The URL can be used to link to this page

Home My WebLink AboutZBA-02/21/2002APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Lydia A. Tortora George Horning Ruth D. Oliva Vincent Orlando BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hail 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 http://southoldt own.nor thfork.net MINUTES REGULAR MEETING THURSDAY, FEBRUARY 21, 2002 A Regular Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was held at the Southold Tom Hall, 53095 Main Road, Southold, New York 11971, on Thursday, February 21, 2002, commencing at 6:35 p.m. Gerard P. Goehringer, Chairman Lydia A. Tortora, Member George Homing, Member Ruth D. Oliva, Member Vincent Orlando, Member Paula Qffmtieri, Recording Secretmy 6:35 p.m. Chairman Gerard P. Goehringer called the meeting to order. AGENDA ITEM I: The Board proceeded with the first item on the Agenda as follows: I. STATE ENVIRONMENTAL OUALITY (SEORA): Motion ~x,as offered by Chairman Goehringer, seconded by Member Tortora, declaring the following environmental declarations: Type II Declarations (No fu~_her steps reader State Law): Appl. No. 5059 - JOSEPH AND BETH CASTRONOVO. Setback. Appl. No. 5062 - JOHN & ANNEMARIE CURTIN. Setbacks. Appl. No. 5063 - VICTOR RUTKOWSKI. Setback. Appl. No. 5055 - VINCENT O~NEILL. Setback. Appl. No. 5067 - CHRIS and IRENE VITTI. Setback. Appl. No. 5070 - ART SAFALOW. ~e yard location. Appl. No. 5057 - DAVID & TRISH HOWE. Setback. Appl. No. 5065 - PETER & MARIA NICOVIC. Setback Appl. No. 5066- POSILLICO CONSTRUCTION. Garage location. Appl. No. 5069 - HOLLY VESCOVI. Setback of oversized chimney. Appl. No. 5054 - JOHN & PATRICIA STACK. Setback. Appl. No. 5056 - GEORGE S. CAMBOURAKIS. Setback. Appl. No. 5064 - MARY LEONARD[ Setback. Page 2 -Minutes February 21, 2002 Regular Meeting Southold Town Board of Appeals Unlisted Declarations with Negative Effect on the Environment: Appl. No. 5060 - R & R BRAMSON. Dwelling total height. Appl. No. 5058 - PETER & VAL LEONIAK. Lot size and garage locauon. II. PUBLIC HEARINGS: (See written Transcript of Hearings prepared separately for statements and discussions during the heatings.) All of the followfng hearings will held and concluded, except as noted below: 6:43 p.m. Appl. No. 5063 VICTOR RUTKOWSKI. This is a request for a Variance under Zoning Code Section 100-244B based on the Building Inspector's November 30, 2001 Notice of Disapproval. The applicant proposes an addition to the existing dwelling with a front yard setback of less than 40 feet. Location of Property: 340 Theresa Drive, Matfitock; Parcel 1000-115-13-22. 6:48 p.m. Appl. No. 5055 - VINCENT O'NEILL - This is a request for a Variance trader Zoning Code Section 100-244B based on the Building Inspector's May 1, 2001 Notice of Disapproval. The apphcant is requestmg approval of the location of an existing (deck) addition with a side yard setback of less than 15 feet. Location of Property: 3500 Cox Neck Road, Mattituck; Parcel 1000-113-8-1. 6:58 p.m. Appl. No. 5067 - CHRISTOPHER and IRENE VITTI. This is a request for a Variance under Zoning Code Section 100-30A.3 based on the Building Inspector's December 4, 2001 Notice of Disapproval. The applicanl proposes additions and alterations to the existing dwellmg with a rear yard setback of less than 50 feet. Location of Property: 11805 Soundview Avenue, Southold: 1000-54-5-45.9. 7:15 p.m. Appl. No. 5070 - ART SAFALOW. This is a request for a Variance under Zoning Code Section 100-33 based on the Building Inspector's December 21, 2001 Notice of Disapproval. The applicant proposes to locate a garage partly in the front and side yards, rather than a rear yard. Location of Property: 737 Old Wood Path, Southold; 87-1-23.4. 7:26 p.m. Appl. No. 5062 - JOHN & ANNEMARIE CURTIN. This is a request for a Variance under the Zoning Code, Section 100-244B, based on the Building Inspector's November 27, 2001 Notice of Disapproval. The applicants propose additions and alterations to dwelling with a setback at less than 35 feet from the front property line. Location of Property: 745 East Road, Cutehogue; 1000-110-06-13. Thomas Heine, Architect appeared in behalf of the applicants. 