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';PPE1{s BOARD MEMBERS.
Ruth D. Oliva, Chairwoman
Gerard P. Goehringer
James Dinizio, Jr.
Michael A. Simon
Leslie Kanes Weisman
.
Mailing Address:
Southold Town Hall
53095 Main Road. P.O. Box 1179
Southold, NY 11971-0959
Office Location:
Town Annex /First Floor, North Fork Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
http://southoldtown.northfork.net
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809. Fax (631) 765-9064
RECEIVEDcj L 0 0 A
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MAR 2 4 tJXl6
FINDINGS, DELIBERATIONS, AND DETERMINATION
MEETING HELD MARCH 9, 2006
Southold Town Cler.
ZBA Application No. 5834
Applicants/Owners: CAROL FESTA and THOMAS GEPPEL, JR
Property Location: 450 Harborview Avenue, Mattituck CTM 99-3-21.3
BASIS OF APPLICATION: Request for a Variance under Section 100-33, based on the
Building Inspector's November 2, 2005 Notice of Disapproval, concerning a proposed
swimming pool in an area other than the code-required rear yard, at 450 Harborview
Avenue, Mattituck.
FINDINGS OF FACT
The Zoning Board of Appeals held a public hearing on this application on March 2, 2006
at which time written and oral evidence were presented. Based upon all testimony,
documentation, personal inspection of the property, and other evidence, the Zoning
Board finds the following facts to be true and relevant:
REASONS FOR BOARD ACTION: On the basis of testimony presented, materials
submitted and personal inspections, the Board makes the following findings:
1. Grant of the area variance will not produce an undesirable change in the character of
the neighborhood or a detriment to nearby properties. There are many other swimming
pools in the neighborhood, and the applicants' pool will be unobtrusive, since the
proposed location on the subject property is below the grade of the road. The
applicanVowner's survey also indicates that the pool will be completely enclosed by a
fence which will further insure privacy from adjoining properties and the road frontages.
2. The benefit sought by the applicants cannot be achieved by some method, feasible
for the applicant to pursue, other than the relief requested. The natural topography and a
very large glacial boulder on the subject property created substantial limitations on the
siting of the residence. The location of the septic system in the rear yard leaves an
unreasonably small area in which to locate an in ground swimming pool.
3. The variance granted herein is not substantial. The second front yard in which the
swimming pool is proposed is extremely large and the proposed setbacks are substantial,
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Page 2 - March 9, 2006
Appl. No. 5834 - Carol Festa and Thomas Geppel, Jr.
CTM 99-3-21.3
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3. The variance granted herein is not substantial. The second front yard in which the
swimming pool is proposed is extremely large and the proposed setbacks are substantial
between the pool and the property lines on this 2.023 acre lot (122' from East Side
Avenue, 120' from Harborview Avenue, and 48' from the adjoining property to the north).
4. The alleged difficulty has been self-created.
5. No evidence has been submitted to suggest that the proposed additions will have an
adverse impact on physical or environmental conditions in the neighborhood.
6. Grant of the requested variance is the minimum action necessary and adequate to
enable the applicant to enjoy the benefit of an in ground swimming pool while preserving
and protecting the character of the neighborhood and the health, safety and welfare of
the community.
RESOLUTION OF THE BOARD: In considering all of the above factors and applying the
balancing test under New York Town Law 267-B, motion was offered by Member
Weisman, seconded by Member Simon, and duly carried to
GRANT the variance as applied for, as shown on the May 23, 2000 survey
amended December 9, 2005, with the following conditions:
1. The owner/applicant shall install dry wells/leaching basins near the swimming
pool to prevent disposal of pool water directly on the ground.
2. The owner/applicant shall provide a landscaping and fencing plan designed
to create year-round visual privacy and preserve the character of the
neighborhood.
This action does not authorize or condone any current or future use, setback or other
feature of the subject property that may violate the Zoning Code, other than such uses,
setbacks and other features as are expressly addressed in this action.
Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehringer, Simon and
Weisman. (Member Dinizio was absent.) This Resolution was duly adopted (4-0).
Clno\i, i~ _ &~~
Ruth D. Oliva, Chairwoman 3/.1..'i /06
Approved for Filing
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LEGAL NOTICE
SOUTH OLD TOWN ZONING BOARD OF APPEALS
THURSDAY, MARCH 2, 2006
PUBLIC HEARING
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100
(Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTH OLD
TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold,
New York 11971-0959, on THURSDAY. MARCH 2. 2006:
2:10 P.M. CAROL FESTA and THOMAS GEPPEL, JR. #5834 - Request for a Variance under
Section 100-33, based on the Building Inspector's November 2, 2005 Notice of Disapproval,
concerning a proposed swimming pool in an area other than the code-required rear yard, at
450 Harborview Avenue, Mattituck; CTM 99-3-21.3.
The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each
hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each
hearing will not start earlier than designated above. Files are available for review during regular
business hours. If you have questions, please do not hesitate to contact our office (631) 765-1809, or
linda.kowalski@town.southold.ny.us.
