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HomeMy WebLinkAboutZBA-04/30/1991APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 MINUTES REGULAR MEETING TUESDAY, APRIL 30, 1991 A Regular Meeting was held by the Southold Town Board of Appeals on TUESDAY, APRIL 30, 1991 commencing at 7:00 p.m. and held at the Southold Town Hall, 53095 Main Road, Southold, New York 11971. Present were: Gerard P. Goehringer, Chairman Charles Grigonis, Jr., Member James Dinizio Jr., Member. Robert A. Villa, Member Linda F. Kowalski, Board Secretary Absent was: illness). Serge Doyen, Jr., Member (due to serious 7:00 p.m. WORK SESSION. where applicable. Files were reviewed and updated, 7:33 p.m. PUBLIC HEARINGS. The Board proceeded with the public hearings, commencing at 7:35 p.m. Copies of the verbatim transcript of each and every hearing are prepared under separate cover and also filed with the Town Clerk's Office for reference purposes. 7:33 p.m. Appl. No. 4015 - MELVIN AND MOLLIE KURS. After receiving testimony, the hearing was concluded, subject to receiving correspondence from the Town Assessor's Office concerning the status of the paper street to the west as shown on the town's assessment records. 7:40 p.m. Appl0 No. 4014 - JESSICA W. BARNARDo After testimony, the hearing was concluded. (See deliberations and action rendered later following the last hearing.) 7:47 p.m. Appl. No. 3988 - ANTONIO VANGIo After receiving testimony, motion was offered by Mr. Goehringer, seconded by Southold Town Board of Appeals -2- April 30, 1991 Regular Meeting Mr. Villa, and duly carried, to conclude the verbatim portion of the record and continue to receive written communications for approximately two weeks. The exact setback distance from the bluff to the house was requested, and Mrs. Ongioni, attorney for Yannios (neighbor), indicated that she wished to contact the surveyor concerning the setbacks given. 8:00 p.m. Appl. No. 4020 - KEITH HARRIS. After receiving testmony, the hearing was concluded. (See deliberations and decision rendered later in the evening.) 8:05 p.m. Appl. No. 4019 CHARLES KREPP. After receiving testimony, the hearing was concluded. (Also see deliberations and decision rendered later in the evening.) 8:07 p.m. Appl. No. 4016 - JULIUS AND KATHERINE RAGUSIN. After receiving testimony, the hearing was concluded. (Also deliberations and decision rendered later this evening.) see 8:15 p.m. Appl. No. 3998 - HENRY AND MARY RAYI~OR. Mr. Raynor was present and submitted the survey as amended to include the amount of wetland areas. The hearing was then concluded. (See deliberations and decision rendered June 7, 1991.) 8:16 p.m. Appl. No. After receiving testimony, was taken. (See Findings 4012 - WILLIAM AND VIOLA DELUCA. deliberations commenced and action and Determination, infra.) 8:23 p.m. Appl. No. 4017 - CHARLES BLEIFELD. After receiving testimony, action was taken. (See Findings and Determination, infra.) 8:48 to 10:30 p.m. Appl. No. 4022 - CELLULAR TELEPHONE COMPANY d/b/a METRO ONE. Extensive testimony was received. The hearing was recessed by the Board pending receipt of additional information (see verbatim transcript of hearing statements). (END OF HEARINGS). AMENDED RULES OF CONDUCT & PROCEDURE. Chairman Goehringer confirmed that Town Attorney Harvey Arnoff has reviewed the drafted Amendment concerning the ZBA Rules of Conduct and Procedure and has accepted them, as prepared, with minor changes as furnished to the Board for consideration this evening. Motion was made by Mr. Goehringer, seconded by Mr. Grigonis, and duly carried, to ACCEPT AND APPROVE the following AMENDED RULES OF CONDUCT OF PROCEDURE, as submitted, pursuant to Article XXVII, Section 100-272: ~Southold Town Board of Appeals -3- April 30, 1991 Regular Meeting Z.B.A. RESOLUTION ADOPTED AT REGULAR MEETING OF APRIL 30, 1991: On motion by Chairman Goehringer, seconded by Member Grigonis, it was RESOLVED, to adopt the following amended Rules of Conduct and Procedure of the $outhold Town Board of Appeals: I. GENERAL RULE AS TO THE TIME WITHIN WHICH APPEALS TO THIS BOAiID MAY BE TAKEN, pursuant to New York Town Law, Section 267: A. In the event the applicant is not the landowner, that person or party must, before the application is deemed complete and further processed, submit written proof that he or she is either: (1) an aggrieved person or party, or (2) is an officer, department, board, agency, or bureau of the town, or (3) authorized by the landowner(s) to make the application, or (4) a contract vendee of the land