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APPEALS 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
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FINDINGS, DELIBERATIONS AND DETERMINATI~~~d,Jt2 ~.p..I'
MEETING OF MAY11,2006 ~T~,.l!l. rk
ZB File No. 5857 - JOHN CHAPMAN
Property Location: 2700 Arrowhead Lane, South old
CTM 98-2-20.1
SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this
application and determines that this review falls under the Type II category of the State's List of Actions,
without an adverse effect on the environment if the project is implemented as planned.
PROPERTY FACTS/DESCRIPTION: The applicant's 46,871 square foot parcel is located on the westerly side
of Arrowhead Lane in Peconic, and is improved with a one-story, single-family home, as shown on the May 23,
2001 survey prepared by John T Metzger.
BASIS OF APPLICATION: Building Department's January 25, 2006 Notice of Disapproval, citing Section 100-
33, in its denial of an application for a building permit to construct a swimming pool in a front yard, instead of
the code required rear yard.
FINDINGS OF FACT
The Zoning Board of Appeals held a public hearing on this application on April 27, 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:
AREA VARIANCE RELIEF REQUESTED: The applicant wishes to construct an in-ground swimming pool
(max. size 20' x 40') in the southeast yard area 35 feet from the southeasterly (front) lot line and 75 feet from
the southerly lot line, at its closest points.
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 variance will not produce an undesirable change in the character of the neighborhood or a
detriment to nearby properties. The character of the neighborhood includes 78.3 acres of open space and
land in common ownership with wetland areas. The neighborhood character will not be adversely affected by
the construction of a swimming pool, provided the pool be located no closer to Arrowhead Lane than that
indicated on the site plan (35 ft. minimum).
2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to
pursue, other than an area variance. The pool will have very low visibility, and will be made of gunite
construction, three feet deep at the shallow end and depth of six feet at the deep end, with installation of a
functional dry well system upland of the pool area.
Page2-May11,2006 -
ZB File No. 5857 - John Chapma~
CTM No. 98-2-20.1
.
3. No evidence has been submitted to suggest that a variance in this residential community will have an
adverse impact on the physical or environmental conditions in the neighborhood. The placement of the pool is
consistent with Trustees' required setback from adjacent wetlands and will be required to meet the restrictions
in the wetland permit issued by the NYS Department of Environmental Conservation approved 6/18/04.
4. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to
enjoy the benefit of a swimming pool as an accessory structure, 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 Simon, seconded by Member Weisman, and duly
carried, to
GRANT the variance as applied for and shown on the site diagram prepared by Alpha Consulting
dated 11-13-2003 and survey prepared by Peconic Surveyors, P.C. with pool location sketch,
SUBJECT to the following Conditions:
1. That the pool shall be of cement (gunite) construction (as proposed);
2. That a screening with 5 ft. high evergreens shall be maintained along the roadside of the pool with
two staggered rows of screening.
Any deviation from the variance given such as extensions, or demolitions which are not shown on the
applicant's diagrams or survey site maps, are not authorized under this application when involving
nonconformities under the zoning code. 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 Goehringer, Dinizio, Simon, and Weisman. This Resolution was duly
adopted (4-0).
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Ruth D. Oliva, Chairwoman 6/13/06
Approved for Filing
ANY AL TERA TION OR ADDITION TO' SURVEY IS A VIOLA -
CTION.,7209 OF' THE NEW YORK STATE EDUCATlON"Wl
EXCEPT AS ~ SECTION 7209- SUBDIVISION 2. ALL CERTlFfCA TIONS
HEREON ARE ''VALID FOR THIS MAP AND COPES THEREOF ONL Y IF
SAID,MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE: SURVEYOR
WHOSE SIGNA TliRE APPEARS HEREON.
ADDITIONALL Y TO COMPL Y WITH SAID LAW THE TERM "'AL TERELl BY'
MUST BE USED BY ANY AND ALL SURVEYORS UTH.JZ/NG A COPY
OF ANOTHER SURVEYOR'S MAP. TERItIS SUCH AS "INSPECTED'" AND
'1JROUGHT ~ TO - DA TE" ARE NOT IN COMPLIANCE WITH THE LAW.
