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Home My WebLink About4199 APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Appl. No. 4199: Matter of the Application of PETER PSYLLOS. Variance to the Zoning Ordinance, Article III, Section 100-33 and Article XXIII, Section 100-231 for permission to locate proposed tennis court structure enclosed with ten-foot high fencing in the front yard area. Location of Property: 2867 Ruth Road, Mattituck, NY; County Tax Map Parcel No. 1000-106-1-1.11. WHEREAS, after due notice, public hearings were held on November 8, 1993 and December 8, 1993, and which time all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. This application is a request for a variance from Article III, Section 100-31, and Article XXIII, Section 100-231 which requires that an accessory tennic court structure be located in the rear yard area. The application for a building permit upon which this appeal is based shows that the accessory tennis court (fence enclosure) structure is proposed to be situated in the southerly yard area. The southerly yard area is technically one of two front yards due to the fact that this parcel is a corner lot fronting along two access roads (rights-of-way). 2. The premises in question is located in the Residential Zone District and contains a total area of approximately 60,300 sq. ft. which received town approvals prior to 1983. Existing on the property is a single-family having a living-floor area of approximately 3,000 sq. ft. The dwelling is show~l to be situated 54.5 feet from the easterly front property line along a private right-of-way, 84.6 feet from the northerly property line, 57.5 feet from the westerly property line, and 217.8 feet Page 2 - Appl. No. 4199 Matter of PETER PSYLLOS Decision Rendered December 8, 1993 from the southerly (front) property line along a private right-of-way. It is noted that a small shed is located in the center of this southerly right-of-way (ref. survey dated October 27, 1987 prepared by Young & Young). 3. For corner lots of this nature, Section 100-232 provides that the rear yard may be defined as "one yard other than the front yard shall be deemed to be a rear yard, and the other or other side yards .... " It is the position of the Board that the layout of the land as a corner lot that lends to the difficulties in locating a permitted tennis court while at the same time meeting the yard and setback regulations. 4. for record purposes, it is noted that this building is proposed for accessory use incidental and used by the residents and occupants of this dwelling, and may not be used for profitable or gainful purposes. This use of this structure may not be enlarged, re-located, or otherwise altered. 5. The proposed structure will be in conformance with the height requirements pertinent to accessory structures. 6. The hearing record is extensive and confirms opposition from owners (Brady) of the adjacent (adjoining) parcel on the west side of the applicant's property, and other concerns - some related to this project and some unrelated. Full consideration has been made of the entire hearing record by Board Members, and additional screening has been made a condition of this variance. There is a fence presently located between the two parcels. The neighboring (Brady) residence is more than 250 feet distant from the applicant's proposed tennis-court location. The neighboring (Brady) accessory building, also situated in the front yard, was the subject of a variance request in 1986 to be located 100 feet from the front (southerly) property line. This accessory building was limited to storage purposes incidental to the residency of the owners of the property (ref: Appeal No. 3469, Condition No. 1). 7. Also noted for record purposes is Appeal No. 3532 (A. Burns) rendered by the Board of Appeals on September 11, 1986 authorizing the location of an accessory tennis court in the front yard area. Under today's zoning regulations, this particular accessory structure, which is located two lots west of the applicant herein, would not require a variance. Section 100-33C (added by Local Law ~33-1992) permits accessory buildings/structures to be located in the front yard, provided that such buildings and structures meet the front-yard setback requirements. With the exception of the applicant's lot and one other non-waterfront lot (all, however, with water views of the L.I. Sounq) in this immediate neighborhood, accessory Page 3 - Appl. No. 4199 Matter of PETER PSYLLOS Decision Rendered December 8, 1993 buildings and structures would be permitted to be located in the front yard area. 8. It is the position of the Board in considering this application that: (a) the circumstances are uniquely related to the property and there is no method feasible for appellant to pursue other than a variance - particularly since the property does technically have two "front yards." (b) the relief is not substantial in relation to the requirements and will be distant from neighboring buildings; the setbacks for the tennis court of 45 feet from the westerly property line, approximately 45 feet from the easterly (front) property line, and not closer than 34 feet from the southerly (front) property line is feasible under the circumstances; (c) the variance requested does not involve an increase of dwelling unit or use density; (d) the relief requested will not cause a substantial effect on available governmental facilities since the structure is a permitted use under Section 100-31C(4), and will be used only incidentally to the residents and occupants of the dwelling; (e) the relief requested is not unreasonable due to the uniqueness of the property and the immediate area; (f) there is no alternative for the applicant to pursue other than a variance; (g) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience, or order of the town, or be adverse to the neighboring properties because night use is not proposed and lighting is not permitted <ref: Section 100-31C(4-b) of the Zoning Code>. Accordingly, on motion by Member Villa, seconded by Member Wilton, it was RESOLVED, to GRANT permission to locate a proposed tennis court structure, not to exceed 60 feet by 120 feet, in the southerly front yard area, SUBJECT TO THE FOLLOWING CONDITIONS: 1. Evergreens or similar trees or bushes (such as rhododendrons, etc.) shall be planted along (within) the applicant's southerly property line at a minimum height of three Page 4 - Appl. No~199 Matter of PETER PSYLLOS Decision Rendered December 8, 1993 (3) feet, and six (6) feet apart, for the full length {150 feet}; and 2. The fence height of the tennis court shall not exceed 10 feet above ground, as proposed; and 3. There shall be no lighting for after-dark use as regulated by subsection 4-b of Section 100-31 of the Zoning Code; and 4. The setbacks of this accessory structure shall be not closer than 45 feet to the westerly property line, 34 feet to the southerly property line, and approximately 45 feet to the easterly front property line; and 5. As much as possible of the natural wooded, or heavy brush areas to the west and to the south of the proposed tennis court shall remain. Vote of the Board: Ayes: Messrs. Dinizio, Villa, Wilton, Doyen, and Goehringer. This resolution was duly adopted. lk GERARD P. GOEHRINGER, CHAIRMAN ii7.CEIVED AND FILED BY ln~ SOUTIiOLD TOVIN CLERK DATE /~//&/~ HOUR 9 ~ Town Clerk, Town of Southold APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF PUBLIC HEARINGS SCOTT L. HARPJS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 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 Road, Southold, New York 11971, on MONDAY~ NOVEMBER 8~ 1993 commencing at the times specified below: 1. 7i40 p.m. Appl. No. 4199 ~ PETER PSYLLOS. Variance to the Zoning Ordinance, Article III, Section 100-33 and Article · XXIII, Section 100-231 for permission to locate proposed tennis court structure enclosed with ten-foot high fencing in the front yard area. Location of Property: 2867 Ruth Road, Mattituck, NY; County Tax Map Parcel No. 1000-106-1-1.11. 2. 7:45 p.m. Appl. No. 4200 - JOHN E. ANDRESEN AND OTHERS. Request to amend Special Exception under Article III, Section 100-31B(10) to include new large-animal wing (animal hospital) and other revisions as shown on the site plan map amended September 30, 1993. The original Special Exception plan provided for a one-story, 3,584 sq. ft. building for veterinary Page 2 - Notice oftW~rings Southold Town Board of Appeals Regular Meeting of November 8, 1993 office and uses related to the veterinary clinic. The new plan shows a total floor area of 4,598 sq. ft. at one-story height. Location of Property: 1625 Main Road and Franklinville Road West, Laurel, NY; District 1000, Section 127, Block 2, Lot 5.1. The area of this parcel is nonconforming at 59,984 sq. ft. in this R-80 Residential Zone District. 3. 7:50 p.m. Appl. No. 4201 - NORTH FORK COUNTRY CLUB. Variance under Article XXIII, Section 100-231 for permission to build berm along the westerly side of Moore's Lane (a/k/a Linden Avenue), Cutchogue, and to build tee along the easterly side of Moore,s Lane, Cutchogue, both at a height above four-feet when located along or near the front property line. Location of Property: 25320 Main Road and Moore's Lane, Cutchogue, NY; County Tax Map District 1000, Section 109, Block 3, Lot 9, and Block 4, Lot 7.1. 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 call 765-1809 or visit our office. Dated: October 25, 1993. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski x Page 3 - Notice ~earings Southold Town Boa~of Appeals Regular Meeting of November 8, 1993 Copies of Legal Notice to the following 10/26/93: L.I. Traveler-Watchman, Inc., (hand delivered 10/26) Courtesy copies to Times-Review by fax 10/26 a.m. 10/26/93 Original posted on Town Clerk Bulletin Board in Lobby Copies of files to Board Members 10/26/93 To the following 10/26/93: Building Department Individual Files Peter S. Danowski, Jr., Esq. (Re: Andresen & Timpone) 616 Roanoke Avenue, Riverhead, NY 11901-0779 North Fork Country Club, 25320 Main Road & Moore's La, Cutchogue, NY 11935 Corazzini Asphalt, Inc. (Re: Psyllos Tennis Court) 100 Lupen Drive, Cutchogue, NY 11935-0555 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF PUBLIC HEARINGS SCOTTL. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 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 BOARDOF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on WEDNESDAY, DECEMBER 8t 1993 commencing at the times specified below: 1. 7:32 p.m. Appl. No. 4202 - ROBERT AND JACQUELYN OBERLIN. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.4 <100-33> for approval of an existing accessory utility storage shed which is located in the southerly front yard area. The subject premises is not a corner lot but fronts along two streets. This property technically does not have an established "rear yard" defined by the code. Location of Property: 805 Oak Avenue, Goose Bay Estates, Southold, NY; County Tax Map District 1000, Section 77, Block 2, Lot 20.1. The subject premises is located in the R-40 Zone and contains an area of 19,200+- square feet. Page 2 - Notice of arings Southold Town Board of Appeals Regular Meeting of December 8, 1993 2. 7:35 p.m. Appl. No. 4205 - SALVATORE VINDIGNI. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 for permission to construct addition which will exceed the 20% lot coverage limitation. Location of Property: 1440 Gillette Drive, East Marion, NY; County Tax Map District 1000, Section 38, Block 2, Lot 15; also referred to as Lot No. 19 on the Map of Marion Manor filed March 18, 1953 in the Suffolk County Clerk's Office. This property is located in the R-40 Low-Density Residential Zone District and has a total lot area of 10,000 sq. ft. 3. 7:40 p.m. Appl. No. 4203 - ROBERT E. BIDWELL. Application for Special Exception under Article III, Section 100-31B-13 of the Zoning Ordinance, for approval of winery uses in existing building and proposed building. The site plan shows that the property is situated along the south side of C.R. 48, Cutchogue, NY, is zoned A-C Agricultural-Conservation and is identified on the Suffolk County Tax Maps as District 1000, Section 96, Block 4, Lot 4.3. 4. 7:50 p.m. Appl. No. 4204 - JOHN CROKOS. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4A(1) for permission to locate pool and related structures within 100 feet of the top of the bluff along the Long Island Sound. Location Page 3 - Notice of ~rings Southold Town Board of Appeals Regular Meeting of December 8, 1993 of Property: 2110 Grandview Drive, Orient, NY; County Tax Map Parcel No. 1000-14-2-3.11. 5. 8:00 p.m. Appl. No. 4195 - PETROL STATIONS LTD. (Carryover to continue hearing and/or updates.) 6. 8:00 p.m. Appl. No. 4199 PETER PSYLLOS. to continue hearing and/or updates). (Carryover 7. 8:05 p.m. Appl. No. 4206 - GARY AND CAROL FISH. Special Exception as provided by Article IIIA, Section 100-30A.2B for permission to establish Accessory Apartment use in conjunction with owner's residency in this existing principal building presently occupied as a dwelling with garage. Location of Property: 955 Deep Hole Drive, Mattituck, NY; County Tax Map Parcel No. 1000, Section 115, Block 13, Lot 9. This property contains a lot area of approximately 15,000 sq. ft. and is located in the R-40 Residential Zone DistriCt. 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 call 765-1809 or visit our office. Dated: November 17, 1993. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski FORM NO. 3 TO~'q OF SOUTItOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL PLEASE TAKE NOTICE that your app ication dated ./.~.~.. . ,19 ~',-~. .for permit to .~..~ .C~_. ~~,~.. ~ .......... at ' Location of Property ~'~' 7 ~~~~... .~~ _~ ' House No. Street - ' ' Ham/er County Tax Map No. 1000 Section .... ~ & ..... nlock .... Mi .......Lot .. ~-.(~ ....... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the follow~g grounds ~ ~~ · .~ _ ~ ~ ~ .... 5 ....... . ...... ~ ..... ';5~'7~"' '.. ' ~. ' ~/ . w~/ / '-~ ...... ~ .....~ .... ~": . .~..~~..~...~.~~.~ . ~ ~ ~ ..... ~ ...... _ ..................... · - .)~.~ x .L ~_2~g Inspector RV 1/80 J Examined . ./~.~.~.. ..... FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765-1803 Approved ..~ .............. 19...PermitN~.7 .......... (Building Inspector) APPLICATION FOR BUILDING PERMIT INSTRUCTIONS BOARD OF HEALTH ........ 3 SETS OF PLANS ........ SURVEY .................. CIIECK ................... SEPTIC FORN ............. CALL ..... HAIL TO: 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 sfi'eets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- cation. t~ 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 ~-i'shall be kept on the premises available for inspection throughout the work. · ., e. No building shall be occupied or used in whole or in paxt 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 admit authorized inspectors on premises and in building, for necessary inspJ}ctions. , , ~ -- -- (Signature of applicant,---- --or name, if a corporation) (Mailing address of applicant) v State whether/~.. ]applicant is owner,/7 ~ f--lessee' agent, architect, engineer, general' contractor, electrician, plumber or builder Name of owner of premises ......... . ........................ ' .................. (as on the tax roll or latest deed) .... If aPl~icant is a~)poration, signature of duly authorized officer · . Builder's .License No. ' ......................... Plumber's License No ....... . ............. ... ~ Electrician's License No ....................... Other Trade's License No ...................... 1. Location of land on which proposed work will be done .............: . r. .7 ;2' " ...................... ' ........ i .... i ..2.. ............. . .............. .... ......... ..: ...... ltouse Number Street Hamlet Cotmty Tax Map No. 1000Section ?{g'~ Block / ....... i. Lot .... Z .,/2 I Subdivision ........ . ............................. Filed Map No. Lot (Name) ............................. 2: State existing use and occupancy of premises and intended use and occupancy of proposed constructioni a. Existing use and occupancy .... '.../ ...... ~..-/y?. [' .... ~o.~ ,. :,,¢: '",. ~,7:. ,~ ' ...... " b. Intended use and occupancy :... ' ' ~' 'ff4'~lT"'f)l'~' · ,'.,':." '(! ;'" ':" q ¢':'D. ..... ' At'on · 3. Nature of work (check which a~cable): New Buildin; ..... ' Alter~tidn ' ' ' Repair . ............. Rem~'~al .............. Demolition .... : ......... Other Work (Description) 4. Estimated Cost .... ~ ,d'a .... Fee ...................................... (to be paid on filing this application) 5. If dwelling, number of dwelling units ....... ~ ...... Number of dwelling units on each floor ................ · If garage, number of cars . . i ..... ~' ........................................................ 6. If business, commercial or mixed occupancy, specify nature and extent of.eac 7. Dimensions existing structures, h type of use ..................... of if any: Front ............... Rear Depth Height ............... Number of Stories .... ' ' '" .......................... Dimensions of shine structure with alterations or additions: Front .................. Rear ............. Depth ................... Height ........... · ......... Number of Stories .......... '. 2... 8. Dimensions of entire new construction: Front..../.2,4 .' ...... : Rear . .~.e?.". . Depth ' ' ' Height ............... Number of Stories... ....... .Z'~C-4~./,f~,.. ~.,.~.r-~ .. ~.' ~".' .~.}J~.~f$1 .............. 9. Size of lot: Front ......... .......... ~.. Rear .................. i... D__~epth ............. 10. Date of Purchase ............................. Name of Former Owner . ~.~O...~.,...tq,;Jff. ' ........ 1 1. Zone or use district in which premises are situated ......................................... ~.; ....~]. ...... 12. Does proposed construction violate any zoning law, ordinance or regulation. CZ~. ~.O3 ~. ~ .~.~.. . 13. ~llllot.be..regrade~d .......d~.O/ .... ;~'1.~';. ....... Will excess fill b~e r.ernoyo~_~om premises: Yes 14. ~ameotuwnero~premmes .,¢.Cz'e//../.~././.t..5'..> ..... Address~,F~.?.,,~/,','~..~g4-PhoneNo . . . ~qame o~f ~Arch. itect '71 ..... :. :-..,~ ..._,..±.. .... Address ................... Phone No ......... ' ....... . ame ot Contractor LZ2~;~I~.I.. ~.,,~../... ..... Address .,/~..~.~.'7: ...... Phone No. ~D.. ~.T~C-~.~. 15. I~ th±s property within 300 feet of a t±dal wetland? *Yes ........ No.. ' '' · ~If yes, Southold Town Trustees Permit may be required. ' ~ .... .'. PLOT DIAGRAM 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. STAT~ OF N~O~_ ~ I~s S c° 57 t , ..... ~..~.~.~t.r. ........ q~.c>tT. Q ~.% }' ~ .~. (Name of individual signing contrfic~ ..... above named· being duly sworn, deposes and says that he is the applicant [~e is the . .;.....: ................... . .......... . .......................... . ..... agent, cor'porate officer, etc.) ff said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this ~pplication; that all statements contained in this application are true to the best of his knowledge and belief and that the .york will be performed in the manner set forth in the application filed therewith. ;worn to before me~hlis/~ // i ....... .... // o,,. · "" X .... , ~o.