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Southold Town Board of Appeals
MAIN ROAD- -~TATE I~I-iAD :~5 SOUTHE}LD, L.I., N.Y. 11971
TELEPHONE (516) 765 1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
JOSEPH H. SAWICKI
JAMES DINIZIO, JR.
ACTION OF THE BOARD OF APPEALS
Appeal No. 3800:
Application of VICTOR AND LIN-DA CATALANO FOR A Variance to
the Zoning Ordinance, Article III, Section 100-32 for permission
to locate swimmingpool, accessory to the existing residence, in
an area other than the required rearyard. Location of
Property: West Side of Private Right-of-way extending off the
South Side of Great Peconic Bay Boulevard, Laurel, NY; County
Tax Map District 1000, Section 128, Block 6, Lot 13.2.
WHEREAS, a public hearing was held and concluded on
December 8, 1988 in the Matter of the Application of VICTOR AND
LINDA CATALANO under Appeal No. 3800; and
WHEREAS, at said hearing all those who desired to be heard
were heard and their testimony recorded; and
W/~EREAS, 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 premises in question is located along the westerly
side of a private right-of-way, which extends off the south side
of Peconic Bay Boulevard 171.77 feet, in the Hamlet of Laurel,
Town of Southold, and is identified on the Suffolk County Tax
Maps as District 1000, Section 128, Block 6, Lot 13.2.
2. The subject premises is identified on the Subdivision
Map filed under Appeals No. 2692 rendered May 28, 1980, and
under Appeal No. 1914 rendered June 13, 1974, grandfathered by
the Planning Board September 23, 1980 {Section 106-53}, as Lot
No. 2, containing a total area of 15,075 sq. ft.
Page 2 - Appl. No. 3800 .
Matter of VICTOR AND ADELINDA CATALANO
Decision Rendered December 16, 1988
3. The subject premises is improved with a single-family,
one-story frame and stucco house set back approximately five
inches from the westerly property line, approximately 29 feet
from the southerly property line, 105+- feet from the northerly
property line, and 37+- feet from the front easterly property
line.
4. By this application, appellants request a variance from
Article III, Section 100-32 for permission to locate a new pool
accessory swi~ingpool with fence enclosure as more particularly
depicted on the site plan map prepared by Craig Coronato,
Landscape Architect, dated August 30, 1988. The pool is
proposed of a size 20 ft. by 40 ft. and is shown to be set back
a minimum of 35 feet from the easterly front property line,
generally centered between the westerly and easterly property
lines, hugging the most northerly yard area.
5. Article III, Section 100-32 of the Zoning Code provides
that accessory buildings and uses be located in the required
rear yard area.
6. Due to the location of the preexisting principal
dwelling structure and the location of the private right-of-way
to the lot, the premises has technically no rear yard area.
7. For the record, it is noted that the premises was the
subject of prior applications rendered: (a) under Appeal No.
1914 on June 13, 1974, and (b) under Appeal No. 2692 on May 28,
1980.
8. In considering this application, the Board also finds
and determines:
(a) there is no other alternative available for
appellants to pursue other than a variance;
(b) the variance requested is uniquely related to the
property and will not alter the essential character of the
neighborhood;
(c) the variance requested is the minimal necessary
to afford relief;
(d) the variance will not in turn be adverse to the
safety, health, welfare, comfort, convenience or order of the
town, or be adverse to neighboring properties;
(e) in view of all of the above factors, the
Page 3 - Appl. No. 3800 ·
Matter of VICTOR AND ADELINDA CATALANO
Decision Rendered December 16, 1988
interests of justice will be served by granting the relief, as
requested and conditionally noted below.
Accordingly, on motion by Mr. Sawicki, seconded by
Mr. Dinizio, it was
RESOLVED, to GRANT a Variance to locate new accessory
swimingpool with fence enclosure partly in the front and side
yard areas, in the Matter of Appeal No. 3800 for VICTOR AND
LINDA CATALANO, provided that the pool, deck and patio areas
remain unroofed, as applied.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Sawicki, and Dinizio. (Absent was: Member Serge Doyen, due to
serious family illness.) This resolution was duly adopted.
Town Cle~i~ "own ot $out?ld _
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GERARD P. GOEHRINGER, ~IRMAN