HomeMy WebLinkAbout4884 APPEALS BOARD MEMBERS C ��
p Southold Town Hall
Gerard P. Goehringer, Chairman �e,a� Gy<: 53095 Main Road
James Dinizio, Jr. y z P.O. Box 1179
Lydia A.Tortora ;p 177��� Southold, New York 11971
Lora S. Collins .4 O. / ZBA Fax(631)765-9064
George Horning Cl * $.901$a, ' Telephone(631)765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
TOWN-WIDE ZONING CODE INTERPRETATION
MEETING OF DECEMBER 7, 2000
App(. No. 4884 - BUILDING DEPARTMENT by Edward J. Forrester
LOCATION OF PROPERTY: Town-Wide, Town of Southold
DATE OF PUBLIC HEARING: November 16, 2000
SECTION OF CODE INTERPRETED: 100-13 Re: Definition of Swimming Pool and Fencing
Requirement
WHEREAS, pursuant to Section 267-a.4 of Town Law, and pursuant to Section 100-271 of the
Southold Town Code, an application was made by Edward Forrester of the Southold Town Building
Department for an Interpretation of the Zoning Code, Article III, Section 100-13 for a determination of
whether or not hot-tubs, Jacuzzis, on decks or as freestanding units in yards, shall be considered
swimming pools; and
WHEREAS, after due notice a public hearing was held by the Board of Appeals on November 16,
2000 in the Assembly Room, Town Hall, 53095 Main Road, Southold, New York to consider the
Building Inspector's question; and
WHEREAS, at said hearing all those who desired to be heard were heard and their testimony
recorded, and
WHEREAS, the Board has carefully considered all testimony and evidence; and
WHEREAS, Section 100-13"Definitions—Swimming Pools"of the Zoning Code reads as follows:
...§100-13 DEFINITIONS:
SWIMMING POOL--A structure containing an artificial body of water which is greater than six
(6) feet long or wide and greater than eighteen (18) inches in depth at
any point. Natural or man-made ponds all banks of which have a slope of less than forty-five
degrees (45°) shall not be included in this definition.
On motion offered by Member Tortora, seconded by Member Horning, it is
RESOLVEDO, that the Request for Interpretation by the Southold Town Building Department is
hereby ANSWERED as follows:
If the hot-tub or Jacuzzi, on a deck or as a freestanding unit in a yard, contains an artificial body
of water which is greater than six (6)feet long or wide and greater than eighteen (18) feet inches in
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If
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Page 2—December 7, 2000
Appl. No. 4884—Building Depaa ont
ZBA Interpretation (Swimming Pools)
depth at any point, then the structure shall be considered a swimming pool.
VOTE OF THE BOARD: AYES: Members Goehringer (Chairman), Tortora, Horning, and Collins.
(Member Dinizio was absent.) This Resolution was duly adopted (4-0).
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'GERARD P. GOEHRINGER, CH4MAN
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ELIZABETH A. NEVILLE ti„t• 1:74 Town Hall, 53095 Main Road
TOWN CLERK P.O. Box 1179
REGISTRAR OF VITAL STATISTICS III �V Southold, New York 11971
MARRIAGE OFFICER � �1� Fax (631) 765-6145
RECORDS MANAGEMENT OFFICER �_ 1 et# Telephone (631) 765-1800
FREEDOM OF INFORMATION OFFICER of'
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
TO: Southold Town Zoning Board of Appeals
FROM: Elizabeth A. Neville
DATED: October 10, 2000
RE: Zoning Appeal No. 4884
Transmitted herewith is Zoning Appeals No. 4884—Southold Town Building Department
- Request for interpretation.
FT if I .. for r I Ir I in o
LII. Ili ,.
MEMO
TO: Edward Forrester, Building Department
FROM: ZBA yam-A
DATE: November 2, 2000
RE: Appl. No. 4884 - Request for Interpretation/Fence Enclosures
The hearing on your Application for an Interpretation will be held Thursday,
November 16, 2000 at 6:30 p.m. It is requested that a representative for the
Building Department attend for possible questions at that time. Thank you.
- #ri tis G.,."...1- i O
111 If I flfh I 1171
NOTICE OF HEARING
NOVEMBER 16, 2000
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and
Chapter 100 (Zoning), Code of the Town of Southold, the following applications will
be held for public hearings by the SOUTHOLD TOWN BOARD OF APPEALS at
the Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY,
NOVEMBER 16, 2000, at the times noted below (or as soon thereafter as
possible):
6:30 p.m. Appl. No. 4884 - BUILDING DEPT. This is a request for a Town-
Wide Interpretation under Article I, Section 100-13 of the Zoning Code, as to
whether or not a hot-tub or jacuzzi structure shall be considered a "swimming pool,"
thereby applying the same fence enclosure standards of Section 100-31 C(4)(a).
