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HomeMy WebLinkAboutZBA-09/05/2002 SpecialAPPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Lydia A. Tortora George Horning Ruth D. Oliva Vincent Orlando BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 http://southoldtown.northfork.net MINUTES SPECIAL MEETING THURSDAY, SEPTEMBER 5, 2002 A Special Meeting of the SOUTHOLD TOWN ZONING BOARD OF APPEALS was held at the Southold Town Annex Building {North Fork Bank), Second Floor, Executive Board Room, 54375 Main Road, Southold. Present were: Gerard P. Goehringer, Chairman/Member Lydia A. Tortora, Member Ruth D. Oliva, Member Vincent Orlando, Member Linda Kowalski, ZBA Confidential Secretary Absent was: George Horning, Member 6:55 P.M. Chairman Gerard P. Goehringer called the meeting to order and discussed issues pertaining to Winery Permits and other events. STATE ENVIRONMENTAL QUALITY REVIEW: No updates at this time, reviews are pending. DELIBERATIONS / POSSIBLE DECISIONS / RESOLUTIONS OR OTHER The Board deliberated~ on the following applications. The originals of each of the following applications were decided, with the original determinations filed with the Southold Town Clerk: Approved with Conditions: THOMAS and KAREN HELINSKI #5153 Approved as Applied: JOHN and ELLEN KNOUD #5152 Page 2 - Minutes Special Meeting held September 5, 2002 Southold Town Zoning Board of Appeals PUBLIC HEARINGS: The following public hearings were held, with Chairman Goehringer introducing each application, and Member reading of the Legal Notice as published: 7:12 p.m. Appl. No. 5150 - T. and A. LAOUDIS (continued from 8/22/02. This is a request for a variance under Section 100-231, based on the April 20, 2002 Amended Notice of Disapproval, for two stone wall entry gates at a height above the code limitation of four feet, when located in the front yard. Location: 635 Kimberly Lane, Southold; Parcel 70.-12-20.4. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Orlando, to recess the hearing to October 3, 2002, for additional information. Vote of the Board: Ayes: All. This Resolution was duly adopted (4-0). Member Homing was absent. DELIBERATIONS/POSSIBLE DECISIONS/RESOLUTIONS OR OTHER (continued from above): Approved as Applied: HARRY and SANDRA HURLBURT #5159 CHESTER and MARY BERRY #5154 MICHAEL BRAVERMAN and MARK STEFURAK #5157 PETER H. and CAROL A. MILLER #5176 Deny and Grant Alternate Relief with Conditions: DOUGLAS DEFEIS #5143 Approved with Conditions: JOSEPH FERRARA #5151 ELIZABETH MACNISH and MARK MACNISH #5161 (Special Exception) Denied and Grant Alternate Relief: ELIZABETH MACNISH and MARK MACNISH #5172 RESOLUTIONS/UPDATED REVIEWS/OTHER: A. Chairman Goehringer confirmed the next Regular Meeting 6:30 p.m. to be held on Thursday, September 19, 2002 at Southold Town Hall, 53095 Main Road, Southold, NY 11971. B. Chairman Goehringer confirmed the next Special Meeting 6:45 p.m. to be held on Thursday October 3, 2002 at Southold Town Hall, 53095 Main Road, Southold, NY 11971. Page 3 - Minutes Special Meeting held September 5, 2002 Southold Town Zoning Board of Appeals EXECUTIVE SESSION No action was taken. There being no other business properly coming before the Board at this time, Chairman Goehringer declared the meeting adjourned. The meeting was adjourned at 8:50 P.M. Respectfully submitted, Included Reference: ile ~Z - is' ns (10) Ger)/r d,~. Goe'hringer, Chairj~fan Ap~ved for Filing ~ S'outhold Town Cler~ APPEALS.BOARD MEMBERS ~%%" South01d TOwn Hall Gerard P. Goehringer, Chairman 53095 Main Road Lydia A. Tortora ~ ~ iii P.O. Box' 1179 George Homing ~ ~,~,A"~~ ~4'~,~ Southold. New York 11971-0959 Ruth D. Oliva ZBA Fax (6319 765-9064 Vincent Orlando 'e~t_.6'd ~ Telephone ~63 !) 765-1809 htrp://southoldtown.nor thfork.net BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF SEPTEMBER 5, 2002 Appl. No. 5159 - HARRY AND SANDRA HURLBURT. Property Location: East End Road, Fishers Island, bounded north by Walker, east by Sorenson, weS( by Spofford. County ParcelN0. 3-2-10. SEQRA DETERMINATION:. The Zoning: Board of Appeals has visited the property under consideration in this application and de.t?rlll~nes ~that this review falls under the Type II category of the State's List of Actions, withOut ah adverse effect on tlie environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPT!~ON.r .The applicant s property is a corner lot with frontage ai~ng two Privat~roads: The iS¥0Perty consists of ~.8+- acres in size and is~ improved Witi~ a single-family dwelling and tW~e accessory structures as shown on the map dated March 21 2001, prepared by Chandlel~, Palmer and King L.S. BASIS OF APPLICATION: Building Department's May 6, 2002 Notice o'f Disapproval for =~'~l';~l'~iti~',i~ .'ill'd ~'lterations ~O the e~isting nonconforming single-f~mily ci~elling, for tlli~ reason thai 1be new constr~ctibn W~III not meet the c0d~'s mlr~imum 75 ft. rear yard setback. FINDINGS OF FACT The Zoning Board. of Appeals held a public hearing o[~ this application on ArUgUSt 22, 2002, at W~iich time written and oral evidence was presented. Based upon all testimony, documen~tation, personal inspection of the property and the area~ and other evidence, the Zon~g Board.finds the following facts to be true and relevant. AREA'VARIANCE RELIEF REQUESTED: A Vadance is requested under Sections 100-242A, reft TO Section ~ 00~244 for proposed additions and alterations to the existit~g nonconforming s[~g!~-f, amily dwelling, with a setback PrOpOsed at 52 feet from the westerly rear property line ~t.its closest point. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted, archi ~ersonal in~specfions, the Board makas=the following findings: produce an undesirable change in the character of the t to nearby properties. The modest addition proPosed by the yard setback (65.4 ft.) than the existing building setback ~., T~kapplicant seeks'to add an addition to the westerly side of the house. Although the 15r~o .