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Southold Town Board o£Appeals
MAIN ROAD- STATE ROAD "~S SOUTHOLD, L.I., N.Y. ~1~?1
TELEPHONE (516) 765-1809
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 3488
Application Dated
TO:
March 20, 1986 (Public Hearing 4/3/86)
Mrs. Patricia C. Moore
Law Offices of Rudolph H. Bruer,
as Attorney for WILLIAM KREITSEK
Main Road
Southold, NY 11971
Esq.
[Appellant(s)]
At a Meeting of the Zoning Board of Appeals held on May. l, 1986,
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 100-32 (and/or 100-30A)
[ ] Request for
Application of WILLIAM KREITSEK for a Variance to the Zoning
Ordinance, Article III, Section 100-32 (and/or Section lO0-30A) for
permission to locate private, fenced-in tennis court together with
12' by 12' gazebo on stilts on vacant premises adjacent to residence
of the applicant and referred to as 9030 Soundview Avenue, Southold,
NY; George Penny IV Filed Subdivision dated April 11, 1974; County
Tax Map Parcel No. 1000-59-07-27.2 and 27.11
WHEREAS, a public hearing was held and concluded on April
1986 in the Matter of the Application of WILLIAM KREITSEK under
Appeal No. 3488; and
WHEREAS, the board has considered all testimony and documentation
entered into the record concerning this application; and it is noted
for the record that no public opposition has been received; and
WHEREAS, the board members have personally viewed and are familiar
with the premises in question, as well as the surrounding area in this
Residential and Agricultural Zoning District; and
WHEREAS, the board made the following findings of fact:
1. The property in question is situated along the south side of
Soundview Avenue, a town road, in the Hamlet of Southold, New York,
with a frontage of 389.77 feet, average lot width of 152.37 feet,
average depth of 346 feet, and lot area of 1.05 acres.
2. The subject premises is presently vacant.
3. By this application, appellant requests approval of the
placement of 60' by 120' tennis court with 8' black vinyl chainlink
fence (three sides) and 12' by 12' octagonal gazebo as shown by
January 30, 1986 plan prepared by Briarcliff Landscape, Inc. The
setback of the two structures in question will not be closer than 72
feet from Soundview Avenue, and the gazebo will be 60 feet from the
easterly property line; tennis court 80 feet from the easterly
property line. The westerly sideyard setbacks will be 15 feet for
the tennis court and 83 feet for the gazebo.
(CONTINUED ON PAGE TWO)
DATED: May 13, 1986.
Form ZB4 (rev. 12/81)
CHAIRMAN, SOUTHOLD TO~N
OF APPEALS
ZONING BOARD
Page 2 - Appeal No. 3488
Matter of WILLIAM KREITSEK
Decision Rendered May 1, 1986
4. Appellant also owns the adjacent lot, identified on the
Suffolk County Tax Maps as District 1000, Section 59, Block 7,
Lot 27.2, and assures that the structures in question will be
used accessory to his residence and will be screened with pines
a minimum height of six feet.
5. For the record, it is noted that a private right-of-way
exists along the easterly property line which was the subject of
a prior application of the Board of Appeals under Appeal No. 1887,
conditionally granted on April 11, 1974 (George L. Penny IV).
6. It is the opinion of the board that although the
practical difficulties are not sufficient and there is at least
one other method for appellant to pursue, other than a variance,
that the variance could only be granted with the understanding
that the tennis court and gazebo shall not be operated for gain
and shall be used incidentally and accessory only to the adjacent
residence of the applicant, and that in the event this use
is no longer "accessory," than this variance shall become null
and void, and reapplication to this board or compliance with the
zoning code as to the requirements for principal uses and
structures will be necessary.
Accordingly, on motion by Mr. Grigonis, seconded by
Mr. Sawicki, it was
RESOLVED, to grant the relief requested under Appeal No.
3488 in the Matter of the Application of WILLIAM KREITSEK to
construct a 60' by 120' tennis court and 12' by 12' octagonal
gazebo, both accessory to the adjoining main residence of the
applicant, as shown on the January 30, 1986 plan prepared by
Briarcliff Landscape, Inc., and SUBJECT TO THE FOLLOWING CONDI-
TIONS:
1. Any newly proposed dwelling structure shall be located in
accordance with the requirements of the Bulk Schedule of the Zoning
Code without reduction of front or side yards;
2. Gazebo and tennis court shall not be operated for gain
and shall be used accessory and incidental to adjacent residence
as applied;
3. Neither this parcel or the adjacent premises (Parcels
1000-59-7-27.1 and 27.2) shall be conveyed unless: (a) the vacant
parcel in question is improved with a single-family dwelling, or
(b) reapplication is made to the Board of Appeals for reconsideration
of this relief and/or principal use if other than for single-family
residential use;
4. Lights shall not exceed 28~ in height, shall be shielded to
the property, and shall be screened as indicated in the application.
