HomeMy WebLinkAbout4069
Southold Town Board ®f Appeals
MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
rr� TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN.
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
James Dinizio, Jr. ACTION OF THE BOARD OF APPEALS
Robert A. Villa
Appl. No. 4069:
Application of TROY AND JOAN GUSTAVSON for reversal of
determination of the Building Inspector, or alternatively a
Variance to the Zoning Ordinance, Article III, Section
100-31C( 4b) {by reference to Article X, Section 100-101C) for
permission to establish lighting for after-dark use of an
accessory paddle ball court (also referred to as a platform
tennis court structure) . " After-dark use is prohibited under
the provisions of the zoning ordinance relative to accessory
tennis court structures. Location of Property: 7785 Main Road,
Mattituck (Laurel School District) , NY; Lot #1, Minor
Subdivision Map of Sunbow Associates; County Tax Map Parcel No.
1000-122-6-29 . 1.
WHEREAS, after due notice, a public hearing was held on
becember .16, 1991, and 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 personally viewed and 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. A Notice of Disapproval was issued on November 1, 1991
by the Town Building Inspector for the issuance of a modified
permit to have lighting for after-dark use relative to an
accessory platform/tennis court structure. For the record, it
is noted that a building permit was issued on August 29 , 1991
" . . .to install (accessory) platform tennis court as applied for
with no lighting for after dark use and no-t to exceed 18 feet in
height (see Permit 420109) .
2. It is the intention of the owners/applicants to utilize
the accessory platform •tennis court structure for after dark
hours as well as using built-in lighting as may be necessary
Page 2 Appl. No. 069
Application of TROY AND JOAN GUSTAVON,
Decision Rendered December 16, 1991
before dark or after dark. The two-tube low-intensity
flourescent (quartz) lighting is located along the inside top
portion of the walls of the court, approximately 18 to 20 fIeet
above the deck aimed directly at the interior of the court
surface. The outside dimensions of the court are 31 ft. deep by
61 feet long, containing a total area of 1 ,891 sq. ft. This
court is considered an accessory use and an accessory structure
located separately from the principal building in the .rear yard
area. The setbacks of the court are shown to be at not less
than 10 feet from the westerly property line and 16 (+-) feet
from the northerly rear property line. This platform/tennis
court structure shall be operated only as an accessory use
incidential to the existing principal use of the premises, and
may not be operated for profit and/or as a separate business
venture.
3 . The premises in question is known as Lot 41 on the
Subdivision Map of Sunbow Associates and contains a total lot
area of 49,585 sq. ft. All improvements to this parcel as
exist are shown and described on the site plan map prepared by
Garrett A. Strang, R.A. as revised July 25, 1991. A copy of
Certificate of Occupancy No. Z16874 dated May 16, 1988 was
furnished for the record concerning the newly constructed
newspaper building.
4. It is also noted that the reviews have been made and
site plan approval received from the Southold Town Planning
Board for the subject accessory platform tennis court structure
(which site plan map did not show additional lighting but did
site the footprint of the structure) .
5. It is the position of the Board in considering this
application that the Building Inspector was correct in his
determination that a variance was necessary for lighting with
intentions for after-dark use of the platform tennis court. It
is also the position of the Board that since the hours of
daylight vary from month to month, it would be appropriate to to
define further the intent of the limitation of the use by the
wording of Article III , Section 100-31C( 4b) of the zoning
ordinance, which restricts use "to before-dark or during
daylight use" to hourly use to normal daylight hours and in no
event later than 10:.00 p.m. during any and all times of the
year.
NOW, THEREFORE, on motion by Mr. Villa, seconded by
Mr. Goehringer, it was
RESOLVED, to GRANT a Variance in the Matter of the
Application of . 4069 for a building permit for built-in lighting
as described in Paragraph #2, supra, and to permit after-dark
Page 3 - Appl. No. 4069
Application of TROY AND JOAN' GUSTAVON
Decision Rendered December 16, 1991
use of the accessory platform tennis court structure, SUBJECT TO
THE FOLLOWING CONDITIONS:
1. After-dark use is limited to 10: 00 p.m.
2. The accessory structure shall not be used as a
Profitable business use, and its future use shall not be
governed by the collection of fees.
3. The platform tennis court structure shall be used only
as an accessory use incidential to the principal use of the
premises.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen,
Grigonis, Dinizio and Villa. This resolution was duly adopted
(5-0 margin) .
lk
GERARD P. GOEH INGER, AIRMAN
APPEALS BOARD MEMBERS r� ;`�1��� ' SCOTT L.HARRIS
!l, Supervisor
Gerard P.Goehringer,Chairman ;,a: ;.•. 4 v � p
Charles Grigonis,Jr.
Town Hall,53095 Main Road
Serge Doyen,Jr. v, 4,
James Dinizio,Jr. ' ,"' ! '" P.O.Box 1179
`� '�` Southold,New York 11971
Robert A.Villa
!- .�o^ 'ry Fax(516)765-1823
Telephone(516)765-1809 -; , 'r Telephone(516)765-1800
BOARD OF APPEALS
TOWN OF SOUTHOLD
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 matters
will be held for public hearings before the SOUTHOLD TOWN BOARD
OF APPEALS at the Southold Town Hall, 53095 Main Road, Southold,
New York 11971, on MONDAY, DECEMBER 16, 1991 commencing at the
times specified below:
(1) 7: 35 p.m. Appl. No. 4066 - PELLIGRINI WINERY.
Special Exception to the Zoning Ordinance, Article III, Section
100-31B.13 for permission to establish winery use for the
production and sale of wine produced from grapes primarily grown
in the location of this vineyard. Location of Property: North
Side of Main Road (State Route 25) , Cutchogue, NY; County Tax
Map District 1000, Section 109, Block 1, Lot 8.7; bounded on the
west by Alec and Cross, north by Jablonski, east by Carnation
Properties, south by Main Road.
( 2) 7:40 p.m. Appl. No. 4067 - PAOLO LAVAGETTO. Variance to
the Zoning Ordinance, Article IIIA, Section 100-30A (Section
XXIV, Section 100-244B) for permission to construct garage and
Page 2 - Legal NotiL__
Hearings for December 16, 1991
Southold Town Board of Appeals
storage addition with reduction in the (westerly) side yard
setback on this corner lot. The subject parcel contains a total
lot area of 17 ,287 sq. ft. and is located in the R-40 Zone
District. Location of Property: South Side of Mason Drive and
the West Side of Broadwaters Drive, Cutchogue; County Tax Map
Parcel No. 1000-104-7-7 .
( 3) 7: 45 p.m. Appl. No. 4047 - ETHEL H. BETZ. Variance to
the Zoning Ordinance, Article III, Section 100-30A and Section
100-31A.3 , Bulk Schedule, for approval of insufficient lot area
and width of two parcels in this pending set-off division.
Location of Property: Northeast side of Calves Neck Road,
Southold, NY; County Tax Map Parcel No. 1000-63-7-34 and 35.
(4) 7:50 p.m. Appl. No. 4068 - ELEANOR SIEVERNICH. Variance
to the Zoning Ordinance, Article XXIII, Section 100-239 and
Article III, Section 100-32 for approval of proposed Lot #1 and
Lot #2, each having a reduction of the total lot area due to
wetlands, and for approval of insufficient width (frontage) of
Lot 42. Location of Property: Easterly side of Cox Neck Road,
Mattituck, NY; County Tax Map Parcel ID 4100-0-113-8-5
containing a total of 3 .7648 acres.
( 5) 8: 00 p.m. Appl. No. 4069 - TROY AND JOAN GUSTAVSON.
Request for reversal of determination of the Building Inspector,
or alternatively a Variance to the Zoning Ordinance,: Article
�a�e 3 - Legal Noti,
Hearings for December 16, 1991
Southold Town Board of Appeals
III, Section 100-31C( 4b) {by reference to Article X, Section
100-101C) for permission to establish lighting !'for after dark
use of an accessory paddle ball court (also referred to as a
platform tennis court structure) . " After-dark use is prohibited
under the provisions of the zoning ordinance relative to
accessory tennis court structures. Location of Property: 7785
Main Road, Mattituck, (Laurel School District) , NY; Lot #1,
Minor Subdivision Map of Sunbow Associates; County Tax Map
Parcel No. 1000-122-6-29.1.
The Board of Appeals will at said time and place hear any
and all persons or representatives desiring to be heard in the
above matters. Written comments may also be submitted prior to
the conclusion of the subject hearing. Each hearing will not
start before the times designated above. For more information,
please call 765-1809 or visit our office.
Dated: November 29, 1991. BY ORDER OF THE SOUTHOLD
TOWN BOARD OF APPEALS
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski
---------------------------------------------------------------x
TO: L.I . Traveler-Watchman, Inc. Delivered 12/3/91
Times-Review, Inc. For Publication
Copies have been forwarded 12/2/91 to the following:
Samuels &- Steelman Architects (Pellegrini Winery)
25235 Main Road
Cutchogue, NY 11935
Rudolph H. Bruer, Esq. (Ethel Betz)
P.O. Box 1466
Southold, NY 11971
FORM NO.3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N.Y.
; Nov 1199I, {
• i 1
i
NOTICE OF DISAPPROVAL
�+ Date . . . .
To
.72 e
. . . . . . . . ' . . . . . :Ad�e San
PLEASE TAKE NOTICE that your application dated . .
for permit to Aa+i-e. 9�r.w+� �� �04 . . . . . at
Location of Property .? 7 8S hj.gA
House No. Street . .Ham/et
County Tax Map No. 1000 Section . . . ./ $A A. . . . . Block . . . . Q e. . . . . . Lot . .4�.�c (. . . . . . .
Subdivision . . . . . . . . . . . . . . . . . Filed Map No. . . . . . . . . . . . . . . . Lot No. . . . . . . . . . . . . . .
is returned herewith and disapproved on the following grounds
. !. . . . . . . 7. . . .
. . . . . . Q, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Bui� ding Inspector
RV 1/80
+ _O,1RO OF 'IIEALTit .
FORM,NO. 1 -`] SETS OF PLANE;
TOWN OF SOUTHOLD ✓' SURVE! - . . .
L . . . . .
BUILDING; DEPARTMENT CIICCK . . . . . . _ _
` - . . . .
TOWN HALL SCVTIC I'ORN
SOUTHOLD, N.Y. 11971 COL
�o/o TEL. 765-1302 ::OT I F'f : ] _ I�� T xamined 19 C,1 L L . . . / _
• C A L T0 : O�
pprovcdR. . . . .... ., 199� Permit No. C� ,.
• / _ ° ..
Ulu 1ng Inspector) . . . ,
APPLICATION FOR BUILDING PERMIT .
Date . � , /� l��
. . . . ., 19
ti INSTRUCTIONS
,a. This application must be completely filled in b �•+, ,y typewriter or in ink and submitted to the Building Inspector, with 3
of plans,accurate plot plan to scale. Fee according to schedule.
b- Plot plan showing location of lot and of buildings on prcmises, relationshipto adjoining
areas, and giving a detailed description of layout of property must be drawn on the diagram Phi his part of hisSappIis-
ion.
c. The work covered by this application may not be commenced before issuance of Building
d. Upon approval of this application, the Building Inspector will issued a Building Permit.
.11 be kept on the premises available for inspection throughout the work, Permit to the applicant. Such permit
e• No building shall be occupied or used in whole or in art for an •'`'a
11 have been granted by the Building P Y purpose whatever until a Certificate of Occupancy
5 ... � Inspector. � 1 ,
APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant t
]ding Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable,Laws, Ordinances or, '
P o the
:ulations, for the construction of buildings, additions or alterations,'or for.removal or demolition, as herein described. .`
applicant a=req, to comply with all applicable laws, ordinances, building code, housing ode, and regulations, and to
:it authorized inspectors on premises and in building for necessary"inspc io s:
(Signature of a lie • ' ' ' 'pp ant, or name, if a corporation)
-failing address of applicant
whether applicant is owner, Iessee, ent, architect, engineer, generll contractor electrician, plumber or buiIdcr
.le o•f ow T.,;p . . . .
ner of remises-s' ► � ,(D :t��5��
:plica is~a7cor,,)rakionsign4tufC'?Of;,'t` '}� gt'tts1AI rol or latest deed) . . .`;,Iry e:1 (as on tduly a�ith,orizcd officer.
(Namee' i'co orate off r)
, F
Buildcr's,Liccnse No • : ,
Plumber's License No ,'• ,
,
Electrician's License No.
Other Trade's Li •'`
tense No. :. . ,
ocation.of land on which proposed work will be done
Ouse Number . . . .
l7.
hmlct '
Junt Tax ,\fa
Y p No lobo Section ���fl �2Z Block 6 /
Lot
:bdlvlslo
I No
• . . . . . . . . . .K c Lot
ate existing use and occupancy of prcttuscs.and intended use and occu` , t
Existing /
panty of proposed'construction � ,
use and occupancy {S. . . tJ may/
IntendNr
ed use and occu rY� ll/ •.� �. tv ,at�.:XI;�` '
t _ '�iL`'�' d `-;cla°',.:
3. Nature of work (check %4hich
Re ait aPP'-'_°-_ale): l�ew Building . . . . . . . . . . Ad ,
°. p • • • • Removal , - - , • , • , , Demolition dition . . . . .literati n
. . . . . . . Other WVcirk T
4 Estimated Cost . . . . J-30d o o . . ... . .
(Dcscnption)
_ .. . . . .. . ' • • . . . . . . . . . . ' . 'Y' FcC . . . . .. .. . . . . . . ... . . . . . . . . . . . . . . .
5. If dwelling, number of dwellinh units , - • , (to lie paid on filing this application)
If garage,',tumber of cars . . . • ' ' ' ' ' • • Number of dwelling units on each floor .
G..� If business, commercial or*
r mixed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • • • • • . . . . . . . . . .
7• 'Dimensions of exi, occupancy, specify nature and c,xtcnt of • • • • 'sting structures, if any: Front . .� ea�•t•yrx ot ;c
Hc;l;ltt . . Numbcr of Stories , . . . . . hear ZL t . •'t$.�)�L�• . .
Dimensions of saute stnrcture with alter. �'• • • • • •
�. Depth . . . . . . , alterations or additions: C'ront � , ,. .. . . . . . . . . .'. . . . . . . . . . . . . . . . . .
. . . . . . . - • . Hcil:ttt Rear .
