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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