~o~ ~/ . - ' ~ - '~ ~ ~' '~' · ~. f .................... , _ ~l~l~lnsufl~k~u~ ~ . · . .' ' . [ ~ J / (Signatureofapplic~t). IPOB.~[ NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFIGE SOUTHOLD, N. Y. , proved ............ ,....:: ......... :: .......... , No ..... Disapproved a/c .? ....................................... i ....... - ......... AP~Li~ATION FOR BUILDING PERMIT Application No.....?...~...~.]. ............. INSTRUCTIONS o. This application must be completely filled in by typewriter o~ in ink and submitted in triplicate to the Building Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b~ Plot plonSh0wing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving o detailed description of layout ofproperty must be drawn on the diagram which is part of this application. 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 issue a Building Permit to the applicant. Such¥~rmit 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 beeg 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, Ordinance~ 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 admit authorized inspectors on premises and in buildings for necessary inspections. ...~.~. ~:~ ..~ ..~.1~.. ~.F,.~l.~...g..O.~, ... ~.~p,... ............................ [ ..... (Signature of applicant, or name, if a corporation) f (Address of applicant] State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. ................. .q..q .n...~.~..~..~...o~. ..................................................................................................................................... Name of owner of premises ....~..JJ.~..~.q~...~..~..~(~. ................................................................................................................... If applicant is a corporate, signature of duly authorized officer. ........... ~ ,...~.~ ~.~ ................................................ (Name and title of co~orate officer) Builder's License No ..................................................... Plumber's License No ................................................. Electrician'.s License No ............................................. ¸2. Other Trode's License No ............................................... Locotion of land on which proposed wore will be done.~,/Vtap No.: ........................................ Lot No ......................... Street and Number ,.~.~.~.g.e.~x..~.v. fl.o.~..~.e,~..~.f;~cl~.~...F.,..Y.,.~.3,3,9~2 ............................................................ Municipality State existing use and occupancy of premises ond intended use and occupancy of proposed construction: a. Exislting use and occupancy ..... .°...~..e.....~....a~..~..]..~....~.~...e,~..[..t3._~ .............................................................................. b. Intended use and occupancy ..... .°..~..?......~...~..,3..[...3-.~....~..~..e...1-.~..[..~.g. ............................................................................. 3. Nature of work (check which applicable): New Building.. ................. Addition .................. Alteration ................ Repair .................. Removal .................. Demolition .................... Other Work ..~'.e.~.~ .................................. (Description) 4. Estimated Cost ...,~l.~.~.0.0...O0. ................................... Fee ........... ~,1~,,0.0 ................................................................ (to be paid on filing 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 ..~ ....................... Rear ...... ~.~J(~L,~ ............ Depth ,[~[. ........ Height .................... Number of Stories ...................................................................................................................... 9. Size of lot: Front ............. .~...0..0..I. .................................. Rear ......... :~.O..0.? ........................ Depth ...1.~..0..~..! ................. '10-. Date of Purchase ........................................................ Name of Former Owner ........................................................ 1 1. Zone or use district in which premises are situated ..................................................................................................... 12. Does proposed construction violate any zoning law, ordinance or regulation: ........................................................ 13. Will lot be regraded. ........................... Will excess fil be removed from premises: ( ) Yes ( ) No Be~en Ave. 14. Name of Owner of prem,ses ..~..a.).~e..~.....~..tT..~.d.~. ...................... Address!~.a~.~.t.,ue~...N'~.... Phone No..~,.c)..8...'.~..0..0.3.. Name of Architect .............................................................. Address ................................ Phone No ....................... Name of con'tractor ............................................................ Address ................................ Phone No ...................... · PLOT DIAGRAM i Locate clearly and distinctly all buildings, whether existing or proposed, and indicate all set-back dimensions from · -.fproperty hnes. Gwe street and block number or description accordmg to deed, and show street names and indicate ,~ :whether mtenor or corner lot. STATE OF NE~ Y~QR~. ~ S S -- COUNTY OF ~.~.'.l.:.o.;.t.~ ............... ~- · ................................................................................................. being duly sworn, deposes and says that he is the opplicom (Name of individual signing contractO above named. cont~acto~ He is the ................................................................................................................................................................................. (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 ti,aT the work will be performed in the manner set forth in the application filed therewith. Swq[nto before me this · x_ t'h · I ..c;~12. ......... day of . . , ~.'1..~ . , 19 /. l ~'-'~ // ~/~ ....... RECEIVED 0T 2J, 1993 TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. Z.¢ /~ DATE ..... ./. ...................... TO THE ZOANING BOARD OF APPEALS, TOWN OF SOUTj~IOLD, N.Y. , , / / · '7. , . _~. . . '/, ~,- , ,We, .............................. o, ...... Nome o~ Appe ont Street and Number J ....................................................................................................... ~Z~,..~¢,...,,~:~-~ ,,,~ ~o Municipali~ 2tara / THE ZONING BOARD OF APPEALS FROM THE DEC!SION OF THE BUILDING INSPECTOR ON APPLIC.~TION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ........ .......... : ...... : .... Name of Appli/cdnt tor permit _ of zc..~..z ........... ~?./.,.ZJ...s~Z ....... ~~' ' ...... ~.¢' Street and Number MunicipQli~ State ~ .... ( ) PE~IT TO USE ( ) PERMIT FOR OCCUPANCY l. LOCATION OF THE PROPER~ ........................... ~ ............. Street /Hamie[ / Use District on Zoning Mop No. 'Lot No. Prior Owner ~A~ ~P~ 2. PROVISION (S) OF THE ZONING ORDINANC~ APPliED (Indicote tNe A~icl~ ~ection, section ond PorogrepN of tNe Zoning Ordinonce by numbe~ Do not ~uote tNe 3. ~PE OF APPEL Appeal is mode herewith for f (please check app~opr-iate box) ~) A VARIANCE to the ~ning Ordi~nce or Zoning Mop ( ) A VARIANCE due to lock of access (State o( New York T~n Law 6hop. 62 6ans. L~s Art.' )6'Sec. 280A Subsection 3 () 4. PREVIOUS APPEL A previous appeal (h mode with respect to this decision of the Building Inspector or with respect to this pr~ Such Gppeal was ( ) request for o special permit [ ) request ~or o variance ~d ~os m~e in Appea~ No ................................ Doted .................. t .......... * ........................................ REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (~/,~ A Variance to the Zoning Ordinance ( ) is requested for the reason that F~rn ZBI . ~' (Continue on other side) REASON FOR APPEAL 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- saw HARDSHIP because 2. The hardship created is UNI(~UE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because CHAR~,CTER OF THE DISTRICT because The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE ~,,~orn ,o this ........ i ............ ...~.~..-'--~'~..: ....... day of' Q..C-..~.~..~.~_~.-I'b' ";~ ..................... , ......... ; .................... ~9c7~ , Notary Public, Slate of New York No. 52-8125850, Suffolk Cou_niy Term Expires October 31, 1~ / TOWN OF SOUTHOLD I~~' PROPERTY RECORD CARD L~'~ :*.*.._'~~ OWNER ~ STREET *~'~'*(~"-j* VILLAGE - DIST. SUB. ' / "'~ '~- ~ND IMP. TOTAL DATE R~RKS ~ . 74' ' Tillable' ' '"'. "' ' FRONTAGE ON WATER w~.~ ,~,, ~( ~. FRONTAGE ON ROA~ Hou~ Pl~ ~ ~ O t~b ~o BULKH~D ' ~ ~" Foundation p~.~ Bath Basement Ext. Walls Fire Place Floors Interior Finish Heat Pool Patio Driveway Attic Rooms 1st Floor Rooms 2nd Floor - 6'z 7 Lucius ~ Catherine Ales t50,00' 0.0 5.6 S. 67°37 '~0"1'~.; /5C OF ~VA Y ./ 409. 36 ' Adam ~ Cornelia Gatz DEPARTMENT OF HEAL'fl'I DWELLING ONLY supply facilities for ~rtma~t othe~c_i~.,and l~Jnd ~ Chief of Bm;eau of Wastewa~er Management R[ALTH DEPARTMENT-DATA FOR APPROVAL TO CONSTRUC f # N£AREST W&TEA MAIN~MI.: N SOURCE ~ WATER, ~I~TE ~PUBLIC __ SURVEY FOR JOHN T FORD .& ARLENE T. FORD' AT MATTITUCK TOWN OF SO.UTHOLD SUFFOLK COUNTY, NEW YORK OCT. 27~ 1987 "APR, 3~ IC~? NOV 5~ 1986 '. OCT, 15~t986 [ dUNE24~I986 DAT~[ DEC. ~1~ 1981 SCALEI 1"=50~ NO. 81-765 COMMONWEALTH LAND JOHN ~ FORD ~ HAMPTONS PEGASUS YOUNG YOUNG ALDEN W. YOUNG~PROFES$1ONAL ENGINEER AND LAND SURVEYOR N.~S. UCENSE N0.12845 HOWARD~YOUN8~ L~ND SURVEYOR N.~S. LICENSE NO.45893 , N[ ~£. ~PT.-OF APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. Jame~ Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Seuthold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 February 22, 1994 Mr. and Mrs. Peter Psyllos 2867 Ruth Road Extension Mattituck, NY 11952 Dear Mr. and Mrs. Psyllos: We have received communications from Warren Brady with reference to concerns about use or possible damage to the right-of-way which adjoins your property. Mr. Brady was asked to contact you directly about his concerns since the use or non-use of a right-of-way is not properly in the jurisdiction of the Board of Appeals under your tennis court application and that it appears to be a private matter. Enclosed is a copy of Mr. Brady's letter and our response for your information. Very truly yours, CHAIRMAN Enclosures APPEALS BOARD M~M_BERS Gerard R Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF ~PEALS TOWN OF SOUTHOLD February 22, Town Hall, 53095 Main Road P.O. Box 1179 Seuthold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 1994 Mr. Warren B. Brady 3500 Private Road #13 Mattituck, NY 11952 Re: Your Letter received February 16, 1994 Use of Right-of-Way adjoining Psyllos Property Dear Mr. Brady: We are in receipt of your letter with concerns about the use of the right-of-way which adjoins your neighbors, Mr. and Mrs. Peter Psyllos. Enclosed with your letter are copies of variance determinations concerning the location of your barn in the front yard and your neighbors' tennis court also located in the front yard. Highlighted by you is Condition No. 3 of the barn variance which states: "...there shall be no backing out onto the right-of-way (access area) .... " Condition No. 3 of the barn variance is to prevent a dangerous situation in a vehicle operator exiting the barn area backward instead of forward. It is a New York State vehicle law which does not restrict the use of the right-of-way to non-use. In order to try and help your situation, we have forwarded a copy of your letter to the Psylloses. It is hopeful that you will be able to resolve your concerns about the use and/or repairs of the right-of-way directly with the owners. Your main concern appears to be due to the use of one of the private rights-of-way, which is not an issue that can be appro- priately restricted in a zoning variance for accessory buildings. Very truly yours, GERARD P. GOEHRINGER/ CHAIRMAN cc: Mr. and Mrs. Peter Psyllos APPEALS BOARD MEMBERS Gerard R Goehrin~er, Chairman Ser~e Do~en, Jr. James Dinizio, Jr. Rober~ A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOU~OLD Januar~ ~, 1994 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Mr. and Mrs. Peter Psyllos 2867 Ruth Road Extension Mattituck, NY 11952 Re: ZBA Conditions under Appl. No. 4199 Dear Mr. and Mrs. Psytlos: In response to Mrs. Psyllos' inquiry today, this will confirm that staggering of new evergreen plantings will be permitted near your property line to the south, staggered north of the property line in order to avoid the removal of larger trees. We hope that this will give some guidance to you when planning the location of the evergreens. If you have further questions, please do not hesitate to call our office~.. Very truly your~_~ GE.~ P. GOEHRINGER CHAIRMAN APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Ser~e Doyen, Jr. James Dinizio, Jr. Robert A. Villa Rich,~d C. Wilton Telephone (516) 765-1809 January 5, 1994 TO: RE: BOARD OF APPEALS TOWN OF SOUTHOLD Psyllos Tennis Court Project Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Mrs. Psyllos is inquiring as to whether the conditions of the ZBA decision mean to remove trees where necessary along the southerly property in order to plant the 3' high evergreens? Mrs. Psyllos says that the area along the Psyllos' southerly property line is also wooded naturally, and that it would be difficult to plant evergreens every 6' without removing trees and roots. The applicants will flag the area where the property monuments are in this area for you if you want to re-visit the site. DEPARTMENT OF PLANNING COUNTY OF SUFFOLK ROBERT J, GAFFNEY SUFFOLK COUNTY EXECUTIVE STEPHEN M. JONES, A.I.C.P. DIRECTOR OF PLANNING December 17, 1993 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) JPsyllos, Peter Oberlin, Robert & Jacquelyn Fish, Gary & Carol 4199 4202 4206SE Very truly yours, Stephen M. Jones Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman R~.c-ha~ C. Wilton Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF' APPEALS TOWN OF SOUTHOLD SCOTt L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Pursuant to Article X_TV of the Suffolk County Administrative Code, The Board of Appeals of the Town of Southold, Now York, hereby refers the following to the Suffolk County Planning C~m.~ssion: XX Variance fdom the Zoning Code, Article III , Section 100-33 __Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal No: 4199 Applicant: Peter Psyllos Location of Affected Land: 2867 Ruth Road, Mattituck, · County Tax Map Item No.: lO00-106-1-1.11 Within 500 feet of: NY __' Town or Village Boundary Line XX 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 requesti ng permission, to locate proposed tennis court with ten-foot high fencin9 in the front yard area. ~opies of Town file and related documents enclosed for your review. Dated: December 1G, 1993 APPEALS BOARD M~MBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD December 15, 1993 SCOTT L. HARRIS Supervisor Tewn Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Mr. and Mrs. Peter Psyllos 2867 Ruth Road Extension Mattituck, NY 11952 Re: Appl. No. 4199 - Variance for Front Yard Location Dear Mr. and Mrs. Psyllos: Attached please find a copy of the Board's Findings and Determination concerning your recent variance application. Please be sure to return to the Building Department to obtain your building permit (and other agency approvals which which may apply). For your convenience, we have provided the Building Department with a copy of the variance determination for their permanent recordkeeping. Also, since your property is located within 500 feet of a waterway, we have transmitted copies of your variance file to the Suffolk County Department of Planning. Once they have finalized their review and forwarded their comments to our office, we will transmit a copy of the same to you for your update. We wish you and your family a happy and healthy Holiday Season. Very truly yours, Linda Kowalski Clerk, Board of Appeals Enclosure Copy of Decision to: Building Department Suffolk County Department.of Planning APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 February 22, 1994 Mr. and Mrs. Peter Psyllos 2867 Ruth Road Extension Mattituck, NY 11952 Dear Mr. and Mrs. Psyllos: We have received communications from Warren Brady with reference to concerns about use or possible damage to the right-of-way which adjoins your property. Mr. Brady was asked to contact you directly about his concerns since the use or non-use of a right-of-way is not properly in the jurisdiction of the Board of Appeals under your tennis court application and that it appears to be a private matter. Enclosed is a copy of Mr. Brady's letter and our response for your information. Very truly yours, GERARD P. GOF~RING~R CHAIRMAN Enclosures APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD February 22, 1994 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Mr. Warren B. Brady 3500 Private Road #13 Mattituck, NY 11952 Re: Your Letter received February 16, 1994 Use of Right-of-Way adjoining Psyllos Property Dear Mr. Brady: We are in receipt of your letter with concerns about the use of the right-of-way which adjoins your neighbors, Mr. and Mrs. Peter Psyllos. Enclosed with your letter are copies of variance determinations concerning the location of your barn in the front yard and your neighbors' tennis court also located in the front yard. Highlighted by you is Condition No. 3 of the barn variance which states: "...there shall be no backing out onto the right-of-way (access area) .... " Condition No. 3 of the barn variance is to prevent a dangerous situation in a vehicle operator exiting the barn area backward instead of forward. It is a New York State vehicle law which does not restrict the use of the right-of-way to non-use. In order to try and help your situation, we have forwarded a copy of your letter to the Psylloses. It is hopeful that you will be able to resolve your concerns about the use and/or repairs of the right-of-way directly with the owners. Your main concern appears to be due to the use of one of the private rights-of-way, which is not an issue that can be appro- priately restricted in a zoning variance for accessory buildings. Very truly yours, GERARD P. GOEHRINGER/ CHAIRMAN . cc: Mr. and Mrs. Peter Psyllos Zoning Board Town of Southold P.O. Box 1179 Southold, N. Y. of Appeals Re: 11971 FEB I 6 199 Pebrua-r-y t5, 1994 Application # 4199 Variance for Tennis Ct. Peter Psyllos, 12/8/93 Gentlemen: In your enthusiasm to deal fairly with all parties conerned you gentlemen did overlook prohibiting Mr. Psyllos, from creating another road to the East-West H.O.W. The Variance we received, specifically prohibited this-a copy is enclosed. On the strength of this oversight, we spoke to Mr. Corazzinl, Mr. Psyllos' contractor, on the Job site, and asked him not to continue using the new road he created. First, another Blind Driveway entering this one lane, tree lined, 8ft.