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APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Charles Grigonis, Jr.
Serge Doyen, Jr.
Joseph H. Sawicki
James Dinizio, Jr.
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
SCOTT L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
ACTION OF THE BOARD OF APPEALS
Appl. No. 3922
Matter of ROBERT AND THERESA TURNER. Variance to the
Zoning Ordinance, Article III A, Section 100-30 A.4, bulk and
parking area, for permission to construct an attached switching
pool to house. Property Location : 1525 Albo Drive, Laurel,
County Tax Map No. 1000, Section 126, Block 03, Lot 17.
WHEREAS, a public hearing was held and concluded on April
19, 1990 in the matter of the Application of ROBERT AND THERESA
TURNER, under Appeal No. 3922; and
WHEREAS, at said hearing all those who desired to be heard
were heard and their testimony recorded; and
WHEREAS, the board Members have personally viewed and are
familiar with the premises in question, its present zoning, and
the surrounding areas; and
WHEREAS, the Board made the following findings of fact:
1. The premises in question is located along the south
side of Albo Drive, Hamlet of Laurel, and is identified on the
Suffolk County Tax maps as District 1000, Section 126, Block 03,
Lot 17.
2. This is an application for Variances from the Zoning
Code Article III A, Section 100-30 A.2, for permission to
construct an attached swimming pool to house, proposed
construction will have insufficient bulk, area and parking
regulation.
Page 2 - Appl. No. 3922
Matter of ROBERT & THERESA TURNER
Decision render May 1, 1990
3. Article III A, Section 100-30 A.3, Bulk, area and
parking regulations. No building or premises shall be used and
no building or part thereof shall be erected or altered the
Low-Density Residential R-40 District unless that same conforms
to the requirements of the Bulk Schedule and of the Parking
Schedule, with the same force and effect as if such regulations
were set forth herein in full.
4. The subject premises is improved with a one story
framed house and the proposed pool from the southwesterly
property line will be approximately 7+- feet in this R-40 Zone
District.
5. In considering this application, the Board finds and
determines:
(a) that the circumstances of this application are
uniquely related to the premises and its established
nonconformities;
(b) that there is no other method for appellants to
pursue; and placing the proposed pool in any other location on
the premises will require other variance relief;
(c) that the area chosen for the pool is not unreasonably
located;
(d) that the variance will not in turn cause a substantial
effect on the safety, health, welfare, comfort, convenience
and/or order of the Town;
(e) that in carefully considering the record and all the
above facts, the interests of justice will be served by granting
the variance, as applied conditionally noted below.
Accordingly, on motion by Mr. Dinizio, seconded by Mr.
Sawicki, it was
Page 3 Appl. No. 3922
Matter of ROBERT & THERESA TURNER
Decision render May 1, 1990
RESOLVED, to GRANT a Variance in the matter of the
application of ROBERT & THERESA TURNER as applied under Appeal
No. 3922, SUBJECT TO THE FOLLOWING CONDITIONS:
1. that the pool not encroach any closer than 7+- ft. to
the southwesterly property line.
2. That the easterly side yard remain open for ingress and
egress to gain access to the rear yard.
3. That any lighting to the pool be shielded to the
property.
vote of the board: Ayes: Messrs. Goehringer, Grigonis,
Sawicki and Dinizio, (Absent Serge Doyen, Fishers Island). This
Resolution was duly adopted.
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GERARD P. GOEHRINGER, CHAIRMAN
RECEIVED AND FILED BY
THE SOUTHOLD TOWN CLERK
Town Clerk, Town o~ Southolcl