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Home My WebLink AboutZBA-04/24/1997 P;PPRALS BOARD MEMBERS S�FFO( Southold Town Hall Gerard R Goehringer, Chairman ti`Z` °y 53095 Main Road Serge Doyen ti -�� P.O. Box 1179 &a�m� �z�io�J�r. � • � Southold,New York 11971 Fax(516)765-1823 Lydia A.Tortora O! �a Telephone (516)765-1809 Maureen C. Ostermann BOARD OF APPEALS TOWN OF SOUTHOLD MINUTES THURSDAY, APRIL 24, 1997 REGULAR MEETING 6:20 p.m. Chairman Goehringer called the meeting to order. A Regular Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was held at the Southold Town Hall, 53095 .Main Road, Southold, New York 11971, on THURSDAY, APRIL 24, 1997 commencing at 6:20 p.m. Present were: Gerard P. Goehringer, Chairman _ ..., Serge J. Doyen, Member Lydia A. Tortora, Member Maureen C. Ostermann, Member Linda Kowalski, ZBA Secretary Gail Rochen, Court Reporter Absent was: James Dinizio, Jr. , Member (out-of-state) . Also present were: Town Attorney Laury Dowd (7:10 p.m. and Town Councilpersons Oliva and Hussie) . I. PUBLIC HEARINGS (Agenda Item I): Each of the following public hearings where held with the understanding that all prior verbatim testimony received on each appropriate application listed below were reentered into the record as if fully re-stated at this time. (Also, see written verbatim transcript prepared by court stenographer in detail, the original of which is also filed with the Town Clerk's Office for permanent recordkeeping) . 6:22 p.m. Appl. No. 4464 - TOMIS AND KATHY KOURKOUMELIS. Request for a Variance under Article XXIV, Section 100-239.4, based upon the January 31, 1997 Action of Disapproval issued by the Building Inspector, for permission to locate swimmingpool with fence enclosure set back at less than the required 100 ft. setback from the top of the bank or bluff along the Long Island Sound. Location of Property: 54775 C.R. 48, Greenport; Parcel No. 1000-44-1-2. RESOLUTION/HEARING CONCLUDED: After receiving testimony, motion was made by by Chairman Goehringer, seconded by Member Tortora, to close the hearing. Vote of the Board: Ayes: All (4-0). Page 2 - Minutes Southold Town Board of Appeals Regular Meeting of April 24, 1997 6:23 p.m. Appl. No. 4466 - PETER WALKER. This is a request for a variance based upon the March 11, 1997 Notice of Disapproval issued by the Building Inspector for permission to locate a large portion of accessory tennis court structure in an area other than the required rear yard, Article XXIII, Section 100-231A. Location of Property: 375 Pine Tree Court, Cutchogue, NY; Parcel 1000-98-1-7.17, containing a lot size of 79,135 sq. ft. RESOLUTION/HEARING CONCLUDED: After receiving testimony, motion was made by by Chairman Goehringer, seconded by Member Doyen, to close the hearing. Vote of the Board: Ayes: All (4-0). DELIBERATIONS/DECISION: Appl. #4464 - TOMIS & KATHY KOURKOUMELIS: (Decision in complete form is included at final pages of Minutes) . DELIBERATIONS/DECISION: Appl. No. 4466 - PETER WALKER. (Decision in complete form is included at final pages of Minutes) . PUBLIC HEARINGS, continued: 6:33 p.m. Appl. No. 4467 - CAROLINE TALBOT. This is a request for a variance based upon the March 4, 1997 Notice of Disapproval issued by the Building Inspector for permission to construct an accessory storage building in a front yard area, at premises located at Fox Avenue, Fishers Island, NY; Parcel 1000-9-1-27, containing a lot size of 18,500+- sq. ft. After receiving testimony, motion was made by by Chairman Goehringer, seconded by Member Tortora, to close the hearing. Vote of the Board: ' Ayes: All (4-0). 