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APPEALS BOARD MEMBERS
Ruth D. Oliva, Chairwoman
Gerard P. Goehringer
James Dinizio, Jr.
Michael A. Simon
Leslie Kanes Weisman
Mailin!! 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
RECEIVED
t?d I:Y\Jf'M.
AUG 2 1 2006
~C7.?t...."J~.
SOUf~dT;;n C1er.
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF JUNE 29, 2006
ZB File No. 5908 - Ralph and Carmela Constantino
Property Location: 2105 Brown's Hill Road, Orient
CTM 13-1-8
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 applicants' 1.6 acre parcel is improved with a one and a half story
frame dwelling with garage and enclosed patio, as shown on December 9, 1986 survey prepared by Pat T.
Seccafico, Land Surveyor.
BASIS OF APPLICATION: Building Department's May 9,2006 Notice of Disapproval citing Section 100-33, in
its denial of an application for a building permit to construct an accessory in-ground swimming pool. The
reason stated by the Building Inspector in the denial is that accessory buildings and structures or other
accessory uses shall be located in the required rear yard.
FINDINGS OF FACT
The Zoning Board of Appeals held a public hearing on this application on June 22, 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 foliowing facts to be true and relevant:
AREA VARIANCE RELIEF REQUESTED: The applicants wish to construct an 18' x 36' in-ground swimming
pool on a 1.6-acre parcel with three front yards. The applicants wish to place the proposed pool in a front yard
location, approximately 80' from the front property line on North View Drive and approximately 84' from
Brown's Hill Road.
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 Board has determined that at least one other swimming pool exists In the
immediate area with the same or similar yard location/setbacks.
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 applicants have three front yards, and accessory structures can be
located by code only in a rear yard.
.
Page 2 - June 29, 2006 -
Z8 File No. 5908 - Ralph & Carme~nstantlno
CTM No. 13-1-8
.
3. The variance granted herein is not substantial. The setbacks meet or exceed the requirement (for rear yard
locations), and are the minimum that the Board would entertain.
4. The difficulty has not been self-created.
5. 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.
6. Grant of the requested relief 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 weifare 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 Goehringer, seconded by Member Dinizio, and
duly carried, to
GRANT the variance as applied for, as shown on survey site map dated December 9, 1986 prepared
by Pat T. Seccafico, Land Survey subject to the following conditions:
1. That a pump-out drywell be placed in a location adjacent to the pool for the purpose of
discharging pool water.
2. That the applicants supply the Board with a proposed screening plan that will screen the pool
from the two front yards adjacent to the pool.
3. That the applicants leave an un-vegetated/open area large enough for vehicular traffic to have
a line of sight while turning west from Brown's Hill Road to North View Drive.
4. That this un-vegetated/open area be continuously maintained, and trimmed/cut back to
provide for clear visibility.
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 Oliva (Chairwoman), Goehringer, and Dinizio. (Member Simon abstained
from vote.) Absent was Member Wiesma. his Resolu~ :ad)~ (3-0-1).
Ruth D. Oliva 8//(f, /06
Approved for Filing
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LEGAL NOTICE
SOUTHOLD TOWN ZONING BOARD OF APPEALS
THURSDAY, JUNE 22, 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. JUNE 22. 2006:
11:50 A.M. RALPH and CARMELA CONSTANTINO #5908. Request for a Variance under
Section 100-33, based on the Building Inspector's May 9, 2006 Notice of Disapproval
concerning a proposed swimming pool in a yard other than the code-required rear yard, at
2105 Browns Hill Road, North View drive and South View Drive, Orient; CTM 13-1-8.
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 in the Office of the Zoning
Board of Appeals during regular business hours and prior to the day of the hearing. If you have
questions, please do not hesitate to contact our office (631) 765-1809, or
linda.kowalski@town.southold.ny.us.
Dated: June 1,2006.