~d ~conslrtictimi ideas not infringe upon the estab shed s de yard setback, it w / represent, out of logistical necessity a slight increase in the total square foot area of the ~. pre-existing, no'n-conforming rear yard setback. Page 2 - September 5, 2002 Appl. No. 5159 - H. and S. Hurlburt 3-2-t0 at Fishers Island 3. The requested variance is not substantial. The relief requested is 10 feet less than the code requirement of 75 feet. 4. The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood. No evidence has been submitted to suggest that this minor variance will have an adverse impact on physical or environmental conditions in the neighborhood. All disturbed soil will remain on-site. There will be no change to the site topography with regard to grading and elevation. Them am no wetlands nearby that would be impacted by the construction. 5.' Grant of the variance is the minimum action necessary and adequate to enable applicant to enjoy the benefit of an addition to their home, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community, BOARD RESOLUTION: In considering all of the above factom and applying the balancing test under New York Town Law 257-B, motion was offered by Member Orlando, seconded by Chairman Goehringer, and duly carried to GRANT the variance as applied for, regarding the proposed deck extension, addition and new stairs, as shown on the survey map prepared Chandler, Palmer and King, Land Surveyom, dated 5/6/02. 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 Goehringer (Chairman), Olive, and Orlando. (Member Homing of Fishers Island was absent; Memb~.P-?On~ra abstaiped-fr~m vo?~te-b~ause she was absen~t from the 8-22,02 public hearing).//This Res~blution )~as duly).adopte~f (~:}'0, plus one abstention,. / / / ~ /~ ~k0ProVed for Filing- Ger~m:r P. Ooehrl~er APPEALS BOARD MEMBERS ~ Sbutl~old To,,Vn'Hall Gerard P. Goehringer, Chairman 53095 Main Road C Lydia A. Tortora P.O. Box 1179 George Horning Southold, New York 11971-0959 Ruth D. Oliva ZBA Fax (631) 765-9064 Vincent Orlando Telephone (631) 765-1809 http://southoldtown.nor thfork.net BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS and DETERMINATION MEETING OF SEPTEMBER 5, 2002 Appl, No. 5176 - PETER H. AND CAROL A. MILLER. property Location: 10575 Main Road~ East Marion; Parcel 31.-4-16.$. ~SEQRA DETERMINATION: ~he Z~oning Board of Appeals has visited the property under considerat!on in this ~application and determines that th s review fails under the Type category Of the State's L st of Act otis; without an adverse effect on the environment if the project is implemented as Planned~ ~PROPERTY FACTS/DESCRIPTION: The applicants' property is a corner lot located on the north side of the Main ~Road and ~vest of Kayleigh .Court in East Marion. This parcel is improved with a two-story single-family dweliing and two accessory buildings as shown on the August 30, 2001survey prepared by Anthony W. Lewandowski, L.S. The existing dwelling is 6.S+- feet at its closest point to the front property line facing Kayleigh Court. :"~BASIS .OF APPLICATION: Building Department's June 6, 2002, Notice of Disapproval denying a permit to construct additions to the dwelling, for the raason that the front yard is proposed at less than 40 feet. FINDINGS OF FACT The Zon ng Board of Appeals held a pub ic hear ng on this appl cat on on August 22 2002 at wh ch t me wr tten ~nd oral evidei~ce was pre.~nted. Based upon all testimony documentation personal inspection of the property ~and the area, and other evidence, the Zoning Board finds the following facts to be true and relevant. .fr~AREA VARIANCE RELIEF REQUESTED: The applicants request a Variance under Section 100-244B for a new 6 ft. ii~raparound overhang/addition at the north side of the dwelling, which will be 6 ft. 10 in (+- in.) from the easterly Ipr°perty line. The addition is shown on applicants' sketch with a proposed size of 22' by 41'1" by 10.5+- feet, i iREASONS FOR BOARD ACTION: On the bas s of testimony presentect, materials submitted, and personal ~inspect OhS the Board makes the following findings: 1.. Grant of the variance wil not produce an undesirable change in the ne ghborhood or a detriment to nearby ~.?t propert'es. . Appl'cantS owna. conform, ng 40 075 sq. ft. parce w th two front yards n the R-40 zone. The p rD perry ~t:ons~sts of a two-story historic home, a detached garage, and a shed. The plans noted an existing front yard ~ack of 6.5 feet and a p~oposed s~tbacl{ of 7.1 feet. The existing nonconform ng setback was created by *~development of the minor subdivision and adjacent subdivision road. Th~ fi/cant.cannot be achieved by some method, feasible for the applicant to pursue, layout of the house has established the limited araa in which the renovation :',i~3. The yariance grantedis not substantial. The total lot coverage will be six percent. ~4~ Th(~ varimt(:u qt~.~led ....ill not have ~an adverse effect or impact on the physical or environmenta conditions in ~/*[[[i~le m*~lhhm'hood or (h.