6:35 p.m. Appl. #4410 - GARY SACKS and ALAN SCHLESINGER. Based upon the July 16, 1996 Notice of Disapproval from the Building Inspector, applicants request a Variance under Article XXIII, Section 100-239.4B for a proposed deck addition within 75 feet of bulkhead, at 125 Mesrobian Drive, Laurel; Parcel #1000-145-4-7. After receiving testimony, motion was made by by Chairman Goehringer, seconded by Member Tortora, to close the hearing. Vote of the Board: Ayes: All. 6:38 p.m. Appl. #4468 - MATTHEW AND LAURIE DALY. This is a request for a variance based upon the March 17, 1997 Notice of Disapproval issued by the Building Inspector, for a building permit to construct new inground pool, which disapproval is based ". . .under Article III, Section 100-33, accessory buildings, structures and uses shall be located in the required rear yard. . . ." Location of Property: 2505 Deep Hole Drive, Mattituck; Parcel 1000-115-14-12, containing a lot size of 22,500 sq. ft. After receiving testimony, motion was made by by Chairman Goehringer, seconded by Member Tortora, to close the hearing. Vote of the Board: Ayes: All (4-0). DELIBERATIONS/DECISION: (Decision in complete form is included at final pages of Minutes). *Page 3 - Minutes Southold Town Board of Appeals Regular Meeting of April 24, 1997 6:46 p.m. Appl. No. 4465 - BARRY AND CAROL ASNESS. This is a variance based upon the March 5, 1997 Building Inspector's Action of Disapproval under Article XXIIII, Section 100-239.4A(1), to locate swimmingpool with deck areas within 100 ft. of the Long Island Sound bluffor bank, at premises known as 2879 Ruth Road Extension, Mattituck, NY; Parcel #1000-105-2-2.1. Later during .the hearing after extensive testimony, motion was made by Chairman Goehringer, seconded by Member Tortora, and duly carried, to recess for a short break. At 6:56 p.m, motion was made by Chairman Goehringer, seconded by Member Doyen, and duly carried, to reconvene the hearing and continue testimony. Additional testimony was received on this application until 7:46 p.m., at which time motion was made by Member Doyen, seconded by Chairman Goehringer, and duly carried, to recess this hearing until 7:30 p.m. on May 7, 1997. This resolution was unanimously adopted (4-0). 7:47 - T:52 p.m. NYNEX Public Hearing opened. Mr. Carlos Santoyo requested an early presentation in order to catch a ferry home, and the Board agreed to open the 'NYNEX hearing earlier, even though the agenda would place Fedynak as the next agenda item, in order to take Mr. Santoyo's testimony. After receipt of his testimony, motion was made by Member Doyen, seconded by Member Osterman, to recess the NYNEX hearing until later (resuming the schedule listed on the Agenda). 7:52 p.m. Appl. No. 4469 - RAYMOND FEDYNAK concerning property located along Fay Court (private road), Mattituck, NY. Applicant is requesting: a) a Waiver under Article II, Section 100-26 based upon Action of Disapproval by the Building Inspector under Article II, Section 100-25A which states ". . .Lot 1000-123-5-15 and 1000-123-5-16 have merged as they have been held in common ownership at some time since July 1, 1983. Both lots were created by deed prior to April. 9, 1957 and meet the requirements of 100-24A(1). Lot 1000-123-5-15 consists of 7500+- sq. ft. , and 1000-123-5-16 consists of 15,000+- sq. ft. of land area; and/or b) As an alternative, area variances under Article III-A, Section 100-30A.3 (Bulk Schedule) for each Parcel No. 1000-123-5-15 and 1000-123-5-16 as separate lots in this R-40 Residential Zone District, which Zone District requires 40,000 sq. ft. of lot area, 150 ft. lot width, and 175 ft. lot depth. This application was adjourned to May 7, 1997 at 7:40 p.m. pending receipt of a single-and-separate search from the applicant's attorney. Motion was mae by Member DOyen, seconded by Chairman Goehringer, and duly carried, to RECESS this hearing until 7:40 p.m. , May 7, 1997. This resolution was unanimously adopted (4-0). 