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Home My WebLink About6359 Page 4- June 10~ 2010 ZBA File#6359 - Jay P. Mandelbaum CTM: 1000-70-13-20.15 Vote of the Board: Ayes: Members Goehringer, Dinizio, I'geisman ('Chairperson), Schneider. (Absent was: Member Horning) This Resolution was duly adopted (4-0). Leslie Kanes Weisman, Ch,'iirperson Approved for filing ~Z~ //fL/2010 / RECEIVED j!JN 16 2010 wa Clerl~ BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard P. Goehfinger George Homing Ken Schneider http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Southold Town Hall 53095 Main Road ° P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 August 10, 2010 Harvey A. Amoff Attomey at Law 206 Roanoke Avenue Riverhea/~k~ 1 RE: 7)#63 ~andelbaum DearklE~r~nSl~f: The Board has received and reviewed your letter dated July 15, 2010 requesting the re- opening of the hearing on ZBA decision #6539/Mandelbaum (proposed tennis court). By Resolution at the Special Meeting of August 6, 2010, the Board voted to deny re-opening the hearing to reconsider the height of the fence. Leslie Kanes Weisman Chairperson/Department Head BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Hoor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 July 23, 2010 Harvey A. Amoff Attorney at Law 206 Roanoke Avenue Riverhead,/~1901 ERie :arZMBr.~ Mandelbaum I have received and reviewed your letter dated July 15, 2010 requesting the re-opening of the hearing on ZBA decision #6539/Mandelbaum (proposed tennis court). I am forwarding a copy to all Board members and will schedule this item for possible Board Resolution on the agenda of either the next Regular Meeting on July 29, 2010 or the next Special Meeting on August 18, 2010 as time permits. I will inform you in writing of the Board's decision immediately after our deliberation. Sincerely, Chairperson/Department Head BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http:#southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 July 15, 2010 Harvey A. Arnoff Attorney at Law 206 Roanoke Avenue Riverhead, NY 11901 RE: ZB~Mandelbaum Dear Mr.~Amoff:. : In response to your letter dated July 7, 2010, the Zoning Board members voted by Resolution at the Special Meeting of July 13, 2010, to grant the thirty (30) day extension you requested in order to complete the requirements of the Conditional Approval on the above referenced decision. Accordingly, the required Covenants and Restrictions must be approved by the town attorneys' office, filed with the Suffolk County Clerk and a certified copy submitted to the Zoning Board office by August 16, 2010. If you have any questions, please call the office. Chairperson HARVEY A. ARNOFF Attorney At Law 206 Roanoke Avenue, Riverhead, NY 11901-2794 (631) 727-3904 Harvey A. Arnoff Paul K. Siepmann Lindsey M. Albinski Par=legal Colleen Grattan-Arnoff, R.N., LNC Leslie Kanes Weisman, Chairperson and Members of the Board Zoning Board of Appeals Town of Southold 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 July 15, 2010 Fax No.: (631) 72%3940* *Not for service of legal papers email: harnoff@arnofflaw, com Of Counsel George F. Biondo Richard A. Hammer Thomas G. Nolan VIA FACSIMILE (765-9064) & REGULAR MAIL RE: 920 Kimberly Lane, Southold, NewYork Tax Map ~ 1000-70-13-20.15 ZBA #,.6~J - Mandelbaum Dear Ms. Weisman and Members of the Board: Having received 'your decision in regard to the above, entitled matter, my client embarked upon determining what the immediate effect of same would be on his project. Obviously, the Board is well aware that a 6 and % foot fence will not be sufficient around any tonnis ccu.-t ~,~ an appropriate enclosure. My clie~ts immediate went out to asce~ain what the cost would be to "drop" the court down a sufficient number of feet in order to make the final product useable. It was determined that the cost to accomplish this would be approximately between $35,000,00 and $50,000.00. I am prepared to furnish the Board with estimates of that if it is necessary. What I am requesting is that the Board reschedule this matter for a hearing to revisit if, at all possible, its determination as to the height of the fence. I recognize that this is an unusual request but, under the circumstances, I am certain that none of us anticipated that the final cost to come into compliance with your Board's determination would increase the cost of the project by nearly $50,000.00. LAW OFFICES OF HARVEY A. ARNOFF Leslie Kanes Weisman, Chairperson and Members of the Board July 15, 2010 Page -2- As usual, I would like to take the opportunity to thank the Board for its many courtesies. I shall await your response. HAA:dr cc: Mr. Jay Mandelbaum BOARD MEMBERS rjF SOU Southold Town Hall Leslie Kanes Weisman,Chairperson �0�� ry�lO 53095 Main Road• P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora .1L Office Location: Eric Dantes y� Town Annex/First Floor, Robert Lehnert,Jr. COQ 54375 Main Road(at Youngs Avenue) Nicholas Planamento �l,Ycou Southold, NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.,(631)_765-1809•Fax(631)765-9064 August 25, 2021 Martin Finnegan Twomey Latham Shea Kelly, et al P.O. Box 9398 Riverhead,NY 11901 RE: Request for Extension Appeal No. 6359, Mandelbaum SCTM No. 1000-70-13-20.15 Dear Mr. Finnegan; On August 10, 20211 received your correspondence dated August 9, 2021 requesting an extension of the required time frame in which your client agreed,to comply with the Zoning Board's conditions of approval for an accessory tennis court on a lot without a principal use (dwelling). In that June 10, 2010 determination(ZBA File#6359)your client was required to commence construction of a conforming single-family dwelling and to obtain a Certificate of Occupancy from the Building Department by November 30, 2021. Furthermore, failure to do so would extinguish,the temporary certificate of occupancy,for the tennis court,which would subsequently have to be removed by January 31, 2022. Also, as a condition of approval by the ZBA, on December 14, 2010, your client filed with.the Suffolk County Clerk, a•binding Declaration of Covenants and Restrictions (C &R's) agreeing to all of the conditions of approval set forth in the June 2010 ZBA determination. In.your letter you explained that the Mandelbaum family has been planning the construction of a dwelling on the subject property for some time, that the design and survey work was delayed by the ongoing pandemic, a building permit was disapproved on August 4, 2021, and that a requisite area variance application will be promptly submitted. During the Special Meeting of August 19, 2021, members of the Zoning Board of Appeals and the Town Attorney reviewed and discussed your request. The Board members unanimously felt that your client willingly entered into the terms of approval by signing and filing the required C&R's,that the eleven-year time frame granted by the Board was more than sufficient for your client to have complied with the approval by constructing a conforming dwelling on the subject property, and that there is insufficient justification to extend,that deadline. In addition,the filed C &R's run with the land and can only be modified by a majority vote plus one at a public hearing, and that the terms of the C &R's shall prevail. Mandelbaum, SCTM No. 1000-70-13-20.15 Page 2 Feel free to contact our office if you have any further questions or concerns. I will instruct the office to send a copy of this letter to the Building Department. Sinre Xo � esiene eisman _ 1 Chairperson cc: Michael Verity, Chief Building Inspector William Duffy, Town Attorney f f Twomey VALatham JHEX, XELLG ! , M+'V'U IN & VVAPTAREARO, LLP Martin D.Finnegan a l,ran,r.s,A.Thucamey,if Martin (1!)4L--201 4) Etephon U.Lathsrn John R Shea,Ili 631-727-2180,x-265 Christopher 0.Kellpy n;aviaN1 nubs :, �niinntgan%su11o1klati�.Gc�m .day R Quartaarnro 1 (August 9, 2021 Pate' M Molt �yY hand Janice I„snead Anne Marie Goodale Mg, Leslie Kanes Weisman, Chairperson Bryssa 0,Vett Cott Kothryr=Mail, Zoning Board of Appeals ;_aura 1.Ounathan Patrick n,s-ita, i P.O. Box 1179 .Marlin0 Fnnegan Southold, NY 11971-0959 ,Jeffrey W.,Pagano Re: Variance Extension Request—ZBA File#6359 Bryt;tr.},t mgo i Premises: 924 Kimberly Lane,Southold,NY H ,gF�i Hr:.Handler S fiuil ii CmBernadetteC:TM#1000-70-13-20.1.5 �� Alexeandra t a!ssy-Stcafoli � Mellgba 5.Doris ;. Katenn-,i a inko !'Dear Chairperson Weisman and Members ofthe.Board: I arrarro Pa€:oleo Terr6nae nussell Daniel R,tirrnard to This office represents Jay Mandetbaum who was granted a variance by the Ghnsbr<a Pus Noon R Ch�,dvvick Cneds Zoning Board of Appeal on June 14,2010 by way of Determination 6359 of 2010, for the construction,of a tennis court on the subject vacant lot.The variance CF COUNSEL approval was conditioned upon a covenant by the:owner to construct a single-family E_k,nt �ET�tS F'i€7n't43r11"li� � leekCl it roe residence on the property by November-,a0,2021. Although the Mandetbaum il Kelly L. Kinfrons ; Family'has been planning the construction for some tinge, the design and,survey Karp¢l A.Hoeg patr,nid J:Russell I work was delayed by the onslaught of development triggered by the ongoing Jannrter R Nigro 6 pandemic. The Mandel baum's,application.for a building permit was disapproved on August 4,2621 and they will be submitting the requisite area variance application.as 9 CdY F LA H.�SvS a ,r.Axn2r_a promptly as possible. Nav W a;s.trfis AT We are respectfully requesting a two ear extension of the aforesaid �� {�� construction deadline;to enable the Mandelbaums,to seek the,required variance 33 Wast Sev.ond St. relief and commence construction of a residence on the property to satisfy the F P.O. heBox s a condition set forth in the 2010 variance. Please let m'e know if you have an E�tvrta�a�t.�t1Y1f�t11 � y Y 631.727.2 1 1 80 questions or require any further information to process this request. sr.rffotktaw.00m Thank you for your consideration, ery truly 7 urs, negian MDF/as cc: Kim Fuentes Bill Duffy, Town Attorney 0 Twomey VA' Latham Be Well Advised.® IMPORTANT:The contents of this email and any attachments are confidential.They are intended forthe named recipient{s}only If you have received this email by mistake,please notify the sender immediately and do not disclose the contents to anyone or make copies thereof. ATTENTION:This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. 2 HARVEY A. ARNOFF Attorney At Law 206 Roanoke Avenue, Riverhead, NY 11901-2794 (631) 727-3904 Harvey A. Arnoff Paul K. Siepmann Lindsey M. Albinski Paralegal Colleen Grattan-Arnoff, R.N., LNC Leslie Kanes Weisman, Chairperson and Members of the Board Zoning Board of Appeals Town of Southold 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 July 7, 2010 Fax No.: (631) 727-3940* *Not for service of legal papers email: harnoff~arnofflaw, com Of Counsel George F. Biondo Richard A. Hammer Thomas G. Nolan VIA FACSIMILE (765-9064) & REGULAR MAIL RE: 920 Kimberly Lane, Southold, NewYork Tax Map No. 1000-70-13-20.15 ZBA ~a.- Mandelbaum Dear Ms. Weisman and Members of the Board: By your resolution dated June 11,2010, certain requirements were placed upon the applicant, as well as the undersigned which were time limited. The most significant one was the fact, the Board required that certain documents be filed with the Suffolk County Clerk within ~hi.,t.y (30) day~ ~'~ fha da.*e of the deci~io~ Because of my client's personal family problems, I was unable to speak with him until July 6, 2010. Consequently, I am requesting that I be afforded additional thirty (30) days to complete the requisite filings as required by the Board's decision. HAA:dr cc: Mr. Jay Mandelbaum Should any additional information be needed to accomplish this, kindly advise. Otherwise, I shall await your decision in this regard. Very .kjO~dS~t r..e~rds, /' Harvey Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 _v --Southolu Tom Cleri F~DINGS, DEL~E~TIONS ~D DETE~INATION MEET~G OF ~NE 10, 2010 ZBA FILE: #6359 NAME OF APPLICANT: Jay P. Mandelbaum SCTM# 1000-70-13-20.15 PROPERTY LOCATION: 920 Kimberly Lane (North Bayview Road and Roxanne Road) Southold, NY 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 further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated January 5, 2010 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP: This application is not subject to review under Chapter 268 because the variance relief requested does not involve features that relate to a regulated natural feature or a bulkhead or other shoreline. PROPERTY FACTS/DESCRIPTION: The subject property is a vacant 40,707 square feet parcel located in an R- 40 District. This lot is a part of the Map of Paradise by the Bay filed November 4, 1976 with the Suffolk County Clerk as Map number 6463. The properly contains three front yards; 145.00 feet along North Bayview Road, 179.12 feet along Roxanne Road, 97.58 feet on Kimberly Lane and with 259.00 feet on the south property line._The proposed tennis court is shown on the site survey submitted, drawn by Samuels & Steelman, dated Sept 15, 2009, and revised Feb. 24, 2010. BASIS OF APPLICATION: Request for Variance from Code Section 280-13 and 280-105A, based on an application for building permit to build a tennis court on a vacant lot, and the Building Inspector's October 2, 2009, Amended February 25, 2010 Notice of Disapproval stating that the use of a tennis court is not permitted on a vacant lot (without a principal dwelling) and the tennis court fence will exceed the code limit of 4 feet in height. Location of Property: 920 Kimberly Lane, (North Bayview Rd. & Roxanne Rd.) Southold, NY; CTM # 70- 13-20.15. (Paradise by the Bay subdivision) RELIEF REQUESTED: The applicant proposes to construct an accessory tennis court in a conforming location on a lot that is construed to be a vacant parcel without the benefit of a principal dwelling, and to construct a fence 10 feet in height, whereas Town Code specifies a 4 foot maximum height in a front yard and a 6 foot maximum height in the side and rear yards. ADDITIONAL INFORMATION: The Board received the requested survey showing a proposed building envelope, a landscape plan, the proposed style offence and ingress and egress from the property on Kimberly Lane Page 2- June 10, 2010 ZBA Fi1¢#6359 - Jay P. Mand¢lbaum CTM: 1000-70-13-2015 F1ND1NGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application March 25, 2010 and May 20, 2010, 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 following facts to be true and relevant and makes the following f'mdings: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Town Law §267-b(3~(b't(D. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The Zoning Code does not authorize construction of accessory structures on this vacant parcel, except those that receive variance approval. In many situations, the Zoning Board of Appeals has denied variance requests for an accessory structure on vacant lots. All these requests must be considered separately and individually under use variance standards, especially because the code requires a single-family dwelling or other permitted principal building to be in existence prior to an approval by the Building Inspector of a building permit, for such an accessory structure. In this case, the applicant owns two vacant lots, on opposite comers, and his house is on the lot across the street. The character of the neighborhood is comprised of one-acre lots with many waterfront parcels, and the majority of these parcels are already improved with single- family dwellings. The Board has determined that the addition of this particular tennis court, albeit on a vacant parcel, but restricted by the additional conditions as set forth in this decision, will not change the residential character of the neighborhood, or be a detriment to other properties. 2. Town Law §267-b(3}(b}(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The applicant owns a single-family dwelling on the parcel across the street, which is a waterfront lot, and there is not enough area to construct a private tennis court. 3. Town Law §267-b{3){b}{3). The variance granted herein is substantial. The applicant is seeking a 100% relief from the code. However, the applicant is willing to place covenants and restrictions on the property that would mitigate neighborhood concerns and other foreseeable future conflicts. 4. Town Law §267-bi3~ib}(4} No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The Board has tailored this decision to address both the specific request of the Applicant, and the documented response from the majority of the neighbors who spoke and provided written testimony at the Public hearing. Neighbors expressed concern that the natural landscape remains as unchanged as possible along North Bayview Road, and that no lighting is allowed. Some neighbors suggested that no fencing be allowed, the Applicant suggested a particular style of fencing, and this Board has determined to allow for fencing customary to tennis courts. The Applicant submitted a landscape plan that screens the tennis court from both North Bayview Road and Roxanne Road. The proposed covenants and restrictions further address all the expressed concerns. 5. Town Law §267-b{3)(b)(5}. The difficulty has been self-created. The applicant could have proposed the tennis court on his house lot, however, this is a waterfront lot and the tennis court would have to be placed in the front yard, which already contains an in-ground swimming pool. 6. Town Law §267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an accessory tennis court while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. If the Board were interested in conditioning the vacant parcel for a specific time, it would give the applicant a time in which to construct a principal dwelling on the parcel. The applicant would then be able to use and enjoy the tennis court and if he chose not to build a single- family dwelling, the tennis court would be removed. This conditional time period approval would be contingent upon the present fee owner continuing to own the improved parcel across the street, identified as SCTM#1000-70- 13-20.5. It can be accomplished by placing covenants and restrictions on both parcelsl~'n consideration of the Page 3- June 10, 2010 ZBA File#6359- Jay P. Mande[baum balancing test, the Board has determined that the benefit to the applicant with these Covenants and Restrictions applied, outweighs the detriment to the community. 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 Goehringer, seconded by Member Dinizio, and duly carried, to GRANT OF CONDITIONAL APPROVAL, of the variance as applied for, to this FEE OWNER ONLY, and shown on the Landscape plan prepared by Lisa Bynon Garden Design dated received by ZBA on May 14, 2010 and Site Plan prepared 9/15/09, revised 2/24/10, by Samuels and Steelman, Architects. Covenants and Restrictions shall be placed on this parcel and be made part of this decision, and shall be filed with the Suffolk County Clerk within thirty (30) days of the filing of this decision with the Southold Town Clerk. Conditions: 1. Allow only the construction of an unlighted tennis court on the subject parcel. 2. The variance for the fence used in conjunction with the tennis court shall be black chain link and not to exceed 6.5 feet in height. 3. Plantings on North Bayview Road and Roxanne Road shall screen the court on the two sides and be a minimum height of eight (8) feet, continuously maintained. 4. The period of use, starts at the date of the execution of this decision. Prior to the use of said tennis Court owner must obtain a temporary Certificate of Occupancy. 5. During this period the present fee owner of this property must commence construction of a single family dwelling and obtain a certificate of occupancy, at which time, the Building Inspector can issue a permanent certificate of occupancy for the tennis court. If the fee owner chooses not to construct a conforming dwelling within this period, the fee owner must remove the tennis court and place the property back to its original before construction 6. If for any reason the fee owner/applicant sells the property or upon his demise, his inheritants must remove the tennis court within sixty (60) days of the termination date certain which is November 30, 2021. 7. If the tennis court is not removed by January 31, 2022, the Town of Sonthold Highway Department can enter the parcel for the sole purpose of demolition of the tennis court. The Town of Southold may charge the fee owner a sum of twice the actual cost of removal. The fee cannot exceed the total amount of $36,000.00 for the removal of the tennis court, the fencing and any other charges the Town may incur. This fee charge will be placed upon the title of this vacant parcel as a lien. The commencement of the removal will occur no later than two (2) weeks after a wrfften or verbal refusal to remove. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Before applying for a building permit~ the applicant or agent must submit to the Board of Appeals for approval and filing, two sets of the final siteplan and landscape plan conforming to the relief granted herein and reflecting the conditions/Covenants and Restrictions required in this decision, and two sets of the approved and filed Covenants and Restrictions. The ZBA will forward one set of approved, stamped drawings and filed Covenants and Restrictions to the Building Department. Failure to follow this procedure may result in the delay or denial of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase thc degree of nonconformity. HARVEY A. ARNOFF Attorney At Law 206 Roanoke Avenue, Riverhead, NY 11901-2794 (631) 727-3904 Harvey A. Arnoff Paul K. Siepmann Lindsey M. Albinski Paralegal Colleen Grattan-Arnoff, R.N., LNC Zoning Board of Appeals Town of Southold 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 Attn: Ms. Vicky Toth January 5,2011 RECEIVED JAN 1 0 201I BOARD OF AppEALS Fax No.: (631) 727-3940' *Not for service of legal papers e-mail: harnoff@arnofltaw, com Of Counsel George E Biondo Richard A. Hammer Thomas G. Nolan RE: 920 Kimberly Lane, Southold, NewYork Tax Map No. 1000-70-13-20.15 ZBA ~ - Mandelbaum Dear Ms. Toth: Enclosed herewith, please find a certified copy of the Declaration of Covenants and Restrictions filed on January 5, 2011 against the above referenced property. Thank you for your courtesies throughout this matter. PKS:dr Enclosure cc: Mr. Jay Mandelbaum Very truly yours, Paul K. Siepmann COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK CC#: Cll-562 RECEIVED JAN ] 0 BOARD OF AppEALS I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original DECLARATION recorded in my office on011051201'1 under Liber D00012647 and Page 782 and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 0110512011 SUFFOLK COUNTY CLERK JUDITH A. PASCALE SEAL RECEIVED BOARD OF APPEALS SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Number of Pages: 11 Receipt Number : 11-0001590 District: 1000 Recorded: At: 01/05/2011 03:11:33 PM LIBER: D00012647 PAGE: 782 Section: Block: Lot: 070.00 13.00 020.015 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $55.00 NO Handling $20.00 NO COE $5.00 NO NYS SRCHG $15.00 NO TP-584 $0.00 NO Notation $0.00 NO Cert. Copies $14.30 NO RPT $30.00 NO Fees Paid $139.30 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County Number ot"pages"' // RECEIVED jAN/ REC:ORDEO ...... .,c. J..[ ,:,c, · JUlY[TH P. PClqC:flLE This document will be public record. Please remove all Social Security Numbers prior to recording. BOARD OF APPEALS CLERK OF SUFFOLK COUNT? L ~00012647 P 782 I Deed / Mortgage Instrument Deed / Mortgage Tax Stamp I Recording / Filing Stamps FEES ,I Page / Filing Fee Handling 20. 00 TP-584 Notation EA-52 17 (County) EA-5217 (State) R.P.T.S.A. ,¢~ '~' Comm. of Ed. 5. 00 Affidavit Certified Copy X~t 3/5) ' NYS Surcharge 15. 00 Other 4 Dist. Real Property Tax Service Agency Verification 6 8 Sub Total Sub Total Grand Total 1000 0'7000 1.300 020015 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: 5 Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec./Assit. or Spec./Add. TOT. MTG. TAX Dual Town __ Dual County__ Held for Appointment Transfer Tax Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO If NO, see appropriate tax clause on page # __ of,dais instrument. ,Id - / .w lb Community Preservation Fund Consideration Amount $ CPF Tax Due $ Improved Vacant Land TD TD TD Mail to: Judith A. Pascale, Suffolk County Clerk 310 Center Drive, Riverhead, NY 11901 www. suffolkcountyny, gov/clerk Title # Title Information Suffolk County Recording & Endorsement Page This page forms part of the attached ~- °~,/~> made by: (SPECIFY TYPE OF INSTRUMENT) The premises herein is situated in SUFFOLK COUNTY, NEW YORK. TO In the TOWN of In the VILLAGE or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. 12-0104. lO/08kk (over) IMPORTANT NOTICE If the document you've just recorded is your SATISFACTION OF MOR'I~GAGE, please be aware of the following: If a portion of your monthly mortgage payment included your property taxes, *you will Now need to contact your local Town Tax Receiver so that you rnav be billed directly for all future ,property statements. Local property taxes are payable twice a year: on or before January 10· and on or before May 31st. Failure to make payments in a timely fashion could result in a penalty. Please contact your local Town Tax Receiver with any questions regarding property tax payment. Babylon Town Receiver of Taxes 200 East Sunrise Highway North Lindenhurst, N.Y. 11757 (631) 957-3004 Riverhead Town Receiver of Taxes 200 Howell Avenue Rlverhead, N.Y. 11901 (631) 727-3200 Brookhaven Town Receiver of Taxes One Independence Hill Farmingville, N.Y. 11738 (631) 451-9009 Shelter Island Town Receiver of Taxes Shelter Island Town Hall Shelter Island, N.Y. 11964 (631) 749-3338 East Hampton Town Receiver of Taxes 300 Pantigo Place East Hampton, N.Y. 11937 (631) 324-2770 Smithtown Town Receiver of Taxes 99 West Main Street Smithtown, N.Y. 11787 (631) 360-7610 Huntington Town Receiver of Taxes 100 Main Street Huntington, N.Y. 11743 {631) 351-3217 Southampton Town Receiver of Taxes 116 Hampton Road Southampton, N.Y. 11968 (631) 283-6514 Islip Town Receiver of Taxes 40 Nassau Avenue Islip, N.Y. 11751 (631) 224-5580 Southold Town Receiver of Taxes 53095 Main Street Southold, N.Y. 11971 (631) 765-1803 Sincerely, Judith A. Pascale Suffolk County Clerk 12-0104.. 06/06kd JAN i 0 ,:~',~i ~ DECLARATION OF COVENANTS AND RESTRIC'~.