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05/12/2008 ZBA Minutes
East Hampton Zoning Board of Appeals
Regular Meeting
May 12, 2008
Town Hall Meeting Room
7:00 P.M.

Unapproved Minutes

1.      Call to Order:  Chairman Nichols called the ZBA Meeting of May 12, 2008 to order at 7:00PM
Members Present: Chairman Charles Nichols, Members: Suzanne Redfield, Willie Fuqua
Alternate Members Present: Vincent Jacobson, Brian Spack,
Absent: Brendan Flannery, Sharon Ives-Lawson, Linda Dart
Staff Present:  James Carey, Building, Planning & Zoning Administrator

2.      Seating of the Alternates:  Brian Spack and Vincent Jacobson were seated

3.      Legal Notice:  Mr. Carey read the legal notice.

4.      Approval of Minutes
        ·       April 14, 2008 Regular Meeting

Mr. Fuqua moved and Mr. Spack seconded to approve the minutes dated April 14, 2008 as submitted.  The motion carried unanimously.

5.      Application of Jeffrey A. Chase, 15 Dogwood Drive, requesting a variance of the East Hampton Zoning
       Regulations, Section No. 6.1 to construct an accessory building/garage with a side yard setback of 15 feel and a rear yard setback of 25 feet – M 26/B 87A/L 5-7.

Mr. Carey reported this application was continued from the last meeting.  As the applicant presented the application it turned out that in addition to a set back requirement there was also a variance of 20.1 be granted to allow for an accessory building bigger than 1/3rd the size of the principal dwelling.  This has since been added to the application and there are no other changes.

Mr. Chase was before the ZBA with a request to be granted a variance in order to construct a 24 x 40, 960 square foot garage.  The second level that will be constructed will allow for a storage/attic area only.  Mr. Chase stated his hardship is the topography of the land and the current design of the lot allows for this location without extensive filling or grading.  

Mr. Carey reported on the additional variance section 20.1, the applicant is requested a 10.3% above the 1/3rd allowed of the accessory building to the primary dwelling and the hardship claimed under that amended application is the need to store and protect two antique vehicles.  The returned receipts from the certified letters are in the file with no response.

Chairman Nichols asked for anyone from the public to speak in favor or against the application.  Hearing no comments Chairman Nichols closed this portion of the public hearing.

Mr. Fuqua moved and Mr. Jacobson seconded to approve the application of Jeffrey A. Chase, 15 Dogwood Drive, requesting a variance of the East Hampton Zoning Regulations, Section No. 6.1 to construct an accessory building/garage with a side yard setback of 15 feel and a rear yard setback of 25 feet – M 26/B 87A/L 5-7 with only storage / attic space on the second level, with the hardship of the topography of the land and the current design of the lot allows for this location without extensive filling or grading.  The motion carried unanimously.

6.      Application of Michelle Coppola, 223 Middletown Avenue, requesting a variance of the East Hampton Zoning Regulations, Section No. 6.1, reduction of rear-yard setback from 50’ to 29’, to construct a deck – M 06/B 14/L 1A.

Ms. Coppola was before the commission requesting permission to build a 10 x 24 foot deck.  Mr. Jacobson asked how the calculation for the variance is 29’ with a 10 foot subtraction from 50.  Ms. Coppola reported on a previous variance that was approved for the construction of the home.  Ms. Coppola reported her home to be approximately 400 – 450 feet off of Middletown Ave.  

Chairman Nichols asked for anyone from the public to speak in favor or against the application.  Hearing no comments Chairman Nichols closed this portion of the public hearing.

Mr. Fuqua moved and Ms. Redfield seconded to approve the application of Michelle Coppola, 223 Middletown Avenue, requesting a variance of the East Hampton Zoning Regulations, Section No. 6.1, reduction of rear-yard setback from 50’ to 29’, to construct a deck – M 06/B 14/L 1A with the hardship stated as the layout of the lot and the topography.  The motion carried unanimously.

7.      New Business:
None

8.      Old Business:  None
Mr. Carey reported on the Chronic vs. ZBA argument that was heard on May 2nd and although the decision is not due for 120 days, the towns’ attorney feels the decision should come sooner and at that time a further discussion will take place.

Mr. Jacobson asked for an update on Ms. Porter.  Mr. Carey reported that has been settled, she has received her CO and the complaints have stopped.

9.      Adjournment:  
Ms. Redfield moved and Mr. Fuqua seconded to adjourn the regular meeting to the Zoning Boards of Appeals.  The motion carried unanimously.  The meeting was adjourned at 7:14 P.M.

Respectfully Submitted
Kamey Peterson
Recording Secretary