The Zoning Board of Appeals is giving Chequit owners James and Linda Eklund three months to produce proof that they have filed an application with the Suffolk Country Department of Health Services for work in connection with the installation of a pool and patio.
If they produce that proof, they will have up to two years to complete the work, ZBA members said at their Wednesday night work session. But failing to start the process with the Board of Health within that three-month period will result in cancelling the approval for the pool and patio and forcing the owners to go through the application process with the ZBA from the start, should they elect to go forward with the construction.
What the ZBA is trying to avoid is having an open-ended application that could drag on for years.
The Eklunds asked in February for a second extension on the approval they had won in January 2012 with work that was to have been completed by May 2013. They were given a one-year extension in 2013 after potential buyers from Cape Advisors pulled out of a deal to purchase the property. Representatives of Cape Advisors had argued when the application was initially considered that they wouldn’t buy the property unless permission were granted for the pool and patio.
Now the Eklunds maintain they will want to build the pool and patio, but need more time to get permits in line with the Board of Health and begin the project.
Similarly, the ZBA won’t grant a second extension to Bobbie Lane of 84 Peconic Avenue for a permit to construct a partial second floor addition to an existing single-story house. While member Patricia Shillingburg argued that personal circumstances had changed that merited the extension, her colleagues insisted they want to meet with Ms. Lane before making a decision. But they agreed to postpone that meeting until June, since Ms. Lane is a summer resident and would be inconvenienced by having to come to Shelter Island prior to that time.
Robert and Genevieve Nichole Lynch, who want to enlarge their existing nonconforming house at 72 Ram Island Drive will get an approval, but with caveats that screening of the property meets with the interests of their neighbors. Another condition of the approval is that the couple gives up the right to ever add a second story to the structure, something their architect, Bill Yall, said they are willing to accept. The ZBA will also require that during the rebuilding, construction vehicles be parked on the property, so as not to disturb neighbors.
Richard Ludlow will get his 50-foot by 10-foot lap pool on property at 48 Winthrop Road, but it was a struggle Wednesday night as two of the five ZBA members — William Johnston III and Neal Raymond — insisted they wanted the variance to be lessened by moving the pool and surrounding walkway closer to the front of the house.
Two others — Patricia Shillingburg and Philip DiOrio — agreed with Mr. Ludlow’s representative, Pam Pospisil, that such a layout would be impractical and saw no problem with the pool plan that had been submitted. To accommodate the pool, Mr. Ludlow had already agreed to lop off 200 square feet of the original nonconforming house. But that wasn’t enough for Mr. Johnston and Mr. Raymond. That left ZBA chairman Doug Matz as the tiebreaker.
With reservations, he finally leaned toward approving the pool, then almost revoked that stand when he pointed out that in addition to the 50 by 10 foot pool, a one foot walkway on all sides of the pool would result in the area being not 500 square feet, but 624 square feet. But Ms. Pospisil pointed out that the original plan had included the walkway around the pool and said it would have no effect on neighbors in terms of noise or other factors. She also noted that there have been no neighbors complaining about the plan and the closest neighbors have their own pool about 20 feet away.
Ms. Shillingburg pointed out that the approval was for a lot line variance and that the request to move the line to within 15.1 feet of the lot line on the northwesterly side instead of the required 30 feet wouldn’t be changed by the walkway.
Formal actions on the various applications is expected at the March 26 ZBA meeting.