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HomeMy WebLinkAbout5457 APPEALS BOAP, I) MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer Lydia A. Tortora Vincent Orlando James Dinizio, Jn http:,' 'southoldtown.norrhfork. net BOARD OF APPEALS TOWN OF SOUTHOLD Southold Tmvn Hali 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Tel. (631) 765-1809 Fax (631) 765-9064 RECEIVED MEETING OF APRIL 8, 2004 Appl. No. 5457 - B. MARTHA CASSIDY Property Location: 1015 Youngs Avenue, Orient; SCTM #1000-18-1-3. SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The Applicant's 33,000 sq. ft. parcel is unimproved and vacant. The property has a frontage of 200 feet along the west side of Youngs Avenue, in Orient. BASIS OF APPLICATION: The Applicant requested variances based on the Building Department's March 10, 2003 Notice of Disapproval, amended May 10, 2003 and renewed November 6, 2003, citing Sections 100-30A.1 and 100-231 of the Town Code, in its denial of a building permit to construct a tennis court with fencing in the absence of a residential structure on a lot in the R-40 Zoning District. In the Notice of Disapproval, the Building Department determined with respect to this property that: (1) a tennis court is not a permitted use; and (2) the proposed tennis court fence is not permitted because it will exceed the limitations of four feet in height in front yard areas and six and one-half feet in height in side and/or rear yards. The applicant requested a use variance for the construction of the tennis court as a non-accessory use, and contended that this request should properly be considered as a request for an area variance based on the assumption that a tennis court is a permitted use. The applicant also requested an area variance for the tennis court fencing. FINDINGS OF FACT The Zoning Board of Appeals held public hearings on this application on January 22, 2004 and February 26, 2004, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the folIowing facts to be true and relevant: REQUEST OF THE APPLICANT: The Applicant desires to construct a tennis court in the rear yard on a vacant lot. Applicant does not desire to construct a home on the property at this time. Page 2 - Apd[ 8, 2004 . ' ZBA No. 5457 - M. Cassidy '~' CTM 1000-18-1-3 In a cover letter with the application and during the public hearings, the attorney for the applicant contended that the application was in fac~ a permitted use, and as such the application should be considered as a request for an area variance and not a request for a use variance. APPLICABLE CODE PROVISIONS: The following provisions of the Southold Town Zoning Code apply to this R-40 Residential Zone District and are relevant to this application: §100-13. Definitions. ACCESSORY USE -- A use customarily incidental and subordinate to the main use on a lot, whether such "accessory use" is conducted in a principal or accessory building. §100-30A. 1. Purpose. The purpose of the Low-Density Residential R-40 Distdct is to provide areas for residential development where existing neighborhood characteristics, water supply and environmental conditions permit full development densities of approximately one (1) dwelling per acre and where open space and agricultural preservation are not predominate objectives. §100-30A. 2. Use requlations. In an R-40 District, no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses: 1. Same as §100-31A of the AgricultureI-Conservation District, except that wineries are excluded. Uses permitted by special exception of the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals, as hereinafter provided, and subject te site plan approval by the Planning Board: 1. Same as §100-31B of the Agricultural-Conservation District, except that a children's recreation camp, farm labor camp and veterinarian's office and animal hospital are not permitted and bed-and-brealdast uses do not require site plan approval. 2. Libraries, museums or art galleries. C. Accessory uses, limited to the following: 1. Same as §100-31C of the AgdcultureI-Conservafion District. §100-31A. Use regulations. In A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the fo[lowing: A. Permitted uses. (1) One-family detached dwellings, not to exceed one dwelling on each lob (2) The following agricultural operations and accessory uses thereto, including irrigation (provided that there shall be no storage of manure, fertilizer or other odor or dust-producing substance or use, except spraying and dusting to protect vegetation, within 150 feet of any lot line. Page 3 -April 8, 2004 ZBA No. 5457 - M. Cassidy CTM 1000-18-1-3 (a) The raising of field and garden crops, vineyard and orchard farming, the maintenance of nurseries and the seasonal sale of products grown on the premises. (b) The keeping, breeding, raising and training of horses, domestic animals and fowl (except ducks) on lots of 10 acres or more. (c) Barns, storage buildings, greenhouses (including plastic covered) and other related structures, provided that such buildings shall conform to the yard requirements for principal buildings. (d) The retail sale of local produce from structures of [ess than 20 square feet floor ama shall be set back at least 10 feet from any lot line. (3) Buildings, structures and uses owned or operated by the Town of Southold, school districts, park districts and fire districts. (4) Wineries which meet the following standards: (a) The winery shall be a place or premises on which wine made from primarily Long Island grapes is produced and sold; (b) The winery shall be on a parcel on which at least 10 acres are devoted to vineyard or other agricultural purposes, and which is owned by the winery owner; (c) The winery structures shall be set back a minimum of 100 feet from a major road; and (d) The winery shall obtain site plan approval. §100-31C. Accessory uses, limited to the following uses and subject to the conditions listed in §100-33 herein: (1) Any customary structures or uses which are customarily incidental to the principal use, except those prohibited by this chapter. (2) Home occupation, including home professional office and home business office. In permitting these uses, tho Town Board recognizes that the residents historically have operated small businesses which provide services to the community from their homes. The Board finds that these businesses have not impacted negaflvely on the appearance of these residential zones. In the Board's judgment, it finds that in order to maintain the economic viability of the town, to maintain the rural quality of life and in the interests of the we[fare of the residents, these businesses (or home occupations) should be permitted to continue. In setting forth the following subsections, the Board intends to permit as of right certain business uses in residential zones with the understanding that these uses are to be conducted in a manner that will not alter the character of the residential neighborhoods. The Board believes that the following subsections provide sufficient safeguards to accomplish that aim. These uses shall be permitted, provided that: (see a-i). (3) Boat docking facilities for the docking, mooring or accommodation of noncommemial boats, subject to the following requirements: (see a, b, c). Page 4 - April 8, 2004 ,' ~ ZBA No. 5457 - M. Cassidy '~"~ ~ CTM 1000-18-1-3 (4) Garden house, toolhouse, storage building, playhouse, wading pool, swimming pool or tennis court incidental to the residential use of the premises and not operated for gain, subject to the following requirements: (a) Any swimming pool shall be completely enclosed with a permanent chain link (or similar type) fence of not more than two-inch mesh, not less than four (4) feet in height, erected, maintained and provided with a self-closing, self-latching gate to prevent unauthorized use of the pool and to prevent accidents. However, if said pool is located more than four (4) feet above the ground, then a fence is not required, provided that all points of access to said pool are adequately protected by a self-closing, sail-latching gate. Any swimming pool in existence at the effective date of the provisions of Lhis subsection shall, within one (1) year from such date, comply with all of the provisions hereof. (b) Individual outdoor tennis court related to residential use on a lot containing a single-family detached dwelling, provided that the same is set back not less than six (6) feet from all lot lines and that there is no lighting for after dark use. (5) Private garages; provided, however, that not more than two (2) passenger automobile spaces in such garages may be leased to persons not resident on the premises. (6) Off-street parking spaces accessory to uses on the premises. Not mere than four (4) off-street parking spaces shall be permitted within the minimum front yard. (7a-c) The storage of either a boat or travel trailer owned and used by the owner or occupant of the premises on which such boat or travel trailer is stored, for his personal use, subject to § 100-191Q, Supplemental parking regulations, and the following requirements: (8) Homes and domestic animals other than household pets, provided that such animals shall not be housed within forty (40) feet of any tot line. Housing for flocks of more than twenty-five (25) fowl shall not be constructed within fifty (50) feet of any line. (9) Yard sales, attic sales, garage sales, auction sales or similar types of sales of pemonal property owned bythe occupant of the premises and located thereon, subject to the fo[lowing requirements: (see a-c) (10) Wineries may have an accessory gift shop on the premises which may sell items accessory to wine, such as corkscrews, wine glasses, decanters, items for the storage and display of wine, books on winemaking and the region and nonspecific items bearing the insignia of the winery. Winedes may not have a commercial kitchen as an accessory use but may have a noncommercial kitchen facility for private use by the employees. [Added 11-29- 1994 by L.L No. 26-1994] (11) Child care. [Added 11-12-1996 by L.L. No. 20-1996] REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: 1. The Applicant's property is located in the R-40 Low-Density Residential Zone District and is not improved with a one-family detached dwelling, or any other permitted uses listed under Section 100-31-A of the Zoning Code. Accordingly. reference is made to Section 100-23E of the Zoning Code: Page 5 - April 8, 2004 ZBA No. 5457 - M. Cassidy CTM 1000-18-1-3 § '100-23E. Any use not permitted by this chapter shall be deemed to be prohibited. Any list of prohibited uses contained in any section of this chapter shall be deemed to be not an exhaustive list but to have been included for the purposes of clarity and emphasis. 