5. No accessory Sleeping quarters shall be permitted.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen,
Douglass and Sawicki. This resolution was duly adopted by unanimous
vote of all the members.
lk
~~I~A 'N
/ May 13, 1986. / ' '
/ BY
RECEIVED AND
I~ SOu~D
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, NoY.
NOTICE OF DISAPPROVAL
Date
PLEASE TAKE NOTICE that your application dated ~...'~..&~...~...( ~ .......... 19.~ ~.
fo~ p~=x~ ~o ~ ~. ~.,~.. m..9. ~ ~. ~ ........
Location of Property ~m&O .~.~~.. · ~.' .... ~.~~~- - -
County T~ Map No. ~000 Sect~on ... ~ ~ ~ ..... Block .... ~ ...... Lot ...~;7 e .~....
Subdivision~t ~. ~... riled Map No .... T/('/2~ .... Lo~ No.. ~.~:~.2 .........
is returned herewith and disapproved on the follow~g ~o~nds .~&~. ~..~.~ ./~ 7 ~ ~
~ .... ~. ~. ¢ ~~ ................ : ...................
Building Inspector
RV 1/80
NOTICE OF HEARINGS
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town
Law and the Code of the Town of Southold, the following public
hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at
the Southold Town Hall, Main Road~ Southold, NY at a Regular
Meeting commencing at 7:30 p.m. on THURSDAY, APRIL 3, lg86, and
as follows:
7:35 p.m. Appeal No. 3396 - GARY DOROSKI for a Variance to
the Zoning Ordinance, Article XI, Section lO0-119.2(B) for
permission to locate proposed, pool with decks and fence enclo-
sure within 75 feet of wetlands and highwater mark, at 425
~onsell Lane, Cutchogue, NY; Norwald Subdivision Filed Map
No. 1275~ Lots 31-35 inclusive; County Tax Map Parcel No. 1000-
97-08-27.
7:40 ~.m. Appeal Noj 3482 - JERRY SHULMAN for a Special
Excelsior to the Zoning Ordinance, Article IX,.Section 100-90
for permission to change use of a portion of existing building
to building-material storage, in conjunction with existing
agricultural storage and agricultural office, at premises
referred to as 11950 Sound Avenue, Mattituck, NY'~ County Tax
Map Parcel No. 1000-141-03-41.
7:45 p.m. Appeal No. 3473 - JOSEPH A. CASSIDY, JR. for a
Variance to the Zoning Ordinance, Article III, Section 100-31,
Bulk Schedule, for approval of 58,484 sq. ft. parcel with
135' frontage along Reydon Drive, set off from premises to the north
presently of J. Rich of 55,831 sq. ft. in area and 135'
frontage (lot width). Property identification: County Tax
Map Parcel Nos. 1000-79-05-23.1 and 22.1; located along the
west side of Reydon Drive, Southold, NY.
7:50 p.m. Appeal Noo 3451 - BEDELL WINERY for a Special
Exception to the Zoning Ordinance, Article III, Section 100-30-
(B)[14] to establish winery use from grapes grown on the
premises, 36225 Main Road, Cutchogue; 1000-85-02-10. (Recessed
from 3/13/86).
8:00 p.m. Appeal No~ 3476 ROBERT AND CHARLOTTE WISSMAN
for a Variance to the Zoning Ordinance, Article XII, Section
100-121 to seek relief from conditions placed by prior Appeal
Page 2 Legal Notice of Hearings
Southold Town Board of Appeals
Regular Meeting of April 3~ 1986
No. 2006 in the Name of Claire Brody and Others dated February 27,
1975, which conditionally granted use of lot for mooring dock and
storage building (Article III, Section 100-30(B)[9]) and insuffi-
cient lot area and width (Bulk Schedule), to allow the construction
of a single-family residence. Location of Property: 715 Gull Pond
Lane, Greenport, NY; County Tax Map No. 1000-35-04-007.6 (referred
to as Lot "C").
8:10 p.m. Appeal No. 3481 - PORT OF EGYPT ENTERPRISES, INC.
for a Special Exception to the Zoning Ordinance, Article VIII,
Section 100-80 for permission to install/relocate marine fuel
storage tanks in this "C-Light" Industrial Zoning District,
at 6230 Main Road, Southold, NY; County Tax Map No. 1000-56-6-3.2,
3,3, 4, 6, 6.1.
