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ZBA grants Shore Avenue variances with condition to remove encroaching deck
Summary
The Zoning Board granted area variances for 76 Shore Ave in Greenland Lake after staff flagged nearby historic resources and potential endangered-species issues; the board required removal of a deck portion that extended about 9 feet over a north property line.
The Town of Warwick Zoning Board of Appeals on Jan. 23 approved area variances for a Shore Avenue property at 76 Shore Ave, Greenland Lake, allowing reductions in front- and side-yard setbacks as proposed by applicants Vincent Corrado and Amber Lees, while attaching a condition to address an encroaching deck.
Staff told the board the short-form environmental assessment form identified proximity to a listed historic resource in the neighborhood, noting "The Boulders" and saying that resource is registered on both the State and National Historic Registers. Staff also reported the EAF listed potential occurrences of the bog turtle and the Indiana bat, so pre-construction evaluations and seasonal tree-clearing restrictions apply if work would disturb those resources.
Neighbors and board members raised that a portion of an existing deck extends over the north property line by up to 9 feet. Staff confirmed the applicant proposed to remove the encroaching portion and to cut the remaining deck back to a 0.5-foot side-yard setback along the north line. Board members debated whether variances should include parking-related code provisions; staff recommended omitting a requested parking variance (code subsection 164-45.1(c)(3)) because the parking condition was preexisting and not part of the revised proposal.
After the board applied the five statutory variance criteria and discussed neighborhood character and preexisting nonconformities, a member moved to grant the variances as amended to remove reference to the parking variance. The motion passed. Staff said a written determination from the planning department would follow in about a week so applicants could apply for building permits.
"The applicant is proposing to remove the entire encroaching portion of the deck and cut it back to within the property line," staff said during the hearing. "If you're not clearing any trees, then the Indiana bat is not an issue. You just need to make sure that you're not disturbing or destroying any bog turtle nests prior to construction."