2. The proposed use of a tennis court with fencing is authorized under Code Section 100- 31C as an accessory use only, and such use must be "related to residential use on a lot containing a single-family detached dwelling." The applicant concedes that the subject lot does not currently contain a single-family detached dwelling. Accordingly, a use variance granted by the Board of Appeals is required in order for applicant to construct the tennis court as currently proposed. 3. Despite counsel for applicant's contention, the standard for the granting of an area variance is inapplicable here. Counsel directed the Board to the Appellate Division's decision in Boyadiian v. Board of Appeals of the Village of East Hills, 136 A.D.2d 548 (2d Dept. 1988), for the distinction between a use variance and an area variance. In Boyadiian, the Appellate Division stated that "lain area variance does not involve a use which is prohibited by the zoning ordinance while a use variance involves the permitting of a use which is prohibited by the zoning ordinance. Id. at 550 (internal citations omitted). In this case, a tennis court is only permitted in the R-40 district as an accessory use, which by statutory definition must be "incidental and subordinate" to the main use on the subject lot. Specifically, a tennis court is permitted only when it is "related to residential use on a lot containing a single-family detached dwelling . . .". Not qualifying as a permitted use under the relevant ordinance, such use is deemed to be prohibited. Accordingly, even under the precedent cited by counsel for applicant, the standard rot the granting of a use variance, rather than that relating to an area variance, applies. See Town Law §267(1)(a). 4. Applicant has failed to show that she will suffer the "unnecessary hardship" required by Town Law §267-b to qualify for a use variance. First, it cannot credibly be contended that applicant cannot realize a reasonable return for each and every permitted use on this property. Applicant's only financial showing is her assertion that she pays $432.93 in annual real property tax. Without substantiation, applicant further contends that no financial return is available on a vacant lot. Putting aside the validity of that contention, it is not the relevant inquiry. What is relevant is whether in fact she can realize a reasonable return on any permitted use in this district, or more specifically a one- family dwelling. Applicant has not introduced any financial evidence on this point. In fact, applicant has stated on the record that if a variance is not granted, she is prepared to build a dwelling on the property. It must be emphasized that merely because the applicant does not desire to engage in any of the permitted uses does not constitute the required hardship under the statute. 5. Second, applicant has not made a showing that the alleged hardship to it is unique, and does not apply to a substantial portion of the district or neighborhood. Applicant merely contends that there are few or no other vacant lots owned by other persons owning improved properties in the neighborhood. But the fact that applicant owns more than one property in the neighborhood does ~-~.. Page 6 -April 8, 2004 ZBA No. 5457 - M. Cassidy '~" CTM 1000-18-1-3 not entitle her to engage in uses that others in the neighborhood, who own only one property, may not. 6. Third, applicant has not demonstrated that the request will not alter the essential character of the neighborhood. Applicant again contends that "a tennis court is permitted in the district". As shown above, such use as requested is, in fact, prohibited. Applicant further contends that since applicant's residence is in close proximity, any concern over an unattended tennis court should be alleviated. Notwithstanding applicant's promise to monitor the court, the fact remains that the essential character of the neighborhood is residential. As long as the applicant's lots remain separate, there can be no assurance, now or in the future, that a freestanding tennis court will not adversely impact the neighborhood. A use variance runs with the land. Applicant has proposed covenants and restrictions on the sale of the subject property or properties with ownership common to the subject property. Even if enforcement of such covenants and restrictions were feasible, it provides no assurance that the court itself will be carefully monitored. Enforcement of that condition is impractical. It should be noted that two neighbors have expressed concern regarding use of the tennis court and drainage issues, while another has supported the application. 7. Finally, applicant conceded in her application and at the public hearings that any alleged hardship has been self-created. 8. Careful consideration of this application leaves the Board with little recourse inasmuch as applicant has failed to meet each and every of the required showings. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-b, motion was offered by Member Dinizio, seconded by Member Tortora, and duly carried, to DENY the application, as applied for. Vote of the Board: Ayes: Members Oli~ (Chairwoman), Goehringer, Tortora, Orlando, and Dinizio. This Resolution was duly adopted (5-0 .C Ruth D. Oliva, Chairwoman- 4/12/04 Approved for Filing 2 3 ¥ ¥ 8 9 10 13 16 18 ~9 ~0 21 ~2 2~ CHAIRWOt~A2{ OLiVA: Our first public hearing is one that was carried over from January 22nd, that is Mertha Cassidy, wishes uo Build a tennis court en an undeveloped piece ef land. Hiss Wickham. MS. WICKHA24: Good morning_ CHAIRWOI'{AI¢ OLIVA: Hew are this morning? MS. WICKH~vT: Very good, Ehank you. My name is Abigail Wickham, representing the applicant. I have Susan Gardner here, who is the owner of t~o of the adjoining lets amd nas been working wi~h me on this applicaEien as well as Hr. Cybulski from Sea Breeze Tennis. I'd like to start by emphasizing, I Ehink mere thaR i did at the last hearing, eha~ we believe this is an Area Variance, it: is not a Use Variance. The distinction is quite specific and an Area Variance does no~ involve a use, which is prohibited b~' ~he zoning ordinance anG does not seek a change in Ehe essential use of the land. A ~ennis court is clearly a permitted use in this district and on this property. The variance is merell, as 5o wheEher or not a residence or principal use needs to be established in order te maintain it and that is an Area Variance. It's a little hit confusing because we're talking about wheEher you can use iE for a tennis court bu~ i~'s non a Use Variance, and I think quite clearly ~he criEeria of an Area Variance applies. As ~o Ehose criteria, we de net believe there will be ail undesirable change because Ehe applicant az~d her parEner, Susan Gardner, own Ehe property immediately te Ehe seuEh on which there is a residence iocaEed, and i~ is occupied b!, ~ family member, and the residence immediately to the east, which is owned jointly by boEh ef Ehem_ We weu£O be willing to covenant tna~ should -- first, things, first of all Ehan ~hey would net sell the lot in question wi~h only the tennis cour~ on it outside ef ~he family; and, secondly, ~ha~ if ~he5- sold both of the houses, Ehe eno ~djoining and the one across the s~reet, Ehat the tennis court use wellld be discontinued or February 26, 206,4 1 2 3 6 7 10 11 12 13 14 15 16 17 18 2O 21 22 23 25 a residence added in order to comply with the code, arid Ehan could be the basis of a cevenen~ on all three properties which would be clearly marked and enforceable. The impact of that is that you don't have the concern ~ham was expressed previously, which is an isolated ceur~ that nobody lives nearby, nobody is supervising and no one ~as uo listen to_ So I think that's very important. The benefit to the applican~ cannot be achieved by any other method other than merging the lo~, and as I Oescribed before that would have a severe financial consequence, which I ~hink would be far outweighed by balaz~cing ef the equities in terms of when the downside here is to ~he neighborhood. The amount of relief is net substantial because they do have adjoining and adjacent property, which are going ~o be as impacted by ~his as the neighbors. And for ~ha~ reason it would not have a significant adverse impact or effect on the physical er environmental conditions in the neighborhood. It is a permitted use in ~he sening district_ T~e variance I ~hink has been self-created. That does no~ in and of itself require you Eo deny the variance and n~e construction is not existing, something that we're here to do wi~h safeguards that 2ou might impose_ The applican~ does have the option and has seriously considered if this variance zs denied just going ahead and building a small house for rental eno pu~ing the court on it, and she obviously doesr~'E want ~o have to go to that financial expense either, Out tRat is an option, and I think that that would ha~e a significantly mere adverse zmpac~ on the neighborhood Yhan the granting of the relief that's requested. I'd like te ad~ress two o~her things briefl!'. The first is ~he mssue of ~rainage. ObYiously, ~hat's going to be discussed and Mr. Cybulski can talk about ths~. The work ~hat was done on the property was merely ~o punch through the top layer of soil te get to the san~ in order to alleviate Febrnary 26, 2004 1 2 3 5 6 7 9 10 11 12 13 1S 16 17 18 20 21 22 23 2S an accumulation of water. In the summer that's a concern. The ~ennis court regrading will eliminate the concern for the entire neighborhood, which would be ~o their benefiE. And there was no fill added en that as far as that pile of dirt that is there, it will be graded out as part of the construction. It was what was in the hole that was removed, and they put sand back in. Se the san~ that was added is under the ground, it's net the pile. That pile is nde adde~. It was merely to alleviate a minor drainage issne, and we did speak to the Building Department and Hr. Forester before proceeding to make sure it was allowed. I did have quite an effort trs,ing to find a comparable precedent. I know that there are several tennis courts in the Town eha~ I belie.