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HomeMy WebLinkAbout3538 Southold Town Board o£Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11c)'71 TELEPHONE {516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3538 Application Dated July 24, 1986 TO: Mr. Jeffrey Betanc0urt 417 West 2]st Street New York, NY 10011 Swim King Pools, Inc. At a Meeting of the Zoning Board of Appeals held on November 3, the above appeal was considered, and the action indicated below wa on your [ ] Request for Variance Due to Lack of Access to New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Article , Section [×] Request for Variance to the Zoning Ordinance Article XI, Section ]00-]19.2(A)[]] [ ] Request for Application of J£FFREY BETTANCOURT for a Variance to the Zoning Ordinance, Article X!, Section 100-119.2(A)_ for permission to construct inground swimmingpool with fence en¢].osure and gazebo within lO0 feet of top of bluff or bank along Long Island Sound, at premises known as 2410 Grandview Drive, Orient, NY; Grandview Estates Subdivision Lot No. 5, Map No. 7083; County Tax Map Parcel No. 1000-14-02-3.9. WHEREAS, public hearings were held on September llth, 1986 and on October 22, 1986, in the Matter of the Application of JEFFREY BET?ANCOURT under Appeal No. 3538; and WHEREAS, at said hearing all those who desired were heard and their testimony recorded; and WHEREAS, the board has carefully considered all documentation submitted concerning this application; to be heard testimony and 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. By this application, appellant requests a Variance from the provisions of Article XI, Section lO0-119.2, subsection A(1) for permission to locate an inground swimmingpool with deck areas and gazebo with an insufficient setback at its closest point from the top of bluff along the Long Island Sound at 5-10 feet, and from the westerly side property line at 10 feet. The pool area is proposed to be enclosed with a four-foot chainlink fence, and the Site Plan prepared May 16, 1986 by Contract Interiors Group shows the proposed construction to be attached to the existing deck areas of the dwelling structure. 2. The premises in question is located along the north side of Grand View Drive, Orient, and is known as Lot #5, "Map of Grandview Estates", County Tax Map District 1000, Section 14, Block 2, Lot 3.9. 3. The subject premises (CONTINUED ON PAGE TWO) DATED: November 3, 1986. Form ZB4 (rev. 12/81) CHAIRMAN, SOUT~OLD TOW~ONING BOARD OF APPEALS Page 2 - Appeal No. 3538 Decision Rendered November 3, 1986 Matter of JEFFREY BETTANCOURT acres, and is improved with a two-~tory single-famil~ dwelling structure set back 117± feet from the front property line along Grand View Drive and 105± feet from the top of bluff along the Long Island Sound area. 4. By report dated August 19, 1986, the Suffolk County Soil and Water Conservation District has assessed this project as applied indicating some of the following factors: (a) the soil shows lack of drainage and appears to be very slowly permeable to water; (b) the bluff area is low, stable, and well-vegetated; (c) the backyard area slopes toward the bluff. It is also noted that additional weight close to the bluff top could cause a large slide. 5. It is noted for the record that a waiver has been issued by the N.Y.S. Department of Environmental Conservation for this project due to its elevation above mean sea level. 6. Article XI, Section lO0-119.2(A)[1] requires all buildings proposed on lots adjacent to Long Island Sound to be set hack not less than one-hundred (100) feet from the top of bluff or bank. The amount of relief requested in relation to the zoning requirements is substantial, being a variance of 65-70± feet, or 90%. 