Dated: February 7, 2006.
ZONING BOARD OF APPEALS
RUTH D. OLIVA, CHAIRWOMAN
By Linda Kowalski
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FORM NO.3
NOTICE OF DISAPPROVAL
DATE: November 2, 2005
TO: Thomas Geppel, Ir. & Carol Festa
PO Box 1614
Mattituck, NY 11952
Please take notice that your application dated November 1,2005
For construction of an accessory in-ground swimming pool at
Location of property 450 Harborview Ave.. Mattituck. NY
County Tax Map No.1 000 - Section 99 Block.l.. Lot 21.3
Is returned herewith and disapproved on the following grounds:
The proposed construction. on this conforming 88.156 square foot parcel with two front vards. is not
permitted pursuant to Article III. Section 100-33. which states.
"In the Agricultural-Conservation District and Low-Densitv Residential R-80. R-120. R-200
and R -400 District. accessory buildings and structures or other accessory uses shall be located
in the required rear yard."
001 is noted as bein located in the front ard.
Authorized 19nature
Note to Applicant: Any change or deviation to the above referenced application, may require
further review by the South old Town Building Department.
CC: file, Z.B.A.
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For Office Use Only l"V' t
Date Assigned/Assignment No. ...J0.3
Office Noles:
Parcel Location: House No.4':lO Street Harbor V/()AJ Ave.. _ Hamlet k,tl:Hducl
SCTM 1000 SectionJ21:LBlock 03 Lot(s)ll. t.V3 Lot Size 2.0L';Q.crr.j,one District R 8' 0
I (WE) APPEAL 1HE WRI) TTEN DETERMINATION OF THE BUILDING INSPECTOR
DATED: 11-1- 2- _ OS
ApI'licant/Owner(s): Co.r'DI FesAt'L ~ /hOVYlCL'S. A. 6-e.pyel,Jr
Mailing 4 A
Address: 50 t1arbor VI'v.AJ lie
~\cd11+11 e-L, }J Y 11'15 z..
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e/A4.. tf?J'~Zq-7927)
NOTE: If applicant Is not the ~wner, state If appJic8Jlt Is ownerls allorney, agent, architect, builder, contract vendee, etc.
Telephone: tP31- 24'6- /542.
Authorized Representative:
Address:
Telephone:
t I\-'C
Please specify who you wish correspondence tll be mailed to, from the above listed nam!'s:
)t. Applicant/Owner(s) 0 Authorized Representative 0 Other:
WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED 10/2.5/0'5
FOR:
Jli: Buliding Permit
o Certificate of Occupancy 0 Pre-Certificate of Occupancy
o Change of Use
o Permit for As-Built Construction
o
Other:
Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph
of Zoning Ordinance by numbers. Do not quote the code.
Artlele ::r:rr Section 100- ;. S Subsection
Type of Appeal. An Appellfis llIade for:
Ill' A Variance to the ZOnlllgCodeorZoning Map.
o A Variance due to lack ofaccess required by New York Town Law-Section 280-A.
o Interpretation of the Town Code, Article Section
o Reversal or Other
A prior appeal 0 has" has not been made with respect to this property UNDER Appeal
No,_Year
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Page 2 of 3 . Appeal Appllcaflon
Parf A: AREA VARIANCE REASONS (attach extra sheet as needed): 5ee C<. +\t:<..c.hJ Ji> r
q II'( c;,.-h~ 1-4/ (P
(l) An undesirable change will not be produced In the CHARACTER of the neighborhood or a
detriment to nearby properties, If granted, because:
(2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the
applicant to pursue, other than an area variance, because: '
(3) The amo,:/nt of relief requested Is not subsfanHal because:
,
(4) The variance will NOT have an adverse effect or Impact on the physical or environmental
condlHons In the neighborhood or district because:
(5) Has the variance been self. created? ~) Yes, or ( ) No. If not, Is the construcHon
exlsHng, as built? ( ) Yes, or ( ) No.
(6) AddltlonallnformaHon about the surrounding topography and building areas that relate to
the difficulty In meeHng the code requirements: (attach extra sheet as needed)
This Is the MINIMUM that Is necessary and adequate, and at the same Hme preserves and
protects the character of the neighborhood and the health, safety, and welfare of the
community. .
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SW~i~fbt&-~~~b
{N~I'/ P~
Signature of Appellant r orlzed gent
. {Agent must submit ..wthomatJon..from-Gwner}-
CONSTANCE SZYMCZAK
NoIaJy Public, State ef New Yotk
~Q1SZ6125616
Oull In Suffolk County
CcN.ft' ,..... Expl.. AprU 18.2001
ZBA Ap, 913Oi11Z
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Part A: Area Variance Reasons
(1) The location proposed for the pool is a substantial distance from adjacent roads
and lot lines. As proposed, the pool will be approximately 120 feet from Harbor
View Ave, 122 feet from East End Ave and 48 feet from neighboring property
line. The perimeter of the property is lined with evergreens therefore there is
significant shielding from the road and neighbors. The pool itself will be
tastefully done and surrounded by plantings so as to blend it into the existing
landscape. The proposed pool is not outside of the character of the neighborhood
as every home with the exception of one within the subdivision has a built in pool.
