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ZBA ponders deck expansion

JULIE LANE PHOTO The deck of this house at 55 Shore Road was subject to a stop work order when it was determined that it failed to meet the required front lot 40-foot setback. That sent the project to the ZBA for a variance.
JULIE LANE PHOTO | The deck of this house at 55 Shore Road was subject to a stop work order when it was determined  it failed to meet the required front lot 40-foot setback. That sent the project to the ZBA for a variance.

The Shelter Island Zoning Board of Appeals is weighing an application to expand a front deck on a house at 55 Shore Road beyond what code allows.Contractor Frank DeVito, who told the ZBA at its March 23 meeting that this was his first Shelter Island project, said he thought he had 45 feet to work with when he put up the framework for the deck, only to receive a stop work order. By code, he needed a 40-foot setback from the front lot line.

When the property was purchased by Virtu Property Group LLC, it needed a lot of work, said Sag Harbor-based attorney Kieran Murphree.

Major renovations are anticipated during winter months for the next few years, Mr. DeVito said.

Because the plans for the front deck call for expanding its depth by 5 feet, it would have a setback of 33.8 feet, rather than the required 40 feet, creating the need for a ZBA variance.

During the spring, summer and fall months, trees would block the view from the street, Ms Murphree said. It would only be during the winter when trees are bare that its size would be visible.

Mr. DeVito said 200 square feet of decking was being trimmed from the west side of the house while the proposed front deck would be 350 square feet.

Of seven neighbors in the area, two wrote letters indicating they had no objection while one wanted assurance the house would be used only for private residential purposes, not a hotel. The others didn’t respond to Ms. Murphree’s outreach to them, the lawyer said.

ZBA members voiced general comfort with the application with few questions. William Johnston III asked only that the owners agree not to cut trees from the back of the lot, saying they would be topped off, but not removed.

Anyone wanting to comment further may do so by letter until April 6. The ZBA is expected to discuss the application ay its April 13 work session and could vote on it at the April 20 regular meeting.

In other actions the ZBA approved:

• An application from Katherine Michel of 24 Wesley Avenue who complied with a request to scale back a brick patio and pathway; install an air conditioning unit with a noise level of no more than 55 decibels; abandoned a request for a bay window; and moved an area intended for a trash receptacle closer to her house.

That she will still be exceeding the 40 percent allowed lot coverage by 3.4 feet posed no problem for the ZBA, given the other changes to which Ms. Michel has agreed.

• The application from the Carroll Family Trust for a special permit to add a small second-story addition to a nonconforming house at 56 Tuthill Drive on Big Ram Island provided the Carrolls repair any damage that might occur to Tuthill Drive that neighbors are paying to have repaired.

The Carrolls agreed to that stipulation and also to complying with the town’s dark skies requirements for lighting of their site. The footprint of the house remains the same and an upgraded septic system was recently installed.

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