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HomeMy WebLinkAbout3532 uthold Town Board of Appeals MAIN ROAD- STATE ROAD '~5 SOUTHOLO, L..I., N.Y. 11g71 TELEPHONE {516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3532 . Application Dated June 24, ]986 TO: [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 ~o 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 § 100-30(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 14, 1986 in the Matter of the Application of ARTHUR AND BERNADETTE BURNS, Appeal No. 3532; and 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 pe~sonat'ly v~ewed add 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 1, 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 (front) property line and 50± feet from the 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)m DATED: September 17, Form ZB4 (rev. 12/81) 1 986. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3532 Matter of ARTHUR AND BERNADETTE BURNS Decision Rendered September 11, 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 topography 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 RECEIVED AND FILED Bf THE SOUTHOLD TO~VN DATE g~-/~ HOUR ~ERARD P. GOEHR'iNGER, C~IRMAN September 17, 1986 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 THURSDA-Y, AUGUST 14, 1986 and as follows: 7:35 p.m. Appeal No. 3536 GEORGE AND PAT BROWN. Variance to the Zoning Ordinance, Article III, Section lO0-31, Bulk Schedule, for permission to construct deck addition to dwelling with reduction of existing nonconforming sideyard setback, at 150 Br~arwood Lane, Cutchogue, NY; County Tax Map Parcel No. 1000-136-1-3. 7:40 p.m. Appeal No. 3477 WILLIAM~AND KATHERINE HEINS. 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 or set-off of land located along the north side of Main Road, Orient, NY, County Tax Map Parcels No. 1000-19-2-5 and 6. 7:50 p.m. Appeal No. 3520 THOMAS SHALVEY. Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule,-for approval of insufficient area, width and depth of two parcels ~n this proposed division or set-off of land located alon.g the south side of Case Road, Cutchogue, NY; County Tax Map Parcels No. 1000-116-2-15 and 16. 7:55 p.m. Appeal No. 3532 - ARTHUR AND BERNADETTE BURNS. Variance to the Zoning Ordinance Article III Sections~100-30(C) and 100-32, for permission to construct acce§sory 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. 8:05 p.m. Appeal No. 3433 - GAIL DESSIMOZ and MICHAEL RACZ. Variance for approval of access, New York Town Law, Section 280-a, over private right-of-way known as Hallock Lane and referred to as Private Road #10, extending off the north side of Sound Avenue, Mattituck, New York,(over and along lands of Charles Simmons and Edward Harbes). County Tax Map Parcels No. 1000-112-1-7 & 8, and to Parcel No. 1000-112-1-4. Page 2 - Notice of Hearings August !4, 1986 Regular Meeting Southold Town Board of Appeals 8:10 p.m. Appeal No. 3530 RAYMOND T. GOODWtN. Variances to the Zoning Ordinance: (1) Article III, Section 100-31, Bulk Schedule, for permission to construct kitchen addition with an insufficient westerly sideyard setback and insufficient total sideyards; (2) Article XI, Section 100-119.2(B) for permission to construct kitchen and deck additions with an insufficient setback from the highwater mark along Peconic Bay, at 4450 Peconic Bay Boulevard, Laurel, NY; County Tax-Map Parcel No. t000-128-4-22.2. 8:15 p.m. Appeal No. 3533 - JOHN AND JEANNE BREDEMEYER. Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to locate single-family dwelling structure within 75 feet of ordinary highwater mark..along Orient Harbor. location of Property: W~s.t Side of Bay Avenue, Orient, NY~ County Tax Map Parcel No. 1000-26-t-8. 8:20 p.m. Appeal No. 3539 - MICHAEL HERBERT. Special Excep- tion to the Zoning Ordinance, Article Iii, Section IOOL30(B)[16] for permission to establish "Bed and Breakfast use,~ '~an owner- occupied building, other than a hotel, where lodging and breakfast is provided for no~ more than six casual, transient roomers~ and renting of not more than three rooms. Location of Property: 795 Pike Street, Mattituck, NY; County Tax Map Parcel No. 1000- 140-2-23. Zoning District: "A" Residential and Agricultural. 8:25 p.m. Appeal No. 3442 - JOHN J. NEWMAN. Variance to the Zoning Ordinance, Article XI, Section lO0-119.2(B) for permission to construct additions to dwelling within 75 feet of high water and'existing bulkhead along James Creek, at 430 Sailors Needle Road, Mattituck, NY; County Tax Map Parcel No. 1000-144-5-29.1 and 30. 8;35 p.m. Appeal No. 3535 - NORTH FORK FRIENDS OF KENYON TUTHILL. Variance to the Zoning Ordinance, Article III, Section 100-30 for permission to use premises for' a special fund-raising event ~n conjunction with fireworks display, at premises of W.F. and T.A. LaMorte, 895 North Bayview Road, Southold, NY; County Tax Map Parcels No. 1000-70-13-20 (20.1 to 20.21, inclusive). Page ~ Notice of Nearings August 14, 1986 Regular Mee~in§ SoJthold Town Board of Appeals 8:40 p.m. Appeal No. 3478 BECKY JOHNSTON. Variances for: (1) Building InspecTor to issue building permit allowln§ existing structure to be weatherized, prior to final 280-a access approval, and (2) approval of access in accordance with New York Town Law, Section 280-a, over private right-of-way extending from the northerly end of Bridge Lane Extension and Oregon Road, over lands of Bokina,]~dentified on the Suffolk County Tax Maps as 1000-73-2-4, to premises of Johnston-, identified on the Suffolk County Tax Maps as 1000-73-2-1. 9:00 p.m. Appeal No. 3513 STEPHEN SHILOWITZ. Variance to the Zoning Ordinance, Article XI, Section 100-119.2(B) for permission to construct condominium complexes within 75 feet of bulkhead and tidal water, at the west side of Sixth Street, Greenport, NY; 1000-49-01-25.1. Zone District: "M-Light Mul- tiple'' Residence. The Board of Appeals wilt hear at said time and place all persons or representatives desiring to be heard in each of the above hearings. Writte~ comments may also be submitted prior to the conclusion of the subject hearing. For more information, please call 765-1809. Dated: July 17, 1986. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN ATTENTIO~ NEWSPAPERS: Please publish Thursday, July 31, 1986 and forward two affidavits of publication on or before August 5th to: Board of Appeals, Main Road, Southold, NY 11971. Copies to the following 7/28/86: Personal Delivery: Suffolk Times, Inc. L.I. Traveler-Watchman, Inc. By Mail: Mr. Richard O. Kunst, 1745 Harbor Lane, Cutchogue for GEORGE AND PAT BROWN Mr. and Mrs. George Bn. own~ 150 Briarwood Lane~ Cutchogue, NY 11935 Anthony B. T°hill, Esq. as~ttorney for Mr. and Mrs.. William H~ins Mr. and Mrs. Ar~.hur B~rns' Mr~ an~ Mrs. William Heins, Main Road~ Orient, NY 11957 and Mrs. Arthur Burns~ 3525 Pri. vate Road #1~, Mattituck, NY 11952 Mr. J. Douglas Peix, 208 Fifth A~enue~ New York~ NY 10010 for RACZ Gall Dessimoz 6n~ M~chael Racz~ 208 Fifth Avenue, New York, NY 10010 Charles Matthews, Esq,, Box 800~ Huntington, NY 11743 Abigail A. Wickham, Esq. as Attorney for Mr. and Mrs. Raymond T. Goodwin Mr~ and Mrs. John Brede~yer Mr. and Mrs. John J. New~an Michael J. Hall, Esq. as Attorney for Becky Johnston Stephen R. Angel, Esq. as Attorne~ for Stephen Shilowitz Lawrence Storm, Es~. as Attorney ~or R. Strong and others Mr. and Mrs. Robert Strong, Woodmere address TOWN OF SOUTHOLD BUILDING I)EPARTMENT TOWN CLERK'S OFFICE SOUTIIOLD, N.Y. NOTICE OF DISAPPROVAL .... ....... PLEASBVFAKE NOTICE that your application dated County T~X':Map No. 1000 Section .. ,/f.dff,"~4 ....... 31ock ,C~, '[ ........ Lot .~(,~ ....... Subdivision .................. Filed Map No ................ Lot No .................. is returned herewith and disapproved oll the followit,g grounds~...~.'.. 'L~',~..~.X~. ~ ..... Building Inspector RV 1/80 'FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL ~-OUTHOLD, N.Y. 11971 TEL.: 765-1803 Examined ................. 19 ... Approved ................. 19... Permit No ............ Disapproved a/c ..................................... Received ........... ,19... (Building Inspector) APPLICATION FOR BUILDING PERMIT Date .................. 19... INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public strdets or a~eas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- cation. ~ c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until ~t 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 lierein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises mad in building for necessary inspections. (S~namreofapplicant, orname, ifacorporation) ARTHUR BURNS ~9.~q~.l~.~¥~k~.~,..~Y. 1O021 ...... 0Vlailingaddressofapplicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. Owner Name of owner of premises . . .A.r.t..h.u.r..B..uT.n.s. .................................. ....................... (as on the tax roi1 or latest deed) If applicant is a corporation, signature of duly authorized officer. (Name and title of corporate officer) Builder's License No..Pr~)..Corma. Inc .......... Plumber's License No ......................... Electrician's License No ....................... Other Trade's License No ...................... Location of land on which proposed work will be done...S.C.T.~.~..1.0, q 0..-.1.0.5.-. 9.1.-.0. 0..4...0.0. O ................... ....3.5.2.5...~.r.L.y .a.t.e..R. 9.a.d' .~.1..3..(.g.n..d..qr...R,u.~.i~...Rp.a.d. )...~.a.~.t. iku. q]~,..N.Y. ......................... House Number Street Hamlet County Tax Map No. 1000 Section .... .lp.5. .......... Block . .ql. .............. Lot...0.q4... 99.0. ........ Subdivlsion ................... .................. Filed Map No ............... Lot ............... (Name) State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy .................. ge,l.ctential b. Intended use and occupancy ................. Resi~lentiz~l .w±.t~. term±s, c.aurt ................. 3. Nature of work (check which applicable}: New Building ..... ' .....AdalLion .......... ,~Jteration Repair .............. Removal .............. Demohtion .............. Other Work of tennis court 4. Estimated Cost .... $.~O, OD.Q .......................... Fee ...................................... % (to be paid on f~ling this appi~:cat~on} 5. If dwelling, number of dwelling units .... .nJ.~ ....... Number of dweliing units on each floor If garage, number of cars ...................... ~../.a 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use ...... n./..a ............ 7. Dimensions of existing structures, if any: Front ..... n.[.a ....... Rear .............. Depth Height ..... n./..a ....... Number of Stories ..... n../.a ........................................... Dimensions of same structure with alterations or additions: Front . .n../.a ............ Rear ..... .n/~ ......... Depth .......... .n./.a. ........ Height ......... n../.a .......... Number of Stories ..... .n./.a~ ............. 8. Dimensions of entire new construction: Front ...... n. ~/.a ......Rear .... n../.a ........ Depth . Height ............... Number of Stories ....................................................... 9. Size of lot: Front ....... n/.a ........... Rear ....... n[~ ........... Depth ..... A/.~. !0. Date of Purchase ....... A/.~ .................. Name of Former Owner ............ .~. 1 I. Zone or use district in which premises are situated ............... n../.a 12. Does proposed construction violate any zoning law, ordinance or regulation: ............... .n./. ~. 13. Will lot be regraded ..... n/a ................... Will excess fiil be removed from premises: Yes No 14. Name of Owner of premises .... ~,~ ............ Address ................... Phone No ................ Name of Architect ........... .n./.a. ............ Address ................... Phone No ................ Name of Contractor .......... .n./.a. ............ Address ................... Phone No ................ 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. See annexed survey of Young and Young dated May 23, 1986o STATE OF NEW YORK, S.S . ' :. ' :-' . COUNTY OF .................. - - - . ........ gI~T.I~HI% .B.