The Board of Appeals will at the above time and place hear all persons or
their representative desiring to be heard or to submit written statements (before the
hearing is concluded). The hearings will not start earlier than designated. Files are
available for review during regular Town Hall business hours (8-4 p.m.). If you
have questions, please do not hesitate to call (631) 765-1809.
Dated: October 31, 2000. GERARD P. GOEHRINGER, CHAIRMAN
SOUTHOLD TOWN BOARD OF APPEALS
Town Hall
53095 Main Road
P.O. Box 1179
Southold, NY 11971-0959
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Town Hall,53095 Main Road , ® Fax(516)765-1823
Fax
P.O.Box 1179 ; , Telephone(516)765-1802
Southold,New York 11971-0959 ` ,'* ,1�
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BUILDING DEPARTMENT
TOWN OF SOUTHOLD
MEMORANDUM
TO: G. Goehringer, Chairman ZBA
FROM: E. Forrester, Building Department
DATE: September 29, 2000
RE: Request for interpretation/opinion
Recent applications received by this department involving deck additions that
include hot-tubs or Jacuzzi's , or free standing units in a yard, have been
interpreted by the Building Department as meeting the definition of swimming
pools in Section 100-13 of Town Code which reads as follows;
SWIMMING POOL --A structure containing an artificial body of water which is
greater than six (6) feet long or wide and greater than eighteen (18) inches in
depth at any point. Natural or man-made ponds all banks of which have a slope
of less than forty-five degrees (45°) shall not be included in this definition.
The fence requirement for swimming pools has created a problem for most
applicants, understandably. These units do have covers and or locking covers
however a strict interpretation of our code requires a fence.
Respectfully request the Board review this matter and render an interpretation
regarding hot-tubs/Jacuzzi's and whether or not a four foot fence enclosure is
required.
T � 1f T11 I I 1111 '
UPDATE FOR THE FILE
December 12, 2000
120 p m
A copy of the Board's signed decision rendered December 7, 2000 was given m person to
Ed Forrester today by ZBA staff
1
1
.
MEMO
TO Town Clerk Elizabeth A Neville
FROM ZBA Chairman Jerry Goehringer
DATE October 5, 2000
SUBJECT Assignment of Number 4884 for Building Department Request
The above application is transmitted for filing under the above assigned number
This is an application filed by the Building Department requesting an Interpretation
regarding fence enclosures around structures such as hot tubs which contain
water Thank you
Enclosure (1)
rown Of Southold
P0Box 1179
Southold, NY 11971
* * * RECEIPT * * *
Date 10/05/00 Receipt# 0
Transaction(s) Subtotal
1 Application Fees $0 00
Total Paid $0 00
Name Request, For Interpretation
From Building Department
Clerk ID LYNDAB Internal ID 18711
STATE OF NEWYORK)
)SS
COIF OF15FFRI._
�1 of Mattituck, in said
counCy7e4. my sworn,says that he/she is Principal
clerk of THE SUFFOLK TIMES, a weekly newspaper,
published at Mattrtuck, in the Town of Southold,
County of Suffolk and State of New York,and that the
Notice of which the annexed is a punted copy, has
been regularly published in said Newspaper once
\ CCC't
each week for ( weeks Successively,
commenAcig on the Zn`� day
of 20 Ck)
Pnncipal Clerk
Sworn tobme this /nd
day of 2000
CHRISTINA T WEBER( Notnr�l Public,State of New Yak
No 01WE803455 4 ky !�
� o p k r�embe 13,1 "
9, t '''.;;P-.-. Sec�n 1 100-231 based on the proposed tQJ e�etoff will contain an requesting (a) an Interpretation of
;,1= _ - r •mg Department October 4, area of less than 80,e0sq ft when cle X, Section 100 103C deter-
rt._ 2000 Notice of Dismal regard excluding any portion of a public or g the yard area of the proposed
_=�- mg a building perm cation for private street right of-way pursuant ccessory Wine Tasting Building"to
+. the reason that the paddock fence to definition of lot area Article I, be a rear yard instead of a front yard
height is proposed greater than four Section 100 13 Location of Property based on the definitions of Section