3. Dimensions of entire new const• • . . • ' ' ' ' ' ' ' • ' • • • • Nutrrlier of'Storics . • • • ' ' '
Height . . . . . . . construction: Front . . . . . . . . . . . . . . . . . . . . .. . .
�. Size of lot:. . . . . . . . . . . . ... . Number of Stories . . . . - • • .Rear . . . . . . . . . . Depth . . . . . . . .
Front•
�. Date of Purchase . . . . . . . . . Rear ' • ' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :. .
. .`:'. . . . . . Depth
1. Zone or use district in which premises are, • • * ' ' ' • Name of Forrner O�
situated . utter
'. Does proposed co a situa . . . . . . . . , . ... • . . . . . . . . . . . . . . . . . . . . . . . .
P P construction violate any zoning law • - • - • ' ' ' ' ' ' ' ' ' ' '
3. Will lot be regraded . . •'. b , ordinance or rel;ulatiori: . . . . . . . . . . .
4. Name of Owner of premises. • � � • • • � • � ' ' ' ' - Will excess fill be removed from premises: - � • - • • - '
•Address r remise:. Yes N
. . . . o
Name of Architect . • • • ' ' ' ' ' ' ' . . . . . . . . .'Pltone No.
n/ ,,}}�� // :'Address t
Name of Contractor !•^ i� Je
• . . . ... Pltone No . . . . . . . ''Is this pro ert wi hip ' • ' ' • • • • • Address .1, �,r�,�tIf Yp South 300t of a tidal wetl n ? ` " ' • •Pltone No. �ia7es, old Towustees Per and :.*Yes. . . . . . . .No. . . . . . ;.�...'.
Permit may be required.
• • • PLOT DIAGRAM ,;
Locate clearly and distinctly all buildings, whether existingor--operty lines. Give street and block number or desert tion accotdin�proposed, and.indicate all set-back durtensions from
renor or corner lot. p b to deed, and show street names and indicate whether
r3l e o
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A.
BUILDING DEPART�--
i6S-1802 -4 , MEtUT AT
FOLLO LV;rV f'N1 TO " PM FOR THE
i - G INSPECTIONS:
,..
i. FOU;�DATIoN
FOR POURED T"Vo REQUIRED
,2• ROUGH _ CONCRETE .
3 FRAMI G & PLU
7 , INSULgrION N. MBING
4. FINAL
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ALL COMPLETE FOR C.O. N MUST 4 b
THE REQUIREM ION SHALT. MEET
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C0 p S•CONSTRU ON THE N.Y.
} �� RE ENERGY
DESIGN STR PONSIB
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ERROR
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.rE OF NEW w
'sti'TY OF tC ��S.S
• (Name of individual signing coat. ct) • • being duly sworn, deposes and says that he is the applicant
named
• n 14
Contr. . . . . d
" ( actor, agent, corporate officer, etc.) • . . . . . .
1 owner or owners, and is duly authorized to perforrn or have perfonncd tltc sa'
ttion; that all statements Contained in this application are true to the best of his kttot `.
ui work and to make and file tlus
Mf be performed in the manner set forth in the application filed therewith. vlc dgc and belief;and that the
to before me this
. . . . . . . . . . / C'
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Notiry ClJ11RE L Gl EW
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RECEIVED
TOWN OF SOUTH OLD, NEW .PORK
APPEAL FROM DECISION OF BUILDING INSPECTOR, ��� 991 APPEAL NO.
Southold Town CIerbATE Nouem0e-r•... 5-;-4991
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N.'Y.
1, (We) ..... .........7.7.86..Mai.n..taad;..:.................:...........
Name' of Appellant Street and Number
Mattituck, . New York....................HEREBY APPEAL TO
.................................... .Municipality.............................. State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
Octob r 23
APPLICATION FOR, PERMIT NO. .................................... DATED .............�.............�.�.9.� ...................
WHEREBY THE BUILDING INSPECTOR DENIED TO
TROY GUSTAVSON
..............................................
Name of Applicant for permit
of ...New... or..k..........
..........................T.'13.tt.1 tUs.k.......................
Street and Number Municipality State
( ) PERMIT TO USE
( ) PERMIT FOR OCCUPANCY
( X) PERMIT for Lighting in Paddle Ball court
1. LOCATION OF THE PROPERTY ..Main Road........................... •..... „•••.••••.B.•.. ............ .......
... .. .. .. .
Street /Hamlet / Use District on Zoning Map
District 1000 Section 122 Bl oc{cQ� Lot 29,1Current OwnerTroy and Joan Gustayson
.......................................
Mop No. Lot No. Prior Owner.
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.)
Article III Section 100 31(c) (Q (h)�V rPfPrPnce to Article X Sectinn ina_>n1(c)
3. TYPE.OF APPEAL Appeal is made herewith for (please check appropriate box)
( X) A VARIANCE to the Zoning Ordinance or Zoning Map
( ) A' VARIANCE due to lack of access _(State of.New York Town Law Chap. 62 Cons. Laws
Art. 16 Sec. 280A Subsection 3
( X) Reversal of I)PtPrmAna inn Ow4l di of ' nng rncr,r.-+
4. PREVIOUS APPEAL A previous appeal (has) (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
andwas made in Appeal No. ....Dated;;.....................................................................
REASON FOR APPEAL
( ) A Variance to Section 280A Subsection 3
( X ) A Variance to the Zoning Ordinance
( X) Reversal of Determination of 'Bui1ding Inspector
is requested for the reason that 1, Lighting in connection with. a Platform Tennis Court is a
permitted use under the Code and 2. If not permitted, a variance should be granted since
lighting is an integral part of Platform Tennis, strict application of the ordinance
would produce hardship, .such hardship is uhique, and the grant would not change the
character of the neighborhood.
Form zni (Continue on other side)
/ Y �
REASON FOR APPEAL Continued
1. STRICT APPLICATION OF THE ORDINAN,C.E, would produce practical difficulties or unneces-
sary HARDSHIP because Platforfl..tonnl.s ais.-.by, .its nature a game played during the winter
and other cold months. During this period natural daylight is shortened and most play
occurrs in the evening. Realizing this situation, almost all platform tennis courts
incorporate lighting around the upper perimeter of the fencing. Such light is directed
downward into the court area and there is not significant -spillage, as-with- the case of
of a tennis court. Moreover, -a platform tennis court is a mere one-quarter the size of a
tennis court in linear dimension, and, the. lights installed at a much lesser height.
This court was purchased on the strength of. an affirmative. response from the town in
connection with an inquiry regarding :the permisability of the court with lighting. A
copy of the response is annexed. Based upon this response and the building permit, the
court was purchased and installed. 'It would be a great hardship to deny the application
at this point.
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 this As the only property in- the -area with
a platform tennis court.
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because there is a vacant lot on one side and a used car
lot on .the other side of.the property. The court is located well off the main road.
4. Lighting for a platform tennis court is a permitted use under the code. Under Section
100-101(e) , accessary uses are permitted in a B district as indicated in Section
100-31(c) (1)-(8) , subject to 100-33. A platform tennis court falls within section.
100-31(c) (1) as it is not specifically enumerated in subsection c(1)-(8) . Since
a platform tennis court customarily includes built in lighting, such a use is
permitted.
STATE OF NEVAYORK ) TP,
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ss ...... .noy
.. ...................................................
COUNTY OF ) Signature
US0N
Sworn to this............�..�-1e� -0................... day of........ . .. ........................ ............. 19 9,j
Notary Public
V11i61NIA MAGINN
Notary Public,State'of New York
No.488Q42
Qualified In Suffoll, County'
Commission Expires March 23, 19� -
• - Y .-�.
TO OF SOUTHOLD PROPERTY-.r-RECORD CARD
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OWNER REET VILLAGE IST. SUB. LOT
FORMEk OWNER N E ACR.
_.
S W TYPE OF BUILDING
RES. SEAS. VL. �,; FARM CO CB. MICS....,., Mkt. Value = =
LAND IMP. TOTAL DATE REMARKS -
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L, 14N - ► -1-ec, G
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Tillable FRONTAGE ON WATER
Woodland FRONTAGE ON ROAD
Meadowland DEPTH_
House Plot BULKHEAD <'
Total
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Floors %L.� _
Extension Fxt. Walls w Interior Finish
_
Extension Fire _.
Place Heat �U`-� (��R, _� C7 �
Porch x U� Pool Attic
,.Deck = Patio Rooms 1st Floor
`Breezeway " Driveway Rooms 2nd Floor
:Garage ,
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n OOUNTY' OF SUFFOLK
L/J�
• . �.
JAN f 719W
_ ROBERT J. GAFFNEY
SUFFOLK COUNTY EXECUTIVE
DEPARTMENT OF PLANNING RTHUR H. KUNZ
DIRECTOR OF PLANNING
January 15, 1992
Town of Southold
Zoning Board of Appeals
Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County
Administrative Code, 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)
Gustayson, Troy & Joan 4069
Very truly yours,
Arthur H. Kunz
Director of Planning
S/s Gerald G. Newman
Chief Planner
GGN:mb
H. LEE DENNISON BUILDING • VETERANS MEMORIAL HIGHWAY `• HAUPPAUGE NEW YORK 1 1788 • (516)853='31 92
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F Southold Town ' Board of Appeals
f;,a -• •,C,� MAIN ROAD - STATE ROAD 25 SOUTHOLD, L,I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
I
GERARD•P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
JAMES DINIZIO,JR.
ROBERT A. VILLA
Pursuant to Article XIII of the Suffolk County Charter', the
Board of Appeals of - the Town of Southold , New York , hereby refers
the following to the Suffolk County Planning Commission :
XX— Variance from the Zoning Cade , Article III ,. Section 100-.101.0 (1 ) ,
Section 100-31C 1-8&Section 100-33&100-31 (c) 4B
Variance from Determination of Southold Town Building Inspector
Special Exception , Article Section
Special Permit
Appeal No. : 406.9 Applicant: Troy & Joan Gustayson
Location of Affected Land': 7785 Main Rd. , Laurel , NY
County Tax Map Item No . : 1000- 122-6-29. 1
Within 500 feet of:
Town or Village Boundary Line
Body of Water (Bay , Sound or Estuary)
XX State or County Road , Parkway , • Highway , Thruway
Boundary of Existing or Proposed County , State or Federally Owned Land
Boundary of Existing or Proposed County , State or Federal Park or
Other Recreation Area
Existing or Proposed Right-of Way of Any Stream or Drainage Channel
Owned by the County or for Which The County Has Established Channel
Lines ,
or Within One Mile of a Nuclear Power Plant
Within One Mile of An Airport .
COMMENTS: Applicant is requesting permission to allow lighting on Paddle Ball •
Court for after dark use
Copies of Town file and related documents enclosed for your review.
Dated : December 16 , 1991 {
ilk
Southold I'own Board of Appeds
MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN,JR.James Dinizio, Jr. January 10, 1992
Robert A. Villa '
Eric J. Bressler, Esq.
Wickham, Wickham & Bressler, P.C.
Main Road, Box 1424
Mattituck, NY 11952
Re: Appl. No. 4069 - Troy and Joan Gustayson
Dear Mr. Bressler:
Attached please find a copy of the Board' s findings and
determination in the above matter.
Please be sure to return to the Building Inspector and
other departments or agencies for updates that may be deemed
necessary in this project.
Very truly yours,
Linda Kowalski
Enclosures
Copies of Decision to:
Southold Town Building Department
Southold Town Planning Board
Suffolk County Department of Planning
age 3 - Appl. No. 4vo)
Application of TROY AND JOAN GUSTAVON
Decision Rendered December 16, 1991
use of the accessory platform tennis court structure, SUBJECT TO
THE FOLLOWING CONDITIONS:
1. After-dark use is limited to 10:00. p.m.
2. The accessory structure shall not be used as a
profitable business use, and its future use shall not be
governed by the collection of fees.
3. The platform tennis court structure shall be used only
as an accessory use incidential to the principal use of the
premises.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen,
Grigonis, Dinizio and Villa. This resolution was duly adopted
( 5-0 margin) .
lk
G
Z'G�ERARD P. GOEHFZINGER, AIRMAN
RECEIVED AND FILED BY
THE SO`UTHOLD TO�`714 CLEVE
DIATt, /l71. SOUR M
Town Cleik, Town of (Southold
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Page 24 - December 16, 1991
r Public Hearing - Eleanor Sievernich
Southold Z.B.A.
CHAIRMAN GOEHRINGER: This is to confirm our telephone
conversation with the state requesting that the above hearing
be adjourned for two reasons. First, the inability to
service adjoining owner Frumkin after three attempts and
secondly, my ability to attend the hearing at that date. I
understand that the hearing will be re-scheduled and will
advise me of the new date. Further I understand that you' ll
notify Mr. Ross of Wickham, Wickham & Bressler with this
request. It says Very truly yours, Anthony Salvatore. Dated
today: I offer a resolution recessing this to the meeting in
February.
MEMBER VILLA: Second.
All in Favor - AYE.
Appl. No. : 4069
Applicant(s) : Troy and Joan Gustayson
Location of . Property: 7785 Main Road, Mattituck, NY
County Tax Map No. : 1000-122-6-29. 1
The Chairman opened the hearing at 8: 55 p.m. and read
the notice of hearing and application for the record.
CHAIRMAN GOEHRINGER: I have a copy of a original site plan
of this parcel showing the rear of the parcel which is the
nature of this application which is the elevated paddle boat
court and the nature of course is just what I read in the
public notice and. a copy of the Suffolk County Tax Map
indicating this and surrounding properties in the area. I
assume Mr. Bressler you would like to be heard.
MR BRESSLER: Yes thank you Mr. Chairman for the applicants.
Eric J. Bressler' of Wickham, Wickham & Bressler P.C. , Main
Road Mattituck, New York. Mr. Chairman, Members of the Board
this appeal presents the most interesting issue probably ,one
of first impression for this particular Board since you are
not aware of the fact that there are other platform tennis
courts of a similar nature around the Town of Southold. At
least those that have raised these issues. The issue very
simply this evening is one of lighting. Is this-platform
tennis court to get the approval of the Board for the
lighting which is an interval part of this court so that it
can be used for its intended use or not that' s the issue. By
way of background, Mr. Chairman, and attached to the appeal
papers I only believe one of these letters was attached, but
the, issue of the platform tennis court in. general and the
issues relating to the lighting of the platform tennis court.
first came to the attention of the Town sometime prior to the
hearing 1991 when Victor -.Lessard wrote this Board a letter
Page 25 - December 16, 1991
C Public Hearing - Troy and Joan Gustayson
Southold Z.B.A.