~tn(:l. NO evidence has been subm tted to suggest that this minor variance will have an ~iv~r%~; mtlmCl =:h I>h¥'sR;;tl or environmental conditions in the neighborhood. Page 2 - September 5, 2002 Appl. No. 5176 - Peter and Carol Miller 31-4-16.5 at East Madon $, Grant of the vadance isthe minimum necessarY and a~dequate to enable ~e applicant to enjoy the benefit of the repair and renovatiOn of their historic 'hOme Whiie PreSerVing arid protecting the ~h~ter Of the' neighborhood and the health, safety and welfare of the community. BOARD RESOLUTION: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member O!iva, seconded by Chairman Goehringer, and duly carried, to GRANT the variance as applied for and shown on the sketch prepared by the applicant and submitted with this application. This action does not authorize or condone any current or future use, setback or other feature of the subjec~ property that may violate the Zoning Code; other '~han such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Goehringer (Chairman), T~oJ~3ca, Olive, and Orlando. This Resolution was duly adopted (4-0). (Member Horning of Fishers ISland wjT~sen, t~'.) ~ /~/pp~oved for Filing - Oerard~r. Goe~nger ¢ ~ APPEALS BOARD MEMBERS ~ Southold Town Hall Gerard P. Goehringer, Chairman 53095 Main Road Lydia A. Tortora P.O. Box 1179 George Homing Southold, New York 11971-0959 Ruth D. Oliva ZBA Fax (631) 765-9064 Vincent Orlando Telephone (631) 765-1809 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS~ DELIBERATIONS AND DETERMINATION MEETING OF SEPTEMBER 5. 2002 Appl. No. 5152- JOHN AND ELLEN KNOUD. Property Location: 7675 Bay Avenue, Cutchogue; Parcel 104.-4-26. SEQRA DETERMINATION,: The Zoning Board of Appeals has visited the property under consideration i.n ,this application and determines that this review falls under the Type 11 category of the States' Lst of Actions. without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's property is located on the northerly side of Ba~ Avenue. Cutchogue, and is improved with a one-story frame residence.as shown on the site plan prep~a~.e,d 3/,20/~2 by JFT Architect International. P.C The existing dwelling is 30 feet from the re, ar pmperrty ine 'ar~d 25 ff. to the outside porch1 BASIS OFr APPL[CA,'FION: Building Department's April 18. 2002 Notice of Disapproval for a p~,~po~ed edditior];,;~o\dwe, lling at less than 50 feet from the rear lot line, FINDINGS OF FACT The Zoning Board, o[Appeals held a public hearing on this application on August 22, 2002, at which time written and oral e~ denc;e was presented. Based upon all testimony, documentation personal iaspecti6n of the property and'the area. and other evidence, the Zoning Board finds the following facts to be true and relevant. AREA VARIANCE RELIEF REQUESTED: A Variance under Sectio~ 100-242A, ref. 100-244, is requested to locate a proposed addition to dwelling at 27'1" from the roar lot line at its closest point instead of 50 feet. The addition is proposed at the west side of the dwelling as a one-story roofed- over porch. 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 erda variance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties. This minor proposed addition of a wrap-around porch is within the character of the surrounding houses. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue1 other than an area variance. With the irregular shape of house this is the only reasonable location of the porch. 3. The requested area variance is mimmal considering the existing nonconforming rear yard setback is 30 feet. and the applicant is looking fora 3 foot roduction from the 30foot set back. The only reason for the 3 foot difference is that the roar property line does not run perpendicular to the house but on a slightly downward southerly depiction. Page 2 - September 5, 2002 Appl. No. 5152- J. and E. Knoud 104-4-26 at Cutchogue 4. There is no evidence that the grant of the variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district, and the addition is similar to those existing in the area. 5. The action set forth below is the minimum necessary and at the same time preserves and protects the character of the neighborhood and the health, safety and welfare of the community. BOARD RESOLUTION: In considering all of the above factom and applying the balancing test under New York Town Law 267-B, motion was offered by Member Odando, seconded by Member Oliva, and duly carried, to GRANT the variance, as applied for and more particularly shown on the site plan prepared by JFT Architect International, P.C. dated 3/20/02. 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 Goehringer (Chairman), O~.[h,a--and~dando~Member Homing of Fishers Island was absent. Member Tortora abstained (.abSent fron~-22-Q2"~ub~'~c h. eer~ng)~, This Resolution wasdulyadopted (3-0). /~ ~ ¢~/Al~roved for Filing - Gem'rd P.~hdnger ~ APPEALS BOARD MEMBERS ~, Southold Town Hall ~' Gerard P. Goehringer, Chairman 53095 Main Road ~ Lydia A. Tortora P.O. Box 1179 George Homing Southold, New York 11971-0959 Ruth D. Oliva ZBA Fax (631) 765-9064 VLncent Orlando Telephone (63]_t 765-1809 http://southoldtown.nor thfork.net BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF SEPTEMBER 5, 2002 AppL No. 5153 - THOMAS AND KARENHELINSKI Property LoCation: 60 Apple CoUrt, Southold Villages Lot 15, Southold: Parcel 70-1 SEQ~ DETERMINATION: The. Zoning Board of Appeals has visited the property under censidera~on in this application.and determines that this review falls under the Type Il category of the State~~ Lis! of Actions; withou~ an adverse effect on the environment, if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: Applicants' property is a comer lot located on the north side of.Jasmine Lanb a'nd the south side of Apple Court, at Southold Villas, Southold. This property consists of 16,654 sq..ft, of land area, and is improved with a two-story, single-fatalist dwelling sithated a{ 14.9 feet fiord the lot line (facing Lot #14 to the north), 40 feet from the front lot line facing Jasmine Lane, and 80+- feet from the roar property ine to the east (facing Lot #16), Also existing on the et is a 8'x 12' accessory shed structure situated at the northeast corner of the property. BASIS OF APPLICATION: Building Department's March 8, 2002 Notice of Disapproval, to locate accessory garage partly in a front yard location, rather than entiroly within the rear yard. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on August 22, 2002, at whict~ lime written and oral evidence was presented. Based upon all testimony, documentation, personal inspection of the property and the area, and other evidence, the Zoning Board finds the following facts to be true and relevant AREA VARIANCE RELIEF REQUESTED: Applicants request a Variance under Section 100-33 to locate a 24' x 30' one-story accessory garage, partty in a front yard and rear yard to the east of the dwelling. The setbacks requested for the new garage are 24 feet from the south front lot line and 27 and 30 feet Ivariable) from the easterly rear property line 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 area variance will not produce an undesirable change in the Character of the neighborhood or a detriment to nearby properties. Applicants have two front yards on a lot which is fairly narrow, and the house faces Apple Coud. This requested location was chosen by applicants with the front doors of the garage facing Jasmine Lane. but situated behinc the dwelling. The proposed garage will be detached and free-standing. Additional reasons have been furnished to the Board regarding existing tree plantings as established, which adds to the difficulty in moving the garage to a different location 2, The benefit sought cannot be achieved by some method, feasible for the applicant to pursue other than an area vanance. The lot is small, and the yards consist of two front areas a small side Page 2 - September 5, 2002 Appl. No. 5153 - T. and K. Helinski 1000-70-1~6.8 at Southold yard, and a small rear yard. There is no location on this lot that would not require encreachment into another yard - which also would require relief by variance. The front yards are larger than the remaining yard areas, but would not be acceptable because of its closeness to the most traveled read in the subdivision. 3. The area variance is not substantial and serves as an example of many homes in the area that require accessory storage buildings on lots with two front yard areas. 4. No evidence has been submitted to indicate an adverse effect or impact on the physical or envirenmental conditions in the neighborhood or district. 5. The action set forth below is the minimum necessary and at the same time preserves and protects the character of the neighborhood and the health, safety and welfare of the community. BOARD RESOLUTION: tn considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Chairman Goehringer, seconded by Member Oliva, and duly carded, to GRANT the variance as applied for and shown on the sketch submitted by applicants, SUBJECT TO THE FOLLOWING CONDITION: No utilities other than e{ectric. 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 Goehringer (Chairman), Oliva, and Orlando. (Member Homing of Fishers Island was absent; Member Tortora abstained frem voting on this Resolution for the reason that she was absent from the 8-22-02 public h~ Reso/l.utieP,~as duly adopted 3- 0, plus one abstention. //~ J .~ ~,l ~ .~.  ed for Filing - Gerard P. Goehdnge/¢ Southbld TOWn Hall Gerard P. Goehringer, Chairman 53095 Main Road Lydia A. Tortora P.O. Box 1179 George Homing Southold, New York 11971-0959 Ruth D. Oliva ZBA Fax (631) 765-9064 Vincent Orlando Telephone (631) 765-1809 htrp:/southoldtown.nor thfork.net BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS. DELIBERATIONS AND DETERMINATION MEETING OF SEPTEMBER 5, 2002 Appl. No. 5.157 -' MICHAEL BRAVERMAN AND MARK STEFURAK. Property Location: 2755 Cedar Beach Road, Southold; Parcel 91 .~1-1. ,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 '~mplemented as planned. ~PROPERTY FACTS/DESCRIPTION: The applicant's property is located on the north side of Cedar Beach Road~ at Bayview Southold. The property consists .~f tB 250 sq. ft. of deeded lot Area and s imPro'~ed With a 1-1/2 story frame house with decks. To the north of this property is a 15~t easement and wetland area, also shown on the survey prepared by Peconic Surveyors, P,C. dated January 18, 2002. The existing dwelling is shown at 12.2 feet from the rear property I!n,e at, its closest point. iBASIS'~ OF!~AP;REICATION; Building Department's April 4, 2002 Notice of Disapproval. for ~e~pE~ed~ad~/~ttterati~ns to an existing dwelling at less than 35 feet from the rear lot line. FINDINGS OF FACT The Zoning Board of Appeals held a public headng on this application on August 22, 2002, at which time written and oral evidence was presented. Based upon all testimony, documentation, personal inspection of the property and the area, and other evidence, the Zoning Board finds the following facts to be true and relevant. AREA VARIANCE RELIEF RECUESTED: A Variance is requested under Sections I00-242A and 100-244, .for proposed additions and alterations to an existing single-family dwelling at 12+- feet from the rear lot I~ne 'nstead of 35 feet. The .14' x 24' addition is proposed at the east side of the house with a rear setback proposed at 12.4 feet and a setback of 20.3 feet from the east side line. 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 as undesirable change in the character of the neighborhood or a detr merit to nearby properties. Applicants own a 18,250 square foot lot containing a 1/12 story house with two wood decks. The ex~sting house is set near the rear of the property with almost no rear yard. The current rear yard setback Is +/- 22 feet. and the required rear yard setback on a non-conforming lot is 35 feet. Page 2 - September 5, 2002 AppL No. 5157 - M. Braverman and M. Stefurak : 91-1-1 at Southold 2. The benefit sought by the applicant cannot be achieved by some other method, feasible for the applicant to pursue, other than an area variance, The layout and design of the house has established the limited the rear yard available under the zoning regulations. 