7. It is the opinion of the board members that: (a) the variance as applied is not the minimal necessary; (b) any draining of the pool or discharge not be piped over the face of the bluff under any circumstances; (c)~the present vegetated areas along the north side of the dwelling near the bluff shall be properly protected. In considering this appeal, the board also finds and determines that in granting reduction in the relief as an alternative: (a) the project will not be inconsistent with those generally existing in the neighborhood; (b) the relief will be the minimal necessary under the circumstances; (c) the circumstances of the property are unique; (d) there will be no substantial change in the character of the area; (e) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience or other of the town; (f) in view of all the above factors, the interests of justice will be served. Accordingly, on motion by Mr. Douglass, seconded Mr. Grigonis it was RESOLVED, that the following relief be and hereb~v GRANTED in the Matter of the Application of JEFFREY BET~A~L '! ~nder Appeal No. 3538 in the proposed constructioln of a-----~- inground swimmingpool w~th deck area/gazebo: 1. Construction of deck and gazebo shall not b~ closer than 45 feet from top of bluff; 2. Construction of pool shall not be closer th~n~% 50 feet from top of bluff; 3. All pool, deck and gazebo construction shall be a m~nlmum of lO feet from the westerly s~de propertyr,~) . 4. There shall be no disturbance of vegetatio~ within 45 feet of bluff area; ~-----~ 5. There shall be no dumping of fill over bluff area; 6. Deck, pool and gazebo construction shall nit be physically attached to the dwelling structure in any manner. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent.) This resolution was duls adopted. Page 20AfrJa~ Suffolk Times/August 2S~ 3 986 ~, Legal Notices NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Low and the Code of the Town ofSouthold, the follow- ing public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, Main Road, Southold, NY at a Regular Meet- ing commencing at 7:30 p.m. on THURSDAY, SEPTEMBER 11, 1986, and as follows: 7:35 p.m. Appeal No. 3540 -- MARK AND LORRAINE LaROSA. Variance to the Zon- ing Ordinance, Article XI, See- tion 100~119.2(B1 for permission ' to construct deck addition at rettr of existing dwelling within 75 feet of ordinary highwator mark along "Horton Creek," lo- eat~l along the north side of AIIx~ Drive, Laurel, NY; County Tax Map Parcel No. 1000-126-2- 12. 7:40 p.m. Appeal No. 3541 -: RIAL REALTY CORP. Vari- ances to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insuffi~ cient lot width of three propesed parcels in this pending raino~ subdivision lo~ated at the north- erly end of proposod right-of-way extending from the north side of Oregon Road, Mattituck. NY;. County Tax Map Parcel 1000-95-1-3. Containing 47.0520 7:50 p.m. Appeal No. ~533 - highwater mark along Orient Harbor. WILLIAM _ AND KATHERINE HEINS. (Reces: sad from August 14, 1986). In- sufficient area, width and depth ' of two proposed parcels. North Side Main Road. Orient, NY; 1000-19-2-5 and 6. 8:00 p.m. Appeal No. 3544 -- JAMES F. WARWICK. Vari- -ance to lift; Condition of prior Z.B.A. Appeal No. 1729 re- ndered March 8, 1973 to allow new construction of a single- family dwelling at premises 1o- cated along the south side of Fasbender Avenue, Peconic, NY; Bailey Park Map filed Sep- tember 26, 1932, Subdivision Lot # 11; County Tax Map Parcel No. 1000-67-6-7. 8:10 p.m. Appeal No. 3534 -- ROBERT WADDINGTO~q. Variance to the Zoning Ordi~ nance, Article III, Section 100- 31, Bulk Schedule, for permis- sion to construct addition to existing building with insuffi- cient 'side and rear yard set- backs, at 13175 Main Road, Mat- tituck, NY; County Tax M, ap Parcel No. 1000-146-03-~. B- I. General Business Zo0~ng Dis~ 8:20 p.m. Appeal No. 3550--- JOSEPH AND LINDA SCHOENSTEIN. Variances t~ the Zoning Ordinance, Articles: (a) VI, ~etion 100~60 for per- mission to expend nonconform- ing use of welding business in this "B-Light Business" Zbmng; District; (b) XI, Section I00- 110.21B) for permissi~n~to~o~. struct ne~ huil~ag e~l exlmnd use within 7$.feet from wetlands the south side of Main Road, Parcels NO. 1000-5,%2-12, 13 and 8:35 p.m. Appeal No. 3538 -\ JEFFREY BE~rANCOURT.) \ for permission to con- ~ STATE OF NEW YORK ) struct inground swimmingpool \ ) with fence enclosure and gazebo J ' within 100 feet of top of bluff or / COUN'~g OF SUFFOL~ bank along Long Island ~ound, L at premises known as 2410 l ~;aann~;~eewW ~jt~[;s%rui~[$isNiY: \· Katherine Bondarchuk of Oreenport, in Map No. 7083; Coun~ ! said County, being duly sworn, says that he/she is Lot #5, · I~ Map Parcel NO. 1000-14-02~' Principal Clark Of THE SUFFOLK TIMES, a Weekly 8:40 p.m. Appeal No. 3513'% Newspaper, published at Greenport, in tho Town STEPHEN SHILOWITZ. (Re-, cessed from August 14, 1986L of Southold, County of Suffolk end State of Now Condominium construction York, and that the Notice of which the annexed is within 75 feet of bulkhead and tidal water. West Side of 6tI~ a printed copy, has been regularly published in Street, Greenport, NY; 100OM9: said Newspaper once each wsek for t 01-25.1. The Board of Appeals wilt weeks successively, commencing on tho 2 8 hear at said time and place al~ day o~ All persons or representative~ desir, lng to be heard in each of tbs above hearings. Written cor~ ment~ may also be submitted ' · prior to 'the conclusion of th~ ./~ subject hearing. For more infor- mation, plead, call 765-1809. PrinCipal Clerk Dated: August 22, 1986. ~ - ,5 . BY ORDER ....... OF THE SOUTHOLD Sworn to b~re me this TOWN BOARD day of OF APPEALS _ GERARD P. GOEHRINGER, , ~,i0ThR¥ PBBLIC~ State et New Y0~ Linde Kowalski," / ' ITA26-5333 NOTICE OF HEARINGS NOTICE IS ItEREBY GIVEN, pursuant to Section 267 tidal we~s and highwater the East Side of Oak Street, 8:05 p m Appeal No. 3550 JOSEPH AND LINDA SCtlOENSTEIN. Variances to ing use of welding busines~ in · TATE OF NEW YORK ) ! SS: COUNTY OF SUFFOLK ) Carol Scarlata of GroonporLin said County, being duly sworn, says that ha/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Greenport, in the Town of Southold, County of Suffolk and State of New York, end that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for one weeks successively, commencing on the ] 6 dayof Oct. 19 86 /, Princ~R~l Clerk Sworn to bef me t~is / ~ day of ~_~Z./,?~' ~ MARY K. I)EGNAN ? ; .;: : Z///?~ NOTARY PUBLIC, State of New York NOTICE OF HEARINGS ~ll~tCE la~ RI!RElY OIV- Eri l' uant iV or the Town L~ and-the~J~'e'~ the ~ of Southold, the ~do~/in~ l~ablic heafih~s'~l' b~' held by the. SOUTHOLD · ov~ BoA~o I~ APPEALS at the ~io~.~bl~Town; Hall, Rehnllak Me~in~ ~0mmencing at 7:30 p,m, 0n ~EDNESDAY, OCTOBE~ 22,{1:~86 ;and as follows: ~ ii.. + -. { Reconvene Hearifl$ JEFFREy! ~ BETTANCOURT. TED DOWD. Variances to the Zoning Ordinance, Article iii, S~ctio~ 100,31, and Xl, S~tion 100-119.2 for permission to locate n~w singl~family dwell- ins:. iai with afiinsufficient ffon- tyard setback, (b) with an insuf- ficient sideyani setback, (c) with an insufficient rearyard setback, (d) with total lot coverage in cess of maMmum~permitted 20°70, (e) with insuffie, iellt set- back from fida~ w~landa.'~a- tion of Pto~ ;1~50 ~labbit Lane, East M~6~.County Map Parcel~o. 1000:31-18r8, 7:45 p~'. '~4.ppe~l No. JOHN SENKO {by G. Strand). ?:50 p.m:'Apl~lmFNIb .356?- THOMAS NVICKHAM. Variance to.the Zoning Or-' dinanee, A~ticle Xl, Section I00-119.2 roi' permission\to con- struct' ~a'ddition 'th dwelling cho~ue, N~; Map .No. , Ar- struct open deck additions with: lot coverage il/c~eas of maK/mum permit~di20~f l~t ~ ,.~ (b) ~ ~Uffl~t set~ ' ' t~'~st Si~ of O~k' S~, Cutc~osu~ ~; C, (a) Vi .~n 1~ ~ ~r- ~ion-mo~ n9 ~o~ ing use o( ~'b~in~s in th~ "B-Li~ B~in~'~ ~ng District; (b) XI, Section I~Hg.2(B) for ~isMo~ to 'co~tm~ n~ buil~ ~d ~- pand non~nfor~ing weldi~ business u~ Wit~n- ~5 f~ of wetlands area. at premises located along the south iide of Main Roafi, G~n~rt, NY; County ~ Map ~lsNo, 1~53-2-12, 13. 15.1 (15); ~ts 172, 173, 174. ~oniC Bay Es~tes Map No. 658, and Map No. 11~ as AmendS. The ~ard of Appel, will hear a~ said time and place all ~sons or ~p~n~ti~s d~ir- ing to ~ heard in ~oh of the above hearings. Written com- ments may ~so be submitted . prior to the conclusion of the subj~ h~ng. ~r tuG. infor- mation, please ~ 765-18~. Dat~: O~o~r ~ 1986. BY ORDER OF THE SOUTHOLD ~WN BOARD OF APP~LS GE~RD P. GOEHRINGER, CHAIRMAN Linda Ko.ski, Bo~d ~c~ IT-10/16/86(52) TY OF SUFFOLK ss: STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Tr~,veler-Watchman once each week for ...... ~ weeks successively, commencing on the ......... .~.~.~" ........ day,.,.cd--~--~ .~,,-:O.~d..~y~.X.~ .... , 1 9 .'.f~..