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HomeMy WebLinkAbout4305 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Lydia A. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 ACTION OF THE BOARD OF APPEALS DATE OF ACTION: Al~ril 11~ 1995 APPL. #4305. APPLICANT: DERRICK D. CEPHAS LOCATION OF PROPERTY: 1600 King Street, Orient~ NY COUNTY TAX DISTRICT 1000, SECT. 26, BLOCK 2, LOTS 12.2. BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector on March 23: 1995. "Proposed 10 ft. high fence will exceed four ft. height of fence in front yard area." PROVISIONS APPEALED FROM: Article XXIII, Section 100-231. RELIEF REQUESTED: Up to 10 ft. maximum height of proposed fence for tennis court structure in a front yard. MOTION MADE BY: Lydia A. Tortora, Member SECONDED BY: James Dinizio, Jr., Member ACTION/RESOLUTION ADOPTED: Granted excessive height of proposed 60' x 120' tennis court fence enclosure not to exceed 10 ft. from ground level, with the condition there be no lighting~ and setbacks from property lines shall be as applied. REASONS/FINDINGS: This property is a waterfront parcel. Section 100-33C provides that accessory buildings and structures may be located in a front yard. Accessory buildings are permitted to a height of 18 feet, while fences in a frontyard are not permitted above four feet in height. The setbacks of the proposed tennis court and fence enclosure is greater titan that required for a principal building. The variance is not substantial in relation to other buildings which are permitted in this yard area. No undesirable change is produced by the proposed fence height in the area designated in this application. The benefit sought cannot be achieved by some other feasible method other than an area variance. There will be no adverse effect or impact on the physical or environmental conditions of the neighborhood. VOTE OF THE BOARD: Ayes: Serge J. Doyen, Member James Dinizio, Jr., Member Robert A. Villa, Member Lydia A. Tortora, Member Gerard P. Goehringer, Chairman-Member This resolution was unanimouslyadopted. GERARD P. GOEHRINGER, CH~RMAN APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Lydia A. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, .pursuant to Section 267 of the Town Law and the Code of the Town of Southold, that the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Read, Southold, New York 11971, on TUESDAY~ APRIL 11~ 1995~ commencing at the times specified below: 1. 7:30 p.m. Appl. No. 4303 - STANLEY and JANICE FLISS. Request for Variance under the Zoning Ordinance, Article X, Section 10lC(l) (ref. accessory provisions, Section 100-33) for permission to locate building for garage with woodshop and storage use incidental to the principal use, presently single-family dwelling, in the westerly side yard area and partly in the rear yard area. The subject premises is located in the B-General Business Zone District and is known as 565 Old Main Road, Mattituck, NY; County Tax Map ID No. 1000-122-7-2. 2. 7:35 p.m. Appl. No. 4305 - DERRICK D. CEPIIAS. Application based upon the March 23, 1995 Notice of Disapproval from the Building Inspector, requesting a Variance under the Zoning. Ordinance, Article XXIII, Section 100-231 for permission to erect 10 ft. high fencing around proposed tennis court in a front yard area. The subject · Page 2 - Legal Notice Regular Meeting - April 11, 1995 Southold Town Beard of Appeals property fronts along Orient Harbor and is known as 1600 King Street, Orient, NY; County Tax Map ID #1000-26-2-42.2. This lot contains a total area of 7.5 acres and is known as Lot 2 on the Subdivision Map of Major Terrace approved on July 9, 1990. 3. 7:40 p.m. Appl. No. 4304 WILLIAM AND JANET WALSH. Application based upon the Ma~ch 2, 1995 Notice of Disapproval from the Building Inspector, requesting a Variance under Article XXIII, Section 100-239.4B for permission to construct an addition to existing dwelling with a setback at less than the required 75 feet from existing bulkhead. Property ID: 1555 Fleetwood Read, Cutchogue, NY; County Tax Map Parcel No. 1000-137-4-34. This lot has a nonconforming lot area of 12,875 sq. ft. and lot width of 50 feet. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. If you wish to review the files or need to request more information, please do not hesitate to call 765-1809 or visit our office. Dated: March 28, 1995. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski X X FORM NO. 't TOWN OF SOUTItOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date ~..~,-~ ..... ........... :.~..,..~.~..~. ............... .~~..~.,. :~.,..~. ~. ~. PLEASE TAKE NOTICE that your application dated .~./?. -'~' 19~ff' .... ~W ....... ~ ....... ~.~ .............. Location of Property .......................... ~o~ ~o. "' ' ~7e31 ....................... h3~ie~ County Tax Map No. 1000 Section .... ~ ...... Block .. ~. ~ ....... Lot ..~ ..... Subdivision ................. Filed Map No ................. Lot No .................. is re_turned?~re, with and disapproved ox( the following gro~unds..?.~...e~...~~ · .~..~../.~ ~..-.~/.. ~ ~ ~A.z~ ~ .~ :.~. .... ..' "~/~~ ..... , ................... :...: .... :, ....... ,. ~ ...... ~ ...... ~~ ..... ~~ .,,~. . ~ .... ............ ......... . ..... ~ ~/.~~. . .~~. ~ .... ~ ~.. 1/80 Examined ............... 19 FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765-1803 Approved ................ ,19... Permit No ............ Disapproved a/c .~ .~.~/~.. ~ ............. (Building Inspector) APPLICATION FOR BUILDING PERMIT Application No .................. ~! :r!AR . 3" Date March 22 1995 INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- cation. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to inspectors on premises and in building · ~' "~ff '/~'/' /'~ admit authorized for necessary ins/p~/t~ons., ( /ature of applicant, or name, if a corporation) P.O. Box 1424, Mattituck, lq.'/. 