3. The variance granted is not substantial. Due to the layout of the house and the wetlands to the rear, there is limited rear yard available under the zoning regulations. 4. The vadance granted will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. Applicant has received a permit from the Trustees for the requested addition. No evidence has been submitted to suggest that this minor variance will have an adverse impact on the physical or environmental conditions in the neighborhood. 5. Grant of the requested variance is the minimum necessary and adequate to enable applicant to enjoy the benefit of a small addition, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. BOARD RESOLUTION: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Oliva, seconded by Member Orlando, and duly carried, to GRANT the variance as applied for and shown on the survey prepared by Peconic Surveyors. P.C, dated January 18, 2002. 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 Goehringer (Chairman), Oliva, and Orlando. CMember Homing of Fishers Island was absent: Member Tortora abstained from voting on this Resolution for the reason that she was absent from the 8-22-02 public hearing.) This Resolution was duly adopted 3-0, plus one abs~/,~ //,/--~,~-~ /~ Ap~ed for Filing - Gerard P. Goe~2tl~nge APPEALS BOARD IVfEMBERS Southold Town HhI1 ..~[~ Gerard P. Goehringer, Chairman 53095 Main Road Lydia A. Tortora P.O. Box 1179 George Homing Southold. New York 11971-0959 Ruth D. Oliva ZBA Fax (631) 765-9064 Viacent Orlando Telephone (63t) 765-1809 http://southoldt owri.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS. DELIBERATIONS AND DETERMINATION MEETING,OF sEPTEMBER 5. 2002 AppL No. 5161 - ELIZABETH MACNISH and MARK MACNISH. Location of Property; 35995 Main R0ad: Cufchoga~;: P'arceF97'..,1-21 REQUEST MADE BY APPLICANT: This i.~ a request for a Special Exception under Article I Section 100-30A.~2B attd 100-3:1B, sub~sectio[~S 14a-~d of the Southold Town Zoning Code (amended 2-7-9). AppJicants-owners request an Accessory Bed and Breakfast, accessory and incide~al to the owner's occupancy in this )single-family dwelling, With up to throe .(3) bedrooms for Io,dg n~ andserving .of b~eakfast to not mom thari six (6) casual transient roomers. PROPERTY DESCRIP];IQN: This property contains approximatety 20,500+- sq; ft. total lot size w tb ~90 ff, fmrAag? alo~ the north side of the Main Road (a/k/a State Route 25) in Cutchogue. The ~3i~)p'~rt~, {S)rgp~*o.~;ed!,~,~h ~a~s~rigl~e-tamil~ dwelling which iS maintai']~ed and used as a single-family dWbllifi§ by [hb °Wnei's/app~iCan~L,~' FINDINGS OF FACT The Zoning Bo~aFd 0f~Ap;peals' he d a p;Jbl c ,hearing on this application on August 22 2002 'at'which bme written and oral ev¢l?ce wa~*presented. Based upon ali tesbmony, documentahon, personal inspection of the prope~y and the area. and other evidence, the Zoning Board finds the i~ollowing facts toi~e~tnie .and .rele~a~it. REASONS FORBOAF~ ACTION DESCRIBED BELOW: Based on the testimony and record before third, rd ~d~/~odat ihspection, the .Board makes the following findings: 1. This use as re,quAst~ed is reasonable in relation 'to the Distr. ict in which is located, adjacent use districts, and nearby'~,~d rCdjaCe.n,t residential uses. This proposed Bed and Breakfast Acpessory Use is inc dental to ttie ~;)plicants-owners residence in this dwelling as a single-family dwelling, 2. The ow. net's pro(r~o~ed, Bed and Breakfast accessory use will not prevent the orderly and reasonable .use of :a~jacegt properties, or properties in adjacent use' districts, or of permitted or leoaJiy ~st~hblished,b.~'~'this zone district or adjacent use districts. ' 3. The safety, heatt~ ,~el~'are, comfort, convenience, order of the town would not be adversely affected b),the.pr6¢O~9¢Bed and Breakfast accessory use and its location 4. The structure will bi~' re~tdily access ble for f re and po ce protect on 5. The Special ExcEpt(dp is for approval of a n accessory use (Bed and Breakfast in an existing home) and w not~ pr&ve'r~t;the order y and reasonable use of th s property or adjacent properties. .... 7. No evidence has been submitted to suggest that this miner variance wilt have an adverse imoact Page 2 - September 5 2002 B & B Appl. No. 516~ - E. and M MacNish 97-1-21 at Cutchogue physical or environmental conditions in the neighborhood, This accessory use is a~ authorized zoning use subject to a Special Exception review and approval by the Board of Appeals and a Certificate for Occupancy from the Building Inspector for other safety and health regulations. 8. No adverse conditions were found after considering items listed under Section I00~263 and 100-264 of the Zoning Code. BOARD ACTIONIRESOLUTION: In considering allofthe above factors, the following action wastaken: On motion by Chairman Goehringer, seconded by Member Odando it was RESOLVED, to GRANT the application for an Accessory Bed and Breakfast Use as described above. SUBJECT TO THE FOLLOWING CONDITIONS: 1) A minimum of five (5) parking spaces shall be on-site on this property (three for the Bed and Breakfast Use and two for the single-family dwelling). 2) Applicant-Owner shall occupy the dwelling as their principal residence, and shall obtain a Certificate of Occupancy or Compliance from the Building Department before occupancy building as a new Accessory Bed and Breakfast. ~t 3) This Authorization by the Board of Appeals is solely for an Accessory Bed and Breakfast and does not include use of the lot and buildings for any other use or purpose. 4)The owners-s ;~plicant shall obtain a B & B permit from the Town of Southold Building Department as required by Cede Section 100-31(B-14). 