Shelter Island Reporter

Jim Olinkiewicz, representing Thomas Amico, told the board that previous additions were permitted by code when they were made — Mr. Amico’s neighbor Caryn Leland disagreed.

At the Zoning Board's December 9 meeting, the board heard an application from Thomas Amico, then voted to approve most of his requests. The board, however, viewed Larry Landry's application less favorably, only granting a small portion of his variance requests.

AMICO-MONTCLAIR COLONY

Mr. Amico applied for variances to construct a deck around a house located at 5 Bay Avenue, a Zone A Residential structure. The first variance was for the construction of a deck with pergola requiring 18.6 feet varying to 39 feet from the northerly frontyard line of Montclair Avenue and 28.5 feet from the westerly frontyard line of Bay Avenue, and a variance for the deck 20 feet from the northerly sideyard. The porch would extend from the west side of the house, wrap along the southern wall and continue along the east wall.

Jim Olinkiewicz presented the application to the board on behalf of Mr. Amico. He told the board that Mr. Amico's plans were originally far more extensive, including a 1,400-square-foot addition for enlarging their sun room, dining room and kitchen, as well as other considerations.

But he told the board that through conversation with Mr. Amico, he convinced them to scale their plans down significantly. He said the current plans "have the least amount of impact on the community for what they wanted. He also said that the plans included planting extensive vegetation to help shield the addition from the road.

The proposed addition would add 812 square feet, including the replacement of the current 160 square feet of decking that already exists on the southeast side of the structure and a stoop area on the west side.

Caryn Leland, who shares Mr. Amico's north property line, argued that the variances should not be granted because Mr. Olinkiewicz did not present any hardship to explain why this variance should be granted. "We all have desires, she told the board. "I think what Mr. Olinkiewicz expressed to you was a desire, but he didn't demonstrate a need or the circumstances to justify this deck coming out on the Bay Avenue side.

Ms. Leland was also concerned with the "creeping incrementalism of the Amico's structure. "I think it's very dangerous to legitimize pre-existing conditions that are at variance with the setback requirements, she said, referencing previous additions made to the building. Building Permits Coordinator Mary Wilson told the board that although the current structure is nonconforming, all past additions were allowed by the zoning codes at the time the changes were made.

Board Chairwoman Joann Piccozzi described the Bay Avenue side of the proposed deck as "the big problem, adding, "I personally feel like something could be done to not encroach any further towards Ms. Leland's house. Ms. Piccozzi noted that Mr. Amico is in a difficult position, since he is at the intersection of two roads: "The difficulty of a feasible alternative is a function of there being two front yards creating a 40-foot setback.

Board member Peter Ruig suggested the problem could be solved by allowing Mr. Amico to only build decking on the southern and eastern sides of the house.

Doug Matz described this solution as "a way to say, look, we've got a neighbor that really is opposed to the project for these particular reasons right here, you're giving the client what they'd like to see from this perspective ¦ and would satisfy the neighbor's objection to what they're seeing. Board member William Johnston III expressed support for this plan as well.

Board member Patricia Shillingburg didn't particularly like that solution, saying "It's just, aesthetically, it does not improve the appearance of the house, although she ultimately voted in favor of it.

The board unanimously passed a resolution to grant a variance of 21.4 feet varying to 1 foot from Montclair Avenue, allowing for the deck to be constructed on the southern and eastern sides of the home on condition that the applicant agree it could never be enclosed or expanded further in size. The resolution denied the 11.5-foot variance from Bay Avenue and the 5-foot sideyard variance from the northwesterly property line, so the applicants will be unable to construct the deck and pergola on the western side of the building.

LANDRY - HEIGHTS

The Landrys have asked for variances to reconstruct their already non-conforming Zone A residence. They plan to build an attached three-car garage with second-floor living space, requiring a special permit and a 9.5-foot variance from the north sideyard line to build a two-story, three-car garage. They hoped to enclose their porch to add additional habitable area to their house, requiring a variance of 12.5 feet varying to 10.75 feet from the north and south sideyard setbacks. They also requested a variance of 12.5 feet varying to 10.75 feet from the north and south side ard setbacks to construct a new pool and patio.

The board passed a resolution to deny the special permit and variances for the two-story, three-car garage and the variance for the pool and patio, but granted the variance to convert their porch to habitable area. Ms. Piccozzi, Mr. Matz and Ms. Shillingburg voted in favor of the resolution, while Mr. Ruig voted against it - Mr. Johnston abstained.