in question. B. In cases of appeals, variances, notices of appeals, and/or interpretations, a written order, requirement, decision, or determination of an official charged with the enforcement of the zoning regulations must be filed, together with all of the papers which constitute the record upon which the action appealed from was taken. C. In the event that a written order, requirement, decision, or determination, noted in paragraph B, supra, is affected by an amendment to the application for a building permit or other application under the zoning regulations, then then notification must be filed with the Office of the Board of Appeals that the Notice of Disapproval is being withdrawn or otherwise acted upon, by the official or department charged with the enforcement of the zoning regulations, BEFORE ISSUANCE OF A BUILDING PERMIT OR OTHER DETERMINATION, WHICH MUST ALSO INCLUDE THE REASONS THEREFORE. D. Variances, appeals, and/or interpretations, must be accepted or filed with the Office of the Board of Appeals within the earliest of the following prescribed periods of time: (1) Within sixty (60) days of the "commencement of construction of the foundation, basement, or other lowest structural support; "commencement" shall not, however, be deemed to mean clearing and/or excavation of the land or property; AND/OR (2) Within 45 days of the issuance by the building inspector, in writing, of the approved and acceptable foundation construction, after his actual on-site inspection; AND/OR (3) Not later than 15 days after submission of the "actual foundation construction survey" {cor~monly referred to as second foundation survey) and issuance by the building inspector, in Southold Town Board of Appeals -4- April 30, 1991 Regular ~Meeti~g (~4ENDED RULES OF CONDUCT AND PROCEDURE, continued:) writing after an on-site inspection by the building inspector, that sa3ne has been approved and passed by the building inspector which may allow for the next stage of construction, AND (4) Prior to the expiration of the building permit; OR (5) No time limit for appeals shall be given where construction has been commenced without a valid building permit; OR (6) At any time where an Order of Violation, revocation or noncompliance has been issued pursuant to Section 100-282 or 100-283; OR (7) For projects necessitating review by the Board of Appeals under Section 100-286 where there is noncompliance or violations in existence, and the Board of Appeals determines that a further administrative hearing is necessary to reopen the case under which a Board of Appeals decision has been made, a hearing may be ordered, by resolution of this board, with proper notice as required by law. VOTE OF THE BOARD: AYES: MESSRS. GRIGONIS, DINIZIO, VILLA AND GOEHRINGER. (MEMBER DOYEN of Fishers Island was absent due to serious illness.) This resolution was duly adopted by unanimous vote of the four members present. Southold Town Board of Appeals -5- April 30, 1991 Regular Meeting ACTION OF THE BOARD OF APPEALS Appeal No. 4014: Application of JESSICA BARNARD. Variance to the Zoning Ordinance, Article III, Section 100-33 for permission to locate accessory (garage) building in an area other than the required rear yard. Location of Property: 4240 Paradise Point Road, Southold, NY; County Tax Map Designation 1000-81-03-007. WHEREAS, a public hearing was held on April 30, 1991, at which time all those who desired to be heard were heard, and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is referred to County Tax Map ID No. 1000-81-3-7 and appears to be in common ownership with the adjoining land identified as 1000-81-3-8. The entire premises, as a whole, consists of an area of approximately two acres and directly fronts along Robinson Road to the north. 2. The subject premises is presently improved with a one-story, single-family dwelling structure, built before 1957 and situated approximately 24 feet from a bulkhead near the high water mark of Little Peconic Bay and more than 130 feet from its closest point to Robinson Road. A major portion of the parcel is technically "front yard" area as defined under Section 100-13 of the zoning code. Page 6 - Appl. No. 4014 Matter of JESSICA BARNARD Decision Rendered April 30, 1991 3. Section 100-33 of the Code requires accessory buildings and structures to be located in the "required rear yard, subject to the following requirements: A. Such buildings shall not exceed 18 feet in height; B. Setbacks. (4) On lots containing in excess of 79,999 sq. ft., such buildings shall setback