~e are preexisting an vacant lots, and those have been there for years witho~t incident. One is t±~e one on New Suffolk, on New Suffolk 2~r,,enue on Kimogenar Point, that's been there many, many years. The other i'm aware of is the Braut's tennis court on Vanston Road in Nassau Point in a very densely populated residential neighborhood that has been privatel5, used for many, many years without consequence. There was, interestingly enough, a variance granted by your Board in 1977 to Hr. Lamorte, Appeal Number 2313 for a tennis court. The variance was for a fence Out that variance Oid allow a tennis court ena lot that didn't have a principal building on it. it happe~ed Ee have a swimming pool on it, but the house is on a separate lot. For some reason ute accessory tenure of the use CHAIRWO~,%m2,? OhI¥1A: ~{iss Wickham, that was 30 years ago, times have changed. MS. WICKHi~4: Yes, that was another instance of when a court existed. I spoke to the neighbor, Mr. Cope, who has live~ next to thaL for man~, years, and he has never had a problem with it. So I think that while the Board has not granted that t~e of precedent~ than I have been able to ascertain, certainly those situations de exist in the town wiEhout, as far as l'xre been able Ed February 9~ ~o, 2004 1 2 3 5 6 7 9 10 11 12 13 15 16 17 18 19 20 21 22 23 25 tell, adverse consequence, and we would be able to understand that the condition of the approval be that the court net be used for commercial purposes, in other ,.~ords, that a commercial instructor could not come in and give lessons te people who are not related te the family because I think Hr_ Dinizio had concern about that or perhaps Mr_ Orlando. The only ether precedent ~hat i can ascertain, and I have it here, I'll gee it when i sit down, is the granting of an accessory use permit down in Pi~e Neck Road. If you recall, some time age that Mr. Burger asked for ~,our permission to split an undersized lot, an~ that left a garage on the property_ The concern there was the condition ef the propertl, and there were co~-enants put on that relating Ee screening condition, et cetera, i don't recall if there were conditions as to ownership, but I think we discussed that as well, and I have tha~ appeal numOer for your reference. Screening is something that we woulO be willing to do. · think given a tennis court's seasonal nature, the putting ef shrubbery that grows up high, nanural looking shrubbery like forsythia, which is in the neighborhood at this time, might be something appropriate, or if you have ether suggestions, we'd be glad to consider them. CE~IRWO~2,~ Oh±\~: Would you refresh my memory, how far from the road would t~is tennis court be? MS_ WICKHAM: From the road the court is setOack, if you'd let me gee my map out, quite a numOer of feet ~ecause we had projected a full residence seEOack without variance, and then with the residence it is 67.6 - 67.5 feet from the property li~e to the fence, and so right inside ~he fencing is the court. CE~IRWO~L~i,~ OLiVA: And also there's a natural grade going downhill to the west from the read. MS. WICKHAM: That's correcL. CHAIRWOHAN OL, IVA: That's going to have ~o be filleO in? MS. WICK~M.,I: I'll ~ave Febrhary 26, 2004 i 3 tO 11 i2 13 1¥ i? ~ 0 22 ~3 ~4 Mr_ Cybulski address uhac. Thee leaves the tennis couru 47.5 feet from ~he rear line, so iE could be meyed back further, if need be, Enat was the proposal_ Can I have Mr_ C~ulski answer !~our quesmions about the amount of fill and grading? morning. CHAI RWOMA2[ OLiVA: Sure. Good MR. Cybulski: Good morning. Bud Cybulski. CHAIRWO~m2[ OLiVA: How are you? MR. Cybulski: I guess just to answer your questions, if you built ~he cou~t at Ehe grade that's there right new, p~ou'd end up with a swimming pool ra~her than the tennis court. So mE will have to be raised approximately a foot from the existing gra~e, which would still leave it about a feet above the read, {rainage will be necessary if there is a layer of clay in uhere, which we found when we made the drainage Ehere new_ It was noE a problem, it wasn't that deep, and it should work out all right. The topsoil and clay that is removed would be lefE on Ehe property and then graded back up to ~he tennis court when it's finished, so it really wouldn't loe~ ouu of place. One outer concern I've heard is there's noise from a tennis court when people play. This is proposed to be a clay court and a lo~ less noise from a clay ceuru than from an asphalt court. Amzy o~her quesEions? C~%IRWOI~2~ OLIVA: ~r. Orlando? BOARD MEMBER ORL}I[DO: No Dinizio? Mai~be winh questions. CHAIRWOMAN 0LIVA: Mr_ BOARD MEMBER DINIZIO: ,Sail, not with Mr. Cybulski. CHAIRWOM}2'[ OLIVA: Jerr_~,? BOARD MEMBER GOEHRINGER: What would be uhe negative effect, Mr. Cybulski, if 5~eu lowereO the courE and you actuall2' built walls around three sides of i~? MR. C_vbulski: Drainage problems i think would be the negative effect, hue could i~ be resolved, I'm sure, it's done all uno time, but vou get quite involved wiEh drainage February 26, 2004 2 4 6 7 8 9 10 11 12 13 14 1S 16 17 18 19 20 21 22 23 24 2b then and it gets quite expensive_ BOARD MEMBER OOEHRINGER: When you said this is a clay ceurt, yeu were saying i~'s a compositien ef clay, or is mt that new material? MR. Cybulski: It's the new maEerial the Hard True court, which is the improved clay court. I thin~ you've each got a handout in yeur folders khat I presented te the Board. BOARD MEMBER GOEHRINGER: Where is this court now that we can leoK at it again? MR. Cs~ulski: This type of court? BO~.D MEMBER GOEHRINGER: Yes. MR. CYBULSKI: Derek Seefus in Orient. We built one last year that yeu approved in Southold fur Cepala. BOARD MEMBER GOEHRINGER: Right_ MR_ CYBULSKI: That's that ti~pe ef court. BOARD MEMBER GOEHRINGER: That's off ef Tewn Hall, right ~y the ~ Eleven? MR. CYBULSKI: Yes. BOARD MEMBER GOEHR±NGER: So we can check the boing facter out on that, not that we den't believe leu. MR. CYBULSKI: Nerth Fork Country Club has halfway clay, halfway Hard True. It's not a full Hard True court, but Ehey are the same, basically the same court. BOA~_D MEMBER GOEHRINGER: I was ~appy to hear frem the atterney in reference te the possiOility ef screening_ In reality if there's a situation where yeu nave this huge, massive thing - please, in no way am degrading this ceurt because a ceurt is a very nice thing but I think screening is an effecti%e reel if the Board is se inclined to grant Ehis. MR. CYBULSKI: Derek Seefus' court in Orient, you cannot see it from the road. CHAiRWOI~Z~i,] OLIVA: He's got foot high privet there. HR. CYBULSKI: Rut~, },ou can see in all une time, I'm sure. CHAIRWO~[ OLI¥IA: I can hear it too. MR. CYBUhSKI: You caz~ hear it? February 26, 2004 2 3 5 6 7 8 10 12 3_3 15 16 17 19 2O 21 22 23 24 25 CHAIRWOMf~2~ 0LIVA: Sure_ I can hear it when they play_ i don't mind it, I'm saying if the wind's right. MR_ CYBU¼SKI: it would be louder if it was a hard court. CHAiRWO~N 0LIVA: It's not objectionable. Mrs. Tortora, do you have an], questions for Mr. Cybulski? BOARD MEMBER TORTOPfe: No, I would like to address counsel_ CEAIRWOMAIJOLIVA: Okay_ Miss Wickham, Hrs. Tortora_ BOARD MEMBER TORTORA: You stated this is the Area Variance because ~he area is in question. I don't necessarily agree with the wax, that the no5ice of disapproval was written. It appears to me that wha~ you are requesting is to put an accessory use on a vacant lot that has no principal use on it. The code clearly permits tennis courts as an accessory. There is no principal use on the property at this time. The properUy is vacant. MS. WiCKHAH: Right. BOD3_D MEMBER TORT0~a: We have had o5her cases similar 5e this, and I was trying me recall it, and I just did recall it_ It was a case involving a cell tower cue in 0rien5 where the applicants wisheO te place a cell 5ewer on a vacant lot and 5here was no principal use on the let_ I'm presty sure we could dig up those records that i5 was denied. As far as iE Doing an Area Variance, it could onl] be an Area Variance if the asea in question was insufficient_ In this case, 5ne area is not really - I ~on't agree with you. I don'5 think it's a question the5 the area is insufficiens, there's ne principal use en it, and the code simply does not permit an accesser], use on a lot w~ere there's ne principal use. Se in my mind, that is the issue_ The only question I have is that you say it would create an extreme financial hardship if the lo~ was merged, Put you are willing ~o co?anent and restrict it se it would De sold Lo family members. Why net just February 26, 2004 6 7 9 10 11 12 13 14 15 16 1'7 2O 21 22 23 24 25 go ahead and merge the lots? MS. WICK~2{: Because then ceLlld never at any point in the fuEure sell it separatell,. They would lose increOible ,Jalue, and she nas children, you know, some ~ay she's going to want to use that for her family or pass Lhat down_ Sac, lng 5hat you're going te covenant against lack of common ownership is a lot different than saying you can never ~ave a separas, e let. It's a lot oifferens. Could I go back te the Area/Use Variance use issue? Area Variance is a confusing Eerm Decause it doesn't just mean area consideration_ It's Ehe nature of Lhe variance that's being addressed. There's a ease I can give you a cop5~ of, Boyagen versus the Village ef East Hills, tha5 ~ad the definiEion 5hat I cited earlier as 5o the Ois~inction between an Area and Use Variance. But an Area Variance has to de with building heights, se~backs, all differen~ ~ypes of things that are not specificall? area. Use Variances have to do wiEh something that's just not permitted at ail_ A cell Eower is a commercial use, I thin~ ~hat's a distinction. A tennis court is a residenEial use tha~ is permitted as an accessory. Ail we're asking is Ehat ~he principal use net be required at this time_ 2~md ~hat is an Area Variance, although it deesn'~ sounG righ~ because it's not addressing the area, but it is an Area Variance not a Use Variance_ BOARD HEHBER TORTOP~: I know tha~ we also did hove a similar case, and woul~ have ~o pull up the files on this, aOout a i~ear ago involving the same argument, anS an that time a le~ of court eases were submitted as to w~ether iE was an Area Variance or Use. I ~hink the real point here is nee t~at a tennis court is not permitteO, a Eennis court is a permitted use; iE's a permitted ese as an accessory Ee a principal use_ There is no principal use on this preper~y. MS_ WiCNH}P[: Correct, ~hat is the nature of tile application. I agree with you, buE I don'~ think it's a Use Variance. CHAIRWOP~2~ O¼IVA: Bu~, Miss Wic~ham, you've said if we denied iE, February 26, 2004 1 2 3 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2b :hey would possibly build a small house -- MS. WICFi-I~: Yes. They have that right. CHAIRWOMI~lq OhlVA: -- on the property and then put in nhe Eennis court. MS. WICKHA}[: Yes. BOARD MEMBER TORTORA: Than was my only thoughu_ Pernaps, as ± say, I den'n agree with the wa}~ the notice of disapproval was wriE~en ~ecause I Oo agree with you than, yes, in is a permitted use, bun in is not permitteG as a principal use; it's permitted as an accessory use, and nhere is no principal en the property. MS. WICK~24: Than's correct. But it's an Area Variance request, in's net a Use Variance request. Because a Use Variance is when you want ne take a piece of property nhat's zoned residential, for instance, or let's say, residential e{fice or something, and make it something different in ~erms of nne use nhat's allowed on ~hat property per se. For instance, there was a case that had he do with -- let me ge back while I'm researching than ~e give you the cination that I ~ave on nhe accessory use nha~ you de,ermined previously, 5058, and tna~ appeal number oid have t~e common ownership conditions than I talked about previously. Do you have other questions? C~IRWO~AI2~ OLIVA: Mr. Orlando? BOAteD MEMBER C,RL~DO: One question I wanned no clarify, nhe a~joining lo~s on ~he west side of Young's ~2;enue, you're saying both lots surrounding the ~ennis court are by family members? MS. WICKHf~: No. On nhe west side of Young's Avenue nhe southern lot is owned by them. The northern lon, I believe the owner of that lot was here last time and spoke in favor of nhe application. ,2HAIRWOM~ OLIVA: if you have copies ef case law, Miss Wickham, would you submit? MS. WiCKHAH: I wi£1 submit in. I den'n have seven copies, so I'll submit ~hem later today_ C~AIRWOMAN OLIVA: Mr. Goehringer? February 26, 2004 1 5 ? 