(4) feet high m a front yard area at Right-of-Way off the North Side of 100-13, and/or (b) a variance under
- 2100 Arbor Lane, Mattituck, NY, Main Road(State Route 25),Orient Article X, Section 100-103C, for a
Parcel 1000-121-1-1 11 Parcel 1000-19-3-9 8 and 9 9 new Wine Tasting Barn, in addition
_, 635 p m Appl No 4871 - 715 p m Appl No 4887 - VIC_ to the existing winery production
WILLIAM ZOUMAS(Owner Vera TOR AND ELLA BECK This is a building, which, based on the
_4. - Doroslu) (Continued from October request for a Variance under Article Building Department's September
--s-- 19,2000 hearing calendar) This is a XXIV, Section 100-244B, based on 20, 2000 Notice of Disapproval, is
request for a Variance under XXIV, the Building Department's October proposed for an overall length
Section 100-244 based on the 5,2000 Notice of Disapproval for an exceeding 60 ft frontage facing the
Building Department's September addition to dwelling which will Main Road (State Route 25),
11, 2000 Notice of Disapproval to exceed 20% lot coverage maximum Cutchogue, parcel 1000-103 1-19 2
- locate a new dwelling with a front for all building area Location of and 1911
yard setback at less than the 40 ft Property 2215 Minnehaha 8 00 p m Appl No 4862 -
_ minimum code requirement, and Boulevard,Southold,Parcel 1000 87- SPRING SPECTRUM. -L-P _
_ rear yard setback at less than the 50 3 56 (Owners W Baxter&ors)-This is
ft minimum requirement for a parcel 720 p m Appl No 4888 - a request for a Variance under
of 21,580 sq ft in size Location of RICHARD W GOODALE This is Article III, Section 100 33A, based
Property 455 Beebe Drive, a request for an Accessory Bed and on the Building Department's May
Cutchogue, NY, CTM Parcel No Breakfast Use by Special Exception 31, 2000 Notice of Disapproval for
1000-97-7 14 under Article III, Section 100- removal of the existing tower and to
6 45 p m Appl No a 4886 - 31B(14)for the renting of up to five construct new wireless commumca-
GLENN AND YVONNE MCNAB (5) rooms in an owner-occupied tion tower at a height exceeding 20
Contract Vendees (Elaine Abelson, dwelling for lodging and serving of feet above the average height of
Current Owner) This is a request for breakfast to not more than 10 casual buildings within 300 feet of the facil-
Variances under Article IIIA, and transient roomers,providing that ity The height is proposed at 110+-
:=;. Section 100-30A 3 and 100-30A 4 the renting of such rooms is clearly feet from ground Location of
II ru based pm the Building Department's incidental and subordinate to the Property 415 Ehjah's Lane,
_ October 2, 2000 Notice of principal use of the dwelling Mattituck County Tax Map No
?; . Disapproval of an application to Location of Property 8755 Fifth 1000-108-4-113 Zone District
-+ •„ _9s• locate a new dwelling with accessory Street, New Suffolk, New York, Limited Business
r.fi, . buildings The dwelling is proposed Parcel 1000 117 10 13 and 14,as one 8 20 p m Appl No 4864-MAR-
^la A, ' . , at less than 50 feet from the front and lot of 40,000+-sq ft TIN ROSEN This is an Appeal
, ±+ v,•.- rear property lines,and the proposed 730 p m Appl No 4881-GJNA requesting a Reversal of the Building
s�- -. accessory buildings are proposed MAXWELL This is a request for Department's Revocation of Permit
y11 11:t,>r%_- within the side yard Location of Variances under Article III, Section No 26546-Z dated August 14, 2000
-
0.-'-., - Property 665 Arrowhead Lane, 100 31 Bulk Schedule and Article regarding a ham radio tower which
_....1- _ _ Peconic,NY,Parcel 1000-98-3 4 XXIII, Section 100 231B, based on exists at 11780 Sound Avenue,
__ y`.ii r; 650 p m Appl No 4890 - the Building Department's Mattituck,NY,parcel No 1000-141-
'Pz, JAMES AND HELEN LECH- September 11, 2000 Notice of 344 Zone LI Light Industrial The
_ . - --- _' • MANSKI This is a request for a Disapproval to locate an addition to reasons stated in the Disapproval are
.i Variance under Article XXIV, dwelling and fence The addition is as follows "Pursuant to Article
4Section 100-244B, based on the proposed with lot coverage for all XXVIII, Section 100-282B, The
