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Zoning board approves multiple variances, imposing wetlands, screening and ownership conditions
Summary
At its June 4 meeting the Southampton Zoning Board issued multiple written decisions: the board granted variances for garage additions, accessory equipment setbacks, pool/spa placement, a tennis court with removal condition tied to ownership, and several single‑and‑separate determinations, each with specific conditions including permits, vegetative screening, and wetland permit renewals.
The Southampton Zoning Board of Appeals adopted a series of decisions June 4 granting variances and findings for a range of properties, subject to conditions including permit compliance, vegetative screening, and protective ownership conditions.
Highlights of the decisions read into the record by the chair included:
• Frank Zustvich (7 Tarpon Road, East Quogue): relief granted for a proposed garage addition with reduced sideyard setbacks and a pyramid/sky‑plane encroachment (the decision references survey and architectural plans and conditions that required other necessary permits).
• John Newan House (61 Harbor Drive, Noyak): relief granted for the existing location of a generator, pool equipment and air‑conditioning equipment with reduced sideyard setbacks; the decision was conditioned on maintenance of existing vegetative screening shown on the survey by the applicant and successors in title.
• Single‑and‑separate determinations (Seth and Janice Shukowski; 986 Noyak Path LLC): the board found these lots are held single and separate for zoning relief purposes and therefore eligible for relief under Town Code §330‑115D (the applicants agreed to clarify deed records where necessary).
• Kelly Waters (9 Shell Road): relief granted to relocate a hot tub on a nonconforming lot with reduced accessory sideyard and rear yard setbacks, subject to typical permitting conditions.
• Chang G (13 Ochre Lane): relief granted for a pool and spa located within a required front yard for the principal building with conditions requiring installation and maintenance of vegetative screening.
• Rondiguel LLC (132 Cold Spring Point Road): relief granted for construction on a vacant nonconforming lot burdened by wetlands, including pyramid encroachment; the decision required renewal of the wetlands permit prior to building permit issuance and implementation of erosion and sediment controls to protect Cold Spring Pond.
• Mark I. Bombach (336 Newite Lane, Watermill): relief granted to construct a sunken tennis court on a nonconforming lot without a principal building; the board imposed an ownership condition: if common ownership of the court lot and the adjacent parcel ceases, the court must be removed within six months or the owner must obtain a building permit for a principal structure. The decision also prohibited sports lighting and required vegetative screening to be maintained by the owner and successors.
Each decision in the record included standard conditions that applicants obtain any other necessary permits and comply with town code and conservation office requirements. Where issues of common ownership or accessory structures on adjacent lots arose, the board required covenants or explicit conditions tying structures to continued common ownership or removal if ownership separates.