10 15 18 1P 2O 21 22 2~ ~5 BOARD MEMBER GOEHRINGER: No further comment at this uime. CHAIRWOMAN OLIVA: Mr_ Dinizio? BOA~_D MEHBER DINIZIO: Yes. I can't get by Ehis principal and accessory structure, Gall. I don'E knov~ where the Zoning Board has the power to grant a variance of the law. MS. WICK~!2~: That's your charge. BOARD MEMBER DIN±ZIO: No, I'm sorry. If iE says in our code iu's net permiuEed, ¢~e can't say it's permiuEed_ MS. WiCKE~PI: You're nee permitted uo puu a house closer t~an ten feet uo a line, bu~ you can grant thaE variance_ BOARD MEMBER DINiZIO: That's se. That's un~er nonconforming uses, and our code specifically - MS_ WICKH~'{: You granted uhe yariance in 5058, you granted Ehat variance. BO~.D MEMBER DINIZIO: Whan i'm saying to you is it's only me personally Ehat this parEieular application wouldn'n even Se before us if this were on a lon t~at had a house. MS_ WICKH~4: Right. BOARD MEMBER DINIZ±O: You'd have in and it would be wonderful, but our code says, you don't have a house, you can't have a tennis court_ MS. WICKHYl{: We want you Uo say it's okay to defer nhe building of tha~ house so we don'U nave uo go Ehrough extraordinary expense of adding another house to the neighborhood so that we can tiara a Uennis nexE Eo an~ across the sEreeE from a house Ehau we alreadf own. I think it's clearly BOARD MEMBER DINIZIO: Where in our cede does it say that we can do that, Ehat iE says we can defer? We defer uhe co~e say ?au cannot Rave -- you can have a building permie for an accessory wiEhout principal; where does it say thaE · can Oo tha~? MS. WICKHAM: It doesn'n say tha~ specifically. I~ charges you as the Zoning Beard of Appeals wieh authority ~e vary the provisions of the code where you feel the February 26, 2004 7 8 10 11 12 lB 17 18 ~0 21 ~2 ~3 2~ cri~eria we talked about are met. BOARD MEMBER DINIZ±O: I agree. One of the criteria in our code is if you want to build on a let, you have to have a principal structure. That's eno ef our criteria. MS. WICKH~I: That's the one we're asking to you vary. BOARD MEMBER DINIZIO: I ~on'E see how you can grant a variance on particular part of the law. I don't know how we can say, OR, yon jus~ go ahead and de i~. MS. WICKHAM: Hew de you decide w~at you'can grant a ~ariance on and what you can't? BOARD MEMBER DINIZIO: Because there is a part in our code that says, if have a nonconforming use, yon may ~e ~his, this and this, you can grant relief. MS. WICKH~: That's net a nonconforming. I don't think ~ha~'s related te this argument_ BOARD MEMBER DINIZIO: We deal mostly with that_ I don't knew tha~ someone can come in to us and say, unless you're asking for what Mr. Hughes -- unless you're asking for a Use Variance tha~ you want to put unis particular use in this piece of property, I'm having a hard ~ime getting pas~ the fact tha~ a principal s~ructure is required en this piece of preperUy before you put a -- MS. WiCKHY2~{: The use is a tennis court. The character o~ use is principal versus accessory. And ~hau's what we're asking you ~o vary here. But the use of a ~ennis court is permitted_ It's not like we're asking you to pu~ up a s~opping cen~er, er a sign, or something that's net allowed here in the code. I~'s something that's acknowledged ~o be appropriaue in a residential neighborhood_ CHAIRWO~tm2~ OLIVA: As an accessory use. MS_ wICKH~I'~: As an accessory use, h~at is correct. }~d we are saying ~hat we have the t?pes ef situations - circumstances here tha~ ameliorate the reason that law was enacted, so that ~eu don't have an isolated Pebruary 26, 200% 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 accessory use away from someboOy's residence where they're net going te sepervise it, they're net going to take care of it_ That was the basis when I objected in that other case, 5058, thaE was my concern that Ehere be a presence immediately there in the neighborhood to address the reason that law was passed_ BOrAteD HEMBER TORTOPA: Wait a minute. You're making a lob of assumptions. You're assuming that is why the legislative body enacte~ this. Az~d that's a big jump. You're assumi~lg ~haE ~he legislatix~e body ~aid, we do non wsnn to have accessory uses siEEing on lets by themsel~es because they'd be unattended. I don't ~now thaE for a fact, and i don't know hew you would possibly know Eha~ as a facE. MS. WICK~2s~: I can't imagine any other reason it would be. BOARD HEHBER TORTOPA: That's speculation. MS. WICK~2{: No, but thaE's the reason_ I mean, if leu look at why would somebody pass a law ~ha~ says that, ~here's go~ to be a rational basis. I'm suggesting to you that that's the rational basis for that provision, and thaE we have addressed that BOARD MEHBER DINIZIO: All righE. Let's gee to the meat of this thing. MS. WICKHAM: Okay_ BOARD HEMBER DINIZIO: Then the reason why you want to put an eccessor5' structure on this piece ef property without a principal is to save your equit}~. HS. WI,2Y~[: Correct. BOARD MEMBER DINIZiO: How ~ees the Town get invel'ved in that? Why shoul~ we? MS_ WICKHAi.~: Because you're a Zoning Board ef Appeals, and you're Oalancing the equities. Wrong. You're balancing the benefits and the ~etriments. BOA~_D MEHBER DiNIZIO: RighE, I agree. MS. WICK~.d: The detrimenE Eo the applicant if this is not allowed, is that they have to lose a significant amount of equity_ February 26, 2004 1 2 3 4 5 7 8 9 10 ll 12 13 14 lb 16 17 18 19 2O 21 22 23 24 2S The benefit -- BO.At~D MEMBER DINIZIO: That's onl? if they cheese to build the tennis court. MS. WICKH2~I: That's right. That's why we're here. We want Ce build a tennis court, and if we do it without a house, we have to lose equity or we've gee te add another house to the neighborhood, which we don't want to have te do. BOI~_D MEMBER DINIZIO: Wait, wha~ ± see here, they don't want Eo put it on the piece ef property they have a house on, why? MS. WICKHY2~: There's net ene~gh sufficient room. BOARD MEMBER DINIZIO: I pretty much assumed that_ Mow the/ went ou~ and got another lot to give them enough room. It's another lot_ MS. WICKMAM: Well, t~e}' have had that in the family for years. BO~D MEMBER DINIZIO: Why don't they enlarge their property to Lhe point where thai- can affor~ te actually put uhis ena piece of property that they own, that has a principal structure and meets t~e code? MS. W±CKHAM: Whl~ shoul{ the Town force them to de that if the consequence of n~at is going to be a severe financial hardship withouE creating a significant detriment te the neighborhood? f~%d t~ey can build the house. BOA±{D MEMBER DiNIZIO: Their hardship is self imposed. The Town has nothing at all to de with their hardship. MS. WICKM2~{: Yes, it is_ Many variances are self imposed. BOARD MEMBER DINIZIO: No. I can tell you, ne, they're net. CHAIRWOPT~2,[ OhiVA: Mr. Dinizio and Miss Wickham, why don'~ you supply us wiEN your memorandums of law and we will discuss it_ And I want to see if anybody else in the audience has ank~ questmons. MS. WICK½~{: Thank l,ou, fine. CHAIRWOM~ OLIVA: Sir_ MR. GIZ~,IELLI: Good morning, i'm Frank Gianelli, and i'm a neighOer. I doN't know why I'm nervous, i get nerYous aE these February 26, 2004 1 2 3 4 b 7 9 10 11 12 13 15 16 17 18 19 2O 21 22 23 25 things. CHAIRWOI%AN OLIVA: D,sn't be, we're nice peepie. We don'5 bite. MR. GIf~ELLI: I have had conversations, and thank you for letting me come, because I couldn't make last monEh's meeEing. I actually came to say than I was semi in favor of putting the tennzs cour5 where it is, but after hearing some inconsistencies, i'm acEually- my dander is up. There was a pein5 where there was a Oulldozer across the stree5 regrading things, ~aking Ureas down, tha5 I thought it was pare of a Building Department process teat i jus5 assumed was okay to do. Then I hear, again, inconsistencies about the pile of dirt that was across tee street, i am still in favor of a tennis court, bun I don'5 know whau's real anymore. I don'5 ~now if, i~ fact, w~en people say allow 5hem to put a tennis courE, then when 5hel- go te sell the proper51 nba5 the 5ennis court will not be sold with the properEy. You knew, we all know that the Building Department is overworked and certainly doesn't have tee staff 5o see ~hat. Again, I don't know ~he laws, but nhere has to De a more definitive way el, if, in fact, you do allow 5he tennis conrt 5hat, in facE, if it's sold that the tennis cour5 is removed. I could imagine if the tennis cour~ was allowed te stay and a house put in fron5 of it, 5hen somebody's going 5o come here and sa~~, well, ~he tennis cour5 is preexisEing, allow us te Duild a bigger house, 5hen again gassing closer ~o 5he street. Another inconsistency, nba5 again upseEs me, there was no acknowledgmen~ that I live Oirect£y across ~he streeE. Hy property -- again, I don't have a full survey -- is at least half of where the tennis court is going to be, if non more. Se I'd like te leek into t~at. So I am east, directly east, and I'm ~he person ~hat's going Eo be at 7:00 - CHAIRWOMP~,[ OLI\~: Do ,sou have the new house or the brawn house? HR. GIAi,IELLI: S~san's is the brawn house, mine is uhe renovated house. We February 26, 200~ 6 7 8 10 11 13 14 15 16 17 18 19 20 21 22 moved ~o Orient in hopes that I would reEire here and the thoughu of - CHAIRWOM~,I OLIVA: I knew where yon are. HR. GIzAiqELLI: So I believe there's an inconsistency about the fact where the tennis