hearings were held. (Please also see verbatim transcript of public hearings for statements offered during the hearings): 9:40 AM Eugene and Evelvn Drumm #5619. Harvey Arnoff, Esq. Request for a Variance under Section 100-33, based on the Building Inspectors August 30, 2004 Notice of Disapproval concerning the location of the as-built swimming pool in an area other than the rear yard, at 59 (995) Sunset Lane at end of Sound Drive, Greenport; CTM 33-4-59. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing reserving decision. Vote of the Board: All. The Resolution was duly adopted (5-0). 9:46 AM Kostas Zachariadis #5605. Request for a Variance under Section 100-231, based on the Building Inspectors July 26, 2004 Notice of Disapproval, concerning the height of proposed tennis court fencing in excess of the code height limitation of 6.5 feet, when located in or along side and rear yards, at 1695 and 1697 Little Neck Road, Cutchogue; CTM Parcel 103-5-2.5 (Parcels 2.2 and 2.3 combined as one lot). Please see transcript of written statements prepared under separate cover. BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Tortora, to close the hearing reserving decision. Vote of the Board: All. The Resolution was duly adopted (5-0). 9:48 AM Garv Rose #5583. David Sherwood, Architect. Request for Variances under Sections 100-242A, 100-244, based on the Building Inspector's July 14, 2004 Notice of Disapproval, concerning the proposed connection of an existing accessory garage and additions with alterations to an existing single-family dwelling, with setbacks at less than 40 feet from the front lot line, less than 15 on a single side yard, and less than 35 feet for both (total) side yards, at 1020 New Suffolk Avenue, Mattituck; CTM Parcel 114-12-16.1. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Tortora, to close the hearing reserving decision. Vote of the Board: All. This Resolution was duly adopted (5-0). 9:52 AM Matthew and Alexandra Ninfo #5606. Request for a Special Exception under Section 100-318 for an Accessory Apartment in conjunction with the owner's single-family residence at 3600 Pequash Avenue, Cutchogue; CTM 103-14-2. Please see transcript of written statements prepared under separate cover. BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing reserving decision. Vote of the Board: All. This Resolution was duly adopted 5-0. 10:00 AM Andrew and Ann Monaco #5607. Request for a Variance under Section 100-231, based on the Building Inspectors August 6, 2004 Notice of Disapproval concerning the height of proposed fencing exceeding four feet when located within a front yard, at 65 Aquaview Avenue, East Marion; CTM Parcel 21-2-1. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing reserving decision. Vote of the Board: All. This Resolution was duly adopted (5-0). II. PUBLIC HEARINGS. continued: The following public hearings were held. Please see verbatim transcript of public hearings for statements offered during the hearings: 10:12 AM Leo Olsen and Brvan Villanti #5609. Request for a Variance under Section 100-239.48 based on the Building Inspectors August 13, 2004 Notice of Disapproval wncerning a proposed dwelling at less than 75 feet from the bulkhead, at 3590 North Road (S.R. 25), Greenport; CTM Parcel 35-4-28.12. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing reserving decision. Vote of the Board: All. This Resolution was duly adopted (5-0). 10:17 AM Arthur Torell #5610. Request for a Variance under Section 100-244, based on the Building Inspector's May 4, 2004 Notice of Disapproval concerning a proposed dwelling at Tess than 50 feet from the rear lot line, at 365 Westwood Lane, Greenport; CTM Parcel 33-2-11. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After Page 3 -Minutes Meeting held November 18, 2004 Southold Town Board of Appeals receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing reserving decision. Vote of the Board: All. This Resolution was duly adopted (5-0). 10:23 AM Salvatore and Margaret Detrano #5611 by Rob Lehnert. Request for a Variance under Section 100-242A and 100-244, based on the Building Inspector's August 24, 2004 Notice of Disapproval concerning proposed additions with alterations to the existing dwelling, which will constitute an increase in the degree of nonconformance with front and rear yard setbacks at less than 35 feet, located along the west side of a private right-of-way easement, House #5388, Great Peconic Bay Blvd, Laurel; CTM Parcel 128-2-14. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing reserving decision. Vote of the Board: All. This Resolution was duly adopted (5-0). 10:28 AM Kristooher Pilles #5612. Request for a Waiver under Section 100-26 to unmerge undersized lot from adjacent parcel CTM 1000-22-2-36 (50 Stars Road) based on the Building Inspectors August 27, 2004 Notice of Disapproval which states that the applicant's properties have been merged since 1983. Location of Property: 395 Cedar Drive West, East Marion; CTM Parcel 22-2-37. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing reserving decision. Vote of the Board: All. The Resolution was duly adopted (5-0). RESOLUTION TO RECESS: Motion was offered by Chairwoman Oliva, seconded by Member Goehringer, and duly carried, to recess for approximately 5 minutes. Vote of the Board: All. The Resolution was duly adopted (5-0). 11:02 AM RESOLUTION TO RECONVENE: Motion was offered by Chairvoman Oliva, seconded by Member Goehringer, and duly carried to reconvene. Vote of the Board: All. This Resolution was duly adopted (5-0). The meeting reconvened at 11:02 a.m. and Chairwoman Oliva proceeded with the following II. PUBLIC HEARINGS, continued: The following public hearings were held. Please see verbatim transcript of public hearings for statements offered during the hearings: 11:02 AM Thomas and Annette Jordan #5613 by Rob Herrmann. Request for a Variance under Section 100-244B based on the Building Inspectors August 23, 2004 Notice of Disapproval, concerning a proposed dwelling at less than 40 feet from the front lot line, at 1680 Brigantine Drive, Southold; CTM 79-4-25. Mr. John Abele submitted a letter in opposition. Also, please see transcript of written statements prepared under separate cover. BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Orlando, to close the hearing reserving decision. Vote of the Board: All. The Resolution was duly adopted (5- 0). 11:12 AM Ellen Schultheis #5621. P. Moore, Esq. Request for Variances under Sections 100- 242A and 100-244, based on the Building Inspectors December 3, 2003 Notice of Disapproval, amended September 21, 2004 concerning proposed additions with alterations which will constitute an increase in the degree of nonconformance, with setbacks at less than 35 feet from the rear lot line, less than 10 feet on a single side yard, and lot coverage exceeding the code limitation of 20 percent, at 920 Medey Avenue, Mattituck; CTM Parcel 113-11-4.1. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Orlando, to adjourn to December 16, 2004, at 9:35 a.m. Vote of the Board: All. The Resolution was duly adopted (4-0). Member Goehringer left at 11:25 and absent during this vote. 11:30 AM Thomas Dewolfe (and Nancv Tramontana) #5628. Request for Variances under Sections 100-30A.3, 100-33B and 100-244B, based on the Building Inspectors October 4, 2004 Notice of Disapproval, concerning a lot with less than 40,000 sq. ft., less than 150 feet of lot width, less than 175 ft. of lot depth, in this requested lot line change, and rear setback reduction to less than the existing 27 ft. (code requirement is 35 feet, and portion of the existing accessory building Page 4 -Minutes Meeting held November 18, 2004 Southold Town Board of Appeals at less than three feet from a lot line. Location of Property: 410 Champlin Place, Greenport; CTM Parcel 34-3-39 and 50. Zone District: R-40 Residential. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Orlando, to close the headng reserving decision. Vote of the Board: All. The Resolution was duly adopted (4-0). (Member Goehringer was absent.) 11:33 AM John Reventlow #5620. Request for a Variance under Section 100-30A.3 based on the Building Inspector's August 26, 2004 Notice of Disapproval concerning additions with alterations at less than 50 feet from the rear lot line, at 1000 Stillwater Avenue, Cutchogue; CTM Parcel 103-7-7. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Odando, to close the hearing reserving decision. The Resolution was duly adopted (4-0). (Member Goehringer was absent.) 