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09/08/2008 ZBA Minutes
East Hampton Zoning Board of Appeals
Regular Meeting
September 8, 2008
Town Hall Meeting Room
7:00 P.M.
Unapproved Minutes


1.      Call to Order:  Chairman Nichols called the ZBA Meeting of July 14, 2008 to order at 7:00PM
Members Present: Chairman Charles Nichols, Willie Fuqua, Brendan Flannery
Alternate Members Present: Vincent Jacobson, Brian Spack, Linda Dart
Absent: Suzanne Redfield
Staff Present:  James Carey, Building, Planning & Zoning Administrator
2.      Seating of the Alternates:  Vincent Jacobson was seated
3.      Legal Notice:  Mr. Carey read the legal notice.
4.      Approval of Minutes
a.      July 14, 2008 Regular Meeting:
Mr. Flannery moved and Mr. Fuqua seconded, to approve the minutes of July 14, 2008 regular meeting with one correction.  The motion carried unanimously.

5.      Application of Denise & Thomas Sweeney, 74 Spellman Point Road, requesting a variance of the East Hampton Zoning Regulations, Section No. 6.1, reduction of the side-yard setback to 8’ from 15’ to construct year-round and sufficient storage – M~9A/B~70/L~6 – Continued from July 14, 2008 Meeting.  

Mr.Carey reported that there was no testimony received or contact from the applicant to date.  
Mr. Flannery moved the application of Denise & Thomas Sweeney, 74 Spellman Point Road, requesting a variance of the East Hampton Zoning Regulations, Section No. 6.1, reduction of the side-yard setback to 8’ from 15’ to construct year-round and sufficient storage – M~9A/B~70/L~6 is denied without prejudice as there has been no parties present to discuss the application.  Motion was seconded by Mr. Fuqua.  The motion carried unanimously.

Mr. Flannery moved to change the order of the agenda to hear application item 7 next.  Motion was seconded by Mr. Fuqua.  Motion carried unanimously.

6.      Application of Fernand Martin, 6 Smith Street, requesting a variance of the East Hampton Zoning Regulations, Section No. 6.1, reduction of the rear-yard setback to 30’ from 50’ to construct a 16’ x 22’ barn – M 26/B 87A/L 2-2

Mr. Martin was before the commission with his request to construct a 16’ x 22’ barn.  The  square footage of the barn does not exceed 1/3rd the total of the square footage of the primary residence.  The barns general purpose will be for storage.

Mr. Flannery moved to accept the application of Fernand Martin, 6 Smith Street, requesting a variance of the East Hampton Zoning Regulations, Section No. 6.1, and reduction of the rear-yard setback to 30’ from 50’ to construct a 16’ x 22’ barn – M 26/B 87A/L 2-2 as requested.  Motion was seconded by Mr. Fuqua.  Motion carried unanimously.


7.      Application of Thomas P. & Alexandra P. Crean, 35 Lake Drive, requesting a variance of the East Hampton Zoning Regulations, Section No. 6.1, reduction of the north side-yard setback to 6’ from 10’ to construct a wrap-around, covered porch to existing entry – M~03A/B 44C/L 14

There were no applicants present to discuss the application of Mr. Thomas & Alexandra Crean.  No communication was received.

Mr. Fuqua moved to deny the Application of Thomas P. & Alexandra P. Crean, 35 Lake Drive, requesting a variance of the East Hampton Zoning Regulations, Section No. 6.1, reduction of the north side-yard setback to 6’ from 10’ to construct a wrap-around, covered porch to existing entry – M~03A/B 44C/L 14 without prejudice.  Motion was seconded by Mr. Flannery.  The motion carried unanimously.  

8.      New Business-  None

9.      Old Business-  

Mr. Carey reported on the Angelico order.  The court found against the ZBA and found the original decision that a zone change was the correct answer. As a result of that the East Hampton Building Department issued a cease and desist order to Angelico’s Lakehouse Restaurant that he could no longer continue valet parking.  The office has received an appeal to the cease and desist order and this matter will be heard at the next regular Zoning Board of Appeals meeting in October.

10.     Adjournment:  
Mr. Fuqua moved, and Mr. Flannery seconded, to adjourn the regular schedule meeting.  Motion passed unanimously.  The meeting was adjourned at 7:20 P.M.

Respectfully Submitted
Kamey Peterson
Recording Secretary