~wide R.O.W. ie extremely dangerous. In spite of all the signs that we have posted, Service people and others travel at high rates of speed and fail to even sound their horne. Secondly, the heavy earth moving machines are creating deep ruts which will become water slulceways and undermine our road. The flowers that bloom therein the Spring have been destroyed. Mr. Corazzini continues to use the new road in spite of our polite explanatory request. An Addenda to the variance should solve this problem. Your prompt reply to my letter will be appreciated. Certified Mail No.P371 108780 Ret. Rec. Req. Encl. 2 Page 3 - Appl. No. 4199 Matter of PETER PSYLLOS Decision R~ndered December 8, 1993 front yard area. buildings and structures would be. permitted to be located in t~e~/ 8. It is the position of the Board in considering this application that: (a) the circumstances are uniquely related to the property and there is no method feasible for appellant to pursue other than a variance - particularly since the property, does technically have two "front yards." (b) the relief is not substantial in relation to the requirements and will be distant from neighboring buildings; the setbacks for the tennis court of 45 feet from the westerly property line, approximately 45 feet from the easterly Ifront) property line, and not closer than 34 feet from the southerly (front) property line is feasible under the circumstances; (c) the variance requested does not involve an increase of dwelling unit or use density; (d) the relief requested will not cause a substantial effect on available governmental facilities since the structure is a permitted use under Section 100-31C(4), and will be used only incidentally to the residents and occupants of the dwelling; (e)' the relief requested is not unreasonable due to the uniqueness of the property and the immediate area; (f) there is no alternative for the applicant to pursue other than a variance; (g) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience, or order of the town, or be adverse to the neighboring properties because night use. is not proposed and lighting is not permitted <ref: Section 100-31C(4-b) of the Zoning Code>. Accordingly, onmotion by Member Villa, seconded by Member Wilton, it was RESOLVED, to GRANT permission to locate a proposed tennis court structure, not to exceed 60 feet by 120 feet, in the southerly front yard area, SUBJECT TO THE FOLLOWING CONDITIONS: 1. Evergreens or similar trees cr bushes (such as rhododendrons, etc.) shall be planted along (withi,~) the applicant's s~utherly property l~ne at a minimum height of three Page 4 - Appl. No. 4199 Matter of PETER PSYLLOS Decision Rendered December 8, 1993 (3) feet, and six (6) feet apart, for the full length {150 feet}; and 2. The fence height of the tennis court shall not exceed 10 feet above ground, as proposed; and 3. There shall be no lighting for after-dark use as regulated by subsection 4-b of Section 100-31 of the Zoning Code; and 4. The setbacks of this accessory structure shall be not closer than'45 feet to the westerly property line, 34 feet to the southerly property line, and approximately 45 feet to the easterly front property line; and 5. AS much as possible of the natural wooded, or heavy brush areas to the west and to the south of the proposed tennis court shall remain. Vote of the Board: Ayes: WAlton, Doyen, and Goehringer. lk Messrs. Dinizio, Villa, This resolution was duly adopted. GERARD p. GOEHRINGER, CHAIRMAN Page 2 - ApPeal No. 3469 Matter of WARREN AND MARY BRADY Decision. Rendered May'28, 1986 Long Island Sound. The premises is improved with a single-family dwelling set back very closely to the bluff along the Long Island Sound. There are two accessory buildings as follows: (a) 28' by 20' and (b) 16' by 30', both for storage purposes incidental to the existing dwelling and not operated for gain. 3. By this application, appellants request permission to locate an 30' by 48' accessory barn/storage structure landward of the existing dwelling in the front yard area lO0 feet from its front (southerly) property line, 52 feet from the web~ property line, and lO0± feet from the east property line as shown by survey amended December 3, 1985, prepared by Roderick VanTuyl, P.C. 4. It is the opinion of the board members that the property consists mostly of "frontyard" area and that the most feasible area would be at least 100 feet from the Sound bluff (per Article XI, Section lO0-119.2{A)). The area chosen by the applicant is set back 'fart'her than a principal building would normally be required on a ~acant lot in this "A-80'i Agricultural and Residential Zoning District. 5. For the record, ~he6e is a Certificate of Occupancy d~ted'April 27, 1966 under No. Z2407 for the private single- family dwelling, and written easement at Liber 8463 cp 378 dated July 6, 1978 from Stanley Sledjeski to the applicants for access O~er~the right-of-way extension to the east des- ~cribed in "Minor Subdivision #90~ April 30, 1974." ~n-consiUering this appeal, the board finds and deter- mines: that the variance should be granted because: (a) the proposed structure will not be adverse to neighboring properties; {b) the circumstances of the property are unique; {c) the practical difficulties shown are sufficient to warrant a granting of the requested relief because there is very little buildable rearyard area and any other location on the premises would require additional variances; (d) there will be no substantial change in the character of the district; (e) the interests of justice will best be served by allowing the relief, as conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, that the relief requested under Appeal No. 3469 in the Matter of the Application of MR. AND MRS. WARREN ~ADY for permission to locate 30' by 48' accessory barn structure in the frontyard area not closer than lO0' from the front (northerly) property line, BE AND HEREBY IS APPROVED SUBJECT TO THE'FOLLOWING CONDITIONS: 1. The structure is limited to storage use incidental to residental use of the premises and not operated for gain; 2. Overhead doors shall not face the right-of-way {southerly property line); (access area).~---'-~ There shall be no backing out onto the right-of-way Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was duly adopted. lk GERARD P. GOEHR'INGER, C~IRMAN June 2, 1986 0 0 Wn our o e MAIN RDAD-STATE RDAD 25 SDUTHOLD, L.I., N.Y. ll~?l · ,' ., . -.. ,, TELEPHONE {516) ACTION OF THE ZONING HOARD OF Appeal No. 3469 Ap~l£cat~oa o~tea Februa~ 20, 1986 (Public Hearing 4/3/86) ~O= Hr. and Hrs. ~arren Brady -.,Ap~__[ .... 3500 Prfvate Road #13 Mattituck, NY 11952 At ~ Meet~ o~ the Zo~:g Hoard o~ Ap2e~ls ~eld o~ ~a~ 28, 1986, the abo~e a2peal ~as co~side~ed~ and the action ~d~cated below was take~ o~ ~o~ [ ] Request ~ Variance Due to ~ack o~ Access to New ¥o~k To~n ~&~ Sect±on 280-a [ ] Request £o~ Special ~cept±on unde~ the ~omi~g O~d£~ce A~t~cle · $ect~o~ [X]Request ~o~ Variance to the ~o~i~90~di~a:ce ~t~cle III · Sect~o~ 100-32 Request for :Application of WARREN. AND MARY BRADY for a Variance to the Zoning Ordinance, Article III,'Section 100-32 for permission to locate accessory barn in the frontyard area~, at pmemises referred to as 3500 Private Road #13, off the north side of'Bergen Avenue, Mattituck NY; County Tax Map Parcel No. 1000-105-01-5. ' WHEREAS, a public Matter of the Application 3469; and hearing was held on April 3, 1986, in the of WARREN AND MARY BRADY under Appeal No. WHEREAS, the board members have personally viewed and are familiar with the premises, in question, its present zoning, and the surrounding areas; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded and transcribed; and WHEREAS, the board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the board made the following findings of fact: 1. The premises in question is located along t~e north side~ of a private right-of-way (partly traveled) known as Private Road #13 which extends off the north side of Bergen Avenue, Mattituck, and is identified on the Suffolk County Tax Maps as District 1000 Section 105, Block O1, Lot 5. ' 2. The subject premises consists of a total area of five acres, with frontage along the private right-of-way of 200 feet and lot depth of 1086± feet extending in a northerly direction to the (CONTINUED ON PAGE TWO) DATED: June 2, 1986. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS § 10(K-q3 ZONING § 100.30A.1 buildings and structures or other accessory uses'shall be located in the required rear yard, subject to the following requirements: A. Such buildings shall not exceed eighteen (18) feet in height. B. Setbacks. [Amended 7-17-1990 by L.L. No. 14-1990, 2-5- 1991 by L.L. No. 2-1991] (1) On lots containing up to twenty thousand (20,000) square feet, such buildings shall be set back no less than three (3) feet from any lot line. (2) On lots containing more than twenty thousand (20,000) square feet up to thirty-nine thousand nine hundred ~ ninety-nine (39,999) square feet, such buildings shall be set back no less than five (5) feet fi'om any lot line. (3) On lots containing in exce~ of thirty-nine thousand nine hundred ninety-nine (39,999) square feet up to seventy- nine thousand nine hundred ninety-nine (79,999) square feet such buildings shall be set back no less than ton (10) feet from any lot llng (4) On lots containing in exee~ of seventy-nine tlxm~m,~d nine hundred ninety-nine (79,999) square feet, such buildings shall be set back no less than twenty (20) feet from any lot line.~ stn the ease of a waterfront parcel, acee~ory buildings and ructuros may be located in the front yard, provided that such buildings and structures meet the front-yard setback requirements as set forth by this Code. [Added 12-22-1992 by L.L. No. 33-1992] ARTICLE Ilia Low Density Residential R-40 District [Added 1-10-89 by L.L. No. 1-1989] § 100-30A. l. Purpose. The purpose of the Low-Density Residential R-40 District is to provide areas for residential development where existing neighbor- 10051 FORi~ NO. 2 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTH*OLD, N. ¥. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE P'REMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) N? 9207 Z Dote April 26 19.....?.~ Permission is hereby granted to: of premises located at ..~......O....?..~.........~.../.....~..e..~.g.e...~...j~.~.e. ......................................................................... .............................................. .z~!~..~.~ ~.~..e.~;..... ~.b.~ ,. .............................................................................. pursuant to application doted .................... .~,~,~.~,,~......1.~, .............. 19..~.~..., and approved by the Building Inspector. Present: BOARD OF ZONING APPEALS TOWN OF SOUTHOLD December 8, 1993 HON. (7:30 p.m. Hearings Commenced) GERARD P. GOEHRINGER, Chairman SERGE DOYEN, Member JAMES DINIZIO, JR., Member ROBERT A. VILLA, Member RICHARD C. WILTON, Member CLAIRE GLEW, Board Asst. pro tem ' ~age.34 - Transcri~of Hearings 'Southold Town Board"of Appeals Wednesday, December 8, 1993 APPLICATION NO. 4199 - PETER PSYLLOS. (8:00 p.m.) THE CHAIRMAN: That brings us to Peter Psyllos. That was a carryover from the last meeting. At that particular time it was requested that a neighbor that a topo be done, and we do have one in front of us; and I will ask Mr. Bruer if there is something he would like to add to the hearing. Appearance: Rudolph Bruer, Esq., for the Applicant. MR. BRUER: Yes, I would. That topo is the only map that we have. You can see it is the original. THE CHAIRMAN: Right. MR. BRUER: It was done very recently because, as I had indicated to the Board, we would have difficulty with the surveyors. We were not able to get one from Young & Young in time for this hearing; and we did --Mr. Corazzini in conjunction --who was the gentleman that-- MR. CORAZZINI (interposing): His name is Jim Costa (phonetic, no spelling supplied record). And he is an inspector for New York State DOT. Him and I actually did the surveyong on Monday and Monday night he went home, and he drew that up on that piece of graph paper, and then I actually brought it Tuesday morning. THE CHAIRM~N: Wonderful. Thank you. MR. ~RUER: And they did it as large as they could so it would be available for everybody to see; and it was really Southold TownBoard--of Appeals Wednesday, December 8, 1993 impossible to make multiple copies of it and have them available for every member to view. We took a little bit of liberty there based upon the last hearing --You will notice it is not exactly the way it was described at the last hearing. I think we did it primarily to take into consideration the comments that occurred at the last hearing. You will notice that the setback from the neighbor who did have objections to it --we originally proposed a ten feet-- to be fifty feet. That was also done with the idea of preserving the larger trees which were in the area closer to Mr. Brady's property line. The location as we propose there woul~ be to save as many ~f the good trees, the larger trees, the older trees that are there; and I think this does a good job of it. Of course, if you have any objections to that, we can move it to some other area of the front yard that the Board would see fit. But I think the Board did indicate that it had concern to have us take into consideration the feelings of the neighbor. I think that does it. As I feet from that neighbor's side. There has ther~ on that side of the property; said, it takes I think 50 is a big fence that he and I think it does the best that we can do in terms of saving the larger trees. For the file, we have some photographs of the property. This is taken showing the neighbor's property from the house, as well as --This is a panoramic camera showing from thc property the neighbor's property. This is looking south showing the fence here of the neighbors and showing the larger 'Page 36 - Transcri~f HeariDgs Southold Town Board of Appeals Wednesday, December 8, 1993 trees that it would be the intention to save, rather than as originally indicated we lost some in the middle. I'll leave this for the file. Again, showing the area. This is just a photograph from the house looking at the property to the north, which is the property of Mr. DeChirico. Mr. and Mrs. DeChirico are here tonight, and they are in favor of this application, and Bruer. THE CHAIRMAN: We hope to dispose of it tonight, Mr. MR. BRUER: Again, I would like to reiterate the fact that there is only one neighbor that is complaining. The adjoining neighbors, the original developer of this property, Mr. Sledjeski, has also indicated his approval. I believe, although the record didn't show it, we have given you a copy of his affidavit indicating that he had no objection to this project in this particular place, and that he approved of the application. THE CHAIRF~N: Good. MR. BRUER: Also present are my clients and five of their children, who are keeping their fingers crossed, hoping that you will please grant tbis application. If you have any questions of myself, Mr. Corazzini, my clients, or the neighbor, we will be happy to-- THE CHAIRMAN: The only question I had was the issue of the trees. Did we say at the 40-foot setback f~om the - TranscriJof Hearings $outhold Town Board--of Appeals Wednesday, December 8, 1993 right-of-way, right-of-way referring to the North/South right-of-way-- Are we going to lose more trees, or are we going to --How is the maximazation coming in? MR. BRUER: North-to-south right of wayh? THE CHAIRM3tN: Well, there was 60 feet before, the right-of-way which actually leads into their driveway, which leads to the house, that right-of-way --not the right-of-way that continues on going west. RICHAPdD CORAZZINI: Again, where the lot is, the larger trees are on the outskirts scrub is in the middle. THE CHAIPu~AN: Okay. MR. CORAZZINI: of the lot, and the smaller If you move the court towards the middle more, you are saving those larger trees and creating a larger dbuffer between the court and Psyllos' house and also a larger buffer between the court and Bradys' fence. MEMBER WILTON: Is that now in essence in the middle of the property, where you have it depicted on the map? MR. BRUER: No, it is actually a little further towards the right-of-ways now because if you take the measurements'and add them up, you will see it is quite a ways toward the right-of-way. I think we're only 40 feet from the east/west and 34 from the north/south right of way. ME~IBER WILTON: Is this the best plan to save the b~gger trees? '.P~e. 38 - Transcr~ of Hearings So~thold Town Board-of Appeals- Wednesday, December 8, 1993 MR. BRUER: Yes. We may have to go 45 feet to the fense. There is a couple of nice trees on the corner closest to the Chairman (indicating on map) if you are looking at it the same way I am. That would help to save some bigger trees on that side also on that side of the right-of-way. So we may have to go 5 feet closer to Brady's property, 45 feet instead of fifty. THE CHAIRMAN: I was going to suggest that anyway --good. MEMBER VILLA: What was the measurement you gave me the first time from the east/west right-of-way? THE CHAIRMAN: Sixty. MEMBER VILLA: And now it is 40. That is the north/south right-of-way? MR. CORAZZINI: Yes. MEMBER VILLA: How about the other right-of-way? MR. CORAZZINI: It is just that we were trying to move it to be considerate of the neighbor and to leave it-- MEMBER VILLA: original dimension was. THE CHAIRF~N: I was just curious as to what the We are getting there. Hold on. It is not on that one (rattling papers). Seventy-five. MEMBER VILLA: It was 75 from the right-of-way that comes in off Ruth's Road; and now it is going to be thirty? THE CHAI~%N: Thirty-four. SoutholdTownBoard--of Appeals Wednesday, December 8, 1993 MEMBER VILLA: house then? MR. CHAIRMAN: So you pushed it further away from the Right. MR. BRUER: Yes. MEMBER VILLA: Okay. THE CHAIRMAN: We will take that under consideration, Mr. Corazzini, when we deal with it, possibly forty-five, and from the Bradys, which would give us 45 from the north/south right-of-way. Good. Thank you. Thank you, Mr. Bruer. THE CHAIRMAN: Is there anybody else who would like to speak in favor of it? Is there anybody who would like to speak --sorry, go ahead. BILL DiCHIRICQ: I am the neighbor to the north of the line. I feel that in essaence this won't do anything to deteriorate from the prcperties. In fact, it might enhance them if anything. I have no problem with'it. THE CHAIRMAN: Thank you. .Appreciate it. Mr. Brady, is there something you ~ould like to say? WARREN BRADY: Yes. Mr. Chairman, Members of the Board, and Miss Secretary: I had bee~ awaiting arrival of that topo map. I did get to see it this morning when it came in. However, there weren't any copies that could be bought, so I am kind of at a disadvantage, you know, trying to discuss it with you now. Usually, I used to stop at Howie Young's office in Riverhead and have all kinds of plans run off in five minutes. ~.Pagei40 -~Transc~-~of Hearings Southold l'own Board--of Appeals Wednesday, December 8, 1993 So I am kind of surprised there are no copies