~) OF'qPP~ALS THIS DECLARATION, made this i~day of '~'~> (-,~r~b<~ , 2010, by Jay P. Mandelbaum and Lauren B. Gordon, residing at 1107 5m Avenue, No. 7N, New York, New York 10128, hereinafter referred to "Declarants', WlTNESSETH: WHEREAS, Dedarants are the owners of certain real property located at 920 Kimberly Lane, Town of Southold, County of Suffolk, State of New York, described in the Suffolk County Tax Map as District 1000, Section 70, Block 13, Lot 20.15, which is more particularly bounded and described as set forth in Schedule "A" annexed hereto, hereinafter referred to the "Property"; WHEREAS, the Declarants made an application to the Zoning Board of Appeals for a Variance under Sections 280-13 and 280-105a to build a tennis court on a vacant lot (without a principal dwelling) and a tennis court fence that exceeds the code limit of four (4) feet in height, and a public hearing on the application was held on March 25, 2010 and May 20, 2010, at which time the Board received written and oral evidence; WHEREAS, in a decision dated June 14, 2010, based upon all testimony, documentation, personal inspection of the Property, and other evidence, the Zoning Board of Appeals granted relief for a proposed tennis court as indicated on the landscape plan prepared by Lisa Bynon Garden Design, received by the Zoning Board of Appeals on May 14, 2010 and site plan prepared September 15, 2009, revised February 24, 2010, by Samuels and Steelman Architects, a reduced copy of each is attached hereto as .. RECEIVED~ Schedule" "' JAN BOARD OF WHEREAS, for ~nd in consideration ofthe gr~nting of said approwl,me ,,~LS Board of Appeals has deemed it in the best interests of the Town of Southold that the within Covenants and Restrictions be imposed on the Prope~y, and said Zoning Board of Appeals has required that the within Declaration be filed Jn the Suffolk County Clerk's O~ce; end WHEREAS, the Declarants have considered the foregoing and has dete~ined that same will be for the best interests of the Decl~rants and subsequent owners of the Property. NOW, THEREFORE, THIS DECLARATION WlTNESSETH: That the Declarants, for the purposes of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant and agree that the said premises herein described shall hereafter be subject to the Covenants and Restrictions as herein cited, which shall run with the land and shall be binding upon all pumhasers and holders of said lots, their heirs, executors, legal representatives, distributees, successors and assigns to wit: CONDITIONS OF APPROVAL: 1. The aforementioned approval is limited to the construction of an unlit tennis court on the subject Property. 2. The Variance granted for the fence, used in conjunction with the tennis court, requires a black, chain link fence, which is not to exceed six and one half feet (6 1/2') in height. -2- JAN ]_ 3. The tennis court shall be screened from view along b o~t Road and Roxanne Road by continuously maintained plantings, whose minimum height shall be eight feet (8'). 4. The period of use began on the date the decision was executed, June 14, 2010. 5. The owners must obtain a Temporary Certificate of Occupancy prior to the use of said tennis court in accordance with the decision of the Zoning Board of Appeals dated June 14, 2010. 6. During the period of the Temporary Certificate of Occupancy, the present fee owner of this Property must commence construction of a single family dwelling and obtain a Certificate of Occupancy. At which time, the Building Inspector can issue a permanent Certificate of Occupancy for the tennis court. If the fee owner chooses not to construct a conforming dwelling by November 30,2021, the fee owner must remove the ten nis court and place the Property back to its original condition. 7. If, for any reason, the fee owner sells the Property, or upon his demise, his inheritants must remove the tennis court within sixty (60) days of the termination date certain, which is November 30, 2021. 8. If the tennis court is not removed by January 31, 2022, the Town of Southold Highway Department can enter the Property for the sole purpose of the demolition of the tennis court. The Town of Southold may charge the fee owner the sum of twice the actual cost of removal. The fee cannot exceed the total amount ofThirty SixThousand Dollars and 00/100 ($36,000.00) for the removal of the tennis court, the fence and any other charges -3- that the Town may incur. This fee charged will placed upon the title of this valgi~l~ lot.as a lien. The commencement of the removal will occur no later than ~o (2) weeks after the wri~en or verbal refusal to remove. THE FOREGOING Covenants and Restri~ions shall run with the land and shall be binding on the Declarants, their heirs, assigns, purchasers, or successors in interest, and upon all persons or entities claiming under them, and may not be annulled, waived, changed, modified, terminated, revoked or amended by subsequent owners of the Prope~. If any section, subsection, paragraph, clause, phrase or provision of these Covenants and Restrictions shall, by a Cou~ of competent]urisdiction, be adjudged illegal, unla~ul, invalid or held to be unconstitutional, the same shall not affect the validity of these Covenants as a whole, or any other pa~ or provision hereof, other than the pa~ so adjudged to be illegal, invalid or unconstitutional. The aforementioned Covenants and Restrictions are intended for the benefit of and shall be enforceable by the Town of Southold, State of New York, by injunctive relief or by any other remedy in equity or at law. The failure of the Town of Southold or any of its agencies to enforce same shall not be deemed to affect the validity of this covenant, nor to impose any liability whatsoever upon the Town of Southold or any office or employee thereof. The within Covenants and Restrictions shall run with the land and shall be binding upon the Declarants and their successors and assigns, and upon all persons or entities claiming under them, and may not be annulled, waived, changed, modified, terminated, revoked or amended by subsequent owners of the Prope~y unless and until approved by a majority plus one vote of the Zoning Board of Appeals of the Town of Southold or its successor, following a public hearing. RECEIVED ~.~ JAN i 0 BOARD OF APPEALS IN WITNESS WHEREOF, the Declarants have duly executed this Declaration the day and year first above written. STATE OF NEW YORK ) )SS. COUNTYOF ~it~b5 ) On the ~6]L day of ~)P_(4~h, ~a..~ , in the year 2010, before me the undersigned, a Notary' Public in and for said State, personally appeared Jay P. Mandelbaum, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual or the persons on behalf of which the individual acted, executed the instrument. otary Public STATE OF NEW YORK ) JULfEODONNELL Notary Public, Stale of New York )SS. No 0~ OD600S471 COUNTY OF r~)) ) Qualit,ed in Kings County ~,// Commission Expires May 4, 20~f~7' On the ~ day of ~g6¢,~,w ~.,~. ~ , in the year 2010, before me the undersigned, a Notary Public in and for said St~te,'personally appeared Lauren B. Gordon, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual or the persons on behalf of which the individual acted, executed the instrument. Notary Public JULIE ODONNELL Notary Public, State of New York No. 01 OD6006471 -5- C~ualified in Kings County '/ EXHIBIT "A" Dist: 1000 Sec: 070.00 Block: 13.00 Lot: 020.015 80ARD OF ~PP~ALS ALL tha~ certain plot, piece or parcel of land, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, known and designated as Lot No. 15 on a certain map entitled, "Map of Paradise by the Bay" and filed in the Office of the Clerk of the County of Suffolk on November 4,1976 as Map No. 6463. Being and intended to be the same premises conveyed to the party of the first part herein by deed dated 7/1/99 from Joseph Comacchia, as Trustee, to be recorded simultaneously herewith. EXHIBIT "B" RECEIVED ~ BOARD OF APPEALS £XISTINC WATER MAJN NORTH BAY%"~' (VAR:. WIDTH) ~'~t ,~s~,~.'nc co~. P~. ~ VACANT ROXANNE (6o') ROAD S 84°22'20'' W N 84°22'20'' E 259.00' DWELL SITE LAN/ SCALE: 1" = 20 -0 SITE: 40,707 sf = 0.93 ac ZONING: R~O SURVEYOR: KEN WOYCHUK MATTITUCK, NY 1t952 LICENSE # 050227 NOTES: FIRM ZONE X PANEL t66 MAP OF PA P~.DIS E BY THE BAY FILED NOVEMBER 4, 1976 AS ~6463 LOCATION MAP SITE PLAN To: Harvey Amofffor Jay Mandelbaum 206 Roanoke Ave. Riverhead, NY 11901 FORM NO, 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT NOTICE OF DISAPPROVAL DATE: October 2, 2009 * Amended: February 25, 2010 Please take notice that your application dated September 23, 2009 For construction of a tennis court with fence surround at Location of property: 920 Kimberly La., Southold, NY County Tax Map No. 1000 - Section 70 Block 13 Lot 20.15 Is retumed herewith and disapproved on the following grounds: The proposed construction is not permitted purs_uant to Article III Sect. 280-13 which states: "In AC, R... 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 following:" The proposed accessory structure is not a permitted use on this vacant lot. Also, the proposed 10' high fence is not permitted pursuant to Article XXII Section 280-105A which states: "When located in the front yard of residential zones~ the same shall not exceed four feet in height." Authorized Signature *Amended to include nonconforming fence surround. FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT NOTICE OF DISAPPROVAL RECEZVED ~OARD OF DATE: October 2, 2009 To: Harvey Arnoff for Jay Mandelbaum 206 Roanoke Ave. Riverhead, NY 11901 Please take notice that your application dated September 23, 2009 For construction of a tennis court at Location of property: 920 Kimberly La., Southold, NY County Tax Map No. 1000 - Section 70 Block 13 Lot 20.15 Is returned herewith and disapproved on the following grounds: The proposed construction is not permitted pursuant to Article III Sect. 280-13 which states: "In AC, R... 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 an,/uses except the following:" The proposed accessory structure is not a permitted use on this vacant lot. /Authorized Signature DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE RECEZVED BOARD OF APPEALS THOMAS A. ISLES, A.I.C. P DIRECTOR OF PLANNING January 5, 2010 Town of Southold ZBA 53085 Main Road PO Box 1179 Southold, NY 11971 Att: Gerard Goehringer, Chairman Dear Mr. Goeringer: Pursuant to the requirements of Sections A 14-14 thru A14-25 of the Suffolk County Administrative Code, the following applications submitted to the Suffolk County Planning Commission are to be a matter for local determination as there appears to be no significant county-wide or inter-community impact. A decision of local determination should not be construed as either an approval or disapproval. Applicants Municipal File Numbers Stork, Ryan & Jennifer Mandelbaum, Jay Stein Family Trust Mihalios, Nick Goldsmith, Bruce TRK:ds #6358 #6359 #6360. #6361 #6362 Very tmly yours, Thomas A. Isles Director of Planning Theodore R. Klein Senior Planner LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. -4TH FLOOR P.O. BOX 6100 (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (63t) 8534044 RECEIVED MAY 1 4~010 BOARD OF APPEALS REVISIONS: 2124110 VACANT ROXANNE (60') 28'+ ASPHALTIC CONC. PAVMT. ROAD FE.O.5'N S 84022'20" W 20'-0" , ~0'-0" DWELL ~179.12' 5' EASEMENTNN~N_ 5' EASEMENT--/~ WELL -- -- -- ~ ~'e 259.00' SITE PLAN SCALE: 1" = 20'-0" SITE DATA SCTM # 1000-70-t3-020.0t 5 PROPERTY: ADDRESS OWNER: SITE: 920 KIMBERLY LANE SOUTHOLD, NY 11971 LORI GORDON & JAY MANDELBAUM tt07 5th AVE, NY, NY 10128 40,707 sf = 0,93 ac ZONING: R-40 SURVEYOR: KEN WOYCHUK MATTITUCK, NY 11952 LICENSE # 050227 NOTES: FIRM ZONE X PANEL 166 MAP OF PARADISE BY THE BAY FILED NOVEMBER 4, 1976 AS #6463 LOCATION MAP FINAL MAP REVIEWED BY ZBA SEE DECISION # ~%%~ DATED~ le I ~ PROJECT NO: DRAWN BY: UT CHECKED BY: DATE: 9115109 SCALE: 1" = 20'-0" SHEET TITLE: SITE PLAN SHEET NO.: SP1 HARVEY A. ARNOFF Attorney At Law 206 Roanoke Avenue, Riverhead, NY 11901-2794 (631) 727-3904 Harvey A. Arnoff Paul K. Siepmann Kdd, L. Paralegal Colleen Grattan-Arnoff, R.N., LNC February 26, 2010 Via F er~ress $outhold Town Zoning Board of Appeals Town Hall Annex 54375 Route 25 PO Box 1179 Southold, New York 11971 Re: Mandelbaum Building Permit Application Dear Sir / Madam: RECE3VED BOARD OF APPEAI~ Fax No.: (631) 727-3940* *Not for service of legal papers emaih harnoff~arnofflaw, com Of Counsel George F. Biondo Richard A. Hammer Enclosed herewith please find an Amended Application on behalf of Jay Mandelbaum, which the undersigned has signed as an Authorized Agent. Please note this amendment was occasioned by an oversight by our engineer in not inserting the in~.ended height of the fence surrounding the subject tennis court. I am submitting eight (8) copies of the Amended Application fo~rn and Amended Applicanrs project description, together with eight (8) copies of the Notice of Disapproval dated February 25, 2010 and the revised plans dated February 24, 2010. If you require any further information or have any questions, please feel free to contact this office. HA~Jdmo Enc. cc: Mr. & Mrs. Jay Mandelbaum AMENDED APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS P~CEIVED Fee: $ Office Notes: __ Filed By: For Office Use Only Date Assigned/Assignment No. HouseNo. 