~'. Sworn to before me this /~ clay of Notary Public BARBARA FORBES Notary PubSe, State of New York No. 48068~6 Qualil'i d in Suffolk County Commiss,on Expires/~,7/;e. 19 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code~of the Town of Southold, the following public hearings will be held by the SOUTHOLD TOWN BOARD OF·AP- PEALS at the Southold Town Hall, Main Road, Southold, NY at a Regular Meeting com- mencing at 7:30 p.m. on THURSDAY, SEPTEMBER I 1, 1986, and as follow: 7:35 p.m. Appeal No. 3540-MARK AND LOR- RAINE LaROSA. Variance to the Zoning Ordinance, Article Xl, Section 100-119.2(B) for permission to construct deck ad- dition at rear of existing dwell- ing within 75 feet of ordinary highwater mark along "Horton Creek," located along the north side of Albo Drive, Laurel, NY; County Tax Map Parcel No. 1000-126-2-12. 7:40 p.m. Appeal No. 3541-RIAL REALTY CORP. Variances to the Zoning Or- dinance, Article Ill,. Section 100-31, Bulk Sehedul% for ap- proval of insuffici~Cff lot width of three proposed parcels in this pending minor subdivision located at the northerly end of proposed right-of-way exten- ding from the north side of Oregon Road, Mattituck, NY; County Tax Map Parcel No. 1000-95-1-3. Containing 47.0520 acres total. 7:50 p.m. Appeal No. 3533-JOHN BREDEMEYER. (Recessed from August 14, 1986). New dwelling with an in- sufficient setback from ordinary highwater mark along Orient Harbor. ~ _ .~.sS ~m~ppeal No, 3477-WILLIAM AND~ KATHERINE HEINS. (Recess- ed from August 14, 1986). In- sufficient area, width and depth of two proposed parcels. North side Main Road, Orient, NY; 1000-19-2-5 and 6. 8:00 p.m. Appeal No. 3544-JAMES F. WARWICK. Variance to lift Condition of prior Z.B.A. Appeal No. 1729 rendered March 8, 1973 to allow new construction of a single- family dwelling at premises located along the south side of Fasbcoder Avenue, Peconic, NY; Bailey Park Map filed September 26, 1932, Subdivi- sio~ Lot No.ll; Cou0ty Tax Map Parcel No. 1000-67-6-7. 8:10 p.m. Appeal No. 3534-ROBERT WAD- DINGTON. Variance to the Zoning Ordinance, Article 111, Section 100-31, Bulk Schedule, for permission to construct ad- dition to existing building with insufficient side and rear yard setbacks, at 13175 Main Roadg Mattituck, NY; County Tax Map Parcel No.. 1000-140-03-038. "B-I" General Business Zoning District. COUNTY OF SUFFOLK STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for ............ .//. weeks successively, commencing on the -~¢~ ~' Sworn to before me this ..................... day of Notary Public BARBARA FORBES Notary Public, State of New York No. 4806846 Qualified in Suffolk County Commission Expires (~Z~.~ ~/ 19 J~' 8:20 p.m. Appeal No. 3550-JOSEPH AND LINDA SCHOENSTEIN. Variances to the Zoning Ordinance, Articles~ (a) VI, Section 100-60 for per: mission to expand nonconform: lng use of welding business in th s B-L ght Business Zonmg District; (b) XI, Section 100-119.2(B) for permission to construct new building and ex- pand nonconforming welding business use within 75 feet from wetlands area, at premises located along the south side of. Main Road, Greenport, NY', County Tax Map Parcels No. 1000-53-2-12, 13 and 15; Lots 172, 173, 174, Peconic Bay Estates Map No. 658, and Map No. 1124 as Amended. ~8:35 p.m. Appeal No.'~ 3538-JEFFREY BETTAN- COURT. Variance to the Zon- ing Ordinance, Article XI, Sec- tion 100-119.2(A) for permis-' sion to construct inground swimmingpool with fence enclosure and gazebo within 100 feet of top of bluff or bank along Long Island Sound, premises known as 2410 Gran view Drive, Orient, NY; Gran view Estates Subdivision Lol No. 5, Map No. 7083; Counq Tax Map Parcel NOl 1000-14-02-3.9. -~8:40 p.m. Appeal N'~. 3513-STEPHEN SHILOWlTZ. (Reees~ed from August 1986). Condominium construc- tion within 75 feet of bulkhead and tidal water. West Side of 6¢h Street, Greenport, NY; 1000-49-01-25.1. The Board of Appeals will hear at said time and place all persons or representatives desir- ing to be heard in each of the above hearings. Written com- ments may also be submitted prior to the conclusion of the subject hearing. For more infor- mation~ please call 765-1809. Dated: August 22, 1986. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary IT-8/28/86(6)