~.R~$ ........................... being duly sworn, deposes and says that he is the applicant (Name of individual signing contract) above named. He is the ............. Own.er ...................................................................... (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application;that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this .............. .'4>. ........ day of..~e~.- ............. , 19.8.6. Cert. F [ed in N~w York Commission Expires ,%~orch 30, TOWH OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Name of Appellant Street and Number Ruth Road) , Mattituck NY ......................................................................................................................... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ( (x ARTHUR & BERNADETTE BURNS Name of Applicant for permit of 3525 Private Rd. ~13 (End of Ruth Rd) Mattituck, NY Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Tennis Court permit 1. LOCATION OF THE PROPERTY End of Ruth Road A Residential Street SCTM 1000-105-01-004 Mop No. Lot No, Use District on Zoning Map 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.) 100-30(c) , 100-32 3. TYPE OF APPEAL Appeal is mode herewith for (x) A VARIANCE to the Zoning Ordin.ance or Zoning Map (to install tennis court) ( ) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (KMs,3:(hos not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeai was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinance (x) Applicant wishers to ins%all tennis court as per annexed drawing Of Young & Young aated May 23, 1986, is requested ~or the reason that ]~om ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. :STRICT APPLICATION OF THE ORDINANCE wouId produce practica[ difficulties or unneces- sary HARDSHIP.~becouse tennis court is customarily an accessory use in ~single family residential district° 2. The hardship created is UNIQUE and is not shared by ali properties aiike in the immediate vicinity of this property and in this use district because applicant seeks to install tennis court in open area of parcel 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHAr~ACTER OF THE DiSTRiCT becQuse character of area is mixed at present time. STATE OF NEW YORK ) ) ss COUNTY OF ) ARTHUR~BURNS Sworn to this ................. ,~,, .......................... day of ..................... J. ulZe .......................... 1986 Notary Pdb!ic OWNER FORMER OWNER STREET _ N VI LLAGE DISTRICT ACREAGE TYPE OF BUILDING CB. j MISC. Tillable 3 Woodland Swampland Brushlond House Plot Zota?~ ~ Tillable 2 NEW NORMAL ' Farm Acre Tillable 1 RES. ~'~10 SEAS. /,--" VL. FARM COMM. LAND IMP. TOTAL DAZE REMARKS Extension Extension Extension tion Both Floors (~oroge Walls Fire Place ,atio Driveway Porch Porch Interior Finish Attic Rooms ]st Floor Rooms 2nd DEPARTMENT OF PLANNING '.i~COU NTY': OI::'sU FFOLK PETER F. COHALAN SUFFOLK COUNTY EXECUTIVE 360-5206 LEE E. KOPPELM~ October 28, 1986 Town of Southold ' Zoning Board of Appeals Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, 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) John J. Newman Raymond T. Goodwin ~Arthur & Bernadette Burns Mr. & Mrs. John Bredemeyer Robert Waddington George & Pat Brown Michael Herbert Mr. & Mrs. Mark La Rosa Mr. Peter Capone, Pres. Rial Realty Corp. 3442 3530 3532 3533 3534 3536 3539 3540 ~3551 Very truly yours, Lee E. Koppelman Director of Plannieg S/s Gerald G. Newman Chief Planner $outhold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11~'71 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRiGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI TELEPHONE (516) 765 1809 Pursuant to Article XIII of the Suffol~ ~ounty Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: · ×× Variance from the Zoning Code, Article IZZ, Sections ZO0-30(C) 100-32 Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit and Appeal Location County Within No.: 3532 Applicant: Arthur and Bernadette Burns Hattituck, NY of Affected Land: 3525 Private Road #13, Tax Map Item No.: 1000-105-1-4 500 feet of: Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) or County Road, Parkway, Highway, Boundary of Existing or Proposed County, Boundary of Existing or Proposed County, Other Recreation Area State Thruway State or Federally Owned State or Federal Pdrk or or Exi. sting or Proposed Right-of Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Established Channel Lines, Within One Mile of a Nuclear Power Plant .. Within One Mile of An Airport. Land COMMENTS: Applicant is requesting permission to construct accessory tennis court in the frontyard area. Copies of Town file and related documents enc]osed for your review. Dated: Oct. 21, 1986 ~_~ SOUTHOLD TOWN BOARD OF APPEALS MATTER OF ARTHUR AND BERNADETTE BURNS THURSDAY, AUGUST 14, 1986 PUBLIC HEARING 7:58 p.m. Appeal No. 3532 - Public Hearing commenced in the Matter of ARTHUR and BERNADETTE BURNS. Variance to construct accessory tennis court in the front yard. 3525 Private Road, #13, Mattituck. The Chairman read the legal notice and application for the record. CHAIRMAN GOEHRINGER: lhere is a map dated May 23, 1986, showing a one-family dwelling not indicating a bluff line to the rear of that which is considered front yard area a brick patio around an in the ground swimming pool and farther down the, into the front yard area, a proposed tennis court of 60 by 120, approximately 30 feet from the west property line. And a copy of the Suffolk County Tax Map indicating this and the surrounding properties in the area. Is there somebody that would like to be heard? MR. TOHILL: I've had a lot of trouble with this application. Normally I'd prepare at least a half an hour presentation presented a mile a minute at you and leave you all confused and puzzled and basically unable to respond. On this one I am absolutely unable to say anything because in my opinion, but for the ordinance, this would be a permitted use. The parcel is 5½ acres (as you can see) which is three times the 2 acre requirement here in this town. The tennis court is a regulation size tennis court. It's on the north side not an east west access. So it's where it's supposed to be. The 30 foot side yard setback is 150% of the largest requirement of any other municipality in the five