920Street Kimberly Lane Hamlet Southold SCTMl000Section700 Block 13Lot(s)_ 2.15 LotSize .93 acres Zone R-40 I (WE) APPI~AI~ THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED {1/2/~0~9and BASED ON MAP DATED 11/4/1976 and 2/~¢/2070 2/25/2010 Applicant(s)/Owner(s): Jay P. Mandelbaum 1107 5th Avenue, Apt. 7N, New York, New York 10128 MailingAddress: Telephone: 212-369-1417 Fax#: Email: NOTE: In addition to the above, please complete below if application is signed by applicant's attorney, agent, architect, builder, contract NameofRepresentative: Harvey A. Arnoff ~ for ( ) Owner, or ( ) Other: 206 Roanoke Avenue, Riverhead, New York 11901 Agent's Address: Telephone 631-727-3904 Fax#: 631-727-3940 Emaihharnoff@arnofflaw.com Please check box to specify who you wish correspondence to be mailed to, from the above names: [] Applicant/Owner(s), or [] Authorized Representative, or [] Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED 1 I / 4 / 76 AN APPLICATION DATED 7 / 23 / 2009 FOR: ~ Building Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction []Other: and DENIED Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article IIX Section 280- I 3 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 the Town Code, Article Section [2 Reversal or Other A prior appeal [] has, ~has not been made at any time with respect to this property, UNDER Appeal No. __Year__. (Please be sure to research before completing this question or call our office for assistance.) Name of Owner: Jay ~ndelbaum ZBA File # =--- R£CEIVED REASONS FOR APPEAL (additional sheets maF be used with preparer's signature): AREA VARIANCE REASONS: 8OARD OF APPEALS (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: Propsed structure is consistent with similar existing structures and the overall character of the neighborhood ~) The benefit sought by the applicant CANNOT be achieved bysome method ~asible br the applicanttopursue, otherthananareavariance, because: Absent a variance, the propsed structures would not be permitted anywhere on th~s lot until a principal dwelling is erceted. (3) The amount of relief requested is not substantial because: But for the absence of a principal dwelling on this lot, the proposed structure would be permitted without a variance (Section 280-13(c)(4)(b). (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The proposed structure is a tennis court with a 10 foot fence, which will have little or no impact on the physical or environmental conditions ~ h n i ho . al.e~, ~,i~u.,, self-created? ( )Yes, or K~)No. Are there Covenants and Restrictions concerning this land: [] No. RYes (t,lease furnish cot, vi. This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ( ) IF A USE VARIANCE IS BEING REQUESTE~D~V~ . PL~SE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure to ,.~n a t u r e,6fA p pe I l:(p_t.lw-A"d~.gri~ed Agent /' (Agent must submit written Author.~tl~n from Owner) Sworn te h~fore me this~- DIANE REILLY Notnry Public, State of New York No, 01RE4718016 Qualified in Suffolk County Commissio ~ Expires July 31, ~;;~/ Jay P. Mandelbaum Applicant: AMENDED APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) BOARD OF APPEALS Date Prepared: February 26, 2010 I. For Demolition of Existing Building Areas N / A Please describe areas being removed: II. New Construction Areas (New Dwellinl~or New Additions/Extensions): Dimensions of first floor extension: N/A Dimensions of new second floor: Dimensions of floor above second level: Height (from finished ground to top of ridge): Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: II1. Proposed Construction Description (Alterations or Structural Changes) (a~aach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Vacant Land/Residential Lot Number of Floors and Changes WITH Alterations: Tennis Court IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: 0 Proposed increase of building coverage: Square footage of your lot: 40,707 Percentage of coverage of your lot by building area: 1 7.7 V. Purpose ofNew Construction: Private Tennis Court with 10 foot high fence O VI. Please describe the land contours (flat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): N/A Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners for new construction), and photos of building area to be altered with yard view. 7/2002; 2/2005; 1/2007 QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION Is the subject premises listed on the real estate market for sale? [] Yes [XNo ~gOARD OF APPF-.ALs Are there any proposals to change or alter land contours? ~ No [] Yes, please explain on attached sheet. l) Are there areas that contain sand or wetland grasses? No 2) Are these areas shown on the map submitted with this application? 3) Is the property bulkheaded between the wetlands area and the upland building area? bio 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? Please confirm status of your inquiry or application with the Trustees: and if issued, please attach copies of permit with conditions and approved map. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? bit> Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? Ncrne (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) Do you have any construction taking place at this time concerning your premises? No If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: G. Do you or any co-owner also own other land close to this parcel? Yes the proximity of your lands on your map with this application. If yes, please label ,.~ / and proposed use Private Tennis Court (example~) .6~ist~ffg:~l~/l~gle-family; proposed: same with garage or pool, or other description.) ^u y d at nd Please list present use or operations conducted at this parcel Vacant Lot/Residential 2/05; 1/07 RECEZVED PROJECT I.O~ NUMBER 617.20 SEQ R Appendix C BOARD OF APPEALS State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only .PART i--PROJECT INFORMATION (To be completed by Applicant od Project sponsor) * I 1. APPLICANT/SPONSOR I Jay P. Mandelbaum 2. ~OJECT NAMe Tennis Court 3. PROJECT LOCATION: Muntclpalll¥ Southold County Suffolk 4. PRECISE LOCATION Street erich'ess and road IntetsecUons, prominent Isndrnatks, etc., or provide map) 920 Kimberly Bane, Southold, blew York 11971 5. IS PROPOSED AC13ON: [~ New [] E.xpansJon [] ModHIcatton/alterallon 6. DESCRIBE PROJECT BRIEFLY: Construction of a private tennis court on a vacant residential lot 7. AMOUNT OF LAND AFFECTED: InlUcily awes UItimatciy .... acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? []Yes []No IIN0, descdpebrlet~ Accessory structure on a vacant lot 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [] Residential [] Indusm.~ [] Commercial [] Agriculture 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY {FEDERAL, STATE OR LOCAL)? [] Yes ~ No If yes, list agaacy($) and penalt/ap~'ovils 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL'~ [] Yes [] No If yes, Iisi agent/name and permit/approval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODiFICATiON? []Yes ~No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor nam~--', / It the~aeflon Is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form bolero proceeding with this assessment OVER PART II--ENVIRONMENTAL ASSESSMENT (To be completed by Agency) RECEIVED may be suoersec~ed by anolher involveC agency. BOARD OF APPEALS No No No No No C7. Other impacts (including changes in use of either quaatity or type of energy)? Expiei~ briefly. NO D. WiLL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHA~RACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CEA? ~ Yes [] No E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? I~ Yes ~ NO It Yes, explain briefly PART Ill--DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS.' For each adverse effect identified above, determine whether i{ is substarttiai, large, impo~anl or otherwise signilicant Each effect shOuld be assessed in connection with its (a) setting (i.e. urban'or rural}; (b) probability of occurring; (c) duralion; (d) i~reYers[bility; (e) geographic scope; and (0 magnitude. If ~ecessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identltied and adequately acidressed. II- question D of Part II was checked yes, the determination and significance must evaluate Ihe potential impact of the proposed action on the environmental characteristics of the CEA. [] Check this box if you have identified one or more potentt~.lly large or significant adverse im'lS?CtS which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive dec arat on. ' [] Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary, the reasons supporting this determination: Da(e 2 RECEIVED APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) BOARD OF APPEALS The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of ~ ~q-~ possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOURNAME: Arnoff, Harvey A. (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.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance X Special Exception If "Other", name the activity: Change of Zone Approval of Plat Exemption from Plat or Official Map Other Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with 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 Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO X Complete the balance of this form and date and sign below where indicated. Name of person employed 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 in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this ?.~ZZ2& ~ fe& 0 S ig n atur e :/~-"~"'~ ~ ^ erint~ /---~/~ ~ J4tT, O-~L- APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS i~ECEIVED · ,~.,~n]D OF APPEALS Fee: $ Office Notes: __ Filed By: For Office Use Only Date Assigned/Assignment No. HouseNo. 920 Street Kimberly Lane Hamlet Southold 070.00 13.00 SCTM 1000 Section Block Lot(s)_ 020.01 5 Lot Size 0.93 Acres Zone R-40 1 (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED Oct. 2, 2009 BASED ON MAP DATED_N_g_v_._ -~L _1._9___7~ Applieant(s)/Owner(s): Jay P. Mandelbaum MailingAddress: 1107 5th Ave. , Apt. 7N, New York, New York 10128 Telephone: ( 21 2 ) 369-1 41 7 Fax #: Email: NOTE: In addition to the above., please complete below if applkation is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: Harvey A. Arnoff for (X) Owner, or ( ) Other: Agent's Address: 206 Roanoke Ave. t Riverhead~ New York 11901 Telephone (631)727-3904 Fax#:(631)727-3940 Email:harnoff@arnofflaw.com Please checl, box to specify who you wish correspondence to be mailed to,.[}'om the abave names: G Applicant/Owner(s), or ~ Authorized Representative, or G Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED 11 /4/76 AN APPLICATION DATED July 23, 2009 FOR: [~iBuilding Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use D Permit for As-Built Construction [3Other: and DENIED Provision of the Zoning Ordinance Appealed. (Indicate Article, Section. Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article III Section 280- 1 3 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 the Town Code, Article Section ~ Reversal or Other A prior appeal [] has, ~ has not been made at any time with respect to this propertv~ UNDER Appeal No. Year . (Please be sure to research befare completing this question or call our office for assistance.) Name of Owner: Jay P. Mandelbaum ZBA File # REASONS FOR APPEAL (additional sheets may be used with preparer's signature): AREA VARIANCE REASONS: RECEIVED NOV 3 0 ?_0O9 BOARD OF APPEALS (i) An undesirablechange willnotbe producedinthe CHARACTER oftheneighhorhood ora detrimenttonearbypropertiesifgranted, because: Proposed Structure is consistent with similar existing structures and the overall character of the neighborhood (2) The benefit sought by the applicant CANNOT be achieved bysome method ~asible ~r the applicant to pumue, other than an area variance, because: Absent a variance, the proposed structure would not be permitted anywhere on this lot until a principal dwelling is erected. (3) Theamountofreliefrequestedisnotsubstantialbecause: But for the absence of a principal dwelling on this lot, the proposed structure would be permitted without a variance (Section 280-13(c)(4)(b). (4) Thevariancewi~N~Thaveanadversee~ct~rimpact~thephysica~renvir~nmenta~c~nditi~ns intheneighborhoodordistrictbecause: The proposed structure is a tennis court, which will have little or no impact on the physical or environmental conditions in the neighborhood. (5) Has the alleged difficulty been self-created? ( )Yes, or (x)No. Are there Covenants and Restrictions concerning this land: [] No. ill Yes (please furnish copk?. This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please bt~ure to consult your~ Sworn to before me this dayof ~.~ ,20 ~/N~otary Pul~lic - ' JULIE ODONNELL Notl~J Public, State of New York No. 01 OD6000471 Qualif ed in Kings County Commission Exp res May 4, 20~/ Applicant: Jay P. APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Mandelbaum Date Prepared: November 23, 1. For Demolition of Existing Building Areas Please describe areas being removed: ff/g BOARD OF APPEALs 2009 Il. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: N/A Dimensions of new second floor: Dimensions of floor above second level: Height (from finished ground to top of ridge): Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: IlL Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Vacant; r,and/Res±dent;±al Lot; Number of Floors and Changes WITH Alterations: Tennis Court IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: 0 Proposed increase of building coverage: Square footage of your lot: 4 0,7 0 7 Percentage of coverage of your lot by building area: 1 7.7 V. Purpose ofNew Construction: Private Tennis Court VI. Please describe the land contours (flat, slope %, heavily wooded, marsh area, etc.) on your land and hew it relates to the difficult>' in meeting the code requirement(s): N/A Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners for new construction), and photos of building area to be altered with yard view. 7/2002; 2/2005; 1/2007 QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION ls the subject premises listed on the real estate market for sale? [] Yes I~ No Are there any proposals to change or alter land contours? //~ No [] Yes, please explain on attached sheet. 1) Am them areas that contain sand or wetland grasses? No 2) Are these areas shown on the map submitted with this application? 3) Is the property bulkheaded between the wetlands area and the upland building area? No 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? Please confirm status of your inquiry or application with the Trustees: and if issued, please attach copies of permit with conditions and approved map. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? No Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? None (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) Do you have any construction taking place at this time concerning your premises? No If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: G. Do you or any co-owner also own other land close to this parcel? yes the proximity of your lands on your map with this application. If yes, please label and proposed use Private Tennis Court (examples: existing: single-family; proposed: same with garage or pool, or other description.) ~5,[h~rize¢ §ign~t ur~"and Date Please list present use or operations conducted at this parcel Vacant Lot/Residentia 1 2/05;I/07 AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD WHEN TO USE THIS FORM: The form must be completed by the applicant for any special use permit, site plan approval, use variance, or subdivision approval on property within an agricultural district OR within 500feet ora farm operation located in agricultural distric£ All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Sections 239- m and 239-n of the General Municipal Law. 1)Name of Applicant: Jay p_ l~andolha,m 2) AddressofApplicant: 1107 5th Ave., Apt. 7bi, blew York, blY 10128 3) Name of Land Owner (if other than applicant): -- 4) Address of Land Owner: -- 5) Description ofProposed Project: construction of a private tenn'i $ court on vacant residential property 6) Location of Proper~y (road and tax map number): Kimberly Lane 1000-70-13-20. 15 7) Is the parcel within an agricultural district? I~lNo [-]Yes If yes, Agricultural District Number 8) Is this parcel actively farmed? I'XlNo I--lYes 9) Name and address of any owner(s) of land within the agricaltural district containing active farm operation(s) located 500 feet of the boundary of the proposed project. (Information may be available through the Town Assessors Office, Town Hall location (765-1937) or from any public computer at the Town Hall locations by viewing the parcel numbers on the Town of Southold Real Property Tax System. h N/A Name and Address (Please use back side of page if more than six property owners are identified.) The lot numbers may be obtained, in advance, when requested from either the Office of the Planning Board at 765-1938 or the Zoning Board of Appeals ~tt 765-1809. Q~natu~e of Applicant Date Note: 1. The local board will solicit comments fi'om the owaers of land identified above in order to consider the effect of the proposed action on their Parro operation. Solicitation will be made by supplying a copy of this statement, 2. Comments returned to the local board will be taken into consideration as part of the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant and/or the clerk of the board to the property owners identified above. The cost for mailing shall be paid by the applicant at the time the application is submitted for review. Failure to pay at such time means the application is not complete and cannot be acted upon by the board. 1-14-09 06/09/2009 14:27 6317273948 TOWN OF $OUTI4OLD BII!LDUCG DEPARTMENT TOWN HALL ~HO~ NY 1197I FAX: (~1) ~2 Sou thoMTo~.Ne ~h Fork,n~ · H~q~EV ~ ~ PAGE 03/04 (As on thc t,~ mil or I~t e~t d~d) If applicant is · corpo~ntion, signature of~ly ~og~ offi~ ~c ~d lit~ ofc~ o~r) ~ Builde~ Li~ NO~ Plum~s ~ No. Ek~c~ LI~ No. -~ L Lou~n of~d ~ w~ic~ ~ w~ will ~ d~; H~a Num~r S~c~ Co~T~WapN~. ~0~ ~e~ 070. O0 B~ock 13.00 S.~ivisi~ NaD O~ Paradiso by ~ F~pNo. 6463 the hy Lot 020.015 - ~ 15 06/09/2009 14:27 6317273948 HAI~/E"Y A ARNOF'F EE~ PAGE 2. Shale ex~s~n$ uso m~d occupancy o~p~i~s ~ ;~d~ u-- ~ b. ~ten~u~doc~ncy p~t~e bells. ~b 3. ~c 0f w~ (c~k w~ ~jJ~blc): New Bui]d~~ Addition_ ~ltcmU~ 4. G~Co~ $50,000.00 (O~crip~on) F. $100.00 6, ~ business* c°mmercial or mixed 0ccupattcy, specify tmturc and c~tent or- each ~ of use, ?' Dimensions of existing atn~atures, If any: Front Rear Height. Nu~ber of St~eS. Dept~ Distains of ~ s~ct~e w~h a~i~s or a~fions: Fmnt~ Rear. ~h H~gh~ _Numar of 8, ~m~ ~ ent~ n~ ¢~: F~t 60 Height~ n/a , Num~r~8~ n/~"~ 60 ~ptE, 120 9. SI~ofI~:F~t~80' ~ R~r 259 ~Dep~160 ~amc ~Fo~ ~ncr ~ [3. W~lll~gr~e~yEs~NO ,_ ]lt~s~fl~oved~m~i~ ZW' ~4. ~ of ~ of ~mi~ L_ ~ AdW~. N~e of~chit~ __ ~h~e No, ~1417 Ad~r~ ~o~ No Name of Co~. ~ - Addr~ _Phone No, 15 ~ ~ ~ pr~ wi~ I ~ f~ ora ~da[ ~t~d or a ~hw · b. IS t~q pm~ ~ln 3~ ~ ora tidal w~d? * YE~ NO · IF ~S, D,~C. PE~ MAY BE ~Q~RGD. ' 16, ~de ~ey, m ~ with a~ fo~ plan ~d d~c~ 17. If clevadon at ~y ~int on ~ is at 10 f~t or ~1~, mu~ ~vide ~phleM data on sunny. IS"A~ ~e~ ~Y ~ ~d rc~ whh ~e~ to ~ · IF ---~ P~.v, Y~=, X N~ Y~S. PRO~DEA COFY. STATE. O~ NEW YO~) ~~. J ay ~M~elbaum (s)~ 5w~ _to b~ me this -- ,RJLIE ODONNELL Notary Publ c, State of New York No. 01OD6005471 3 Oualified In Kings County ommission Expires May 4, 20/g~ Signmurg of Applicant 04/94 ) ) TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET ~ ~4') VILLAGE DIST. SUB. LOT ~oV, r~ ~ Ms. Gornoe%~ ~ w TYPE OF BUILDING ~,ES. SEAS. VL.,,~/[ FARM COMM. CB. MIC$. '~ Mkt. Volue ~ND IMP. TOTAL DATE REMARKS Tilloble FRONTAGE ON WATER W~lond FRONTA%E ON ROAD / ~0' ' Meodowlond DEPTH House Plot I 400 -q5 ~ lB I O BULKH~D Totel I PROJECT LO. NUMBER ] 617.20 SEQR Appendix C State Environmental Quality Review E ET O-AJt~ J~F APP~AL~ SHORT ENVIRONMENTAL ASSESSM For UNLISTED ACTIONS Only .PART I~PROJECT INFORMATION ~o be completed by Applicant or Project sponsor) * ~ ~. ~.uc~m~s.o~Bo. 2..poa~cT ~a~ P. ~an~elbaum ~e~is Court PROJECT LOCATION: Municipality $outhoid County Suffoik 920 Kimberly Lane, South01d, New York 5. iS PROPOSED ACTION: [~ New ~ E.q3anslc, n DESCRIBE PROJECT BRIEFLY: Construction of a private tennis court on a vacant residential lot. 7. AMOUNT OF LAND AFFECTED: Initially acres Ulllmately 81 WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? []Yes []No IlN0, descdbebrlef~ Accessory structure on a vacant lot 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [] Residential ~ Indust,let O Commerc~lal 10. DOES ACTION INVOLVE A PERMIT APPROVAL. OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY {FEDERAL, STATE OR LOCAL~? [] Yas [] NO II yes, list agency,s) and pem~lt/approvlls 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL'/ [] Yes [] No If yes, Iisi agency frame &~d permlt/ipprovll 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMITIAPP~IOVAL REQUIRE MODIFICATION? [] Yes ~ No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER PART II--ENVIRONMENTAL ASSESSMENT (To be completed by Agency) ~CJV ~ ~ ,~UU~ ~.Y.~ ~ No BOARD OF APp~am e No No No No No No WILL THE PROJECT HAVE AN IMPACT ON THE ~NVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTAeUSHMENT OF A CEA? -.~ Yes [] No E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? ~ Yes ~ NO If Yes, explai~ briefly PART III--DETERMINATICN OF SIGNIFICANCE (TO be comply-ted by Agency) INSTRUCTIONS; For each adverse effect identified above, determine whether il ~s substantial, large, important or other¥~ise significant. Each effect should be assessed in connection with its (a) setting (i.e. urt~an or rural); (b) probability of occurring; (c) duration; irreversibility; {e) geogral~hic scope; and (0 magnitude. If necessary, add attachments or reference supporting materials. Ensure that exelanations contain sufficient cietail lo show that all relevant adverse impacts have been identified and adequately addressed. question D of Pan II was checked yes, the determination and significance must evaluate the potential impact of the proposed aclion on the environmental characteristics of the CFA. [] Check this box if you have identified one or more potentially large or significant adverse ira'S,acts wl~ich MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. [] Check this box if you have determined, based on t~e information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant at,verse environmental impacts AND provide on attachments as necessary, the reasons supporting tills determination: APPLICANT TRANSACTIONAL DISCLOSURE FORM ~O V ,J I/ ~.uu~ (FOR SUBMISSION BY OWNER andOWNER'S AGENT) BOARD OF APPEALS The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officem and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: Mandelbaumt Jay (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.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance X Special Exception If "Other", name the activity:. Change of Zone Approval of Plat Exemption from Plat or Official Map Other Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with 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 Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO X Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of S outhold: 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 in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this Signature: ~ p. Print Name: (-) APPLICANT ~3S-~ TRANSACTIONAL DISCLOSURE FORM RECEIVED (FOR SUBMISSION BY OWNER and OWNER'S AGENT) NOV3 0 The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town ~fficers ' - ']~ OF APPEALS and employees. The purpose of this form is to provide information, which can atert the lo possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOURNAME: Arnoff, Harvey A. (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.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance X Special Exception If"Other", name the activity: Change of Zone Approval of Plat Exemption from Plat or Official Map Other Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with 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 Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO X Complete the balance of this form and date and sign below where indicated. Name of person employed 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 in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this Signature://~/~ Print ~ HARVEY A. ARNOFF Attorney At Law 206 Roanoke Avenue, Riverhead, NY 11901-2794 (631) 727-3904 Harvey A. Arnoff Paul K. Siepmann Keith L. Abramson Paralegal Colleen Grattan-Arnoff, R.N., LNC November 25, 2009 REC~VED NOV 3 0 2009 BOARD OF APPEALS Fax No.: (631) 727-3940* *Not for service of legal papers email: harnoff@arnofflaw, com Of Counsel George F. Biondo Richard A. Hammer Town of Southold Board of Appeals 54375 Main Road Southold, NY 11971 RE: 920 Kimberly Lane, Southold, NY Dear Board Members: Enclosed please find an original and six (6) copies of the Application for a variance m connection with the above-referenced property to permit the construction of a tennis court upon a vacant residential lot. The Application is supported by a Notice of Disapprova! date8 October 2, 2009, a filing fee in the amount of $400.00 and the supporting documentation. Please feel free to contact me if you have any questions or concerns. Thank you. Sincerely, Keith L. Abramson KLA:rg Enclosures cc: Mr. Jay Mandelbaum .=C==VE= NO¥ 3 0 BOARD OF APPEALS NOW THEP~EFOP~ the Declarant declares that the aforesaid Fremises and the whole and avery portion tP~reof be ai:d the same kereby are held and shall be conveyed subject 5o the conditions, covenants, restrictions, reservations, exceptions and easements h~reinafter set forth, and each and every prospective purchaser of said premises or a portion, lot or plot tkereof0 by the acceptance of a deed thereto, covenants and agrees that the premises so purchase~ shall be held subject to and to~ether with the following conditions, covenants, restrictions, reservations, exceptions and easem.~nt$, to wit: ARTICLE t DEFINITIONS SECTION 1. DECLAPJ, NT. The ward Declarant, as u~ed herezn, i~ defined as meaning Mr. John E. Rath, residing at (!~o ~umber) North Road to Bayview, Soutkold, Neu Yerk 11971, his heirs, legal representatives, successors and assigns. SECTIO~ 2. PRE. MISES~ The word premise~. ~s used herein, is defined a~ meanlnq all that certain p&rce~ of !and includin~ a~! lots, romps, courts, recreation areas and improv~ masts thereon, situate, lying and b~in? in theTo%cn~f $outkoi~ County ef Suffolk, State of ~:ew York as sho~%~ on a ¢~rtain ~ap ~nti- tled, "~a?,Df P~rad~seb? the Day, To~n of Southold, Suffolk Cou~ty~ ..... '~ ' ~' "~'~" ' ~;: ~f**'J~O BOARD OF APPEA~ ~ew York," made by Youn~ a~d Young, Licensed Lan~ ~urveyor~, Rivcrhead, Now York, ~nd filed in th~ Office of the Clock c~ the Cgunty of Suffolk, ~'~ ~ate of New York, on the day of 1976 as Ma~ ~ SECTION 3. SUBDIVISION MAP. The word~ subdivision ~a~ as used herein, are defined as meaning ::ap ~ SECTION 4. LO? AND PLOT. The wcrd~ lot and plot, as used herein, are definea as meaning the seF~rate numbered parcels of land into which the premises has and will be ~ivided as sho~¢n on the subdivision map. SECTION 5. OWNER. The word o%~er, as used herein, i~ defined as meaning any individual, corporation Or partnership owning any of the lots and plots as sho~ on the subdivision map and his heirs, leqa~ representatives, successors and assigns. SECTIO~ 6. FRONT YARD. The frcnt yard of any lot and plot shall be %hat portion facing the interior subdivision .roads and courts. SECTIO~'~ - SUBDIVISIOn[ PE~{IMETER. The suL~2ivision perimeter shall be tkat portion of tho. subd!v}.~lcn abutt~n~ ]~orderin[~ Pi:to ~.;eck U. oad and North Bayview Road, Southold, New York tl ,1. ~OARD OF APPEAL~ a~p~p:iaLe, the use Aerei~ o~ any 9e~e~ ~haZ1 ~e ~ee~ to include the othe~ genders and the use herein of either the singui~r or the plural shall be deemed to include the other. ARTICLE II OPERATION ~D EFFECT covenants and restrictions created herein real covenants running with the land. All e£ the conditions, shall be construed a~ SECTION 2. APPURTENP=NT EASES~ER~S. All easements granted herein shall be ccnstrued as easements appurtenant to the premises unless othez~,ise expressly provided. SECTI,DN 3. ENFORCEMENT. This declaration shall be binding upon, inure to the benefit of and be enfor;eable by, the Declarant, and any owner of any lot and plot. SECTiO?