5) There shall be no backing Out of cars onto Route 25. 6) There shall be a flexible chain adder placed next to each guest bedroom for emergency purposes. 7) The Board of Appeals reserves the right to visit the site regarding compliance with the conditions of this approval and conditions of Variance No. 5172 under this date. before a Certificate of Compliance or Certificate of Occupancy ~s issued. duly adopted (4-0). (Member Homing of Fishers Island w~absent.~,,/~ ? ~//J -- Oerard P.'%roehringe~- AppCoved fo~iling ./ APPEALS BOARD MEMBERS SotChol~ Town Hall (r~-~ ' Gerard P. Goehringar, Chaiiman ~ 53095 Main Road Lydia A. Torrora ~ P.O. Box 1179 '~' George Homing Southold. New York 11971-0959 Ruth D. Oliva ZBA Fax (631) 765-9064 Vincent Orlando Telephone (63;[) 765-1809 http:/southoldtown.northfork.net I BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF SEPTEMBER 5, 2002 Appl. No. 5172- ELIZABETH MACNISH and MARK MACNISH. ,Location of Property 35995 Main R6ad~ C~ktchegua; Parcel 97M-21 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under considera~on in this application .and determines that this review fall~; under the Type II category of the State s Lkst of Actions, without an adverse effect on the environment if the project is implemented as-pladn~d: PROpERTY',DESCRIPTION: T~s property contains approximately 20 500+- sq fL total lot size with 90 fl, frontage, alobg the. nodh ~lde of the Main Road .(a/Ida 'State: Route 25) iD Cutchooue. The Bre:,;u l y is i:n]il, ,~,,. (jcl wi h a s%;~:;>ra.qily dwelling with existing setbacks as follows: 9.9 and 10 feet b~n :1,..! '..a~ .di,:i,,~ 50 ,i ,~ I;,; ;'¢, .;w:e; 23.5 from the froht~porch:and31'_7'Ceet from thesouthwest cor;Icr cl lho dw,(':li'i¢; h.,uhda:i::,:l n ne: and a vast rear yard area. BASIS, OF APF~I[~I,ON; Build)~g 'Department s De~ember 17, 2001 (and June 7, 2002) Notice of DiSapproVal <d~rr~ ~g~,';a {p~it~ ~6 construct addit'ons~a terations'to .the existing dwe 'rig The reasons etated~d~¢.p~sa, ppr~al are:. (a) one s~de yard is less than 10 feet for alterations and ~lddition, (b) t,he~,~d~ ~ombined ,~;ide yards is less than 25 feet for alterations and. additio~ and (c) ,~e front} s~baSk~J'r~ audition i.~ proposed at tess than 35 feet. : '4; :t,. . ; FINDINGS OF FACT 'J'h~ Z(~r~ing. B~rd ~f~ppeals he d a public hearing on this applicat on on August 22, 2002, at which time w~iiten~ null dih; ~..vk[~n.',', ~,','a~ i',ms,~r:l(,d Based upon all testimony, documentation, personal inspection of ibc pr,"....'.,cib; ri'v.: I",e a~,':~: ami other evidence, the ;Zoning Board finds the following facts to be true. and relevant. AREA VARIANCEi~LIEF REQUESTED: Applicants are requesting REASONS.,,~ BiOAP, D ACT ON Base(~ on the testimony and record before the Board and personal msp~t~n',, file ,Board makes the fo owng find ngs 1. of alternative relief, with conditions, will not produce an undesirable hborhood or a detriment to nearby properties. The applicant wishes to ~ and 624 sq. fl. for an addition, which includes one-story height at :lng dwelling, and two-story height at the north end of the house. The nec/ 9,9 and 8 feet at its closest points to the east side line instead side of the dwelling) is proposed for a porch limited at a one-story an that applied, for. The existing setback is 23.5 feet to a small yar~t will be increased from 23.5 feet to 25 feet at its closest points to the Apphcants request rot a. setback at 19.7 feet instead of the code requirement of 35. ft is subsb~tiall Tt~e '~ariance would have resulted i~ a 15.3+- ft. reduction [or 44%) from the code Page 2 - September 5, 2002 Variance AppL No. 5172- E. and M MacNish 97-1-21 at Cutchogue requirement. Therefore, the alternative relief is more conforming than those existing within 300 feet of this building. 3. The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue other than an area variance because the building is existing and the lot is nonconforming as to lot size and lot width, and the proposed location of the additions is feasible to the applicants. 4. The area variance ~s not substantial 5. The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district, No evidence has been submitted to suggest the new ocafion of the additions or alterations will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. BOARD ACTION/RESOLUTION: In considering all of the above factors, the following action was taken: On motion by Chairman Goehringer. seconded by Member Orlando it was the reqoested side yards &a ~ ' 25 ........ RESOLVED, to GRANT ti~E==a=J~I~C'~F~'BF=:~'' ,,~u~u~[~.%, ~u.~u~ dssudbed above. SUBJECT TO THE FOLLOWING CONDITIONS: The Board of Appeals reserves the right to visit the site regarding compliance with the conditions of this approval, and conditions of Special Exception No. 5161 under this date. before a Certificate of Occupancy (or Certificate of Compliance) is issued. This action does not authorize or condone any current or future use. setback or ether 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: Mere be rs Gee h '~, T_j~:~m, O1~ Orlando. (Member Island was absent.) T s Resolution ~ul~,adopted (4- GG:VO:ik j ~PEALS BOARD MEMBERS ~ Southold Town Hall Gerard P. Goehringer, Chairman ~ 53095 Main Road L~vdia A. Tortora P.O. Box 1179 ~ George Homing Southold, New York 11971-0959 Ruth D. Oliva ZBA Fax (631) 765-9064 Vincent Orlando Telephone (63D 765-1809 htrp://southoldtow~.nor thfork.net BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS. DELIBERATIONS AND DETERMINATION MEETING OF SEPTEMBER 5, 2002 Appl. No. 5143- DOUGLAS DEFEIS. Property. Location;. 1165. Cedar Point Ddve West~ Cedar Beach Lot 135. Southold; Parcel 90.