couru is going uo be. So Ehese inconsistencies make me very apprehensive to sa~, go ahead and put a tennis court in. For those reasons that, my wife feels, some of the neighbors feel, some of the neighbors who did not attend here today, maybe iu is better to have a house so that we ca~ sorU of police, let's say somebeOy can puli[ up in a car, park across Ehe street from m~ house and play ~ennis, and I have no way of knowing if it is a stranger, .kids can come across_ We Ealked about the advanEage tee for Susan to hate the properuy next deer and sue would he able uo monitor. Obviously, you can't be there 24 7, and there ara ~imes in the year, especially in the fall, where a child can come and play on ~he courts. I just have lo~s of quesEions and if ma}~e we would find one a little bin more about what we talked aSou~ in Earms of putting something uo Suffer the noise, ute sound. Keep it consistent with one of ute things Ehat the neighbors asked me to say, ~he Bartinos, just remember iE is a residenEial area without providing parking for the tennis courts, where are the people going to park to gee to the Eennis courts. At last mouth's hearing Robert Hughes had mentioned ~hau someone had stood up saying that they were given permission uo play tennis, again, no~ a family member, hoe someone else. Again, how do we sEop tha~ Eennis court -- which we can't -- from being used from sun up to s~mdown. So I guess if ~here aren'E any other quesEions that you guys have of me, would ~e cerEainly glad to jus~ say, I'm just not happy about issues like things where people said the dire - ~hat dirt was not of t~at hole. That {ire came -- in fact, the Lauhams had tolO me they ha~ seen a very large Oump truck dropping the soil there. MS. GARDNER: The dirt that was in =~, 200% 1 2 3 6 ? $ 10 11 12 13 16 17 18 2O 21 22 23 2S that pile please? came from the hole, the sand. HR. GIDJ~ELLI: Can I sit down CE~IRWOr,ga2~ OLIVA: Yes, thank you. MS. KOWALSKi: You ~ave to use.She mike and state your name, please, before you speak. MS. GARDNER: Susan Gardner_ And i nave the house across the street, and I'm co-owner of the house across ~he street, co owner of the house to the seu~h_ The dirt that's piled there came fram the Test hole_ I was there when they did it_ He, Gary Tabor came, dug a hole, took That dirt out and Then came and dumped sand in. I asked him to spread dirt around. He said it's just got junk and recks in i~. It would be worse to spread around in there, an~ they would reuse it when they were digging up te put fill underneath The tennis court, which is why it was there. The tennis court will be locked. There will Se no issue ef parking, since we are ~he people using the ~ennis court, and we have our house and our car right There. We're going to walk right across the street and play tennis_ There will ~e no parking en that lot. If you do ne~ grant tRe variance, i am an architect, I am prepared and have submitted plans to show a house and I will build a house there. Ail right. With the house, there will be a rental tenanT, a driveway, cars and whoever ~he re~tal tenant wants to use the tennis court, will be permitted to use iT. I de~'t see where there's any question here that we're trying to do something uhat's better for ~he neighborhood, not worse_ We've owneO this leu, my partner has owned this lot before we bougtlt the house nex~ doer, right. We purchased The Rouse next doer fram ~%' mather_ It's vacan~ mast ef tne year. No use, no tenants, we own four lo~s on that black_ The lot nex~ te us is a Ouilda~le let, we could build a house on it. We have ne intention of doing thaT. We have a vacant piece of property that we would like ~o get some benefit out of far my ki~s. ¼et's build a tennis court en it_ But if you deny it, I E'ebruar~=~ 26, 20,34 2 3 4 5 6 7 8 9 10 11 12 13 15 16 18 19 2O 21 22 29 25 will build a house with a tennis court. CHAIRWOPLL N OLIVA: {'h~nk -~my questions? If no~ I'il move close the hearing and reserve decision until la%er. BO~D MEMBER GOEHRI~[GER: Second. CHAIRWO~{~i OLIVD: Ail in favor? [~hereupon, all 8oard Hembers respon{ed in favor.) CHA IRNOM~,~ OLIVA: Opposed? So moved. Thank you for coming in_ CHAIRWOP~[,I OLIVA: Our next applicauion is Trencheny at South Lane in East Marion_ And they have submitted other plans because the neighbor had requesned, I believe, a 21 foot setback ra~her than ute one that was And is Aggie here? MR. NOT~O: Actually, I'm hero submitted. today. you? C~Lm_IRWOk,L~2.[ OLIVA: Good, how are MR. NOTARO: My name is Frank Notate. I'm the architect for Mr. and Mrs. Trencheny_ After last month's mee~ing and a leuter that was receis-ed by Mr. Trencheny, he requested us to lock az various options and c[uestions zhaz you had also_ We have showed the second floor setback new a~ 7'6"_ You Nad requested a little bit less than that but in works out and uha client is happy with that solution. The client asked us ue explore possibly a compromise between his original request and the recfuest by his neighbor, Mr. Thorpe, and we came up with a number ef 17'6", which is splitting the difference between the two. My client feels than that is a workable solution eo what they're leaking for. This will be a permanent house at eno point in the future. Right new my client cannot be here, they just gave birth to a baby and they're ~nd of involved at this point. By the way, we have not received any feedback from Mr. Trencheny regarding Mr. Thorpe, so I don't think he got any additional feedback on that_ Perhaps you have received a letter subsequently. So basically, that's what we have done since the last meeting_ February 26, 200~ TAX Z 0 N80°44'OO'E 165.00' Moin Rood 0 8 0 CD ~J 0 © ~U_/'A/'tB. GARPMF~Z, ARCHITECT 255 ~ 22,'tDJq-. .,I~.W YORK flY 10010 212-~1-7-5625 212-725-4994: ~AX 1100 YOU/IGJ' ROAD O[~IF~J~IT,/'IY 11957 b51-52~-2725 651-525-0000 P,~ PROPO../'D2 ~ COURT POR MARTHA CA_/'./'II2Y 1015 YOUFIC,~/' ROAD ORIP--FIT, FlY 11957 ~ITE PLAFl 26 PEB. 2003 _/'CAL~ 1"=40' FORIVI NO. 3 NOTICE OF DISAPPROVAL TO: Susan Gardner A/C Cassidy 1015 Yotmgs Road Orient, NY 11957 Please take notice that your application dated March 7, _00.~ For permit to construct a temfis court at Location of property 1015 Young's Road, Orient DATE: March 10, 2003 3d~[ENDED: May 6, 2003 RENEWED: November 3, 2003 NOV 0 ~3 2003 County Tax Map No. 1000 - Section 18 Blockl Lot 3 Is returned herewith and disapproved on the following grotmds: The construction is not permitted pursuant to Article IIL~_, Section 100-30A. 1, which states; "In an R-40 District, no building, or premises shall be used and no building or part of a buildine shall be erected or altered which is arranged, intended or desi~med to be used, in whole or in part, for an,/uses except the following: A. Permitted uses: (1) Same as § 100-3 lA of the Agricultural-Conservation District. except that wineries are excluded. [,~-nended 11-29-1994 by L.L. No. 26-I994]." A tmmis conrt is not a permitted use. In addition, the proposed construction is not permitted pursua~t to Article XX[II. Section 100-23 l, which states, "Fences, walls or berms may be erected and maintained, subject to the follox~fnt height limitations: A. When located in the front yard of residential zones, the same shall not exceed four (4) feet in hei~_,ht. V~q~en located in the front yard of not,residential zones, the same shall not exceed six (6) feet in hei~ht. B. When located in or alon~ side and rear yards, the same shall not exceed six and one- half (6 1/2) feet inhei,~Ixt. The proposed tennis court fence measures ten feet in height. This Notice of Disapproval was amended on May 6. 2003. to include the fence height of ten feet. Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A_ APPLICATION'TO THE SOUTHOLD TOWN BOARD OF APPEALS For Office Use Only I ~.l~'fl /~- Fee: $ Filed By: Date Assigned/Assignment No. Office Notes: ParcelLocation: House No.1015 Street Youngs Road Hamlet Orient ~sq. ft SCTM1000 Section 18 Block 1 Lot(s) 3 LotSlze33,000.,"ZoneDistrict R-40 I (WE) .APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: MarchZ~0,2003 amended May 6, 2003 Applieant/Owner(g);_B. Martha Cassidy c/o AbigAil A. Wickham, Attorney Marling Addr~s: P.O. Box 1424, 13015 Main Road, Mattituck, N.Y. 11952~__ .... Telephone: 631-g98-8353 ' NOTE: Ir applicant is not the a~)ner, state ir applicant is owner s alto~ey, agent, architect, builder, cnn/tact ~endee, etc. Authorized Representative: ~igail A. Wic~am, Attornev_ [i ..... yr.' ?~,:~ .~.~'-' Address: P.O. Box 1424, 13015 Main Road, Mattituck, N.Y. 11952 Telephone: 631-298-8353 Please specify who you wish correspondence tO be mailed to, from the above list.ed nam.es: ~ Applicant/Owner(s) ~ Authorized Representative [] Other: 55,~IEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED February 27, 2003 FOR: ~ Building Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction [] Other: Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article ZlZ k Section 100- 3o~.1 Subsection Type of Appeal. An Appeal is made for: [] A Variance to the Zoning Code or Zoning Map. [] A Variance due to lack of access required by New York Town Law-Section 280-A. [] Interpretation of rite Town Code, Article Section 13 Reversal or Other A prior appeal [] has ~ has not been made with respect to this property UNDER Appeal No. Year _. Page 2 et3 - Appeal Application ......................... Part A: AREA VARIANCE REASONS (attach extra sheet as needed): PLEASE SEE ATTACHED SHEET (:1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detflmen, t to nearby propert!es, if granted, because: (2) The benefit sought by the.applicant CANNOT be achieved by some method feasible l,or the applicant fo pursue, other than an area variance, because: (3) The amount of relief requested is not substantial because: (4) The variance will NOT have an adverse effect or impact on the physical or enWronmentai conditions in the neighborhood or district because: (5) Has the variance been self-treat,ed? (x) Yes, or (: ) No. If not, is the construction existing, as built? { ) yes, or (x) No. (6) Additional information about the surrounding topography and building areas that relate fo the difficulty Jn meel,Jng the code requirements: (attach extra sheet as needed) This is the MINIMUM that .is riecessary and adequate, and af the same time preserves and protects the characl,er, of the neighborhood and the health, safety, and well'are o! the community. ( ) Check l,hls box and complete PART B, Quest,ions on next page fo apply USE VARIANCE STANDARDS. (Please conslull, your aflorney.:] OfherwJse,~pleas,e proceed fo the siqnafure and . notary area b. elow. i~'~a!u e of., ,..~ ~an~f or~/~ ' Swo~efore me this (Agent must submit A fh~rizafio from Owne~) ~av ~..