MINUTES OF ZONING BOARD OF APPEALS MEETING OF THE VILLAGE OF SAGAPONACK IN THE TOWN OF SOUTHAMPTON, COUNTY OF SUFFOLK AND STATE OF NEW YORK

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1 MINUTES OF ZONING BOARD OF APPEALS MEETING OF THE VILLAGE OF SAGAPONACK IN THE TOWN OF SOUTHAMPTON, COUNTY OF SUFFOLK AND STATE OF NEW YORK A duly held public meeting of the Zoning Board of Appeals of the Village of Sagaponack was held at 3:00 p.m. on Friday, July 11, 2008 at 20 Main Street, Sagaponack, N.Y. The meeting was called to order by Chairperson Greatrex with a flag salute. The following Board members were also present; Richard Thayer, Pedro Galban and Elliott Meisel. Also present was Village Clerk Rosemarie Cary Winchell. Absent were Board Member Merilee Foster and Village Attorney Anthony B. Tohill. Chairperson Greatex apologized for being late as she was held up in traffic. She called the meeting to order at 3:40pm. I. Minutes A motion was offered by Pedro Galban and seconded by Elliott Meisel to approve the minutes from the June 13, 2008 meeting. The motion was approved unanimously. I. OLD BUSINESS A. Noel Jeffrey and Lynn Jeffrey Sagg Main Street

2 Application of Noel Jeffrey and Lynn Jeffrey, for area variances to allow an individual sideyard of 10.1 feet where 16.8 feet is required and a total sideyard of 31.8 feet where 42 feet is required to allow for the construction of a covered porch on the south side of the rear of the dwelling. The following resolution was offered by Chairperson Greatrex and seconded by Pedro Galban: VILLAGE OF SAGAPONACK ZONING BOARD OF APPEALS In the Matter of the Application of : NOEL JEFFREY and LYNN JEFFREY. : DECISION This is an area variance application where the applicants' premises is a preexisting single and separate non-conforming 28,511 square foot lot at 99 Sagg Main Street (SCTM ) and applicants seek relief as follows: a side yard of 10.1 feet where , Village Code, requires 16.8 feet and a total side yard of 31.8 feet where , Village Code, requires 42 feet. This application results from the applicants' intended alteration of the existing residence (built in 1954) to add a porch at the southeast corner of the residence. The sideyard setback would be 10.1 feet. The existing setback is 9.8 feet. There accordingly will be no increase in the degree of non-conformity. The proposed addition

3 will maintain the existing roofline. The area of the proposed addition is 240 square feet. As proposed the addition would not be visible to adjacent neighbors. The Board is familiar with the premises and on the record developed at the hearing on this matter on June 13, 2008 the Board is unable to discern any undesirable change in the neighborhood if relief is granted. The Board does not see any alternative feasible for the applicants to pursue. The location of the proposed addition does appear to be the best location for this site. In the context of the facts presented on this record the relief is not substantial. And, of course, there is no evidence of an adverse environmental impact if relief should be granted. On the basis of the foregoing findings the Board concludes this application should be granted in all respects. vote: The resolution was thereupon duly adopted upon the following roll call Aye Nay Chairperson Greatrex _X Member Galban _X Member Meisel _X Member Foster Absent Member Thayer recused* *Note: Rich Thayer was absent from the June 13, 2008 meeting when the application was heard so therefore recused himself from the vote.

4 B. Nancy Ellen Davis Parsonage Lane Application of Nance Ellen Davis for a variance to allow a) completion of residence and accessory structures under construction pursuant to a Town of Southampton building permit allowing 7,362 square feet of gross floor area where the applicant now seeks approval for 7,033 square feet of gross floor area and the Village Code limits same to 3,848 square feet; b) front yard of 46 feet; c) a side yard of 9 feet: and ; d) a rear yard accessory structure setback of 20 feet and e) a side yard accessory structure setback of 20 feet. The following resolution was offered by Chairperson Greatrex and seconded by Elliott Meisel: VILLAGE OF SAGAPONACK ZONING BOARD OF APPEALS In the Matter of the Application of : NANCY ELLEN DAVIS. : DECISION This is an application seeking the following relief: a) a gross floor area of 7033 square feet where allows 3848 square feet; b) an individual sideyard of 9 feet instead of 14.6 feet as required under ; c) a front yard of 46 feet where 80 feet is required under the Table of Dimensional Regulations; d) a rear yard accessory structure setback of 20 feet where 30 feet is required under the Table of Dimensional Regulations; and e) a sideyard accessory structure setback of 20 feet where 30 feet is required under the Table of Dimensional Regulations.

5 The subject premises is a residence under construction pursuant to a Town of Southampton building permit. The premises are located at 215 Parsonage Lane and the tax map number is This application was presented by Eric Bregman, Esq. of Gilmartin and Bregman on June 13, Mr. Bregman emphasized during his presentation the following points: a) This application is unique to the extent the need for relief is the result of the change from the governing provisions of Chapter 330 of the Town of Southampton Code to the more restrictive provisions of Chapter 245 of the Village of Sagaponack Code; b) The application is supported by each of the closest neighboring property owners; c) A grant of relief will actually result in a lesser gross floor area (a reduction of 329 square feet) from what is permitted under the existing Town building permit (the existing frame garage at the northwest corner of the premises will be reduced as depicted on the John Barylski survey last dated May 29, 2007 submitted with the application); d) The residence under construction will be the personal residence of the applicant and her husband, and the redesign is the result of addressing their planned use of the premises; e) The westerly contiguous neighbor will be less impacted by reason of the elimination of a driveway serving cars on that side of the lot

6 using the garage, now converted to a non-habitable cabana with second floor game room; and f) The setbacks are not inconsistent with the neighboring houses. The Board does find the application to be unique: the Board is unaware of any other house still under construction under a Town permit. The Board is also persuaded a grant of the dimensional relief requested will not result in improvements out of character with this particular area of Parsonage Lane. For example the front yard setback at 46 feet is greater than any of the nearby houses. On the straightforward record presented, the Board does not find a grant of relief will result in an undesirable change in the neighborhood. The Board does find the relief is substantial but the Board also finds the plan presented to be superior to alternatives. There is no evident adverse environmental consequence. Accordingly the application is in all respects approved. vote: The resolution was thereupon duly adopted upon the following roll call Aye Nay Chairperson Greatrex _X Member Galban _X Member Meisel _X Member Foster Absent Member Thayer recused*

7 *Note: Rich Thayer was absent from the June 13, 2008 meeting when the application was heard so therefore recused himself from the vote. A motion to adjourn the meeting was offered by Richard Thayer and seconded by Pedro Galban and unanimously adopted. Time Noted: 3:55 pm Dated: July 11, 2008 ROSEMARIE CARY WINCHELL ZBA Clerk / Village Clerk