shall not be less than 20 feet from any lot line .... " 4. In considering this application, the Board finds: (a) that there is no alternative for appellant to pursue other than variance due to the physicial layout of the principal dwelling and the uniqueness of the land. (b) that the relief requested is minimal under the circumstances; (c) that the hardship is not self-created; (d) that the plight of the owner is not due to personal problems and the difficulties claimed are due to the uniqueness of the land; (e) that the variance, as conditionally granted, will not alter the essential character of the immediate area; (f) that in considering all of the above, the interests of justice will be served by conditionally approving the requested variance, as noted below. Accordingly, on motion by Mr.Villa, seconded by Mr. Dinizio, it was RESOLVED, to GRANT a Variance in the Matter of the Application of JESSICA W. BARNARD for an accessory 24' by 36' garage structure in the front yard area as shown on the sketch submitted with this application and SUBJECT TO THE FOLLOWING Page ? - Appl. No. 4014 Matter of JESSICA BARNARD Decision Rendered April 30, 1991 CONDITIONS: 1. That the accessory structure remain as an accessory garage/storage building; 2. That the garage structure height not exceed 18 feet maximum; 3. That there be no plumbing facilities; 4. That utilities. there be no utilities, except for electrical Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Dinizio and Villa. (Member Doyen of Fishers Island was absent due to illness.) This resolution was duly adopted Southold Town Board of Appeals -8- April 30, 1991 ~e~ular Meeting Appeal No. 4020: Application of KEITH HARRIS for a Variance to the Zoning Ordinance, Article III, Section 100-32, for permission to construct addition to dwelling with an insufficient side yard setback from the westerly property line. Location of Property: 265 Freeman Road, Mattituck, NY; County Tax Map Designation: 1000-139-3-37. WHEREAS, a public hearing was held on April 30, 1991; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the northerly side of Freeman Road in the Hamlet of Mattituck, Town of Southold, containing a total lot area of approximately 17,700 sq. ft., and is identified on the Suffolk County Tax Maps as District 1000, Section 139, Block 3, Lot 37. Southold Town Board of Appeals -9- April 30, 1991 (APPL. NO. 4020 - KEITH HARRIS, decision, continued:) Regular Meeting 2. The subject premises: (a) is improved with a one-story, single-family dwelling structure set back at its closest point 40 feet from the front (southerly) property line; 16 feet from the easterly (side) property line; 30+- feet from the westerly (side) property line, and approximately 76 feet from the northerly (rear) property line; (b) is a nonconforming lot located in the R-40 Zone District. 3. Appellants are requesting permission to construct a 24' wide x 25' deep addition with a proposed setback of six (6') at its closest point and of eight (8') at the opposite (southerly) corner to the property line. 4. Article XXIV, Section 100-244B of the zoning code provides for a setback at not less than 10 feet as a minimum in one side yard, and minimum of 15 feet in the other side yard, for a total of both sides yards at not less than 25 feet. 5. It is the opinion of the Board that although the relief requested for a setback of six feet to the property line is substantial in relation to the requirement, an alternative setback at not less than eight feet (for a reduction from the required 10 feet) is the minimum necessary to affordrelief, and under the circumstances is more appropriate when considering the criteria to be met for area variances. 6. In considering this application, the Board also finds and determines: (a) that the grant of alternative relief will not be adverse to the essential character of the neighborhood; (b) the alternative relief will also not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (c) the grant of the alternative relief will not increase dwelling unit density or cause a substantial effect on available governmental facilities; (d) the relief, as alternatively granted, is the minimum necessary to afford relief; (e) the practical difficulties claimed are uniquely related to the land and are not personal in nature; (f) in considering all of the above factors, the interests of justice will be served by denying the variance 'Southold Town Board of Appeals -10- April 30, 1991 (APPL. NO. 4020 - KEITH HARRIS, decision, continued:) Regula¥ Meeting requested and granting alternative relief, as conditionally noted below. Accordingly, on motion by Mr. Dinizio, seconded by Mr. Villa, it was RESOLVED, to DENY the variance as applied for a proposed setback from the westerly property line at six feet, and to ALTER/qATIVELY GRANT a reduced setback from the westerly (side) property line at not less than eight(8') feet for a proposed addition to the existing dwelling structure. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Dinizio and Villa. (Member Doyen of Fishers Island was absent.) This resolution was duly adopted. Southold Town Board of Appeals -11- April 30, 1991 Regular Meeting ACTION OF THE BOARD Appl. No. 4019. Upon Application of CHARLES KREPP. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4B for permission to construct open deck addition with an insufficient set back from the retaining wall along high water mark. Location of Property: 1235 Island View Lane, Greenport, NY; County Tax Map Parcel No. 1000-57-02-018. WHEREAS, a public hearing was held on April 30, 1991 and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, the surrounding areas; and and WHEREAS, the Board made the following findings of fact: 1. By this application, appellant seeks a variance under Article XXIII, Section 100-239.4B for a proposed open deck addition of a size 20 feet wide by 12 feet deep, plus a step and platform, to be set back approximately 29 feet to the retaining wall, as shown on the sketch submitted for consideration. 2. The premises in question is identified on the Suffolk County Tax Maps as District 1000, Section 57, Block 2, Lot 18, contains a total lot area of approximately 9,900 sq. ft. and road frontage of 60 feet. 3. The dwelling which exists is presently set back approxi- mately 55 feet from the retaining wall structure and approxi- mately 47 feet to the front property line. 4. Article XXIII, Section 100-239.4B of the Zoning Code requires all buildings and structures located on lots upon which Southold Town Board of Appeals -12- April 30, 1991 Regular Meeting (APPL. NO. 4019 - CHARLES KREPP, decision, continued) a bulkhead, concrete wall, rip-rap or similar structure exists and which is adjacent to tidal water bodies other than the Long Island Sound to be set back not less than seventy-five (75) feet. 5. In considering this application, the Board finds: (a) although the relief requested is substantial in relation to the code requirements, the percentage from the existing average setbacks in the area is minimal; (b) the relief requested is the minimum necessary to afford relief; (c) the relief as requested will not alter the essential character of the neighborhood; (d) the difficulties claimed are uniquely related to the property, since the property is substandard in size and has limited buildable area; (e) the grant of the relief as requested will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town; (f) in view of all the above, the interests of justice will be served by granting the relief as requested and further noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to GRANT a variance in the Matter of the Application of CHARLES KREPP under Appl. No. 4019 for permission to construct open deck addition with step areas as applied and SUBJECT TO THE FOLLOWING CONDITIONS: 1. That there be no enlargement of the open deck area protruding into the rear yard area at less than that requested for this 12' deep open deck addition (set back requested is approximately 29 feet at its closest point to the retaining wall); 2. That the deck remain unroofed. (Note: The step area may be placed at the easterly or westerly side of the proposed deck addition not to exceed the proposed Southold Town Board of Appeals -13- April 30, 1991 Regular Meeting size of 4' x 12' or a maximum area of 48 sq. ft. per code requirement). Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Villa and Dinizio. (Member Doyen of Fishers Island was absent due to serious illness.) This resolution was duly adopted. UPDATE: NEW APPL. NO. 4021 - MICHAEL CHOLOWSKY. The Board Members reviewed the new application for a proposed golf driving range, miniature golf course and related office use at Horton's Lane, Southold. Mrs. Kowalski confirmed that the SEQRA coordination letter was distributed to the Planning Board on April Il, 1991, but have not as yet received a response. The Board of Appeals requested a Long Environmental Assessment Form to be furnished by applicant, and confirmed that the ZBA would take over as lead agency since the Planning Board may