(~..~., 200~. ~ B. Martha Cassidy ZBA Apg 9~ 0,'02 Part A: AREA VARIANCE REASONS (1) The temtis court, which xvill be unlighted, wSll be in the rear yard, (i_e., behind applicable set back and buildh~g area for a residence) and is actually accessory to ~the owner's nearby residence_ The green vin3q covered chain link fence will blend into the landscaping and the green Hartm court surface, and ~411 be lower (6 ½') on the front and rear yard center sections of the court. (2) To comply, a residence xvould have to also be constructed now. Wltile the owner intends to build in the furore, she prefers not to add another residence to the neighborhood at this time. An effective tennis court fence requires the height proposed. (3) The otzly "structure" above grade is the fence, and the court is designed so a residence could be built in the future without a variance. The fence x~"ill be tmobtrusive and in the rear of the property. (4) The court and fence are both minimal structures and will be unlighted. (5) The applicant prefers to build her house later rather than now, creating the accessory structure first_ (6) The typical problem of accessory structures without a prim,'u?T building is answered because applicant's residence is nearby and the proposed use will be maintained and attractive. re,,karparta Page 3 o! 3 - Appeal Application The use of the property for a tennis court is permitted use, provided a principal building (residence) exists. We see~not to vary the permitted use of a tennis court/ but rather the existence of that use in the absence of the primary structure: PaN B: REASONS FOR USE VARIANCE ~ requested~: For Each and Every Permiff.ed Use under the Zoning Regulations for the Particular DJsh'Jct Where the Project is Located (please consult your attorney before completing): 1. Applicant cannot realize a reasonable return for each arid every permiffed use under the zoning regulatiO ,ns:[or the particular district where the properly is located, demonstrated by competent financial evidenf;e. The appllcanf CANNOT realize a REASONABLE RETURN because: (describe on a sel~arate sheet}. Appli~t.'s. annual real property tax_nu~iay:isJ~$ 432.93 No financial retnrn is available on a vanant lot so applicant seeks p~rmission to use the ~r~pert~ f6r ~ ~nl~is c~uzt. . ine a.egL:~d:narasn,p rela.ng to the properly is unique because: This l.ot, opposite applicant's residence, is ~za~nt and although of sufficient size to allow a tennis court ~nd~_ residence, a .re~sidence is not desired at this time. 3. The alleged hardship does not apply fo a substantial podJon of the district or neighborhood because: There are few or no vacant lots owned by other persons owning improved properties in the neighborhood. 4. The request will not alter the essential character of the neighborhood because: A tennis court is permitted in the district and the applicant's residence is in close proximity. 5. The alleged hardship has not been sell-created because: It is self-created only in that applicant does not wish to add another residence to the neighborhood at this time. 6. This Is the minimum relief necessary, while at the same time preserving and protecting the character of the neighborhood, and the health, safety and welfare of the community. (Please explain on a separate sheet if necessary.} If a residence were applied for now, the appliation could be granted. 7. The spidt o! the ordinance will be observed, public safety and wel[are will be secured, and subsfanflal~]ustice wiJJ be done because: (Please explain on a separate sheet if necessary.) See above and attached. As applicant lives nearby, accessory structure will be monitored. ( x ) Check this box and complete PART A, Questions on previous page fo apply. AREA VARIANCE STANDARDS. (Please consult your altomey.) Otherwise, please proceed fo the sl.qnature and notary area below. //_l_~ Signature o! Appellant or Authon~ Agent Sworn fo.be.~o/r~,,/n~e~Js o ,~ (Ag"ent must submit Authorization from Owner] acl~ ot~/..~.~::'Z.~.,~-~....., 200~/ ~-~,~,,,,. c~-;.~.~- Pu'"' No. 31.,.49703~LT ..... L~ Tory ~lic) Ouarlfie d in S u.~. o, .1~i~.~, .....? zl~A Apt~ 9/3o,'oz PROJECT DESCRIPTION (Please include with Z.B.A. Application) Applicant(s): $. Mar~ha Cassidy I, If building is existing and alteratiot]s/additions/renovations are propnscd: A. Please give the dimensions and overall square footage of extensions beyond existin~ boildin~: Dimensions/size: N/A...' Square footage:. B. Please gSve the dimensions and square footage of new proposed foundation areas which do n3t extend beyond the existing building: Dimensions/size: N/A Sqdare footage: II. Ifltmdis vacant: Please give dimensions and overall square footage of new construction: Dimensiorr:size: Tennis Count 50' x 108' and fence around - see Below Square footage: 5.4oo .q_q_ e+ Height:Fence lO' on ends and f~r~- panel oF each s~d~..- 6½'.:middle sections on sides of court - see below III. Purpose and use of new construction requested in this application: Tennis Count - unlighted with flartru (crushed stone) surface. Iv' Additional information about the surrounding contours or nearby buildings that relate to the difficulty in meeting the code requirement(s): Applicant's res~d~n~ is on a lot directly a~w~ ~h~ ~ew~t V. Please submit seven (7) photos/sets after staking comers of the proposed new construction. - 7/02 £leaxe note: Furth er changes, after s~b.'nirting the abo~.e ii%formation, must be F/aced in writing and m<v ?equire a neu' Notice qf Disa~proval to .thew changes to the inttial filan~. ~f addiriot~al tim~ i~ neede& please contact our qffice, or filea~e ch~ck wi~h Buildi~g Department (765 ]802) crAp?als Departraent (765-I80¢ ('I')'ott are not sure. Thank k, ou. QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION Is tho subject pr~nises listed on the real estate marl~ for sale? [] Yes [] No Are there any proposes ~ change or ~mr land contours? [] Yes [] No (minimal regrading) 1) Are there an3' areas that contain wetland grasses? No 2) Are the wetland areas shox~aa on the map submitted with this application? 3) Is the property bulk headed between the wetlands area and the upland building area? 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? Is them a depression or sloping elevation near the area of proposed construction at or bdow five feet above meah sca level? No (If not applicable, state "n/a".) Are there an3' patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? ~qo (If none exist, please state Do you have an), construction taking place at this time concerning your premises9_ No If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. G. Do you or any co-owner also o~m other land close to this parcel? Yes If yes, please explain where or submit copies of deeds. 2000-18-2-10 (half interest in residence); 1000-18-2-11 and 1000-18-1-4 (half interest in residence) H. Please list present usc or operations conducted at this parcel Vat,ntt--... t~":,'z :: c:. ~: ....... .,. and proposeduse Unlicrhted tennis court and fence Aufi~Sr}/zed Signathre ~--~--Dfite [ ..... ' '"'~' )2PPLICANT '"'-" TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town' officers and emplo,,,ees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of intermit and allow it to 'rake whatever action is 3ecessary to avoid same. YOURNAME: I~. Martha Cassidy (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATUIq_E OF APPLICATION: (Check all that apply.) Tax Grievance Variance x Change of Zone Approval of Plat Exemption from Plat or Official Map Other If "Other", name the activify: Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship x,~ith any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Tox~m officer or employee has even a partial ownership of (or employment by) a corporation in which the Tox~ officer or employe~ ox,ms, more than 5% of the YES NO x If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person emploTed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest m a non-corporate entity (when the applican~ is not a corporation); C) an officer, director, partner, or employee of the applicant; or __ D) the' actual applicant. DESCRiPTION OF KELATIONSHIP ~ubmkted tNr~ ~ ~ ~ 9:tay.a.f May, 2003 Print N_mne: *~. Ma~tha CaSsltd_v/ ;;c~;cr I~. ~UMeE~ I 617-21 SE(~ I -Appendix C SLate Environmental Ouailly Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMAllON (To be completed by Applicant or project sponsor) 'B. Martha Cassidy I Tennis Court M.nlcl~allt~ Orient Coumv Suffolk 1015 Youngs Road, Orient, N.Y. SCT~# 100-18-1-3 [~] Nevt ~-I E~o;ins;~n r-~ M~dlfl c; ~km/a~le ,i t Ion Crushed stone tennis court 50' x 108' and 10' fence ~a~nc~ ~equir~ to::b~i~d ac~essory~st~uct~e~ion~..~cant'lot 9. WHAT IS PR~ENT ~ND USE IN VICINI~ OF PROJE~ . - ~ No II m% I~l agen~sl an~ perm. UzgDre?als Southold To~ Building Dep~rtment- . Building. Permit , CERT,~ THAT THE INFORMATION PROVIOED ABOVE ~ TRUE TO THE BEST OF MY ~NOWLEDGE I ,llh. acllonisinlheCoast~lArea, andyou ~re. slaloagency, comple(elne I .C°asia. Assessmepl Form belore proceeding wilh Ibis assessmen( OVER 1 CONSENT Re: SCTM# 1000-18-1-3 Premises: 1015 Youngs Avenue, Orient, New York 11957 I, B. Martha Cassidy, the o~mer of the above referenced property., consents to Abigail A. Wickham of Wicklmm, Wickham & Bressler, P.C.; Susan B. Gardner, architect, or any of their representatives and/or agents, to make applications necessary for the approval of construction of an accessory tennis court and fence on a vacant parcel to the Town of Southold Building Department. This consent shall include al[appearances, submissions, and any other applications for notice of disapproval and variance application to the Southold Town Zoning Board of Appeals, au:d any other agency having jurisdiction over such matters or any related matters. Dated: May/3, 2003 B. Martha Cassid3~ ] 21~o~en& ERIC J, BRESSLER ABISA]LA, WICKHAM LYNNE M. GORDON JANET SEASA LAW OFFICES WICKHAM, BF~E$$LER, GOF~DON & GEASA, P.c. i301S MAIN ROAD, P.O. BOX I424 MATTItUCK, lONO ISLAND NEW YORK II952 631-R98-8353 Telefax NO. 63i-~98-8565 wwblaw@aol.com No~ ember 3, 2003 Town of Southold Zorfing Board of Appeals 53095 Main Road, Post Office Box 1179 Southold, New York 11971 Re: B. Martha Cassidy, Tennis Court 1015 Youngs Avenue, Orient, New York SCTM# 1000-18-1-3 Ladies and Gentlemen: We enclose the following papers, in seven sets, for construction of an accessory structure: Te~mis Courk on a vacant lot: l. Copy of Notice o£ Disapproval dated March 11, 2003, 2. Application to Southold Town Board of Appeals; 3. Shot~ Em h-onmental Assessment Form; 4. Questionnaire for Filing ZBA Application; 5. Trar~sactional Disclosm'e Fo~wn; 6. Project Description and photos; 7. Original site plan and information site plan showing house could be added; 8. Appealfee of $150.00; 9. Copy of the tax map; 10. Receipt fi:om Building Department (original set only). 