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Home My WebLink About3531 Southold Town Board of Appeals I~AIN ROAD- STATE ROAD Z5 SOUTHOI_D, L.I., N.Y. TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 353] Application Dated June 24, ]986 (Public TO: Costello Marine Contracting Corp. as Agent for ALBERT J. BRENEISEN P.O. Box AK Greenport, NY 11944 Hearing July 17, 1986 ) [Appellant (s) ] At a Meeting of the Zoning Board of Appeals held on July 3], ]986, the above appeal was considered, and the action indicated below was on your taken [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [X] Request for Variance to the Zoning Ordinance Article XI , Section ]00-]]9.2(B) [ ] Request for Application of ALBERT J. 8RENEISEN for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2(B) for permission to construct pool, deck and fence enclosure within 75 feet of mean high water along Dawn Lagoon, 715 Dawn Drive, East Marion, NY; County Tax Map Parcel No. 1000-35-5-16;. Cleaves Point Section III, Lot No. 71. WHEREAS, a public hearing was held and concluded on July 17, 1986 in the Matter of the Application of ALBERT J. BRENEISEN under Appeal No. 3531; 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, at said hearing all those who desired to be heard were heard, and their testimony was recorded; and WHEREAS, the board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the board made the following findings of fact: 1. The premises in question is located in the "A" Residential and Agricultural Zoning District along the south side of Dawn Drive Greehpo~t, New York, is identified on the Suffolk County Tax Maps as District lO00, Section 35, Block 5, Lot 16, and on the Major Subdivi- sion Map of Cleaves Point, Section III, as Lot #71. - 2. The subject premises consists of a total area of approxi- mately 20,000 sq. ft. with 75.19 ft. frontage along the south side of Dawn Drive, and along Gull Pond/Dawn Lagoon waters edge at a tie line of 164± feet. The premises is improved with a single-family, one-story frame dwelling set back 60± feet from its closest point from the ordinary highwater mark as more particularly shown on survey dated May 5, 1969, prepared by Roderick VanTuyl, P.C. 3. By this application, appellant requests permission to locate a 20' by 40' inground swimmingpool, together with eight-foot wide decks, detached from the dwelling in the rearyard area, having a setback not closer than 30 feet from the llO' retaining wall, all DATED: Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 Appeal No. 3531 · Matter of ALBERT J. BREN£ISEN Decision Rendered July 31, 1986 as more particularly shown by sketch dated November 28, 1985, prepared by Costello Marine Contracting Corp. A fence enclosure is proposed along the westerly property line and will not be placed any closer than 30 feet of the mean high water mark, or seaward of the llO-ft, retaining wall. 4. Article XI, Section 100-119.2, sub-paragraph (B) requires all buildings and structures located on lots adjacent to tidal water bodies other than the Long Island Sound to be set back not less than seventy-five (75) feet from the ordinary high- water mark of such tidal water body, or not less than seventy-five feet from the landward edge of the tidal wetland, whichever is greater. 5. It is noted for the record that permits have been issued by the Southold Town Trustees, Wetlands Permit #266 dated May 15, 1986, and by the N.Y.S. Department of Environ- mental Conservation under Tidal Wetlands Permit #10,85-1498 dated April 28, 1986, for the placement o.f a 75' retaining wall, llO' retaining wall, and the subject 20' by 40' swimmingp~ol and deck construction. It was noted that the building construction is above the existing lO-ft, contour elevation between llO-ft. retaining wall and existing residence. 6. It is the opinion of the board members that: (a) the pool construction be located as far back from the retaining wall and mean high water mark as possible, which in turn would be the minimal variance necessary; (b) any draining or discharge from the pool not enter the tidal waters at any time. In considering this appeal, the board finds and determines: (a) that sufficient practical difficulties have been shown to warrant the granting of this variance; (b) the circumstances are unique and not shared by all other properties in the neighborhood; (c) there will be no substantial change in the character of the area or detriment to adjoining properties; (d) the relief stipulated below is not substantial; (e) the difficulties cannot be obviated by some method feasible for appellant to pursue other than a variance; (f) the variance will not in turn cause a substantial effect of increased population density or be adverse to the safety, health, welfare, comfort, convenience and order of the town; (g) the interests of justice will best be served by allowing the variance, as noted below. Accordingly, on motion by Mr. Sawicki, seconded by Mr. Doyen, it was RESOLVED, that a Variance for permission to locate accessory 20 ft. by 40 ft. inground swimmingpoo!, deck areas~.and fence en- closure, BE AND HEREBY IS APPROVED in the Matter of the Application of ALBERT J. BRENEISEN under Appeal No. 3531, SUBJECT TO THE FOLLOW- ING CONDITIONS: 1. Pool construction be located no closer than 40 feet to the mean highwater mark or rear property line, whichever i.s closer; deck areas not to be any closer than 30 ft., as applied; 2. Pool not be enclosed or roofed; 3. Ground lights m~st be of a mushroom-type, not having an adverse effect on neighboring properties; 4. Any change or deviation from the plan which would cause a relocation of the pool will require a reapplication and recon- sideration. Doyen. tion was lk Vote of the Board: Ayes: Messrs. Goehringer, Sawicki and (Members Douglass and Grigonis were absent.)._This resolu .... duly adopted. _~ " . GERARD P. GOEHRINGER, August 12, 1986 RECEIVED AND FILED BY ~ sour. om Tow~ c~.~ DATE ~//~k~ HOUB ~'e'~' I~,!~