7:54 p.m. Appl. #4463 - L. SUTER. d/b/a BLUEWATER SEAFOOD. This is an application for: (a) Variance relief based upon the January 6, 1997 Action of Disapproval issued by the Building Inspector, which states that a "permit to construct metal frame with canvass roof (addition) to existing retail fish market is disapproved on the following Pdge 4 - Minutes Southold Town Board of Appeals Regular Meeting of April 24, 1997 grounds: Under Article XXIV, Section 100-244B, proposed addition to existing retail fish market with accessory seasonal single service utensil seating, proposed construction is on a nonconforming lot located in the B General Business District, has insufficient side yard of . . . less than the required 10 feet. Action required by the Zoning Board; action also required by the Planning Board. . ."; and (b) Variance relief under Article XIX, Section 100-191 "Off Street F Parking Areas" for permission to utilize additional accessory open parking spaces within 200 ft. walking distance of the subject lot identified as Parcel 1000-122-3-7 (Suter), located upon adjoining property identified as Parcel 1000-122-3-6 (now or formerly of Bagshaw). This proposed additional parking area is located at the rear portion of the Bagshaw parcel that is zoned R-40 Residential, and is accessible to serve the immediately adjacent HB business uses. The remaining portion of the Bagshaw property (as well as the Suter parcel) is zoned "B" General Business. Street Address of Property: 11400 and 11500 Route 25 (a/k/a Main Road), Mattituck, NY; County Parcels identified as 1000-122-3-7 and 6. After receiving extensive testimony, motion was made by Chairman Goehringer, seconded by Member Tortora, to close the hearing, reserving decision. This resolution was unanimously adopted. 8:23 p.m. HEARING RECONVENED from earlier tonight and carryover from March 19, 1997: BELL-ATLANTIC/NYNEX. Property located at Main Road, Orient, NY. 1000-18-6-5. After receiving extensive testimony, motion was made by Chairman Goehringer, seconded by Member Tortora, to CLOSE the (verbal) hearing and extending time for the written portion until May 7, 1997. This resolution was unanimously adopted. 9:58 p.m. Appl. #4429SE and 4430, by LILCO, as Contract Vendee, concerning premises referred to as 8550 (vacant land) Main Road, Mattituck (near Laurel), identified as 1000-122-7-6.6, and also known as Lot #2 consisting of 35,798 sf.. as shown on the Subdivision of Map of "Frank Murphy Garden Center" approved by the Southold Town Planning Board 4/12/1982. Applicant, as contract vendee, is requesting: (a) Appl. No. 4429SE - Special Exception for Use of Vacant Land as shown on plot plan . for a compressor station building with fence enclosure in this "B" General Business District. (b) Appl. No. 4430 Variance under Article XXIII, Section 100-231-A for permission to construct fence enclosure, which exceeds maximum fence height restriction of 6 feet when located in the front yard, and which exceeds 6-1/2 feet in or along side and rear yards. Page 5 - Minutes Southold Town Board of Appeals Regular Meeting of April 24, 1997 After receiving testimony, motion was made by Chairman Goehringer, seconded by Member Tortora, to RECESS the LILCO hearings. This resolution was unanimously adopted. 10:20 p.m. End of hearings. AGENDA ITEM 11. (Carryover for next meeting): PENDING APPLICATIONS FOR DELIBERATIONS/DECISIONS/OTHER as deemed appropriate by Chairman. * * AGENDA III. UPDATES/MISCELLANEOUS: A. Upcoming SPECIAL MEETING (Includes Work Session & other business): May 1, 1997 7:00 p.m. (no change). B. Committee Meetings for May: (none calendared as of today) Attached on the final pages are the decisions re-confirmed as adopted on 4/10/97, and filed with the Town Clerk's Office: T. Kourkoumelouis C. Talbot M. Daly. Also attached is the new decision re: Peter Walker. APPEALS BOARD MEMBERS �0 � C '� Southold Town Hall Gerard P. Goehringer,Chairman �� G�� 53095 Main Road Serge Doyen o = v P.O. Box 1179 James Dinizio,Jr. •� Southold, New York 11971 Fax(516) 765-1823 Lydia A.Tortora �Ol �`�® Telephone(516) 765-1809 Maureen C. Ostermann BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION ADOPTED AT REGULAR MEETING OF APRIL 10, 1997 RESOLUTION ALSO ADOPTED APRIL 24, 1997 Appl. No. 4467 - ROBERT TALBOT PARCEL ID: 1000-9-1-27 