available for all of us. I had noticed that the drawing wasn't stamped by a licensed engineer. And that probably was the reason there wasn't copies duplicated. You know when you object to something your neighbor wants to do, you get put in a very uncomfortable position, you know. You really don't like to deny people something they really want, regardless of what their preference is for or whether you never saw them before in your life and they are strangers that marched into the territory. You still feel badly, you don't want to hurt their feelings, you don't want to make enemies. Life is pretty short; and when you get to be my age, it is as short as hell. So I have been fighting the jetties in Riverhead, up from the North Fork Preservation Council. My wife, of course, did most of the work; and then they later changed it to the Environmental Council; and when Bill DeChirico's house was being built, we fought that, we hired-- They had pushed the bluff way to the north and moved the bluff edge; and we knew that his house would suffer. But they wouldn't listen to us. We hired Coney (phonetic) and Latham, you know, the environmental boys, to come down and fight it. So now they let them put it in there, so Bill's property has dropped five feet in front in the last five or six years, and he rumor in the trade is his house has a foundation that is cracking and, of course-- MRS. DiCHIRICO~ Where did you hear t~st? .Page. 41 - Transcrl f ~'Hearings Southold TownBoar Appeals Wednesday, December 8, 1993 MR. BRADY: I am in the real-estate business. MRS. DiCHIRICO: There is no rumor of any kind-- THE CHAIRMAN (interrupting): This is not germane to the particular issue that is here, so let's get back to that case, Mr. Brady. MR. BRADY: Ok. I am just trying to say I went out of my way trying to save people problems, you know. Now people seem to be ganging up on me, you know? But anyway, after seeing the drawing, we would consider withdrawing our objections in the interest of neighborhood harmony, and that is it, quite · sincerely. If they change the drawing setback dimension from 50 to 60 foot on our east boundary, thereby moving the court 10 feet to the east, also to maintain existing grade at the south end of the court --no berms, because we end up with a berm and then goes a ten-foot fence up, we are going to have something that won't be covered up by trees for a long time. In addition, we would ask that they plant a double alternate row of ten-foot-high spruce trees on the west and south sides of their tennis court, to cover up chain-link fencing, to reduce rain runoff, and soften the loss of all the trees due to grading requirements. Also in response to Mr. Bruer's complaint that the Psyllosses were subjected to an eyesore view from the west side of their house, we would be happy if they would plant trees on the west boundary by the back of bheir house to screen off ' .Page~42 - TranscriOof Hearings Southold Town Board-of Appeals Wednesday, December 8, 1993 the view of our fence and grounds, of their exposed foundation. In response to Mr. Bruer's hearing that we had an illegal fence, and it would save us a view statement at the last I submit copies of our legal fence permits, Forms No. 1 and 2, issued by the Town of Southold April, 1977, signed by Howard Terry, Building Inspector, and this was prior to the erection of any houses on the east side of our property. The basic purpose of fencing was to keep hunters from hunting and shooting across our property. In those days, the people that lived there only came there for the summertime; so as soon as they left in September, the hunters descended on the place and they were shooting all over; and we were there living year-round and we were in danger. So anyway we hope the decision you render will be fair to all parties. Thank you, gentlemen, and I will give you this. THE CHAIRMAN: Thank you. MR. BRADY: Here is the building permit, and if you will bring that to Mr. Bruer's attention and chastise him a little for lying about it, you know.) MR. DICHIRICO: check my foundation -- MRS. DICHIRICO: By the way, Warren, if you want to There's nothing wrong with it! MR. BRADY: Real estate brokers tell me I'm right. MRS. DICHIRICO: I have never heard it and you're damned liar. .Page. 4~ - Transcr of Hearings Southold Town Board ef Appeals Wednesday, December 8, 1993 yOUr MRS. Elaine. MR. BRADY: I'm a liar? I didn't say anything to I know you have been trying to sell your house for three and a half or four years, and that's the reason you haven't sold it. THE CHAIRMAN: Ok. If you will all be so kind as to sit tight for about 10 or 15 minutes, we will start to address this hearing right after this. Is there anybody else who would like to speak concerning this? MEMBER DINIZIO: No. Can I just see the sketch for a minute? THE CHAIRMAN: Sure. I will say for the record and this is, you know, a comment to the Psyllos family, we appreciate immensely the --as well as Mr. Bruer and Mr. Corazzini-- your supplying us with this topo. And really it helps the situation immensely. It really does. MEMBER DINIZIO. I'm all set, Jerry. MR. CHAIRMAN: Ok. Hearing no further questions, I make a motion closing the hearing and reserving decision. This. resolution was seconded and duly carried. Southold Town Board of Appeals ~ ., ,, TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3469 Application Dated February 20, ]986 (Public Hearing 4/3/86) TO; Mr. and Mrs. Warren Brady ~: D ,}n~ [Appellant(s)] 3500 Private Road #13 Mattituck, NY 11952 At a Meeting of the Zoning Board of Appeals held on May 28, ]986, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section IX] Request for Variance to the Zoning Ordinance Article III , Section 100-32 [ ] Request for Application of WARREN AND MARY BRADY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate accessory barn in the frontyard area, at premises referred to as 3500 Private Road #13, off the north side of Bergen Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-105-01-5. WHEREAS, a public hearing was held on April 3, 1986, in the Matter of the Application of WARREN AND MARY BRADY under Appeal No. 3469; and WHEREAS, the board members have familiar with the premises in question, surrounding areas; and personally viewed and are its present zoning, and the WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded and transcribed; and WHEREAS, the board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the board made the following findings of fact: 1. The premises in question is located along the north side of a private right-of-way (partly traveled) known as Private Road #13 which extends off the north side of Bergen Avenue, Mattituck, and is identified on the Suffolk County Tax Maps as District lO00, Section 105, Block O1, Lot 5. 2. The subject premises consists of a total area of five acres, with frontage along the private right-of-way of 200 feet and lot depth of 1086± feet extending in a northerly direction to the (CONTINUED ON PAGE TWO) DATED: June 2, 1986. ForTa ZB4 (rev. 12/81) CHAIPd~AN, SOUTHOLD TOWN ZONING BOARD OF APPE/LLS Page 2 - Appeal Nol Matter of WARREN AND ! BRADY Decision Rendered May 28, 1986 Long Island Sound. The premises is improved with a single-family dwelling set back very closely to the bluff along the Long Island Sound. There are two accessory buildings as follows: (a) 28' by 20' and (b) 16' by 30', both for storage purposes incidental to the existing dwelling and not operated for gain. 3. By this application, appellants request permission to locate an 30' by 48' accessory barn/storage structure landward of the existing dwelling in the front yard area 100 feet from its front (southerly) property line, 52 feet from the west property line, and 100m fees trom the east property line as shown, by survey amended December 3, 1985, prepared by Roderick VanTuyl, P.C. 4. It is the opinion of the board members that the property consists mostly of "frontyard" area and that the most feasible area would be at least 100 feet from the Sound bluff (per Article XI, Section 100-119.2(A)). The area chosen by the applicant is set back farther than a principal building would normally be required on a vacant lot in this "A-80" Agricultural and Residential Zoning District. 5. For the record, ~he~e is a Certificate of Occupancy d~ted April 27, 1966 under No. Z2407 for the private single- family dwelling, and written easement at Liber 8463 cp 378 dated July 6, 1978 from Stanley Sledjeski to the applicants for access 6Ver~lthe right-of-way extension to the east des- cribed in "Minor Subdivision #90~ April 30, 1974." In considering this appeal, the board finds and deter- mines that the variance should be granted because: (a) the proposed structure will not be adverse to neighboring properties; (b) the circumstances of the property are unique; (c) the practical difficulties shown are sufficient to warrant a granting of the requested relief because there is very little buildable rearyard area and any other location on the premises would require additional variances; (d) there will be no substantial change in the character of the district; (e) the interests of justice will best be served by allowing the relief, as conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, that the relief requested under Appeal No. 3469 in the Matter of the Application of MR. AND MRS. WARREN BRADY for permission to locate 30' by 48' accessory barn structure in the frontyard area not closer than 100' from the front (northerly) property line, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. The structure is limited to storage use incidental to residental use of the premises and not operated for gain~ 2. Overhead doors shall not face the right-of-way (southerly property line); 3. There shall be no backing out onto the right-of-way (access area). Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was duly adopted. lk GERARD P. GOEHR'INGER, C~A~Il~MAN June 2, 1986 of -I'~ c'°rrle~i° ~ov~ YOUNG & YOUNG 400 OSTRANDER AVENUe' laIVPR~Hrar', outhold Town Board of Appeals ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3532 t~~ Application 'Dated June 24, 1986 ~'£.~ i~.~.-~ ' TO: ~ ~? ~4~ ~1~ [Appellant (s)] Anthony B. Tohill, P.C. - 12 First Street, Box 1330 ~ Riverhead, NY 11901 At a Meeting of the Zoning Board of Appeals held on September ]], ]986, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [ ~ Request for Variance to the Zoning Ordinance Article III , Section § ]00-30(C) and ]00-32 [ ] Request for Application of ARTHUR AND BERNADETTE BURNS for a Variance to the Zoning Ordinance, Article III, Sections 100-30(C) and 100-32, for permission to construct accessory tennis court in the frontyard area, at 3525 Private Road #13 (right-of-way extending off the end of Ruth Road), Mattituck; County Tax Map Parcel No. 1000-105-1-4. WHEREAS, a public hearing was held and concluded on August 1986 in the Matter of the Application of ARTHUR AND BERNADETTE BURNS, Appeal No. 3532; and 14, WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the board members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the board made the following findings of fact: 1. The property in question is located at the north side of Private Road No. 13 in the Hamlet of Mattituck and is more particularly identified on the Suffolk County Tax Maps as District 1000, Section 105, Block l, Lot 4. 2. The subject premises contains a lot area of 5.483 acres and average lot width of 227± feet and is shown on survey revised May 23, 1986 by Young & Young Surveyors to be improved with: (a) a single-family, one-story frame house set back very closely to the bluff along the Long Island Sound and 677± feet from the southerly (fro~t) property line and 50± feet from thC easterly (side) property line, (b) accessory inground pool distance 75± feet south of the dwelling structure, (c) 8' by 22'± accessory shed situated 327± feet from the southerly property line and 58± feet from the westerly (side) property line. (CONTINUED ON PAGE TWO)- DATED: September 17, 1986. Fo~ ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3532 Matter of ARTHUR AND BERNADETTE BURNS Decision Rendered September ll, 1986 3. By this application, appellants request permission to locate a 60' by 120' tennis court approximately 190 feet south of the existing dwelling in the front yard area. No fencing is shown or requested at this time, and it should be understood that this variance does not include an excessive-height relief for the fence. 4. The board agrees that the top6graphy of the land and location of the existing structures lend to the practical difficulties in this matter and that there is no other method feasible for appellants to pursue other than a variance. 5. It is also the understanding of this board that the tennis court will be limited as an accessory incidental to the single-family residential use of the premises and not operated for gain. In considering this appeal, the board also finds and determines: (a) that the relief requested is not substantial~ (b) the practical difficulties claimed are sufficient to warrant a granting of relief, (c) there will be no substantial change in the character of the district; (d) the circumstances are not shared by other properties generally existing in the neighborhood; (e) there is no other method feasible for appellants to pursue other than a variance; (f) the setback of the proposed accessory tennis court will be substantially farther than that provided for new principal structures; (g) that in view of the manner in which the difficulty arose and in consideration of all the above factors, the interests of justice will be served. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, that a Variance for permission to locate tennis court structure accessory and incidental to residen- tial use of this parcel, in the Matter of the Application of ARTHUR AND BERNADETTE BURNS, Appeal No. 3532, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. The accessory tennis court be located not closer than 365 feet from the front property line as requested and not closer than 30 feet to the west property line; 2. No outside lighting around the tennis court structure, as proposed; 3. Excessive height of fencing, if any, is not to be considered part of this approval and may require another variance application for consideration after formal applica- tion to the Building Inspector. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was duly adopted. lk GERARD P. GOEHR'INGER, C~AIRMAN September 17, 1986 0 "At.L that cortal~ tract or parcel"b~ land, ~, . ..~ ~! beqinninq bein~ distant the [oll~tnq two (2) ' ~-._: WHEREAS, the Declarant intends that the a~ores&~d · land shall be developed as a planned tone, unity of one--family, ]d~ellings, and in order to provide for the beneficial and harmonl= ous development, the Declarant desires to lm~se certain res~ric' tioas and covenants on th~ aforesaid land vhlc~ shall ~ bi~lnq o~ all ~e purchasers and ~rtqaq.es of indt~idual plots, t~ei~ · ~eirs, ~xccutors, administrators, and ass!gat. Annox~ made ,z part h~r~f as Exhibit "A' is a certa.n map ~.tltled, , ,'~ T~n o[ Sou~old, Suffolk County, New York,' by Youog & . N~, TIIIi~FORE, said aforedescri~ premises shall be subject to the roll.lng covenants and restrictions which 1. "N3 lot, as shorn on said map innpxed.hereto al the ~ctarant. Fiat-r~f construction a~d as~sto~ sidin~ shall 6. Tree etumps and debris muet b~ r~ved ~r~ any 'lot ~. ~o m~hi]~ ~yta~ home or trailer shall be kept; -2- 8. No animals, livestock or poultry of any rind shall thor household ~ets provided they aze not raised, bred or for any co~rcial purpose. No animals shall Be exterior of the pr.ises, vith ~e exception of sale of ~rchdndise or q~s oi any kind, for any trade or ~hats~ver. or tog the display et any advertising or c~rcl~l signs. No ~',oxious or of[enstve activiti.s shall be carri~ u~n ,~ny lot, nor shall anything ~e done on the lot vhich ~y an annoyance or nuisance to the netqh~oring pro~ttiel. ' 10. ~o electric or telephone ~les shall be ~11~ ~ ~remises as all utzlity services for electric and telep~n~ be installed by a residential underground systems, at the e~nse satd ~4p annexed hereto as ~x~ibtt '1' shall be ~xpressly rese~ for tbs installatlt~n and ~lntenanc~ et utility lines tar .~telephone, and any other u~lllty service to each lot ~er. 11. All ~nocs of lots, their tuestS and invit~es, are 4hereby g~te~.a~_ .* ~h~ir ~n risk, over the 'riqhts-oi'v~Y' sh~n on said ~p annexed hereto as Exhibit ' 12. Each and every lot conveyed shall be s.bJect to an ann~al charrJe in an a~unt that will be [~x~d by th~ ~cla: ithe a~ of ~anty-[ive ($25.00} ~iars ~r lot. The ~er el any lot, hi~self, his heirs, successors and assigns, covenants he ~pay this charge to Declarant, hfs successors and assigns, on lat day of 3anua~ ~n each and every year, and further ~venan~s ~at said charge on said date in each year shall beco~ a 1Len ~id land and shall continue to be such lien untll fully paid. ~Such charge shall be pay~le to the grantors or their ]o~er'c;tmity put.sos beneficial to the real pr~r}y a~ve describe. A party, by the 8c~Pot~ of 8 ~cd, ncrcny th Clio Declarant, his successors and asslqns, the right and ~ to brin,l at1 actions agains~ the ~ner of the pre.ises ~re- by convi, yed or my pats thereof for the collation of ~uch charge and can eniorc- the aforesaid lien therefor. 13. At s~l(:h time as a property ~ors~ association Of the ~nd asstgns, vii' ~ssiqn all o~ his rights, duties, and obligatl~l ~hereunder to s,~i. property owners' association. Each ~ner of a llot shall autom.~tically become a ~mber in s~ch pro~rty ~uers ]as~oetationl bnw~,vt, r, each lot shall be entitled to only one .: -.~ 14. Th~e covenants shall remain I. {orce a~ eli~t ~til' }January L, 2900, and ~y h; enforced by any action for da~gos~ ttnlunctio~, or b<~th. - ~Ot these covenants. In ~hole or In part, t ~rson. i .( l~. lnva[[da~Lon of any o( the aforesaid covenan~ ami restrictions and cond£tions by a Judgment or court order I~X I I ! Notary SIAIE OF NFW YORK Gourdy of Suffolk I. E[)WARD P. ROMAINE, Clm'k o[ Ihe Co[Inly ol Suffolk arrd Clork of Ihe Supreme Court of Ihe Slnle ~'~ of Now York in nnd for said Court y (snid Coral bein~ a Court o{Record} DO HEREBY CER'I iFY thai Ihnve compnred tho annexed copy of " .... ~ ~ ~/~ ~ nnd Ilml il is n just and Iluo copy of such originnl ~ (/~ ~ ~i'' U mid of Iho whole Iholeof. IN ]ER]IMONY WIIE[1EOF, Ilnvo meunloso ~yhaldandollixedlhe~oalofsnldCoutdy '- ( ' - ......~...: ............................. ~~ Cle~k.2, YOUNG · YOUNG MINOR 5UBDIVISIOKI PLAN SLEDJESKI SOUTHOLD .~!d~.~..SUFFOLK CO. ~.Y,~;~,?*~ / ~ DEC:2?, 1973 DECLA~ O~ COVENANTS AND RESTRICTIONS by STANLEy SLEI~'ESK ! DATED~ March 14, '[0 PUBLIC HEARING BOARD OF ZONING APPEALS TOWN OF SOUTHOLD November 8, 1993 Pre sent : (7:30 p. m. HON. GERARD P. GOEHRINGER, SERGE DOYEN, Member JAMES DINIZIO, JR., Member ROBERT A. VILLA, Member RICHARD C. WILTON, Member Hearings Commenced) Chairman LINDA KOWALSKI, Clerk-Assistant to Board ZBA HEARINGS 11 93 2 I N D E X APPLN. # APPLICANT Paqe~; 4199 4200 4201 4191 4195 PETER PSYLLOS. JOHN E. ANDRESEN AND OTHERS. NORTH FORK COUNTRY CLUB. BECKY JOHNSTON PETROL STATIONS LTD. 3- 35 · 36-42 · 43-52 · 53-73 · 36 ZBA HEARINGS 11/8/93 3 APPLN. NO. 4199 - PETER PSYLLOS. Variance to the Zoning Ordinance, Article III, Section 100-33 and Article XXIII, Section 100-231 for permission to locate proposed tennis court structure enclosed with ten-foot high fencing in the front yard area. Location of Property: 2867 Ruth Road, Mattituck, NY; County Tax Map Parcel No. 1000-106-1-1.11. 