MR BRESSLER, cont'd: advising that an application for a he
termed a paddle ball court or properly platform tennis in a
business zone. And he goes on to say that accessories are
referred back to this zone to 100-31C I would judge this to
be tennis court category except the wording has residential
inserted, also this application has lighted inserted in its
survey which is not normally permitted where upon Mr. Lessard
asked for an interpretation from this Board. Shortly
thereafter this Board received a letter from Troy Gustayson
again outlining exactly what a platform tennis court is; what
it consists of ; and again referencing the lighting aspects of
the court. Thereafter, this Board responded to Mr. Lessard' s
letter later in June. issuing its memorandum concerning ball
courts as accessory uses and basically adopting the
permission that they would permit under the code. and finally
the letter of October 23rd to the applicant from Victor
Lessard again raising the issue of lighting. I would ask you
Mr. Chairman, what as part of the Building Department file
these letters are all part of the Board' s file now.
CHAIRMAN GOEHRINGER: I believe they are.
MR BRESSLER: Okay. So, in short, where we are today is we
have a platform tennis court; it' s up. I know certain
Members of the Board have seen it. It is 'suitable for use at
least during day light hours and we would like it to be '
suitable for use during all hours. Platform tennis is a game
that by its .nature it begs to be played in the evening and
cooler hours unlike the game of tennis that is played on a
smaller inclosed court. Unlike tennis the ball tends not to
go out when you hit it long; it hits the wire and comes back
into play. It is an enclosed game. , It is played on an
elevated aluminum surface and it tends to be a rather warm
game. You can go down and watch people play in tee shirts in
the middle of the winter. Whereas tennis is a spring,
summer, and fall game. Platform tennis is a fall, winter,
and spring game. Necessarily because of the shortness of day
light hours it is played in the evening time. I believe that
the material which the applicant furnished to the Board
reflects the fact that platform tennis is a winter evening
type game. The Board makes reference to the drawings and the
other material furnished to it regarding the game that you
will find that platform .tennis courts by definition include
lighting and I know the Board in this regard asked for some.
drawings and construction details. What we have in this
regard since the court was purchased by the applicant as a
package deal if you will. That it was purchased in pieces
and the seller came and assembled it, there are no .
construction diagrams other than those in the head 'of the
person that constructed it. However, we -do have for the
Page 26 - December 16, 1991
Public Hearing - Troy and Joan Gustayson
Southold Z.B.A.
MR BRESSLER, cont'd: Board from the official platform tennis
rules book a platform tennis layout which will set forth for
the Board the dimensions of the court; the layout of the
court; a picture of a court; and the rules of a court. And I
would only know two things in handing this in, the first rule
two provides that court fixtures include the lighting poles
and lights. That is a defined part of a platform tennis
court. And that the picture of the platform tennis court,
the Board will note, is somewhat inconsistent with the
current court. This is for two reasons; first the court the
applicant purchased is an older used court and presumably
does not reflect newer technology and the lights as shown on
this picture appear to be on elevated stanchions above the
court where as the lights in this particular court, the Board
no doubt noted are contained in the perimeter of the upper
portion of the fence so 1 would like to hand this up as the
best we have regarding the layout and the construction of the
court.
CHAIRMAN GOEHRINGER: Thank you.
MR BRESSLER: Now, there are basically two basis for this
particular appeal. One is a rather more technical argument
than the other, but I will address them both. The first
argument is that we are seeking a variance from the
provisions of the zoning ordinance. And the way this
argument runs is as follows: A platform tennis court is the
equivalent of a tennis court and since tennis courts are
specifically permitted as accessory uses in this zone we are
entitled to have a platform tennis court. However, the
ordinance goes on to say that lighting is not permitted
without a variance in connection with a tennis court.
Therefore, since. a. platform tennis court is equivalent to a
tennis court we have to come to this Board. and as for a
variance of that particular division of the ordinance. The
reason for the application that is with respect to the
variance -is as I described before. Platform tennis is a game
that' s played in the evening and during the winter time when
it' s dark and platform tennis courts contain lighting. The
nature of this lighting is around the upper perimeter of the
fence hence the light is directed downward into the court.
I 've been advised by the applicant that several Members of
the Board have been down and have viewed this -court during
the evening hours, when it' s dark and have observed the
lighting effects of these lights and I think it' s a fair
statement since I 've observed them myself to say .that the
light is fairly well self-contained from these particular
units- as opposed to say baseball field lighting up on a pole
that is designed to flood or wash the entire area.
Page 27 - December 16, 1991
Public Hearing - Troy and Joan Gustayson
Southold, Z.B.A.
CHAIRMAN GOEHRINGER: Mr. Bressler, how high is that fence
above the court?
. MR BRESSLER: Twelve feet. Twelve feet high and I dare say
that is considerably lower than any tennis court lighting.
More over the difference in lighting is not only with respect
to height but it i's with respect to the size. The court is
considerably smaller in linear dimension than a tennis court.
Thus, the light is more concentrated into a smaller area.
Exactly one quarter of the size. So your linear dimensions
are much smaller; your height is not as large as a result
your light spillage is virtually insignificant. Why is this
unique, well that' s an easy one if you don't have any other
platform tennis courts around nor do I anticipate that there
will be many more of them built but I maybe wrong. Why would
this not change the character of the district, I think that
even a brief look at the adjoining property indicates to the
Board that you really couldn' t find a better place for a
court like this. There' s a vacant lot on one side and what
apparently is to be a used car lot on the other side of the
property. Uses that are not inconsistent with this
particular lighting. I have here several photographs which
illustrate these principles. The first picture is a look at
the platform tennis court looking to the west and you see
this is the back of a commercial area. . The other is looking
from the other side and you can see that the court is very
well screened and that there's virtually no intrusion what so
ever.
?????????? : That' s actually from ' the residences behind my
used car lot.
MR BRESSLER: Right and you can see that you really couldn' t
pick a better place for a court like this. And I ' ll hand
these photographs up.
CHAIRMAN GOEHRINGER: Thank you.
MR BRESSLER: Finally as I alluded to early, it was the
applicants understanding from the outset and indeed his
revealed position and the documentation that a platform
tennis court did include lighting and at all times this fact
was known to the various approving agencies and the applicant
is in the position now, it' s dark out, and he would like to.
use the platform tennis court and we think it' s a matter of
fairness that it' s appropriate that :he be permitted in effect
to throw the switch and use the courts in its current
configuration. Now the second basis for the appeal, .I think,
is a little bit more interesting and it calls on the Board to
read zoning code in a way that's a little bit different from
Page 28 _ December 16, 1991
+ Public Hearing - Troy and Joan Gustayson
Southold Z.B.A.
MR BRESSLER, cont'd: the way that apparently it has been
interpreted and the argument, the argument runs like this:
under Section 100-101E accessory uses are permitted in a B
District as indicated. In Section 100-31E 1-8 subject to
100-33 . When you go to Section 100-31C you find that
platform tennis court can very well fit into the broad based
definition of an accessory use. We believe that there is no
need to pitch in a hole if you will, a platform tennis court
into C 1-8 . Although this Board has taken the position in
correspondence that it is a permitted use in that it does
fall into one of those categories. That is a tennis court,
we see no reason why it has to be given that sort of status
and we would urge the Board as an alternative to adopt the
position that this is a permitted accessory use in that it' s
customarily accessory to that type of use and treat it as an
accessory use other than one specifically enumerated. I
think it would be very easy for the Board -to come up with any
number of these things that don' t fall specifically within
the C 1-8 laundry list. When the code was being devised it
is apparent to me looking at that laundry list that the
drafters of the code put forth the general proposition and
then listed eight items that they were generally familiar
with. This didn' t happen to be one of them and I think that
the issue of lighting which is so integral to a platform
tennis court where as it is the almost exactly the opposite
with the respect to a tennis court. Looking around the Town
of Southold we see almost no lighted tennis courts. There is
no evening playing tennis probably because being four times
as large and needing lights three times as high it' s
prohibitedly expensive to light a tennis court as well as
generative of great light pollution. Where as a platform
tennis court lighting is really the name of the game and
that' s when you use it. So we feel that it can be cubby
holed or pigeon holed under the broader based definition of
accessory rather than necessarily as a tennis court. If the
Board disagrees then we would urge the court to certainly.-the
Board to consider it as a tennis court and grab variance and
say that this really is intrinsical different from a tennis
court and that without the lights it' s essentially useless
because as Troy will tell you nobodies going to be playing
during the summer. They' re only going to be playing during
the winter, during the summer we .all play tennis and sail
boats and do other things.
CHAIRMAN GOEHRINGER: May I ask you two questions, Mr.
Bressler? I purposely have only viewed the tennis court
from the road at night when the lights were on. I don't know
if anybody was playing or not playing it doesn' t make any
difference to me. I did go up there on a very cloudy day,
however, and did and I was alone and no one was around and I
Page 29 - December 16, 1991
Public Hearing - Troy and Joan Gustayson
Southold Z.B.A.
CHAIRMAN, cont'd: did turn the lights on. Are those lights
sufficient enough to light that court so that anybody can
play tennis, I mean are those all the lights that would be
there?
MR BRESSLER: Absoluteiy. This apparently was or is the
alternative design to the that is shown there and is the one
more typically found on older courts and we have gone out and
muted correct me if I 'm wrong during those particular times
at night and the light is sufficient. So no accessory or
additional lighting is necessary and in fact it is designed
that way. Boom, boom, boom the guy comes in; he assembles
it. Turn key operation, that' s it. No stanchions or
anything like that.
CHAIRMAN GOEHRINGER: The second question is a little more
involved and it' s a question that one of my fellow Board
Members also has and that is the issue of the purpose
lighting at .night. You have told us that. the purpose of
lighting it is of course so that you may play tennis,
platform tennis whatever you choose to play platform tennis.
More importantly our concern is regardless if it is an
accessory use or if it is unused under the, you referred to
the phrase broad based term of tennis courts. Okay. Is'
there a club involved with this particular -tennis court? I
mean are there people paying to play on this or what is the
story here?
MR BRESSLER:- Well story is that unfortunately the applicants
for the money for this particular court as a practical matter
those who want to play have to chip in. It is a non-
commercial venture. But those who want to play have to
contribute to the cost of the court.' And as such we feel
that it falls squarely within the not-for-profit, non-
commerical type enterprise and it' s a bunch of guys and girls
who got together and basically chipped in to make this thing
work.
CHAIRMAN GOEHRINGER: Is it on a contribution basis or is it
clearly stated on an hourly basis; the use of this?
MR BRESSLER: Oh, no. This is not an hourly, this is not an
hourly basis type of operation. This is as Troy described it
it is for Troy and his invitees and his invitees are
respectfully requested to help defray the cost of the court.
Basically because you' re talking fourteen or fifteen thousand
dollars and there had to be sufficient interest for him and
his friends basically to get together and so he wouldn' t out
of pocket the $14,000 or $15,000 . And no we don' t Troy
doesn' t have a term style or a token type arrangement. Where
Page 30 - December 16, 1991
Public Hearing - Troy and Joan Gustayson
Southold Z.B.A.
MR BRESSLER, cont'd: people come in and pay by the hour to
play it' s not that type of an operation.
CHAIRMAN GOEHRINGER: The reason why I ask that question is
basically because of course that you know that we just sat
through approximately eight and half hours of McDonald' s
hearings and they tell .us that when a McDonald' s or any other
franchise occurs in one specific area than many .others also
occur and that was what our concern was. If there is one
table tennis court there, I 'm sorry, platform tennis court
there now that maybe there may be more in the future and that
was what our particular concern was based upon the fact that
it may become a and this has nothing to do with applicants on
this project okay. It may become a profitable accessory use
and there be more of them involved in the future, not
necessarily only on this site but on other sites of similar
zoning.
MR BRESSLER: We certainly-hope so, but, but, it' s my
understanding that under the code that once these turn from
private type enterprises not-for-profit into commercial
ventures , the code is quite specific that it falls within a
different cubby hole. And I guess that what we' re saying to
.you is no we don' t the applicant does not intend to run this
as a for-profit or commercial operation and I guess you' re
just going to have to trust us on that because he' s not doing
it. It wouldn' t surprise me at all on the other hand if
someone were to do just what you described. It would dismay
me greatly if they didn' t have the courage to come up in
front of you and say yeah I'm going to run a commercial
operation for-profit down there and this is• what I intend to
do. May I please have a variance from the zoning ordinance,
but we' re not here tonight telling you that that' s what we' re .
doing down there. What we' re telling you is that if people
please him basically and they want to and the other people
involved down there and they want to come down and chip into
the cost of the court as a private operation I think that' s
fine. But as you say when you start to run this as a
commercial operation for-profit then I think we fall outside
the code and we've got to come back or do something else and
if it should turn out that so many people beat down Troy' s
door that he has to put up another court I daresay that would
be the type of operation that we' re talking about and we
would have to come back here and say it' s no longer just a
group of men and women playing platform tennis together it is
now a commercial operation and we and we need some release
from the code.
MR GUSTAVSON: Can I make two comments about that? I .know of
no commercial platform tennis venture in the United
i
Page 31 - December 16, 1991
Public Hearing - Troy and Joan Gustayson
Southold Z.B.A.
MR GUSTAVSON, cont'd: States. It' s a relatively minor
sport. You' ll only find courts in private residences and
basically in Country Clubs. There probably are fewer than a
dozen courts on Eastern Long Island, almost all on the south
fork. They are either .privately owned or at Country Clubs.
So if we were to start a commercial venture it would be the
first such venture in the United States and I just don' t
think that there' s any wherein the word it could ever
support itself. The other question really goes to the usage
and based on the number of people who are involved in our
little coalition now about twenty families, I'd say the court
realistically would be used no more than maybe four or five
hours a week at night. It is unlikely that it will ever be
used more than that. The lights are off when it' s not in
use. It is surrounding by two, surrounded by two commercial
parking lots which have fairly intense site lighting; our own
lot; and than the lot on the shopping center to the west of
US. And those lights basically are on and our lights go off
around midnight and the others lights I think may be on all
night. So, I mean the intensity of - the use is relatively
minor and will continue to be.
MR BRESSLER: Because that' s the nature of the usage and. . .
MR GUSTAVSON: Also for us to expand it we'.d have to be
purchasing adjoining property. There' s nothing on the acre
and a half that, no further space on the acre and the half
that we own where we could put another court or so.