eastern towns and all the villages in the five eastern towns. The Sound front topography prohibits the location anywhere else on the property. The tennis court is located where it is proposed to be between a horse ranch which would be its immediate western neighbor and a storage building that you approved here some recent months ago (for Spencer Fischer) as the immediate eastern neighbor. A large abuttment type of storage building. That's the two neighbors on either side of the tennis court. It's located (obviously) therefore, to be away from every residence. It is away from every residence. It's also located so as to avoid any unnecessary clearance of trees. There wouldn't be any clearance of trees in that particular location that there would be anywhere else on the parcel. That is basically the presentation. I assume that maybe you have questions but I'm not accustomed to this one. I don't understand why the town doesn't just go ahead and take a leap into the dark and ap- prove these things as part of the ordinance. CHAIRMA~ GOEHRINGER: I don't know that either sir. But I have to somewhat agree with you except that I find the sur- vey as incomplete. Page 2 - August 14, 1986 Public Hearing-Arthur and Bernadette Burns Southold Town Board of Appeals MR. TOHILL: The survey? CHAIRMAN GOEHRINGER: Yes. And it's incomplete because it does not tell us how far this proposed tennis court is from the south property line. So even if we wanted to grant it, we could not tell you because... Assuming the shed leaves us in some hurri- cane in the near future and you didn't build a tennis court, then we would have no idea where this proposed accessory use would be placed. MR. TOHILL: Yes. Where the baptism should be etched in the con- crete. Ok. I will supplement the record by scolding Howie Young tomorrow morning, and I'll have a letter to Linda in the mail. His field records would have to show, the field notes included, would have to show that dimension. CHAIRMAN GOEHRINGER: Now have you applied for a fence also? MR. TOHILL: For the pool? CHAIRMAN GOEHRINGER: For the tennis court? MR. TOHILL: On the occasion of applying for a building permit that would happen for the pool, there has been in the c.o. is in the process. CHAIRMAN GOEHRINGER: Ok. Unfortunatel~ it precipitates another application because most tennis courts require more than a six foot fence. MR. TOHILL. We have this candidaly, this is, a tennis ball would not get far on this property° The horses would probably retrieve it. CHAIRMAN GOEHRINGER: Well then let me say it this way. The build- ing inspector (in his wisdom) considers this to be a front yard area. Then quite believably, you're only allowed a four foot fence. MR. TOHILL: I think we may get away with it or even less. They don't want a lot of fencing. CHAIRMAN GOEHRINGER: Ok. Let's go into the lighting area then. What type of lighting? MR. TOHILL: Is there any? None at all. CHAIPd~AN GOEHRINGER: Because the most recent one we had wasl the gentleman wanted 35 foot towering lights. MR. TOHILL: Without the shoe box lights. CHAIRMAN GOEHRINGER: So this is a very simple countrified tennis court. Page 3 - August 14, 1986 Public Hearing-Arthur and Bernadette Burns Southold Town Board of Appeals MR. TOHILL: For the family. CHAIRMAN GOEHRINGER: For the family, right. Ok. We thank you very much and as long as you give us that information, I'll close the hearing pending the acceptance of that sir. Would anybody else like to speak in favor of this application? Would anybody like to speak against the application? Questions from Board mem- bers? Hearing no further questions, I'll make a motion closing the hearing and reserving decision until later. Thank you for coming in. Ail in favor - aye. (Transcribed from cassette tapes recorded electronically by Linda Kowalski, ZBA Clerk, during the meeting.) Nadia MoQre Southold Town Board of Appeals MAIN ROAD- ~TATE I~nAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (518) 7~§-180g APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J, DOUGLASS JOSEPH H~ SAWICKI September 17, 1986 Anthony B. Tohill, P.C. 12 First Street P.O. Box 1330 Riverhead, NY ll901 Re: Appeal No. 3532 Arthur Burns (Variance) Dear Mr. ~Tohill: Enclosed please find a copy of the official findings and determination recently rendered by the Board of Appeals and filed this date with the Office of the Town Clerk concerning your application. In the event your application has been approved, please be sure to return to the Building Department for their authoriza- tion of any new construction, or for other written documents as may be applicable. If you have any questions, please do not hesitate to call either our office (765-1809) or that of the building inspector (765-1802). Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda F. Secretary Enclosure Copy of Decision to: Building Department Suffolk County Planning Commission Kowalski . EN, Vu.uant to ~0n ~7 of held by-t~. ~WN ~ OF at the ~uthold ~n Hall, M~n Rold, 7:30 p.m. on THURSDAY, AUGUST 14, 1986 and as follows: ~ 7:35 p.m. Ap~ No. 353~ GEORGE AND PAT BROWN. Variance to ~e ~M~ Or- dinanc~ Article [11, Section ~-31, Bulk ~h~ul~ fo~ per- mission to constr~ d<k addi- tion to dwelling ~ ~du~ion of existing .nonconforming sid~ard ~tbnck, ~ 1~ Bri~- wo~. ~ ~ogu~ NY; County .~ M~I 1~13~1-3. 7:~ p.m. Ap~ No. 3477- WILLIAM AND KATHERI~ H~N~ V~ to the ~ning Or~n~ ~i- cie 111, Sec~on 1~31, Bulk Schedal~ for ~p~ of ~uf- ficient ~, wid~ ~d d~th of two p~e~ ~ th~ pm~. division or ~t-off of ~d. located along the north side of Main Road, Orient, NY; ~un, ty Tax Map Parcel No, 1~19-2-5 and 6. 7:50 p.m. AppeM No. 3520- THOMAS SHAL~Y. to the ~ning OMi~no~ cie I11, ~ction 1~31,,'Bulk~ ~[~UNTY OF SUFFOLK STATE OF NEW YORK located along the south side Case Road, Cut.