7:58 p.m. Appl. No. 5057 - DAVID & TRISH HOWE. This is a request for a Variance under Zoning Code Section 100-242A based on the Building Inspector's November 16, 2001 Notice of Disapproval. The applicant proposes an addition and alterations to the existing dwelling with a front yard setback of less than 40 feet. Location of Property: 90 West Dr., Cutehogue; 1000-110-545. Garrett Strang, Architect appeared in behalf of the applicants. Page ~ Minutes February 21, 2002 Regular Meeting Southold Town Board of Appeals II. PUBLIC HEARINGS, continued. (See written Transcript of Hearings prepared separately for statements and discussions dur/ng the hear'mgs.) The following hearings wiI1 held and concluded, except as noted below: 8:08 p.m. Appl. No. 5059 - JOSEPH AND BETH CASTRONOVO. This is a request for a Variance under the Zoning Code, Section 100-244, based on the Bnilding Inspector's October 25, 200I Notice of Disapproval. The applicants propose a second-story addition to the existing dwelling with a setback at less than 10 feet on one side (with a 23 ft. total for both side yards) and setback at less than 35 feet from the front property line. Location of Property: 250 Wesland Road, Southold; 1000-59-2-20. Carmella Associates, Arch. appeared and offered testimony in behalf of the applicant. 8:11 p.m. Appl. No. 5065 - PETER & MARIA NICOVIC. This is a request for a Variance under Zoning Code Section 100-33 based on the Building Inspector's August 16, 2001 Notice of Disapproval, for approval of the existing location of an as built deck, near the existing deck. The new deck is considered an accessory structure, which is located partly hi an area other than the required rear yard. Location of Property: 505 Miriam Rd., Mattituck; 1000-99-1-35.1. William Amato, agent appeared in support of the application. Abigail Wickham, Esq. appeared (in opposition) requesting a postponement for a continuation, in behalf of the immediate neighbor. After testimony was offered, the hearing was recessed until the March 21, 2002 meeting date. 8:48 p.m. Appl. No. 5066 - POSILLICO CONSTRUCTION. This is a request for a Variance under Zoning Code Section 100-33 based on the Bu~ilding Inspector's December 7; 2001 Notice of Disapproval. The applicant proposes to locate a garage in an area other than the required rear yard. Location of Property: 3040 Kerwin Boulevard, Greenport; 53-4-44.35. (Also see possible Amended Notice of Disapproval for change in yard identification due to modified location of new dwelling closer to the front line.) 9:14 p.m. Appl. No. 5069 HOLLY VESCOVI. This is a request for a Variance under Zoning Code Section 100-33 based on the Bu/lding Inspector's Notice of Disapproval, concerning a portion of the existing chimney which extends into the 10 ft. side yard setback lim/tation. Location of Property: 370 Rocky Point Road, August Acres, Section I, Lot 33, in East Marion; 3 I-2-24. Lynch Homes, builder. 9:16 p.m. Appl. No. 5054 - JOHN & PATRICIA STACK. This is a request for a Variance ander Zoning Code Section 100-33 based on the Building Inspector's August 14, 2001 Notice of Disapproval. Applicants propose to relocate an accessory structure (shed) to a front yard area. This property has two front yards and two side yard designations. Section 100-33 requires a rear yard location. Location of Property: 7650 Nassau Pt. Rd., Cutchogue; 1 i8-3-4.1. Page 4 -Minutes February 21, 2002 Regular Meeting Southold Town Board of Appeals II. PUBLIC HEARINGS, continued: (See written Transcript of Hearings prepared separately for statements and discussions during the hearings.) The following hearings will held and concluded, except as noted below: 9:24 p~m. Appl. No. 5056 - GEORGE S. CAMBOURAKIS. This is a request for a Variance under Zoning Code Section 100-244 based on the November 16, 2001 Notice of Disapproval. The applicant proposes an additions and alterations to the existing dwelling with a front yard setback of less than 40 feet at 200 Cedar Drive, East Marion; 22-1-3 and 4. 9:26 p.m. Appl. No. 5060 - RUTH ANN BRAMSON. This is a request for a Variance under Zoning Code Section 100-30A.3 based on the Building Inspector's December 7, 2001 Notice of Disapproval. The apphcant proposes additions and alterations to the existing dwelling, and the building permit apphcation was disapproved for the reason that the height is three stories instead of the Code limitation of 2-½ stories. Location of Property: 12042 Main Road, East Marion; 31-14-4.5. Patricia Moore, Esq appeared and offered testimony in behalf of the applicant. 