MR BRESSLER: Well as a practical matter I think that' s so,
we'd have to go back and amend the site plan and knock out
all of this parking.
MR BRESSLER: Yeah, we'd have to knock out the parking lot to
do it and we have no intention of doing that.
CHAIRMAN GOEHRINGER: I just wanted to ask one other
question. The approximate elevation above the ground from
site.
MR BRESSLER: You mean of the playing surface.
CHAIRMAN GOEHRINGER: Yeah.
MR GUSTAVSON: Three feet from the ground to the deck and
then twelve feet from the deck to the top of the fence.
CHAIRMAN GOEHRINGER: There is no heating elements in that
deck at all to either get rid of any precipitation such as
snow or ice or anything?
Page 32 - December 16, 1991
Public Hearing - Troy and Joan Gustayson
Southold Z.B.A.
MR GUSTAVSON: There could be and there should be, but there
are not.
MR BRESSLER: But there are not. The story on that is, it' s
a two part answer. If you looked at the court you may have
seen that the fencing down at the very bottom is different
from that up top. There are fence portions about yea high
about a foot high that swing and basically you take your
shovels and brooms, these things swing up and off the snow
goes out the very bottom of the. fence and then you can play.
The second part is yes a more sophisticated arrangements they
have heaters under there to prevent the surface .from freezing
and icing up. We don' t have them.
CHAIRMAN GOEHRINGER: Which must be very costly.
MR BRESSLER: Which yes.
CHAIRMAN GOEHRINGER: Because I 'm sure they' re electric
heating elements.
MR BRESSLER: Some of them are and some.
MR GUSTAVSON: They use propane blowers.
CHAIRMAN GOEHRINGER: Propane blowers, yeah.
MR BRESSLER: That would be rather pricey and because of the
letter we don' t think, because of the letter we' re taking a
chance on it yes. The snow last year was nothing to speak of
and the times when it. rained and froze up were really very,
very minimal.
MR GUSTAVSON: We've already had. an experience of the two
inch snow fall about a week ago. And we were able to sweep
it off the court and the court was completely dry within
about an hour and a half after that. Because the aluminum
basically heats up with any sunlight.
CHAIRMAN GOEHRINGER: Dissipates the moistures. We thank you
very much for your opinion, we'.11 ask anybody else if they
have any questions. 'I just want you to know for the record
that we grill everybody and it was nothing intentional. I
know nothing about platform tennis and that was the reason
why I asked the question.
MR GUSTAVSON: Well we know that you've been grilling our
neighbors.
MEMBER DINIZIO: I 'd like to make a statement.
Page 33 - December 16, 1991
Public Hearing - Troy and Joan Gustayson
Southold Z.B.A.
CHAIRMAN GOEHRINGER: Sure. Mr. Dinizio would like to.
MEMBER DINIZIO: I 'd just like to state that I did go down
there at night and I brought my children down and we did run
around the court and I ' turned it on and I went to both sides
of the property actually on the other property and I could
not see any of that light washing on to either Side. You
know there is railroad tracks in the back. It just doesn' t
seem like this is in any way a hindrance. Other than .you
could have just as easily had parking lot lighting there on
all the time and TURNED TAPE OVER
CHAIRMAN GOEHRINGER: Would anybody else who would like to
speak either for or against this respective application?
MR BRESSLER: Yes. I guess I might say that if any of the
Board Members have any questions about the game itself isn't
Saturday morning the or is- it Sunday morning you go down
there.
MR GUSTAVSON: Generally speaking, Saturday mornings between
nine and twelve. We basically have an open house for anybody
who is interested in learning more about the sport.
CHAIRMAN GOEHRINGER: Interesting. Very good.
MR BRESSLER: And he' ll be down there if you want to see what
it' s like. •It' s good for old guys to play too.
CHAIRMAN GOEHRINGER: Let the record show that Mr. Bressler
is referring to the applicant and. . . .
MR BRESSLER: And myself.
CHAIRMAN GOEHRINGER: Hearing no further comment. I make a
motion closing the hearing reserving decision until later.
All .in Favor - AYE.
B
Y
(Transcribed by tape, was
not present at the hearings)
I
PLATFORM TENNIS LAYOUT
Back Screen
00
j Baseline
i
0 Backcourt
Service Line
1 Left
Right
i
i
N Service Service
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Post in Net _ _ --- - - -- --- - - AD
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20• l
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S' 2• 8 8 -----�2 5
30•
j RULE 1
Dimensions and Terminology
i The court is a rectangle 44' long and 20' wide, laid
out on a surface with a playing area 60' by 30 which
is enclosed by a screen 12' high. The screen is held
taut by a superstructure around the perimeter of the
deck'. Screens are made of 1 " hexagonal galvanized
wire mesh.
Note on Sportsmanship
The foregoing RULES embody the specific
playing regulations of the game of Platform Tennis.
Another area of platform tennis protocol is Sports-
manship. This subject is covered in a separate book-
let published by the APTA. It is suggested that all
players familiarize themselves with the sportsman-
ship guidelines by obtaining and reading a copy of
this booklet. Copies are available from the Secretary,
p �
American Platform Tennis Association, 52 Upper
Montclair Plaza, Upper Montclair, N.J. 07043.
l__ !! I► ICI i!I I i
i
i
\ 1164
—23—
.tz-k ^,R--.?riu[ '..w.+F__. _.__... _._.-.,.,..........__ _"` .....,n-r..��t:>:'i,-:wY.••a�� ... ay.-n:�;.. nr ..,.......�
I
RULE 2
i
Court Fixtures
Court Fixtures are the net, the posts, the cord (or
metal cable) that holds up the net, the band across the . .
top of the net, the center strap, the screens,the snow
boards, the superstructure, the doors, the li htin
i r,�,�ac ani��nt� any crossbeams or corner supports
within the enclosure, and, when they are present, the
Umpire and his -chair.
RULE 3
The Ball and The Paddle
1
i
i The ball is a rubber ball with either orange or yellow
flocking, conforming to APTA specifications for
9 9 p
diameter, weight, bounce and other standards as set
forth in Appendix A.
The paddle is 17 inches in overall . length with a
playing area 10% inches long and a handle 6% inches
long. The paddle is perforated with a number of 3/8
inch holes. The surface of the paddle must be flat and
the finish smooth. APTA paddle standards are set
forth in Appendix B.
RULE 4
i
Use of Ball and Paddle
i
Only one ball shall be used continuously during
i
each set unless otherwise specified by the
tournament committee. Server may not substitute
another ball during ,an unfinished set without the
permission of tournament officials, nor may server
hold two balls while serving.
A player may not carry a second paddle during play,
although it is permissible to use both hands on the
paddle and to switch the paddle from hand to hand in
the course of play. .
-5-
THE W]Eiy
SPECIFICATIONS REILLY
tT1
Size: 30'x 60' (screen to screen); 31'2"x 61'2" Richard J.Reilly,Jr.,Inc.holds the leadership
(overall) position in the platform tennis court industry.-The.
Superstructure Elevation: 12'above the deck company demonstrates that posture with these
surface. achievements:
' ing for Night Play:Available Options: the new first with 30 foot long deck board concept first with
L
R. a Y DAYTIME LIGHT poured concrete cylindrical piers first with flying
six 1500 watt quartz iodine fixtures, buttress style outriggers first with concealed
20'above the deck; or four 1500 watt quartz iodine aluminum court inriggers first with deck-free
fixtures,20'above the deck. spring-loaded tension system first with sub-deck
tension system (now obsoleted by Reilly) first with
Foundation: 10"-12"diameter circular concrete all-aluminum court first with swinging snowboards
piers(below frost line). first with posi-lock snowboards first with concealed
Carriage:' 7 'double aluminum I beams. crank net post,including net height gauge first with
paddle oriented umpire chair first with two color
Deck:6"x 30' aluminum deck channels spaced 1/4" court deck first with walnut shells (now obsoleted
apart,welded to joists spaced 18"apart. by Reilly) first with RJR GRIP first with quartz-
iodine lighting system first with effective fluores-
Undercourt Enclosure:Skirts from the deck to the cent lighting system first with aluminum deck heat- '
ground to contain the heat,are included. i ing system first with heat retension system for
Superstructure: Rectangular aluminum tubes Con aluminum decks first with aluminum sound
center and similar sized tension members—all pre- deadening system first with flexible expansion skirt
treated with a black baked on finish. joint on aluminum courts first with aluminum deck i
replacement for old wood courts.
Pgl�' All painting,and the application of a special
ago _date(RJR GRIP SURFACE) to the deck for Our challenge is to continue this leadership—by
traction is done under controlled conditions at our developing innovations and improvements which
plant. provide more enjoyable play for all our court
owners.
Screening: 1"hexagonal,16 gauge,galvanized after
weaving,with suitable filler strip in each of the four
corners to assure squareness. i
Hardware: All hardware is stainless steel or
aluminum.
Accessories: Includes net,center strap,and
removable net posts for playing other games.
Design Live Load: 40 lbs per square foot.
Weight: 8,000 lbs gross weight(excluding piers).
I
MMI
I FuLl REIIILILY CUSHION SCREEN walls are designed
Cl to give the feel of softness without sacrificing
COURT �,-
���.� outstanding screen play.This is accomplished with
I j; R }LY FLEX-BEND aluminum lower tension
ry heavy duty springs installed as a part of each tension
��` ember is absolutely essential to proper tension of
f`'= bolt Y p P
a screens.
WWWOUP
,�,�•���,•,�•de®•®.�,�.O.p �There are one half the number of tension bolts to
l; U.
1®4®AAAIAAA�edA�A�A�A�AA�Nsi��o
�— �� S• tighten,versus the traditional wood; the tightening
is accomplished above the deck rather than the
typical below deck system.
One of the many significant reasons why Richard J.
Reilly,Jr.,Inc.is the leading builder of Platform
Tennis courts is the unique REIILlLY ALUMINUM � . ,�=�' .�"I�"`��f�1�
COURT,engineered and designed specifically for
maximum play with minimum maintenance and t,t
distinguished styling.
The rugged durability and lasting attributes of the j •;, „�j ! r 1 +
aluminum alloy far outlast wood,eliminate all
rotting and cracking keeping maintenance costs to a
a
minimum. .L '
The initial high cost of the REIIILLY ALUMINUM
COURT will be returned in five to six years via
reduced ongoing expenses—when compared to the
lower initial cost,but higher maintenance and
operating expenses of a wood court.
Fabrication is completed at our factory
providing built-in plant quality control prior to _ 4
shipment and installation by our crews.
The specially selected aluminum alloy has been on
display at Point Judith,Rhode Island since 1946,
with no visible signs of deterioration. •,�'rz
The court is 75%lighter than wood—ideal for
portable courts and rooftop installations.It weighs ►,�® •
8,000 pounds.
There are ten deck sections per court; each court has
over 25,000 plant applied welds for strong,even and � � 'E �y
consistent unity.These sections are assembled on
aluminum girders'which have been placed on
��r, Y 1 £. '` r: ,.�. rJr r .i:*�'�' d __k s�', "{yr..,..:.•'? �..,ys'a ^"
concrete piers.
The superstructure is completely free of exterior ' � REIIL LY HEAT HOLD,a special asketin technique
( outriggers). P y g P g y,g q
braces no outri ers .Its clean design is an _ tones down the noise,and dramatically increases
architectural achievement.All exposed aluminum is s , ` ' heating efficiency.
painted black and baked—no shiny surfaces are The heating system (optional) is hot air,which has
visible. REIILLY FOSII-]LOCK snow/leaf boards are fabricated the capability of keeping up with most snow storms
Fast,relatively simple but skilled on site with specially designed three-sided aluminum and ice accumulation—and almost instant removal
construction; factory built sections arrive at the site channels,redwood,and a locking device that of frost.prevents free-swinging (and resultant wear and
for immediate installation.It takes one of our crews squeaking from the wind),and is safer for the
about one week to complete installation.The court is aggressive player.Yet,they are easily released
then ready for immediate play. to swing out for snow/ice/leaf removal.
Southold Town Board of Appeals
. `� MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
s !
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN,JR. J�nuar
James Dinizio, Jr. y 10, 1992
Robert A. Villa
Eric J. Bressler, Esq.
Wickham, Wickham & Bressler, P.C.
Main Road, Box 1424
Mattituck, NY 11952
Re: Appl. No. 4069 - Troy and Joan Gustayson
Dear Mr. Bressler:
Attached please find a copy of the Board' s findings and
determination in the above matter.
Please be sure to return to the Building Inspector and
other departments or agencies for updates thatmay be deemed
necessary in this project.
Very. truly yours,
Linda Kowalski
Enclosures
Copies of Decision to:
Southold Town Building Department
Southold Town Planning Board
Suffolk County Department of Planning
c5,1yi
CM
PLANNING BOARD MEMBERS
SCOTT L. HARRIS
Supervisor .
Bennett Orlowski, Jr., Chairman � `'.4 � ` ^' ''
George Ritchie Latham, Jr. ' •1
Richard G. Ward �?" 1,31 b ,4 Town Hall, 53095 Main Road
Mark S. McDonald
z-�'�-L P.O. Box 1179
Kenneth L. Edwards Southold, New York 11971
PLANNING BOARD OFFICE
Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823
August 13 , 1991
Garrett A. Strang, R.A.
Main Road
P.O. Box 1412
Southold, New York 11971
RE: Proposed Amended Site Plan
for Suffolk Times,
Mattituck
SCTM*1000-122-6-P/0 29
Dear Mr. Strang:
The following resolutions were adopted by the Southold Town
Planning Board at a meeting held on Monday, August 12, 1991.
Be it RESOLVED that the Southold Town Planning Board,
acting under the State . Environmental Quality Review Act, do an
uncoordinated review of this unlisted action. The Planning
Board establishes itself as. Lead Agency, and as lead agency
makes a determination of non-significance and grants a Negative
Declaration.
WHEREAS, Troy and Joan Gustayson are the owners of the
property known and designated as Suffolk Times News Review
SCTM*1000-122-6-P/0 29, located at Route 25 in Mattituck; and
WHEREAS, a formal application for the approval of this site
plan was submitted on July 16, 1991; and
WHEREAS, the Southold Town Planning Board, pursuant to the
State Environmental Quality Review Act, (Article 8) , Part 617,
declared itself Lead Agency and issued a Negative Declaration on
August 12, 1991; and
Page 2
Suffolk Times
WHEREAS, this site plan was certified by Victor Lessard,
Principal Building Inspector on August 9, 1991; and
WHEREAS, all the requirements of the Site Plan Regulations
of the Town of Southold have been met; and
be it therefore,
RESOLVED, that the Southold Town Planning Board approve and
authorize the Chairman to endorse the final survey dated July -
25, 1991.
