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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