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HomeMy WebLinkAboutZBA-01/14/1988 s Southold Town Board of Appeals • MAIN ROAD - STATE ROAD 25 SOUTHOLD, 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 M I M U T E S JAMES DINIZIO, JR. REGULAR MEETING JANUARY 14 , 1988 A Regular Meeting of the Southold Town Board of Appeals was held on THURSDAY, JANUARY 14, 1988 at the Southold Town Hall, Main Road, Southold, New York 11971. Present were: Gerard P. Goehringer, Chairman; Charles Grigonis, Jr. and Joseph H. .Sawicki. (Absent were: Member Douglass due to serious illness., and Member Doyen of Fishers Island due to poor weather. conditions. ) Also present were: Linda Kowalski, Principal. Building Inspector Victor Lessard, and approximately 15 persons in the audience. The Chairman opened the meeting at 7:30 p.m. and proceeded with the public hearings on tonight' s agenda: Appl. No. 3705 - Arthur V. Junge Appl. No. 3697 - William and Paul Tuite Appl. No. 3676 - Anthony Robustelli Appl. No. 3681 - Anthony and Angela Leone Appl. No. 3706 - Manfred E. Kuerner Appl. No. 3652 - Guido and Anna Ciacia Appl. No. 3704 - James Meskouris Appl. No. 3698 - Thomas Zimmerman Appl. No. 3688 - Anthony and Sally Pierrera. Following the hearings, the board took the following actions. Southold Town` Board . of Appeals -2- January 14 , 1988 Regular Meeting DELIBERATIONS/DECISION : Appl . No . 3671 : Application of ANDRE AND THOMAS CYBULSKI . Variance to the Zoning Ordinance , Article III , Section 100-30A for permission to utilize . premises for book-publishing operations , wholesale book storage , and updated 280-A approval over existing private right-of-way for such use . Zone District : "A" Residentiall andAgricultural . Location of Property : West Side Depot Lane , Cutchogue , NY ; District 1000 , Section 96 , Block 5 , Lot 1 . 2 and part of 1 . 1 . The Board deliberated and took the following action : WHEREAS , public hearings were held on November 10 , 1987 and December 10 , 1987 in the Matter of the Application of ANDRE AND THOMAS CYBULSKI under Appl . No . 3671 ; 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 premises in question is a 5 . 4867-acre parcel of land located off the west end of a paper right-of-way extending 187 . 0 feet off the west side of Depot Lane , Cutchogue , and more parti - cularly known and identified on the Suffolk County Tax Maps as District 1000 , Section 96 , Block 5 , Lot 1 . 2 . 2 . The subject premises is located in the "A-80 " Residential and Agricultural Zoning District and is improved with four storage buildings with sizes and setbacks as shown on the March 11 , 1987 Survey Map prepared . for the applicants by Young & Young Surveyors . 3. By this application , the appellants request Variances : (a ) for permission to establish a book-publishing operation and wholesale book storage in the most northeasterly frame barn Southold Town Board of Appeals -3- January 14 , 1988 Regular Meeting (Appl . No . 3671 - CYBULSKI decision , continued : ) structure using a total floor area of 2641 sq . ft. for printing , finishing , office and .uses incidental and customary to the book- publishing operation , and the remaining 3683± sq . ft. of floor area for wholesale book storage; and (b ) for approval of access under New York Town Law , Section 280-A for the uses requested over a 15 .0 ft. wide by 187 .0 ft. right-of-way. 4. For the record , it is noted : (a ) that the subject barn is of wood-frame construction ; (b ) the second barn is also of wood-frame construction and contains a total area of 3717± sq . ft . ; (c ) the third barn is of corrugated metal construction and contains a total area of 3614± sq . ft . ; (d ) the subject premises has up until • 1987 been used as a conforming commercial agricultural use ; (e ) by prior Appeal No . 1783 and Planning Board action during September 1980 , the subject premises was separated from an . 692±-acre parcel [adjoining this parcel and referred to as Tax Map Lot. No . 1 . 1 ] . 5 . It- is also noted for the record access to the subject buildings has for many years been over , and through the adjoining Cybulski lot (Lot No . 1 . 1 ) and not physically over the requested right-of-way to the north of the adjoining house (Lot No . 1 . 1 ) . 6 . Properties to the north (along the Long Island Railroad ) are zoned "C-Light Industrial " ; along the east side of this property at the north end "B-Light Business " a length of approxi - mately 265 feet ; directly opposite Depot Lane both "B-Light Business " and "A" Residential /Agricultural ; along the west and south sides , "A" Residential /Agricultural . 7 . Although testimony was given as to the value of the land and buildings by a local licensed real -estate broker and appraiser , additional evidence is necessary to evaluation the return of the property under the existing zoning. 