11952 (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. Agent: Attorney for owner Name of owner of premises Derrick D. Cephas and Donna Sisselman Cephas (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. (Name and title of corporate officer) Builder's License No. (SCi! 13662) Sea Breeze Tenn±s, Inc. Plumber's License No ......................... Electrician's License No ....................... Other Trade's License No ...................... 1. Location of land on which proposed work will be done. Corner King Street and Douglas Road .................... 15~'~_~h~ ....................... House Number Street Hamlet .......... County Tax Map No. 1000 Section 26 Block 2 Lot 42.2 Su ..... Minor Sub. of Mamor Terrace OalVlSlOn ................. ~. ......... Filed Map No ............... Lot .2 .............. (Name) 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy ]Re~;i_dence b. Intended use and occupancy Add tennis court and fence Repair .............. Removal .............. Demolition .............. Other Work ............... (Des?iptlon) 4. Estimated Cost $10,000.00 ...................................... Fee ...................................... (to be paid on f'fling this application) 5. If dwelling, number of dwelling units ............... Number of dwelling units on each floor ................ If garage, number of cars 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use ..................... 7. Dimensions of existing structures, if any: Front ............... Rear .............. Depth ............... Height ............... Number of Stories ........................................................ Dimensions of same structure with alterations or additions: Front ................. Rear .................. Depth ...................... Height ...................... Number of Stories ...................... 8. Dimensions of entire new construction: Front ~e. beJ-o~. ..... Rear ............... Depth ............... Height ............... Number of Stories ............................................. - ........... 9. Size of lot: Front 39.4 ................... Rear .3.39 ................... Depth 965 10. Date of Purchase . ~.27~77.9.1 .................... Name of Former Owner Major A's's'o'c'~a't'e's ............. 11. Zone or use district in which premises are situated..R.-.8.0 ...... 12. Does proposed construction violate any zoning law, ordinance or'r;~iaiio'~/?.' i i i i i i i i i i i i i i i i i i i i i i i i i i i i i 13. Will lot be regraded .Mp .... .~ .... _. ,..~.., .......... Will exqess~fill~e removed from premises: Yes No 14. Name of Owner of r ' uerr~_c~ ~epnas -._ cio wxc~nam ~- .. ~no o~ Name of Architect ........................... Address ................... Phone No ................ Name of Contractor 3.e~ ~r.~e~ .T.~mx~,s. ........ Address .C.u.t.c.h.o. gu.q ......... Phone No. 7.3.4.-.6.5.8.6. ....... 15. Is this property within 300 feet of a tidal wetland? *Yes ....... No .......... *If yes, Southold Town Trustees permit may be required. Structure 850' feet from Peconic PLOT DIAGRAM Bay Locate clearly and distinctly all buildings, whether existing or proposed, and. indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or comer lot. See sketch and survey attached Tennis Court: 60' X 120' Fencing: 10' vinyl link with 5' at center of sides and gate. No lighting is proposed. STATE OF NEW YORK, COUNTY OF $.UFI*.OLK ......... S.S Abigail A. Wickham ................................................. being duly sworn, deposes and says that he is the applicant (Name of individual signing contract) above named. SHe is the . agent ................................................................................... (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application;that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this · M c~c~6~ da' of arch .~ 95 ........... ~fi~ ......... y ..................... , 15... ~olar~ Public, Stero o~ New Your .... . .... '. '~; .'.' ~ ......................... '~. · No. 4782474 Abxgail ~. Wiekham (Signature of applicant) Qualified in Suffolk Counl~_ Commission Ex~ire$~/~'>/~ <~ TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ~ ~ DATE ....3.~..2..3.L..9..5. ............. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y, 1, (We) Derrick D. Cep. has of 27 West 44th Street Name of Appellant Street and Number New York NY 10036 HEREBY APPEAL TO kAuni~inality State THE ZONING 8OARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (X) Nome of Applicant for permit of 10315 Main Road, P.O. Box 1424, Mattituck, NY 11952 Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Permit to construct fence around proposed tennis court 1. LOCATION OF THE PROPERTY gang / .Qg.~g~.9.9.. ~.tZ.~.e..e..t.9.~,....O.~.e..q.t.,,...,N.~ ...... R80 . . Street /Hamlet / Use District on Zoning Map District 1000 Section 26 Block2 Lot 42.2, ........................... ~,urrent OwnerS Derrick D. Cephas & Donna Sisselman Mop No. ' Lot No, Pti or Owner· .Major Associates Cephas 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article XXIII Section 100-231 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( A VARIANCE to the Zoning Ordinance or Zoning Mop (X A VARIANCE due to lock of access (State of New York Town L~' Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (h~ (has not) been mode with respect to this decision of the Building Inspector or with respect to this property, to applicant's knowledge. Such appeal was ( ) request for a special permit ~ ) request for a variance and was made in Appea! No ................................. Dated ............................. , ........................................ REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (X) A Variance to the Zoning Ordinance ( ) is requested for the reason that applicant wishes to construct a fence and tennis qourt on the property, nd the fence will exceed the height requirement. The fence will be 10 feet high at the ends of the court; and 5 feet and 10 feet high along the sides of the court. (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because a tennis court cannot be effectively used with a low fence of the height permitted by the Zoning Ordinance. 