~,.ogue' NY~ Co¥~W ~ MaP. Parcel No~ 1~-H6-2-15 ~d 16. NADE~E BU~ ~i~ to the ~ning OMi~n~ A~i- cie Ill, Seaion 1~3~C) ~d 1~-32, for permi~ion to struct accnsom t~i$ the front~ ~ at Private ~ad N~ 13 {fi$ht-of~ way extending off'~e end Ruth Road) Mattimck~ ~un~ ~y Tax Map 'Parcel No~ ~ 8:05 p.m. Ap~ No. 3433~' GAlL DESSIMOZ' MICHAEL ~C~ for approv~ of,~s, %rk %wn ~W, ~lon 28~ o~er p~ ~ as Hall~k ~~ ding offt~~ Avenu~ Mat~t~ ~ (over ~d ~o~ ~ Simmons ~d ~ County ~ Map ~l SS: Patricia Wood, being duly sworn, says that sh Editor, of THE LONG ISLAND TRAVELER-WAT( a public newspaper printed at Southold, in Suffolk and that the notice of which the annexed is a print. has been published in said Long Island Traveler-W once each week for / successively, commencing on the '-:) / ...... _ .... Sworn to before me 8:40 p.m. Appeal No. 34?8-BECKY JOHNSTON, · Variances f6r:, (1) Building ln- spectdr to inue building permit allowing existing structure to be weatherized, prior to final 280-a access approval, and (2) ap- proval of access in accordance with New York Town Law, Sec- tion 280-a, over private ri~ht-of- way extend~n~ lmm the norther- ly end of Bddge Lane Extension Schedule, for appruOlfl of inluf, ~ ficient area, width and depth of.?i; and Oreaon Ro~ owa>l~u~of two parcels in this pruPOsed~i{ Bold.ns, idanfift~l on the Suf- folk County T~x Maps as division or set'off of land~ :/ 100-73-2-4, to premises 'of Johnston, fd~tifled on the Suf- folk C~nty l~x Maps as 1~73-~1. . ~.~m. Ap~l No 3513- S~p~EN SHILOWITZ. ~ to the ~ning Or- ~n~ ~icle XI, ~tion I~II9,~B) for ~lon to com~' ~ndom~um ~m- pleXes' within 75 feet of ~ ~d fi~ ~ter, at the ~t ~ of S~th St~, O~n- ,~H, Ny; .1~1-25.1 ~ne D~fi~ "MIL~t Multiple" ~d~ ~e'~ of~Ap~als will ~ ~ ~d time ~d p~ce all ~m or ~ti~ d~ir- ~ ~ ~ h~ in ~ch of the, ~ h~s, Written com- mm~ ~y ~so ~ submitted p~f~ th~ conclusion of the ~}~ ~. ~r mo~ mfor- ma[ion,, ple~ c~l 765-18~. DaSd: July 17, 1986 BY ORDER OF THE SOU~OLD ~WN ~OARD OF APPEALS GERARD P. GOEHRINGER. CH,,dl~,vl AN .. this ~.~..~.'. ~.~': .~z .... lotary Public BARBARA FORBFS y l'ublic, Stt*te of New York lalified itl Suffolk County ssion Expire~ ~-~--~ ~/ 19 ~g~ 8:10 p.m. Appeal No. 35~- RAYMOND T. GOODWIN~ Variances to the Zonhl$ Or. dinance: (1) Article IlL ff~ctlon 100-31, Bulk Schedule;for per- mission to construct kitchen ad- dition with an insufficient westerly sideyard setback and in- sufficient total sideyards; (2) Ar-' tide XI, Section 100-119.2(B) for permission to construct kitchen and deck additions with an in-' sufficient setback from the highwater mark along Peconie Bay, at 4450 Peconic Bay BouleVard, Laurel, NY; County Tax Map Parcel No. 1000-128-4-22.2. 8:15 p.m. Appeal No, 3533- JOHN AND -: JEANNE BREDEMEYER. Variance to the Zoning Ordinance, Article 111, Section 100-31, Bulk Schedule, for permission to locate single-family dwelling structure within 75 feet of or- dinary highwater mark along Orient Harbor. Location of Pro- perty: West side of Bay Avenue, Orient, NY; County Tax Map Parcel No. 1000-26-1-8. 8:20 p.m. Appeal No. 3539- MICHAEL HERBERI: Special Exception to the Zoning Or- dinance, Article 111, Section 100-30(B)[16] for tmrmission to establish "Bed and Breakfast use;' an owner-occupied building, other than a hotel, where lodging and breakfast is provided for not more than six' casual, transient roomers, and renting of not more than three rooms. Location of Property: 79t Pike Street. Mattituck, NY; County Tax Map Parcel No. 1000-140-2-23. Zoning District: '%" Residential and Agricultural. 8:25 p.m. Appeal No. 3422- JOHN J. NEWMAN. Variance to the Zoning Ordinance, Arti- cle XI, Section 100-119.2(B) for permission to construct addi- tions to dwelling within 75 feet of high water and existing bulkhead along James Creek, at 430 Sailors Needle Road, Mat- truck, NY; County Tax Map Parcel No. 1000-144-5-29.1 and 30. 8:35 p.m. Appeal No 3535- NORTH FORK FRIENDS OF KENYON TUTHILL. Variance to the Zoning Ordinance, Arti: cie 111, Section 100-30 for per- mission to use premises for a ,special fund-raising event in conja~ietion '~ with~ 'fireworks display, at premises of W.F. and T.A. LaMorte, 895 North Bayview Road, Southold, NY; County Tax Map Parcels No. 1000-70-13-20 (20.1 to 20.21, inclusive). Legal NdOlces NOTICE OF HEAR~'GS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town l~w and the Code of the~ Town of 8antbald, the following public hearings will be held by the SOUTH~LO TOWN BOARD OF APPEAL8 at the 8outhold Town Hall, Ma/n Road, Seuthold, NY at a Regular Meet. lng commencing at 7:30 p.m. on THURSDAY, AUGUST 14, 1986 and as follows: · 7:35 p.m. Appeal No. 3536 - GEORGE AND PAT BROWN~ Variance to the Zoning Ordi- nance, Article III, Section 100- 31, Bulk Schedule, for perm/s- sion to construct deck addition to dwelling with reduction of exist. lng nonconforming aideyard set. back, at 150 Briarwood Lane, Cutobagno, NY; County Tax MaE Parcel No. 1000-136-1-3.- 7:40 p,m.' Appeal No~ 8477 . WII.!.I~,M AND KATHERINE HEINS. Var/once to the Zoning Ordinance, Article II/, Section 10/7-31, Bulk Schedule, for ap-' Veovel ofinoufficient area, width ami &~,h'of two parcels in this, proposed d/v/sion or set-off of l-mi located ~long the north side ~ui No. District: 'A Rasidelati~l~ed Ag. :/cultural. 8:25 p.m. Ap~l No. ~2 - IOHN J. NEWM~. V~n~ o the ~nin~ O~i~, A~icle ~], ~tion 100-119.2{B)for ~- ~ission ~ ~t~ ~tion ~welBng wi~in 75 f~t of ~ater and existing bulkhead ~ong Jam~ C~k, at 430 oilers N~]e ~d. ~Rituck, W; County Tax Map P~I No. ~o-144-5-29.1 and 30. 8:35 p.m. Ap~SI No, 3535 - ORTH FORK FRIEND~ OF .ENYON TU~IL~ Variance , the ~ning O~i~n~, ~icle I, ~ction 1~-30 for~mi~ion ~ u~e premiss for a s~ial ~nd- ~isin~ event in ~un~on wi~ reworks display, at p~s of '.F. and T.A. ~Mo~, 895 ~rth Bayview ~ad, ~u~old, Y; County Tax Map Patois ~00-70-t3-20 (20.1 to 20.21, in- 8:40 p.m. Appel No, 3478 ECKY JO~S~N.. V~- ~ces for: ill Building issue building ~Fm/t ~lowing -ized, prior ~ final 2~-a acce~ oproval, and (21 approval ofac- ork Town Law, ~ction 280-a, -,er private right-of-way ex~nd- g fi'om the no~herly end of :idge ~ne Ex~ion ~d )n Road, over Jan~ of Bokina, Ientifi~ of the Suffolk Count~ 7:50 p.m. Appeal No. 3520 - THOblAB SHALVEY. Vari~ ante to the Zoning Ordinance, Article Ill, Section 100-31, Bulk Schedule, for approval of insuffi- cient area, width and depth of two parcels in this proposed dwi- sion or set-off of land located along the south aide of Case Road, Cut~hogue, NY; County Tax Map Parcels No. 1000-116-2- 15 and 16. ~ /~ 7:55 p.m. Appeal No. 3532 - ARTHUR AND BER- NADETTE BURNS. Variance to tho Zoning Ordinance, Article '~ IH, Section~ 100-30(C) and 100- 132, for permission to co~truct ! accessory tennis court in the [ frontyard area, at 3525 Pri~ate Road /+13 (right-of-way extend- lng off the end of Ruth Road), Mattituck; County Tax Mnp Par- ',~1 No. 1000-105-1-4. ~ 8:05 p.m, Appeal No. 3433 - GAIL DESSIMOZ AND MICHAEL RACZ. Variance for approval of access, New York Town Law, Section 280-a, over private right-of-way known as Halleck Lane and referred to as Private Road #10, extending off the north side of Sound Avenue, Mattltuck, New York, (over and along lands of Charles Simmons and Edward Harbes). County Tax Map Parcels No. 1000-112-1 - 7 & 8, and to Parcel No. 1000- of Main ~a.,, Orient, NY; 112.1-4 map Pa.