7:40 p.m. (The Chairman opened the hearing and read the Legal Notice and application for the record.) THE CHAIRMAN: I have a copy of a survey produced by Young and Young indicating the actually very beautiful house that exists on this particular piece of property. The application before us is that of a tennis court of approximately sixty by a hundred-twenty. It is in the front yard area, and I have a copy of that and a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Mr. Bruer, you would like to be heard? Appearance: MR. BRUER: Rudolph H. Bruer, Esq., for the Applicant. Yes. Mr. Chairman and Members of the Board: In behalf of Mr. Psyllos, we have here a situation of a corner lot. The house is actually based upon, is located on two rights-of-ways. The house is set some two hundred and some feet back on, 217 feet from one right-of-way and 54.2 from the other, which would be the front y~rd. The front yard would be 54.2. ZBA HEARINGS 11/8/93 4 We have a unique situation here where the ordinance, town ordinance requires that we have two front yards because of the two rights-of-way. As such, it is impractical to have a tennis court in an area other than in one of the two front yards which in this case would be designated, I believe, as a sideyard. The tennis court --the property, as you can see on the map, is 150 feet wide by some 400 feet long. The area where the tennis court would be located is in an area of 150 feet wide by 217.8 feet long. The tennis court is 75 by 120 and would adequately fit in there with respect to the property. We would request that the tennis court be set back 60 feet from the quote-unquote front yard right-of-way, .and it would then be 75 feet back from the other right-of-way. As you can see, the standard here is the practical difficulties one because, with respect to a tennis court and this particular piece of property, which is unusually large for the area, at least for the area to the east and to the south, the only logical place for it is in that area. It also goes on the standard of being unique. It is unique because of the two front yards. Having had an adequate backyard, if it was not on two streets, would be no problem other than coming in here for a variance with respect to the fence. The fence is going to be ten feet in height and I believe it meets with the area, and I den't think is really goinq to change Lhe character of the neighborhood. I believe there is a residence within two ZBA HEARINGS 11/8/93 5 premises from this one --I think it is two or three-- which also has a tennis court. I believe a variance must have been granted and can look that up. We have premises here to the east of us wherein a variance was granted, I think back in '86, with respect to a barn located in the front yard. Other than that, I have the engineer who is going to construct the tennis court; and I have the Psyllos here for any questions the Board may have. THE CHAIRMAN: Any questions? I really don't feel this mike is working. I don't know how you people can hear out there. AUDIENCE VOICES: Now it is. THE CHAIRMAN: There is absolutely no pre-amp to it, and that is why I have to talk this way, and I apologize. What about lighting, Mr. Bruer? MR. BRUER: At this particular point there is no plans for lighting although I have not discussed that option with my client, but we would like to have that option. I believe the Board has been out there and has observed the property. The area where the tennis court is going into is an area which is quite heavily overgrown with bramble, dead trees, some lovely old trees. By the way with respect to the trees, It is the 'lntention of the applicant to preserve the trees as much as -possible, particularly the older ones, and they have that designed that they think they will be able to do that. ZBA HEARINGS 11/8/93 6 believe they also would like to take into consideration the neighbors, which the neighbor to the east I think the Board will reme~ber, has a six-foot-plus fence. The tennis court would be properly laid out so that the drainage with respect to the tennis court would definitely not flow towards that neighbor. We would like to be good neighbors and not to create any problems. THE CHAIRMAN: You said you had the gentleman who is going to construct it with you? MR. BRUER: Mr. Corazzini is here. THE CHAIRMAN: Could I just ask him a couple questions? MR. BRUER: Please. THE CHAIRMAN: How are you tonight, sir? RICHARD CORAZZINI: Goodl THE CHAIRMAN: In reference to a starting point, of course, we know the property falls away from the house, right. Would you be starting on-grade from the house and then building it up, or would you be cutting into the property, so as to make it completely level? MR. CORAZZINI: Well, we have to cut in to make it completely level, obviously, to be a level tennis court. What we planned to do was build retaining walls on that end to hold that dirt back, and actually have stairs going down into the court. ZBA HEARINGS 11/8/93 7 THE CHAIRMAN: HOW deep do you think that would be? Do you have any "guesstimate"? MR. CORAZZINI: I don't believe we are going to have to do more than -- I don't think it is going to be more than 3 or 4 feet of soil, and we can use a lot of that soil at the other end to fill that end in. THE CHAIRMAN: What are you going to do on the other end, in retrospect, use railroad ties or something to retain this? MR. CORAZZINI: I don't think on the other end that will be necessary to have any railroad ties, because that end, once we have the railroad ties on the end where we have to take a lot of the dirt from, we can move it to the low end and level the low end. Once we have that done, we will just put the fence around the low end. THE CHAIRMAN: Any existing soil that has to be moved, how would that be --Let's assume that we had an overcut of 5 feet or 10 feet around the thing where, conceivably, the fence is going to go and so on and so forth-- so as to cause or to stop any erosion, what would you use? Would you immediately plant grass? Would you use sod, what would you do? MR. CORAZZINI: That is what you have to do-- You have to get some sort of growth established, ivy, grass~ sod, whatever, but you do have to put some sort of vegetation in so it does hold the water bacK. Otherwise, you would have a big ZBA HEARINGS 11/8/93 8 erosion problem. We also wanted again --what Mr. Bruer said-- as far as the trees go, when we went in to first stake it out, one of the first things that Mr. Psyllos said, he said, "I am a guy from the city, and I do want to keep as much, as many of these trees as I can. I don't want to just come in here and cut' everything down." So that is another thing we are going to do: And that is preserve most of the bigger trees. THE CHAIRMAN: Good. Okay, thank you very much. We will see what develops throughout the hearing. MR. BRUER: Two other points. One: It is the intention of the applicant to put in plantings to help keep erosion from happening. Two: I would like to point out to the Board I have been informed by the applicants that within three years they should be out here as permanent residents. It is just a matter of selling and getting out ot Queens. And, third, I didn't point out, although I believe the Board, I supplied the Board with a copy of what we call a declaration of Stanley Sledjeski, the developer of the property, wherein he has agreed to amend the covenants with respect to this lot, stating that he has no objection, Number One, to a tennis court being built; Two: That he has no objection to the fence being built around it; and Three: As a matter of fact, in that document he indicates that he thought the tennis court would be for the neighborhood and wouldn't hurt the environment any. Any further questions? ZBA HEARINGS 11/8/93 9 THE CHAIRMAN: Those covenants and restrictions are still in effect, is what you are telling me? MR. BRUER: They are in effect, but the covenants by their terms say they can be amended by the declarant Stanley Sledjeski. I saw Mr.. Sledjeski on Saturday, and we discussed this in detail, and he has executed the document that is before yOU. THE CHAIRMAN: YOU know, you bring up that point and I never mentioned this in the beginning of the hearing, but I, of course, am related to him by marriage, okay? And he has owned this property for, I guess he owned it for three or four years prior to him selling it to a second owner or first owner, and Mr. and Mrs. Psyllos are a second owner, I assume. MR. BRUER: That is correct. THE CHAIRMAN: I hope no one has any objection to my being here sitting on this particular application. If Mr. Brady does, I will get to that point, Mr. Brady. Go ahead. MR. BRUER: I just want to make one other point before I forget it -- is that the Psyllos have seven children, all of whom, including Mr. Psyllos, are avid tennis players. One of the reasons they chose this particular piece of property was that they believed that they could have a tennis court here, and the size of =he property, that was one of the inducements for them to purchase. ZRA HEARINGS 11/8/93 10 THE CHAIRMAN: Okay. Thank you, sir. Is there anybody else who would like to speak in favor of this application? MR. BRUER: The Psylloses are here. THE CHAIRMAN: How do you do? MR. PSYLLOS: Just one other point. Two letters had to be sent to the adjoining neighbors, Mr. Brady and Mr. DeChirico, and Mr. DeChirico the other day wrote us a very nice letter: We would love to see the tennis court there and it would enhance the property value. THE CHAIRMAN: Thank you. MR. BRUER: I believe the Board has THE CHAIRMAN: Yes. a copy of that. We have a copy of both letters, I believe. BOARD CLERK: No, we don't have that one. We have two, one from Mr. Brady and one from Mrs. Brady. (DeChirico letter handed up by counsel.) THE CHAIRMAN: Is there anybody else who would like to speak in favor of thls application? Anybody like to speak against the application? Mr. Brady, we are ready for you. Are you Mrs. Brady? How do you do? MARY S. BRADY: I am Mary S. Brady. I am a co-owner of the property adjacent the applicant, and I have a statement to make about the situation. We have been living there, for twenty-s~ven years, and we have five acres of land, starting at ZBA HEARINGS 11/8/93 11 the Sound, right down to the roadway. The application by Mr. and Mrs. Psyllos for a variance to the front yard adjacent to ours for the purpose of installing an (word inaudible) tennis court is directly contrary to the established order for front 'yards standards in zoning. This area is one of the most unique, desirable and picturesque locations on the North Fork. We all know that these characteristics are supremely coveted in the real-estate market. A fact in point, Mr. Ford (phonetic, no spelling supplied record), who sold his parcel to Mr. and Mrs. Psyllos, made a pointed reference in his newspaper advertisement to sell the premises, that a scenic, parklike view was part of the highly desirable aspect here. Since our grounds are an obvious target of this inducement, it should also seem persuasive that it is to the interest of the area that the spirit and standards which we adhere to be supported rather than thwarted. This proposed tennis court presents distressing problems. Although a 120-foot by 60-foot area has been predicted to us as the boundary of the court, it omits the peripheral area to be cleared. The combined areas would constitute a denuding of a forest stand. There is not enough space here to present a harmonious and compatible relationship with the terrain. The destruction of a stand of trees reaching · a seventy-foot height would be inevitable if this project is permitted. On more complicated level is the fact that the ZBA HEARINGS 11/8/93 f2 proposed slab of asphalt is being convoluted to repose on the side of a hill. The terrain offers no flat land ordinarily considered for a tennis court. A bulldozer would be required to. excavate a massive amount of land, since there is a substantial change in elevation to the degree of eight feet and more from end-to-end. This would devalue our property and give vent to an eyesore at the entrance of our property, along the right-of-way and from our yard. In addition, there is a strong probability that a berm of substantial size and height would be utilized as part of the convoluted scheme to fit this round peg in a square hole. If the 10-foot chainlink fense is added, it may well be thrust over a berm to present a grotesque spectacle. At the very least, an authorized professional topographer should be retained to make a determination presented on a topographical map to illustrate for analysis the extent and depth that this project should be subjected. It would then follow that feasibility analysis could be made as to what effect the land contours likely would have toward the adjacent terrain. A clear prospectus is essential to determine what exactly is going to be the consequences to this sensitive area. There is no evidence that a status quo, no evidence that the status quo of the Psyllos property presents them with a hardship to compel them to seek relief through a variance of zoning. This variance would disrupt and put distress upon the, ZBA HEARINGS 11/8/93 13 natural balance which exists here and upset an orderly zoning now in effect. I, therefore, submit that, all things considered, this application for a variance to permit the construction of a tennis court in the front yard of Mr. and Mrs. Psyllos be denied. THE CHAIRMAN: Thank you, Mrs. Brady. MR. BRADY: Chairman Goehringer, Gentlemen of the Board, Madam Secretary: My name is Warren B. Brady, and I live at 3500 Private Road Number 13 in Mattituck, New York. Now, Private Road Number 13 runs from Bergen Avenue up to my property, which I have a 25-foot right-of-way to; and the other people in the area are calling it Ruth Road, but I have never heard any official confirmation of that address. I am probably a generation older than most of you gentlemen, and you probably will never have heard of me. However, I first came out here in the winter of '35-'36 and delivered a farm tractor to Ed King in Orient, and I dealt with, I worked for a farm-equipment dealer and power mowers and had a lot of estates out here that I worked with. I took the business over in 1938 myself and operated it, and then I got into the overhead door business and I put doors out on Plum Island, Greenport Firehouse. I helped build this building, the rolling counter shutters were all put in by my company; and I have been active in the community, charter member of Patchegue Lions Club, Past Ex~lted Ruler of the Elks, Patchogue Lodge No. 1323, member of the Good Fellows Club thirty ZBA HEARINGS 11/8/93 14 years; men~ber of the Lions, charter men%bet of Patchogue, helped form it in '46-'47; so I am a man who has tried to give back a little to the community, and all we are basically asking for is a little consideration here that what we have built over the .twenty-seven years --We have had a lot of people, people in the Hamptons come over on tours to see our little studio and our home and our grounds; so we are quite proud of them and would like to keep them that way. Before reading the letter that I submitted, I would like to say that Mr. Bruer's handling of the dimensions seemed to be a little obscure and nebulous; and has the contractor submitted a topographical map, and has he submitted exact dimensions of where this is going and what area will be influenced, bringing the grade, because we would hate to see this beautiful wooded spot go down the drain. All right, the letter that I wrote to your Board was regarding variance application of Psyllos for tennis court, hearing 11/8/93. Gentlemen: Last week we received a notice in the mail from a Richard Corazzini, asphalt contractor, on behalf of Peter Psyllos, our new summertime neighbor on the east side of our front yard. Enclosed was a miniature copy of a survey for the subject property with a rough sketch on the survey, showing a proposed location of the tennis court with boundary clearances. ZBA HEARINGS 11/8/93 15 Someone notified Mr. Psyllos and suggested that he call me to resolve our differences, after I had appeared at the office here to complain. He did call me last week after he was notified. He told me on the phone that he was already in contract with Mr. Corazzini for construction of the court. Therefore, he had to do the job. I have never met Mr. Psyllos, so we did not know of his plans. He contacted me after the fact. He told me that he was a licensed real-estate broker and a Certified Public Accountant. He said he closed on the property in early July '93, and in early September he started shopping for a tennis court contractor. Now, I expressed surprise that a man with his real-estate background did not include the variance approval in his purchase contract and not to close on the property without it. He said at that time that he wasn't planning on a tennis court, but he Just got up a few minutes ago and said, "I have been looking forward to building this tennis court," so there is a little confusion there. I tried to reason with Mr. Psyllos not to remove all those mature trees and not to try to build a tennis court on the side of a hill. He was unconcerned; so I asked him had he ever planted a tree? He said, "No, I am a city person from Flushing." I also suggested that he and his grown sons could play tennis on the courts by their Greek church on Breakwater Road, a five-minute walk from their home, or on the Mattltuck ZBA HEARINGS 11/8/93 16 High School public courts. He could not be appeased although this is only his summer weekend activity. In regard to the survey and sketch showing location of proposed tennis court that was submitted to us, I detected a 'deceptive sketch and..setback dimensions. To confirm this, I hired a Civil Engineer, Mr. John Guildi, C.E., 197 Shore Road, Southampton, New York, who was in the employ of the County of Suffolk for thirty years as an Engineer on the Shinnecock Canal Locks, on the Southwest Sewer District, et cetera. He checked the measurements and found the 75-foot setback from the east-west right-of-way, plus the 120-foot court length, would place the north end of the court right up against the house, which would then block their garage-door opening. The Engineer estimated the change of elevation from the north end of the court to the south end was seven to eight feet. And a four to five-foot change of elevation side to side, east to west. To level the court would require an excavation at the north end at least eight foot deep and about 70 foot wide, tapering off to the south end. The retaining walls would have to be built across the north end of the court 8-foot high and tapering off for about 120 feet alongside to the south end. The entire lot would have to be stripped of all those beautiful trees to accommodate this project. From a practical and ecological standpoint, this project iv not feasible. ZBA HEARINGS 11/8/93' 17 One: The plot is completely unsuited for tennis court due to topography and dense growth of mature trees which would have to be destroyed. Two: Loss of trees and asphalt paving would greatly Increase water runoff through Brady property and east-west road. It presents a problem because Psyllos' private road does not have any catch basins or drywells to halt the runoff, and, in addition, their house of about 5,000 square-foot, the roof does not have gutters, leaders or drywells. Will violate front-yard status and property Three: covenants. Four: Will change character of area from wooded glen to school playground with noise. Five: Will seriously depress our property value and be an eyesore 365 days a year. Six: We have spent 27 years improving this property. Mrs.'