8 . It is the personal knowledge of this Board that the current owners have discontinued their commercial a.gricultural uses of the premises for economic reasons during 1987 and the "agricultural tax-exempt" status has been removed from the Southold Town Board of Appeals -4- January 14 , 1988 Regular Meeting (Appl . No . 3671 - CYBULSKI decision , continued : ) town ' s assessment rolls . 9. It is the position of this Board that although the land in question is ideally suited for wholesale storage such . as that applied herein , except however , that it is not within the best interests of the neighboring residences (and future. residences ) to conduct the publishing and printing uses in the structure as applied , particularly due to the nonconforming setback at five feet from the easterly property line (at its closest point ) and noise . The principal building under the "C-Light Industrial " regulations (100-80B[6] ) and Bulk Schedule. is required to be set back 50 feet in the front yard , 30 ft . minimum sideyard , 60 ft . total sideyards , and 50, ft. rear yard. Consideration of the most westerly wood-frame building could be' considered alternatively . 10 . In considering the request for approval of access , it is questionnable as to whether or not trailers and large trucks will be able to obtain access over the 15-foot width of the proposed right-of-way without disturbance to the neighboring properties . Accordingly , the Board also finds : (1 ) that it may not grant the variances sought by the applicants until alternatives are considered which would have less impact upon the neighboring residential community and afford the minimum relief necessary ; (2 ) the circumstances of this property are unique; (3 ) it is presumed that the premises obtained a reasonable return for the commercial agricultural use and has not been used for residential purposes . On motion by Mr. Goehringer , seconded by Mr . Grigonis , it was RESOLVED , that the relief requested under Appl . No . 3671 , in the Matter of the Application of ANDRE AND THOMAS CYBULSKI BE AND HEREBY 'IS 'DENIED WI"THOUT PREJUDICE. Vote of the Board : Ayes : Messrs . Goehringer , Grigonis and Sawicki . (Members Doyen and Douglass were absent . ) This resolution was duly adopted . Southold Town Boar.d of Appeals -5- January 14, 1988 Regular Meeting CALENDARING OF HEARINGS FOR FEBRUARY 18 , 1990 : . .: On motion by Mr . Sawicki , seconded �by Mr. . Goehringer , it was RESOLVED , to calendar the following matters for public hearings to be held. by the Southold Town Board of Appeals for Thursday , February 18 , 1988 to be held at the Southold Town Hall : 7 : 30 p .m. Appl . No . 3702 - Olga Cordes 7 : 35 p .m . Appl . No . ' 3709 - Edward and Ortrud Hanus 7 : 40 .p .m. Appl . No . 3699 - Edward and Barbara Betsch 7 : 45 p .m, App1 . No . '3607 James O ' Neill and Peter McSherry 7 : 5 5 p.m-. Ap_pI*. No . 3633 - Tartan. Oi 1 _Corp . (Speci al Exc . ) 7 : 55 P .M. Appl . No . 3636 - Tartain Oil Corp . (Variances ) 8 : 05 p .m . Appl . No . 3701 .- Charles Zahra Vote of the Board : Ayes : All . (Members Doyen and Douglass were absent due to illnesses . ) UPDATE : Appl . of CL.IFFSIDE ASSOCIATES (TIDE MARK) . On motion by Mr. Go.e.hringer , s,econded by Mr. - Sawicki , it was RESOLVED , to continue reviews. under SEQRA, as received January 13 , 1988 , before scheduling or advertising this matter for a public hearing . (P. B. is lead agency - SEQRA hearing 1/25/88 ) . Vote of the Board : Ayes : _ All . UPDATE: Appl . of Howard Zehner. The Board indicated that they would like to obtain a legal opinion from the Town Attorney before proceeding or determining ,.jurisdiction since this was a request not normally before this Board in the past. ENVIRONMENTAL DECLARATLONS : On motion by Mr . Goehringer ; seconded by Mr. Sawi.cki ', 'it was RESOLVED , to declare the fo.11owi.ng Environmental Declarations pursuant to- the New York State Env_-ironme.ntal Quality Review Act _(SEQRA) , as follows :_ Southold Town Board of Appeals _6_ Jan. 14 , 1988 Regular Meeting (Environmental Declarations, Continued: ) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3705 SE PROJECT NAME: A'RTHTJR V.' JUNGE --- This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the -N,.