ZONING BOARD OF APPEALS
RUTH D. OLIVA, CHAIRWOMAN
By Linda Kowalski
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FORM NO.3
NOTICE OF DISAPPROVAL
DATE: May 9, 2006
TO: Swim King Pools ale Constantino
471 Route 25A
Rocky Point, NY 11778
Please take notice that your application dated May 8, 2006
RECEJ.\!f:
MAY 1 S 2006
1
I
,
For construction of an accessory in-ground swimming pool at
Location of property 2105 Brown's Hill Road, Orient. NY
County Tax Map No.1 000 - Section.u Block-.L Lot.8.
Bop.fID OF APPCI,LS
1.ONING
Is returned herewith and disapproyed on the following grounds:
The proposed construction, on this 1.6-acre parcel with three front yards, is not permitted pursuant to
Article III, Section 100-33, which states,
"In the Agricultural-Conservation District and Low-Density Residential R-80, R-120, R-200
and R-400 District. accessorv buildings and structures or other accessorv uses shall be located
in the required rear yard."
001 is noted as bein located in the front ard.
Note to Applicant: Any change or deviation to the above referenced application, may require
further review by the Southold Town Building Department.
CC: file, Z.B.A.
APPLICATION T.E SOUTHOLD TOWN ZONING .RD OF APPEALS
For Office Use Only c-q . V
Fee: $ Filed By: Date Assigned/Assignment No. :J It) 0
Office Notes:
Parcel Location: HouseNoJl,165 Street &0\.0(\50'\11 ed.
Hamlet Or I e.n t
SCTM 1000 SectionABlockLLot(s) g
Lot Size l.l<> o..U2 Zone District
I (WE) APPEAL THE WRITTEN DETERMI!~ATIO~ OF THE BUILDING INSPECTOR
DATED: !l\tV-\ e, 2. 00 Co for &ostYUmor'1 Dt "\,OUfld. fDD \ ,;, ,.tfoAt lflrJ,
Applicant/Owner(s): Rm ph Mo.. (1.nYl.eAo... Co()~n1l ~ ()
:;. (pO Gl).-r -hdci f I ace
Telephone: .., 16-106- 12./P V
Mailing
Address:
6,oolc.lyl"l
l\J.....f 1I~1'5
Fax:
NOTE: If applicant is not the owner, state below if applicant is owner's attorney, agent, architect, builder, contract vendee, etc.
Telephone:
Sw ;"'"
&.\-'71 (2At- ~6,q
lLll./. '0100
kll13 Po 0 1-s
l2o~ p+
tJLj 11118
1yLj-B2'12
Authorized Representative:
Address:
Fax:
Please specify who you wish corre~ondence to be mailed to, from the above listed names:
D Applicant/Owner(s) lJ.1\uthorized Representative D Other:
WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED 1fl9 B, '20Dv
FOR: /"
O1iuilding Permit
D Certificate of Occupancy D Pre-Certificate of Occupancy
D Change of Use
D Permit for As-Built Construction
o
Other:
.
Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph
of zonFdinance by numbers. Do not quote the code.
Article Section 100- 33 Subsection
Type of ApJlll'lI. An Appeal is made for:
[:f1( Variance to the Zoning Code or Zoning Map.
D A Variance due to lack of access required by New York Town Law-Section 280-A.
D Interpretation of the Town Code, Article Section
D Reversal or Other
A prior ;wpeal 0 has 0 has not been made with respect to this property UNDER Appeal
No. ~Year (for cnrrent and all prior owners).
Nameofowners:~d ~MnWJtA fO(\~l1(i. Appeal No.
REASONS FOR APPEAL (additional sheets mav be used with avvlicant's silwature):
AREA VARIANCE REASONS:
(1) An nndesirable change will not be produced in the CHARACTER of the neighborhood or a
d?fiment to nearby properties if granted, because: (l ~
y(O pc>'S~ ,,\/001 l,U1\\ be C:0f\6uiUobk d-1 &lAAu --rvolY"1
\...kr--\h'heu..> "\- B<ow(\.~h,lj
(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: ()_
-th6 IS 0.- {O{{1Utyop--h-t, LUI.f-n -!-wo'i'on+ yMdS. 0Jld....
nO (~{)..Ir yClyo...