~Brady has planted over a thousand trees and shrubs, plus seedlings on the bluff, to stop erosion. We have created a parkltke arboretum for our neighbors and ourselves to enjoy. Seven: The enclosed covenants applying to Psyllos property express clearly the tennis courts are not permitted, and also prohibits cutting down trees after the house location has been established. Eight: We have made additional investments, about $150,000 in our property, based on the security, afforded by ZBA HEARINGS 11/8/93 18 these covenants established in 1974. Our present taxes are twelve thousand and in December they will be over $12,500 a year. We are paying dearly to maintain this beautiful estate for everyone's enjoyment. We see no reason for the Town of · Southold to exercise..eminent domain in this case. Therefore, we beg you to weigh your decision and deny this application for a variance. Yours truly, Warren Brady. Thank you; and may I now call Mr. John Guildi, Civil Engineer from Southampton; and he measured the property. THE CHAIRMAN: How are you doing, Mr. Guildi? MR. GUILDI: My investigation --I did not do a survey of the property. However, at Mr. Brady's request, I did go over and measure up from the corner property marker there --Mr. Brady had a sketch which indicated that the tennis court was going to be set back 75 feet from that east-west right-of-way and then would then proceed another 120 feet to the end of the court. That is a total of 195 feet, and so we just rough measured. As I said, I didn't do a bona fide survey, but we did measure with a tape the 195 feet and found ourselves up in the yard on the north side of the driveway, which is not indicated on the survey that I have in front of me that was --I don't know if this is updated survey or not, but there was a survey done for Mr. and Mrs. Ford just indicating the house and the setback, et cetera. It really doesn't indicate on that survey where the driveway is and the grass. However, our measurement indicated that we would ZBA HEARINGS 11/8/93 19 be north of the driveway pretty close up to the house, maybe 20, 30 feet north the house, which seems to bear out with this dimension indicated on this survey of roughly 218 feet --if you take your 75 and your 120, your 195 and 218 --that puts you 25 feet or so off the house. It puts you right into the driveway and grass. I find it hard to believe that was in the intention of the owner, so either there is an error in the sketch that was given to Mr. Brady or somebody has a serious mistake here. Looking at the grades again --We did not do a topographic survey, but just by eye it is very obvious, and I understand from listening to you gentlemen that the Board has been out there, some of you at least. It was pretty obvious to me that there is probably a slx or eight or even greater difference in elevation from the north to the south, and quite substantial change of grade east-to-west also. My suggestion to Mr. Brady was, I don't see how anybody can really make an intelligent 'decision on this without a bona fide topographic map indicating the contours as they exist now and what they are going to look like after the structure is constructed. He is (brief phrase inaudible due to signal ending tape) ancillary structures such as retaining walls, drainage, fences. Now -ri am not a tennis player myself; however, ~every tennis court I have Seen-- I have never ~een one with Just a ten-foot fence. Most of them are 14, 16, 18 feet. Maybe I am off base on that, but I think it is something that perhaps should be investigated because I know if ZBA HEARINGS 11/8/93. 20 I was playing tennis, a ten-foot-high fence would never keep my balls in the court. I know that. So if we are talking about retaining walls and then fences on top of the retaining walls, and the possibility of lighting even in the future, from what I hear tonight-- we are going to have structures soaring up into the air, and I really don't see again how anybody can evaluate it without something to go on other than a pencil. All they show is a pencil sketch provided to Mr. Brady by someone. Also, the matter of trees. I am pretty sure if you look, according to this survey the width is 150 feet, and you are taking up almost the entire length there-- 120-foot court is going in there. I think you are going to find out, from what I can see, that there are going to be many, many --Many trees are going to have to be destroyed. There is just no possible way you are going to build that tennis court with those trees there. Also, the matter of construction was touched on tonight --how it is going to do. Are you going to excavate it all on the high end, or are you going to excavate part of it and fill part of it on the low end? I think all these questions -- without a drawing, I as an Engineer cannot give you an intelligent decision on this thing. I couldn't give you an intelligent decision on how the drainage pattern is going to be after the construction. I couldn't give you an intelligent decision on how it is going to look. I couldn't give you an intelligent decision on Just how many trees will in fact be ZBA HEARINGS 11/8/93 21 destroyed; how many others with overhanging limbs are going to have to be either pruned severely back or also taken down. I myself couldn't make those decisions on the information presented here, so on behalf of Mr. Brady, I think in all due -~course, I don't believe --I think it is just common sense to believe that construction of the tennis court is not of such a momentous urgency that time could not be taken to commission a bona fide topographic survey of existing conditions and also a drawing showing what it BOARD CLERK: tape. MR. GUILDI: is going to look like after the fact. Excuse me. We have to just change the Thank you very much. THE CHAIRMAN: Thank you. MR. BRADY: I would like to introduce Mr. Robert E. Kennelly of Southampton. He is a house mover by profession. He has moved houses out of the gaping jaws of the ocean, over dunes, and under and around, and he has set up foundations, and he knows all about grading, and he has had a lot of experience doing that for over forty years. Here is his card which I'll give to you. THE CHAIRMAN: I know his credentials, sir. MR. BRADY: You know his credentials. Good to have good credentials. MR. KENNELLY: Gentlemen of the Board and Lady: My name is Bob Kennelly. I am a general contractor and house ZBA HEARINGS 11/8/93 22 mover. years. water. I have been friendly with the Bradys for a good many I am familiar with their property, by both land and I am familiar with the piece of property next door. agree with Mr. Guildi that a topo map is necessary. I also judge by eye --and I didn't use the instrument. I had one out there today, but I didn't feel as though it was necessary to take all those shots. To my educated eye, I would say there is probably at least six to eight feet elevation from the right-of-way on the south to the south end of the house up there. There is also from east-to-west a swale in there that measures at lea~t four feet probably. Now I didn't stake it out where the proposed tennis court was supposed to be; but I know one thing: When you open up a piece of land as large as a tennis court encompasses, there isn't anything that is going to be saved. If you are going to backfill, you are going to take the sand and the marl or whatever you have up there on the land and bring it back towards the right-of-way, any trees that are in the way there --the only way you are going to save them --and that is going to kill them-- is to put a retainer around these trees. Any ones that are left, on the extreme outside of the tennis court, which would be the west side, and the east side --my estimation that piece of property would be denuded. There are virgin timber on that land, been there for many, many years, as Mrs. Brady has said, some of them seventy probably 100 feet high, some of them, hardwood trees; and we need our trees here. ZBA HEARINGS 11/8/93 23 For anybody to come in --and most areas have stringent laws about cutting trees today, and I am sure Southold has a lot at stake here being probably the oldest township --next to Southampton, that is-- ~'(Interrupted by laughter). MR. KENNELLY (continuing): You have the heritage here, I realize that. I appreciate what the people do in Southold to maintain the area they have today. We do the same thing in Southampton. I have done a little part over here, you guys know, with the historic society over a period of years. They don't just go and desecrate. Some people say, "Why did they take that brick icehouse and move it two miles, when they could have taken it down?" Well, you people think about those things. You want to maintain some of your heritage. It is here, and I am happy to say I have had a little to do with it. Thank you very much. THE CHAIRMAN: Thank you, sir. Yes, Mrs. Brady? MRS. BRADY: I would like to point something out that was mentioned before, that the property to the west, not to the east, it happens to be to the west, that our front yard consisted of three acres of land, as opposed to 200 feet on the Psyllos property, and our front yard in front of the barn, our front yard is still 150 feet deep. It is almost as deep as theirs is and didn't encompass percentsgewise very much of the area, that is our front yard. ZBA HEARINGS 11/8/93 24 THE CHAIRMAN: Thank you. Mrs. Brady, is there anything else you would like to say? MR. BRADY: I just was going to say that we placed this barn on open air where we didn't have to destroy any trees. We did have to raise the grade at the south end where we brought in fill and then humus and soil, and then of course we landscaped all around it so that it sets into the setting without disturbing anything. In fact, it is a thing of beauty. THE CHAIRMAN: Thank you, thank you very much. Mr. Bruer? MR. BRUER: Mr. Chairman, you can all appreciate Mr. Kennelly coming over here. It was an act of friendship for Mr. Brady. I am sure he has the concerns that he expressed. With respect to the properties here, I believe the Board has been out there; and hopefully you saw that the tennis court area has been staked, was staked Saturday morning when I'think the Board was coming out. And I believe it fits in with the property. Where Mr. Guildi came up with his figures, I really don't know. The map as shown, and it is part o'f your file, indicates that the tennis court can be placed 75 feet back and 60 feet wide and be 15 feet between the property line of Mr. Brady. It is 150 feet by 75, 60 feet wide for the tennis court and there is another 15 feet. I don't know where he gets his figures of 120 or 75. They just don't m~ke sense looking at the map. The only thing I ZBA HEARINGS 11/8/93 25 can think of, is he saw a map that wasn't to scale and they measured it off. THE CHAIRMAN: First of all, let me -- just so I am correct because I have Mr. Corazzini here and, you know-- The normal tennis court, inside of the court, okay, is 39 by 78, all right. Now we have the outside zone areas which I refer to as zones, you can refer to them whatever you want, okay. So the actual width of the tennis court is going to be 39 up to 60, that is the outside boundaries of the, okay. The 78, okay, is the length of it or the depth of it depending on where you are standing, okay. How do we get to 120 from 78? MR. CORAZZINI:. That is just your standard size of your boundaries, your non-playing area. THE CHAIRMAN: Non-playing areas. MR. CORAZZINI: We don't have to work with 60 feet or 120 feet. We can work with 55, 115. I mean, I don't think that is going to help here, but you could work with smaller boundaries if you had to. But they are well within their 75 feet of staying away from the right-of-way like they have to be. I measured it with a tape, and I put the stakes in myself, and I know there is adequate room. I don't know how that was measured the way he was standing on the driveway. I can't understand that at all because, you know, I started from the property'~arker just as h9 did, measured up 75 f~et and then started again and went up to 120. Whether there is a mistake in ZBA HEARINGS 11/8/93 26 the survey, that could be true. You'd have to go out and physically measure it to be sure. The only thing I would like to say is that it was stated that the court is 8-foot in difference in elevation; and I believe I stated it was probably 4 or 5 feet that I'd have to excavate, which means excavate, I'd take 4 feet off the higher end and put at the low end, so I agree it is probably about 8 feet in elevation change from where you 'are going to start the court to where the court is going to finish. THE CHAIRMAN: Okay. Thank you. MR. BRUER: I'd just like to address the issue Mr. Brady raised about the covenants. I mean just from his statement alone he has indicated that he purchased this property well before any covenants were put on this property or even subdivided. All kinds of "ifs" could be thrown out here, you know-- If it was subdivided differently, we wouldn't have a problem. We would probably have a tennis court in the backyard here without any question at all other than the fence. I don't see how Mr. Brady's property is hurt. He has got, as I said, a 6-foot fence running the whole length of his property right up to his front yard, which is probably a violation of the Town Code anyway, in terms of front-yard fence. He did ask for and did obtain a variance with respect to tho structure that he actually put there. Mr. Ford (phonetic), Lhe prior owner here, again had no problems with that. Beauty is-in the eye of the ZBA HEARINGS 11/8/93 27 beholder. It is an adequate looking barn, but I don't think it is a work of beauty. I think the tennis court properly laid out, with the landscaping that is going to be put in there, will not be an eyesore. As a matter of fact, for the record, the developer has indicated that. And other than --I assume that there is nobody else here in opposition-- just Mr. Brady, one neighbor, that is opposed to this. The other neighbor has indicated he consented and nobody else from the neighborhood from what I can gather is objecting to it. MRS. BRADY: I am another person. MR. BRUER: Mr. and Mrs. Brady, excuse me. MRS. BRADY: Thank you. THE CHAIRMAN: Mr. Bruer, I just want to say one thing. As you know, and having been before this Board for many years, and myself being on the Board for ~any years, we of course always like to see that there is some sort of amiable solution to every particular situation, all right. The only question I have at this point, apart from the topographical survey, which may or may not show us exactly what we want-- Is there any particular reason why the Psylloses decided to go 75 feet from the north-south right-of-way? MR. BRUER: I believe it fits Mrs. Psyllos would rather have it be 60 MR. PSYLLOS: I would prefer it to be not his fence. We would like to go in more, so if that in there. I believe feet from the front yard. too close to is within ZBA HEARINGS 11/8/93 28 a half. Flushing. your ability to do so, we would prefer that. We didn't come out here from the city to start trouble. I've got a bunch of active kids, and I've got to keep them occupied. We are not interested in disrupting Mr. Brady or Mrs. Brady in their afternoon sleep or whatever it is. We want to keep everything status quo. THE CHAIRMAN: I understand. MR. PSYLLOS: We intend to move out here in a year and I have got a two-year requirement to sell my house in I am going to locate myself out here permanently. MRS. BRADY: Would you mind telling me how old your kids are? THE CHAIRMAN: Whoa, wait a minute, Mrs. Brady. Just a second. It really doesn't have anything to do with the case here. i am at a real conflict here and it really gets to the point where we have to discuss the semantics of the case, and we have done that at the last hearing. They are requesting a topographical survey indicating the approximate placement of this particular court, right, and we are in the position not to force you to get that; but it certainly would enhance the situation if you would consider doing that. MR. PSYLLOS: I request that Mr. Brady come and visit my property and see where the stakeout is, and I will walk him through the property and say which trees will be saved and which not be saved. Th~ only thing he can say to me is several, years ago I was offered 3.2 million dollars for my property, and now I ZBA HEARINGS 11/8/93 29 am not getting that kind of money, and I think he was a little disgruntled by it. And I tried to tell him that a tennis court would definitely not devalue your property. I bought the piece of property with the intention of building a tennis court. I was advised by the Department of Buildings before I went to contract that I could build it. My contractor said the same thing up to the last minute. If I cannot build a tennis court and keep my family occupied, I may have to sell that property. I want to get along well with them. I don't think it will hurt them. The neighbors to the right have a tennis court. He has placed a fence on my side. He has a barn that I look out the kitchen, that doesn't exactly look very appealing, but he is my neighbor and I want to get along well with him. I am not interested in fighting with him. Live and let live, just like the Fords gave him approval to put that barn outside their window. Let's reciprocate, that's all I am saying. MRS. BRADY: May I correct -- THE CHAIRMAN: Mr. Bruer is still up. We will be with you in one second, Mrs. Brady. Yes, Mr. Bruer. MR. BRUER: I am finished. THE CHAIRMAN: Okay, Mrs. Brady. MRS. BRADY: It just so happens that my barn was built before the Ford house went up, so there was no problem there whatsoever. MR. BRADY: There was a variance is '86 gotten on it. ZBA HEARINGS 11/8/93 30 built. THE CHAIRMAN: I don't know when the Ford house was MRS. BRADY: And I must say that originally the Ford house was to face the driveway; and after the house was built, and the two-car garage ended up on the second story of the house because of the error made in calculating the elevation, what we look at