2. The hardship created is UNIQUE and is not shared by all propedies alike in the immediate vicinity of this property and in this use district because this is a large 7 acre parcel, and there is ample room for a tennis court, 'unlike many other nearby parcels which are.considerably smaller~ 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISZRiCTbecause the size of the lot will minimize the impact of the court. Since the court will be located far from the street lines and boundary lines, the height of the fence will not appear out of proportion to the lot and neighborhood. The fence will be vinyl chain link and will be "see through" and of a color which will blend with the surroundings. STATE OF NEW YORK ) ) ss COUNTY OF SUFFOLK ) Sworn to this ................... ,..~...,.,.~, · ............ day ................... of ......... M~:I:[~ ..................................... 1995 OWNER LAND IMP. TOTAL STREET TYPE OF BLD. :: ' , . ,: ,.v-..xc+,,.~.~t .,.~:..... ~,'c,.(~ :~,,,-: ~',',,,~ ~:--'.,~.,,*~~~Z,$,,'~x'-,-,?, ." ........ ..,,.,~, ,.. ........ ~. .. ..:, . . ..... . ~., .. , ? .. ,. ...... ... :.., ....... .,... ,,,.~.~ TOWN OF ~OUTHOLD PROPERTY RE~ORD ~ARD, .- VILLAGE [ ~T. . SUB. LOT ~ ' REMARKS PROP. C LASS,_,,,~ DATE FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD' TILLABLE WOODLAND MEADOWLAND HOUSE/LOT TOTAL M. BI~. ~ ~' ,y t~--~ ~- Z.'~. Foundation · [ 'Y'z.... Dinette Extension '2-! ~,' Z~--~'('~) ,~.00 ~.~(,:::,{.~ Basement ~sL^, '~'~-- · Floors .,-:.,. ~¢ Kit, Extension~ Ext. Walls ~ ~G~ Interior Finish ~d L.R. I~ Heat ~S D.R. Extension ~ ~ ~ ~ %~ ~,~ Z~ FirePlace ~D . ~ ~ ~ ~ ~ ~ , ~-~ ~ Woodstove BR. '" Fin. B. Por~'~s5 ~ ~ ~ ~ ~,~ [Z~ Dormer Deck ;(~ ~ ~ ~ ~ ,~ ~ Attic Breezeway Rooms 1st Floor ~ ~ Garage Driveway ~ ~t~ ~ms 2nd Floor ~ -. ~ Pool . · - · 'g 5. : .'.'" ',,-.'.'. ..... ,., : , ~ SUFFOLK CO. HEALTH DEPT. APPROVAL iF MAP P E ~ {~F '30,,j;Fa'~LD ~-. v, ~X -' ~. / SY~S FOR THIS RESI~NCE WILL /. ~.. ' ~_ ,J CONFORM TO THE STANDARDS OF THE ~ X SUFFOLK ~. DE~. OF HEALTH SERVICe. ~ / -" ~' I ~ ~ ~ ~ ', // SERVICES -- FOR APPROVAL ~ ~ ' ." ~ / I '~ ~ ,. /. ~ .-- / / X ~ ~ ,, ~ CO~TRU~DN ONLY ~- , ~. 8. 8~. ~0.: u ~ ~ , / / ...~. ~ ,.. ............... ~ ~. L~ P.~ ~) ~ L~~ .~' ~ : //-"" .-- - ," ~,' A~A,T, STAC ~.~ .. ,, ~ ~0~ ~CE, ~ ....... ~,. , ,, LICE~D LAND SURVEYORS GREE~T NEW YORK Page 9 - Hearin n cript Regular Meeting of April 11, 1995 Southold Town Board of Appeals MR. CHAIRMAN: All in favor? BOARD MEMBERS: Aye. 7:45 P.M. Appl. No. 4305 - DERRICK D. CI~I~HAS MR. CHAIRMAN: Application based upon the March 23, 1995 Notice of Disapproval from the Building Inspector, requesting a Variance under the Zoning Ordinance, Article XXIII, Section 100-231 for permission to erect 10 ft. high fencing around proposed tem~is court in a front yard area. The subject property fronts along Orient Harbor and is known as 1600 King Street, Orient, N.Y.; County Tax Map ID #1000-26-2-42.2. This lot contains a totai area of 7.5 acres and is known as Lot 2 on the Subdivision Map of Major Terrace approved on July 9, 1990. I have a copy of a survey produced by Roderick VanTuyl PC., again with the date of May 15, 1990, indicating a penciled in area of the proposed Tennis Court which is in both front yards, both of Douglass Street and of King Street, 60 x 120 foot court area and on this parcel also is penned in the existing house and shed and I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Ms. Wickham it's so nice to see you, would you like to be heard? GAIL WICKHAM: Thank you. I believe that except for the 10 foot artifacts we do fit within the front yard exception for property for Page 10 - Hearing Transcript Regular Meeting of April 11, 1995 Southold Town Board of Appeals accessory structures. The location was selected becaLise of primarily because it is the best the most open area on the property and because of the wind factor it's slightly lower than some of the other area but most of it lies quite flat. that it is a 7-1/2 acre piece and (Someone rattling paper, inaudible). I'd be glad to answer them. All I'd like to say really is it is not further subdividable. If the Board has any questions MR. CHAIRMAN: Alright. While you're standing there we'll ask the audience. Is there anybody would like to speak in favor of this application? Anybody like to speak against the application? Seeing no hands, start again with Mr. Villa. MEMBER VILLA: OK, with me. MR. CHAIRMAN: No, Jim? MEMBER DINIZIO: No. MR. CHAIRMAN: OK, Lydia, Serge? MEMBER TORTORA: No. MEMBER DOYEN: No. MR. CHAIRMAN: Could you just tell us the approximate distance from, by the way, when I said that it was in the front yard area, I know that it conforms to the, I just meant that it, it is in the front yard. Could you just tell us the approximate distance here? GAIL WICKHAM: Yes, if you look at the a, the setbacks on the front yard here are 60 feet and the court is located approximately 75 feet inside the southerly setback line so that woltld be 135 feet roughly and about 60 feet, a total of 140 feet in from King Street. That's an approximate distance and again the State side the property Page 11 - Hearing"Transcript Regular Meeting of April 11, 1995 Southold Town Board of Appeals would approximation but it would be in that general area and the reason for the angle of the court is due to the wind directions. MR. CHAIRMAN: Alright, and for the record it's a 10 foot fence just to reiterate what you were saying and at this time there is no request for lighting. Is that correct? GAIL WICKHAM: There is no, there is to be no ..... . MR. CHAIRMAN: No lighting. Alright, hearing no further comment, seeing no hands, does anybody want to make a motion? MEMBER DOYEN: I will. MR. CHAIRMAN: Alright. MEMBER DINIZIO: I'll second it. SECRETARY KOWALSKI: You're approving it as applied BOARD for? MEMBER DINIZIO: No tights. BOARD SECRETARY