not have a voluntary involved via site plan application at this time. Southold Town Board of Appeals -14- April 30, 1991 Regular Meeting ACTION OF THE BOARD OF APPEALS Appeal No. 4016. Upon application of JULIUS AND KATHERINE RAGUSIN. Variance to the Zoning Ordinance, Article XXIV, Sections 100-242A and 100-244B for permission to construct addition to existing nonconforming dwelling structure, increasing the lot coverage and reducing the rear yard setback. Location of Property: 215 Hummel Avenue, Southold; County Tax Map No. 1000-63-2-14. WqqEREAS, a public hearing was held and concluded on April 30, 1991; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning and the surrounding areas; and WHEREAS, the Board made the following Findings of Fact: 1. By this application, appellants are proposing a 16' deep by 20' wide residential addition with a reduced rear yard setback at 33.5+- feet and requested lot coverage at 31.2%. The setbacks from the side property lines are proposed at 15 feet from the westerly side and at 13.6+- feet from the easterly side (at its closest points). The proposed addition is more particularly shown on the survey prepared by Anthony W. Lewandowski dated September 5, 1990. 2. The premises in question contains a total lot area of 5,381 sq. ft. with 50.09 ft. frontage along the north side of Hummel Avenue, Hamlet and Town of Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 63, Block 2, Lot 14. Southold Town Board of Appeals -15- April 30, 1991 Regular _ .Meeting (APPL. NO. 4016 Julius and Katherine Ragusin, decision, continued) 3. The subject parcel is improved with a single-family, one-story frame house, which is presently set back at approximately 50 feet from the rear property line and 17.0 feet from the front property line. 4. Article XXIV, Section 100-242A of the Zoning Code restricts enlargement of a nonconforming structure where the degree of nonconformance is increased. The subject structure is presently nonconforming as to excessive lot coverage, which under Section 100-244B is limited to 20 percent. The degree of nonconformance of the lot coverage is proposed to be increased from the existing 25.5 percent to 31.2 percent. 5. Article XXIV, Section 100-244B of the Zoning Code provides relief to nonconforming lots held in single and separate ownership to a limitation of 25 feet for both side yards (10 ft. and 15. minimum each side yard) and 35 ft. minimum rear yard. The lot is nonconforming as to lot area and width, and the side yards will conform to the limitations of this provision and the rear yard is proposed to be reduced by approximately 12 to 18 inches less than the requirement. 6. It is the position of this Board in considering this application that: (a) the circumstances are unique to the property and are not personal in nature; (b) although the relief requested is substantial, the relief, as alternatively granted, will not alter the essential character of the i~ediate neighborhood; (c) there is no other method feasible for appellant to pursue other than a variance; Southold Town Board of (d) the variance, if granted, will not in turn be adverse to the safety, health, welfare, comfort, convenience, or order of the town, or be adverse to neighboring properties; (e) the interests of justice will be served by granting alternative relief, as noted below. Accordingly, on motion by Mr. Villa, seconded by Mr. Grigonis, it was RESOLVED, to DENY the relief requested for a 16' x 20' addition, and to GRANT alternative relief for a 14' wide x 20' deep addition at the rear of the existing dwelling. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Dinizio, and Villa. This resolution was duly adopted. Southold Town Board of Appeals -16- April 30, 1991 Regular Meeting ACTION OF THE BOARD OF APPEALS Appeal No. 4017: Application for CHARLES BLEIFELD. Variances to the Zoning Ordinance, Article XXIV, Section 100-244(A & B) for permission to locate new principal dwelling, pool and garage construction with reduced front yard setbacks. Location of Property: 1115 Private Road No. 16 at Bayview, Southold; Lots 41 & 42 (combined) as shown on the Cedar Beach Park Filed Map No. 90; County Tax Map Parcel No. 1000-90-4-19 & 20. WHEREAS, a public hearing was held on April 30, 1991 and at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. This is an application for a variance under Article XXIV, Section 100-244, subsections A and B, for permission to place the principal structure, which consists of the dwelling, attached garage and attached pool, with reduced