Enclosed please find a copy of the Negative Declaration for
your records.
Please contact this office if you have any further
questions.
Very truly yours, A
., a.
Bennett Orlowski, Jr. -S
Chairman
Encl.
cc: Victor Lessard, Principal Building Inspector
Robert Scott, Town Assessors Office
AL
Aj ,
,k y
PLANNING BOARD MEMBERS SCOTT L. HARRIS
Bennett Orlowski, Jr., Chairman �$s";• `` :"'
�,, ';�:��;;' Supervisor
George Ritchie Latham, Jr.
Richard G. Ward � - '"� '� ,' Town Hall, 53095 Main Road
Mark S. McDonald _ " P.O. Box 1179
Kenneth L. Edwards Southold, New York 11971
PLANNING BOARD OFFICE
Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823
State Environmental Quality Review
NEGATIVE DECLARATION
Notice of Determination of Non-Significance
August 12, 1991
This notice is issued pursuant to Part 617 of .the
implementing regulations pertaining to Article 8 (State
Environmental Quality Review Act) of the Environmental Law.
The Southold Town Planning Board, as lead agency, has
determined that the proposed action described below will not
have a significant effect on the environment and a Draft
Environmental Impact Statement will not be prepared.
Name of Action: Proposed Amended Site Plan for Suffolk Times
SCTM#: 1000-122-6-P/0 29
Location: Route 25 (Main Road) , Mattituck
SEQR Status: Type I ( )
Unlisted ( X)
Conditioned Negative Declaration: Yes ( )
No (X )
Description of Action:
Installation of platform tennis court for use of employees.
Page 2
Suffolk Times
SEQR Negative Declaration Con' t.
Reasons Supporting This Determination:
An Environmental assessment has been submitted, reviewed
and it has been determined that no significant adverse
effects to the environment were likely to occur should the
project be implemented as planned.
For Further Information:
Contact Person: Robert G. Kassner
Address: Planning Board
Telephone Number: (516) 765-1938
cc: Judith Terry, Town Clerk
Building Department
Applicant
TO: Victor Lessard, Principal Building Inspector
From: Bennett Orlowski, Jr. , Chairman
Subject: Suffolk Times, Paddle Ball Court
SCTM# 1000-122--6-P/0 29
DATE: August 9, 1991
Please review the attached for certification.
PI
,r 0 `r D
Ln
Southold, N.Y. 11971
(516) 765-1938
APPLICATION FOR CONSIDERATION OF SITE PLAN
Date of Application 3/12/91Filing Fee $206 .43 Date Rec' d July 16 , 1991
New Use Change of Use Re-Use Extension of Existing Use
Revision of an Approved Site Plan X (Date of Approval April 13 , 1987 )
Other Specify
Name of Business or Site Suffolk Times-News Review Newspapers
Location of Site North side of Main road, Mattituck N.Y.
Address of Site, if available 7785 Main Road, Mattituck, New York
Name of Applicant Troy & Joan Gustayson by Garrett A Strang, Architect
Address of Applicant c/o Suffolk Times , 7785 Main Road,
Mattituck, New York 11971 Telephone 516-298-3200
Person to be responsible for Construction Owner/ Applicant
Telephone
Applicant' s interest in site-check one: Owner of Land XX
Under contract to purchase
Owner of- Fee Title to Land_ Same as above- Applicant
Address Telephone
Site Plans Prepared by G.A. Strang,R.A. License No. 15244 New Yor7s
Address pOB 1412 Soii ho d New York11 97lTolephone 516-765-5459
Total Land Area of Site 49 ,.585 Sq.Ft. Zone District Gen, Bu:-,ine.ss
Existing Use of Site Business Office Proposed Use of Site Same
Gross Floor Area of Existing Structure( s) 6 ,400 sqft. sqft.
Gross Floor Area of Proposed Structure( s) 2 257 sqft. sgft.
Percent of Lot Coverage by Building( s) 17 .4
Percent of Lot for Parking (where applicable) 51
Percent of Lot for Landscaping(where applicable) 28 %
Datum(Specify)U.S.G.S. XX Other
Has applicant been granted a variance and/or special exception by
Board of Appeals
NO
Case Number Name of Applicant
Date of Decision Expiration Date
Will any toxic or hazardous materials, as defined by the Suffolk County
Board of Health, be stored or handled at the site? NO
If so, have proper permits been obtained?
Number and Date of permit issued
NO ACTION ( EXCAVATION OR CONSTRUCTION) MAY BE UNDERTAKEN UNTIL APPROVAL
OF SITE PLAN BY THE PLANNING BOARD.
APPLICANT' S AFFIDAVIT
STATE OF NEW YORK
COUNTY OF SUFFOLK
Garrett A. Strang, Architect being duly sworn, deposes
and says that he resides at Maizz Road, Mattituck
in the State of New York, and that he is the .owner of the above property,
or that he is the Agent of the Owner
(Title) ( Specify whether Partnership
or Corporation) which is hereby making application; that' the
owner or his heirs, successors or assigns will, at his own expense,
install the required site improvements in accordance with Article XIII
of the Code of the Town of Southold for the area stated herein
and that there are no existing' structures or improvements on the land
which are not shown on the Site Plan; that title to the entire parcel,
including all rights-of-way, have been clearly established and are
shown on said Plan; that no part of the Plan infringes upon any duly
filed plan which has not been abandoned both as to lots and as to
roads; that he has examined all rules and regulations adopted by the
Planning Board for the filing of Site Plans and will comply with
same; that the plans submitted,- as approved, will not be altered or
changed in any manner without the approval of the Planning Board;
and that the actual physical improvements will be installed in
strict accordance with the plans submitted.
Signed r "
Garrett A. Strang, Architect (Agent fo�Owner)
Sworn to before me this
S day o lg-
(Notary Public)
RMEM K DE YQE Signed
NOTARY PUBLIC,Site of New York
No.4707878,Suffolk County co;t ( Partner or Corporate Officer and Title.)
Term Expires March 30.18_
v
SITE PLAN
Presub mission conference
(within 30 days of written request)
Complete application received
(within 4 months of presub. conference)
Application reviewed at work session 7��� 7 Iro.` x.
(within 10 days of receipt) IW_ a
Applicant advised of necessary revisions
z (within 30 days of review)
D ,\
. '4 Revised submission received. ADO LINFO. oK
%.5 WI
��
^( Lead Agency Coordination ���"�''-q /
'< SEQRA determination
o 0 REFERRED TO:
0
U
Zoning Board of Appeals se �rar
o (written comments within 60 days of request)
n
�-' Board of Trustees , ` oK
H
V
O
Building Department (certification) 3-)-1/ oK
w
a w Suffolk County Department of Planning I UT oK c8dt
V
Department of Transportation -State I W,` oK
cn Department of Transportation - County Igo.` oK
H ` Suffolk County Dept. of Health , ` oK
Y, Fire Commissioners Sent:
x Received-
RECEIVED:
Draft Covenants and Restrictions I U.` oK
Filed Covenants and Restrictions
Landscape plan
Lighting plan "AWL
Irmo. OK
Curb Cut approval ,i ox
Health approval
inro. OK
Drainage plan PUT,
Il1Fb. OK
Reviewed by Engineer I T oK
Approval of site plan .
-with conditions
Endorsement of site'plan
Certificate of Occupancy inspection oK
/„- One year review ` oK
FORK NO. 2
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
,
TOWN HALL
'SOUTHOLD, N. Y.
1
r.} dlr BUILDING PERMIT
(THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL
COMPLETION OF THE WORK AUTHORIZED)
No ' °20109 /
- Z Date .. .. ......:.......:....................... 19. l.
Permission is hereby granted to;
t to • • . .. j. K !'.:
ofpremises located at ....../...� .V:.. 21...., .l.. .. ......................................................... r`t!
j
- ..•••.•................................. .K. ...•... .. .0 `.•.. .................................................
cti} .................•.......... .•. ......... .......... ................ .....•............. .......•. ...•....•.•......•...........• •.
r:•� ...... ...
"County Tax Map No. 1000 Section � .rZ.......'. Block ...:... ............ Lot No.
.... ... ...G. ..1�. .......
��.
pursuant to application dated 19�.�., and approved by the
t 1 Q .... ..�i. p ....../ ..
,f Building
`` Inspector.
Vic,_- - ,
�. Fee $.. C! .xr.
..... .. .. ... .
I .
ui. ng �nspector
. _ 1
� i P
Rev. 6/30/80 j
1 l
1's ��a,Jr�t,c�Co.
�i
PLANNING BOARD MEMBERS SCOTT L. HARRIS
Bennett Orlowski, Jr., Chairman �� �t' '`
,'�. Supervisor
George Ritchie Latham, Jr. w �
Richard G. Ward - Town Hall, 53095 Main Road
Mark S. McDonald ' " ` P.O. Box 1179
Kenneth L. Edwards Southold, New York 11971
PLANNING BOARD OFFICE
Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823
August 13 , 1991
Garrett A. Strang, R.A.
Main Road
P.O. Box 1412
Southold, New York' 11971
RE: Proposed Amended Site Plan
for Suffolk Times,
Mattituck
SCTM*1000-122-6-P/0 29
Dear Mr. Strang:
The following resolutions were adopted by the Southold Town
Planning Board at a meeting held on Monday, August 12, 1991.
Be it RESOLVED that the Southold Town Planning Board,
acting under the State Environmental Quality Review Act, do an
uncoordinated review of this unlisted action. The Planning
Board establishes itself as-, Lead Agency, and as lead agency
makes a determination of non-significance and grants a Negative
Declaration.
WHEREAS, Troy and Joan Gustayson are the owners of the
property known and designated as Suffolk Times News Review
SCTM41000-122-6-P/0 29, located at Route 25 in Mattituck; and
WHEREAS,.-a formal application for the approval of this site
plan was submitted on July. 16, 1991; and
WHEREAS, the Southold Town Planning Board, pursuant to the
State Environmental Quality Review Act, (Article 8) , Part 617, .
declared itself Lead Agency and issued a Negative Declaration on
August 12, 1991; and
Page 2
Suffolk Times
WHEREAS, this site plan was certified by Victor Lessard,
Principal Building Inspector on August 9, 1991; and
WHEREAS, all the requirements of the Site Plan Regulations
of the Town of Southold have been met; and
be it therefore,
RESOLVED, that the Southold Town Planning Board approve and
authorize the Chairman to endorse the final survey dated July
' 25, 1991.
y
Enclosed please find a copy of the Negative Declaration for
your records.
Please contact this office if you have any further
questions.
Very truly yours,
Bennett Orlowski, Jr. S
Chairman
Encl.
cc: Victor Lessard, Principal Building Inspector
Robert Scott, Town Assessors Office
E�2_ 2 L
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'
TITLE
A R R E T T A. S T R A N C
LOCATION /"'�.Y. 4T/�►-'�F�. V� I,`"'� . �'' �` 'EI���Ni.1
architect WA.�.., .:,. 1 � .:.
SCALE 1`r y y O' REVISED DRAWING N4 .-•
vz.1//7 c.t)"IlblhIT F`!L TL �w' f
Main Road P.O. Box 1412 Southold N.Y. 11971 DATE zz/�� *+tsN�w-r ...wPrrF•Y.wti: ��r+�.r: :j(
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PLANNING BOARD MEMBERS t ' ";` t+^,.�Z•. .
SCOTT L. HARRIS
O
Bennett Orlowski, Jr., Chairman ; Supervisor
George Ritchie Latham, Jr. �n..'' '
Richard G. Ward Town Hall, 53095 Main Road
Mark S. McDonald ` "" P.O. Box 1179
Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971
Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823
= State Environmental Quality Review
NEGATIVE DECLARATION
Notice of Determination of Non-Significance
August 12, 1991
This notice is issued pursuant to Part 617 of the
implementing regulations pertaining to Article 8 (State
Environmental Quality Review Act) of the Environmental Law.
The Southold Town Planning Board, as lead agency, has
determined that the proposed action described below will not
have a significant effect on the environment and a Draft
Environmental Impact Statement will not be prepared.
Name of Action: Proposed Amended Site Plan for Suffolk Times
ti
SCTM#: ' 1000-122-6-P/0 29
Location: Route 25 (Main Road) , Mattituck
SEQR Status: Type I ( )
Unlisted ( X)
Conditioned Negative Declaration: Yes ( )
No (X )
Description of Action:
Installation of platform tennis court for use of employees.
Page 2
Suffolk Times
SEQR Negative Declaration Con't.
Reasons Supporting This Determination:
An Environmental assessment has been submitted, reviewed
and it has been determined that no significant adverse
effects .to the environment were likely to occur should the
project be implemented as planned.
For Further Information:
Contact Person: Robert G. Kassner
Address: Planning Board
Telephone Number: (516) 765-1938
cc: Judith Terry, Town Clerk
Building Department
Applicant
GARRETT A. STRANG
=4 MAIN ROAD, P.O. BOX 1412
SOUTHOLD, NEW YORK 11971
516-765-5455
August 2 , 1991
Mr. Robert Rassner
Town of Southold Planning Dept.
Main Road
Southold,New York 11971
Re: Amended Site Plan; Suffolk Times
Mattituck, New York
Dear Bob;
In response to your question regarding landscaping
at the above referenced project, the .area in which
the platform tennis court is to be located is pres-
ently in a natural state of vegetation.
Only an area adequate in size to accommodate the
court will be disturbed so as' to maintain a natural
buffer on the North, South and West sides..
After completion of the. installation any areas of
vegetation which have been disturbed will be re-
planted with a material suitable to prevent the oc-
currence of any erosion, i.e. : grass, ground cover,
shrubs etc.
I trust this will allay any concerns you may have
had, however if there are any questions, ' please
feel free to call this office. Best regards.
