RIVERHEAD – For the past 13 years, Southold Town has reviewed swimming pools under the zoning regulation for the construction of waterfront buildings, but Supreme Court Justice Thomas F. Whelan now has ruled that the practice is “arbitrary and illegal.”
In Cashy v. Goehringer, 01-17016, Justice Whelan vacated the zoning board’s denial of a Horton Point couple’s application for a pool and hot tub within 74 feet of a bluff overlooking the Long Island Sound and remanded it back for issuance of a building permit. (The decision will be published in Wednesday’s Law Journal.)
