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Board grants multiple setback and floodplain-fill variances for Sunset Pointe lots after debate over demolished house and driveway slope
Summary
The Northwell County Board of Adjustment approved variances for two Sunset Pointe parcels to allow reduced side-yard setbacks, an 8-foot roadway setback, and a 74-foot shore/retaining-wall setback (1 foot relief) after staff and members discussed a house-demolition timeline, nonconforming-structure rules, grading and driveway-slope constraints; roll call vote was unanimous.
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The Northwell County Board of Adjustment on April 9 approved multiple variances for properties at 29 and 59 Sunset Pointe (parcel number 018-0612), granting reduced side-yard setbacks (5.5 feet), an 8-foot roadway setback, and a 74-foot shore/retaining-wall setback where 75 feet is required, subject to town advisory elevations and county permitting conditions.
Board members and staff spent substantial time on background facts: staff said a house on the lot had been knocked down after the application was submitted and explained the county’s nonconforming-structure rule that generally allows a one-year period to replace a structure in the same location. Committee member B raised the question whether the demolition created a self-imposed restriction; staff said the timing suggested the current owners likely removed the house but could not confirm who performed the demolition.
Members and staff also discussed technical constraints. Staff noted minimum living-space and ground-level dimensions for attached living space (a total minimum of 1,000 square feet, with a main-level minimum width requirement) and explained floodplain-fill standards: the finished grade or top of slab must be at least 1 foot above the flood elevation and certain elevation maxima (top of slab and top of retaining wall limits) were advised as town conditions. Board members debated driveway slope and grading options, citing that allowing an 8-foot roadway setback would reduce available run length and could increase driveway slope from roughly 12% toward near 20% unless grading in the right-of-way or between the road and lot line is possible.
After reading findings for approval that cited narrow lot width, the need for a retaining wall to hold required fill, and compliance with floodplain and shoreline criteria, the board voted by roll call: Tom — aye; Jim — aye; Susan — aye; Greg — aye. The motion carried and the requested variances were approved with town advisory elevations (top-of-slab and top-of-retaining-wall limits) and county permit conditions including erosion-control and sanitary permitting.
The board closed the item and later adjourned the meeting.