STREET & LOCALITY: Fox Avenue, Fishers Island, NY DATE OF PUBLIC HEARING: April 10, 1997 FINDINGS OF FACT RELIEF REQUESTED BY APPLICANT: To locate accessory storage building in a front yard with a setback at 10 ft. from the closest front property line. The size of the building is proposed at 10' by 16 ft, and a height up to 11 ft. maximum. . PROPERTY DESCRIPTION: This property is located in an R-40 Residential Zone District and is a corner lot with frontage along Equestrian Avenue -of 158.55 ft. , along Fox Avenue of 121.58 ft. and along a private right-of-way of 132+- ft. This lot contains a total area of .42 of an acre and is improved with a single-family dwelling and small accessory shed, which shed is also located in a front yard pursuant to variance granted by the Board of Appeals September 9, 1975. A sketch of the construction and copy of a survey showing the location are both a part of this application. BASIS OF APPEAL: March 4, 1997 Building Inspector's Action of Disapproval, which reads as follows: under Article 100-33 and 100-33B(2) "an accessory building is permitted in the required rear yard. Considering the lot contains under 20,000 sq. ft. , it must be 3 ft. from the rear and side lot lines. . . ." (if same were situate in a rear yard location) . Note: When located in an area other than the required rear yard, location and setbacks to be decided by the Zoning Board of Appeals. REASONS FOR BOARD ACTION, DESCRIBED BELOW: Supplementing "the above, it is determined that: (1) The granting of the area variance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties because this building will be located in the middle of the subject lot and it is not visable from any street; (2) the benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance because of the topography of the land, the size of the lot, and the multiple front yard areas; Page 2 - Appl. #441 Decision Rendered 4/10/97 and 4/24/97, 1997 Re: 1000-9-1-27 by C. Talbot (3) the requested area variance is not substantial because of the minimal size of the shed relative to the large size of the property; (4) the proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because this is a small stied for accessory storage use only, with no increased traffic; (5) the situation has not been self-created because this is a new shed, and the zoning code defines the nature of use for each- of the yard areas. (6) based upon the findings notes above and the unique layout of the property with frontage along three streets, this is the minimum variance necessary and adequate, and preserves and protects the character of the neighborhood and the health, safety, and welfare of the community. RESOLUTION/ACTION ADOPTED APRIL 10, 1997: On motion by Member Doyen, seconded by Member Dinizio, it was RESOLVED, to GRANT the relief as applied. VOTE OF THE BOARD: AYES: Members Doyen, Goehringer, Dinizio, Tortora, and Ostermann. This resolution was duly adopted by unanimous vote. RESOLUTION/ACTION ADOPTED APRIL 24, 1997: On motion by Chairman Goehringer, seconded by Member Tortora, it was RESOLVED, to GRANT the relief as applied. VOTE OF THE BOARD: AYES: Members Doyen, Goehringer, Tortora, and Ostermann. This reso tion ward adbptA (4-0) . GERARD P. GOEHRINGER, CHAIRMAN r APPEALS BOARD MEMBERS O�OSUFFDj�C�G Southold Town Hall Gerard R Goehringer,Chairman `� �� 53095 Main Road Serge-Doyen ti '� P.O. Box 1179 James Dinizio, Jr. = Southold, New York 11971 Rre r 4a y �� Fax(516)765-1823 Lydia A.Tortora O! ��O Telephone(516)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS D DO andMAPRIL 024, 1997 ADOPTED AT REGULAR MEETING OF APRI Appl. No. 4464 - TOMIS KOURKOUMELIS PARCEL 1000-44-1-2 STREET & LOCALITY: 54775 C.R. 48, Greenport DATE OF PUBLIC HEARING: April 10, 1997 FINDINGS OF FACT PROPERTY DESCRIPTION This property is located in an R-40 Residential Zone District, being situate on the northerly side of County Road 48 with 63.69 ft. road frontage and 75.0 ft. frontage e