11. Consent of Ox~mers. amend, ed Ma~' 6. 2003: 30 .vlutzbm'a encl 4_4 I[lb ERIC J. BRESSLER ABIGAILA. WICKHAM LYNNE M. GORDON LAW OFFICES WICKHAM, BRESSLER, ~RDON ~ GEASA, P.C. 13015 MAIN ROAD, P.O. BOX 14~4 MATTITUCK, LONG ISLAND NEW YORK 1195~ 63[-~98-8353 TELEFAX NO. 631-~98-8565 wwblaw@aoi.com WILLIAM WiCKHAM (o~-o~l MELVILLE OFFICE ~75 BROAD HOLLOW ROAD SUITE Iii MELVILLE. NEWYORK II747 November 3, 2003 Tox~a of Southold Building Depamnent Southold Town Hall 53095 Main Road Post Office Box 1179 Southold, New' York 11971 Re: B. Martha Cassidy, Tennis Court 1015 Youngs Avenue, Orient, New York SCTM# 1000-18-1-3 Gentlemen/Ladies: Enclosed is a copy of the vmim~ce application being submitted today in this matter, pttrsuant to your previous Notice of Disapproval. Please sign the bottom of the attached copy of this letter to evidence receipt_ Very truly yours, Abigail A. Wickham AA 30,~shdbdl Encl. Received on November-~, 2003 Har.Tru® SURFACING PP. PRODUCT PRESENTATION The basic ingredient in Har-Tru surfacing originated in th~ 1930's. Tennis court builders in the US were searching for a surfacing materiaL that could compete favorably with a European porous court sur- face that was replacing grass and clay courts. A Pennsylvania green- stone was the answer. Extensive experimentation with the greenstone resulted in the most effective particle gradients for surface stability and porosity. The new sur- facing was introduced with a fast drying quality superior to its Euro- pean competitor. By 1932, the distinctive gray-green courts~ the color of [he natural stone, were already becoming a prominent feature on the tennis circuit. In 1936, the West Side Tennis Club in Forest Hills, NY decided to add Har-Tru courts to its facility. And again In I97'4, the Har-Tru Corporation was contracted to build [he center court at Forest Hills, replacing the tradition- al grass court with its fast-drying sudace for the U,S. Open Cham- pionship. Many other tournaments have also been played on Har-Tru such as the Canadian Open and the U.S. Clay Courts Championships. Har-Tru surfacing is the original fast drying tennis court surface material. It is crushed metabasalt, igneous reck. The processed greenstone is extremely hard and natural green in color. The Har-Tru process involves controlled crushing and screening for proper gradations. The particles are then blended with a gypsum binder to form a homogeneous mixture. The strictest quality control manufacturing assures its uniform consistency and natural color. 2 ,'OVERALL PRODUCT IN PLACE '~"" Cross Section of Har-Tru Tennis Court FENCE FENCEPOST CONCRETE~ EARTH TS,,'TECHNICAL SUPPORT Specifications for a Har-Tru® Tennis Court A. SITE WORK: A well drained area should be chosen. All trees and growth including root systems should be removed. Aisc remove top soil and other unsuitable soils to clay or hardpan base. Excavation should be sdf- ficientiy deep to allow finished surface to be six inches above adjacent grade. If possible, all fill should be allowed to settle through one Winter If this is not possible, fill should be placed in layers of not more than six inches, then rolled, with moisture added to extremely dry soils. Compaction must be 95°°. When grading area, aIlow at least three feet beyond all curb or fence lines, and more if a major cut is required. Courts should run as close to North and South as possible. Rough grading to be within plus or minus one inch of finished sub- grade. Area to be graded in one plane with a slope of one inch in twenty-four feet, slope to be in direction most advan- tageous for drainage. B. SPRINKLER SYSTEM: A sprinkler system is recommended stead of watering by hand. Piping and valves should be installed prior to leveling the stone. The stand pipes and sptink~er heads should be installed after surface is completed. The system should have ade- quate sprinklers to provide full coverage of the court area. Extensive research should be made prior to the final decision on [he sprinkler system as to water pressure and the gallons pet' minute. C. CURB: A brick curb is placed around the penme- ter of the court battery. This is a single brick laid flat end to end imbedded in mortar, on a stone base. This type curb is designed to float wit~ frost and should last indefinitely. The finished curb eleva- tion shall be one-half inch below the finished grade level, and The courts sur- face shalt be tapered from eighteen inches ou~ to rneet it. D. STONE BASE; T~e base of a fast-dry court is designed for two functions. First, it must be as stable as a water bound macadam to support the surfacing layer Materials that tend to shift or crawl when rolled, or move wt~en subjected to freezing and thawing should be avoided. Secondly, the base must be porous to absorb excess waler from the sur[ace course to allow play immediately after a rain. This absorbed water is later fed back to the sur[ace to keep it moist for best play. While a crushed stone is preferred, other base materials such as cinders, slag, pit gravel, or washed lime rock may be used. Aver- age thickness of stone to be four inches. Recommended gradation of stone base Size % Passing 1". ............................. 100% ~.~". ............................ 95-100 ~". ............................. 60 80% No. 4. ........................... 16- 60% No. 40 ....................... 10- 35% No, 200 ....................... 1- 5"~ Recommended gradation ct screenings (Leveling Course) Size ........................... % Passing ~". ............................... 100% NO.4 ............................. 80-100% NO 100 .......................... 02535/HAR BuyLine 2692 E. COURT SURFACING: .' On the finished stone base, a one and one quarter inch (1" compacted) layer of HAR-TRU,* sun'acing is placed using screed strips and straightedge. Since the stone base was placed to grade, the surface screeds t1!~" thickl are placed flat and only checked for accurac$ E POSTS AND FOUNDATIONS: Posts can be installed at completion of stone base, but recommended [o be installed after surface is laid. Post founda- tions shall be 30" x 18" x 30'. Founda- tions shall also be so situated as to provide a clear distance between posts of 42'. Foundations shall be so designed and poured and the posts so set as not to cause cracking or other damage to finished courts. G. NET POSTS AND SLEEVES: Net posts to be 3" in diameter and installed in accordance with rules of the U.S.~A. H. CENTERGUIDES: Centerguides to be galvanized pipe in- sta~led 18" in ground with proper pin to a~tach centerstrap hasp. I. PLAYING LINES: Playing lines shall be firmly held in place by 2~,? aluminum nails. Playing lines shall be two ~nches wide, accurately positioned in accordance with regulations otthe U.S.T.A. NOTE: Owner to do all necessary work to give contractor access to each b~t~ery of courts. Aisc, la provide necessary, water and electric~ly for construction purposes. ROBERT S. HUGHES 1025 PETE'S H1LL ROAD P.O. BOX 605 ORIENT, NEW YORK 11957 Februar3T 25, 2004 Chairwoman Ruth OLiva Southold Town Zoning Board of Appeals Southold Town Hall 53095 Main Road PO Box 1 ! 79 Southold, New York 11971 BY HAND RE: i Zoning Appeal No. 5457 of B. Martha Cassidy Dear Chairwoman Oliva, Thank you and the other members of the ZBA very much for allowing me to proceed with my length3' presentation at your last meeting. I want to take this opportunity to reiterate my opposition to this application as it has been presented and to respond to two issues which concern me and remain open at this point_ Please have this letter included in the record of this application. First, the issue of drainage is very important. The applicant, through her attorney, asserted that no extra fill has been deposited on the subject prope~r_ This is untrue. There is a pile of dirt on the property w~ich is not the result ora test hole being dug_ How much more fill is going to be placed on the parcel? Second, the idea proposed at the heating in Jammry, that the applicant would promise not to sell the lot xxfth the tennis court, on it, would create all sorts of problems relating to enforcement_ Even if the promise is incorporated into covenants and restrictions ~4fich are then recorded, this is no guarantee_ Who is going to entbrce the covenants if the applicant does sell the property to a third part5'? The nei~odabors, even if they have the 17mmxcial resources to file suit, probably wotdd not have legal standing. It would be up to the Town of Southold to file suit, if it had the time, money and inclination to do so. lifts proposal places the burden for compliance in the ~Tong place - on the neighbors and the to_xpayers of Southold Town. This is especially inappropriate, considering that the applicant can merge the subject parcel with the parcel to the south and avoid all of these problems_ I strongly urge you to deny this present application. Thank you very much for your attention to my concerns, ffyou have any questions, please feel free to contact me at 323-2644. CC: Mr. Gerard Goehringer Ms. Lydia Tortora Mr_ Vincent Orlando Mr_ James Dinizio / ' / /" "' /'7 ~Robe~ S. Hughes. y...~>, LA~ OFFICES W[CKltAM, BRESSLER, GORDON & GEASA P.C. WILLLIAM \~2CKH~d~I (06-02) ERiC J. [tRESSLER ABIGAIL A. WICKIJ~U~I LYNNE M. GORDON JzM',IE T GEASA 13015 M~MN ROAI). P.O. BOX 1424 MATTITUCK, LONG ISLAND NEW YORK 11952 631-298-8353 IELEF~AX NO. 631-298-8565 January20,2004 MELVJ~LE OFFICE 275 BROAD HOLLOW RD SUITE 111 MELVILLE. N.Y. 11747 631-249-9480 F:UX NO. 631-249-9484 Tox~ of Southold Zon/ng Board of Appeals 53095 blain Road, Post Office Box 1179 Southold. New York 11971 Re: Cassidy, #5457 Ladies and Gantlemen: We request that you hold this heating as scheduled, ill that notice was timely given. At the hearing you will of course be in a better position to determine whether an adjourmnent would be appropriate. I will, in the meantime, suggest that my client contact the gentleman requesting the adjourmnent directly to see to discuss the matter. ¥ eD truly > ours, AA fi' dm l shdzba /Abigail A. Wickham ~-- ~ JAN. 20. 2004 11:36AM N~.= PLAN & CONST ~ / , ,.q,' ',.-,,:. / ¢¢Memorandum/Fax 269 Me~r S~, 5~ Floor New Y~k, N.Y. 10003 Telephon~: (212) 998-1A00 (212) 995~025 ~0.