9:43 p.m. Appl. No. 5058 - PETER & VAL LEONIAK - Area variances 1)lot sizes, 2) garage location. This is a request for Variances under Zoning Code Sections 100-30A.3 and 100- 31, based on the Building Inspector's November 29, 2001 Amended Notice of Disapproval. The applicant proposes Parcels 1 and 2, each with less than 40,000 sq. ft. in size. Parcel 31 will also contain less than 125 ft. of lot width (frontage), and includes the existing accessory garage on a lot, presently vacant and without a principal use. Location of Property: 2040 Pine Tree Road, Cutchogue; 98-1-15, 16 and 17 (approx. 1.5 acres as exists). William Go&gins, Esq. appeared in support of the application with Val Leoniak. Appearing in opposing was Abigail Wickham, Esq. representing Thomas Cottral, owner of property across the street. After testimony was offered, the hearing was recessed for a continuation and more information, to be held at the March 28, 2002 meeting at approximately 7:45 p.m. 9:57 - 10:07 pm. Appl. No. 5064 - MARY LEONARDI. This is a request for a Variance under Zoning Code Section 100-244B based on the Building Inspector's December 5, 2001 Notice of Disapproval. The applicant proposes a new- dwelling with a rear yard setback at less than fifty (50) feet. Locatioa of Property: 1285 Reydon Dr., Southold; 80-2-15.1. Proper-T Services, Inc. appeared and offered testimony in behalf of the applicant. End of public hearings. III. DELIBERATIONS/DECISIONS. The Board dehberated on the following applications. The originals of each of the following four (4) determinations were filed with the Town Clerk's Office, and copies are attached to this set of Minutes: Page 5 -Minutes February 21¢ 2002 Regular Meeting Southold Town Board of Appeals Conditional Approvals: Appl. No. 5053 - A. and J. Allesi Appl. No. 5037 - K. and K. Leavy Appl. No. 5063 - V. Rntkoski. IV. RESOLUTIONS/UPDATES/OTHER: Motion was offered by Chairman Goehringer, seconded by Member Homing, and duly carded, to authorize advertisement of new applications (those filed in complete form as of advertising deadline), for the following meetings: (A) February 28, 2002 public hearings as follows: 6:45 p.m. (Carryover from January Hearing) - Appl. No. 5034 - RUST FAMILY PARTNERSHIP. Interpretation and/or Relief for Addition with setback variances from front lot line and bulkhead, at 4680 Wunneweta Road, Cutchogue; 111-14-34. 7:15 p.m. Appl. No. 4927 - KACE LI, 1NC. (Carryover from January 24, 2002.) This is an Appeal requesting Reversal of the Build/ng Inspector's Notice of Disapproval dated August 13, 2001, which disapproval denied an application for a building permit for two-family dwellings under Article IV, Section 10042A.2. The reason stated in the Notice of Disapproval is that the proposed project indicates several two-family dwellings on a single parcel, and that the Code allows only one such structure per lot as a permitted use. Zone District: Hamlet-Dansity (HD). Location of Property: South Side of Noffit Road or C.R. 48, 500+- feet east of Chapel Lane, Greenport; Parcel 40-3-1, now or formerly referred to as "Northwind Village" site. 7:45 p.m. Appl. No. 5051 - CLIFF AND PHIL'S LOBSTER HOUSE/RESTAURANT. Based on the Building Department's Notice of Disapproval issued November 13, 2001, amended November 14, 2001, applicant is requesting: (a) an Interpretation under Article XXIV, Section 100-243 to Reverse the Building Department's determination which stated that the proposed addition/alteration to an existing restaurant establishment is not a pemtitted use in the residential R40 District, or alternatively a Variance under Section 100-243A authorizing thc proposed addition to the existing restaurant, a nonconforming use in a nonconforming building; and (b) a Variance under Section 100-244B to locate the proposed addition maintaining the same nonconforming setback at less than 35 feet from the front property line; and (b) a Variance under Section 100-244B for a total lot coverage in excess of the code limitation of twenty (20) percent of the total lot area. Zone District: R-40 Residential. Location of Property: Comer of the East Side of Keaney's Road and the south side of North Sea Drive, Southold; County Tax Map Parcel 1000-54-5-22. George Tsuins, Esq.; and (B) Public hearings for applications filed through Appl. #5080, to be held during Regular Meeting of March 21, 2002. Page ~ Minutes February 21, 2002 Regular Meeting Southold Town Board of Appeals Vote of the Board: Ayes: Members Goehringer (Chairman), Tortora, Horn/rig, Orlando and Oliva. This Resolution was duly adopted (5-0). B. Members briefly discussed scheduled inspections regarding Assigned Files pending and filed in complete form. C. (From Agenda Item 1I) APPL