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SURVEY OF
LOTS 21 & 22
"MAP OF ARROWlEAO COVE"
FLED .IU1\E 20, 1965 FLE ssw
AT PECONlC
TOWN OF SOUTHOLD
SUFFOLK COUNTY, NY
1000 - 98 - 02 - 20.1
SCALE, r' ~ 40'
MA Y 23, 2001
lj.TIF.IED TO'
.iidB C. CHAPMAN
WENDY CHAPMAN
FIRST AMERICAN TITLE INSURANCE
COMPANY OF NEW YORK
WASHINGTON MUTUAL HOME LOANS, INC.
APPROVED BY
BOARD Of TRUSTEES
")WN OFSOUTHOlD
[.,,,r' 10).v /03
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RECEWgO
APR 1 0 2006
ZONING BOARD of APPEA.LS
AREA = 48,sn sq. ft. or 10760 Be.
N. Y.S. LlC. NO. 4961B
cYORS, P.C.
,5020 FAX 163/1765" 1797
B 909
C :4 VELER STREET
TH LD, N. Y. 1/971
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SITE PLAN
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2.700 AR~owllGAO LIWfi., ~rc., /../1{ 1/95E>
::rtDHN CHAPM1W: C!~
,,"'l{OVffi) As. PER '1'llk...
"-i~U C'DNO~T10NS OF
I'l<RMiT 1:<0,1- '1738-033031001 '/
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Prepared by: ALPHA
III CONSULTING
Date: ll-I~- 0$
Scale: 1":= 40'
SCTM# 98-2-2.0.1
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NOTE: lU>l!lJi: tJF WOiT/..ANDS
DGUIllSATfiiJ> 'By ~IC
$uR.Ile{DRS: S-2.~-()1 A~.D
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.
LEGAL NOTICE
SOUTHOLD TOWN ZONING BOARD OF APPEALS
THURSDAY, APRIL 27, 2006
PUBLIC HEARING
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100
(Zoning), Code of the Town of South old, the following public hearing will be held by the
SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O.
Box 1179, Southold, New York 11971-0959, on THURSDAY. APRIL 27. 2006:
10:30 A.M. JOHN CHAPMAN #5857. Request for a Variance under Section 100-33,
based on the Building Inspector's January 25, 2006 Notice of Disapproval concerning
a swimming pool proposed in a yard other than the required rear yard, at 2700
Arrowhead Lane, Southold; CTM 1000-98-2-20.1.
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 Iinda.kowalski@town.southold.ny.us.
Dated: March 7, 2006.
ZONING BOARD OF APPEALS
RUTH D. OLIVA, CHAIRWOMAN
By Linda Kowalski
'fDO. /"
." "
FORM NO.3
NOTICE OF DISAPPROVAL
DATE: January 25,2006
TO: T. Angell for
John Chapman
POBox447
Greenport, NY 11944
Please take notice that your application dated January 23,2006
For a permit for an accessory inground swimming pool at
Location of property: 2700 Arrowhead Lane, Southold
County Tax Map No. 1000 - Section 98 Block 2 Lot 20.1
Is returned herewith and disapproved on the following grounds:
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The proposed accessory swimming pool. situated on this 46.871 Sq, ft. lot. is not
permitted pursuant to Article III. Section 100-33. which states:
"In the A-C District & Low Densitv Residential District. accessorv buildings & structures
or other accessory uses shall be located in the required rear vard. ...
The proposed inground swimming pool is located in the front vard,
/a-;/AA;' '.. (;:..;/
. Authorized Signature
Note to Applicant: Any change or deviation to the above referenced application may
require further review by the Southold Town Building Department.
APPLICATI. THE SOUTHOLD TOWN BO_F APPEALS
L FO';$~ce Use Only
Fee: $ '" rJ Filed By: ().L;-fv. -. ~ate Assigned/Assignment No.