is a poured concrete foundation in our backyard with hoses and in the past four years mops hanging out there, and so forth, and I certainly would invite anyone to come and compare what we look at and what Mr. Psyllos looks at when it comes to a building. MR. BRUER: I submit, Mr. Goehringer, that the Bradys don't even see the Psylloses house from their house. Psyllos? THE CHAIRMAN: MEMBER WILTON: by 120-foot dimensions .area? MR. PSYLLOS: Yes, who would you like to ask? Mr. Whoever cares to answer. The 60-foot here, is this the total of the cleared Yes, no more than that. MEMBER WILTON: Nothing more would be cleared? MR. PSYLLOS: Nothing more than that. MR. CORAZZINI: I have to correct on that a little bit. Again, we said we wouldn't disturb as many trees and we are not going to go in there as they state with a bulldozer and knock everything down. We a£e going to clear an area Just big ZBA HEARINGS 11/8/93 31 enough to put that court in. We want to leave the buffer between the two pieces of property. We don't want to clear the whole lot as they state. MEMBER WILTON: The location that was selected would be set back --Does that minimize the number of trees that have to be removed? MR. CORAZZINI: Yes. MEMBER WILTON: That is why that area was selected? MR. CORAZZINI: Well, when you move further towards Psyllos' house and even further to the road, there are bigger trees. I think maybe because the lot has been there for so long that the smaller trees didn't have a chance to grow and the bigger ones grew around the edges because they can get the light but inside is a lot of bramble in the middle of the property. There is really not that much big stuff in the middle where the court is going to go. MEMBER WILTON: So that is why you selected that location? MR. CORAZZINI: Right. THE CHAIRMAN: Do you have any questions? Serge? Jim? Mr. Brady? MR. BRADY: I presume that you gentlemen did look at this site and check things out; and I think-that before you could make an inte3!igent and fair decision, you would ~eal!y have to see a pre-topo and you know pre-build before and after ZBA HEARINGS 11/8/93 32 topographical maps to see what you are really going to end up with, too, if it is in your judgment if you want to have this. But I don't think you should make a decision with all this verbatim in. If he can afford to build a tennis court, he can afford to build it so that everyone knows what is happening. I think that is the only fair thing to do. THE CHAIRMAN: Thank you. Any further questions? Anyone? MRS. BRADY: Oh, yes, I have one question. May I? There was some mention of lighting at night. I was reading the zoning of. Southold Town, and tennis courts are not permitted to have lighting at night, is that correct? THE CHAIRMAN: We have granted lighting on some courts. MRS. BRADY: You do grant lighting on some courts? THE CHAIRMAN: We have. MRS. BRADY: Is that a variance, or does it go automatically with it? THE CHAIRMAN: No, a variance. MRS. BRADY: Another variance. MR. BRUER: Mr. Psyllos says he does not intend to have lights, so I was in error when I spoke of those. If it is essential for the Board to have a topo map, we would go to the expense of Droviding it; but I think to do so, to create that map, the way the local surveyors work around here, we are talking six, eight weeks and I don't think it is necessary. I ZBA HEARINGS 11/8/93 33 think from observing the property that it is really not needed. If the Board asks for it, we will give it to you; but we don't particularly want to have to do this. THE CHAIRMAN: The only thing I would like to see, and there is no way in myquestioning the contractor on this, but it would certainly give us an idea of the amount of trees that had to be removed and if there is more of a favorable location in reference to better isolation from the Bradys, 10~foot or 15-foot difference between the 75 and the 60 I am referring to now, from the north-south right-of-way, and it certainly would enhance the situation. I am not trying in any way to prolong this thing. We are going into the winter. No question about it. I have no idea how busy these surveyors are; but I would say it would certainly enhance the situation. There is no doubt in my mind that we are dealing with two gentlemen here; Mr. and Mrs. Psyllos to agree to that I think is a very, very nice gesture to be honest with you at this point. MR. BRUER: We will get it. THE CHAIRMAN: Mr. Brady? MR. BRADY: We are really not clear, Mr. Chairman, with all the chitchat back and forth, which way this tennis court is going to run -- north-and-south or east-and-west? THE CHAIRMAN: I am talking about the actual setback, Mr. B~ady, from the north-south right-of-way which basically ~isects the two acre-and-a-half lots, okay? The one, of course, ZBA HEARINGS 11/8/93 34 which is adjacent to you. But if we can move can'move the court 10 feet more to the east, it you that much more isolation on your property. "isolation," I am referring to view. 10 feet more or we is going to give When I say MR. BRADY: Three-foot width you are referring to now. Length north-and-south is 120 plus all the area around this has to be recontoured to control and drain and keep water out of the tennis court, and so forth. THE CHAIRMAN: Let's see how the topo comes up; we will go back. MR. BRADY: I think you should have it before you make a decision, to be fair. THE CHAIRMAN: Right, okay. Any other questions from anyone? So what we will do is, we will make a motion recessing the hearing to the next regularly scheduled meeting, if you are able to get the topo by that time. If not, send us a letter and we will have it in January, that's all. We need the letter --Was it verbally from Mr. Sledjeski or did he sign some sort ~of-- MR. BRUER: I believe my secretary dropped a copy of it to you. BOARD CLERK: I have the covenants, but-- MR. BRUER: That is my original. mOARD CLERK: Then do you want to mail me one? ZBA HEARINGS 11/8/93 35 MR. BRUER: record lt. BOARD CLERK: THE CHAIRMAN: good on the machine. THE CHAIRMAN: Yes, because I probably need this one to Then mail me a copy then, or drop it off. Can Jim make a copy for us? He is so Thank you. I made the motion recessing the hearing to the next regularly scheduled meeting. Ail those in favor? (Seconded and carried; see Clerk's Minutes.) THE CHAIRMAN: Thank you all for coming in. We will see you next month. Do we have a specific date? BOARD CLERK: It will be December 8th. THE CHAIRMAN: It will be December 8th. Thank you very much. Nice seeing you again, sir. ZONING BOARD OF APPEALS TOWN OF SOUTHOLD 11971 ATT. GERARD P. GOEHRINGER, CHAIRMAN THE APPLICATION BY MR. AND MRS. PSYLLOS FOR A VARIENCE TO THE FRONT YARD ADJACENT TO OURS FOR THE PURPOSE OF INSTALLING AN INTRUSIVE TENNIS COURT IS DIRECTLY CONTRARY TO THE ESTABLISHED ORDER FOR FRONT YARD STANDARDS AND ZONING. THIS AREA IS ONE OF THE MOST UNIQUE, DESIRABLE AND PICTURESQUE LOCATIONS ON THE NORTH FORK. WE ALL KNOW THAT THESE CHARACTERISTICS ARE SUPREMELY COVETED IN THE REAL ESTATE MARKET. A FACT IN POINT, MR. FORD WHO SOLD HIS PARCEL TO MR. AND MRS. PSYLLOS MADE POINTED REFERENCE IN HIS NEWSPAPER ADVERTISEMENT TO SELL THE PREMISES THAT "A SCENIC PARKLIKE VIEW" WAS PART OF THE HIGHLY DESIRABLE ASPECT SINCE OUR GROUNDS ARE THE OBVIOUS TARGET OF THIS INDUCEMENT, IT ALSO SHOULD SEEM PERSUASIVE THAT IT IS TO THE INTEREST OF THE AREA THAT THE SPIRIT AND STANDARD WHICH WE ADHERE TO BE SUPPORTED RATHER THAN THWARTED. THIS PROPOSED TENNIS COURT PRESENTS DISTRESSING PROBLEMS. ALTHO A 120 ft. X 60 ft. AREA IS PROJECTED AS THE BOUNDARY OF THE COURT IT OMMITS THE PERIPHERAL AREA TO BE CLEARED. THE COMBINED AREAS WOULD CONSTITUTE A DENUDING OF A FOREST STAND. THERE IS NOT EN~ OUGH SPACE HERE TO PRESENT A HARMONIOUS AND COMPATABLE RELATION~ SHIP WITH THE TERRAIN. THE DESTRUCTION ~F A STAND OF TREES REACH- ING A SEVENTY FOOT HEIGHT WOULD BE INEVITABLE IF THIS PROJECT IS PERMITTED. PAGE ONE CON'T. )N A MORE COMPLICATED LEVEL IS THE FACT THAT THE PROPOSED SLAB OF ASPHALT IS BEING CONVOLUTED TO REPOSE ON THE SIDE OF A HILL. THE TERRAIN OFFERS NO FLAT LAND ORDINARILY CONSIDERED FOR A TENNIS COURT. A BULLDOZER WOULD BE REQUIRED TO EXCAVATE A MASSIVE AMOUNT OF LAND SINCE THERE IS A SUBSTANTIAL CHANGE IN ELEVATION TO THE DEGREE OF EIGHT FEET AND MORE FROM END TO END. THIS WOULD DEVALUE OUR PROPERTY AND SUBJECT US TO AN EYE SORE AT THE EN- TRANCE TO OUR PROPERTY, ALONG THE RIG~OF WAY AND FROM OUR YARD. IN ADDITION, THERE IS A STRONG PRDBABILITY THAT A BERM OF SUB- STANTIAL SIZE AND HEIGHT WOULD BE UTILIZED AS PART OF THE CON- VOLUTED SCHEME TO FIT THIS ROUND PEG IN A SQUARE HOLE. IF THE TEN FT. CHAIN LINK FENCE IS ADDED , IT MAY WELL BE THRUST OVER A BERM TO PRESENT A GROTESQUE SPECTALE. AT THE VERY LEAST, AN AUTHORIZED PROFESSIONAL TOPOGRAPHER SHOULD BE RETAINED TO MAKE A DETERMINATION PRESENTED ON A TOPOGRAPHICAL MAP TO ILLUSTRATE FOR ANALYSIS THE EXTENT AND DEPTH THAT~THIS PROJECT WOULD BE SUBJECTED. IT WOULD THEN FOLLOW THAT A FE~S- ABILITY ANALYSIS COULD BE MADE AS TO WHAT EFFECT THE LAND CON- TOURS LIKELY WOULD HAVE TOWARD THE ADJACENT TERRAIN. A CLEAR PROSPECTUS IS ESSENTIAL TO DETERMINE WHAT E×ACT£Y IS GOING TO BE T~E CONSEQUENCES IN THIS SENSITIVE AREA. THERE IS NO EVIDENCE THAT THE STATUS-QUO OF THE PSYLLOS PROP- ERTY PRESENTS THEM WITH A HARSHIP TO COMPELL THEM TO SEEK RE- LIEF THROUGH A VARIENCE OF ZONING. THIS VARIENCE WOULD DISRUPT AND PUT DISTRESS UPON THE NATURAL BALANCE WHICH EXISTS HERE AND UPSET AN ORDERLY ZONING NOW IN EFFECT. ~AGE TWO CON'T. I THEREFORE SUBMIT THAT WITH ALL THINGS CONSIDERED, THIS APP- LICATION FOR A VARIENCE TO PERMIT THE CONSTRUCTION OF A TENNIS COURT IN THE FRONT YARD OF MR. AND MRS. PSYLLOS BE DENIED. SIGNED~ MARY SAVAGE BRADY 3500 PRIVATE RD. #13 MATTITUCK, N. Y. 11952 PAGE THREE ATT: G.F. GOEHRINGER, CH~N. Re: Southold Town Hall Southold, N.Y. 11971 GENTLEMEN: November 3, 1993 VARIANCE APPLICATION by Peter'Psyllos for Tennis Court Hearing 1i/8/93 7:~0PM LAST WEEK WE RECEIVED A NOTICE IN THE MAIL FROM A RICHARD CORAZZINI, ASPHALT CONTRACTOR, ON BEHALF OF PETER PSYLLOS, OUR NEW Summertime NEIGHBOR ON THE EASTSIDE OP OUR PRONT YARD. ENCLOSED WAS A MINIATURE COPY OF A SURVEY FOR THE SUBJECT PROPERTY WITH A ROUGH SKETCH ON THE SURVEY, SHOWING THE PROPOSED LOCATION OF THE TENNIS COURT WITH BOUNDARY CLEARANCES. SOMEONE NOTIFIED MR.P$ND SUGGESTED THAT HE CALL ME TO RESOLVE OUR DIFFERENCES. HE DID PHONE ME LAST WEEK AFTER HE WAS NOTIPIED. HE TOLD ME ON THE PHONE THAT HE WAS ALREADY IN CONTraCT WITH CORAZZINI, rOE CONSTRUCTION OF THE COURT THEREFORE, HE HAD TO DO THE JOB. I HAVE NEVER MET MR. PSYL. SO DID NOT KNOW OF HIS PLANS. HE CONTACTED ME AFTER THE FACT. HE TOLD ME THAT HE WAS A LICENSED REAL ESTATE BROKER AND A CERTIFIED PUBLIC ACCOUNTANT. HE SAID HE CLOSED ON THE PROPERTY IN EARLY JULY 93, AND IN EARLY SEPTEMBER HE STARTED SHOPPING FOR A TENNIS COURT CONTRACTOR. I EXPRESSED SURPRISE, THAT A MAN WITH HIS REAL ESTATE BACKGROUND, DID NOT INCLUDE THE VARIENCE APPROVAL IN HIS PURCHASE CONTRACT AND NOT CLOSE ON THE PROPEHTY WiTHOUT i 'f~ '~u nma~ul~ ~'~n NH. PSYLLOo, NOT TO REMOV~ Fagc ~ THOOE MATUH~: TREES, A~4D NOT TO THY A~ ~uIL~ A TE[~lm ~'f. ON THE SIDE OF A MIL~. HE WAS UNCONCEP~NED, SO I ASKED HIM, HAD HE EVER PLANTED A TREE, HE SAID NO, I AM A CITY PERSON FROM PLUSHING, N.Y. I ALSO SUGGESTED THAT HE AND HIS GROWN SONS, COULD PLAY TENNIS ON THE COURTS BY THEIR GREEK CHURCH ON BREAK- WATER ROAD, A 5 MINUTE WALK FROM %HEIR HOME, OR ON THE MATTITUCK HIGH SCHOOL PUBLIC COURTS. HE COULD NOT BE APPF~SED ALTHOUGH, THIS IS ONLY HIS SUMMER WEEKEND ACTIVITY. IN REGARD TO %'HE SURVEY AND SKETCH SHOWING LOCATION O~ PROPOSED~' COURT, THAT WAS SUBMITTED TO US, I DETECTED A DECEPTIVE 6~:iS'i'CH AND SET BACK DIMENSIONS. TO CONFIRM THIS I HIRED A CIVIL ENGINEER, JOHN GULDI [,CE., 197 SHORE ROAD SOUTHAMPTON, N.Y. 11968, PHON~ 283-3363. WHO WAS IN THE EMPLOY OF THE COUNTY OF SUFFOLK POR 30 YEARS AS AN ENGINEER ON THE SHINNECOK CANAL LOCKS AND THE SOUTHWEST SEWER JOB. HE CHECKED THE MEASUREMENTS AND FOUND THAT THE75ft. SETBACK PROM THE EAST-WEST R.O.W.. PLUS THE 120 ft. COURT L~NGTH WOULD PLACE THE NORTH END OF THE COURT UP AGAINST THE HOUSe, WHICH WOULD F~LOCK THEIR GARAGE DOOR OPENING THE =NGIN~ER ESTIMATED THE CHANGE OF ELEVATION FROM THE NORTH END OF THE COURT %0 THE SOUTH END O~7' to 8'AND A 4' to 5' CHANGE OP ELEVATION SIDE TO SIDE (~ZAST TO ~'EST) TO LmV~L TitE COURT WOULD .~QUI~{E AN EXCAVATION AT' THE NORTH Page 3 END 8ft. ~J.~P AND ABOUT 70'ft. ~IDE TAPEHING OPP TO THE SOUTid .H~ RETAINING WALLS ~:OULD HAVE TO BE BUILT ACROSS THE END.. ,r~ ~ ~' ~ END '~ ~H~ NORTH OP %H~ COURT 8ft. HIGH A?fD TAPERING OP~ POR 120ft. ALONG BOTH SIDES TO THE SOUTH END. THE ENTIRE LOT WOULD ~VE TO PE STRIPPED O[ ALL THOSE B~UTIFUL 'IREES TO ACCOMODA%~ THIS PROJECT. ~ROM A P~C%ICAL AND ECOLOGICAL STAND POINT THIS PROJECT IS NOT i'EASIBLE: 1. PLOT IS COhPLETELY UNSUITED ~OR TENNIS COURT DUE TO TOPOG.~PHY AND DENSE GROWTH 0t' MATURE T~{EES ~HIC~ ~,~OULD ~VE TO BE D~SqROYED. 2. LOSS OF TREES AND ASPHALT PAVING ~OULD GH~TLY INCENSE WATER RUN-O[F TO Bi.DY PROPERTY AND ~ST-WEST ROAD, IT IS PRESENTLY A PROBLEM, BECAUSE PSYLLOS' PRIVATE ROAD DO~S NOT ~VE ANY CATCH BASINS OR DHYWELLS TO ~LT RUN'OFF AND IN ADDITION THEIR HOUSE(ABOUT 5000sq.ft.) ROOP DOES NOT H~V= GUTTERS, L~DERS OR DRYWELL~. 3. WILL VIO~TE "PRONT YARD" STATUS & PROPERTY COVENANTS. 4. WILL CH~GE C~f~CTER OF AR~ PROM WOODED GLEN TO SCHOOL P~YGROUND ,WITH NOISE. 5. WILL SERIOUSLY DEPRESS OUR PROPERTY VALUE AND BE AN EYESORE 365 DAYS A Y~R. ZONING BOARD 6. Page 4 WE ~VE SPENT 27 YEARS IMPROVING THIS PROPERTY AND MRS. BRADY HAS PI~TED OVER A THOUSAND TREES AND SHRUBS PLUS SEEDLINGS ON THE BLUFF TO STOP EROSION. WE HAVE CREATED A PARK-LIKE ARBORETUM FOR OUR NEIGHBORS OURSELVES TO ENJOY. 7. THE ENCLOSED COVENANTS APPLYING TO PSYLLOS PROPERTY EXPRESS CLEARLY THAT TENNIS COURTS ARE NOT PERMITTED. IT ALSO PHOHIBITS CUTTING DOWN TREES AFTER THE HOUSE LOCATION HAS BEm~ ESTABLISHED. 8. WE t~VE MADE ADDITIONAL INVESTMENTS(.~150,000.)IN OUR PROPERTY, BASED ON THE SECURITY AFFORDED BY THESE COVENANTS ESTABLISHED IN 1974. OUR PRESENT TAXES ARE 312,000. AND IN DEC. 93, THEY WILL BE OVER ~12500. WE ARE PAYING DEARLY TO MAINTAIN THIS BEAUTIFUL ESTATE FOR EVERYONE'S ENJOYM~T.. WE SEE NO REASON FOR THE TOWN OP SOUTHOLD TO EXERCISE 'EMINENT DOMAIN' IN qHIS CASE. THERFORE, WE BEG YOU TO WEIGH YOUR DECISION AND DEN¥~TRIS APPLICATION FOR A VARIANCE. pu,~ t~ -' ~Y ENCL. 7. PROPERTY SURVEY & SKETCH PROVIDED BY CORAZZINI DEED COVENANTS,LIBER 7637, PAGES 121-126, DATED 3/14/74, AUTHENICATED BY THE COUNTY CLERK, 11/3/93 ~-~-- ---~R~'AL IS AFFIXED AND APPLIES TO PSYLLOS' CERTIFIED MAIL #P)71-108-799 RET. REC. REQ. DUCLA~rP~ON OP COVENAN~.~ AND RF,~?R[C~IO~I$ this lqth dny of ~arch, 197q0 b~ ~1~t~ OWNER* STANLEY StEDJESK! RU~H ROAD YOUNG & YOUNG uBDIVI$1(~I PLAN STANLEY SLEOJES~I ,OWN OW SOUTHOLD ;i .~ ~SUFFOLK CO., ~ ~llinqs, and in order t~, provido for she beneficial and 1. ,~o dw~l 1 in9 or structure ma}' be erected or ~=dified ~. No animals, livestock or poultry of any ~ind shslL !raised, br~d'or maintained on any lot, except for dcgs, eats, other household pets provided they are not raised, l,red itained for any co~rcial pur~se. No animals shall ~ ~the exterior of the praises, with the exception of d~* ~. ~e pre~lses shall not be used [or the ~nufaetu~ sale of ~tchandise or q~e of any kind, for any trade or ,whats~ver. or tot the display of any advertising et tsiqns. ~o ~,oxious or offensive activiti.s shall ~ catti~ ~u~n ,{ny lot, nor shall anything be done on the lot which ~y ~c~ an annoyance or nuisance to the neigh~rinq 10. No electric or telep~ne ~]es shall be al{~ ~ premises as all utility services for electric and telcp~ will be installed by ~ residential ~mderqround syst~, at the said map annexed hereto as Exhibit 'R" shall ~ e~preseiy 'for the installati {n and ~intenance oi utility lines ~oz ~elephono, and any other utility service to each lot Il. All ~ners o~ lots, their guests and invitees, are ~hereby 9rant~ an eas~ent for the put.se of ingress a~ ~,co~n with othors, at their ~n risk, over the 'riqhts-of~aY' ~8h~ll oq said map annexed hereto as Exhibit ' 12. Each ~nd every lot conveyed shall ~ sub~ect to an annual charge in an a~unt that will be fixed by the ~his successors and a:,li~ns, not, h~ever, exceeding in any ~the su~ of ~ent. y-five (S25.00) ~llars ~r lot. ~e ~er ~lot, himself, his heirs, successors and assigns, covenants he tpay this charqe to ~clarant, his successors and assigns, ~ 1st day o[ Janua~ in each and every year, and ~utther ~that said charge on said date in e~ch year ahnll bec~ a lien ~id land and shall continue to ~ such lien until fully ~Such charqe shall be pay~le to the grantors or their and ~ha]l be devoted to the maintenance et ~ne ~describ~. A party, by the ac~ept~n~ of a deed. hereby expresl vests ~, ~.e Declarant, his ~ucee~sors and asel~s, t~ tight l~er to brin,l ail actions against the ~ner o~ the pt~mile~ ~[,y conveyed or ,thy part thereof for the collation of ~uch ;~nors of the real pro~rty affected hereby is duly lncorporat~ ~lot ~ball ,~utomaticaliy ~come a ~m~ in such p~rty TJanuary 1, 2000, and may k~ enforced by any action for ~ot these covenan[s, tn whole or ~n part, wi~t conl~n~ o~ Jrestrictions and conditions by a Judgment or court o~der any of the other provfsionn which shall remain ~:STATE OF NEW YORK ) ) SSt On the 14th day of ~arch, 1974, before ially cam~ STANLEY SLEDJESK[, who resides at 2760 Ruth ~Oad, ~attituck0 N~v York, to ~ kn~n to b~ the individual d~scrl~ who ~xe~ted the foregoing i~stru~ent, and ackn~]~ -4- SIAIE OF NEW YOFIK I, El)WARD P, FlOMAINF_,Cle~kollheCounlyolSullolkal~dClerkoflhoSt~premeCoudoflheSlale of New Yo~k in and for s~ld Counl~ (~aid Coud beinQ a Coud ol Record) DO HEREBY CERi IFY Ihal I have coml)nred tho annexed copy of lho whole thereof. IN 'I ES1 IMONY WI IE[~EOF, I havo hereunto sot my hand and allixed Ihesoal ol said County and CotJrl Ibis Clerk., Form No. 104 DECLA~TION O~ COVE.HANTS AND I~ESTRXCTIONS by STANLEY SLEI~ESK! DATE. Dz ~a~ch X4, lg74. /> BOARD OF APPEALS, TOWN OF SOUTHOLD the Matt~.r or the Petition Rf to the Board of Appeals of the Town of Southold YOU ARE HEREBY GIVEN NOTICE: NOTICE TO ADJACENT PROPERTY OWNER 1. T~b,~L~-t~-'th~Tintention of the undersigned to petition the Bcard nf Appeals of the Town of Southold to request a (~ariance) (Special Exception) (Special Permit) (Othe:i [circLe choice] I. 2. That the pro,~erty which is the st~ec, t 9f the~etitio/n is Ioca. te_d a~d~,asent p your property and is des- cribed as follow,S: _-,~ "~ /~'~/~/-?~. /~?h/d /~/3/-~ .