KOWALSKI: MR. CHAIRMAN: No lights, lights. Jimmy you second? MEMBER DINIZIO: Yes. MR. CHAIRMAN: All in favor? BOARD MEMBERS: Aye. No lights. yes, with the provision there be no 8:12 P.M. Appli. No. 4304 - WILLIAM and JANET WALSH DEPARTMENT OF PLANNING Town of Southold Zoning Board of Appeals e~'i~OuNTY O~ SU~OL~i ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE May 1, 1995 STEPHEN M. JONES, A.I.C.P. DIRECTOR OF PLANNING NAY - 3 Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county-wide or imer-community impact(s). A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) 3Fliss, Stanley J. / Cephas, Derrick D.o/ Municipal FileNumber(s) 4303 4305 GGN:mb Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G. Newman Chief Planner APPEALS BOARD MEMBERS Gerard P, Goehdnger, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa .Lydia A. To~z~a BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Pursuant to Article XIV of the Suffolk County Bz~ministrative Code, The Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County PlannJ_ng C~mcLssion: X× Variance from the Zoning Code, Article XXIII , Section 100-231 Variance from Determination of Southold Town Building Inspector ~Special Exception, Article , Section ~Special Permit Appeal No: 430~ Applicant: Derrick D. Cephas Location of Affected Land: 1600 King St., Orient, County Tax Map Item No.: 1000- 26-2-42.2 Within XX Comments: Cop-ies of Town file and 500 feet of: Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Existing or Proposed Right-of-Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines; or __Within One Mile of a Nuclear Power Plant Within One Mile of an Airport Applicant is requesting permission.to place 10' high fence in the frent ye~d ~ related documents enc]0$~d for your review. NY Dated: April 20, 1995 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Lydia A. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 April 18, 1995 Abigail A. Wickham, Esq. Wickham, Wickham & Bressler, P.C. l~ain Road - Box 1424 Mattituck, NY 11952 Re: Appl. No. 430~- Derrick D. Cephas (Tennis Court Fence) Dear Gail: Enclosed please find a copy of the Board's determination regarding the above variance application. A copy of this determination has been furnished to the Southold Town Building Department pertaining to the original building permit application request. However, it will be neeeseary for you (or the owner) to contact the Building Department (765-1802) to be sure your building permit application request is complete for further processing. Issuance of a building permit is required before commencing construction activity. Also, since the subject property is located within 500 feet of a waterway a referral, and review is required by the Suffolk County Department of Planning. Copies of the file have already been transmitted for their review and determination as required under the County's Administrative Code, and their response is expected within the next ten (10) days. If you have any questions, please feel free to call. Very truly yours, Lin.da Kowalski Enclosure Copies of Decision to: Building Department Suffolk County Department of Planning WICKHAM, WICKHAivl 8: BRESSLER, MAiN ROAD, PO BOX 1424 NIATTITUCK, LONG ISLAND NEW YOF~K 11952 ~aro~ 28, 1995 Town of Southold Board of Appeals Town Hall Main Road Southold, New York 11971 Re: Proposed application of Derrick Cephas for a tennis court with fence exceeding permitted height Gentlemen: Enclosed are a sketch and specifications for the proposed tennis court and fence. If you would like additional information prior to the hearing, please advise. AAW/J as Encls. Sincerely yours, J \l\townvar2 60' x 120' Clay Tennis Court we will: Remove topsoil and stockpile on property Remove loam and bring in required fill Spread loam back on top at an average depth of 8" Create proper grade and pitch Add he£bicide to retard weed growth Fine grade court and roll firm Spread 5 tons of Har-Tru type material Install irrigation system- Six heads with automati~ controller Install net posts with sleeves set in concrete Nail lines, install net and center anchor Supply 7' tennis cpurt brush and line sweeper Fence - All'vinyl coated~black or green 240 feet of'10' hi, ence and 120' of 5' high fence Wif~ ~WO' 5' BOARD OF APPEALS:TOWN OF SOUTHOLD In the Matter of the Application of DERRICK AND DONNA CEPHAS CONFIRMATION OF POSTING he.by ~irm ~at on the I~day of April, 1995, I perso~y posted the property ~own as "1600 King St~t, Orient, NY, ~o~ as County T~ ~o ~100~-26-3-42.2" by p~c~g the Town's offic~ poster No~ on [~00 ~,~. ~~ fac~g the ~d side of the p~perty, ~d ~t I a~e to ~int~ the poster in thi~ lo~on at l~t seven days prior to the date of the public hca~g (date of h~g noted the~on to be held April 11, 1995.) Dated: AOr~ {~ 1995. WICk/AM, LAW OFFICES ~ & m gSI ER, C. ~'. O. Box 1424 Mattituck, New York 11952 (516) 298-8353 To: Town of Southoid Board of Appeals Town Hall 53095 Main Road Date: April 3, 1995 P.O. Box 1179 Southold, New York 1197i Re: Derrick Cephas, application for tennis The accompanying papers pertain to this account: court fence --------__ Mortgage Bond -------___ Mortgage ------____ Building Loan Agreement -----_____. Deed -------___ Extension Agreement ---_______ Our Bill ------____ Termite Inspection --.----.____. Water Test Results -------___ Certificate of Occupancy --------__ Assignment -----_____ Escrow Check ----______ Fire Insurance Po/icy -----_____. Title Insurance Po/icy -----_._._ Re/ease -------.--__ Satisfaction ~ Survey -----._____ Tax Bill or Receipt -----_____ Closing Statement ---------_ Amortization Schedule -----______ Title Company Receivted Bi ----.----____ Broker's Receipted Ball '11 ~ Otheroriglnal, executed Confirmation ------____~tllgl~ of Posting. ------___ Other APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Lydia A. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD March 28, 1995 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold~ New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Abigail A. Wiekham, Esq. P.O. Box 1424 Mattituck, NY 11952 Re: Appl. No. 4305 - Derrick and Donna Cephas (Variance) Dear Gall: Please find enclosed a copy of the Legal Notice published thi.g week by our office. You will note that the public hearing on this application will be held on Tuesday, April 11, 1995 at the Southold Town Hall. Also, enclosed is a Poster Notice which must be placed either on a stake and located in the front yard (road side) of your client's property, or on the front of the building closest to the road, where it can be easily seen from the travelled road. The poster must be conspicuously located at this time since the Board Members are planning to visit the area within the next week or so. The attached Co~ffirmation of Posting should be signed and returned to our office either by mail or hand delivered for our record. If you have any questions, please call us. Thank you. Very truly yours, Linda Kowalski Enclosures P.S. Reminder if not done - please be sure that tim owner stakes the four corners of the approximate location of the tennis court for viewing by the beard members. NOTICE OF HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York, concerning this property. OWN.ER(S) OF RECORD: DATE OF PUBLIC HEARING: If you have an interest in this project, are invited to view the Town file(s) which are available for inspection prior to the day of the hearing during' normal business days between the hours of 8 a.m. and 4 p.m. BOARD OF APPEALS · TOWN OF SOUTHOLD · (516) 765-1809 BOARD OF APPEALS:TOWN OF SOUTHOLD In the Matter of the Application of DERRICK AND DONNA CEPHAS ................... ~ ...................... X CONFIRMATION OF POSTING I, , residing at hereby confirm that on the day of April, 1995, I personally posted the property known as "1600 King Street, Orient, NY, known as County Tax Map #1000-26-3-42.2" by placing the Town's official poster Notice on facing the road side of the property, and that I agree to maintain the poster in this location at least seven days prior to the date of the public hearing (date of hearing noted thereon to be held April 11, 1995.) Dated: April , 1995. (signature) ~NOTICE !S~,~I'~EREBY GIVEN, i Sontbo!d, thai~nblic ~53095 Mann.oM;' S0a~old~ ~w S~fl~ ~i~:. ~. ~ I: 7:~0 P.m~-AppL N& 4~03 ~: STANLEY and JANI~E FLISS. ~, ~ X, ~ 101~1) {tel/accessory p~slons, Section count, ov sd oLK ) ~of Mattituck, in said County, being duly sworn, mya that he/she la 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 ~dd Newspaper once each week for e~- weeks on the ~ day of Section 100-231 for permission to erect I0 ft. high fencing around pro- po~d I~'nnis cour[ in a f~mt yard are~. Thc subject property fronts along Orient Harbor andjs known as 1600 King Street, Od~nt, NY; Co~oty Tax Map D # 000-26-2-42.2. This lot comaina a total a~ea of 7.5 ~ and is t~ known as Lot 2 on the Subdivision ' Map of Major Terrace approved on July 9, 1990. 3.7:40 p.m. AppL N~. 4304 -- WILLIAM and JANET WALSH. Application based upon the March 2, 1995 Notice of Disapproval from tl~e Building Inspector, requesting a Variance under Article XXlll, S~cfion 100-239.4B for permission to con- st~uct an addison to existing dwelling with a setback at loan than th~ ~quimd 75:~eet from_~ xis~'~g _buIkhead. Property ID: 1$5:~Fl~lwood Road. Cutchogue, NY; County Tax Map Par~xl No. 1000-137-4-~4. This lot has fl. and lot width of 50 fe~L The Board of Appeals will at said time and plak. hear any and all p~- comments may also ba submitted prior to the conclusion of the subject hear- ing. Each b~aring will not start before the times designated above. If you wish to review the files or need to ~quest mor~ information, please do not h~sitam to call 765-1809 or ~visit ou~ offi~. Dasd: Match 28, 1995. BY ORDER OFTHE SOUTHOLD TOWN · BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski 8291-1TM30 100-33} for pmmissi0n Iolaca~buiM:i: lng for garage:with woodahop and i succeaslvely, comme~cl_ng stm"age Usc incide.~l ~'the principal ' ~ 19_.(_(_(_(_(_(_(_(_~ usc, lY~'~ntly single-family dwd lng. 'in thc Westerly :side yard ~ea and I~'t- ly in tl~ rear yard a~ea. The subject pmmi$~a i~ located in-th~'B-C~ne~al Buain¢~ Zono Di~t~iot and ia known a~ 565 Old M~ia Road, Mattituck, NY; CHRl~l'l~ VO County Tax Map ID NO. 1000-122'7' Notary PuNbloi.C,5~ ~ Principal C~erk ~2. 7:35 p.m. Appl. NO. 4305 -- Oualified in Suffolk CounW DERRICK D. CEPHAS. AppliCati°n Commi~ of Disapproval from thi B~ilding Inspeot~, r~l~'sfing # Vnd~nce u~ tl~ Zoning Ordirmn~e, At,cie XXIII, NO~ll"y Public Page 3 - Legal Notic~ Regular Meeting - April 11, 1995 Southold Town Board of Appeals Copies to the following 3/28/95: Times-Review Newspaper (fax transmission) Newsday (Courtesy Copy for Government Watch Section) Traveler-Watchman (Courtesy Copy) Original Posted on Town Clerk Bulletin Board in Town Hall Lobby Building Inspector's Office Planning Board Office Applicants/Agents as noted below Copies to ZBA Members with copies of file documents in boxes on 3/28/95: Applicant/Agent* Copies to: *Mr. and Mrs. Stanley Fliss, 565 Old Main Road, Mattituck 11952 *Abigail Wickham, Esq. as Attorney for Derrick and Donna Cephas Box 1424, Mattituck, NY 11952 *Mr. and Mrs. William Walsh 7 Michigan Road, Bellerose Village, NY 11001 APPE_ALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Lydia A. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD S.E.Q.R.A. TYPE II ACTION DECLARATION ~pp?al ~o.. 4305 ro3ect/App±icants: County Tax Map No. Location of Project: Derrick Cephas 1000- 26-2-42.2 1600 King Street, Orient, NY Southold Town Hall 53095 Main Road RO. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 March 24, 1995 Relief Requested/Jurisdiction Before This Board in this Project: Construct tennis court with 10' high fence This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted; however, Section 617.13 of 6 NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the Type II classification as established by law. Further, this Department may not be an involved agency under SEQRA {Section 617.13{a) as amended February 14, 1990}. Although this action is classified as Type II for this variance application under SEQRA {specifically 617.13, 616.3(j), and 617.2(jj)), this determination shall have no affect upon any other agency's interest or SEQRA determination as an involved agency. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, $outhold, NY 11971 at (516) 765-1809. Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record purposes. mc JUDITH T. TERRY 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 (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATE: RE: Zoning Board of Appeals Office of the Town Clerk March 27, 1995 Zoning Appeal Appl. No. 4305 - DERRICK D. CEPHAS Transmitted herewith is Zoning Appeal Appl No. 4305 - DERRICK D. CEPHAS together with a letter from Mr. & Mrs. Cephas authorizing Abigail A. Wickham to submit a variance application dated March 22, 1995, a letter from Wickham, Wickham & Bressler dated March 24, 1995, the Notice of Disapproval from the Building Department, the Notices to Adjacent Property Owners, the Short Environmental Assessment Form, a copy of the Survey Map of Property, a copy of Town of Southold Property Record Card, a copy of a drawing of the proposed tennis court and a copy of the Building Permit Application. Judith T. Terry Southold Town Clerk BY HAND WlCKHAM, WlCKHAM ~ BRESSLER, P.C. MAIN ROAD, PO bOX J424 MATTITUCK, LONG ISLAND NEW YORK 11952 March 24, 1995 NtORTGAGE OFFICE 516 298-5300 tElEFax NO 516 Town of Southold Board of Appeals Town Hall Main Road Southold, New York 11971 Re: Proposed application of Derrick Cephas for a tennis court with fence exceeding permitted height Gentlemen: Enclosed are the following documents regarding the above application: 1. Application. 2. Notice to Adjoining Property Owners, with certified mail receipts. 3. Short form Environmental Assessment form. 4. Four prints of survey showing all existing structures and the proposed site of the tennis court. 5. Filing fee in the sum of $150.00, to the order of the Town of Southold. 6. Notice of Disapproval from the Building Department. 7. Owner's consent. /jas Encls. If you require any further information, please advise. Thank you. Sincere~'Y yourS, ' 60' x 120' Clay 'Tennis Court we will: Remove topsoil and stockpile on property Remove loam and bring in required fill Spread loam back on top at an average depth of Create proper grade and pitch Add he£bicide to retard weed growth Fine grade court and roil firm Spread 5 tons of Har-Tru type material Install irrigation system- Six heads with automatic controller Install net posts with sleeves set in concrete Nail lines, install net and center anchor Supply 7' tennis court brush and line sweepe~ Fence - All vinyl coated-black or green 240 feet of 10' hig~ fence and 120' of 5' high fence with two 5' gates SEOB 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PARTI--pRoJECTINFORMAT1ON (To be comDle[~ :/ ADDlicant or Proiect s~3onsor) ~..~c,~,,~ Orient Town of Southold co~m-~ Suffolk S/E corner of Kings Street & Douglas Street Construct tennis court and fence. Fence, 10 feet high at ends of court and 5 feet and 10 feet high at sides of court, will exceed height restrictions. Cep~as ^~,,¢=.,~on$o, n,~,: A~gail A. Wt~kh~t~s A~ent for Derrick D, If the action is in the Coastal Area. and you are a state agency, coroplete the Coastal Assessment Form before procoeding with this assessroent OVER 1 (Con'tinued on reverse side) (a;~--~-n order to answer the questions in this short EA_~ it is assumed that the preparer will use currently available information project and th~ likely impacts of the action. It is concerning the additional studies, research or other investigations n~t expected that (b) If any question h~ ~ ...... (c) If all questions have been answered NO it is likely that the project is not significant. 1. Will project result in a larce physical chance than 10 acres of land? ~ -£ rl _- . -.~- ~ site or struct- 10. Will project have a m~jor effect ~n exist'in~ or~ - 14. Will project directly affect the existing co~unity by Causing a ~rowth in permanent popula- perlod or have a ma]or negative effect on the charact~r of the come, unity or neighborhood? 15. Is there ouJ31ic_con~.ove pro]ect?' ~-~ '' rs~concernl~g the ~Yes x NO ~Yes X NO ~Oate: 3/23/95 z a,.' '-we au~or~s~ ~r attorney, '~iga~L A., w~an, ~o · u~ I vmrianoe appl~oe~lon ~ ~o~ tn5 to ac~ as our ~r~en~a~ive wl~ ,~spe~ ~o ~he varA:an~ ~p~Aoa~ion. .Very ~xy yours, SOUTHOLD TOWN BOARD OF APPEALS INSTRUCTIONS FOR VARIANCES OR SPECIAL EXCEPTIONS 765-1809 Please submit the following, by mail or hand delivery: 1. Notice of Disapproval and a copy of your application and map . submitted to the Building Inspector (for his review 765-1802). Application, typed or neatly written, signed and notarized: a. Article and Sections of the Code must be printed in detail b. Describe permission or relief on bottom of first page. c. Street Address, Name of Subdivision (if any), County Tax Map Number (all from Notice of Disapproval). d. Zone District (from Building Inspector's Office). ~ Current owners' names and addresses. Persons other than owners musk ~u~,~u w~en authorization, from owner and.~Affidavia o~ Disclosure if a corporation, partnership or other entity. f. Describe difficulties or hardship due to strict compliance with the zoning regulations. (Side 2) (g. Special Exception Form ZB2 must include uses and activities existing as well as those proposed, in addition to maps. h. Sign applications must include general wording of sign, ~3.