_. Very truly yours,
Garrett A. Strang, ' R.A.,
GAS/giij
cc: Troy Gustayson �� _ ._._ . .. - j
AUG
..�'_� "._'.:.].:�.....1'..': '... " J ... .. .-. .. .. ... .i. ... ,s. Yf.. 'r MfJ'� .e v.^:.AI•, Y 6...5
CL
;. REQUIREMENTS FOR SITE PLAN ELEMENTS & CERTIFICATION
\ ,:ISECTION-BLOCK-LOT TAX MAP NUMBERS
:;;NAME & ADDRESS OF OWNER OF RECORD
VJNAME & ADDRESS OF PERSON PREPIRING MAP
�DATE, NORTH POINT AND WRITTEN & GRAPHIC SCALE
; ;DESCRIPTION OF PROPERTY & INFORMATION TO DEFINE, BOUNDARIES
":ILOCATIONS, NAMES & EXISTING WIDTHS OF ADJACENT STREETS & CURII
\ S;
�'iLOCATION & OWNERS OF ALL ADJOINING LANDS , AS SHOWN ON TAX RECORDS
: !LOCATION & PURPOSE OF ALL EXISTING AND PROPOSED' EASEMENTS
\ I
v' !COMPLETE OUTLINE OF EXISTING DEED RESTRICTIONS APPLYING TO PROPERTY
EXISTING ZONING -
'- 'AREAS SUBJECT TO FLOODING OR STORM WATER OVERFLOWS
. :WATER COURSES, MARSHES, WOODED AREAS, TREES 8" IN DIAMETER OR MORE
'ANY BUILDING WITHIN 100 ' OF PROPERTY
i
jPAVED AREAS, SIDEWALKS, VEHICULAR ACCESS TO PUBLIC STREETS
! EXISTING SEWERS, CULVERTS, WATERLINES WITHIN OR ADJACENT TO PROPERTY
- : FENCING FENCING LANDSCAPING AND SCREENING
.; PROPOSED BUILDINGS OR STRUCTURAL IMPP.OVEMENTS
.jOFF STREET PARKING AND LOADING AREAS
I
~ '; OUTDOOR LIGHTING OR PUBLIC ADDRESS SYSTEMS
OUTDOOR SIGNS
; 239K SIDEWALKS LOCATIONS WIDTHS: SIZE OF WATER AND SEWER LINES
LAX-
ZA-.t-I�Mc ems- a ()"'• �..,s.�
�� Qom• � �`g �� - -
Rb "%7
APPEALS BOARD MEMBERS +'r '+'..: `_ SCOTT L.HARRIS
Supervisor
Gerard P.Goehringer,Chairman �h
Charles Grigonis,Jr.
Serge Doyen,Jr. y Town Hall,53095 Main Road
Ei P.O.Box 1179
James Dinizio,Jr. Southold,New York 11971
Robert A.Villa ° Fax(516)765-1823
Telephone(516)765-1809 ; Telephone(516)765-1800
BOARD OF APPEALS
TOWN OF SOUTHOLD ��, ✓
vs
INTER-OFFICE MEMORANDUM o'2S
TO: Office of the Building Department `
Attention: Victor Lessard, Principal Inspector
FROM: Office of the Board .-of Appeals
DATE: June 28, 1991 -
SUBJECT: Your Memorandum Concerning Ball Courts as
Accessory Uses
Supplementing your recent inquiry, please be aware that we
have also received correspondence from Troy Gustayson (Times
Review) explaining his proposal to place a paddle-ball court,
30 ' wide x 60 ' long, as an accessory structure and accessory
use, in the required rear yard with a set back of at least 10
feet from all property lines in this "B" General Business Zone
District.
It is our understanding that the informal request has been
referred based upon an inquiry from the Planning Board office
concerning the commercial zoning of the premises and the wording
in the code allowing tennis courts as an accessory use related
to residential. use and not commercial use.
Section 100-101C(1) of the "B" General Business Zone District
permits accessory uses and is regulated under the Agricultural-
Conservation Zone District, Section 100-31C, Subsections 1
through 8, and is further regulated by Section 100-33.
Sub-section ( 4) under Section 100-31C does specifically provide
for an accessory)tennis court use, as well as other different
types of accessory structures. Although a paddle ball court
is not defined in the zoning code, there is no substantial
difference from a zoning viewpoint, regardless of the type of
construction.
,a
G
It is apparent that this legislation is intended 'to allow
recreational uses similar to that of a swimmingpool or tennis
court, and it has been the past policy of the town in previous
building permit applications and variances not to prohibit ball
courts that are only structurally different from tennis courts,
including residential zone districts. The legislation clearly
provides that a "recreational structure" of this nature must not
be used for profit or other gainful purpose, and its intent is
not to be of a commercial nature, and must be strictly`
subordinate and accessory to the principal use.
Therefore, it is the position of this Department• that
paddle-ball courts should not be excluded from the list of
permitted accessory uses which provide for accessory tennis
courts as a permitted accessory use.
Should the landowner apply for such use as a separate commercial
activity for profit or gainful purposes, an area variance would
be necessary particularly if the land is already occupied by a
principal commercial use for which 30,000 sq. ft. of land area
has been applied, and if granted, the code provides for a
principal use in the General Business (B) Zone with Special
Exception and site plan approvals.
We are providing the Planning Board with a copy of this letter
and your memorandum in the event there are questions when the
application for site plan approval is submitted to their
office.
r
GG:lk
cc: Planning Board Chairman and Members
Valerie Scopazi Senior Planner
Bob Kassner, Planner
i Southold Town Bard ®f eatspp
`• � `" ®� MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 3420 .
Application Dated October 22 , 1985 ( Public Hearing 11 /14/85 )
TO: Mr. John De Reeder as Agent [Appellant (s) ]
for SUNBOW ASSOCIATES
240 Wampum Way
Southold , NY 11971
At a Meeting of the Zoning Board of Appeals held on December 12 , 1985
the above appeal was considered, and the ,action indicated below was taken
on your [ ] Request for Variance Due to Lack of Access to Property
New York Town Law, Section 280-a
[ ] Request for Special Exception under the Zoning Ordinance
Article , Section
T [X] Request for Variance to the Zoning Ordinance
Article VII , Section 100-71 , Bulk Schedule
[ ] Request for
Application of SUNBOW ASSOCIATES - Appeal No . 3420 - Variance to the
Zoning Ordinance , Article VII , Section 100-71 , Bulk Schedule , for approval
of insufficient lot width (frontage ) of four proposed parcels located at
the north side of Main Road , Mattituck , NY ; County Tax Map District 1000 ,
Section 122 , Block 06 , Lot 29 .
WHEREAS, a public hearing was held and concluded on November 14 ,
1985 concerning th.e Matter of the Application of SUNBOW ASSOCIATES
under Appeal No . 3420 ; and
WHEREAS, the board has considered all testimony and documentation
entered into the record concerning this application , and it is noted
for the record that no public opposition has been received ; and
WHEREAS, the board members have personally viewed and are familiar
with the premises in question as well as its surrounding area ; and
WHEREAS, the board made the following findings of fact :
1 . The property in question is located in the "B-1 " General
Business Zoning.. District having a total frontage along the- north side
of the Main. Road in the Hamlet of Laurel of 507 ..16 feet and total
acreage of 4. 176 acres , and is identified on the Suffolk County Tax
Maps -as D-istrict 1000 , Section 122 , Block 6 , . Lot 29 .
2 . 'By this application , appellant requests approval of insuffi -
cient lot width ( frontage ) of' four parcels in this Minor Subdivision
pending before the Southold Town' Plannin.g Board of 1-26 . 79 feet each .
..Each of the proposed parcels ' is in'
n. compl-i ance with the area and depth.
requirements of the code : _. (a ) Parcel l of 49 , 585 sq . ft . in area and
average lot de.p.th of 392 . 28 feet ; (b) Parcel 2 _.of 47 , 361 sq . ft.
in area and av_erage- lot depth of 373 . 18 feet; ( c ) Parcel 3 of
44 , 20.5 sq . ft. in.. area and average depth of 348 . 64 feet ; ( d ) Parcel
4 of 40 , 759 sq . ft. in area and average dept.h' of 322 . 19 feet .
3_ Article VII , Section 100-71 , and Bulk Schedule of the Zoning
Code , requires .a minimum, lot width -of,, 150 feet .
( CONTINUED ON-'.PAGE TWO)
DATED.:- -December-- 19 , 1985 . CHAIRMAN, SOUTHOLD TOWN ZONING BOARD
OF' APPEALS
Form ZB4 (rev. - 12/_81)
Page 2 ..- A.Ppeal No . 3420
Matter of- .SUNBO�W. ASSOCIATES =
Decision Rendered December 12 , 1985
4. In considering the ..alternat.i.ves submitted by applicant ,
it is the board ' s opini.on that this application as applied is the
most 'practical and reasonable in assuring appropriate and adequate
building area- and circ.ulat on .
In considering this appeal , the board finds: (a ) that the
relief as requested is not out of character with this zoning dis-
trict ;. (b) that the circumstances of this appeal are unique ;
(,c ) that by allowing the variance, no substantial detriment would
be created_ affecti'ng adjoining properties ; (d ). that no adverse
effects will- be produced on available governmental facilities of
any increased population ; (e ) that the relief is not substantial ,
being 15% of .a variance from the requirements ; (f) that there is
no other method other than a variance feasible for appellant` to
pursue ; (g ) that the interests of justice will be served by
.allowing the variance , as indicated below.
Accordingly , on motion by Mr . Grigonis , seconded by
Mr . Douglass , 'it was
RESOLVED, that the relief requested under Appeal No . 3420
i , the Matter of the Application for 'SUNBOW 'ASSOCIATES for
approval of the insufficient lot width frontage of 126 . 79
feet along - the Main Road of each of the proposed four lots in
question ; BE AND 'HEREBY 'IS 'APPROVED ; 'SUBJECT TO THE FOLLOWING _
CONDITION :
There be no lot area or lot width reductions to less than
that shown on Minor Subdivision Map prepared by Roderick VanTuyl ,
P. C . dated June 27 ,. '1985 .
Vote of the Board : Ayes : Messrs . Grigonis , Douglass and
Sawicki . (Chairman Goehringer and ' Member Doyen of Fishers Island
were absent . ) This resolution was adopted with an unanimous vote
of three members .
lk Nut i , .
CH RLES GRIGO IS , J . CHAIRMAN PRO TEM
December... 19 , 1985
UPJOA- FL,l
T__
Nov
Oct . 31, 1991
To : Victor Lessard, Building Department
From: Troy Gustayson, Suffolk Times
Re : Lights on Platform Tennis court
I understand the original brochure we submitted to the ZBA may have
been misplaced. I'm afraid we don' t have another copy, but we do
have one of a similar court . It is enclosed for your information .
But please keep in mind that the lights shown on this brochure are
slightly raised above the court superstructure, while our lights
are built into the superstructure .
There are a few other points we hope you will take into
consideration :
1 . It is our contention that the lights on our court are integral
to the structure because they are built into it . In other words,
they are not separate . This is a used court, and the lights were
part of the package we purchased. (we would not have bought this
court without the lights . )
2 . A platform tennis court is not a tennis court . It is one-quarter
the size of a tennis court . As far as I know, there is no such
thing as a platform tennis court without self-contained lights .
That is because the game is intended to be played in the winter,
when days are short . And because the game is played in the winter,
the lights from the court will not inconvenience anyone in the
vacinity .
3 . The lights on our court are low-intensity flourescents, aimed
directly at the court surface . They are only 12 feet off the deck,
unlike tennis court lights, which are probably twice as high
because a tennis court is four times as big .
4 . The court in question is wedged between two commercial parking
lots -- ours and the one behind the shopping plaza to our west .
Both lots have site lighting, which is as bright as, or brighter
than, the lights on our court . No one uses these lots at night, and
thus no one but those playing platform tennis will be affected by
the lighting on the court .
5 . Our building and the property immediately to the west are at
least 100 feet south of the platform tennis court . Also, the
property to the west is screened from the court by a thick stand of
trees and underbrush . I have spoken to our neiyubor to the west,
Mr . Goodale, and he has no objection to the court or the lights .
While we understand that there is no provision for platform tennis
courts in the town code, we hope you will agree that this court,
with its self-contained lights, can be approved for use without our
having to seek a variance, which the ZBA specifially told us we did
not need more than 3 1/2 months ago .
Please call me at 298-3200 if you have any questions . Thank you .
(copy to Linda Kowalski, ZBA)
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subject parcel contains a total lot area (4)7:50 p.m.Appl. No. 4068 — tively a Variance to the Zoning Ordi- time and place hear any and all per-
of 17,287 sq.ft.and is located in the ELEANOR SIEVERNICH. Variance nance, Article III, Section 100- sons or representatives desiring to be 1
R-40 Zone District.Location of Prop- to the Zoning Ordinance, Article 31C(4b)(by reference to Article X, heard in the above matters. Written
erty:South Side of Mason Drive and XXIII,Section 100-239 and Article Section 100-101C)for permission to comments may also be submitted
the West Side of Broadwaters Drive, III,Section 100-32 for approval of 0 establish lighting "for after dark use prior to the conclusion of the subject
Cutchogue; County Tax Map Parcel proposed Lot #1 and Lot tit, each/� of an accessory paddle ball court hearing. Each hearing will not start
No.1000-104-7-7. having a reduction of the total lot area (also referred to as a platform tennis before the times designated above.
(3) 7:45 p.m. Appl.No. 4047 — due to wetlands,and for approval of court structure)." After-dark use is For more information, please call {
ETHEL H. BETZ. Variance to the insufficient width (frontage)of Lot prohibited under the provisions of 9- 765-1809 or visit our office.
