ZBA Hearing – 14 Shore Road – February 4, 2021 at 7:00 pm



PLEASE TAKE NOTICE that should the Executive Order suspending New York Open Meetings Law not be extended past January 29, 2021, the Village of Bellport Zoning Board of Appeals will hold a public hearing on Thursday, February 4, 2021 at 7 pm in the Bellport Community Center, 4 Bell Street, Bellport, NY to consider the following application. If the suspension of the New York State Open Meetings Law is extended past the above referenced date, the meeting will be streamed live over the internet and interested parties can find the link at www.bellportvillageny.gov.

Vishaan Chakrabarti & Maria Alataris, 14 Shore Road, Bellport, NY are seeking the following variances to renovate an existing single story, single family dwelling and are proposing to raise the dwelling in accordance with the existing FEMA codes regarding construction in a flood zone.

Sec. 21-1. – Definitions.

Swimming pool, family. Any body of water in an artificial or semi-artificial receptacle or other container, whether located indoors or outdoors, used or designed, arranged or intended to be used for swimming and/or wading by adults and/or children, including but not limited to all buildings, structures, appurtenances, equipment, appliances and other facilities appurtenant thereto designed for operational and/or maintenance purposes. For purposes of this chapter, any outdoor swimming pool shall be considered an accessory structure and shall include the following types:

(1)  Aboveground swimming pool: Any swimming pool located in or upon the ground, which at no point is more than eighteen (18) inches below grade.

(2)  In-ground swimming pool. Any swimming pool located in or upon the ground, which extends more than eighteen (18) inches below grade, or having an area of more than one hundred (100) square feet.

Sec. 21-86. – Nonconforming buildings and structures; nonconforming uses.

(c)  A legally existing nonconforming building or structure shall not be enlarged, expanded or altered except as follows:

(1) The use of the building or structure is permitted and conforms with the requirements of this chapter, and

(2) The proposed enlargement, expansion or alteration of the building or structure conforms with all area requirements of this chapter, excepting minimum lot area and street frontage requirements. In no event shall the degree of nonconformity be increased

Sec. 21-240. – Area requirements.

In addition to any other requirements set forth in this chapter, the area restrictions applicable to any property located in the Residence “AA” District shall be the same as those set forth in article IV, division 2 of this chapter—Residence A District, except that no building shall be constructed, erected or altered in the Residence AA District unless said lot shall have an area of at least eighty thousand (80,000) square feet and have at least two hundred (200) feet of frontage along a street.

Sec. 21-218. – Height (Pyramid Law).

In the Residence A District no building hereinafter constructed, erected or altered shall exceed thirty-two (32) feet in height, and must be set back from all property lines so that the height of any point of the building is not greater than the horizontal distance of the point from the nearest property line to the building or structure at that location or protrude through a diagonal line formed by a forty-five-degree pyramid angle from all property lines. Chimneys are exempt from said restrictions. Accessory buildings and structures shall not be subject to the pyramid law.

Proposed: Dwelling to encroach into the pyramid by 10.4 cubic feet/22.5 square feet

Sec. 21-220. – Front yard.

In the Residence A District, there shall be a front yard having a depth of not less than fifty (50) feet,

Proposed: Dwelling set back 14 feet, 9 inches from the front property line.

Sec. 21-221. – Side yards.

In the Residence A District, there shall be two (2) side yards, one on each side of the building, the total width of both to be not less than sixty (60) feet, and no one side shall be less than twenty (20) feet in width.

Proposed: Dwelling set back 18 feet 2 inches from the west side property line.

Sec. 21-222. – Rear yard.

In the Residence A District, there shall be rear yard having a minimum depth of sixty (60) feet.

Proposed: Dwelling set back 10 feet 1 inch from the rear property line.

Sec. 21-225. – Building area.

(a) Main building and accessory buildings: In the Residence A District the maximum total building area for the main building and all accessory buildings shall not exceed fifteen (15) percent of the total lot area.

Proposed: Building area of 16.18%

Sec. 21-226. – Accessory buildings and structures.

(b) In the Residence A District, unless addressed specifically elsewhere in this chapter, all structures and accessory structures must be located in the rear yard of a lot and be setback at least fifteen (15) feet from all property lines. No structure and/or accessory structure shall exceed fifteen (15) feet in height.

Sec. 21-501. – Location.

  1. a) Lot location:All pools shall be located in the rear yard of interior lots or the designated rear yard of corner lots.

(b) Setbacks: All outdoor swimming pools, including above ground pools shall be subject to:

(1) Minimum side and rear yard setbacks of fifteen (15) feet as measured from the edge of the water;

Proposed: Pool, pool equipment and deck located in side yard. Pool and deck located 10.9 feet from the front yard property line and 13.6 feet from the rear yard property line.

The single-family dwelling is located in the “AA” Residence District.  The Suffolk County Tax Map Number is 0202-9-1-16.2.

All persons with an interest may attend and will be heard.  The Community Center is handicapped accessible.


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