~ 4. WkIVER. The failure to enforce of the conditions, covenants, and restrictions created herein shall not constitute a waiver or estoppel of tke rich~' to do so thereafter. SECTZO;~ 5, DURATIONS. Th~ covenants, conditiors, and restrictions created herein shall continue an~ remain in full force and ~ffect at all times as against th~ o%¢n~r~ o~ the and p!~ts ~--~-~ ~ ,', ....r ,~ --- ~ z ,,, , B~D OFAPPEALS ,.~.~,.O,~ 6. D~,~,D... Every ,e~ to a ~,I}~,~i.'~;IOL SECTIC~ 7. CONSE[-;TS. The consents and apurovais called for pursuant to this dec!araticn shall not be unreason- a~Iv t,'ithheld ~,- the Deciarann ~::~C5' iO::'-' '-. ~... S..,~:-,~,N ~ .~ ~'"'~' ~ ~ne" Declarant s,*~ al!'' have the . rig.._ to assign, ;~ith or ,,,ithout a ~"~""~-'~= ¢ ~ title "¢, any ...... ; .......... _ ~.~.~ of the oremzses, any or ail of ........... ~o~.., and ~ne assignee thereof, ~.;h~ther or not such ass~cnee h~s title to a%,/ part of the premises, 'shall u~,-~ t~,. s~.%e._..__.-~,-h~ an~ petzers and bo sub~ect tc the KECTIO.'~ ?. /:~VALiDATiC,~C. Th~ [nvaiidati~n of any ;'ecticn or ?crtio:~ of this declaration by a cmurt of com.ue--e:%~ julisdictit)n ~hall not affa~ct any of the remainin~ ~rovisieDs hereof %qh~ch 3ha!] ','e,~:a:.n In full forc$ and eff-~,ct. than a sin,.:l:.~-fami!y d'4ellin~ with attached shall contain not !ess than 0ighteen-kundred (i,~90) square feet, and fn the case efa t'~o-stor2 ~'.'ei!in~ at least nim~hundred y,~ar-r~und teazel, fully enclos~], NahJ. t~ble~ uga}>l,~ fleer are&, 2xclus~ve of garaqes~ basements, open porches, decks and attics. An attached garage shall contain at leash three- hundred (300) square feet of fully enclosed area. SECTION 3. I{EIGHT. A single-family dwellin? .,;hall not exceed two and one-half (2-1/2) storia~ or thirty-five (35) feet in height, '~hichever is ~CT~ON 4. ~E~BAC.,. No !pa~t ef any structure or ..... ~. ,]nc, shall be located within seveP, tv-five :'~ ~eet cf th~ fropt or street line of any. lot. and plot on K-~_.I.~'~ ~ .... ,at.e, ncr within fifty (50) feet of the front or street line of a~I- lot and plot en Roxanne Read, nor within t'..'enty (~) feet of the back and side ]ine~-. of an,,, lot and plot, nor '~'ithin Seventy-F.~.ce (75') feet of the mean highwater mark of Southe!d Bay ~r tko "creek." 'fhe ].oh ~nd street lines are these Sho%,,n on the s ub~l i','ision map. or r~c~'.~<] ,~u t<~ an!, %,et ;~n~ plot. IN, ch murat h.'.u;,z ,~u .~ttach,,,i garage. Adjoining; · hall have varied positions on lots and varied roof ridge lines, so ah to avoid monotony. t SECTION 6. LANDSCAPING. The grade on any portion of any lot shall not ~e elevated or depressed more th~ three (3) feet from that of the abutting street and surrounding lots and plots. Upon co~letion of con·truckles, the entire unbuilt portion of · lot and plot must be graded, grain seeded and shrubbed. Th~es planted by the Declarant along front street line· of lots and plots shall be maintained and preserved b~ the owners. Not more than twenty (20! percent of the area · hall be cleared for building or access pu~l~osee, ~nd in ~o event a tree having ~but dime·tar in excess of six (6) inches meauured two (2) feet above ground shall be c~t without the express ~ritten approval of the ~eclarent. SECTION 7. FENCES. No fence shell be constructed or placed within seventy-five (?S) fast of the front or street line of any lot and plot or be·yeas the front of s single-f~l¥ dwelling and the front or ·tree· line of any lot and plot, whichever ia greater. SECTION 8. SIGNS. Ho sign of any kind shall be erected, maintained or displayed to the public view on any portion ~ any lot, plot and building without written consent of the Declarant and then only upon such conditions &s Declarant m~y specify. The provLsiofls hereof, shall not, prohibit signs used by the Declarant. NOV 3 0 2_00.? BOARD OF AppEALS SECTION 9. UTILITY CONNECTIONS. All single-family dwellings shall be expeditiously connected to municipal water and sewer mains when available, and all refunds of the Declarant's depoaits with utility compan&ea shall be paid to the Declarant. All utility connections, water, aewer, gal, electricity, telephone and teleleision shall he installed underground. SECTION 10. COMPLETION. ~11 construction and landscaping activities shall be comgleted within one (1) year of commenc~nt of initial construction. SECTION 11. APPROVAL OF PLANS. No building, fence and/or structure of any nature or description shall he erected, nor shall construction thereof be commenced, nor shall any exterior alterations u~on or additions to any building and/or structure be commenced unless and until &ll plans, specification,, building elevation, site plans; shrub-planting plans, and otb&i, i~for~a- tion deemed necessary to detarmine the suitability and app,'.o~riate- ness of the exteri ~r architectural features, design, ,ocstion and landscaping of the s~e have bean first approved in writing by the Declarant. The Declarant shall he furnished with a duplicate ~et of IIOARD OF APPF. ALs plans to be approved and shall keep same permanently on file. SECTIOI~ 12. SUBDIVISIOn. NO lot and plot shell be further eubdlvidedt conveyed or sold except as · whole. ARTICLE IV USE RESTRICTIOI;S SECTION 1. RESIDENTIAL USE. All lots and plots shall be used strictly for private single-f*mily residential purposes only and no commercial entarprise of ~ny kind shall be maintained vpon or in connection with any lot end SECTION 2. PROHIBITED RESIDENCE. No trailer, basement, tent, shack or garage shall be' erected, placed, m~in- rained, used or occupied on any lot for use as a tezporsry or permanent residence. No sinole-family dwelling house shall b* occupied by or rented to seasonal cr transient occupants. Under no circumstances shall any single~[a~il¥ dwellin9 house be occupied by more than 8our (4) people not related by blood or nmrrtaqe. Under no circumstances shall the windows or doors of a single-family dwelltn9 house be boarded up. SECTION 3. ItH~NALS. ~o poultri, he,Iisi.cattle, hogs or other animals, do~st£c cr wild, except household pets may be kept on any lot. I{o coups, do~ho'~se or ,.~enagario shall be kept outside of a single-family dwelling house in connection with household pets without the express written pe~mission of the D~clarant. SECTION 4. OPEN STORAGE. Garbage cans, garbage, refuse, scrap, machinery, trucks, pick-up trucks larger than one-half (1/2) ton, unlicensed motor vehicles, trailers, house trailers, modular homes, tents or campers shall not be stored outsxde of a fully enclosed single-family dwelling except one camper less than twelve (12) feet in length may be stored in the rear yard of any dwellinq but not within twenty (20) feet of any side or rear-yard line and two-hundred (20O) feet from any front-yard *treet line, upon written approval of the Decl&r- ant. Clotheslines may be stored and used only in the ~ear yard of any dwelling. Not more than three (]) licensed motor vehicles shall ever be parked o~rnight outside of a single- family dwelling house garage. SECTION 5. MAINTENanCE. The owne&s shall ppint, stain, maintain and/or repair the exterior of all single-family d~llings and garages and out down all lawn~, weeds and brush to a level of less than four (4) inches above grade. SECTION 6. RIPARI~ RIGHTS. The owners of lots 92 and 93 shall not construct any spile, dock, ~ingsrdock, whaNf, bulkhead or any other structure out pa~t the ex~sting bulkhead line into the "creek" and ~hall moor no boat in a fashion such that it extends out ovor twenty (29) feet past the bulkhead line into the "creek." Uo bos~ which ~ use~ for com~rcial purpose or v~nture shall be moored st any lot, boat basin, or recreation area. i0 8135 The Declarant or his successor shall have the right to bulkhead the perimeter of the "park and recreation area" bmrdering the 'creek' and/or construct any splle, dock, finqerdock, wharf, or bulkhead or permit the mooring of any boat provided sa~e does not extend out frc~ the perimeter of the "park and reoreation area" into the "creek" more than t~enty (20) feat. SECTION 7. SUBDXVISION PERIHSTER ~D ACCESS. The subdivision perimeter %o the depth sho~n and as marked on the subdivision map shall remain in a natural state, undisturbed except for ~he removal of debris, brush and dead Ihrub, screening or trees, and the replacement of dead shru~ screening and tre~s, ell of which shall be the responsibility of each lot emir. Tbs by the Declarant or hie successor and in no ray shall be disturbed; b~ the lot o~nera! and pedestrian or vehicttlar access to any lot shall he frma interior subdivision road~ or courts and in nO way shall be tltrouqh the subdivision perimeter, ax~pt during COll- · truction, at which time a section of said perimeter fence shell be removed b~ and at the expense of · lot and plot o~er to pewua~t access by heavymchinery, tradesmen and deliveries, SECTION 1. ING~t~SS ~ EGP~S$. A nonexclusive easement, in coeeaon with others, for the purpose of in, tees a~d egress over the surface of the streets and cour2e as sho~ on the filed mp ia her®b~ gra,,ted to a~d establis~ed for ever~ o~ner of eve~ lot and plot. 11 ~ECTION ~o of all land~, lying in the beds of BOARD OFAppEAL$ Title in fee simple absolute the streets, courts, park and recreation area, foot path to park, and creek shown on the su~- division map is excepted and reserved to the Declarant and is not conveyed or intended to be conveyed to any owner of any lot and plot. SECTION 3. DEDICATI0~. The right to dedicate the streets and courts shown on the development map to any municipal authority is excepted and reserved to the Declarant ~nd in the event that any municipality accepts the dedication of the atrootB and courts, a11 rights-of-way for ingress and egress over said streets and courts shall automatically terminate, extinguish and become null and void. SFCTION 4. WATER EASEMENT. The owners of Lots #l through %10 are granted a nonexclustve easement, in co~d~n with others, for the purposes of running water pipes through the subdivision roads and the easements between Lots [11 through and through the subdivision [;drir~uter for the purposes of install ins waterwells in tho subdivision ~ertneter provided each lot owner shall bear the full cost of such installations and shall complete s~ and restore all lands ~o ~he previous condition withlfl sixty (60) days of commencement o~ SECTION 5. PAP~ ARD REC~J~AT~ON AREA. A easement, in co,~uon with others, ~or the purposes of using "park and recreation area" shown on the sub~Ivision m~p for recreation purposes sol&17, to~e~her w£~h a~ eas~r~ent for pedes- on the subdivision ~ap; if hereby granted and established for every o~mer of ~v~ry lo~ and plot and up to a ~xlml~ of five ,:,::258 BOARD OF APPEAL~ guests personally accompanied by a lot o~. plot o~ner. The "im&rk and recreation area" ~nd"foot path to park" aB lhow~ on the subdivision map shall he used only for such recreation purpoae~ and no structure shall ever be constructed theraan other than "creek" docking facilitiel as heretofore provided for, "foot bridge" facilitiel as showtt on the lub~ivllion n~p, and main- tenance of the "foot path to park" as Ihowr. on the Iubdivilion maim. The Declarant reserves the right to relocate the "foot path to park" il shown sa the subdivision m~p hetw~en Lots %3 and %4 to a location between ~otl #2 and 13 and alOng the bulkheadod 'creek' frOnt on Lots 03 and J4. SECTIOiq 6. RESTRICTED ACCESS. The Declarant reserves the right to chain off the ontr~flee to RoxoAne L.ne at Pine Neck Road to &ll but emrgency vehicles. SECTION 7. P~INT~A~CE. The Declarant exce~:a and re,ryes t~ right to sn~ pl~, sweep, ~lntain, repair, regr~, ~d i~ro~ ~e streets, courts~ p~k and recreati~ f~t pa~ to park, cr~k ~d s~lvluion ~rt~tlr eeseMn~s t~ ~cl=~t Is n~ he~ tn any way obliga~ed to conduct or pay for such activ~ties. Ev~u ~ner~ ~ accep~nc~ of a deed, to a lot ~d plot covenants ~d agrees to pay ~he Declor- ~t on the first day of January of each ~d every ye,r an annu~l charge to ~ uaed ~ ~he ~cl~t to pay all taxes map and all costs, RECEZVED BOARD OF any, o~ ~nta~ninq end re~r~n~ Such annual charge shall not, ho~ver, exceed the lu~ of fifty (50) mills on each dollar of the assessed valuation of the premises (including improvemnts) o~nad by each o~nsr al fixed each year by t~ applicable m~icipal t~ alllllorl. In the e~nt ~at such ~nual ch~ is not paid ~en due, the shall ~m ~d r~in a lien u~ the pr~ses si luch to ~lle~t s~ ~ to enforce t~ l~en ~[ by M~s aut~r~z~ by law. SECTION 8. UTILITIES. The Declarant ~c~pts and reserves tho right to grant to others, with or without a conveyanc~ of title to shy part of th~ pr~atses, electric, gas, water, se~r, telephone, television and other utility easements in, undeE end over the streets end courts as shown on tho subdivision ?A~TIC~ VI AND RELEASE SECTION 1. AJiF~D~ENTS. The Declarant, whether or not ovning any part of the premises and without ~ consent of ~y ~or~ ~rtgaq~ or other lieflor~ shall ha~ the right ~d herl~ resets t~ right a~ny ti~ to liter, ~ify, ~nul or release in whole or in part, any or ~11 of t~ co~itl~s, cornets, ~ rostrictio~ sot forth In this d~l~tl~ ~ to ~ lot ~d pl~ or ~ ~ole pr~ses. ~ such ~lt~x~tl~, 14 R&rCE~VED , - ._ BOAP..D OF AI:,p/~L~ modification, annulment or release shall be in written, re¢occl- able form signed by the Declarant. IN WITNESS WHEREOF, said Declarant l~as se~ his ha.l~l and seal the day and year first written above. · UHN E. ~ATH ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville December 7, 2009 Zoning Appeal No. 6359 Transmitted herewith is Zoning Appeals No. 6359 of Harvey Arnoff for Jay Mandeibaum- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Short Environmental Assessment Form, Transactional Disclosure Form, Cover Letter from Harvey Amoff Dated November 25, 2009, Notice of Disapproval from Building Department Dated October 2, 2009, 15 Pages of Convenience & Restrictions, Copy of Site Plan Showing Proposed Construction Dated September 15, 2009 Prepared by Samuels & Steelman, Town of Southold P.O Box 1179 Southold, NY 11971 Date: 12/07/09 * * * RECEIPT * * * Receipt~: 62028 Transaction(s): 1 1 Application Fees Reference Subtotal 6359 $400,00 Check#: 16279 Total Paid: $400.00 Name: Arnoff, Ha~ey A 206 Roanoke Ave Riverhead, NY 11901 Clerk ID: CAROLH Internal ID: 6359 ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 12-04-09 ZBA # NAME OF APPLICANT CHECK # AMOUNT TC DATE STAMP RECEIVED 16279 $400.00 # 6359 Mandelbaum, Jay P. DEC 7 2009 Southolcl Town Clerl TOTAL ' $4oo.oo Sent via Inter-?ffice to Town Clerk by: Thank you. - ES LAW OFFICES HARVEy A. ARNOFF 206 ROdI~IOKE AVENUE RIVERHEAD, NY 11901 16279 9742 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for I week(s), successively, commencing on the 6t" day of May, 2010. Principal Clerk Sworn to before me this 2010. Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MARCH 25, 2010 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY~ MARCH 25~ 2010: 10:20 A.M. JAY MANDELBAUM #6359. Request for Variance from Code Section 280-13 and 280-t05A, based on an application for building permit to build a tennis court on a vacant lot, and the Building Inspector's October 2, 2009, Amended February 25, 2010 Notice of Disapproval stating that the use of a tennis court is not permitted on a vacant lot (without an existing dwelling) and proposed fence exceeding code-required height. Location of Property: 920 Kimberly Lane, Southold, NY; CTM # 70-13-20.15. 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. Files are available for review during regular business hours and priorto the day of the hearing. If you have questions, please do not hesitate to contact our office at (631) 765-1809, or by email: Vic ki.Toth~,Town.Southold.ny.us. Dated: March 1, 2010 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1t79 Southold, NY 11971-0959 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, seys that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for ~ week(s), successively, commencing on the 11th dayof March. 2010. ,/~/~ ?~//~ Principal CJerk . Sworn to before me this ,r~ day of ~//~.~'7_._...~ 2010. ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hail Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: ht~p://southtown.northfork.net /~/}~_~/4 ..~, 2010 Re: Town Code Chapter 55 - Public Notices for Thursday, March 25, 20'10 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Times Review newspaper. 1) Before March 4th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to alii owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailin.q address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arran.qements were made in either a written statement, or durin.q the hearin.q, providin.q the returned letter to us as soon as possible; AND not later than March 5th: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, and furnish to our office with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later March 17st: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at your property for seven (7) days (or more) until the hearing is held. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is available for the additional front yard. Please deliver or mail your Affidavit of Postin;I for receipt by our office before March 23, 2010. If you are not able to meet the deadlines stated in this letter please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Encls. NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME MAP # MANDELBAUM, Jay #6359 70-13-20.15 VARIANCE Non-Permitted Use; fence height REQUEST Construct Tennis Court DATE: THURS, Mar. 25, 2010 10:20 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD'TOWN OF SOUTHOLD 765-1809 ZONING BOARD Of APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of JAY P. MANDELBAUM AFFIDAVIT OF MAILINGS CTM Parcel #1000-70-13-20.15 STATE OF NEW YORK ) )SS.: COUNTY OF SUFFOLK ) I, RENEEA. GODSELL, residing at Wading River, New York 11792, being duly sworn, depose and say that: On the 3'" day of March 2010, I personally mailed at the United States Post Office in Riverhead, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the (X) Assessors, or ( ) County Real Property Office , for every property which abuts and is across a public or private street, or ~t-of-way of record, surrounding the applicant's property. Sworn to before me t~hjs~ 3r~ day of March ~r~/' o~ta~ Public ~ DIANE REILLY Notary Public, State of New York No, O1RE47180t6 ~ualified in Suffolk County Con,mlssic , Expires July 31, PLEASE list on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. List of Owners Names, Addresses and Lot Numbers: Thomas G. and Gloria Byrnes 90 N. Bayview Road Southold, New York 11971 70-13-12.1 Jean Quar ty 860 N. Bay~iew Road P.O. Box 269 Southold, New York 11971 70-13-13 Carmen Fallica 89 Josica Lane P.O. Box 815 Aquebogue, NY 11931 70-13-14 Peter Haeffner 37 Franklin Court Garden City, NY 11530 70-13-20.14 Jay P. Mandelbaum 70-13-20.5 This lot is owned by our client and therefore no mailing necessary as per your office Howard Davidoff 7 Terrace Drive Port Washington, NY 11050 70-13-20:6 __Mr' Peter H~effner . rarlk,,q L;OUiW. 37 c , . - Garden Ci~, NY 11530 9~-/~-~./~ J $1.22 D Ms Jean 860 N. ~3ay~iew Road P.O. Box 269 Southold, NY 11971 Postage Mr, Howard Davidoff 8 Terrace. Drive Po~t Washin§ton, NY 11052 m Po~ $1.22 ~ (E~omemem R~ulmd) ~.~ T ~,~ ~ Mr. ~ Mm. Thomas G. Byrnes ~ ,~ 90 N. Ba~ieWNew Road ~ Southold, York 11971 ......... s $I.22 ~..,n ep Fa,ica ~ .,-5.., ,,os c~ 1. ~ne P.O. Box 8!5 Aquebogue, NY 11931 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK .X In the Matter of the Application of JAY P. MANDELBAUM CTM Parcel #1000-70-13-20.t5 AFFIDAVIT OF MAILING STATE OF NEW YORK ) )SS.: COUNTYOF SUFFOLK ) RENEE A. GODSELL, being duly sworn, deposes and says, that deponent is not a party to the action, is over 18 years of age and resides at Wading River, New York. On the 23rd day of March 2010, I personally mailed at the Unites States Post Office in Riverhead, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelope addressed to current owner shown on the current assessment roll verified from the official records on file with the Assessors for every property which abuts and is across a public or private street, or vehicular right-of-way of records, surrounding the applicant's property, on the following: 70-13-14 Dorothy Beaulieu 341 Peconic Bay Boulevard Aquebogue, NY 11931 Sworn to before m~e_t,his _23r~ day of Marqh~20~ 0. /Notary Public ~ [ DIANE REILLY Notary P~Jblic, State of New York No, 01RE4718016 Qualified in Suffolk County Commissio:3 Expires July 31, (:::~ / HARVEY A. ARNOFF Attorney At Law 206 Roanoke Avenue, Riverhead, NY 11901-2794 (631) 727-3904 Harvey A. Arnoff Paul K. Siepmann Paralegal Colleen Grattan-Arnoff, R.N., LNC March 4, 2010 Fax No.: (631) 727-3940' *Not for service of legal papers email: harnoff@arnofflaw, com Of Counsel George E Biondo Richard A. Hammer Zoning Board of Appeals Town of ~uthold 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 RE: 920 Kimberly Lane, Southold, New York Tax Map No. 1000-70-13-20.15 Dear Sir/Madam: With regard to the hearing on March 25, 2010 for a variance for building permit to build a tennis court on the above-referenced vacant lot, enclosed please find our original Affidavit of Mailing indicating parcel numbers, names and addresses, as well as the green/white receipts postmarked by the Post Office. The green certified receipt cards will be forwarded upon receipt. Thank you for your courtesies in this matter. Should you require anything additional, please do not hesitate to contact my office. Very~ ~Arnoff HAA:rg Enclosures cc: Mr. Jay Mandelbaum HARVEY A.'ARNOFF RECEIVED ~OARD OF APPEALS Attorney At Law 206 Roanoke Avenue, Riverhead, NY 11901-2794 (631 ) 727-3904 Harvey A. Arnoff Paul K. Siepmann Paralegal Colleen Grattan-Arnoff, R.N., LNC March 17, 2010 Fax No.: (631) 727-3940* *Not for service of legal papers email: harnoff~arnofflaw, com Of Counsel George E Biondo Richard A. Hammer Via Facsimile (631) 765-t809 and Regular Mail Zoning Board of Appeals Town of Southampton 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 RE: 920 Kimberly Lane, Southold, New York Tax M~.ap No. 1000-70-13-20.15 Dear Sir/Madam: Enclosed please find the original Affidavit of Sign Posting with regard to the above- referenced matter. Thank you for your courtesies in this matter. Should you require anytmng additional, please do not hesitate to contact my office. HAA:rg Enclosure cc: Mr. Jay Mandelbaum HARVEY A. ARNOFF Attorney At Law 206 Roanoke Avenue, Riverhead, NY 11901-2794 (631) 727-3904 Harvey A. Arnoff Par~lcgal Colleen Grattan-Arnoff, R.N., LNC March 29, 2010 Fax No.: (631) 727-3940* *Not for service of legal papers email: harnoff~arnof}law, com Of Counsel George F. Biondo Richard A. Hammer Via Facsimile (631) 765-9064 and Regular Mail Zoning Board of Appeals Town of Southold 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 RE: 920 Kimberly Lane, Southold, New York Tax Map No. 1000-70-13-20.15 #6539 Dear Sir/Madam: Enclosed please find the original Green Certified Receipt for the mailing to Dorothy Beaulieu, Tax Map 70-13-14, with regard to the above-referenced matter. Thank you for your courtesies in this matter. Should you require anything additional, please do not hesitate to contact my office. HAA:rg Enclosure cc: Mr. Jay Mandelbaum Very truly yours, ~ECEZVED 8OARD OF APPEALS ZONING BOARD OF APPEALS ..... TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of '~Name of Applicant) AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign upon Applicant's Land Identified as 10Q0- - COUNTY OF SUFFOLK) STATE OF NEW YORK) I, ,,~'~ ,X residing at , New York, being duly sworn, depose and say that: On the /~ ~day of '/'/'¢-/~'~ ,2Q~ , I personally placed the Town's official Poster, with the date of headng and nature of my application noted thereon, securely upon my property, located ten(lO) feet or closer from the street or right-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance;* and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing day--own to be (Signature) Sworn to before me this / ?¢Zday of/ZOO-/, (No~~ C0mmiss~n .pi,s 0ct, 3L ~/¢ *near the entrance or driveway entrance of my properly, as the area most visible to passersby. HARVEY A A~NOFF In the Matter of the Application of JAY P. MANDELBAUM CTM Paroel #1000-70.13-20. IS ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK AFFIDAVIT OF MAILING STATE OF NEW YORK ) )Ss.: COUNTY OF SUFFOLK ) RE NEE A. GODSELL, being duly sworn, deposes and says, that deponent is not a party to the action, is over 18 years of age and resides at Wading River, New York. On the 23re day of March 2010, I personally mailed at the Unites States Post Office in Riverhead, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy oft'ne attached Legal Notice in prepaid envelope addressed to current own er shown on the current assessment roll verified from the official records on file with the Assessors for evenj pmpertywhich abuts and is across a public or private street, or vehicular right-of-way of records, surrounding the applicant's property, on the following: 70-13~14 Dorothy Beaulieu 341 Peconic Bay Boulevard Aquebogue, NY 11931 Sworn to before m~.e.~his 23re day of March'~0~l 0. 'Notary Public ) [ DIANE REILLY Notary PubTic, S~e~e of NeW Yark No, 01RE4718015 Qualified in Suffolk County Corem'scion Exp res July 31o'C::~.<~~ (~ HARVEY A, ARNOFF Attorney At Law 206 Roanoke Avenue, Riverhead, NY 11901-2794 (631) 727-3904 Harvey A. Arnoff Paul K. Siepmann Colleen Grattan-Arnoff, R.N., LNC March 23, 2010 Via Certified Mail- Return Receipt Requested Fax No.: (631) 727-3940* *Not for service of legal papers email: harnoff~arno fflaw, com Of Counsd George E Biondo Richard A. Hammer Ms. Dorothy Beaulieu 341 Peconic Bay Boulevard Aquebogue, NY 11931 RE: 920 KimbeHy Lane, Southold, New York Tax Map No. 1000-70-t3-20.15 Dear Ms. Beaulieu: Please be advised that an application for a Variance from Code Section 280-13 and 280-105A, based on an application for building permit to build a tennis court on a vacant lot, has been submitted to the Town of Southold Zoning Board of Appeals, concerning the above referenced parcel. The said application shall come before the Southold Town Zoning Board of Appeals for public headng at the Town Hall Building, 53095 Main Road, Southold, New York, at 10:20 a.m. on Thursday, March 25, 2010. Enclosed are copies of the Legal Notice and the Site Plan. Thank you. HAA:rg Enclosures · Attaoh this oa~l to tba baok of the mailpisoe, or on the fmof if space permits. Mr. & Mrs. Thomas G. 90 N. Bayview Road Southold, NY 11971 Byrne~ D. te de~ ~n l ~ DYes -70-/5-/~.1 2. A~ticle Number 3. sew~e ~me JI~1 C,e~fled Mall [] Express Mail ~[] Registered I~ Return Receipt for Memhandl~e J[] Insured Mail [] C.O,D. / 4. Restricted Dai~very? (Extra Fee) [] Yes 7008 0500 0000 9526 2327 PS Form 3811, Feb~ary 2004 Domestic Retum Receipt · Complete items 1,2, and 3. Also complete item 4 if Restricted Detive~y is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the ma~lplace, 1. Article Addressed to: Peter Haeffner 37 Franklin Court Garden City, NY 11530 [] Agent [] Addressee D. Jsde{h~Jaddmssdifferentf/omitem 17 []Yes If YES, enter dailvery address below: [] No I [] Registered ~ctum Recaipt for Merchandise 7006 0500 0000 9526 2358 ~s r~m 3811, February 2004 Domestic Retum Receipt · Complete items 1,2, and 3. Also complete item 4 if RestHeted Delivery Is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the fi'ont if space permits. 