(3) The amount of relief requested is not substantial because: I r'_
f'l'opcseo... poo I IAYtll be CL+ kets+ 100 --rv om
No.r--lt1 \fleW ~,..--
(4) The variance will NOT have an adverse effect or impact ou the phys!cal or envipmmental conditions
in the neighborhood or district because: .prO fOseul'VoO I u) \ II b-e -te.n ce ul -h>
Code .
(5) Has the alleged difficulty been self-created? ( )Yes, or (~o. Does this variance involve as-built
construction or activity? ( ) Yes, or ( ) No.
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.
Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE
ATTACHED USE VARIANCE SHEET: (Please be sur to consult YOllr attorney.)
s-t
Sworn to before me this I
day of . 20~
~ tk~1fM
KATHlEEN. QUIGLEY
NOTARY PUBliC. stale of New VOfll
No. 0'QlJ6,2~'24
Qu8U11ed In S.- Coonty
ComtnilSion Elcpinls April 25. 20~
Notary Publi
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Page 3 ot 3 - Appeal Application
ParlS: REASONS FOR USE VARIANCE (If requested):
For Each and Every Permitted Use under the Zoning Regulations for the Particular Dlsfrlct Where
the Project Is Located (please consult your attorney before completing):
1. Applicant cannot realize a reasonable return for each and every permitted use under the
zoning regulations for the particular district where the property is located, demonstrated by
competent financial evidence. The applicant CANNOT realize a REASONABLE RETURN because:
(describe on a separate sheet).
2. The alleged hardship relating to the property Is unique because: lot n tL'i:. -tu.>o
AtoM yo..u;ls - 11I3(OUJ\t1. pools Me. not r-:e<(Y\,-tteO. 1-",-hrOf\+u{l1Xd
3. The alleged hardship does not apply to a substantial portion of the district or neighborhood
because: vJ L OJ( ~ 0(\ l..Ov'rt,e('.
4. The request will not alter the essential charact~ of the neighborhood because: .
rOo) url\1 be Aav' W ov..~h tlw llJ....\ -tY0<<1 b o-th stteet<:.J '\)Ius -tUlU'd- In.
5. )fe alleged hardship has not been self-created becRuse:
\"ropex--ly IS on a. C1>rf\U 10rtn rtWD--t(On+4a.rcts
6. This Is the minimum relief necessary, while at the same time preserving and protecting the
character of the neighborhood, and the health, safety and welfare of the community. (Please
explain on a separate sheet it necessary.)
7. The spirit of the ordinance will be observed, public safety and welfare will be secured, and
substantial Justice will be done because: (Please explain on a separate sheet if necessary.)
( ) Check this box and complete PART A, Questions on previous page to apply AREA
VARIANCE STANDARDS. (Please consult your attorney.) Otherwise, please proceed to the
slanature and notary area below.
KA THl.EEIiI, CMII01.Ey
NOTARY PUBlIC, SWe.of New YOf1<
NQ.01Q\Je12~124
Qualifilld in SulIolk County
Commission ElopIres AprjI25. 20.I4
Sworn to before m this
IS'
day of... ... . . .lv.:f, 20 _
~ ~r!6.J;J
Signa re of Appellant or Authorized Agent
(Agent must submit Authorizallon from Owner)
ZBA App 9130/02
.
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APPLICANT'S PROJECT DESCRIPTION
(For ZBA Reference)
APPlicant:~h tlntl('MfYlela. Cons+.mhriOOatePrepared: :")-2- Dip
I. For Demolition of Existing Building Areas
Please describe areas being removed:
tJ{ft
II. New Construction Areas (New Dwelling or New AdditionslExtensions):
Dimensions of first floor extension:
Dimensions of new second floor: 1'1 I It
Dimensions of floor above second level:
Height (from finished ground to top of ridge):
Is basement or lowest floor area being constructed? If yes, please provide height (above ground)
measured from natural existing grade to first floor:
III. Proposed Alterations or Interior Structural Changes without enlargement/extension
(attach extra sheet if necessary) - Please describe building areas:
Number of Floors and General Characteristics BEFORE Alterations:
t-JIA'
Number of Floors and Changes WITH Alterations:
IV. Calculations of building areas and lot coverage (from surveyor):
Existing square footage of buildings on your property:
Proposed increase of building coverage: loL}!3 sq .-P1. (--poo I )
Square footage of your lot:
Percentage of coverage of your lot by building area:
V. Purpose of New constr~ction Requested:
. ~l<.