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse-effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [ ] Type II kg] Unlisted [ ] DESCRIPTION OF ACTION: Electrical shop use and construction of two buildings LOCATION OF PROJECT: Town of Southold; County of, Suffolk, more particularly known as: C.R. 48 , C.utchogue., NY 1000-96-1-19 REASON (S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to .occur should this project be imple- mented as planned; . (2) The property in question is not located'within 300 feet of tidal wetlands or other critical environmental area. .. (3) This is an application concerning use of premises and is not directly related to new construction. Southold Town Board of Appeals -7- Jan. 14, .1988 Regular Meeting (Environmental Declarations, Continued: ) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3697 PROJECT NAME: ' WIL'LIAM' 'AND 'P'AU'L'A 'TU'I'T'E This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the -N.Y.S. Environmental Quality Review Act -of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse-effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: JX] Type II [ ] Unlisted . [ ] DESCRIPTION OF ACTION: permission to reconstruct and extend porch within 75 feet of existing bulkhead LOCATION OF PROJECT: Town of Southold; County of, Suffolk, more particularly known as: Midway Road, Southold, NY 1000-90-2-6 REASON (S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) Separating the project in question from-the waterfront or tidal area is other construction and/or a bulkhead in good condition. Southold Town Board of Appeals _g_ Jan. 14, 1988 Regular Meeting (Environmental Declarations, Continued: ) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3676 PROJECT NAME: AN'THO'NY 'RO'B'U'S'TE'L'L'I' ^ This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the -N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that. this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar - project. TYPE OF ACTION: tX) Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Proposed deck requiringq variances for: (a) insufficient reazXard setback, (b) insufficient sdeyard, (c) insufficient setback from bulkhead LOCATION OF PROJECT: Town of .Southold; County of, Suffolk, more particularly known as: 5 Haywaters Road,-- Cutchogue, NY 1000-111-1-18 & 19 REASON (S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) Separating the project in question. from--the waterfront or tidal area is other construction and/or a bulkhead in good condition. . (3) Information has been submitted by applicant or his agent indicating that the project will not involve the disturbance of wetland grasses or areas subject to flooding which may be considered wetlands. Southold Town Board of Appeals -9- Jan. 14 , 1988 Regular Meeting (Environmental Declarations, Continued: ) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3 6 81:. ...... PROJECT NAME: ANTHONY AND' AN'G'ELA 'L'E'ONE ^ This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the -N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines . the within project not to have a signifi- cant adverse effect- on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination -made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [X Type II [ ] Unlisted [ ]. DESCRIPTION OF ACTION: AVproval' of insufficient area and width of two parcels in this pending division of land and establishing insufficient sideyard. setback of existing dwelling and accesspry building on vacant lot. LOCATION OF PROJECT: Town of Southold; County of, Suffolk, more particularly known as: Deep Hole. Drive, Mattituck, NY 1000-115-13-12 . 1 REASON (S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The relief requested is not directly related to new construction. C3) znormation has been submitted by applicant or his agent in- dicating that the project will not involve the disturbance of wetland grasses or areas subject to flooding which may be considered wetlands. Southold Town Board of Appeals _lp_ Jan. 14 , 1988 Regular Meeting (Environmental Declarations, Continued: ) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : , 3706. PROJECT NAME: MANF.RE'D' 'E'.' 'KU'ERN'ER This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the -N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- _ cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: AXE Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Construct additions to dwelling with a reduced southerly Sideya,rd setback; insufficient total sideyards, excessive lot coverage and insufficient setback. from bulkhead LOCATION OF PROJECT: Town of Southold; County of, Suffolk, more particularly known as: Carole Road, . Southol-d., NY ' 1000-52-2-3 REASON (S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; :. (2) Separating the project in question from*the waterfront or tidal area is other construction and/or a bulkhead in good condition. Southold Town Board of Appeals -11- Jan. 14, 1988 Regular Meeting (Environmental Declarations, Continued: ) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3652 PROJECT NAME: GU1D'0' 'AND' ANNA 'C'I'AC'I'A This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the -N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the with in .project not to have a signifi- _ cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination -made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: fig] Type II [ ] Unlisted . [ ]. DESCRIPTION OF ACTION: Approval of insufficient area, width axed depth of two parcels in this pending division of land LOCATION OF PROJECT: Town of Southold; County of, Suffolk, more particularly known as:1000-53-2-20 Kerwin Blvd. and -Main Road-, Greenport,. NY - REASON (S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; , (2) The relief requested is not directly related to new con- struction as regulated by Section 617. 