1. Article Addressed to: Jean Quart~ 860 N. Bayview Road P.O. Box 269 ?Southold,_NY 11971 2. Article Number [] Addressee C.' Date of Delivery 3. S~vice Type 3~1 Cectifled Mall [] Registered [] Insured Mail [] Express Mail ~] Retum Receipt for Memhandlse [] C.O.D. 4. Restdcted Delivery? (Extra Fee) [] Yes 7008 0500 0000 9526 2334 Z ~ ~> 0 0 .,~ ~J 0 0 PS Form 3811, Februa~j 2004 Domestic Return Receipt 102595-02-M-1540; ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of JAY P. MANDELBAUM CTM Parcel #1000-70-13-20.15 SUPPLEMENTAL AFFIDAVIT OF MAILING STATE OF NEW YORK ) COUNTY OF SUFFOLK ) DIANE REILLY, being duly sworn, deposes and says, that deponent is not a pady to the action, is over 18 years of age and resides at Riverhead, New York. On the 5t' day of March 2010, I personally mailed at the Unites States Post Office in Riverhead, NewYork, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelope addressed to current owner shown on the current assessment roll verified from the official records on file with the Assessors for every property which abuts and is across a public or private street, or vehicular right-of-way of records, surrounding the applicant's property, on the following: Carmen Fallica 800 North Bayview Road Southold, NY 11971 )$~vorn tc b~~'JS ~' day Renee A. go~/ell Notary Public, State of New Yo~ No. 01G06103602 Qualified in Suffolk County ommissio~ Ex~Jres Doc. 29 Diane 15,eilly ~.32. 0,1/05/2010 7008 0500 0000 9526 2341 LAW OFFICES OF 206 ROANOKE AVENUE RIVERHEAD, NY ! 190! Carmen Failica 89 Josica Lane 1 ,,~ P.O. Box 815 ,',j ~kAquebogue. NY 11931 - UNABLE TO FORWARD PAID RIVERHERD. NY 1190 000 $OAZl 1193] 00062090-03 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Carmen Fallica 89 Josica Lane P.O. Box 815 Aquebogue, NY 11931 2. Article Numoer (Tmns~r from service labe~ A. Signature I'1 Agent X [] Addressee B. Received by ( Printed Name) C. Date of Deliver/ D. Isdelive~ address different from item 17~[] Yes Service Type [] Express Mail [] Registered '~ R~urn Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes 7008 0500 0000 9526 2341 PS Form 3811, February 2004 Domestic R~um Receipt 7006 2150 00Q3 4720 1895 LAW OFFICES OF HARVEY A. ARNOFF ~B ROANOKE AVENUE RIVERHEAD, NY 11901 800 North-Ba~ew ~o~a'~¢', ~' , Southold NY ~ '"* ~ x, ,ooo $O.ZlZl · Complete items 1.2, and 3. Also Compl6~e item 4 if Restricted Delivery is desired. · Print your name and address on ~he reverse so that we can return the car(l to you. · Attach this card to the back of the mailpiece, _or on the front if space ;)ermits. Carmen Fallica 800 North Bayview Southold, NY 11971 Rd. ~ ~gnamm X [] Agent PS Form 381 1, February 2004 Ma~l [] Express Ma~l 0Registered I"l Return Rscel-- fo [] C.O.D. pT r Merchandise 7006 2150 0003 4720 1895 Peter C and Sally S. Haeffner Jr 1080 Kimberly Lane Southold NY 11971 631 765 2603...516 359 3668 (c) phaeffner~verizon.net March 22, 2010 Town of Southoid Zoning Board of Appeals Lesli Kanes Weisman, Chairperson Re Gordon-Mandelbaum Tennis Court RECEIVED MAR ~ ~ 2010 BOARD OF APPEALS We own the property immediately adjacent to the lot upon which the proposed tennis court is to be located. We received the Legal notice and Samuels & Steelman Site Plan dated 9/15/09 fi.om Harvey A Arnoff. We respect the rights and opportunity this presents for the applicant to add to their most attractive property. We are clearly beneficiaries of their efforts to date. We currently are in Vero Beach FL and will be unable to attend the hearing scheduled for March 25th. I have asked Ann Locasio to represent our position at the meeting, by reading the following. "In general, we have no objection to the tennis court or its location. In fact, we believe it might even add to the "park like" character of the neighborhood. We have no objection to the fence height. The site plan submitted, at least that which we received, however, does not address issues we believe are most important. First, there is no mention of Lighting, and second there is no Landscape Plan offered. We are concemed the necessary removal of trees might be extensive. Thus, we would appreciate, and believe a Landscape Plan which would screen the facility from our property (and the properties opposite on North bayview Road) should be a requirement. Furthermore, unless said Landscape Plan also confines all Lighting, except ground level pathway lighting, strictly to the proposed tennis court, preventing same from being seen from the above referenced properties, we believe Lighting should not be permitted." Thank You for your consideration. Very Truly Yours, HARVEY A. ARNOFF Attorney At Law 206 Roanoke Avenue, Riverhead, NY 11901-2794 (631) 727-3904 Harvey A. Arnoff Paul K. Siepmann Lindsey M. Albinski Paralegal Colleen Grattan-Arnoff, R.N., LNC Fax No.: (631) 727-3940* *Not for service of legal papers email: harnoff~arnofflaw, com Of Counsel George F. Biondo Richard A. Hammer Thomas G. Nolan May13,2010 Via Hand Delivery Southold Town Zoning Board of Appeals Town Hall Annex 54375 Route 25 PO Box 1179 Southold, New York 11971 RECEIVED MAY BOARD OF APPEALS Re: Mandelbaum Building Permit Application Dear Sir / Madam: Enclosed herewith please find seven (7) drawings, super-imposed upon the survey of the Tennis Court and Building Envelope in connection with the above referenced matter. Additionally in consideration prior to the meeting scheduled for Thursday, May 20, 2010 at 2:00 p.m., please find seven (7) copies of the proposed Covenants and Restrictions, together' with and an original and seven (7) copies each of the following photographs: LAW OFFICES OF HARVEY A. ARNOFF Southold Town Zoning Board of Appeals May 13, 2010 Page -2 - 3. 4. 5. 10' tall wooden fence around tennis court with two 8' wide centered gates; North Bayview Road View; View of Roxanne Road; View of property line facing neighbor; View of North Bayview Road and Roxanne Road. If you have any questions, please feel free to contact this office. HAA/dmo Enc. Very truly yours, Harvey A. Arnoff ~_,.~ ~,~.~.~ .... _. cc: Mr. & Mrs. Jay Mandelbaum w/o enclosures May 23, 2010 TO: Southold Town Zoning Board of Appeals Southold, NY Fax: 765-9064 ~: RECEWED Regarding the application for variance to build a tennis court at the property located at 920 Kimberly Lane, Southold, New York SCTM: 1000-70-13-020-015, we as neighbors would like the Zoning Board of Appeals to consider the following: As represented by the owners attorney, Mr. Harvey A. Arnoff on May 20, 2010 at the hearing that no trees or shrubbery would be removed, however, at an inspection of the site from the map drawings presented to the Board, at least six White O~ts with a height of at least 50' would be removed and at least three 40' evergreens would be removed which would definitely change the natural setting of the neighborhood. The Wood fence as presented would not be in character the surrounding area and would definitely be an eyesore. As discussed at the hearing; even a 10' black chain link fence xvould not be in character. ( Many tennis courts that are chain link fenced have a black or green plastic privacy screening which is something that the Board never considered and IF the Board considered approving this tennis court and fencing - this should not be allowed. 3. Lighting should not be permitted and we feel would be a hazard to the roadway' and not in character with the neighborhood. As mentioned ground lighting should be excluded since there would not be a need to see where you are walking in the evening if a court is not lit. We /'eel the Board should not set a precedent in allowing a building lot to be used primarily tbr recreational activities such as; tennis courts, swimming pools, etc. Thank you, RECEIVED BOARD OF APPEALS HARVEY A. ARNOFF Attorney At Law 206 Roanoke Avenue, Riverhead, NY 11901-2794 (631) 727-3904 Harvey A. Arnoff Paul K. Siepmann Lindsey M. Albinski Paralegal Colleen Grattan-Arnoff, R.N., LNC June 1, 2010 Southold Town Zoning Board of Appeals Town Hall Annex 54375 Route 25 PO Box 1179 Southold, New York 11971 r Fax No.: (631) 727-3940* *Not for service of legal papers email: hamoff~arnofflaw, com Of Counsel George F. Biondo Richard A. Hammer Thomas G. Nolan JUN ~ ?.010 Re: Mandelbaum Building Permit Application Dear Members Of the Board: In response to the letter of submission bysix residents of North Bayview Road, feel it incumbent upon me to respond as follows: 1) It is impossible to not remove trees from the property in order to build a tennis court What the understanding of my clients was as well as the undersigned, was that we would agree not to remove any trees between trle tennis court and the roadway so that the natural screening would remain. Certainly, on a heavily treed lot as this one is, it would be impossible to build anything without removing trees, but we will agree that minimal trees will be removed in order to accomplish our goal. 2) My clients are agreeable to not installing a wood fence as proposed and would agree to put up a ten (10) foot black chain link fence. As they had no intention of installing black or green plastic screening, we have no objection to whatever determination the Board makes in this regard. LAW OFFICES OF HARVEY A. ARNOFF Southold Town Zoning Board of Appeals June 1, 2010 Page -2 - 3) My clients would prefer to have the opportunity to install minimal ground lighting. If the Board does not wish that installed, we will obviously abide by that determination. 4) Although it is not binding upon this Board, other municipalities have seen fit to make adjustments in their code so as to permit recreational activities such as tennis courts ,,u s,vi.,, ,~,n~ ~,uO,o ~u be p~aced on a bu,,u,, ,cj lu, '~,ithoU'., a prima~y structure. ; would be pleased to furnish the Board if it so desires with legislation that has, in fact, been enacted in other towns. We are not seeking to do that in this application but merely to obtain a temporary Certificate of Occupancy as per our application. Thankyou for youranticipated cooperation. Myclients and I appreciatethetime and the attention that this Board has given to this application. Should any additional information be needed, please feel free to contact me. HAA/dr cc: Mr. & Mrs. Jay Mandelbaum RECEIVED JUN '~2010 ~ BOARD OF APPEALS 10' TALL WOODEN FENCE AROUND TENNIS COURT W/TWO 8' WIDE CENTERED GATES BOARD OF APPEALS NORTH BAYVIEW ROAD VIEW - all trees and shrubs to remain along 20' area ~' BOARD OF APPEALS VIEW OF ROXANNE ROAD. PRIVET HEDGE OR NATIVE OLIVE TREES TO BE ADDED ALONG PROPERTY LINETO HIDE TENNIS COURT ~ RECE;fVED BOARD OF APPEALS VIEW OF PROPERTY LINE FACING NEIGHBOR. THIS VEGETATION TO REMAIN & ADDITIONAL SCREENING WILL BE ADDED USING NATIVE MOUNTAIN LAUREL TO SCREEN COURT. VIEW OF CORNER OF NORTH BAYVIEW ROAD AND ROXANNE ROAD I~AI' I, BOARD OF APPEALS HARVEY A. ARNOFF Attorney At Law 206 Roanoke Avenue, Riverhead, NY 11901-2794 (631) 727-3904 Harvey A. Arnoff Paul K. Siepmann Paralegal Colleen Grattan-Arnoff, R.N., LNC March 3, 2010 Via Certified Ma# - Return Receipt Requested Fax No.: (631) 727-3940* *Not for service of legal papers email: harnoff~arnofflaw, com .Of Counsel George F. Biondo Richard A. Hammer Ms. Carmen Fallica 89 Josica Lane P.O. Box 815 Aquebogue, NY 11931 RE: 920 Kimberly Lane, Southold, New York Tax Map No. 1000-70-13-20.15 Dear Ms. Fallica: Please be advised that an application for a Variance from Code Section 280-13 and 280-105A, based on an application for building permit to build a tennis court on a vacant lot, has been submitted to the Town of Southold Zoning Board of Appeals, concerning the above referenced parcel. The said application shall come before the Southold Town Zoning Board of Appeals for public hearing at the Town Hall Building, 53095 Main Road, Southold, New York, at 10:20 a.m. on Thursday, March 25, 2010. Enclosed are copies of the Legal Notice and the Site Plan. Thank you. HAA:rg Enclosures Harvey A.~rrr~ff Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765.9064 December 11,2009 Mr. Thomas Islesi:Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article,XlV of the Suffolk County Administrative Code: ZBA File # 6359 Owner/Applicant: Mandelbaum, Jay Action Requested: Proposed accessory structure, not permitted use on vacant lot. Within 500 feet of: ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural District ~i ( ) Boundary of any Village or Town If any other ~nformat~on ~s needed, please do not hesitate to call us. Thank you. Encls. Very truly yours, Gerard,~ Goehyinger/. ,, ZBA C~g~'ma~/ (/ / ,/ Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 June 11,2010 Harvey A. Arnoff, Attorney at Law 206 Roanoke Ave. Riverhead, NY 11901 Re: ZBA # 6359, Jay P. Mandelbaum Dear Mr. Arnoff: Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Transmitted for your records is a copy of the Board's June 10, 2010 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above application for variances. As per the conditions of your variance, Covenants and Restrictions are required to be filed with the Suffolk County Clerk. Enclosed is the format for the Covenants and Restrictions per Zoning Board of Appeals policy. Such Covenants and Restrictions shall be approved by the Town Attorneys office and filed with the Suffolk County Clerk and a recorded copy submitted to the Zoning Board of Appeals Office prior to issuance of a building permit. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of this determination to the Building Department. If you have any questions, please call the office. Sincere/cq~ , /~ Vicki Toth Enc. aSTm~TmO~,~,~,~'nO~ENOTICE ~ COUNTY OF SUFFOLK ~" ~ SOUTHOLD ~m~m 1000 SECTION NO 070 PROPERTY MAP