No. 4962 ROGER WALZ. Members briefly discussed this application. Motion was offered by Member Tortora, seconded by Chairman Goehringer, to RESOLVED, that the hearing (Appl. No. 4962) be reopened and scheduled for March 28, 2002, with all notices as required under Chapter 58 to be provided by the applicant; and BE IT FURTHER RESOLVED, that the applicant famish a letter in detail explaining the grounds for a reopening of the hearing. Vote of the Board: Ayes: Members Goehringer (Chairman), Tortora, Homing, Orlando and Oliva. This Resolution was duly adopted (5-0). D. (From Agenda Item II). Appl. No. 5026 iNLAND HOMES, iNC. (KAVANAGH). The Chairman removed this item from the agenda at 8:30 p.m. E. (From Agenda Item I1). Appl. No. 4998 ELIZABETH SENTELL. Board Members indicated that there appeared to be a consensus for possible approval with conditions at the March 28, 2002. The Secretary was authorized by the Board to convey this to the applicant's architect, Garrett Strang. V. EXECUTIVE SESSION (none held). Brief work reviews of pending files and general discussions by Board Members followed. No action was taken. Page~ -Minutes February 21, 2002 Regular Meeting Southold Town Board of Appeals There being no other business properly coming before the Board at this time, the Chairman declared the Meeting adjourned. The Meeting was adjourned at approximately 11:00 pm. Respectfully submitted. yd - G%~ard P. Goebringeff, Chairma~ APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Lydia A. Tortora George Horning Ruth D. Oliva Vincent Orlando 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 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF FEBRUARY 21, 2002 AppL No. 5069 - HOLLY VESCOVI. 1000-31-2-24 STREET & LOCATION: 370 Rocky Point Road, East Marion DATE OF PUBLIC HEARING: February 21, 2002 FINDINGS OF FACT PROPERTY FACTS: The subject property contains 9,089 sq. ft. and is located on the east side of Rocky Point Road in East Marion. This lot is improved with applicant's nearly completed single story residence, according to a site visit, information in the record and survey prepared by John C. Ehlers Land Surveyor, dated January 20, 1998, last amended November 3, 2001. BASIS OF APPEAL: Building Department Notice of Disapproval dated November 8, 2001, denying a permit for "as built" additions/alterations to single family dwelling under construction because the "as built" chimney projects 2.5' into the required yard instead of the 2 foot limit pursuant to 100-230 C.3. The "as built" chimney indicates a side yard setback of 7.5' which extends six inches beyond the 24- inch allowance in the code for a chimney arem AREA VARIANCE REQUESTED: Applicant requests a variance for the "as built chimney" which projects six inches beyond the code's two-foot limit into the side yard. REASONS FOR BOARD ACTION: In accordance with the review standards set forth in Town law 267-b 3 "Area Variances", the board has considered the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood and community by such grant, and determines that: 1. Grant of the area variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. A variance to permit the "as built" chimney is to extend 6 inches beyond the code limit is di minimis. The remainder of the house will maintain the code required 10-foot minimum setback on the north chimney side of the house, and for all practical purposes appear conforming 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 chimney is already built and the board recognizes that it would be very expensive to rebuild the chimney to cut 6 inches of it in order for it to qualify for the code's two ft. permitted extension of a chimney into a yard. 3. The variance granted herein is not substantial and represents a 6-inch increase in the code's two ft. permitted extension of a chimney into a yard. 4. The alleged difficulty has been self-created. Applicant's builder has stated that the error was unintentional and picked up too late in the construction process to correct. 5. The variance granted will not have an adverse effect or impact on the physical or environmental Page2 - February 21, 2002 ZBA Appl. No. 5069 - Holly Vescovi 1000-31-2-24 at East IMarion 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. 