~9~ P. 2 [] Urgent [] For review El Please comment [] Please reply [] As Discussed APPEALS BOARD MEMBERS Ruth D. Oliva, ChairwomarF Ger~d E Goehr. inger Lydia A. Tortora Vincent Orlando James Dinizio, Jr. http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD April 13, 2004 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, NY i1971-0959 Tel. (631) 765-1809 Fax (631) 765-9064 Mrs. B. Martha Cassidy C/o Abigail A. Wickham, Esq. Wickham Bressler Gordon & Geasa, P.C. 13015 Main Road P.O. Box 1424 Mattituck, NY 11952 Re: Appl. No. 5475 - Variance Request (Tennis Court on Vacant Lot) Dear Mrs. Cassidy and ham: Enclosed please find a copy of the Board's Findings'and Determination rendered on April 8, 2004. The original was filed today with the Office of the Town Clerk for permanent recordkeeping. Thank you. Very truly yours, Enclosure Copy of Decision 4/13/04 to: Building Department Einda Kowalski LA[~ OFFICES WICKHAM, BRESSLER, GORDON & GEASA P.C. 13015 ~AIN ROAD. P O. BOX 1424 NLA. TTITUCK, LONG ISL.~ND NEW YORK 11952 631-298-8353 TELEFAX NO. 631-298-8565 MELVILLE OFFICE 275 BROAD HOI_LOW RD SUI I'E 111 MELX, qJ-LE, N.Y. 11747 631-249-9480 F_42~ NO. 631-249-9484 November 4. 2003 Tox~ of Southold Zoning Board of Appeals 53095 Main Road, Post Office Box 1179 Southold, New York 11971 Re: B. Martha Cassidy- Tennis Court SCTM # 1000-18-1-3 Ladies and Gentlemen: Enclosed are the original and six (6) copies of Part B and a check lbr $400.00. Since a tennis court is a pe,mitted use and we seek a varimme to construct it without a a primaD; strucrttre, xxe tlfink this is not a "use" variance and therefore should be treated as an area variance, but submit the fee and forms as per yottr guidelines. Very truly )-ours, rt'lb · shdzba 'Abigail A. Wic rkham ELIZABETH A. NE~-]~.T,]~, Town Hall 53095 Main Road TOWN CLERK REGISTRAR OF VITAL STATISTICS iViARRL~GE OFFICER RECORDS IVIANAGEMENT OFFICER FREEDOM OF INFOP,,M-ATION OFFICER P_O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 sou~holdtown.nor~lffor k_net OFFICE OF THE TOWel CLERK TOWN OF SOUTHOLD TO: Southold Toxxm Zoning Board of Appeals FROM: Elizabeth A. Neville, Southold Town Clerk DATED: November 12, 2003 Zoning AppeaI No. 5457' Transmitted herex~Sth is Zoning Appeal No. 5457 of B. Martha Cassidy by Abigail A. Wickhan~ for a variance. Also included is: ZBA Questionnaire; Project Description; Applicant Transactional Disclosure Form; Short Environmental Assessment Fonu; transmittal letter fi.om A. Wic~kham dated November 3, 2003; copy of letter to Building Deparnuent giving notice of tli¢ application of the variance; Notice of Disapproval dated March 10, 2003, amended May 6, 2003; Building Department notice to applicant that changes may require further review; £our (4) photographs; letter of authorization; site plans (2); andcopy of tax map. Town Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 11/12/03 Transaction(s): 1 Application Fees Receipt#: 102011603 Subtotal $550.00 Check#: 10201/1603 Total Paid: $550.00 Name: Cassidy. B Martha 8 Thomsen Road Hampton, NH 03842 Clerk ID: LINDAC Internal ID: 83325 TOWN OF SOUTHOLD PROPERTY RECORD CARD '-- .. ?../- OWNER S~TREE~' / (..') / ~.~" VILLAGE DIST. SUB. LOT S ~ f [~ r TYPE'OF BUILDING .ES. SEAS. VL. "~'/t FARM COMM. CB. MISC, Mkt, Value DATE ; REMARKS -r:~-~.~ ,~ 0 0 ~, 4;''~ ' LAND IMP. TOTAL ~ n ~ e ~ //X ~.'" ~ x'/~,"~,~X,,..~,,,,::~ ~,.,,.~. ~ / t f F' , L~ , '' AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value 'illable 1 'illable 2 t~ -'.. 'illoble 3 ¢oodlond wompl.end FRONTAGE ON WATER rushlend I ERONTAGE ON ROAD louse Plot DEPTH BULKHEAD oral DOCK LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, JANUARY 22, 2004 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at ~he Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971°0959, on Thursday, January 22, 2004, at th-e time noted below (or as soon thereafter as possible): 10:00 AM MARTHA CASSIDY #5457. Request for Variances under Sections 100-30A.1 and 100-231, based on the Building Department's March 10, 2003 Notice of Disapproval, amended May 6, 2003, for the following reasons: (1) a tennis court is not a permitted use on a vacant lot, and (2) the proposed tennis court fence will exceed the code limitations of four ft. maximum height along or within front yard areas, six ft. maximum height along side and rear yards when a principal use is existing). Location of Property: 1015 Youngs Avenue, Orient; CTM 18-1-3. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. I~iles are available for review during regular business hours. If you have questions, please do not hesitate to call (631) 765-1809. Dated: December 23, 2003. RUTH D. OLIVA, CHAIRWOMAN BOARD OF APPEALS ~/egal$'from preceding page · Variances. under Sections 100- 30A 1' ~ 100-23i, based on LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDA'x; JANUARY 22, the Building· Department's March lp, 2003 Notice of Disapprova( amended 'May 6, 2003, for tli~ following reasons: ( 1 ). a tenn/~ court, is not a permit- STANKEWICZ #5458..Request 2004 PUBLIC HE~LRINGS ~t~d use o~a Vacant, lot; and (2) for a Variance under Section· NOTICE IS~ HE-REBY the..ptop0}~.temds court.fence 100-244B;- based . on the GIVEN, pursuant to SedfiOfl 267 ,~4ll exce{d :the code limitations Bu//diug. Department's July: 23, 6f the :Town Law and ~hapter of four 'fi: maximfiff~ height 2003 Notice of Disappjoval, }00 (Zor~ing), Code of'the-Town along or Within frunf 3;ard ~treas, concerning a proposed addition of Southold,'the following:pub-' six ft maximum height along atlOssthan40feerfromthefi-_o,nt' lie hearings will be held b~;'the side and rear yards when a pr/n- properV7. line, at 1705:~I-[enry s SOUTHOLD ToWN BOARD dpal use is existing)_ Location Lane: Pecoaic; Parcel 744~8 - OF APPEALS at the'toWn Hail, of. Propert~r: 1015.' Yotmgs 1:00 PM FR.~ ~ JOHN 53095 Main Road, P.O. B~x Avenue, Ohcnt~ CTM 18-i·-3. MCGUIRE #546~ 1179~ Sonthold, New . Yox:k 1.0:10v , ''A2M JOSEPH a Variance under Se~b~ 100- 11971:0959, on ~h~'~'~Sh¥~ TREN~.~i~453..~ 242A"~nd 100-244, :lS~ed on Jan _ 22 2004 at the' times fog a 3garianc¢ unde~ Section the. B,uilding Depai~anent's noted belb~ (or as soon tbdere- ~0~,-,2:44gf,:L.'base?[ ~, 6~-- /he' ]q0vomber I7, 2003 ?lqotic~ afrer-~.spossible): ---~7~- t~mmmff De~art~ffi s August of Disapproval/.7 ~mended' 9:35 AM JOSEPH GULM~I 25, 2003 Nolice of Disapproval, and sugAtq BRAVER GULMI concerning additions and alter- g5340, Request for~ a VaiSunce ations proposed with a total side under Se~fien 100-~3, baSed_ on yard ar0a at less'than 25 feet, at the' 'Biff!ding Department's 120 South. Yane, EaSt .Marion; March 4, 2003 ~otice of Pamel 37-6-~.2. Di~approval. Applicants. propdse 10:15· AM SAMLrE[ and a swimming pool, accessory ISABELLE, 'DISTAS~ #5454. gar~a~geandaccesscrryshedinan Request f&~:a Variance under area other.than the re.quOted rear Section 100~244B, baSed on the ya/~ .at 250 Piiie ~fe~' Court, Building-D~gar~ent'sl October Cu~libg¢~; Pari:el 98;1'~%1i. 16, 2003 Ndhce of Disapproval, 9:4~. ~ WtLBI31~_ OSEER for proposed[additions dud alter~ g54-5l[- R&tuest for ~ orions to.thejexistmg single f~rn- und~ S~etion 100~239,.4B, ily dwell/ng-wiih a front yard based on the Building setback at less than 35 feet, at Department's September 30, 125 Yotmgs.,Aveune,.-Southold; 2003 Notice of Disapproval, Parcel,61-4-40. con~oming'apomhaddi,fi~npm- 10:20 AIV[ pATRIZIA ZAN_ posed at less than 75 ·feet from BONI #5452 Request for a the;bulkhead, at 8070 Peconic Variance under Section 100- Bay Boulevard, Laurel; Parcel 244B, based on the Builthng 126-1. l- 17_ Department'S A~t 22, 2003 9~0 AM WILLIAM and Notice of Disapprox al, amended _CA~._ OL GILLOOLY #5456. Augus~ 25L 2003, concerning a RecLueSt for a Reversal of the new single~,f¢a/r~l.~ y dwelling with Bitildin~ Department's October a front ygrd §etback at less than 31,12003 Notice of Disapproval, 35 fe~t~ .:after demolishing the and'or Variance under Section' e~isting . building at. 1385 '10~30A.4 (re£ 100-333, eon- Mirmehaha Boulevard, ceZMng an as-bulk detached South01d;.Parcel 87-3-23. · garage located in a yard other 10:30 A~ REID MAHAFFY than a rear yard, at 605 Village #54551 Request for a Variance Lan~,,Orient; Parcel 25-2-20 21 under Section '100-244B, based t'0:00 AM 'MARTHA CAS- on the Building department's SI1~.¥-' #5457. Request for September 5,?_00~ Notice of Disapproval, concerning an Department's July ~ 2003 addition proposed at les~ than 40 Notice of Disappr0~ al2'a'meaded feet from the froot lot lifi~, at Septem'ber'23. 21,q)J. 7705 Ba)wiew Road,. Somh01d; the Ioca~oa ora oaraffe m ri, ear Parcel 7%4-18. olher than the req4me rear xar&. 10:40 AM CA2ItY at 495 Maple: Lane~ 'O/ie.m'; Parcel l'-2-&l.:. 1:40 Pg[ ~Sl~15~ hnd BAI~ B A IL~.'.. -E [C FILEI~ ii~:~d546~ Reqffesi for:z. -¥iiri~4e~ Secant? 100z~39. zL~?bnsed Npvembe? .-'21 less than'100 fe~f~m thehto~;~.i the ~land So, un& ;at.S:fT0-lg X iew &vetme, ~;_~uth01c~' Iqo}?_mber 2.1, 2003 .concerning *5461 addinons and altem~O~ts, pro- tmderS_'~b-fiofi:100~gd4:'bh~dt~a, posed at less tha~a 15'ffd~ Oh one he B/~'Oifi~"t~.'m-r~ de an0., less than 35,/e~t for Octobet 9,4, both kide yards ar 3630~.North Sea Drive, Orient; .P~:..154, NAzigglthe~.~g0~gs0~n.c~-m[?~g Variance under Sec~o~ }00- Department s Nover~r 17 2:00 2003 Not~ce. of D~reval~ ~>407 ~oucemmg additmr;s/..a't-t~mttous \ arrance.: imder: (under constrUc-ti'q~d7 . BP · 244B, g290421 issued 9/'~9/02~at less De,,ar~em'sl}eoefi~l~erT~0.tj~ than 33 feet fi-om th%fi'oat lot Notice ot'.,Disap~meak-am~nd line, 2445 h~haha ed DeSem~ber.~ 20'0J~ dOUc~m- B6ulevard, Sonthold;-Ea~cel 87- mg ,~n*~offc{Mod:ptb36sed.at 347. than 35ffe~ 1:20 PM HELEN S~RATI- ' s ....... line. at ¥[!~ .S[erl~u~..P[ace. GOS #5459. Requesi for' a Greeoport Far~'e134:~50.; Variance under Section 100- 2:!0' PM RiCI~KRD arid 244B, based on the Building DORO'[Fpf -P.OGGI ~5468. Department's October ? 2003 RequdSL. ~r-~a~Vmianc~%under uncemin a ecund-stoTy addi-' firm propi~sed, over th~ existing 244.' basid dwelling, with a single,aide yard "' ' .... Deparrmem s, ~DecethBOrz~ 10 at less than l0 feet, andbothside 2003 NO-rice' ~'D'i~a~roval. yards at less than 25 feet, at Applicant} p~rop~e- a. 'cafl- 1500 Sound Beach' Drive, the ardraok¢ Pamel 106 i'-33. 1':3.0 PM EDWIN:~EVES #5462. Request for ~;'~,¥ariance. side: 9~z~r~'~i~..'l~sg, ~a,'rt under Section 100-30~4 (ref. feel 100233), based on die'Bhilding ' ' '~ ' ~ ..... -' Onem .-ParLe -,-4-2-1~ ft. patcel:":nOi;- Location o~::'/'~ ~P' (>vga. k ,- ' ~!4' ~':~.;~1.9 NOTICE OF HEARING A public hearing will be held by the Southold Town Appeals Board at Town Hall, 53095 Main Road, Southold, concerning this property: NAME-. CASSIDY, MARTHA 5457 MAP #: 18-1-3 APPEAL: USE & HEIGHT PROJECT: TENNIS COURT & FENCE DATE: THURS. JANUARY 22 10:00 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days betweer~ the hours of 8am and 3pm ZONING BOARD- TOWN OF SOUTHOLD- 765-1809