13 for a lot-'line or area variance. Southold Town Board of Appeals -12 Jan. 14, 1988 Regular Meeting (Environmental Declarations, Continued: ) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3704 PROJECT NAME: 'JAM'E'S' MESKOUR'IS This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the -N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse-effect on the environment for the reasons indicated below. Please take further notice .that this declaration should not be considered a determination made for any other department or agency which may also have an ,application pending for the same or similar project. . TYPE OF ACTION: JX] Type II [ ] Unlisted . [ ] DESCRIPTION OF ACTION: Proposed- open decks attached to existing dwelling requiring Variances as to: (a) excessive lot coverage, (b) . insufficient setback from bulkhead LOCATION OF PROJECT: Town of Southold; County of, Suffolk, more particularly known as: 1400 Sound Beach Drive', Mattituck, .NY " 1000-106-1-35 REASON (S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; . (2) Separating the project in question from the waterfront or tidal area is other construction and/or a bulkhead in good condition. (3) The relief requested is a setback variance as regulated by Section 617. 13, 6 NYCRR, Seqra Southold Town Board of Appeals -13 Jan. 14, 1988 Regular Meeting (Environmental Declarations, Continued: ) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3698 PROJECT NAME: THO'MA'S 'Z IMMERMAN -- This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the .-N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [ j Type II VX] Unlisted [ ] DESCRIPTION OF ACTION: Approval --of deck and to -rebuild/repair existing . nonconforming structure which exceeds 50% of fair value of same and• which exceeds limitations. 'of Prior Z .B.A. Appl. No. 3590 rendered March 5, 1987 LOCATION OF PROJECT: Town of .Southold; County of, Suffolk, more particularly known as: 265 Rochelle Place, Mattituck, NY . 1000-144-4-9 and 8 REASON (S) SUPPORTING THIS DETERMINATION: (1) An Environmental' Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) Construction pxopred is landward of existing structures. Southold Town, Board of Appeals -14_ Jan. 14, 1988 Regular Meeting (Environmental Declarations, Continued: ) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance 4 APPEAL NO. : 3 6 8 8 .. ... ...... ..... PROJECT NAME: ANTHONY 'AND' 'SALLY 'P'I'RR'ERA This notice is issued pursuant to Part 617 of the implementing regulations pertaining. to Article 8 of the -N.Y.S.- Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project. not to have a signifi- cant adverse_effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar - . project. TYPE OF ACTION: kyj Type II [ ] Unlisted - DESCRIPTION OF ACTION: Insufficient lot width (frontage) of two parcels in this pending division .of .land LOCATION OF PROJECT: Town of Southold; County of, Suffolk, more particularly known as: C.R. 48, Greenport, -NY 1000-40-1-20 REASON (S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to ocdur should this project be imple- mented as planned; . (2) Th;;,s �s a lo_t-line variance as regulated by Section 617. 13, 6 NYCRR. Vote of the. Board : Ayes : All . This resolution was duly adopted. Southold Town Board of Appeals -15- January 14 , 1988 Regular Meeting DELIBERATIONS/DECISION : Appl . No . 3691 : Application of HOSNY SELIM for a Variance to the Zoning Ordi - nance , Article III , Section 100-32 and Article XI , Section 100-119. 2 for permission to locate inground swimmingpool with decks and fence enclosure landward of existing dwelling in the front yard and within 100 feet of the Long Island Sound , at. premises known as 855 Sound Avenue , Mattituck , NY ; County Tax Map District 1000 , Section 94 , Block 01 , Lot 07 . The Board deliberated and took the following action : WHEREAS , a public hearing was held and concluded on Decem- ber 10 , 1987 in the Matter of the Application of HOSNY SELIM under Appl . No . 3681 ; and WHEREAS , at said hearing all those who desired to be heard were heard and their testimony recorded ; and 6 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 premises in question is a described parcel of land containing a total area of approximately 40 ,000 sq . ft. with 100 . 55 ft . frontage along the north side of Sound View Avenue at Mattituck , and more particularly known and identified on the Suffolk County Tax Maps as District 1000 , Section 94 , Block 1 , Lot 7 . 