// dimensions, height from ground, location with distances to property lines, written permission from property owner.) Notice to Adjoining Property Owners Form: a. Confirm current adjoining landowner names and addresses with Assessors Office. (Notice must also be given to owners of private rights-of-way.) b. Send copies of this form by certified mail to each adjoining landowner (with front side completed) together with copy of your map or sketch. c. Receipts must be postmarked by Post Office at time of mailing. -' d. Return original form, with reverse side completed, signed and notarized, to ZBA office with postmarked mail receipts. Environmental Assessment Form (Short or Long Form) completed and signed. {If "yes" box on questionnaire is checked, additional forms will be necessary.} 5. Z.B.A. Questionnaire. {If "yes" box is checked, please furnish additional information.} Please complete and sign. 6. Copies of: (a) sketch/building floor plan, height of structure Please include location of entrance doors; (b) current or available Certificate of Occupancy from Building Department; (c) current deeds are necessary for subdivision projects or new dwelling projects. Original and three prints of a survey (or other certified map to scale, showing showing all setbacks of existing and proposed structures, patios, driveways, wetland areas, square footage and dimensions of lot, dimensions of new construction, fences, tanks, overhangs, chimneys, etc. (If your project involves total lot coverage at more than 20% of the area of the lot, please provide lot and building calculations.) 8. If new construction is proposed at this time, please flag outside cornersfor on-site inspections as early as possible. Photographs of flagged construction areas should be submitted at least 14 days before the expected hearing date. (Photographs are required for areas between wetlands and flagged area of new construction under consideration, if any.) 9. Filing fee check payable to the "Southold Town Clerk." (A copy of the fee schedule is attached,) {Fees will not be recommended for a refund once a public hearing has been held and advertised.} Your receipt for filing will be forwarded to you within 72 hours after review and receipt of all the above documentation. Written notification of the hearing date will be confirmed by mail by way of a copy of the Legal Notice (as advertised in the L.I. Traveler-Watchman and Suffolk Times newspapers). If your project: (a) involves freshwater or saltwater wetland areas, please be - sure to file applications to the Town Trustees and N.Y.S. Department of Environmental Conservation {subdivisions included) and provide proof of filing and a copy of the SEQRA determination, when available; (b) abuts other property you own, please provide us with copies of all deeds {a single-and-separate title search for substandard lots may be requested if one is not available); (c) involves a lot-line change, increase in density, or commercial use, please be sure to file an application with the Planning Board for coordination with the Z.B.A. as early as possible and furnish proof of filing or other recent correspondence you may have from the Planning Board. Please feel free to call at any time if you have any questions. Rev. 1/88, 5/13/911k (?Irz~.e U~ this Form lot Filing your Loc21 L2~' with the Stcrrt:~ry o[ S~te) Text of I~w should bc given as =mended. Do not include m=ttcr being ~iZ'~ Southold Town of .................................... ..... ......... . ...... L,ocalLzwNo ...................... ;.. ol[~cy~, x~ :: ........ Aloc=ll2w ........ ].n. Relation to Zoning Application Fees ... ]3 it te~ by the ' f th e en2c .................. Town Boa~d ~i:~ of Southold · as follows: I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended as follows: Section 100-262 (A) (Application; hearing; approval; violations of conditions] is hereby amended to read as follows: An application for a special exception approval shall be on the form for the same provided by the Zoning Board of Appeals and shall be submitted in triplicate to the Zoning Board of Appeals, .which shall review the application for completeness and conformity with this chapter. The Zoning Board of Appeals shall reject the application if' it is not complete or not in conformance with the Zoning Code and shall notify the applicant as to the reason for such rejection. If the application is satisfactory, the applicant and the Zoning Board of Appeals shall set the application (~own ~or'a public hearing. The fee loc a special exception shall be three hundred dotlars ($300.), as set forth in Section 100-274. 2. Section 100-274 (Fees) is hereby amended to read as follows: Applications.to the Board of Appeals for any relief herein shall be accompanied by a fee as hereinafter provided: ,~.A.' '~=or applications involving fences, accessory structures, or ~.. - ~-~accessory buildings containing less than two hundred square feet (200) in floor area, the fee shall be one hundred fifty dollars ($150.). B. For all other applications, including those involving commercial .property, Containing a single request (for example, an application · requesting one variance or an application requesting a special exception), the fee shall be three hundred dollars ($300.). C. For ~pplications containing ~ore than one request, (such as: an application requesting an area variance and a width variance), the fee shall be five hundred dollars ($500.-). II. This Local Law shall take effect upon its filing with the Secretary of State. (I! lddi~ional sp:~ce is needed, please =tt=ch sheels of the s~me size is this ~ncl number e~ch) .. ..................................................................... · ~oooo TRAMSMISSIOM RESL~_T REPORTsoL~D.-.