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HomeMy WebLinkAboutZBA-01/23/1989 SPECAPPEALS BOARD MEMBERS GERARD P. GOEHRINGER. CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICK[ JAMES D)NIZIO, JR. Southold Town Board of Appeals MAIN RnAD- STATE RFIAD 25 sr-IUTHDLD, L.I.. N.Y. 11~71 TELEPHONE (5]6) 765 1809 MINUTES SPECIAL MEETING MONDAYr JANUARY 23r 1989 A Regular Meeting was held by the Southold Town Board of Appeals on MONDAYt JANUARY 23, 1989 commencing at 7:15 o'clock p.m. at the Southold Town Hall, Main Road, Southold, New York. Present were: Gerard P. Goehringer, Chairman; Charles Grigonis, Jr. and James Dinizio, Jr., consisting of quorum of the five Board Members. Absent were: Member Joseph H. Sawicki {out-of-state} and Member Serge Doyen of Fishers Island.). Also present were: Linda Kowalski, Board Assistant, and Bill Fallon, Suffolk Times reporter. The Chairman opened the meeting at 7:15 o'clock p.m. and the Board proceeded with the first item on the agenda, as follows: DELIBERATIONS/DECISION in the Matter of Appeal No. 3810. Application of ANTHONY AND ROSEMARY BOLLETINO. The transcript of hearing held January 12, 1989, was previously prepared and placed in the record. The following action was taken: WHEREAS, a public hearing was held and concluded on January 12, 1989 under Appeal No. 3810; 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: Southold Town Board of Appeals-2- January 23, 1989 Special Meeting (Appl. No. 3810 - BOLLETINO decision, continued:) 1. By this application, appellants request a Variance under Article III, Section 100-32 for permission to construct a 16 ft. by 32 ft. inground swimmingpool with four-ft, high fence enclosure and 55 ft. by 115 ft. tennis court with 10-ft. high fencing, in the frontyard area as shown on the sketched copy of survey (lastly dated June 2, 1988 of Roderick VanTuyl, P.C.). 2. The premises in question is an 1.719+-acre parcel of land situated along the north side of Main Road in the Hamlet of East Marion, Town of Southold, and more particularly identified on the Suffolk County Tax Maps as District 1000, Section 23, Block 1, Lot 14.6. 3. The subject parcel is improved with a two-story single-family house set back 255+- feet from the Main Road and 70 feet from the westerly property line. 4. Article III, Section 100-32 of the Zoning Code provides accessory buildings to be located only in the required rear yard. 5. For the record it is noted that a similar variance was conditionally granted under Appeal No. 3059 in the Matter of the Application of THEODORE AND MEL METALIOS for an accessory tennis court in the frontyard area upon premises located two lots west of the subject Bolletino premises. 6. Also noted for the record is the response dated January 18, 1989 prepared by J. Kevin Mclaughlin, Esq. concerning the inquiry of the Board of Appeals at its January 12, 1989 concerning the percentage of lot coverage as regulated by Section 100-31, Bulk Schedule of the Zoning Code. The percentage of lot coverage provided by the applicant was 11,825 square feet. 7. It is the position of this Board in considering this application that: (a) the circumstances are unique; (b) the relief requested is not unreasonable and is the minimal necessary; (c) the relief requested will not alter the essential character of the neighborhood; (d) there is no other method feasible for appellant to pursue other than a variance; Southold Town Board of Appeals -3- (Appl. No. 3810 - BOLLETINO decision, January 23, continued:) 1989 Special Meeting (e) the variance, if granted, will not in turn be adverse to the safety, health, welfare, comfort, convenience, or order of the town, or be adverse to neighboring properties; (f) the interests of justice will be served by granting the variance. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, to GRANT the relief requested under Appeal No. 3810 in the Matter of ANTHONY AND ROSEMARY BOLLETINO for permission to locate inground swimmingpool with fence enclosure and tennis court with 10-ft. high fencing, as accessory uses in the frontyard area, to be used incidental to the residential use of the premises, SUBJECT TO THE FOLLOWING CONDITIONS: 1. Waiver or other action by the Southold Town Trustees concerning existence of wetland grasses in the southerly portion of the property prior to commencing activities for construction; 2. Minimum 15 ft. setback from the easterly property line for the pool construction; 3. Minimum 12 ft. setback from the easterly property line for the deck construction; 4. Structures not to be roofed or enclosed; 5. Lighting for the pool shall be shielded to the property (mushroom type); 6. No lighting for the tennis court structure; 7. Tennis court fencing shall be limited to a height of 10 feet (as applied). Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, and Dinizio. (Absent were: Member Doyen due to poor flying conditions, and Member Sawicki was out-of-state.) This resolution was duly adopted. Southold Town Board of Appeals -4- January 23, 1989 Special Meeting DELIBERATIONS. Appl. No. 3797 - FISHERS ISLAND UTILITY CO. It was noted for the record that the information requested at the January 12, 1989 hearing has not to date been received. This matter will be carried over to the next Board Meeting calendar for a decision or other update. DELIBERATIONS/DECISION: Appl. No. 3814 - RYCK KOKE. Accessory pool with fence enclosed in the side yard area. 245 Kimberly Lane, Southold; Paradise By the Bay Subdivision Lot No. 2. WHEREAS, on December 19, 1988, an application for a variance was filed by the Offices of Rudolph H. Bruer, Esq. for RYCK KOKE under Appeal No. 3814; and WHEREAS, a public hearing was held on January 12, 1989; 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, on January 12, 1989, following conclusion of the subject hearing, a minimum of three votes could not be accounted for either a denial or approval of the subject application from the three Members present; and WHEREAS, it is the consensus of this Board that a rehearing is necessary for additional facts, evidence, testimony and/or further questionning; NOW, THEREFORE, BE IT RESOLVED, on motion by Chairman Goehringer, seconded by Member Dinizio, that a rehearing be and hereby is unanimously agreed in the Matter of the Application of RYCK KOKE, and BE IT FURTHER Southold Town Board of Appeals -5- January 23, 1989 Special Meeting RESOLVED, that the rehearing be and hereby is scheduled for the next hearing calendar (expected on or after March 2, 1989). Vote of the Board: Ayes: Goehringer, Grigonis and Dinizio. (Absent were: Member Doyen of Fishers Island and Member Sawicki {out-of-state}). This resolution was unanimously adopted. PENDING APPLICATIONS: The Board Members acquiesced in holding all pending applications temporarily in abeyance for reviews under the newly adopted Master Plan revisions before advertising or other procedures, which are expected to be finalized within the next three weeks. ASSOCIATION OF TOWNS: The Board Members indicated that they did not expect to make reservations for overnight stay for the Association of Towns Meetings in February; however, two or three members did request registration for day-time attendance, traveling, tolls and meals, for the dates deemed necessary. SCHLUMP RIGHT-OF-WAY: Location: W/s Westphalia Road, Mattituck. The Board Members agreed to withdraw its request for an engineer's report concerning the right-of-way since the right-of-way is currently being improved and will not require extensive evaluation for substantial improvements. There being no other business properly coming before the Board at this time, motion was made by Mr. Goehringer, seconded by Mr. Dinizio, and duly carried, to conclude the meeting. The meeting adjourned at approximately 7:50 p.m. Approved - 2~ / ~ Re~spect fully submitted, -'~inaa F. ~wa±s~i, ~ecretary / Southold Town Board of Appeals