8:15 p.m. Appeal No.
to the Zoning Ordinance,
permission to establish
owner-occupied building,
3472 - MICHAEL HERBERT for a Variance
Article III, Section lO0-30(A) for
"Bed and Breakfast"-type use, or "an
other than a hotel, where lodging and
breakfast is provided for not more than nine persons." Location
of Property: 795.Pike Street, Mattituck, NY; County Tax Map
Parcel No. 1000-140-2-23. Zoning District: A-Residential and
Agricultural.
8:20 p.m. Appeal No. 3418 ~ GRETCHEN HEIGL for a Variance
to: ii (a) the Zoning Ordinance, Article III, Section 100-31,
Bulk Schedule for approval of insufficient lot area and width
in this proposed division of property, and (b) New York Town
Law, Section 280-a for approval of access to proposed Lot #1
over a private right-of-way located along the easterly side
of the subject premises. Location of Proper~y and Right-of-Way
in Question: North Side of Sound View Avenue, Southold, NY;
County Tax Map Parcels No. 1000-68-1-14 and 15.1.
8:25 p.m. Appeal No. 3477 WILLIAM AND KATHERINE HEINS for
a Variance to the Zoning Ordinance, Article III, Section
100-31, Bulk Schedule for approval of insufficient area, width
and depth of two parcels in this proposed division located along
the north side of Main Road, Orient, NY; County Tax Map Parcels
No. 1000-19-2-5 and 6.
Page 3 Legal Notice of Hearings
Southold Town Board of Appeals
Regular Meeting of April 3, 1986
to the Zoning Ordinance, Article III, Section 100-32 (and/or
Section lO0-30A) for permission to locate privates fenced-in
tennis court together with 12' by 12' gazebo on stilts on
vacant premises adjacent to residence of the applicant and
referred to as 9030 Soundview Avenue, Southold, NY; George
Penny IV Filed Subdivision dated April ll, 1974; County Tax
Map Parcel No. 1000-59-07-27.2 and 27.1.
8:40 p.m. Appeal No. 3471 NICHOLAS TSIRKAS for a Variance
to the Zoning Ordinance, Article XI, Section 100-119.2(A)[1]
for permission to construct single-family dwelling with an
insufficient setback from edge ~of bank~along the Long Island
Sound. Location of Property: North Side of Sound Avenue,
Greenport, NY; Eastern Shores Subdivision Map 4586, Lot 113~
County Tax Map Parcel No. 1000-33-01-11.
8:50 p.m. Appeal No~ 3469 - 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 areas
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.
The Board of Appeais will hear at said time and place all
persons or representatives desiring to be heard in each of
the above matters. Written comments may also be submitted
prior to the conclusion of the hearing in question. For more
information, please call 765-1809.
Dated: March 13, 1986.
BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRINGER, CHAIRMAN
INSTRUCTIONS FOR NEWSPAPERS: Please publish Thursday, March 27,
1986 and forward two affidavits of publication on or before
April 1st to: Board of Appeals, Main Road, Southold, NY 11971.
Page 4 Legal Notice of Hearings
Southold Town Board of Appeals
Regular Meeting of April 3, 1986
Copies of the 3-page Legal Notice of Hearings to the following
on or about March 25, 1986, with transmittal form:
Mr. Gary Doroski, 425 Monsell Lane, Cutchogue, NY 11935
Mr. Jerry Shulman, P.O. Box 41, Port Jefferson Station, NY 11776
Joseph A. Cassidy, Jr., 39-17 222nd St, Bayside, NY 11361
Mr. Merlon Wiggin, Peconic Associates, Greenport, NY 11944
as agent for BEDELL WINERY
as agent for PORT OF EGYPT ENTERPRISES
Rudolph H. Bruer, Esq., Main Road, Southold,
as agent for ROBERT AND CHARLOTTE WISSMAN
as agent for MICHAEL HERBERT
as agent for WILLIAM KREITSEK
as agent for NICHOLAS TSIRKAS
NY 11971
Michael J. Hall, Esq., Youngs Avenue, Southold, NY 11971
as agent for GRETCHEN HEIGL
Anthony B. Tohill, P.C.~ Box 744, Riverhead, NY ll901
as agent for WILLIAM AND KATHERINE HEINS
Mr. and Mrs. William Heins, Main Road, Orient, NY 11957
Town Clerk Bulletin Board
ZBA Bulletin Board
Building Inspectors (4)
ZBA Members
ZBA Individual Files with Affidavits
of Publication
0 986
TOWN OF SOUTHOLD, NEW YORK
DECISION OF BUILDING INSPECTOR
TO THE ZONING BOARD OF APPEALS, TOWN OE.sOUTHOLD, N. Y.