-1~3. SEQRA DETERMINATON,; -[he Zonng B, oard of Appeals haSr visited the property under consderation in this apo iC~t or~.ancl determ des that this review falls under' the .Ty, pb I1 catego~ of the State's List of Actior~s, Without an adverse effect on the environment f [he pro~ect is implemented as planned. PEOPERIY EACT::S/DESCRiPTION: The applicant s property ~s ~mp~.,ot, e,d with a sinGle-story, one- famOy:,dwelhng lgcated on the soa}thedy s~de of Cedar Point Dn'v..e~i~e~, ~ pnvat,e r?ad which extends off of Little P, econic Bay Lane, Southold. The total lot size 6~this, proper~y is 11 610 sq. ff. wi~.9~ ~. along Cedar Point Da~/e West and 91 feet along the high v, tater 'l.~ne.o~ West Lake. BAS S OF~ APPLiCA~I ONz Bu~ d ttg Department's Apr 3 2002 (2g0!;~ s]c)'~{Ngt ce o~f D ~sapprova to Or.Cate; r~ ~llilq[i Con~adtion,.at less than 75 feet from the bulkhe.~. T~ie requeSt ~ltli regard to ct ¢o~ e was rem d ~ron) the Braiding Department s Amende~ No, ce of Disapproval dated J~¥ 29,:2002~he~appl~n~':~m~tted a rewsed survey of Ju(y 23.2,092. FINDINGS OF FACT The Zoning Bgard;of Appea s held a public hearing on this applicatioa on August 22, 2002, at which time wdtten ar)d oral evdence was presented. Based upon a I testir0ony, do~cumentation, personal ir~spe~tio~ of ~e pro,arty'and the ~rea. and other evidence, the Zdning Bo~d finds the following facts to be true and re/avant. AREA..tJAR)A~CE REL!EFREQUESTED: A Vadance is requested ander Sections 100-239.4B for a~ new ~dwelling, propped [o replace the existing dwelling, with deck~ areas; all as shown on the surve,~,.~ated ~UI~ 23, 2002, prepared by Peconic Surveyors, P.C. Applicants are requesting a s~tba~k:of ~10 ~e~et f?O~'il~a,deck {o the bulkhead at its closest poi~. ' ~ ~, . .. , ~DDI~IONAL ~IblFORMA'FIDN; At the pubhc heanng held on AuguSt 22, 2002, the applicants ~gm.~ i~b mo~,~the,~bu~e four feet closer to the road. providing for agreater setback for the new ,RE~AS'ON~ F~R;,B©ARD ACTION. DESCRIBED BELOW: Based on the testimony and -ecord be~b ~he B~J~ ~d)peimonal inspection the Board makes the following findings: 1. Grant ofth~ area variance will produce an undesirable change in character of neighborhood or a detrtr~ent;,to ~rby p~oper~ies. The reconstruction of the existing house's character will conform to thelo~cal.~urr~ndJng hobses, with no undesirable change in the neighborhood. 2. The be~e~i~ so.ugh~ ~the applicant cannot be achieved by some method, t'easible for applicant to puCsue,, o!~r 'than art area vadance due to the restricted building envelope and wetland restri~ion~. $~is is ~e logical location for the proposed house. The proposed house and deck will Page 2 - September 5, 2002 Appl. No. 5143- D. DeFeis 90-1-3 at Southold be 20+- feet at its closest point to the property line, and 19+- feet on the southwest comer at its closest point. (This location is also noted to be approximately 35 feet from the mean high water mark on the southeast corner and 25 feet on the southwest comer of the property.) 3. The requested area vadance is substantial; however this is a reconstruction of an existing house and applicant has agreed to move the house four feet landward, thereby increasing the rear yard setback and decreasing the front setback. The code requirement is 75 feet setback from the bulkhead. 4. There is no evidence that the grant of the vadance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. The Board of Town Trustees has reviewed this proposal and issued approvals with conditions on July 19, 2000 under #5188 and amendment dated October 30, 2000. BOARD RESOLUTION: In considering a{I of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Orlando, seconded by Member Oliva, and duly carried to GRANT, the variance as applied for (shown on the July 23, 2002), and SUBJECT TO THE FOLLOWING CONDITIONS: 1. The setback from the bulkhead (rear) shall be increased by four feet (as agreed by applicant), bringing the building closer to the front lot line; 2. The setbacks shall be 19 feet on the west corner and 20 feet on the east corner. 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 Goehringer (Chairman), Oliva, an~p_dJ~ando. (Member Homing of Fishers Island was absent.) (Member Tortora abstained fr. em-~e due~t~ absepee-'at'~e 8-22-02 public hearing.)This Resolution wasduly adopted (3~'~.one,,~,~l~ion~/J/~,~ ,~,P~roved for Filing - Gerard P. G~oehringer~ APPEALS BOARD MEMBERS ~ ~or~thold ~Iown Hall Gerard P. Goehringer, Chairman ~~ 53095 Main Road F,~, Lydia A. Tortora P.O. Box 1179 George Homing Southold, New York 11971-0959 Ruth D. Oliva ZBA Fax (631) 765-9064 Vincent Orlando Telephone (631) 765-1809 http: southotdtown.nor thfork.net BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF SEPTEMBER 5, 2002 Appl. No. 5154 - CHESTER AND MARY BERRY. Property Location: ~3460 Westphalia Road, Mattituck; Parcel' 114.;l-10. SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideratio,n in .this applicafi0n~ and determines that this review falls under the Type II category of the Stste'~ List of ACti6ns, without an adverse effect on the environmeht if the project is implemented as planned. PROPERTY F.ACTS/DESCR PTION The applicant's property is located on the easterly side of Westphalia Road in Mattituck~ The proi~eh~j contains l~,30~.sq. ;ff. of land ama ~nd is improved w th a one-story frame?