HomeMy WebLinkAbout6618 BOARD MEMBERS
Leslie Kanes Weisman, Chairperson
James Dinizio, Jr.
Gerard P. Goehringer
George Homing
Ken Schneider
Southold Town Hall
53095 Main Road · P.O. Box 1179
Southold, NY 11971-0959
Office Location:
Town Annex/First Floor, Capital One 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
2013
MEETING OF JANUARY 17, 2013
ZBA FILE: 6618
NAME OF APPLICANT: Peter and Dianne Mollica
PROPERTY LOCATION: 50 Schooner Drive (comer Anchor Drive), Southold NY SCTM#-1000-79-4-2
SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this
application and determines that this review falls under the Type 11 category of the State's List of Actions, without
further steps under SEQRA.
LWRP DETERMINATION.' The relief, permit, or interpretation requested in this application is listed under the
Minor Actions exempt list and is not subject to review under Chapter 268.
PROPERTY FACTS/DESCRIPTION: Subject property is located in the R40 zone and contains 21,524 sq. ft. It is
improved with a two story framed single family dwelling with attached garage. It has 220.09 feet on Schooner
Drive, 94.65 feet on the north along Schooner Drive, 220.00 feet on the eastern property line and 101.02 feet on
Anchor Lane as shown on the survey dated 8-23-12 prepared by John C. Ehlers, LS.
BASIS OF APPLICATION: Request for Variance from Sections 280-15 and the building Inspectors December 3
2012 Notice of Disapproval assed on an application for building permit for an accessory in-ground swimming pool
at: 1) accessory in-ground swimming pool is proposed in a location other than the code required rear yard, located
at: 50 Schooner Drive (comer Anchor Lane) Southold NY SCTM# 1000-79-4-2.
RELIEF REQUESTED: The applicant is requesting variance relief to install an in-ground swimming in an area
other than the code required rear yard. In this case, the proposed pool location is one of the three front yards on this
corner lot.
FINDINGS OF FACT/REASONS FOR BOARD ACTION:
The Zoning Board of Appeals held a public hearing on this application on January 3, 2013 at which time written
and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property
and surrounding neighborhood, and other evidence, the Zoning Board finds the following facts to be true and
relevant and makes the following findings:
1. Town Law §267-b(3)(b)(1). Grant of the variances will not produce an undesirable change in the character of
the neighborhood or a detriment to nearby properties. Swimming pools are a common accessory in residential
zones throughout the town.
Page 2 of 2 - January 17, 2013
ZBA Fileg6618 - Mollica
CTM: 1000-794-2
2. Town Law §267-b(3)(b)(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 lot is burdened with three front yards as defined by the
town code and a very small rear yard that contains the septic system and is only 22 feet deep so to locate a pool
anywhere on the property would require a variance.
3. Town Law §267-b{3}(b)(3). The variance granted herein is mathematically substantial, representing 100 %
relief from the code requirement to place an accessory pool structure in the rear yard. However, the placement of
the pool as proposed by the applicant is the only logical location for an accessory pool considering the placement
of the house and the fact that the lot has three front yards.
4. Town Law §267-b{3}(b){47 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
applicant is required to meet all current codes with respect to runoff and pool filter discharge and the pool will be
screened by evergreen plantings to shield any viewing from the street.
5. Town Law §267-b(3}(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the
Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the
limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase.
6. Town Law §267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the
applicant to enjoy the benefit of a 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 Dinizio, seconded by Member Goehringer, and duly
carried, to
GRANT, the variance as applied for, and shown on the survey prepared by John C Ehlers Land Surveyor and dated
08/23/2012, subject to the following condition;
1. A row of evergreen plantings must be installed and continuously maintained running the full length of the
northeast property line at a height of at least 4 feet.
That the above condition be written into the Building Inspector's Certificate of Occupancy, when issued
Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a
possible denial by the Building Department ora building permit, and may require a new application and public hearing before
the Zoning Board of Appeals.
Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited
above, such as alterations, extensions, or demolitions, 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
fkature 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.
The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of
nonconformity.
~'ote of the Board Ayes' Members. Weisman (Chairperson,) Horning, Dinizio, Schneider, Goehringer This Resolution was duly adopted
(5-0)
Leslie Kanes Weisman, Chairperson
Approved for filing / / 2-,/,--/2013