~lels No, 8'10 n m Anr~al No 3530 - ~q~.lp-,~6,~od~ .............. ~t~i~oN~ .w.. -OOOOW~N: Tax Maps as 1000-73-2-4, to premises of Johnston, identified on the Suffolk County Tax Maps as 1000-73-2-1. 9:00 p.m. Appeal No. 3513 ~"EPHEN SHILOWITZ. Vari- ance to the Zoning Ordinance, Article XI, Section 100-119.2(B) for permission to construct con- dominium complexes within 75 feet of bulkhead and tidal water, at the west side of Sixth Street, Greenper:, NY; 1000-49-01.25.1. Zone District: "M-Light Multi- ple'' Residence. The Board of Appeal~ will hear at said time and place all persons or representatives desiring to be heard in each of the above h~ar- ing8. Written comments may also be submitted prior to conclusion of the subject hearing. For more information, please call 765-1809. Dated: July 17, !986. BY ORDER OF TIlE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN 1TJy31-5317 eVariances to the Zoning Ordi- once: (1) Article III, Section 00-31, Bulk Schedule, for per- mission to construct kitchen ad, dition with an insufficient we~ terly sideyard setback and insuf- ficient total sideyards; (2) Article XI, Section 100-119.2(E) for per- mission to construct kitchen and deck additions with an insuffi- cient setback from the highwater mark along Peconic Bay, at 4450 Peconic Bay Boulevard, Laurel. NY; County Tax Map Parcel No. 1000-128-4-22.2. 8:15 p.m. Appeal No. 3533 - JOHN AND JEANNE BRE- DEMEYER. Variance to the Zoning Ordinance, Article II1, Section 100-31, Bulk Schedule, for permission to locate single- family dwelling structure within 75 feet of ordinary highwater mark along Orient Harbor. Lace- ~ tion of Property: West Side of Bay Avenue, Orient, NY; County Tax Map Parcel No. 1000-26-1-8. 8:20 pin. Appeal No. 3539 - MICHAEL IIERBERT. Special Exception to the Zoning Ordi- nonce, Article [II, Section 100- 30(B)[ 16] for permission to estab- lish "Bed and Breakfast use," an owner-occupied building, other than a hotel, where lodging and breakfast is provided for not more than six casual, transient roomers, and renting of not more than three rooms. Lseation of Property: 795 Pike Street, Mat- titUCkl Ny { County Tnx/Vl~p Par.- · STATE OF NEW YORK ) ) SS: COUNTY OF SUFFOLK ) Katherine Bondarchuk ofGreenport, in said County, being duly sworn, says that he/she Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Graenport, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed ia a printed copy, has been regularly published in said Newspaper once each week for weeks successively, commencing on the 3 ]_~__ dayof July 19 .... 86 Pnncipal Clerk APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H SAWICKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 2.5 SOUTHOLD, L.I., N.Y. 11:J'71 TELEPHONE (516) 765-1809 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time and date of the public hearing concerning your recent application is a copy of the Legal Notice as published in the L.I. Traveler- Watchman, Inc. and Suffolk Weekly Times, Inc. Someone should appear in your behalf during the public heariag in the event there are questions from board members or persons in the audience. Please be assured that your public hearing will not start before the time allotted in the Legal Notice. If you have any questions, please feel free to call our office, 765-1809. Yours_ very G~ERARD P. GOEHRINGER CHAIRMAN Enclosure Linda Kowalski Secretary and Board Clerk JUDITtl T. TERRY TOWN CL~RK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 June 24, 1986 To: Southold Town Zon,ing Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3532 application of Arthur and Bernadette Burns for a variance. Also included are accompanying papers as outlined in the letter of transmittal from Anthony B. Tohill,dated June 12, 1986. Judith T. Terry Southold Town Clerk Southold Town Board of Appeals HAIN RnAD- STATE RI3AD 25 50UTHOLD. L.I., N.Y, 11971 TELEPHONE (516) 765-1609 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI June 16, 1986 Anthony B_[,___IJ:UL[.ll, Esq. 12 ¢~e~-Street~) Riverhead, NY 11901 Re: Application of Arthur Burns Attention: Pam Dear Pam: Returned for completion and attachment of certified mail receipts are the three neighbor forms concerning the above matter. postmarked notice Upon receipt of the above, we will file the applica- tion and schedule same accordingly for a public hearing, which is expected on or about July 17th. Yours very truly, Enclosures Ltnda Kowalski Zoning Board of Appeals Town of Southold Main Road Southold, NY 11971 June 12, 1986 RE: Application of Arthur Burns, Private Road, end of Ruth Road, Mattituck Gentlemen: Enclosed in connection with the matter in caption please find the following: a) b) c) d) e) f) Application for Building Permit. Application to Zoning Board of Appeals in triplicate. Copy of Notice to each Adjoining Property Owner. Short Environmental Assessment Form and Wetlands Form. Six copies of current survey. My check to your order in the sum of $75. Please advise when this matter will be heard. Very truly yours, Anthony B. Tohill ABT:pk Encls. cc: Arthur Burns ANTHONY B. TOHX~L, P. G. August 15, Southold Town Board of Appeals Main Road State Road 25 Southold, NY 11971 Attention Gerard P. Goehringer, Chairman RE: Agenda - 8/14/86 - 7:55 P.M. - Appeal # 3532 Arthur and Bernadette Burns Dear Mr. Goehringer: Kenneth Ambruzzo at Young and Young advised me that the distance between the south end of the tennis court and the south property line is 365 feet. ABT:kf Very truly yours, ANTHONY B. TOHILL Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SnUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS August 14, 1986 GERARD P. GOEHRINGER, CHAIRMAN CHAR LES GRIGONIS, JR. S · E · Q . R · A . SERGE DOYEN, JR. ROBERT J. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWICKI Notice of Determination of Non-Significance APPEAL NO.: 3532 PROJECT NAME: ARTHUR AND BERNADETTE BURNS 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. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. ¥ Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [..] Type II ~ ] Unlisted [ ] DESCRIPTION OF ACTION: Construct accessory tennis court in the front yard. LOCATION OF PROJECT: Town of Southold, County of Suffolk, particularly known as: 3525 Private Road #13, Mattituck, NY 1000-105-1,4 more REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) Construction proposed is landward of existing structures. FOR FURTHER INFORMATION, PLEAS~ CONTACT: Linda KowalsRi, Secretary, Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. Southold Town Board of Appeals MAIN ROAD- STATE: ROAD ~-5 SOUTHI-ILD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWtCKI July 11, 1986 Anthony B. Tohill, P.C. ~ ' ~Box 744 Riverhead, NY 11901 Re: Appeal No.3532 - Arthur & Bernadette Burns (Variance) Dear Mr. Toh~ll: Ibis letter will acknowledge receipt of your recent applica- tion. /he Members of the Board of Appeals will be conducting field inspections an~ en¥ironmental re¥iew$ as may be required by State and Local taws prior to their scheduling your application for public hearing. Although the earliest available date for public hearing at this time is on or about August ~th , written confirmation will be sent to you within the next couPle of weeks. A copy of the legal notice of hearings will be sent to you prior to publication in the Suffolk Times and L.I, Traveler-Watchman by our office. Please feel free to call if you have any questions. Yours very truly, mc Enclos.ure CReceiptk GERARD P. CHAIRMAN By Linda GOEHRINGER Kowalski TOWN OF SOUTHOLD, NEW Yo~L~ APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE .............................. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ..... Nome of Appellant Street and Number Ruth Road), Matt±tuck ...... .N...Y. ................. HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) Name of Applicant for permit of 3525 Private Rd. #13 (End of Ruth Rd) Mattituck, NY Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY (x) Tennis Court permit 1. LOCATION OF THE PROPERTY .~..~.....o.~....~...q~..R.o.a.~ ........................ .A.....R..e...s..i..d..e...n..t..'.z.9.1.. ..... Street Use District on Zoning Mop SCTM 1000-105-01-004 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 Ordinance.) 100-30(c), 100-32 3. TYPE OF APPEAL Appeal is made herewith for (x) A VARIANCE to the Zoning Ordinance or Zoning Map (to install tennis court) ( ) 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 (X~s,~(has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinance (x) Applicant wishes to install tennis court as Young & Young dated May 23, 1986, is requested for the reason that per annexed drawing of F0~ ZB~ (Continue on other side) June 23, 1986 Ms. Linda Kowalski Southold Town Board of Appeals Main Road, State Road 25 Southold, NY 11971 RE: Application of Arthur Burns Dear Ms. Kowalski: Per your letter of June 16, 1986, enclosed is the Notice to Adjacent Property Owner with proof of mailing notice completed and attached together with certified mail receipts. I'll appreciate your now scheduling the public hearing on this matter and advising my office of the exact date and time. Thanks for your help. ABT:pk Enc. Very truly yours, Anthony B. Tohill PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Douglas & Frances M. Cooper Bergen Avenue Mattituck, NY 11952 Mr. & Mrs. Warren B. Brady Bergen Avenue Mattituck John T. & Arlene T. Ford P 263 383 214 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED-- NOT FOR INTERNATIONAL MAIL (See Reverse) 5 Leeland Drive Hauppauge, NY 11788 2O COUNTY OF SUFFOLK L~hda M.,~$ing, le Hampton Bays, NY of June , 19 86 , residing at 13 Westerly Road , being duly sworn, deposes and says that on the 20th 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 Ret opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at Riverhead (certified) klqli:~er~d:) mail. Sworn to before me this 20th day of June~ .19 86 ~Notary'Public BERNADETTE NOTARY pUBLIC, State of New No. 59-4654087 Qualified in Su~foL~ County Commission ~xpJres March 30, ; that said Notices were mailed to each of said persons by NDA M. SINGLE × (This side does not have to be completed on form transmitted to adjoining property owners.) BOARD OF APPEALS. TOWN OF SOUTHOLD In the Matter m' the Petition of ARTHUR BURNS 1~o the Board of Appeals of the Town of Southold TO: Douglas A. & Frances M. Cooper Bergen Avenue Mattituck, NY 11952 NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (~pe~tilcRJ~el~lto~{~M~lalclt~H~x~3oa~lt~f~x [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- crlbed as follows: SCTM 1000-105-01-004.000 3. That the property which is the subject of such Petition is located in the following zoning district: A Residential 4. That by such Petilion, the undersigned will request the following relief: Installation of tennis court 30 feet east of westerly boundary line, South if inground pool, and north of shed in front yard of premises. · $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article III Section 100-30 {c) and [ ] Section 280-A, New York Town Law for approval 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 Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such .hearing in the Suffolk Times and in the Long Island 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: ~' June 2, 1986' . Petitioner Arthur Burns Owners'Names: Arthur Burns PostOfficeAddress 530 East 72nd Street New York, NY 10021 BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of ARTHUR BURNS to the Board of Appeals of the Town of Southold : TO: Douglas A. & Frances M. Cooper Bergen Avenue Mattituck, NY 11952 YOU ARE HEREBY GIVEN NOTICE: NOTICE TO ADJACENT PROPERTY OWNER 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (~c£m~el~l~(i~ra~--~lcR~x~F~dfMf~x [circle choice] ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: $CTM 1000-105-01-004.000 3. That the property which is the subject of such Petition is located in the following zoning district: A Residential 4. That by such Petition, the undersigned will request the following relief: Installation of tennis court 30 feet east of westerly boundary line, South if inground pool, and north of shed in front yard of premises. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article III Section 100-30 (c) and 100-32 [ ] Section 280-A, New York Town Law for approval of access over right(s)-0f-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, $outhold, New York and you ma), then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeats; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: June 2. 1986' Petitioner Arthur Burns Owners'Names: Arthur Burns PostOfficeAddress 530 East 72nd Street New York, NY 10021 R2.~3~ 383 215 RECEIPT FOR CERTIFIED MAIL · N0 iNSURANCE COVERAOE PROVIOE0-- NOT FOR INTERNATIONAL MAIL P263 383 214 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED-- ~: NOT FOR INTERNATIONAL MAIL :: ' (See Reverse) SENTTO Douglas A. ~ Frances M. --Cooper ~5~ ~- Avenue P.O, STATE AND ZiP CODE Mattituck, NY 1195~ POSTAGE ,$ ~ ~ SHOWTO~HOM, OATE. g ~ ~ OELIVERY ~ 0z ~ S~"TOWHOMANOOATE · REASON FOR APPEAL Continued 1. STRICT APPLICATION Of: THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because tennis court is customarily an accessory use in single family residential district. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because applicant seeks to install tennis court in open area of parcel 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because character of area is mixed at present time. STATE OF NEW YORK ) COUNTY OF ) S~gnature Sworn to this ............... .(e ............................. day of ..... June .......................... 1986 The ;~,Y.%. in mission of this made by this boa m, and an envlronmer~tal ~iew will be before any action is take~ SHORT EN';IRO:~,*'.EUT~L A_S=S,~M~JT F~P.W (a) In order to answer the questions in this short £AP is is ass~-.ed that the preparer will use currently available information concerning the proJec: and the or o%her inves:iEm%lons w~i be ~derta~en, (b) If any question ha~ been answered Yes tho proJec% ~y be si~iflcan: and completed Eavlro~en~al Assessment Fo~ i~ ~eces~arl. (c) If all questione have been answered No 1% is l~ely t~t this project ~9~ significan~. (d) ~viror~ent al 1. W~I project reset in a large physical ch~n~e to the project site or physically alter mots t~n 10 acres of land? , , , , . . , · · · · Yes ~ No 2. Will there be a ~Jo~ chanEe to any ~lgue o~ unusual land foI~ fo~d on the site? · · , · Yes . x 3. W~l project alter or ~ve m lares effect on an existing body of water? . . . ~ . · , · · Yes x No &. W~I project have a potentially large ~ on ~o,~dwater quality? · · · · . · · · · · · Yes x No ~. W~I project si~ificantly effect drayage ~ on adjacent cites? · · · · · · · · · · · Yes ~ No 6. Will project affect any %~eatened or endangered plant or anal species? . . . . ~ . . · · · Yes x No 7. W~I project reset in a major adverse effect on 8, W~I project have a =m jot effect on visual acter of =he community or scenic views or vistas kno~ to be ~portant to the com.~unl%y? . , . .,, Yes X No 9. Will project adversel~ ~pact any cite or st~c~ ute of his=eric, pre-historic, or paleontological im~ortance or any site desl~azed as a critical enviro~en~l area by a loca~ a~ency? . · · Yes x No 10. W~l project have a ~Jor effect on exist~E Or future recreational opport~ities~ . · , Yes ~ Nc ll. Will project result in ~Jor traffic problems or 12. Will project reg~arl7 cause objectionable noise, Elate, vibration, or electrical ante as a reset of the project's operation? . Yes x No 13. Will project have any impact on public health or l&. Will project Affect the existing co. unity by directly causing a ~rowuh in permaneot pop.a- t!on of more ~nan 5 percen% over a one--year period o~ have a major negative effect on the character of %ne cor.~tty ~r ne~n~orhoco?. , Yes x No PREPARER,3 S.GLATt~ .... . TI~E: Owner {Today's Date) To: Re: Southold Town Board of Appeals Main Road Southold, NY 11971 Appeal Application of Arthur Burns Location of Property: 3525 Private Road #13 Road), Mattituck, New York (End of Ruth Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 NYCRR, Part 661, and Article 25 of the New York - State Environmental Conservation Law, please be advised that the subject property id the within appeal application: (please check one box) [ ] May be located within 300 feet of tidal wetiands; however, constructed along the water-lying edge of this property is a bulkhead in very good condition and at least 100 feet in length.* [ ] May b~ 'located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in need of (minor) (major) repairs, and approximately feet in length. [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. [ ] May be located within 300 feet of tidal wetlands; .and there is no bulkhead or concrete wall existing on the premises. -Ix ] Is not located within 300 feet of tidal wetlands to the best of my knowledge.* [Starred items(*) indicate your property does not appear to fall within the jurisdiction of the N.Y.S.D.E.C.] ( easel AR~.U.R. BURNS ' NOTE: If proposed project falls witglin D.E.C. jurisdiction, approval must be received an.~ submitted to our office before your application can be scheduled for a public hearing. iSU~NO NOTES: SUFFOLK CO TAX MAP DIST. 1000 SECT [1~_5 BL 0~1 LOT ~ 2 TOTAL AREA= 5.483ACRES S II.-'MONUMENT SURVEY FOR ARTHUR BURNS AT TOWN OF SUFFOLK MATTITUCK SOUTHOLD COUNTY, NEW YORK DATE DEC. 6,1985 YOU.D "YO~/N~ 400 OSTRANI~ R ALDEN W. YOU'~IS~NYS PE 9 HOWARD W YOUNG~N YS, L S. [