T8s-7
r::-i~n i F
Office Notes:
Parcel Location: Honse No.2 700 Street Arrowhead Lane
Hamlet Peconic
SCTM 1000 Section~BlockQLLot(s) 20 .lLot Size 46 ,871 Zone District
I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BillLDING INSPECTOR
DATED: January 25. 2006
ApplicantIOwner(s): John Chapman
Mailing
Address:
2700 Arrowhead Lane Peconic, NY
Telephone:
(908) 723-5881
NOTE: If applicant is not the owner, state If applicant is owner's attorney, agent, architect, builder, contract vendee, etc.
Authorized Representative: Al pha Consul ting
Address:
PO Box 447 Greenport, NY 11944
Telephone: (631) 477-5944
Please specify who you wish correspondence to be mailed to, from the above listed names:
o ApplicantlOwner(s) ~ Authorized Representative 0 Other:
WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICA nON DATED J an 25, 2006
FOR:
XI Building 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.
Article Section 100- Subsection
Type of Appeal. An Appeal is made for:
Xl A Variance to the Zoning Code or Zoning Map.
o A Variance due to lack of access 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 Xl has not heen made with respect to this property UNDER Appeal
No._Year
REASONS FOR APPEAL
nal sheets ma be used with a lleant
AREA VARIANCE REASONS:
(1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a
detriment to nearby properties if grauted, becanse:
Project is a residential private swimming pool in a residential
neighborhood. .
(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:
Project location is limited by property configuration and DEC
setback requirements.
(3) The amount of relief requested is not substantial because:
Project is an in-ground swimming pool with low visibility
(4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions
in the neighborhood or district because:
Project complies with DEC requirements
(5) Has the alleged difficulty been self-created? ( )Yes, or KliNo.
This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the
character of the neighborhood and the health, safety, and welfare of the community.
swom~ b....ore me tbis t5 %
day of eo. ,20~.
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rotary Public ~-~.
BARBARA H. TANDV
NotIrY Publlo. State 01 NM__
No. 01T~!._
QualI1IecIIn 8uIlolk __ .,.,,, ~
COhm.-1oft ExplIM 01/13120 .iLJ
Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED,
ATTACHED USE VARIANCE SHEET: (please be sure to consu
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PROJECT DESCRIPTION
(Plense include with Z.B.A. Application)
Applicant(s): John Chapman
I. rfbuilding is existing and alterations/additions/renovations are proposed: .
A. Please give the dimensions and overall square footage of extensions bevond existin~ building:
Dimensions/size:
Square footage:
B. Please give the dimensions and square footage of new proposed foundation areas which do not
extend bevond the existing building:
Dimensions/size:
Square footage:
n. If land is vacant:
Please give dimensions and overall square footage of new construction:
Dimension/size:
Square jiootage:
HeiYjI
m. Pulpose and use of new constmctionrequested in this application: Residential in-ground
swimming pool
. IV. Additional information about the surrounding contours or nearby buildings that relate to the difficulty
in meeting the code requirement(s):
Rear yard size inadequate, side yard (south) abuts wetlands,
side yard (north) faces house entry and driveway
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. Thankyou.
.
.
QUESTIONNAIRE
FOR FILING WITH YOUR Z.B.A. APPLICATION
A. Is the subject premises listed on the real estate market for sale?
DYes KINo
B. Are there any proposals to change or alter land contours?
DYes ~No
C. I) Are there any areas that contain wetland grasses? No
2) Are the wetland areas shown on the map submitted with this application? No
3) Is the property bulkheaded between the wetlands area and the upland building area?
l\Tn
4) If your property contains wetlands or pond areas, have you contacted the office of the
Town Trustees for its determination of jurisdiction? Yes Please confirm status of your
inquiry or application with the Trustees: Permi t granted
D. Is there a depression or sloping elevation near the area of proposed construction at or below five
feet above mean sea level? No
E. Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown
on the survey map that you are submitting? No (Please show area of these
structures on a diagram if any exist. Or state "none" on the above line, if applicable.)
F. Do you have any construction taking place at this time concerning your premises? No
If yes, please submit a copy of your building permit and map as approved by the Building
Department and describe:
G. Do you or any co-owner also own other land close to this parcel? No
the proximity of your lands on your map with this application.
If yes, please label
H.
Please list present use or operations conducted at this parcel
mil and proposed use same wi th
: single-family; proposed: same with garage.)
Residential, existing
pool
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