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HomeMy WebLinkAbout3792 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 2.5 SOUTHOLD, L.I., N.Y. 11~71 TELEPHONE (516) 765 1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRiGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. ACTION OF THE BOARD OF APPEALS Appeal No. 3792: At a Meeting of the Zoning Board of Appeals held on December 16, 1988, the above appeal was considered, and the Action indicated below was taken on your Request for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2A: Upon application of NICK THEOPHILOS for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2A for permission to locate swimmingpool with fence enclosure with an insufficient setback from average line of bluff along the Long Island Sound. Location of Property: 450 The Strand, East Marion, NY; Pebble Beach Farms, Inc. subdivision Lot 9135; County Tax Map District 1000, Section 21, Block 5, Lot 5. WHEREAS, a public hearing was held and concluded on December 8, 1988 in the Matter of the Application of VINCENT GEROSA under Appeal No. 3792; 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 documentation submitted concerning this application; 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 property in question is identified on the Suffolk County Tax Maps as District 1000, Section 21, Block 5, Lot 5, and is known and referred to as subdivision Lot No. 135, subdivision Map of Pebble Beach Farms, filed in the Suffolk County Clerk's office as Map Number 6266. 2. The subject premises is improved with a single-family dwelling as more particularly shown on the survey map prepared by Roderick VanTuy1, P.C., amended July 22, 1988. Page 2 - Appl. No. 3792 Matter 6f NICK THEOPHILOS Decision Rendered December 16, 1988 3. By this application, appellant proposes to construct an inground swimmingpool of a size 18' by 36' and four-foot high fence enclosure, leaving an insufficient setback at its closest point to the top of the bank (or bluff) at not less than 60 feet {and 65 feet for the outer edge of pool construction}.. 4. Article XI, Section 100-119.2, subparagraph A(1) requires all buildings and structures proposed on lots adjacent to the Long Island Sound to be set back not less than one-hundred (100) feet from the top of the bluff, or bank. 5. The existing dwelling is shown to be set back at 100 feet from the average top of bluff line; the width of the parcel is nonconforming at 75 feet and has an upland area of approximately 17,000 sq. ft. (exclusive of the land area below and along the bluff). 6. In considering this appeal, the Board finds and determines: (a) the activities required for the placement of this construction are to be built without disturbance to the vegetation of the bluff or be adverse to the character of the immediate area; (b) the percentage of relief in relation to the requirement is substantial; however, there is no other alternative for appellants to pursue other than a variance; (c) the practical difficulties are related to the land with the established nonconformities, and are not personal in nature; (d) the grant of this variance will not in turn be adverse to the safety, health, welfare, comfort, convenience, or order of the town; (e) in considering all the above factors, the interests of justice will be served by granting the application, as conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to GRANT a Variance from Article XI, Section 100-119.2A of the Zoning Code for permission to locate inground swimmingpool with fence enclosure as applied in the Matter of NICK THEOPHILOS under Appeal No. 3792, SUBJECT TO THE FOLLOWING CONDITIONS: 1. There be no disturbance within 60 feet of the bluff (or bank) area {any and all grading, excavating, etc. shall be away from the bluff and directed toward the house/street yard area}; 2. Pool and patio areas shall not be physically attached to the principal structure and shall remain unroofed; 3. Storm drains or leeching basins should be installed (away from the bluff and directed toward the front yard); Page 3 - Appeal No. 3792 Matter 6f NICK THEOPHILOS Decision Rendered December 16, 1988 4. Highest elevation of the pool construction shall be at grade level (and not built above the ground level), as proposed; 5. No overhead lighting adverse to neighboring properties. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Sawicki and Dinizio. (Member Doyen of Fishers Island was absent due to serious family illness.) This resolution was duly adopted. lk