(2) The pool cannot be located in the rear yard due to the location of the septic system
and limited space. First the septic system is located in the rear yard. Further, the
rear yard currently includes a sizable children's swing set (30x20 feet) as well as a
sizable raised bed, fenced in, vegetable garden (30x20). Neither of these is easily
moved without considerable effort and expense. This is also the principle area
where the children play. Putting in a pool would eliminate this play area
altogether. This is the only logical area for the play area given its proximity to the
house.
(3) The area proposed for the pool will more than provide for the necessary setbacks.
(4) The pool will not have an adverse impact on the physical or environmental
conditions of the neighborhood as the proposed pool will be done in a very natural
style, with natural stone and will be surrounded by plantings so as blend in with
the current landscape. Further all homes except for one already has a pool so this
is in keeping with the character of the neighborhood.
(6) The code requires the pool to be situated in the rear yard; however the rear yard is
the location of our septic system and also contains a large swing set (30x20 feet in
size) and fenced in and raised bed vegetable garden (30X20 feet in size). This
provides little or no room for a pool and would eliminate the children's principle
play area.
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PROJECT DESCRIPTION
(Please include with Z.B.A. Application)
Applicant(s): ClArOl ~-e~ d!l10VI1C'S Gt.~[ Jr.
1. Ifbuilding is existing and alterations/additions/renovations are proposed:
A. Please give the dimensions and overall square footage of extensions bevond existing building:
Dimensions/size: ~OXL..jO_ In YO\l<'lct pOO-(
Square footage: ~O 0 S-\ .
B. Please give the dimensions and square footage of new proposed foundation areas which do not
extend bevond the existing building:
Dimensions/size: tv A
Square footage:
"II. lfland is vacant:
Please give dimensions and overall square footage of new construction:
Dimension/size:
Square footage:
Height:
"pro' 0s.e.4 Ivt .,k.Lla..,fi CW
V. Please submit seven (7) photos/sets after staking comers of the proposed new construction.
7/02
Please note: Further changes, after submitting the above information, must be placed in writing and may
require a new Notice of Disapproval to show changes to the initial plans. If additional time is needed,
please contact our office, or please check with Building Department (765-1802) or Appeals Department
(765-1809) if you are not sure. Thank you.
97-3- C;;' 3
FORMER OWNER
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NOT EO, PIPING S"'''LL BE POL ( 1><[1..("'[.
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(631) 728.1777
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GUARANTEES INDICATED HERE ON SHALL RUN
ONi Y TO THE PERSON FOR WHOM THE SURVEY
IS PREPARED, AND ON HIS BEHALF TO THE
TTTlE COMPANY, GOVERNMENTAL AGENCY,
LENDING INSTITUTION, IF LISTED HEREON, AND
TO THE ASSIGNEES OF THE LENDING INSTITUTION.
GUARANTEES ARE NOT TRANSFERABLE TO
ADOmONAL INSTITUTIONS OR SUBSEQUENT OWNERS.
UNAUTHORIZED AL TERATlON OR ADDITION TO THIS
SURVEY IS A VIOLA noN OF SECTION T209 OF
THE NEW YORK STA TE EDUCA TfON LAW.
COPIES OF THIS SURVEY MAP NOT BEARING
THE LAND SURVEYORS EMBOSSED SEAL SHALL
NOT BE CONSIDERED TO BE A VALID TRUE
COPY.
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S 62'19'10"W
122'
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LOT 2
413.00'
N
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UNDER
CONSTRue nON
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288.71 '
R=1262.78'
A=111.98'
STAKE
HARBORVIEW A VENUE
2 9 DECEMBERR 2005 DRAW IN PROPOSED IN-GROUND POOL.
I FINAL SURVEY 16 JAN 03
STAKE
0.5'
SURVEY OF
LOT J
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IN
SUBDIVISION MAP OF OREGON HEIGHTS
AT MATTITUCK
SITUATE
MAmUCK, TOWN OF SOUTHOLDSUFFOLK
COUNTY, N.Y.
SURVEYED FOR: THOMAS GEPPEL, JR.
CAROL FESTA
LOT 4
GUARANTEED TO:
THOMAS GEPPEL. JR.
CAROL FESTA
FIDELITY NATIONAL TITLE INSURANCE CO.
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FM# 8532
DATE FILED MAY 27, 1988
TM# 1000-099-03-21.003
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NOTE: SANITARY LOCATION PROVIDED
BY OTHERS.
SURVEYED: 23 MAY 2000
SCALE 1 "= 50'
AREA = 88.156 SF
OR
2.023 ACRES
SURVEYED BY
STANLEY J. ISAKSEN, JR.
PO. BOX 294
NEW sur OLK. NY 11956
631-73 -58 5