"-A- _ -• Building Department's September building area exceeding the maxi- Building Inspector may revoke a
. 11, 2000 Notice of Disapproval to mum 20% permitted by code, the building permit issued in error when
locate an addition to dwelling and fence will greater than 6 5 feet m it should not have been issued in
+ _ - addition to accessory garage with a height along the side and rear yards accordance with the application law
•
_, - lot coverage for all building area over Location of Property 170 Orchard Subject property, in LI Zone, had a
20 percent Location of Property Street,Orient NY,Parcel 1000-25-3 pre-existing nonconforming dwelling
NOTICE OF PUBLIC --2495-King Street Orient,NY,Parcel 3 1 as principal use This use was lost
HEARINGS 1000-26-2 45 7 35 p m Appl No 4879 - pursuant to Article XXIV, Section
SOUTHOLD TOWN " 655 p m Appl No 4883-MARI PETER HENNESSEY and MARY- 100 241Q Subject property does not
BOARD OF APPEALS D SHEA This is a request for a ANN FONTANA (Buckaneer contain a permitted principal use
THURSDAY, Variance under Article XXIV, Books) This is a request for a pursuant to Article XIV,Section 100-
NOVEMBER 16,2000 Section 100-244B, based on the Variance under Article III, Section 141A An accessory use cannot exist
NOTICE IS HEREBY GIVEN, Building Department's September 100 31 Bulk Schedule,based on the without a principal use"
pursuant to Section 267 of the Town 11, 2000 Notice of Disapproval to Building Department's September The Board of Appeals will at the
Law and Chapter 100 (Zoning), locate an addition to dwelling with a 11,2000 Notice of Disapproval for a above time and place hear all persons
'Code of the Town of Southold, the front yard setback at less than 35 warehouse, or storage building, or their representatives desiring to
following applications will be held feet, at 1350 Smith Road, Peconic, which building area will bring the be heard or to submit wntten state-
for public hearings by the NY,Parcel 1000-98-3 25 1 total lot coverage over 20%of the lot ments(before the hearing is conclud-
SOUTHOLD TOWN BOARD OF 700 p m Appl No 4885 - FB size Location of Property 4460 ed) The hearings will not start earh-
APPEALS at the Town Hall, 53095 HARVEY 111 This is a request for a Depot Lane, Cutchogue,NY Parcel er thin designated Files are avail
Main Road, Southold, New York Vanance under Article XXIV, 1000 96 5-8 able for review during regular Town
11971, on THURSDAY NOVEM- Section 100-244B, based on the 740 p m Appl No 4876-GOR- hall business hours (8-4 p m) If you
BER 16. 2000 at the times noted Building Department's September DON AND MADELEINE have questions, please do not hen-
below(or as soon thereafter as possi- 19, 2000 Notice of Disapproval to SCHLAEFER This is a request for a tate to call(631)765-1809
ble) locate an addition to dwelling with a Variance under Article X, Section Dated October 31,2000
6 30 p m Appl No 4884 - rear yard setback at less than 50 feet 100 103C, based on the Building GERARD P GOEHRINGER,
J[41bLIN - Fg_I Tliis is a request Location of Property Pnvate Road, Department's September 14, 2000 CHAIRMAN
for a Town-Wide Interpretation Fishers Island, NY Parcel 1000-7 6 Notice of Disapproval Applicants SOUTHOLD TOWN
under Article I,Section 100-13 of the 10 are proposing an addition to an exist- BOARD OF APPEALS
Zoning Code,as to whether or not a 710 p m Appl No 4889 - mg commercial building with a new Town Hall
hot-tub or Jacuzzi structure shall be RALPH and CATHERINE frontage facing C R 48 at 103 feet 53095 Main Road
considered "swimming pool," there CASELNOVA This is request for a Project Location 1670 House,47025 PO Box 1179
by applying the same fence enclosure Vanance under Article III, Section C R 48 (a/k/a Middle Road) Southold,NY 11971-0959
standards of Section 100 31C(4)(a) 100-31 Bulk Schedule based on the Southold,NY,1000-55-2 23 1609-1TN2
6 30 p m Appl No 4891 .- Building Department's September 7 45 p m Appl No 4882-LAY:
JAMES MILLER This is a request 11,2000 Notice of Disapproval in this COR AGRICULTURAL INC
for a Variance under Article XXIII, minor subdivision project The lot (Peconic Bay Winery) Applicant is