In 51 all
,
l(}jr{)UJ1~ pool 16>l31o'
VI. Please describe the'land contours (flat, slope %, etc.) as exist and how it relates to the
difficulty in meeting the code requirement(s):
_lo..nd '\Q,11a-1- O"cJ.- oj!. Will ha~-L nO P'O\?I4n m~&hi13
rork v Uju \ Yl'filerrt",-
Please submit seven (7) photos, labeled to show all yard areas of proposed construction after
staking corners for new construction), or photos of existing building area to be altered (area
of requested changes).
7/2002; 2/2005; 1/2006
.
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QUESTIONNAIRE
FOR FILING WITH YOUR Z.B.A. APPLICATION
A. Is the subject premises listed on the real estate market for sale?
DYes [J1<:jo
B. Are there any proposals to change or alter land contours?
o Yes Q.1:jo
C. 1) Are there any areas that contain wetland grasses? (\ 0
2) Are the wetland areas shown on the map submitted with this application? n 0
3) Is the property bulkheaded between the wetlands area and the upland building area?
1'10
4) If your property contains wetlands or pond areas, have you contacted the office ofthe
ToWn Trustees for its determination' of jurisdiction? nO Please confirm status of your
inquiry or application with the Trustees:
D. Is there a depression or sloping elevation near the area of proposed construction at or below five
feet above mean sea level? ("l 0
E. Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown
on the survey map that you are submitting? \"I b (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? (\ 0
If yes, please submit a copy of your building pennit and map as approved by the Building
Department and describe:
G.
Do you or any co-owner also own other land close to th,s parcel?
the proximity of your lands on your map with this application.
nD
If yes, please label
H.
Please list present use or operations conducted at this parcel
and proposed use
(examples: existing: single~family; proposed: same wi garage.)
~.J-0,t
.sit')
(L'b)den~
AuthOriza::;;;:nd{J;-knft~
2/05
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TOWN OF SOUTHOLD JlaOPERTY RECORD CARD
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Value
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.
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Extension .,r 1. ~ I ~~nt Floors
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Extension Ext. Walls WooD SIO/,"" , Interior Finish 5/1EE7 N,-'~ /
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Extension Fire Place y,-;" S Heat /fc-J
PA"" 'J ....Ojf30 ::. ; bD ./ 50 300 ./ Porch Attic
Porch Rooms 1 st Floor
Breezeway Patio Rooms 2nd Floor
Garage 2.t Y.,:./b = :3 ::,(~,; OS '(yO /Driveway
O. B. /
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05/01/2005
+
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ZBA
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TITLE NO. SP55o.5-S
S PA -S-846i94-~
Map of
DESCRIBED, PROPERTY
S.CT.M 10.00-13-1-8
situated ot
ORIENT, T/O SOUTHOLD
Suffolk Ca, New York
,,-- 1IIlU11U, ~"''''TS NOT SltOWN ANV
-..n' IOI.a IQCA.fIONS All NOr OlTAI.AHTEED
.....'..n._. or uriiiiutiOll$ IRdlc..t.d ".r.. staaft ... ., ..
.... penon ~r wttom tlte Hlrv_, Is pr.paAd. ... .. Ilk =:
tIi.. titl. cornp<l!IY. goyer"mGnYl ."....CV .!teI ~...........
lbtad ker.o!l, ar.d to the &s~kj.'''$ of ... 1..sIttcI: I
4iouor.ntee'Ji or certifl.:..tions .r8 .01 tr~... ........
'-ttthI.... ef' .lneqa.nt ow.en. -
Guaranteed to: Security Title 8 Guaranty Ca
Ralph Constontino 8
Carmela Constantino
Spano Abstracl Service Cap.
PA T T, SECCAFICO
PROFESSIONAL LAND SURVEYOR
109 LOOP DRIVE
f SAYVILLE NEW YORK
/.'."o,.J. ,.,.,-
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(5/6)567-4773
NY S. LlC 4928!~_