11:35 AM Risa Arin #5608. Request for a Variance under Sections 100-242A and 100-244 based on the Building Inspectors August 31, 2004 Notice of Disapproval, amended October 26, 2004, concerning an as-built (deck) addition, after removal of a former deck, with total side yards at less than 25 feet, at 180 Soundview Avenue, Peconic; CTM Parcel 67-1-9. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Tortora, to close the hearing reserving decision. Vote of the Board: All. The Resolution was duly adopted (4-0). (Member Goehringer was absent.) RESOLUTION TO RECESS: Motion was offered by Member Orlando, seconded by Member Tortora and duly carried, to adjourn to 1:00 p.m. Vote of the Board: All. The Resolution was duly adopted (4-0). 1:06 PM RESOLUTION TO RECONVENE: Motion was offered by Member Orlando, seconded by Member Tortora, and duly carried, to reconvene. Vote of the Board: Ayes: All (4-0). Member Goehringer was absent for afternoon session. II. PUBLIC HEARINGS. continued: The following public hearings were held. Please see verbatim transcript of public hearings for statements offered during the hearings: 1:06 PM Barry D. Barth #5625. Request for a Variance under Section 100-239.4A(1), based on the Building Inspector's September 2, 2004 Notice of Disapproval concerning a new deck at less than 100 feet from the top of the bluff or bank of the L.I. Sound, at 2040 Central Drive, Mattituck; CTM Parcel 106-1-26. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Odando, to close the hearing reserving decision. Vote of the Board: All. The Resolution was duly adopted (4-0). (Member Goehringer was absent.) 1:13 PM Frances Kestler #5595. Request for a Variance under Section 100-71 B(3) for approval of more than one use on a lot having less than 40,000 sq. ft. of lot area, and for a Special Exception for Apartment use over professional or business office use in this Residential-Office Zone District, at 11535 Main Road and Pacific Street, Mattituck; CTM Parcel 142-2-16. Zone District: Residential- Office. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Odando, to close the hearing reserving decision. Vote of the Board: All. This Resolution was duly adopted (4-0). (Member Goehringer was absent.). Also see Decision with Interpretation Rendered at this meeting and attached, the original filed with the Office of the Town Clerk. 1:28 PM Orient Fire District #5408 (continuation from 10/21/04 PH; please note: special exception filing by public utility separate, for a future hearing date). Mr. Reale, Esq., Ed Boyd. Location of Tower: Orient Firehouse Parcel, 23300 Main Road, Orient; CTM 18-5-13.8; Zone District: R-80. Request for Variances under Sections 100-162A(3) and 100-165B, based on the Building Inspector's April 23, 2004 Notice of Disapproval, amended May 2, 2004 and June 3, 2004, concerning a proposed telecommunications tower at 125 ft. height with antenna, and related equipment. The reasons stated for disapproval are that the telecommunications tower: (1) does Page 5 -Minutes Meeting held November 18, 2004 Southold Town Board of Appeals not meet the code requirements with a proposed height at 125 feet, (2) is not permitted to be located within 300 feet of historic properties, CTM 18-5-15.1, 18-5-11.1, and (3) is not permitted on a nonconforming lot size, or lot containing less than a minimum lot area in a residential district of five (5) acres. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Odando, to adjourn to December 16, 2004 at 1:15 p.m. Vote of the Board: All. The Resolution was duly adopted (4-0). (Member Goehringer was absent.) (End of hearings; public meeting continues.) III. DELIBERATIONS/DECISIONS: APPROVED AS APPLIED: # 5619 -Eugene and Evelyn Drumm (PH held today). INTERPRETATION # 5595 - Dr. Francis J. Kestler (Special Exception RO Zone) IV. OTHER RESOLUTIONS/UPDATED REVIEWS/OTHER A. RESOLUTION TO ADVERTISE: Motion was offered by Member Tortora, seconded by Chairwoman Oliva, to authorize advertising of public headngs for applications submitted in complete form, for a Regular Meeting of Thursday December 16, 2004. Vote of the Board: All. The Resolution was duly adopted (4-0). (Member Goehdnger