~ ......... TOwM(MARHALL23516'9576501:~5PM)1823 .................................................................................................................................................................................. (AUTO) DATE START REMOTE TERMIMAL TIME RE- MODE TOTAL PERSOMAL LABEL FILE TIME IDEMTIFICATIOM SbLTS PAGES MO. MAR ~3 Ol:35PM 516 ~988565 00'44" OK ES 01 E)ECM >)REDUCTIOM S)STAMDARD M)MEMORY C)COMFIDEMTIAL ~)BATCH D) DETAIL ~) TRAMSFER F)FIME P)POLLIMG APPEALS BOARD MEMBERS Gerard P, Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa .Lydia A. Torta~a BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Pursuant to Article XIV of the Suffolk County Administrative Code, The Board of Appeals of the Town of Southold, New York, hereby refers the follcx~ing to the suffolk County Planning Ccranission: Variance from the Zoning Code, Article XXIII , Section 100-231 Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal No: Applicant:Derrick D. Cephas & Wife Location of Affected Land: King Street, Orient County Tax Map Item No.: 1000- 2G-2-42.2 Within 500 feet of: New York 11957 Town or Village Boundary Line Body of Water (Bay, Sound Or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Existing or Proposed Right-of-Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines; or Within One Mile of a Nuclear Power Plant Within One Mile of an Airport Comments: Applicant is requesting permission.to. ~n~,,nt t~nnis nn.~e. ~ith fence 10 ft. in height. Copies of Town file and related documents enclosed for your review. Dated: 4/ /95 LAW OFFICES WICKHAM, WICKHAM & BRESSLER, P. C. P. O. Box 1424 Mattituck, New York 11952 (516) 298-8353 Town of Southold Board of Appeals To: Town Hall- 53095 Main Road Date: March 27, 1995 P.O. Box 1179 Southold, New York 11971 Re: Derrick Cephas, application for tennis court fence The accompanying papers pertain to this account: Mortgage Bond Mortgage Building Loan Agreement Deed Extension Agreement Our Bill Termite Inspection Water Test Results Certificate of Occupancy Assignment Escrow Check Fire Insurance Policy X Title Insurance Policy Release Satisfaction Survey Tax Bill or Receipt Closing Statement Amortization Schedule Title Company Receipted Bill Broker's Receipted Bill Other Original owner's consent. Other Marclt 22, 1995 $outhold Town zoning Board Sou~hold TOwn Hall Main Road Southolc~, New Yo~k 11971 Gentlemeng We are the'owners of proPertY'at King streetand Douglas Road, Often2, New York, ~nown as SCTM# 1000-26-2- 42.2: We authorize our attorney, Abigail A. Wtckham, to submit a varienoe applica~ion l~ our behalf W~th respect to our application for a fence around, o~r proposed tennis court, and to.act as our representative with respect ~o the variance application. Very truly yOUrs, onna sissel an cephas cOUNTY OF SUFFOLK mrly Tax Service Agency 0~6 ,~. R -80 JUDITH T. TERRY, TOWN CLERK Town of Southold Southold, New York 11971 Phone: 516 - 76~ -1801 RECEIPT - - 5 4 Ou~ ~~ /.5-'0. ~OARDOF APPEALS, TOWN OF SOUTHOI.D In lhe Mauer or the Petition of : Derrick D. Cephas & Donna Sisselman Ceph~s to the Board of Appeals of the Town nf SouthoJd : TO: NANCY DOUGLAS P. O. Box 773 Willow Terrace Lane Orient, New York 11957 WILLOW TERRACE FARMS P.O. Box 773 Orient, NY 11957 YOU ARE HEREBY GIVEN NOTICE: NOTICE TO ADJACENT PROPERTY OWNER MR. & MRS. RICHARD NAGY JOHN & JOYCE 283 Watchung Avenue HOLZAPFEL Bloomfield, New Jersey Old Wood Path 07003 Southold, NY 11971 Thal il is the intention of lhe undersigned to petition the Board of Appeals of the Town of Southnld torcqucsta~(Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is Ihe subiect of Ihe Petition is located adjacent to your property and is des- cribed as follows: SCTM # 3-000-26-2-42.2 South/East corner of Kin~ Street and DouKlas Street, Orient 3. Thai the property which is the subject of such Petition is located in the following zoning d strict: R-80 ' 4 Thai h,~ such Pelition, the undersigned will request the following relief: Variance to permit fence around tennis court, in excess of height restrictions. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under. signed are Art_tcle XXIII Sect_ion 100-23 1 [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way~ 6. Thai within five days from Ihe dale hereof, a written Petition requesting the relief specified above will be filed in the Southoid Town Clerk's Office at Main Road, Southold, New York and you ma}' then and there examine the same during regular office hours· (516) 765-1809. 7. That before thc relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Travcler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. ~ .. . Dated: March 23~ 1995 pe~//~oner IGAIL A. WICKHAM 0~ners'Names:c~PHAS & DoNNA SiSSELM~^ Post Office Address ---- CEPHAS P.O. Box 1424~ 10315 Main Road, Mattituck, New York 11952 Tel. No. ( 516 ) 298-8353 [Copy of sketch or plan showing proposal to be attached for convenience purposes.] NA~ NANCY DOUGLAS WILLOW TERRACE FARMS, INC. MR. & MRS. RICHARD NAGY JOHN & JOYCE HOLZAPPEL Z 000 06~ 0~0 ' Z 000 069 PROOF OF MAILING OF NOTICE ATTACH CERTIFIED ~IAIL RECEIPTS Z 000 Og~ 008 Z 000 OL~ 007 ADDRESS Recei.pt for \ Certified Mail ~ . No Insurance Coverage Provided ]~]$X~:~rX~XI~i~i~X] Do not Use for International Mail P. O. Box 773, Willo~ Orient, New York P. O. Box 773 Orient, New York 119 283 Watchung ~venue Bloomfield, New Jer~ Old Wood Path Southold, New York STATE OFNEW YORK ) COUNTY OF SUFFOLK) JOYCE A. STEINE~' , residing at 590 Silver Colt Road, Cutcho~ue.. NY ~ , being duly sworn, deposes and says that on the '~z/~r4 day of March , 19 95 ,deponent mailed a true copy of the Notice set forth on there- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresse~ of said persons as shown on the current assessment roll of the Town of Southold:that said Notices were mailed at the United States Post Of- ficcat Mattituck. New York ;that said Notices were mailed to each of said persons by (certified) (~ mail.. Sworn to before me this Notary Public ~ A.NT, glN~, ,e BOAZ otery Pubhe, State of New Yolk No. 4782474 Qualified in S~lk Count~ Commission Expires ~'/~,/~ / c~ ~' (This side does not have to be completed on form transmitted to adjoining property owners.) 6.377 AC, N' / h'IAP O'F I";11iqOR. SUBDIViS,ION __. TO' D E ~4~Xc,/N A5 AU Of?._ TF_F2 A.C Z r A'T ~q~l 0Z SOOTFiOL, D, lxly. bCA,LE - !OO -- A~EA,=I3.ST Al:::. NQTES: L ,SU FF,=oC~..TA~/MAP DATA: IOCO -~o,26- Z: ~g 2, P~OPE~Ty I$ ZgHE~..~E~l ~E,N ~ g~ ~, Pf~©FES$1Of,4AL ,-AiWL~ SUI~L/EYOI~. S[JFFOLM CO, DEFA~-Ft~h.tT C'F ~AL.."t'~; WE HED-E:BY CER. TiFY THAT NO hOT ON ~AL