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. [