APPEAL NO. ~7
DATE ....~.~,9-h...,.~,.,.....I..9 8 6
,i,.t. ~k" ' 9030 Soundview Avenue
I (We) William Kre s of ............................................................................
Name of Appellant Street and Number
................... ~.p...u.~..~..o..];...d. ......................................................... ~.e..V....~..9. E.~ ....... HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO ..................................... DATED ....... ~,a,E.,c.~...?.,2..:.....I..9..8...6. .............
WHEREBY THE BUILDING INSPECTOR DENIED TO
(X)
( )
William Kreitsek
Nome of Applicant for permit
of
9030 Soundview ~v~.u~ S.q,g,~.~o.l,.d~ New York
Street and Number Municipality State
PERMIT TO USE
PERMIT FOR OCCUPANCY
( )
1. LOCATION OF THE PROPERTY ....gg30...Saugd.v, im~..~.~u.a~...Ko.ath~l.~ ......................
George Penny IV Subdivision Street Use District on Zoning Map
Filed -- A~pCil~, 11, 1974
..... .°..5..P.....-....°..7....,-.:,?.l'.:..2.z.'::....,.......uz .................. :...Current Owner William Kreitsek
Mop No. Lot No.
2 PROVISION (S) OF THE ZONING ORDINANCE APPEALED (indicate the Article Section, Sub-
section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordi.nance.)
Article III, Section 100-32
3 TYPE OF APPEAL Appeal is mode herewith for
(X) A VARIANCE to the Zoning Ordinance or Zoning Map
( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws
Art. 16 Sec. 280A Subsection 3
4. PREVIOUS APPEAL A previous appeal (~s~ (has not) been made with respect to this decision
of the Building Inspector or with respect to this property.
Such ~ppec was ( ) request for a special permit
( ) request for a variance
and was made in Appeal No ................................. Dated ...................................................................
( )
(x)
( )
REASON FOR APPEAL
A Variance to Section 280A Subsection 3
A Variance to the Zoning Ordinance
is requested for the reason that the Appellant wishes co build a private
and fenced-i~ tennis court ~ogef_he_r wi~h a 12 x 12 foot' proposed
Gazebo on sti%ts on the lot adjacent to his residence.
l~orrn
(Continue on other side)
REASON FOR APPEAL Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sar-~ HARDSHIP because
Techincaliy, the re~uesn is made within A-Residential Zone~
without a dwelling° If the accessory use ms denied, the
1 o t, which can easily acco~L~date proposed use ~ will rematch ~ac~nt and
the Appellant will be denied the ord3_nary use and ~njoym~nt of his
propertyo
2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate
vicinih of this property end in this use district oecouse
~ne ~Appellant's hardship is unique bDcause the Ap~l~atcowas~ the
adjacent lot ~. ~ses, tb~ ~w~,_~s as~one 2,26 acre parcsl.
~he proposed tennis court and improvements will be used, as e~ accessory use
to the main dwelling.
3. The Variance would observe the spirit of the Ordinance and WOULD NO~ CHANGE THE
CHARACTER OF THE DISTRICT because
· he proposed tennis court would not change the character of
~he district becaus~ the tennis cenrt will be surrounded by an
8 foot~%ao~ vinyl ~hai~-link-~e~c~]designed~ te blend into the
~ scenqr~.~ ~The~property wilt be iahdscaped~aio~g tAe property
line with six 8 to 10 foot Douglas Firs~ five 8 to l0 feet
Black Pines~ six 6 to 8 foot Wkite Pines to create a natural
screening from Soundview Avenue and adjacent properties° In
addition to the above Pines~ the tennis court and fencing will
be screened with four 10 to 12 foot White Pines and three 8 to
i0 foot Black Pines which will be placed to create a screen
from Soundview Avenue° The Appellant wishes to place four
night lights along the tennis court~ ~he lightin~ will be
screened by the 10 by 12 foot White ?ines~
STATE OF NEW YORK )
)
COUNTY OF Suffolk)
SS
Sworn to this ........ .I..8..L.,h. ............................. day of ............. ~.~:(.¢..h. ............................. 19 86
v/~otory Public
LINOR 3.
NOTARY PUSLt~, STR~ 0f N[W Y~K
NO. 4847172~ ~F~OLK
C~MtS~ON ~PtRES MAR~ ~, [987
SURVEY FOR
WILLIAM KREITSEK
AT ~OUTHOLD