6. Grant of the requested variance is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a covered from porch while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION/ACTION OF THE BOARD: In considering all of the above factors, and applying the balancing test under New York Town Law, motion was offered by Member Tortora, seconded by Member Homing, and duly carried, to GRANT the variance as applied for. This action does not authorize or condone any current or future use, setback or other feature of the subject property that violates 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 (Chairm~a~-~ora, Hor~ni~, Oliv.~aad Orlando. This Resolution was duly adopted (5-0). ~ J /~ .,/2~'/./. ,. ///~erard P. Goehringer, Chairm~ Agent or O~er s M~lmg Infom~ation /// L~ch Homes A~: Eileen Troj~owski 321 C.R. 39A Sou&mpton, ~ 11968 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Lydia A. Tortora George Horning Ruth D. Oliva Vincent Orlando Southold Town Hail 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 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION ADOPTED AT REGULAR MEETING OF FEBRUARY 21, 2002 Appl. No. 5037 - KEVIN J. and KATHERINE S. LEAVAY, Applicants-Owners. STREET & LOCALITY: 95 Harper Road West, Southold Parcel #1000-63-7-6 DATE OF PUBLIC HEARING: December 31, 2001 REQUEST MADE BY APPLICANT: A Special Exception is requested under Article Ill, Section 100-30A.2B and 100-31B, sub-sections 14a-d of the Southold Town Zoning Code (amended 2-7-9) for the applicants' proposed Bed and Breakfast, accessory to their residence in the existing single- family dwelling, for two (2) bedrooms, for lodging and serving of breakfast to not more than four (4) casual, transient roomers. PROPERTY DESCRIPTION: This property contains an acre of land area and fronts along the north side of Harper Road West in Southold. The property is improved with a 1-1/2 stow frame house with attached garage, which is maintained and used as the owners' residence. OTHER INFORMATION: A minimum of four (4) parking spaces (two for the Bed and Breakfast Use and two for the single-family dwelling) is required under the Zoning Code and the spaces are proposed on- site as shown on the applicant's diagram submitted with this request. The applicants are the owners and agree to occupy the dwelling as their principal residence, and understands that a Certificate (of Occupancy or Compliance must be obtained from the Building Department before occupancy as a Bed and Breakfast. REASONS FOR BOARD ACTION, DESCRIBED BELOW: 1) This accessory use as requested is reasonable in relation to the District in which is located, adjacent use districts, and nearby and adjacent residential uses. 2) The Special Exception is for approval of the Bed and Breakfast as an accessory use incidental to the applicant-owner's residence in this dwelling and will not prevent the orderly and reasonable use of adjacent properties and the use has adequate parking and available open space. 3) This accessory use will not prevent orderly and reasonable uses proposed or existing in adjacent use districts. 4) No evidence has been submitted to show that the safety, health, welfare, comfort, convenience, order of the town would be adversely affected by this accessory use. This accessory use is subject to further review by the Building Department under the New York State Fire and Building Codes (which is not in the jurisdiction of the Board of Appeals). 5) This accessory use is an authorized zoning use which is subject to a Special Exception review and approval by the Board of Appeals and a Certificate for Occupancy from the Building Inspector Page 2 - February 21, 2002 . .. Appl. No. 5037 - K. Leavay 1000-63-7-6 at Southold for other safety and health regulations. 6) No adverse conditions were found after considering items listed under Section 100-263 and 100-264 of the Zoning Code. BOARD ACTION/RESOLUTION: On motion by Chairman Goehdnger, seconded by Member Homing, it was RESOLVED, to GRANT the application as applied for, and SUBJECT TO THE FOLLOWING CONDITIONS: 1. Applicants-owners must supply at least two (2) additional on site parking spaces either in existing driveway leading from house/garage to paved street areas, in addition to the two spaces required by the code for the current single-family residence. 2. No backing out of vehicles onto public road. 3. Applicant owner must obtain a certificate for compliance as a new accessory Bed and Breakfast use in residence. 4. No external noise shall be created by use of the Bed and Breakfast after 10:00 p.m. each evening as well as the discharge of persons via automobiles associated with guest use not later than 10:30 p.m. under this permit. 