setbacks at 20 feet from the front property line at its closest points, as more particularly shown on the survey revised on April 4, 1991, by Peconic Surveyors, P.C. 2. The premises in question is located along a private right-of-way which extends from the easterly side of Cedar Beach Drive (just south of the General Wayne Inn) in an easterly direction 724.52 feet, thence in a ~rve (radius 114.57 ft.), thence running southerly 150 feet, more or less, to the subject lot. 3. The premises in question consists of a total lot area of 30,561 sq. ft., is referred to as Lot Nos. 41 & 42 on the Map of Cedar Beach Park filed December 20, 1927 as County File No. 90, and is further identified on the Suffolk County Tax Maps as District 1000, Section 90, Block 4, Lot Nos. 19 & 20. Southold Town Board of Appeals -17- April 30 1991 Regular ' Meeting (APPL. NO. 4017 - Charles Beifeld, decision, continued) 4. The subject premises (Lot 41 & 42 combined) is nonconforming as to lot area in this R-40 Zone District and is presently vacant. 5. For the record it is noted: (a) that the premises contains limited buildable area due to the meadow and wetland areas which make up a substantial part of the lot under consideration; (b) that the premises was the subject of determinations: 1. under Z.B.A. Appl. No. 3745 rendered August 18, 1988 for conditional approval of access over the private-of-way providing access; 2. under Z.B.A. Appl. No. 3765 rendered October 6, 1988 for reduction of the front yard setback; 3. under Southold Town Trustees conditional waiver rendered September 27, 1990; 4. under N.Y.S. Department of Environmental Conservation Permit No. 1-4738-00196/00001-0 issued February 20, 1991, and expiring on May 31, 1993. 6. Article XXIV, Section 100-244B provides relief to nonconforming lots having a lot area of more than 20,000 square feet and less than 40,000 sq. ft. for a front yard setback at not less than 35 feet. In considering this application, the Board also finds that the relief requested: (a) will not be adverse to the essential character of the neighborhood; (b) will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (c) will not increase dwelling unit density or cause a substantial effect on available governmental facilities; (d) cannot be obviated by another method feasible to appellant to pursue, other than a variance; Southold Town Board of Appeals -18- April 30, 1991 Regular Meeting (e) in considering all of the above factors, the interests of justice will be served by granting the variance, conditionally noted below. as Accordingly, on motion by Mr. Dinizio, seconded by Mr. Goehringer, it was RESOLVED, to GRANT permission, under Application No. 4017 in the Matter of CHARLES BLEIFELD, to locate principal dwelling structure (inclusive of attached pool, deck areas, storage/garage areas), all as shown on the April 4, 1991 plan prepared by Peconic Surveyors, P.C., with a reduced front yard setback at not less than 20 feet, as applied and SUBJECT TO THE FOLLOWING CONDITIONS: 1. Compliance of Conditions under ZBA Appl. No. 3745 rendered August 18, 1988 before issuance of Certificate of Occupancy (Temporary C.O. or otherwise) as to conditional approval of access under New York Town Law. 2. Before issuance of any Certificate of Occupancy, representative from Z.B.A. office to inspect and accept (after written request in writing is furnished confirming improvements to right-of-way have been placed). 3. No expansion or further reductions under bulk area and setback regulations of the code. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Dinizio and Villa. (Member Doyen was absent due to illness.) This resolution was duly adopted. Southold Town Board of Appeals -19- April 30, 1991 Regular Meeting APPROVAL OF MINUTES: Motion was made by Mr. Goehringer, seconded by Mr. Grigonis, and duly carried, to approve the Minutes of the April 5, 1991 ZBA Meeting as prepared. This resolution was duly adopted. NEW MATTERS FOR PUBLIC HEARINGS AT THE JUNE HEARINGS CALENDAR MEETING (tentatively set for June 7, 1991), and for board inspections: Appl. No. 4028 - OLIVERI Appl. No. 4027 STAPLES Appl. No. 4026 - BOYLE Appl. No. 4025 - TAYLOR (HARRIS ESTATE) Appl. No. 4024 - STRITZLER. There being no other business properly coming before the Board at this time, the Chairman declared the meeting adjourned. The meeting adjourned at 11:15 p.m. Respectfully submitted, Linda F. Kowalski Approved - July 12, 1991 RECEIVED AND FILED BY TI~E $OUTIIOLD TO¥~N CLEi'2i DATE/4~~ HOUR ~' ~{~ Town Cle~k. Town o{ 8cut,old