Long Island Ilotn contains a at the total ordinary highwater mark (l 53 survey). area of .67 of an acre and, as depicted on the 1953 survey map (re-dated. December 23, 1996) under this application is improved with the following: one-story brick house (single-family), accessory garage located in the front yard area, and accessory deck structure along bulkhead. BASIS OF APPEAL: Building Inspector's Action ok Disapproval dated January 31, 1997, which reads as follows: under Article XXIII, Section 100-239.4A(1) , ". . .all buildings located on lots adjacent to sounds and upon which there exists a bluff or bank landward of the shore or beach shall be set back not fewer than one-hundred (100') feet from the top of such bluff or bank. Pursuant to Article XXIII, Chapter 100-239.4A(1) . Action required by the Zoning Board of Appeals. Gary J. Fish, Building Inspector." AREA VARIANCE RELIEF REQUESTED BY APPLICANT: To locate a 16' by 36' inground swimmingpool with deck and tence enclosure, situate 34 ft. from the outside bulkhead below the bluff area, and 22 ft. from the "ledge" or closest portion of the deck which exists near the . beach area below the bluff. The pool is shown to be proposed at five feet from the rear of the house, 17 ft. from the westerly side property..line, 15 ft. from the easterly side property line, and 69 ft. from the ordinary highwater mark (northerly property line). For the record, it is noted there would be a grass area or possibly a ground level brick patio shown between the pool and the fence areas (rather than a raised deck which would require a variance) . REASONS FOR BOARD ACTION DESCRIBED BELOW: (1) The granting of the area variance will not produce an undesirable changre in character of neighborhood or a detriment to Page 2 - Appl. No. i4 (Kourkemoulis) Decision Rendered April 24, 1997 Southold Town Board of Appeals nearby properties because the land area in question is a size of 16' by 36.' (2) The benefit sought by the applicant cannot be achieved by some method, feasible for applicant except for placement in a limited front yard area (which may also require a variance) . (3) The requested area variance is substantial in relation to the code requirement. (4) The proposed variance would . not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because back-wash or drainage of pool water must be channeled towards the south of (south of the -house) and away from the bluff. (5) The situation has not been self-created because the nonconforming setbacks of this house were established when built prior to 1963 in its present location. (6) This action is the minimum that the Board deems necessary and adequate and at the same time preserves and protects the character of the neighborhood, and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Chairman Goehringer, seconded by Member Doyen, it was RESOLVED, to GRANT the relief as applied and SUBJECT TO THE FOLLOWING CONDITIONS: 1. Pool and deck shall not be physically attached-to the dwelling or structural part of the dwelling at any time; 2. New construction (pool and decks) shall remain open to the sky and unroofed; 3. Lighting must be of a ground effect only (no overhead lighting, and lighting must be shielded down towards the pool and the ground). NOTE: It shall be understood that there will be no backwash or drainage of water towards the bluff area at any time whatsoever. VOTE OF THE BOARD: AYES: Members Doyen, Goehringer, Tortora and Ostermann. (Member Dinizio was absent.) This resolution was duly adopted (4-0). ERAR ER,,-�.OHAIRMAN Signed: April 25, 1997 Actions.97/44-1.2 ;APPEALS BOARD MEMBERS �QSUFFQZxCO_~``� Southold Town Hall y� G � Gerard P. Goehringer, Chairman f. 53095 Main Road P.O. Box1179 Serge-Doyen James Dinizio,Jr. ? Southold. New York 11971 ) • `r�ti_ Fax(516) 765-1823 Lydia .RAkltToOo �O! v ;;� Telephone (516)765-1809 Maureen C. Osterman BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS REGULAR yIEETI,IG OF APRILND