was absent.) V. EXECUTIVE SESSIONItem(sl-None Brief reviews of pending files and general discussions by Board Members followed. There being no other business propedy coming before the Board at this time, Chairwoman Oliva declared the meeting adjourned. The meeting was adjourned at 3:00 PM. Respectfully submitted, Lin a ow~ ~~ Inclu~and Incorporated by Reference: (2) Decisions Ruth D. Oliva, Chairwoman -Approved for Filing RECEIVED SEP 52008 CQ) Southold Town Clerk APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer Lydia A. Tortora Vincent Orlando James Dinizio, Jr. h~O~OgpFFO(,~co o ~~ N Z. W • oy~ol ~ ~ao~ http://southoldtown.northfork. net BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. BOX 1179 Southold, NY 11971-0959 Tel. (631) 765-1809 Fax (631)765-9064 RECEIVED SEP 5 2008 FINDINGS, DELIBERATIONS AND DETERMINATI ~~jj MEETING OF NOVEMBER 18, 2004 SOU W~k ZBA Ref. 5595 - DR. FRANCIS KESTLER Property Location: 11535 Main Road and Pacific Street, Mattituck; CTM 142-2-16 Zone District: Residential-Office. SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's 22,406 sq. ft. parcel has 101.37 feet along the north side of Main Road (a/k/a State Route 25) and 217.14 feet along the west side of Pacific Street in Mattituck. The property is improved with. a two-story main building and detached building, as shown on the September 24, 2003 survey prepared by Martin Donald Hand, L.S. BASIS OF APPLICATION: The applicant's original request was for a variance requesting approval for two uses on a lot having less than 40,000 sq: ft. of lot area, and for a Special Exception under Section 100-71 B, for an apartment use over professional or business office use. Also filed is the Building Department's June 30, 2004 Notice of Disapproval, amended October 27, 2004, citing Code Section 100-71 B(3) in its denial of a building permit application for alterations to convert the existing building to more than one use, and that the applicant is requesting a dentist office with apartment above. The Building Department's reasons include the code requirement that not more than one use shall be allowed for each 40,000 square feet of lot area, and also reiterates the code provision reference to 100-71 B-3 and Section 100-91 B4(a-f). However, Section 100-91 B(4), subsections (4-a- f) are not written into the zoning code. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on November 18, 2004 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE WITHDRAWN: During the November 18, 2004 public hearing, the attorney for the applicant withdrew the request for an area variance under Section 100-71 B(3), and confirmed their intention to proceed with one main use at this time. The applicant also requested confirmation that a Special Exception was not required under Section 100-71A(3) for a professional (dental) office. Page 2 -November 18, 2004 File No. 5595 - F. Kestler CTM Id: 142-2-16 CODE PROVISION: Section 100-71 reads as follows (emphasis added): ~. - USE REGULATIONS: In the Residential Office (RO) District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. (1) One-family detached dwellings, not to exceed one dwelling on each lot. (2) Owner-occupied two-family dwellings. (3) The following uses are permitted uses subject to site plan approval by the Planning Board: (a) Buildings, structures and uses owned or operated by the Town of Southold, school districts, park districts and fire districts. (b) Buildings, structures and uses owned or operated by fraternal organizations and utilized for activities typically conducted by a fraternal organization, including but not limited to public meeting places, charitable and fundraising events, patriotic observances and catering for public and private functions. (c) Bed-and-breakfast uses as set forth in and as regulated by § 100-31 B(14). (d) Professional offices. (e) Churches or similar places of worship, parish houses, convents and monasteries. (f) Libraries, museums, art galleries, exhibit halls, artists'/photographers' studios and dance studios. (g) Small business offices such as insurance agencies, real estate agencies, computer software services, financial planning securities brokers and like-kind small business establishments excluding retail sales of any kind or nature and limited to overall floor space of 3,000 square feet. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Chairwoman Oliva, seconded by Member Orlando, and duly carried, to CONFIRM that, based on the withdrawal at this time of applicant's area variance application related to a requested apartment as a second use, that the remainder of applicant's proposal for a dental office, is a permitted use in this Residential-Office Zone District under Section 100-71 A, without the need for a Special Exception. This action does not authorize or condone any current or future use, setback or other feature of the 'i'agd 3 -November 18, 204 File No. 5595 - F. Kestler CTM Id: 142-2-16 subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehringer, Orlando, and Dinizio. (Member Tortora was absent.) This Resolution., dul adogtgd (4-¢)t,~ /JJ (~1,,~Jk f.~.a, Ruth D. Oliva, Chairwoman 11/30/04 Approved for Filing APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer Lydia A. Tortora Vincent Orlando James Dinizio, Jr. h~o~~spFFO(~-~OGy o ~ N Z W • oy~ol # ~a~~ http: //soot hold[own. northfork. net BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, IVY 11971-0959 Tel. (631) 765-1809 Fax (631)765-9064 RECEIVED FINDINGS, DELIBERATIONS AND DETERMINATION'~~,c SEP /~5 BOOB MEETING OF NOVEMBER 18, 2004 r! O c.{ Y ZBA File 5619 -EUGENE AND EVELYN DRUMM Southold Town Clerk Property Location: 59 (995) Sunset Lane, end of Sound Drive, Greenport; CTM 33-4-59. SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's 11,900+- sq. ft. parcel is improved with a single-family, one-story frame dwelling with porches and swimming pool, as shown on the June 7, 1968 survey prepared by Roderick VanTuyl, P.C. BASIS OF APPLICATION: Building Department's August 30, 2004 Notice of Disapproval, citing Section 100-33 in its denial of a building permit for an as-built swimming pool in an area other than the rear yard. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on November 18, 2004 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicants wish to obtain a Certificate of Occupancy concerning their 16' :x 32' swimming pool construction which is not entirely located in the code- required rear yard. The swimming pool is shown on the June 7, 1968 survey prepared by Roderick VanTuyl, P.C. at 21+- feet from the northerly front line and 8+- feet from the westerly line, at its closest points. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections; the Board makes the following findings: 1. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The northerly boundary line of the property is adjacent to an unopened road (Sound Drive), defined under the code definitions as a front yard. In addition, the property borders Sunset Lane to the east, as access into the property. The rear yard is to the west of the house and is very limited in size. There is not sufficient space even under today's zoning regulations to fit a swimming pool. The swimming pool has existed for over 36 years without any undesirable change to adjacent properties. Page 2 -November 18, 2004 ZBA Ref. 5619 - E. and E. Drum 33-4-59 2. The benefit sought by the applicants cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The swimming pool has existed for over 36 years 3. The variance granted herein is not substantial. The location of the swimming pool visually appears to be a rear yard, opposite the accessible Sunset Lane front yard. 4. The difficulty was created 36 years ago when the pool was built and a building permit application was not a requirement under the zoning code. 5. No evidence has been submitted to suggest that a variance for the location of the existing swimming pool in this residential community has had, or would have any adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a swimming pool, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Dinizio, seconded by Member Goehringer, and duly carried, to GRANT the variance as applied for, as shown on the June 7, 1968 survey prepared by Roderick VanTuyl, P.C. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehringer, Tortora, Orlando, and Dinizio. This Resolution was duly adopted (5-0): Ol/~~. Ruth D. liva, Chairwoman 11/29/04 Approved for Filing