2 . The subject premises is located in the "A-40 " Residential and Agricultural Zoning District and is improved with a single- family dwell.ing with setbacks as shown by the October 1 , 1983 survey map prepared by Donack Associates (at 55 feet from the existing bulkhead at its closest point) . 3 . By this application , the appellant requests a. Variance ,from the Provisions of : (a ) Article XI , Section 100- 119 . 2 and (b ) Article III , Section 100-32 .for permission to locate inground Southold Town Board of Appeals -16- January 14 , 1988 Regular Meeting (Appl . No . 3691 - SELIM decision , continued : ) swimmingpool with decks and fence enclosure in the frontyard area at more than 100 feet from the front property line along Sound View Avenue . 4 . Article XI , Section 100-119 . 2 , subparagraph A[l ] requires all buildings proposed on lots adjacent to the Long Island Sound to be set back not less than one-hundred (100 ) feet from the ordinary highwater mark and not less than one-hundred (100 ) feet from the top of the bluff, or bank. 5 . Article III , Section 100-32 of the Zoning Code requires accessory structures to be located in the rearyard area . For the record , it is noted that Article III , Section 100-31 of the . Zoning Code permits additions or attachments to a principal dwelling in the frontyard area provided that the frontyard setback is not less than 50 feet (Column A-40 ) . 6 . For the record it is also noted that a Building Permit under Appl . No . 15783Z issued March 21 , 1987 is pending at this time . 7 . On-site inspections find as follows : (a ) the existing construction is set back 21 ± feet from the top of bluff and 55± feet from the highwater mark along the Long Island Sound ; (b ) the area of the proposed pool construction is in a depression (low area ) of the lot . Along the east side of the depression , the land gently rises and then lowers into a drainageway sloping onto the adjoining easterly lot . 8 . In considering this appeal , . the Board also finds and determines that the placement of the inground pool , either as an accessory structure or as an addition to the existing dwelling : (a ) is not unreasonable and will not create a substantial change in the character of the area ; (b) the circumstances are unique ; (c ) the construction as proposed is landward of existing building[s] and would not be detri - mental to the bluff or L . I . Sound areas ; (d ) there is no other method feasible for appellants to pursue other than a variance ; (e ) the practical difficulties claimed are suffi - cient to warrant the relief , as alternatively granted below ; Southold Town Boa.rd of Appeals - 17- January 14 , 1988 Regular Meeting (Appl . No . 3691 - SELIM decision , continued : ) (f) in view of all the above factors , the interests of justice will be served by granting an alternative location , in the frontyard area , as noted below . Accordingly , on motion by Mr . Goehringer , seconded by Mr. Sawicki , it was RESOLVED , to DENY the location as requested of the inground pool with decks and fence enclosure , and it was further RESOLVED , to GRANT the construction of a 20 ' by 40 ' inground pool with decks and fence enclosure in the. Matter of the Application of HOSNY SELIM under Appl . No . 3691 , in , the frontyard area , PROVIDED THE POOL : 1 . Be situated in a north-south direction , rather than the requested east-west direction ; 2 . Be located closer to the easterly side property line with a setback at not less than 15 feet from the east line and not , less than 36 feet from the westerly side property line ; 5 . That the actual pool construction be not closer than 36 feet to the west property line ; the actual deck and fence construction be not closer than 30 feet to the westerly property line ; 4 . That the proposed construction remain unroofed (as proposed ) ; 5 . Sufficient evergreen screening be placed and maintained on both sides of the proposed construction (with minimum three-ft . high evergreens ) six foot apart , for the full distance ; 6 . That there be no overhead or adverse lighting in the yard areas ; 7.: That house lighting , if any , be shielded to the property . 8 . Proper measures to be taken to insure that final eleva- tions and grades will not result in storm-water surface runoff flowing onto adjoining property or off-site . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , and Sawicki . (Members Doyen and Douglass were absent due to illnesses . ) This resolution was duly adopted . Southold Town Board of Appeals -18 January 14 , 1988 Regular Meeting There being no other business properly coming before the Board at this time , the Chairman declared the meeting adjourned . (See transcripts of tonight ' s hearings prepared under separate cover by Nadia Moore and attached to these Minutes for reference . ) Respectf.,ul'ly.' sub.mi.tted , C� IL dVJ Linda. F. Kowal.ski ,. Board Secretary Approved - Gerard"P. Goehp nger Chairman /