Zoning Ordinance, Article-III, Sec- #2. Location of Property: Easterly the zoning ordinance relative'to Dated:November29,1991. C
tion 100-30A and Section-100-31A.3, side of Cox Neck Road, Mattituck, accessory tennis court structures. BY ORDER OF THE
Bulk Schedule,for approval of insuf- NY; County Tax Map Parcel ID Location of Property: 7785 Main SOUTHOLD TOWN BOARD I
ficient lot area and width of two #1000-113-8-5 containing a total of Road,Mattituck,(Laurel School Dis- OF APPEALS
parcels in this pending set-off divi- 3.7648 acres. trict),NY;Lot#1,Minor Subdivision GERARD P.GOEHRINGER
sion. Location of Property:Northeast (5) 8:00 p.m.Appl. No. 4069 — Map of Sunbow Associates; County CHAIRMAN
,side of Calves Neck Road,Southold TROY AND JOAN GUSTAVSON. Tax Map Parcel No. 1000-122-6- By Linda Kowalskiqn
NY; County Tax,Map Parcel No. Request for reversal of determination 29.1. 7239-1TD5 4` U
1000-63-7-34 and 35. of the Building Inspector,or alterna- The Board of Appeals will at said j
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COUNTY OF SUFFOLK
S'I'ATF 01= NI_W YORK ss:
NOTICE OF HEARINGS 100-239 and Article III,Section
100-32 for approval.of propos-
NOTICE IS HEREBY GIV- ed Lot No. l and Lot No.2,each Patricia Wood,' being duly sworn, says that she is the
EN,pursuant to Section 267 of having a reduction of the total Editor, .o f THE I-O N G ISLAND TRAVE
The Town Law and the Code of lot area due to wetlands,and for LER-W A'f C H M A N
the Tbwn of Southold, the approval of insufficient width a public newspaper printed at Southold, in Suffolk County;
following matters will be held (frontage) of Lot No. 2. Loca- and III-it the no(ice of which the annexed is a printed copy,
for public hearings before the tion of Property: Easterly side '
SOUTHOLD TOWN BOARD Y has been •published in said Long Island 'I'ravrlcr•Walrhman
OF APPEALS at the Southold of Cox Neck Road, Mattituck,
NY;County Tax Map Parcel I once each week for . . . . , . . , / . , , weeks
Town Hall,.53095 Main Road,
No. 1000-113-8-5 containing a
Southold,NY 11971,on MON- total of 3.7648 acres. Strccessivel comrnencin on the
DAY, DECEMBER 16, 1991 8:00 y' g . . . . . . . . . . .S, , , , • • • • • •
p.m. Appl. No. 4069-
commencing at the times TROY AND JOAN.GUSTAV-
specified below:. SON. Request for reversal of day of* . ,D e•e a mb.e r 1
(1)7:35 p.m.Appl.No.4066- 1 9
PELLIGRINI WINERY. determination of.the Building
Inspector, or alternatively a
Special Exception to the Zoning Variance to the Zoning Or- • • • • • • • • . . . . . . . . . . . . . . . . .
Ordinance, Article III, Section dinance,_ Article III, Section
100-31B.13 for permission-to 100-31C (4b) {by reference to
establish winery use for the pro- Article X,Section 100-101C)for
duction and sale of wine pro- permission to establish lighting
duced from grapes primarily «
grown in the location of this for after dark use of an ac- Sworn t c r before file I h i s . .. . . . . . . . . . . .S y o cl�r
cessory paddle ball court (also
vineyard.Location of Property: referred to as a platform tennis December
North Side of Main Road(State court structure):'After-dark use ' ' ' ' ' ' ' • • • ' • • • ' • • • • • • • • . 1 9
91
Route 25), Cutchogue,�NY, is prohibited under the provi-
County•I'ax Map District 1000, sions of the zoning ordinance
Section 109, Block 1, Lot 8.7; relative to accessory tennis court
bounded on the west by Alec structures. Location of Proper- p
and Cross, north by Jablonski, ty:7785 Main Road,Mattituck, v
east by Carnation Properties, • • • • • • Q.,d
(Laurel School District), NY;
south by Main Road. Notary Public
Lot No. 1, Minor Subdivision
(2)7:40 p.m.Appl.No 4067- Map of Sunbow Associates; BARBARA A. SCHNEIDER.
PAOLOLAVAGETTO.Variance County Tax Map Parcel No. NOTARY PUCLIC, State of New Yort
to the Zoning Ordinance,Arti- 1000-122-6-29.1. — �.co 1Jo. 4�Ou346
cle IIIA,Section 100-30A(Sec- he Board of Appeals will at Qualified in Suffolk Co my
tion XXIV, Section 100-244B) said time and place hear any and Commission Expires 'A, >2
for permission to construct all persons or representatives
garage and storage addition with desiring to be heard in the above
reduction in the(westerly) side matters.Written comments may.
yard setback on this corner lot. also be submitted prior to the
The subject parcel contains a conclusion of the subject hear-.
total lot area of 17,287 sq. ft. ing. Each hearing will not start
and is located in-the R 40 Zone before .the times designated
District. Location'of Property: above. For more information,
South side of Mason Drive and please call 765-1809 or visit our
the West side of Broadwaters office.
Drive, Cutchogue; County Tax Dated: November 29, 1991.
Map Parcel No. 1000-104-7-7. BY ORDER OF THE
(3)7:45 p.m.Appl.No.4047- SOUTHOLD TOWN
ETHEL H. BETZ. Variance18 BOARD OF APPEALS
The Zoning Ordinance,Article GERARD P. GOEHRINGER
III, Section 100-30A and Sec- CHAIRMAN
tion 100-31A.3, Bulk Schedule, BY Linda Kowalski
for approval of insufficient lot D 1X-12/5/91(44)
area and width of two parcels in
this pending set-off division.
Location of Property:Northeast
side of Calves Neck Road,
Southold,NY;County Tax Map
Parcel No..1000-63-7-34 and 35.
(4)7:50 p.m.Appl.No.4068-
ELEANOR SIEVERNICH.
Variance to the Zoning Or-
dinance,Article XXIII,Section
APPEALS BOARD MEMBERS '`.�' L f''C,( , , SCOTT L.HARRIS
Gerard P. Goehringer,Chairman
" C, , Supervisor
Charles Grigonis,Jr. _ °?=� .
D ,�;
Town Hall,53095 Main Road
Serg
e Doyen,Jr. . . P.O.Box 1179
James Dinizio,Jr. `� � _.
,.;. ' - Southold,New York 11971
Robert A.Villa _ ` :';
.. fir Fax(516)765-1823
Telephone(516)765-1809 Telephone(516)765-1800
BOARD OF APPEALS
TOWN OF SOUTHOLD
TO WHOM IT MAY CONCERN:
Enclosed herewith as confirmation of the time, date and
place of the public hearing concerning your recent application is
a copy of the Legal Notice, as published in the Long Island
Traveler-Watchman, Inc. and Suffolk Times, Inc.
Please have someone appear in your behalf at the time
specified in the event there are questions brought up during the
same and in order to prevent a delay in the processing of your
application. Your public hearing will not start before the time
allotted in the attached Legal Notice. Additional time will, of
course, be available. A drafted or final written copy of your
presentation, if lengthy, is always appreciated.
Please feel free to call our office prior to the hearing
date if you have any questions or wish to update your file.
Yours very truly,
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski
Enclosure
Page 4 - Legal Not >>2
Hearings for December 16, 1991
Southold Town Board of Appeals
Also interested:
Mr. and Mrs. Philip VanBourgondien (In favor of Betz appl. )
P.O. Box 1211
1285 Calves Neck Road
Southold, NY 11971
Mr. and Mrs. Basil Northam (Against Betz appl. )
P.O. Box 1053
Southold, NY 11971
Dr. and Mrs. CLaus H. Robohm (In favor of Betz appl. )
P.O. Box 818
Southold, NY 11971
Mr. and Mrs. John Kramer (Interest in Betz appl. )
P.O. Box 1360
Southold, NY 11971
Mr. John Prestia (Builder for Paola Lavagetto)
P.O. Box 66
Cutchogue, NY 11935
Mr. and Mrs. Paolo Lavagetto
14 Wycoff Place
Woodmere, NY 11958
Anthony Salvatore, Esq. (Repr. Sievernich)
Hillside Professional Center
45 Route 25A
East Setauket, NY 11733
Wickham, Wickham & Bressler, P.' C. (Repr. Gustayson) .
P.O. Box 1424
Mattituck, NY 11952
Also copies with file info to ZBA Members,
Individual Hearing Files, and
Town Clerk Bulletin Board
1
APPEALS BOARD MEMBERS C '� SCOTT L. HARRIS
• qF Supervisor
Gerard P. Goehringer, Chairman
Charles Grigonis, Jr.' '"lO,� �� Town Hall, 53095 Main Road
Serge Doyen, Jr. P.O. Box 1179
- Southold, New York 11971
James Dinppizio, Jr.11 BOARD OF APPEALS Fax (516) 765-1823
Telep
Robee 516� 7�5�18�9 TOWN�OF SOUTHOLD . �' '{ , Telephone (516) 765-1800
nonSEQRA UNLISTED ACTION DECLARATION Nov. _21 , 1991
Appeal No. 4069 Project Name: Troy & Joan Gustayson
County Tax Map No. 1000- 122-6-29.1
Location of Project: 7785 Main Rd. , Laurel , NY
Relief Requested/Jurisdiction Before This Board in this Project:
LiQhtinq on Paddle Ball Court ffteafter'ii:dark use
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.
An Environmental Assessment (Short) Form has been submitted with the
subject application indicating that no significant adverse environmental
effects are .1ikelk t0 occur' sho'u•ld the Project be implemented as planned,
and:
{ } this Board wishes to assume Lead Agency status and urges
coordinated written comments by your agency to be submitted with the next
20 days.
{X } this Board has taken jurisdiction as Lead Agency, has deemed
this Board of Appeals application to be an Unlisted SEQRA Action, and has
declared a Negative Declaration for the following reasons:
a. An Environmental Assessment has been submitted and evaluated, and/or
b. An inspection of the property has been made, or
c. Sufficient information has been furnished in' the record to evaluate any
possible adverse affect of this project as filed, and/or
d. This application does not directly relate to new construction or
on-site improvements. I
{ } this Board refers lead agency status to your agency since the
Board of Appeals does not feel its scope of jurisdiction is as broad as
the Planning Board concerning site changes and elements under the site
plan reviews. The area of jurisdiction by the Board of Appeals is not
directly related to site improvements or new buildings. (However, if you
do not wish to assume lead agency status within 15 days of this letter, we
will assume you have waived same, and. we will be required to proceed as
Lead Agency. )
For further information, please contact the Office of the Board of
Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809.
Cc
LAW OFFICES
WICKHAM, WICKHAM & BRESSLER, P.c.
MAIN ROAD, P.O. BOX 1424
MATTITUCK, LONG ISLAND
WILLIAM WICKHAM NEW YORK 11952 MORTGAGE OFFICE
ERIC J.BRESSLER
516-298-5300
ABIGAIL A.WICKHAM
516-298-8353 TELEFAX NO.516-298-2012
DANIEL C.ROSS TELEFAX NO. 516-298-8565
LYNNE M.GORDON
JOSEPH C.SAVINO
HUBERT F.SULLIVAN
KAREN J.HAGEN
! �1 1151, (�C E:� i
--- u._� L _.�
November 15, 1991 �i jlOV ® 109'
Southold Town Board of Appeals
P.O. Box 1179
Southold, N.Y. 11971
Re: Troy Gustayson Appeal from
Decision of Building Inspector
Dear Sir:
Enclosed please find the following:
1. Check number 104 in the amount of $300. 00
2 . Notice of Disapproval
3 . Appeal
4. Short Environmental Assessment form
5. ZBA Questionnaire
6. Notice to Adjacent Property Owners with Certified
Mail receipts.
7. Four copies of proposed site plans.
If all is in order please place on the December
calendar.
Very truly yours,
Eric Jj�ressler
EJB:vm
Encls.
P. S. This letter was inadvertently left out of the package. Also
enclosted is attachment with respect to the Appeal .
EALS BOARD MEM; tS
;;r l,;•�� SCOTT L.HARRIS
Gerard P.Goehringer,Chairman �' �,`, Supervisor
Charles Grigonis,Jr. = ".Serge Doyen,Jr. Town Hall,53095 Main Road
41 '�`' � '�:� =' P.O.Box 1179
James Dinizio,Jr. Southold,New York 11971
Robert A. Villa Fax(516)765-1823
Telephone(516)765-1809 ephen�-( 765-1800
BOARD OF APPEALS
TOWN OF SOUTHOLD
INTER-OFFICE MEMORAND F
TO: Office of the Building Department '
Attention: Victor Lessard, Principal Inspector
FROM: Office of the Board of Appeals
DATE: June 28, 1991
SUBJECT: Your Memorandum Concerning Ball Courts as
Accessory Uses
Supplementing your recent inquiry, please be aware that we
have also received correspondence from Troy Gustayson (Times
Review) explaining his proposal to place a paddle-ball court,
30' wide x 60' long, as an accessory structure and accessory
use, in the required rear yard with a set back of at least 10
feet from all property lines in this "B" General Business Zone
District.
It is our understanding that the informal request has been
referred based upon an inquiry from the Planning Board office
concerning the commercial zoning of the premises and the wording
in the code allowing tennis courts as an accessory use related
to residential use and not commercial use.
Section 100-101C( 1) of the "B" General Business Zone District
Permits accessory uses and is regulated under the Agricultural-
Conservation Zone District, Section 100-31C, S-ubsections- 1
through 8, and is further regulated by Section 100-33 .
Sub-section ( 4) under Section 100-31C does specifically provide
for an accessory tennis court use, as well as other different
types of accessory structures. Although a paddle ball court
is not defined in the zoning code, there is no substantial
difference from a zoning viewpoint, regardless of the type of
construction.
i
It is apparent that this legislation is intended to allow
recreational uses similar to that of a swimmingpool or tennis
court, and it has been the past policy of the town in previous
building permit applications and variances not to prohibit -ball
courts that are only structurally different from tennis courts,
including residential zone districts. The legislation clearly
provides that a "recreational structure" of this nature must not
be used for profit or other gainful purpose, and its intent is
not to be of a commercial nature, and must be strictly
subordinate and accessory to the principal use.
Therefore, it is the position of this Department that
paddle-ball courts should not be excluded from the list of
permitted accessory uses which provide for accessory tennis
courts as a permitted accessory use.
Should the landowner apply for such use as a separate commercial
activity for profit or gainful purposes, an area variance would
be necessary particularly if the land is already occupied by a
principal commercial use for which 30, 000 sq. ft. of land area
has been applied, and if granted, the code provides for a
principal use in the General Business (B) Zone with Special
Exception and site plan approvals.
We are providing the Planning Board with a copy of this letter
and your memorandum in the event there are questions when the
application for site plan approval is submitted to their
office.
GG:lk
cc: Planning Board Chairman and Members
Valerie Scopaz, Senior Planner
Bob Kassner, Planner
JUDITH T. TERRY iC Town Hall, 53095 Main Road
TOWN CLERK Z P.O. Box 1179
REGISTRAR OF VITAL STATISTICS Lr% T Southold, New York 11971
MARRIAGE OFFICER VO Fax (516) 765-1823
Telephone (516) 765-1801
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
TO: Zoning Board of Appeals
FROM: Office of the Town Clerk
DATE: November 19, 1991
RE: ZONING APPEAL APPL. NO. 4069 - TROY 6 JOAN GUSTAVSON
Transmitted herewith is Zoning Appeal Application No. 4069 - Troy &
Joan Gustayson together with the Notice of Disapproval from the Building
Department, the Short Environmental Assessment Form, the Zoning Board
of Appeals Questionnaire, the Notice to Adjacent Property Owners, and
a copy of the Site Plan.