N24TI0 97 ADOPTED AT Appl. No. 4466 - PETER WALKER. PARCEL 1000-98-1-7.17 STREET & LOCALITY: 375 Pine Tree Court, Cutchogue DATE OF PUBLIC HEARING:. April 10 and April 24, 1997 PROPERTY DESCRIPTION: This property is located in an R-80 Residential Zone District, being situate along Pine Tree Court. This nonconforming lot contains a total area of 79,135 acres. Existing is a two-story masonry house with attached garage as shown on the March 2, 1989 survey map, revised July 24, 1995, furnished by applicant BASIS OF APPEAL: Building Inspector's Action of Disapproval dated March 11, 1997, which reads as follows: under Article III, Section 100-33, "proposed construction must be located in the required rear yard. Also under Article XXIII, Section 100-231A, fencing in the front yard cannot exceed 4' in height and 6-1/2 ft. in height in side and rear yards.ildin ence height Department.has action ot been regtuaddressed by in this application to g Zoning Board of Appeals. . . .". AREA VARIANCE RELIEF REQUESTED BY APPLICANT: . To locate a 60 ft. wide by 120 ft. deep accessory tennis court structure partially in front yard and side yard areas (and the remaining portion in the rear yard) . Setbacks are requested at ten (10) feet from the northerly, closest property line and 100 feet from the westerly property line. ADDITIONAL FINDINGS OR FACTS: Section 100-33B(3) provides a minimum setback of 10 ft. when located on lots containing in excess of 39,999 and less than 79,999 sq. ft. The setbacks proposed meet this requirement. REASONS FOR BOARD ACTION DESCRIBED BELOW: (1) The granting of the area variance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties because the property is a large rectangular- shaped lot, located at the end of a private road. The tennis court is to be located in a large open area that provides ample buffering from adjacent properties. Page 2 - Appl. No. 6 (Walker) Decision Rendered Ay-�A 24, .1997 Southold Town Board .of Appeals (2) The benefit sought by 'the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance because the property is unusually long, 462 feet. along the private road, and there is insufficient area in the required- rear yard to locate the tennis court. (3) The requested area variance is substantial because a portion of the tennis court will be located in the required rear. yard and its location will meet the minimum setback requirement of ten (10) feet from the northeasterly property line, and 100 feet from the westerly property line. (4) The proposed variance will.not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because the proposed location is a large open area which the applicant plans to retain in a natural undisturbed state. (5) The situation has not been self-created because the house is located in the middle of the property. All feasible locations of the tennis court would automatically place it in .an area other than the required rear yard according to the Southold Town Zoning Code. (6) This action is the minimum that the Board deems necessary and adequate and at the same time preserves and protects the character of the neighborhood, and the health, safety, welfare of the community because a portion of the tennis court will be located in the required rear yard and its location will meet the minimum setback requirement of ten (10) feet from the northeasterly property line, and 100 feet from the westerly property line. RESOLUTION/ACTION: On motion by Member Tortora, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the relief as applied and subject to the following conditions: 1. No lighting for after-dark use of the tennis court (ref: code requirement); 2. No appliction was filed by applicant because the height of the proposed tennis-court fence at four feet meets the code regulation. VOTE OF THE BOARD: AYES: Members Doyen, Goehringer, Tortora and Ostermann. (Member Dinizio was absent.) . This resolution was duly adopted (4-0) . GERARD P. GOEHRINGER, CHAIRMAN