~!welling with attached garage~ accessory Shed in the rear yard, and pool, deck, and hot tub Construction to the lear (east side); o~'the existing dwelling. BASIS OF APPLICATION: Building Department, s April 22, 2002 NotiCe of Disapproval, for the location of an existing above ground swimming pool/hot tub construction located as-built, partly in a side yard location. FINDINGS OF FACT T~.he Zoning Board of Appeals held a public hearing on this applic~ation on Augus~t 22, 2002, at Which time writt(/n and oral 'evidence was presentedr 4 Based upon all testimony, documentation, personal inspection of the property and the:area, and~other~evidence, the Zoning Board finds the following facts to be true and relevant. AREA VARIANCE RELIEF REQUESTED: A Variance is requested under Section 100-33 for the as-built location Of an above-ground swimming pool and hot tub structures at the east side of the dwelling. The hot tub structure is enclosed by a stockade fence, located ~behind the existing dwelling and wood deck; the 22' diameter swimming pool is 17.5 feet from the side property line at its closest point at the west end of the existing deck. 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 inthe neighborhood ora detriment to nearby properties. The property is 18,304 sq. ft. and is improved with a one- story dwelling with attached garage, and an accessory shed in the rear yard, all conforming to the yard and setback requirements of the current code. The hot tub is located to the rear behind the existing dwelling. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The placement of the pool and hot tub as exist are in a reasonable confined area behind the dwelling. Page 2 - September 5, 2002 Appl. No. 5154 - C. and M. Berry 114-1-10 at Mattituck 3. The variance granted is not substantial. The pool and hot tub structures are placed in the rear of the dwelling in a yard area that is properly screened from neighbors. 4. The variance granted will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. No evidence has been submitted to suggest that this minor variance will have an adverse impact on physical or environmental conditions in the neighborhood. 5. Grant of the variance is the minimum necessary and adequate to enable the applicants to enjoy the benefit of the pool and hot tub while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. BOARD RESOLUTION: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Oliva, seconded by Member Orlando, and duly carried, to GRANT the variance as applied for and shown on the survey map prepared by John T. Metzger, P.C. dated March 28, 2002. 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 Goehringer (Chairman),, Oliva, and Orlando. (Member Horning of Fishers Island was absent.) (Member Tortora abstained from vote, due to absence at 8-22-02 public hearing.)This Resol~opted (3-0, plus one yorard P; Goehringer - Approved ~ liling ~ APPEALS BOARD MEMBERS ~~~ Southold Town Halt Gerard P. Goehringer, Chairman ~ 53095 Main Road ~, Lydia A. Tortora P.O. Box 1179 George Homing Southold, New York 11971-0959 --- Ruth D. Oliva ZBA Fax (631)765-9064 Vincent Orlando Telephone (631) 765-1809 http :/~souttmldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DECISION MEETING OF SEPTEMBER 5, 2002 Appl. No. 515f - JOSEPH FERRARA. Property Location: 2170 Maple Lane, Greenport; Parcel 38.-8-1. SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this apPi[cafi0r~ and determines that this review falls under the Type II c~tegory of. the State,s Eist of Actions, without an adverse effect on the environment if the project is implement~.d aS planned. PROPERTY FACTS/DESCRIPTION: The applicant's property iS located at the end of Maple Lane. The parcel consists bf 3.819 acres in size and is improved with a 2-1/2 story frame house, Under renovatlon~ BASIS OF APPLICAXION: This application is based on the Building Department's March 13, 2002 Notice of D[~Sapproval c0r~cerning alterations to an exist~g single-family dwelling in the RR Zone DistffCt: .... FINDINGS OF FACT The Zoning Boardof Appeals held a public hearing on this application on August 22, 2002, at which time written and oral evidence was presented. Based upon all testimony, documentation, personal inspection of the property and the area, and other evidence, the Zoning Board finds the following facts to be true and relevant. AREA VARIANCE RELIEE REQUESTED: Variance under Section 100-82 to allow the existing historic home to be restored to its original condition with a third level floor area of 1830+- sq. ft. (ref. March 1, 2002 plans prepared by Archnitechnologies). 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 neighborhood or a detriment to .nearby properties. This is a historic home which is in the process of being restored to its original condition. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than relief from the third story restriction. The proposed restoration has to include the existing third floor to maintain the integrity of the historic home. 3. The variance is not substantial because it is existing (and has existed for many years). Page 2 - September 5, 2002 Appl. No. 5151 - Joseph Ferrara 38-8-1 at Gr~enport 4. The variance granted will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. No evidence has been submitted to suggest that this variance will have an adverse impact on the neighborhood. 5. Grant of the requested variance is the minimum action necessary and adequate to enable applicant to enjoy the benefit of this historic home while preserving and protecting the character of the neighborhood and the health, safety, and welfare of the community. BOARD RESOLUTION: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Olive, seconded by Chairman Goehringer,~and duly carried, to GRANT the variance as applied for and described in the March 1, 2002 plans prepared bv Architechnoloqies for the applicant, SUBJECT TO THE FOLLOWING CONDITION: That a comprehensive fire sprinkler system be installed on all three floor levels and be propeHv maintained in ~lood condition at all times. 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 Goehringer (C~}aJm=~ Tortora, Olive, and Orlando. This Resolution was duly adopted (4-0). (IV'~~~ w~a~s/~r/r~t.) RO ///~proved for Filing - Gerard P. Go~f~'inger