Judith T. Terry
Town Clerk
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FORM NO.3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
Date . . . . . 19
G 9.1. . .
To
PLEASE TAKE NOTICE that your application dated . . q'a , . ,a 3, . . . . . .. 19
for permit to
. . . . . at. . . .
Location of Property i q .y o�
House No. Street Hamlet
County Tax Map No. 1000 Section . . . ./. a.a. . . . . Block . . . . Q r. . . . . . Lot c�.[ (_ . . . . .
Subdivision . . . . . . . . . . . . . . . . . Filed Map No. . . . . . . . . . . . . . . . Lot No.
is returned herewith and disapproved on the following grounds . �A-a+1
.oSs�.c°-�:-�►. ./,a D.- 3(C. . �'.8. .�. .��:�. /off-.�.� *. . ��.`:. �/�C).�.�. . r. . . . . . .
.4% .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
%INC; z
Bui� ding Inspector
RV 1/80
14-16-3 121871_Text 12
PROJECT I.D.NUMBER
617.21 L SEQR
Appendix C
State Environmental Quality Review
SHORT E�JViRONMEINTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
PART I—PROJECT INFORMATION (To be completed by Applicant or Project sponsor)
1. APPUCANT!SPONSOR
TROY GUSTAVSON 2. PROJECT NAME
3. PROJECT LOCATION:
Munlcloality Matti tuck ; _ ,
4. PRECISE LOCATION(Street address and road intersectlons,prominent landmarks.etc Suffolk
�or provide map) .
7785 Main Road, Mattituck, New York 11952
5. IS PROPOSED ACTION:
5�}
New ❑Exoanslon ❑Modifteatlonralteratlon
6. DESCRIBE PROJECT BRIEFLY:
Platform Tennis Court Lighting
7. AMOUNT OF LAND AFFECTED:
Initially None acres Ultimately None,
acres
8. WILL PROPOSED ACTION CCMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS?
` Yes ❑No It No,describe brielly
9. WHAT IS PRESENT LAND USE-IN VICINITY F PROJECT?
Residential r
❑Industrial Commercial ❑Agriculture ❑ParklForest/Open space
Oescnbe: ❑Omer
10. DOES ACTION INVOLVE A PERMIT APPROVAL.OR FUNDING.NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL,
STATE OR LOCAL)7
Yes ❑No If yes,list a enc ermiUa 9 Y(sI and P PProvals
Building Department- Southold Town
11. ��ry►DyOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
L'J"Tes �NO Ii
yes,list agency name and permitlapproval
Buildinq Permit - Southold Town
12. AS A RESULT OF PROPOSED'AUIION WILL EXISTING PERMITIAPPROVAL REQUIRE MODIFICATION7
❑Yes j9NO
1 CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE 13EST OF MY KNOWLEDGE
Applicantisponsor name: ��Gustays On
DateSignature:
flIthe:action is in the Coastal Area. and you are a State agency, Complete the
astal assessment Form before proceeding with this assessment
OVER
(CC„
y .
The N.Y.S. Environmental Quality Review a
of this farm, and an environmental review will lie made Ly this esion
before an Act requires submission
Y action is taken.
oara
SHORT MrVTRO,,IMENTAL
aSSESS`•tE*7T FOTLM
NSTRUCTZONS: -
(a) In order to answer the questions in this short EA.-
currently
it is assumed
additional the,
will use
that the prepa
project and the lik. research or oth
likely impacts of .available information concerning the
the
action. It is not expected that
er It
will be undertaken.
(b) If any question has been answered Yes the project may be siq-
nificant and completed EnviroMmental assessment Form is necessary, `
(c) If all questions have been answered No it is likely that the
project is not significant_
(d) Environmental Assessment
1• Will project result in a lar ge physical change
,
to the project site or physicall ,
than 10 acres of land? y alter more
2• Will there be a major chance to an —Yes -ENO
unusual land form on the site? Y unique or
3- Will project '' _Yes X No
alter or have a large effect on
an existing body of water:
4• Will project have _Yes X No
groundwater a potentially large. imp
quality? act on
5. Will project significantly effect d Yes X.4o
on adjacent sites? rainage flow
6- Will project affect any threatened
X No ,
plant or animal species? endangered
or endangered
Yes X^ro
7. Will project result in a major adverse effect on
air quality?
Yes XNo
project
8• Will have a major effect on visual char-
__
acter of the community or scenic views or vistas
known to be important to the cor.-unity?
..Yes
9. Will project adversely impact any site or struct-
ure of historic, pre-Historic, or paleontological
importance or.any site desicnated as a critical
envircnmental area by a local agency?
10. Will project h •' -Yes X No .'
have a major effect on existing or ,
future recreational opportunities? •
-Yes X No '
11_ Will project result in major'traff*' problems or
cause a major effect to systems? existing transportation
12. Will Yes XNO
Project regularly cause objectionable odors,
noise, glare, vibration, or electrical
ance as a result of disturb-
the project's operation? -Yes XNo
13_ Will project have any impact on public health
or safety?
14. Will Yes X No
directly i
project affect the existing community by
tion of more re nq a growth in permanent popula-
than 5 percent Ov Period or have a major ne er a one-year
character of the co gacive effect on the �YeS _ _No
r.�unity or neighborhood?
15. Is there public controvers
pro7ect: y concerning the
preparers- Sign/a/t Yes X%
G7/ e• '
Renreselti.^.a:
QUESTIONNAIRE
FOR FILING WITH YOUR Z.B.A. APPLICATION
A. Please disclose the names of the owner(s) and any other
individuals (and entities) having a financial interest in the
subject premises and a description of their interests:
(Separate sheet may be attached. )
Troy and Joan Gustayson
B. Is the subject premises listed on the real estate market for
= sale or being shown to prospective buyers? { } Yes
{X } No. (sf Yes, nl� attach copy of "conditions" of sale. )
C. Are there any proposals to -change = alter land contours?
{ } Yes U } No
D. 1.. Are there any areas which contain wetland grasses? Ng
2. Are the wetland areas shown on the map submitted with
this application? N6-
3. Is the property bulkheaded between the wetlands area and
the upland building area? 'ids
4. ' If your property contains wetlands or pond areas, have
you contacted the Office of the Town Trustees for its
determination of jurisdiction? . Nn
E. Is there a depression or sloping elevation near the area of
proposed construction at or below five feet above mean sea
level? /,N,,v (If not applicable, state "N.A. " )
F. Are there any' patios, concrete barriers, bulkheads or fencas
o
which exist and are not shown on the survey map that you are �
0
submitting? Wo If none exist, please state "none."
G. Do you have an construction taking
g place at this time �
concerning your premises? .( NO If yes, please submit a copy
of your building permit and map as approved by the Building (�
Department. If none, please state.
H. Do you or any co-owner also own other land close to this
parcel? No If yes, please explain where or submit copies
of deeds.
I. Please list present use or operations conducted at this
parcel Newspaper/Platform tennis and
proposed use j<<. . . same
Authorize S gnature and Dat
3/87, 10/ Olk
i I
§ 97-13 WETLANDS § 97-13
TOWN — The Town of Southold.
TRUSTEES — The Board of Trustees of the Town of
Southold. [Added 6-5-84 by L.L. No. 6-19841
WETLANDS [Amended 8-26-76 by L.L.No.2-1976; 3-26-
85 by L.L.No.6-19851
A. TIDAL WETLANDS:
(1) All lands generally covered or intermittently cov-
ered with,or which border on,tidal waters,or lands
lying beneath tidal waters, which at mean low tide
are covered by tidal waters to a maximum depth of
five (5) feet, including but not limited to banks,
bogs, salt marsh, swamps, meadows, flats or other
low lying lands subject to tidal action;
(2) All banks, bogs, meadows, flats and tidal marsh
subject to such tides and upon which grows or may
grow some or any of the following: salt hay, black
grass, saltworts, sea lavender, tall cQrdgrass, high
bush, cattails, groundsel, marshmallow and lnw
march cordgrass,=d/ur
(3) . All land immediately adjacent to a tidal wetland as
defined in Subsection A(2) and lying within seven-
ty-five (75) feet landward of the most landward
edge of such a tidal wetland.
B. FRESHWATER WETLANDS:
(1) "Freshwater wetlands"as defined in Article 24, Ti-
tle 1, § 24-0107, Subdivisions 1(a) to 1(d) inclusive,
of the Environmental Conservation Law of the State
of New York; and
(2) All land immediately adjacent to a"freshwater wet-
land,"as defined in Subsection B(1)and lying with-
in seventy-five(75) feet landward of the most land-
ward edge of a"freshwater wetland."
9705 2.25-85
FORM NO.4fl f
TOWN OF SOUTHOLD j �\
BUILDING DEPARTMENT
Office of the Building Inspector
Town Hall �; L
NOTLI, . i991 iSouthold, N.Y. _
Certificate Of Occupancy
No. , Z16874 May 16 , 1988
. . Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
THIS CERTIFIES that the building . C omme r c i a l b u i l d i n g
Location of Property 7 7 8 5 M a in R o ad Laurel
House No. St'reet' Hamlet'
County Tax Map No. 1000 Section . . ?2. . . . . . .Block . . . . 6. . . . . . . .Lot . .2 9.'.1. . . . . . . . . . .
Subdivision .S unb ow Associates , , , ,Filed Map No. . . . . . . . .Lot No. . . . . . . . . . . .
conforms substantially to the Application for Building Permit heretofore filed in this office dated
Aug . 13 , 1987 pursuant to which Building Permit No. 16375Z. . . . . . . . . . . . . .
dated Aug ; 24 , 198 7 was issued, and conforms to all of the requirements
of the applicable provisions of the law. The occupancy for which this certificate is issued is . . . . . . . . .
Construct a newspaper building .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The certificate is issued to , JOAN & TROY GUSTAVSON
(owner, . . . . . . . . . . .
of the aforesaid building.
Suffolk County Department of Health Approval . 0 0 3 Ma y 13 , 1988 .
UNDERWRITERS CERTIFICATE NO. . . . . . . . .Pending May 12 , 1988. . .
PLUMBERS CERTIFICATION DATED : Richard W. Goelz , Jr . 5/ 16/88
Y�
Building Inspector
Rev. 1/81
}
FORM NO.4
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
Office of the Building Inspector
Town Hall
Southold, N.Y.
Certificate Of Occupancy
Z16874 May . 16 , 1
No. . . . . . . . . . . . . . . . . . Date . . . . . . . . . . . . . . .988. . . . . . . . . . . . . . . .
THIS CERTIFIES that the building . .0 9TTe.r c i a l b u i l d i n g
e
Location of Property 7 7 8 5 Main Road . Laurel
House No. Street Hamlet
County Tax Map No. 1000 Section . . ?2. . . . . . .Block . . . . 6. . . . . . . .Lot . .2 9.' 1
Subdivision S unb ow Associates . . . .Filed Map No. . . . . . . . .Lot No. . . . . . . . . . .
conforms substantially to the Application for Building Permit heretofore filed in this office dated
Aug . 13 , . 19 8.7. pursuant to which Building Permit No. 1 6 3 7 5 Z
dated Aug : 2 4 , 19 8.7 was issued, and conforms to all of the requirements
of the applicable provisions of the law. The occupancy for which this certificate is issued is . . . . . . . . .
Construct a newspaper building .
The certificate is issued to , JOAN & TROY GUSTAVSON
(owner,X49" i
of the aforesaid building.
Suffolk County Department of Health Approval .C 10-8 7-0 0 3 M a y 1 3 , 19 8 8 .
UNDERWRITERS CERTIFICATE NO. . . . . . . .. .pending May 12 , 1988
PLUMBERS CERTIFICATION DATED: Richard W . Goelz , Jr . 5/ 16/88
Building Inspector
Rov. 1/81
BOARD OF APPFALS, TOWN OF SOOT JOLD
In the Matter of the Petition of
TROY GUSTOVSON NOTICE
TO
to the Board of Appeals of the Town of Southnld ADJi,Cc•iIT
TO: Southold Town Board of Appeals PROPERTY OWNER
P.O. Box 1179
Southold, N.Y... 11971
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 arianc ► (Special Exception) (Special'Permit) (Other) (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: 7785 Main Road, Laurel , Newl York
SCTM No. 1000/122/06/29
3. That the property which is the subject of such Petition is located in the following zoning district:
Zone B
4 That by such Petition,.the undersigned will request the following relief:
Platform tennis lighting
5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are Article Secticn 199-101c(1)/SectionlOO-31c 1-8 & Section 100-33.
[. ] 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 may 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: November .15, 1991 -
.
v5 ��
Petitioner
Owners ' Na es : . Troy Gustayson
Post Office Address
P:O. Box 1500
Mattitil&'k_ New York 11952
Tel . No . ( )
.. .19F1v<S.p:4;u,°. •!,?'.-:j,x`:fBbJ�,?.A:1 (' _ c0'y' ,_..7
[Copy. of sketch or plan showing proposal to^--be a�tt'ac'hed for convenlenCe
purposes . ] '`
ti
PROOF OF Mnll_►,NM, nr: N(ITiC'F
A'I":' CH (: tZT is L J •.!AIL iiL ":ri TS
I
NAME AnnRFSS
Sunbow Associates 1065 Hyatt Rd. Sothold, New York 11971
William Goodale 15 4th Street, New Suffolk, New York 11956
Harvey Bagshore New Suffolk Ave, Mattituck, N.Y. 11952
w
STATE OF NEW YORK ) ss.:
COUNTY OF SUFFOLK )
Virginia Maginn residingat Bungalow Lane, Mattituck, N.Y. "
being duly sworn, deposes and says that on the `= day
of November , 19 91 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 set 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-
face at Matti tuck New York ;that said Notices were mailed to each of said persons by
(certified) (registered) mail.
/
Sworn to before me this irginia Maginn
Nd
day of November , 19 91
Notary Public --g�'8,eoNGO IssltuwoO
7 nog mlolln A8g1jeno
Notary Puublliic S ateEof a Zt 94 ,� Ned�pN
New York �Jl�N;°ei S
No 4875122 a3N1 -ro 3� or
�fiQ'uallfied in Suffolk Coun
Isslon Expires Nov.3,1 ,
( This side does not have to be completed on form transmitted to adjoining
kproperty owners . )
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