5. The Board reserves the right for the first six months of said permit to review the parking plan. The Board, if it deems necessary, request parking on site by one additional vehicle. This task is to be reviewed by the Chairperson and one member designated by the Chairperson. 6. A chain rope ladder shall be placed for upstairs bedroom areas as an extra measure for fire escape. VOTE OF THE BOARD: Ayes: Members Gerard P. Goehringer (Chairman)~ A. Tortora, George Homing, Ruth D. Oliva, Vincent Orlando. This Res~ adop/t4Cd (5-0).~ //~E'R~RD P. GOEHRINGER, C~~ APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Lydia A. Tortora George Homing 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-i809 http://southoldtown.northfork.net FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF FEBRUARY 21~ 2002 Appl. No. 5053 - ANTONIO AND JOY ALESSI 1000-66-2-35 STREET & LOCATION: 620 Rogers Road, Southold DATE OF PUBLIC HEARING: January 10, 2002 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: Applicants' property is located on the west side of Rogers Road in Beixedon Estates, Southald. The property is approximately 13,250 sq. ft. in area and is improved with a 2-1.2 story frame house with accessory shed located in the northerly yard area, as shown on the survey prepared by John C. Ehlers, L.S. updated 11-15-01. BASIS OF APPLICATION: The basis of this application is the Building Department's September 4, 2001 Notice of Disapproval concerning applicant's request for to amend Building Permit ~27094-Z for an "as built addition and alteration." The request for a building permit was disapproved by the Building Department for the reason that the height of one-family dwellings is restricted to 2-1/2 stories and the as built amended construction shows a third story habitable space area. AREA VARIANCE RELIEF REQUESTED: Applicant is requesting a variance authorizing the use of the third story "dormer area" described on the plan prepared by Mark K. Schwartz, AIA, dated January 11, 2002. The area which is the subject of the Appeal for a variance includes a bathroom, two bedrooms and stairway in conformance with the N.Y.S. Building Construction Codei for proper ingress and egress and comprehensive fire suppression system. REASONS FOR BOARD ACTION: Based on the testimony and record before the Board and personal inspection, the Board makes the following findings: Grant of an area variance will not produce an undesirable change in the character of the neighborhood, or be a detriment to nearby properties because the applicant has already installed a proper fire suppression system and has existing (2) bedroom areas for family use. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance because the applicant raised the dwelling adding the necessary bedrooms on the first flor, which create the third floor area. The utilization of the third floor for (2) bedrooms can only be granted by this action and with the installation of a proper fire suppression system (sprinklers system). 3. The requested variance is not substantial. o The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood. (insert screening or other property effects). No evidence was presented to suggest that the physical or environmental conditions in the Page 2 - February 21, 2002 ZBA Appl. No. 5053 - A. and A, Alessi Parcel 1000-66-2-35 at Southold neighborhood would be adversely affected or impacted. The dwelling with third story use in place, as a single-family residential use, will not effect the overall design of the house or change the character of the neighborhood. RESOLUTION/ACTION OF THE BOARD: In considering all of the above factors, and applying the balancing test under New York Town Law, motion was offered by Member Goehringer (Chairman), seconded by Member Tortora, and duly carried~ to GRANT the variance as applied for, subject to the condition that the dwelling meet the requirements of the NYS Construction Code for both a proper fire suppression system (sprinkler system) and for proper window size° This action does not authorize or condone any current or future use, setback or other feature of the subject property that violates the Zoning Code, other than such uses, setbacks and otl~er features as are expressly addressed in this action. Vote of the Board: Ayes: Members Goehringer (Chairman), Tortora, Homing, Ot[va, and Orland0~ This Resolution was duly adopted (5-0). Agent or Owner's Mailing Information: /~ Mr. Mark K. Schwartz, AJ.A. P.O. Box 933 Cutchogue, NY 11935