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