~,'~ ,,~-~ /,// 3. That th~/pqr_ope.rt~wh,~ch ~'the subject of such Petition is located in the following zoning district: 4 That b) ,such Retition, the undersi[ned will req. uest the following relief: 5. That the provisip~f the Southold Town Zoning Code applicable to the retief sought by the under- signed are Article ~ Sect/on ~--~ /~" ~ ~ / [ ] Secl:~on 280-A, New York Town Law for approva] of access over right(s)-of-way[ 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold 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 the relief sought may be granted, a public hearing must be held on the matter by the B6ard of Appeah~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 Traveler-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: ' [Copy of sketch or plan purp:ses.] showing proposal to be attached for convenience : : · ~dom ~ JOo~ OF Corn~l/o Go/,. ~ SURVEy FOR ~ JOHN '[. FORD ~q ARLENE 'C. FORD AT MATTITUCK 'IOU~N ~ $OUTIIOLD SUFFOL~ COUNTY, NEV/ YOHK ./YOUNG a YOUNG t£. ~. or APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOAR/) OF APPEALS TOWN OF SOUTHOLD October 26, 1993 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Dear Applicant: We are in receipt of your recent application, noted above. Copies have been distributed to the Board Members for reviews and viewing of the neighborhood, and the application has been calendared for a public hearing as confirmed in the attached Legal Notice. The Legal Notice will be advertised in the next publication of the town's official newspaper, The Long Island Traveler-Watchman, Inc. Please have someone appear in your behalf at the time advertised. The public hearing will not start before the time advertised, and additional time will be allotted if your presentation is lengthy. Documentation may also be added to the Town file concerning your application either before or during the public hearing date by you or others interested in your application. Please note that amendments for other relief are permitted only by separate application, if deemed necessary. The attached Legal Notice describes only the request being made in the application as filed. If you have any questions or wish to update your file prior to the hearing date, please feel free to call or stop by our office. Very truly yours, Clerk, Board of Appeals Enclosure NOTICE OF PUBLIC HEARINGS NOTICE IS 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, the Southold Town Hall 53095 Main Road, Southold ~!'New York 11971, on MON DAY, NOVEMBER 8, 1993 commencing.at the times speofied below '.~,~ , i~?.~ d. 7'.40 p.m:'Appl. No. ~q~ PETER pSYI~OS. Varianc~ 'to the Zoh]i~Ordinance, -tide III, Seetion 100-33 and Article XXIII. Section 100-231 for permission to locate pro- posed tennis court structure enclosed with ten-foot high fencing in the front yard area. Location of Property: 2867 Ruth Road, Mattituck, NY; County Tax-~. M.a,p 2. 7:45 p.m, ApPL No, 4200 - JOHN E. ANDRESON AND OTHERS, Request 1o amend Special Exception under Article III, Section 100-3lB(10) to ~nclude new large-animal ~wing (animal hospital) and other revisions as shown on the site plan map amended September 30, 1993, ~ The original Special F2,~ception i~f plan provided for a on~-story, i;,3,584 S/j: .,f~t:/5huild~.g ' ' for ~v~tennarY~:office and:. uses '"~:elated to ihe v~i/erin~arY'~lini; ~;'The new plan shows a total ~ floor area of 4,598 sq. ft: at . one-sto/y height. Loeation of · '.Property:' 1625 Main Road and Franklinville Road West, Laurel, NY; District 1000, Secr tion 127, Block 2, Lot 5.1. The i, area of this parcel is noncon- ~ forming at 59,984 sq. ft. in this R-80 Residential Zone District. 7:50 p.m. Appl. No. 4201 - FORK COUNTRY J chogue, b,3th at a height above four-feet when located4aiong or near the front i)ropert~ line. Location of Property: 25320 Main Road and Moore's Lane, Cutchogue, NY; County 'lhx Map District 1000, Section 109, Block 3, Lot 9, and Block 4, Lore 7.1. at said time and and all persons tatives desiring to be heard in the above matters. Written comments may also be sub- mitted prior to the conclusion of the subject hearing. Each need to request more informa- tion, please call 765-1809 or visit our office. ·.-~: ,.' · Dated: October 25 1993. : ~ ~, ~,~ BY ORDER OF THE SOUTHOLD TOWN ~.~i~':' BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN ~,;'(~i., :. By Linda Kowaiski .i ~-' :'.: '1X-10/28/93(11) COUNTY OF ~)LK STATEOF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of. Tile LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that ibc notice of which the annexed is a ~rinted copy, heal in saicl Long Island Traveler-Watchman for.., ..................... /. . . '~w..eeks , commencmg on the '~ ?'~' Sworn to before me this ............... day of .......... ..... Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC. State of fJew York No, 4806846 Qua,fled in Su(folk County C,ommission Expires APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD MEMORANDUM SCOTT L. HARP, S Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO: FROM: DATE: SUBJECT: Building Department Thomas J. Fisher, Department Head Linda Kowalski, Clerk, Board of Appeals October 26, 1993 Appeals Filed and Processed for Public Hearings to be held November 8, 1993 In accordance with the requirements of Town Law, please let this confirm that applications have been filed concerning Notices of Disapproval issued by your office, and that the attached Legal Notice confirms the time and specifics of each appeal hearing being held on November 8, 1993. Our files are available to you at any time should you.wish to comment or otherwise add information to the file. It is our understanding that you have waived copies of each file from our office. Should this policy change, please notify us. Thank you. Attachment Copies of the 12/8 Legal Notice to the following on 11/19: Susan Zach, Esq. (re: Oberlin) Mr. Salvatore Vindigni Mr. Robert T. Bayley (hand pick-up 11/19) Mr. John Sandgren (re: Crokos) J. Kevin McLaughlin, Esq. (re: Petrol Stations) Richard F. Lark, Esq. Rudolph H. Bruer, Esq. (re: Psyllos) Mr. and Mrs. Warren Brady Mr. Gary Fish Board Members L.I. Traveler - by mailed 11/18 Suffolk Times (courtesy copy 11/18 by mail) Newsday (courtesy copy 11/18) Town Clerk Bulletin Board posted 11/18/93 Individual Files - 11/19/93 NOTICE OF PUBLIC HEARINGS NOTIC~ IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold,' ~lat ~the following public hem:lags will be held by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall,/ 53095 Main Road, S~uthold, New York 11971, on · WEDNESDAY, DECEMBER 8, 1993, commencing at the times specified below: L 7'.32 p.m; Appl. No. 4202- ROBERT AND JAC- QUELYN OBERLIN. Variance to the Zoning Or- dinance, Article ILIA, Section 100-30A.4 (100-33) for ap- proval of an existing accessory utility storage shed which is located in the southerly front yard area. The subject premises is not a comer lot bu fronts along two streets. This property technically does not have an .established "rear yard" defined by the code, Location of Property: 805 Oak Avenue, Goose Bay Estates, Southold, N~ Coun- ty Tax District 1000, Sec- tion 77, Block 2, Lot 20.1. Th( subject premises is located in the R-40 Zone and contains an area of 19,~00+ square feet. 2. 7:35 p.m. Appl. No 4205- SALVATO RE VlNDIGNI. Variance to the Zoning Or- dinance, Article IliA, Section 100-30A.3 for permission to construct addition which will exceed the 20~/0 lot coverage limitation. Location of Pro- perry: 1440 Gillette Drive, East Marion, NY; County lhx Map District 1000, Section 38, Block 2, LOt 15; also referred to as LOt No. 19 on the Map of Marion Manor filed March 18, 1953 in the Suffolk Coun- ty Clerk's office, This proper- ty is located in the R-,10 Low-- Density Residential Zone i Dis:fict and has a total lot area of 10.000 sq. ft. 3. 7:40 p.m. Appl. No. 4203 ROBERT E. BIDWELL. Application for Special Excep-. tion under Article III, Section 100-31B-13 of the Zoning Or- dinauce, for approval of winery uses in existing' building and proposed ' building. The site plan shows that the property is situated along thc south side of C.R. 48, Cutchogoc, NY, is zoned A-C Agricultural- Conservation and is identified on the Suffolk County Tax Maps as District 1000, Section 96, Block 4, LOt 4;3. 4. 7:50 p.m. Appl. No. 4204- JOHN CROKOS. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4A(1) fgr permission to locate pool and related structures within 100 feet of the top of the bluff along the Long Island Sound. Location of Property~ 2110! Orandview Drive, Orient, NY; County Tax Map Parcel No.[ 1ooo-14-2-3.n. ~ [ ~. 8:00 p.m. Appl. No. 4195 - PETROL STATIONS LTD. (Carryover to continue hear- lng and/or updates). / 6. 8.~0 p.m. Appl. No. 4199- PETER PSYLLOS; (Car-[ ryover to continue hearingI and/or updates). 7. 8.'05 p.m. Appl. No. 420~_ - GARY AND CAROL FISH. Specini Exception as provided by Article IliA, Section 100-30A.2B for permission to establish Accessory Apart- meat use in conjunction with owner's residency in this ex- isting principal building! presently occupied as a dwell- ing with garage, Location of! Property: 955 Deep Hole Drive, Mattituck, NY; Coun- ty Tax Map Parcel No. 1000, Section 115, Block 13, Lot 9. This property contains a lot area of approximately 15,000 sq. ft. and is located in the R-40 Residential Zone District. The Board of Appeals will at said time and place hear any and all persons or .represen- tatives desiring to be heard in the above matters. Written[ comments may also be sub- mitted 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 informa- tion, please call 765-1809 or visit our offi~ Dated: November 17, 1993 BY ORDER OF THE SOUTHOLD TOWN ~ BOARD OF APPEALS GERARD P. GOEHRINGER ' "~' ' By: +~inda Kowalski COUNTY OF SUFFOLK .VI'ATE OF NEW YORK Patricia Wood,' being duly sworn, says that she is the Editor, or' THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; ,~nd that the notice of which the annexed is a printed copy. has hcen published in said Long Island Travelc, r-Watchmal~ once each week for / weeks .... Sworn lO before me this ..................... clay oF ...... .... Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, State of New York No. 4806346 Qualified in Suffolk County Commission Expires ee/3t/gy APPEALS BOARD MEMBERS Gerard P. Goehrineer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa RiCh~rd C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTr L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Appeal No. 4199 Project/Applicants: County Tax Map No. Location of Project: TYPE II S.E.Q.R.A. ACTION DECLARATION October 25, 1993 Peter & Elaine Psyllos 1000- ~06-1-1.11 2867 Ruth Road, Mattituck, NY Relief Requested/Jurisdiction Before This Board in this Project: Construct tennis court with 10' fence in front yard area 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 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: SOUTHOLD TOWN ZONING BOARD OF APPEALS FROM: JUDITH T. TERRY, SOUTHOLD TOWN CLERK RE: ZONING APPEAL NO. ~,199 DATE: OCTOBER 22. 1993 Transmitted is application for variance submitted by CORAZZINI ASPHALT on behalf of PETER PSYLLOS together with notification to adjacent property owners; short environmental assessment form; Zoning Board of Appeals Questionnaire form; Notice of Disapproval from the Building Department; Southold Town Clerk of u~m, an~ an environmental review will be mqade by submission before any actiom is taken, this board SHORT ENVIRONMENTAL ASSESSMENT I_NSTRUCTIONS: (a) In order ko answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the project is not significant. (d) Environmental Assessmen~ 1. Will project result in a large physical change to the project site or physically'alter more ~5N than 10 acres of land? Yes: NO ~ 2. Will there be a major change to any unique or u~ual land form on the site? Yes o 3. Will project alter or have a large effect on an.existing body of water? 4. Will project have a potentially large impact on groundwater quality? _~Yes~No 5. Will project significantly effect drainage flow on adjacent sites? - Yes NO 6. Will project affect any threatened or endangered plant or animal species? Yes NO 7. Will project result in a major adverse effect on Yes alt quality? o 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas ~N . known to be important to the community? Yes o 9. Will project adversely impact any site or struct-' ute of historic, pre-historic, or paleontological importance or any site designated as a critical envircamental area by a localagency? .. Yes ~No 10. Will project have a m~jor effect on existing or future recreational opportunities? . Yes ~No 11. Will project result in major traffic problems or cause a major effect to existing transportation - ' systems? Yes ~ANo 12. Will project regularly cause objectionable odors, noise, glare, vibration., or electrical disturb- ance as a result of.the project's operation? ~Yes o 13. Will project have any impact on public health or safety? ___Yes ~No 14. Will project affect the existing community by directly causing a growth in permanent popula- tion of more than $ percent over a one-year ~Yes ~ period or have a major negative effect on the charact~ of the community or neighborhood? 15. ' Is there P~i~controversy~concerning the PROJECT I.D. NUMBER 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I~PROJECT INFORMATION (To be completed by Applicant or Protect sponsor) 1. APPLICANT/SPONSOR I 2. PROJECT NAME 3. PROJECT LOCATION: SEQR ~--1 New [] Exoansfon [] Modification/alteration DESCRIBE PI~OJECT BRIEFLY: 8. W)LL PROPOSED ACT;ON'COMPLY WITH ~XISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] No If NO, Pescride driefly 9. WHAT tS PRESENT LAND USE IN VICINITY OF PROJECT? [] Residential [] Industrial [] Commercial Describe: i'--~Par~ForesUOgen space 10. DOES ACTION INVOLVE A PERMIT APPROVAl OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAl STATE OR LOCAL)? 11. DOES ANY A. SPECT OF THE ACTt,;~,I HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes ~ N~ I1 ye:. iisl agency name and dermltlapgrova/ 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? [] Yes [] No I CERTI~ THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Signalure: the action is in the Coastal Area, and you are a state agency, complete tt~e Coastal Assessment Form before proceeding with this assessment OVER 1 ,(Continued on reverse side) QUESTIO~AIRE FOR FILING WITH YOUR Z.B.A. APPLICATiO}! A. Please disclose the names of ~ the owner(s) and any other individuals (and entities) having a financial interest in the subject, premises and a description of their interests: (Separate sheet may be attached.) B. Is the subject premises listed on the real es=a=e market ~or ~ sale. or being shown to prospective buyers? { } Yes { } No. ~(If Yes, pl~m a~ch ~t~Y o~ "~ondLit~nrl~4, of C. Are there£=~yl~rupo~al= to ~flzange~r alter land cuntcu~? { } Yes {~ No . D. 1. Are there any areas which contain wetland grasses? ~/~ 2. Are the wetland areas ·shown on the map submitted with ' this apPlication? 3.. Is the property bul~d betwwen the wetlands area and the upland building area? _ ~ 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town~Tmustees for its determination of jurisdiction? . ,~,'~ E, Is there a depression or sloping elevation near the area of proposed coAs%ruction at or below five feet above mean sea level? ~ (If not applicable, state "N.A.") F. Are there any patios, ~oncrete barriers, bulkheads or which e~t and a~ not ~hown =n the survey map that you submitting? ~ If none exist, please state "none." G. Do you have any construction taking place at this time c~ncerning your premises? ?/d If yes, please submit.a copy oz your building permit and map as approved by the Building Department. If none, please state. H. Do you o~ any co-owner also owh other land close to this parcel? /~/~ If yes, please ~xplain where or submit copies of deeds. I. Please parcel proposed use , list pr/~sen~ us~ of operations · f/,~ ,-[~/r7 ~)~f~ conducted at and this § 97-13 WETLANDS § 97-13 TOWN -- The Town of Southold. TP, USTEES -- The Board of Trustees of the Town of Southold. [Added 6-5-84 by L.L. _Ne. 6.1984] WETLA. ND!~ [Amended 8-26-76 by L.L Ne. 2-1976; 3-26- 85 b~r?. No- ~-19&5I: -,' '"-'. ".', '.:, ~r '~I'DAL WETLASDS: (I) All lands generally covered or incormittently cov- ered wkh. or which border on. tidal wa~ers, or lands I¥in~ beneath tidal waters, which at mean low tide are covered by tidal waters co a maximum depth of five (5) feet. including but not limited tn banks. bogs, salt marsh, swamps, meadows, fla~s or other low lying' lands subject to tidal action; (2) All banks, bogs, meadows, flats and tidal marsh subject to such tides and upon which grows or may. grow some or any of the following:, salt hay, black grass, saltworts, sea lavender, tall c0rdgTaSs, high bush, cattails, groundsel, marshmallow amd Iow All laA. d immediately udjacent to a tidal wetland as defined in Subsection A(2) and lying' ~vithin seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. FRESH%VATER WETLANDS: (1) resnwater wetlands" as defined in Article 24. Ti- tle 1. § 2-I-0107. Subdivisions l(a) CO l(d) inclusive, of the Environmental Conservation Law of the State of New York: and (2) All land immediately adjacent to a "freshwater wet- land." as defined in Subsection B(1) and lying with- in seventy-five (75) feet landward of the most land- ward edge of a "freshwater wetland." 9705 z.:s.as R ~80 R-80 . R_80 I MAT TITUCK LIO // BOARD OF APPEALS, TOWN OF SOUTHOLD .j~ ttte Matter or the Petition .o.f : to ~he~oard of Appeals of the Town of Southold TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. T~ intention of the undersigned to petition the Board nf Appeals of the Tow~n of Southotd to request~.~Varlance) (Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subiect of the p~titio~ is cribed as follow.~: ~7.~ ~ ~ ~. ~ ~ located adjacent t.o your property and is des- Al/ 3. Tha~ th~?rope.rt~ whO, ch ',~'the subiect of such Petition is located in the following zoning district: 4 Tha! b'~ ~uch P~tition, the undersigned wiJl request the followir)g relief: ? $. That the provi%io_~g.0s-,of the Southold Town Zoning Code applicable to the relief sought by the under- [ ] Section 280-A, New York Town Law 'for approval o'f access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the 5outhold Town Clerk's Office at Main Road 5outhold, New York and you ma)' then and there examine tee same during regular office hours. (5].6) 7~'5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the B6ard of Appea~s; 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 Traveler-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. Petitioner Post~ffice~dress ~ / ['Copy of sketch or plan showing proposal to be attached for convenience purposes.] PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS L66L aunc '008~ LU~O=~ SH P 358 213 517 Receipt for Certified Mail No Insurance Coverage Provided STATE OF NEW yoRK CouNTY OF SUFFOLK ss.: of ~C_~/~e4~ , being duly sworn, dcp~es an~l says that on [he ~2~Z n:J day · , deponent mailed a true copy of the Notice set forth on the re- 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 addresses of said persons as shown on the current assessment roll of the .Town of Southo d: that said Notices were mailed at the United States Post Of- ficeat ~'~1~ LL~r~ !"~, ~ ~/ ;that said Notic.~,"9/~e¢/¢mailed to eac~of said persons by Sworn tO before me this ~ f~ dayof ~bh~ ,~ ~/ No~ ~, StYe of New Yo~ ~o. ~2-8~ 2~8~0, ,Suffolk Ca~y Term Er~rg.~ October 31, 19 ~ (This side does not have to be completed on form transmitted to adjoining property owners.) 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