APPROVED FOR FILING 4/25/97 Actions.97/981-7.17 APPEALS BOARD MEMBERS gUFFO(,� �0�0 Co`y Southold Town Hall Gerard P. Goehringer, Chairman 53095 Main Road Serge Doyen V c 61 , '� P.O. Box 1179 James Dinizio,Jr. ` Southold, New York 11971 VAT rt� Fax (516) 765-1823 Mav(een A.C� �Dsermann Al� 1t �� Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION ADOPTED AT REGULAR MEETING OF APRIL 10, 1997 Appl. No. 4468 - MATTHEW and LAURIE DALY PARCEL 1000-115-14-12 STREET & LOCALITY: 2505 Deep Hole Drive, Mattituck DATE OF PUBLIC HEARING: April 10, 1997 PROPERTY DESCRIPTION: This property is located in an R-40 Zone District, being situate on the northerly side of Deep Hole Drive, Mattituck with 150 ft. road frontage. This lot contains a total area of 22,500 sq. ft. as depicted on the December 15, 1993 map under this application and is improved with a two-story, single-family _. . . dwelling with raised deck, accesory shed and inground swimmingpool (a portion of which was designated side yard after the construction of the new deck at the rear of the dwelling.) BASIS OF APPEAL: Building Inspector's Action of Disapproval dated March 17, 1997, which reads as follows: under Article III, Section 100-33 ". . .In an R-40 Zone accessory buildings and structures or other accessory uses shall be located in the required rear yard. Article III, 100-33, action required by the Zoning Board of Appeals. . . ... AREA VARIANCE RELIEF REQUESTED BY APPLICANT: To replace inground pool with a new inground pool. A portion of this new structure will be situated in the side yard and a large portion will be in a rear yard location. ADDITIONAL FINDINGS OR FACTS FROM BOARD: The setback from the edge of the steps to the pool was confirmed by Mr. Daly at . the hearing to be 11 feet at its closest point to the side line (and a four-ft. ground level patio or walkway area) . The size of the pool is confirmed to be 20 ft. by 40 ft. which replaces a major portion of the existing pool. REASONS FOR BOARD ACTION, DESCRIBED BELOW: (1) The granting of the area variance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties because a swimmingpool has exist in this location since about May 1973 issued under Building Permit 8556Z. tPage 2 - Appl. No 38 (Daly) Decision Rendered April 10, 1997 Southold Town Board of Appeals (2) The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance because the pool has existed for many years. (3) The request is not substantial because less than 50 0 of the actual replacement pool is the subject of the variance. (4) The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because the pool exists in its present location, partially in a side yard, with no disturbance since 1973. (5) The , situation has not been self-created because 40 to 50 percent of the structure (pool) is in the required rear yard and meets code requirements, and replacement is due to deterioration of pool existing since 1973. (6) This variance is the minimum that the Board deems necessary and adequate and at the same time preserves and protects the character of the neighborhood, and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Member Dinizio, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the relief as applied, and provided there be no encroachment of the pool areas into the side, yard (except for fencing) . VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DOYEN, DINIZIO, TORTORA AND OSTERMANN. This resolution was unanimously adopted. (5-0) . Actions.97/115-14.12 Plo ge 6 - Minutes Southold Town Board of Appeals Regular Meeting of April 24, 1997 There being no other business properly coming before the Board at this time, the Chairman declared the meeting adjourned at 10:20 p.m. Respectfully submitted, inda Kowalski Board Secretary Resol ion Adopted 6/ s-797 'Gerard P. Goehringer, Chairman ****************************** minutes/97/min4-24 -�JSTL) FILED BY __LLD TOW14 CLERK G J G j q� DOUR (�: `�S '000 + Town Clerk, Town of Southold