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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)