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Home My WebLink About4039 N6 tom_ Sid6 6:C .__45 Cliffside Assoc. 8peci. l ,Exception ..to permit mult .ple. dwellings with 6 units per building. filed 3.22.85 _ I , APPEALS BOARD MEMBERS � ��,i3FF8(K��G SCOTT L.HARRIS Supervisor Gerard P.Goehringer, Chairman Wo A Z Serge Doyen,Jr. a '" t" S Town Hall, 53095 Main Road James Dinizio,Jr. �Qlrc51� P.O.Box 1179 Robert A.Villa Southold, New York 11971 Richard C.Wilton Fax (516) 765-1823 Telephone (516) 765-1809 BOARD OF APPEALS Telephone (516)765-1800 TOWN OF SOUTHOLD RESOLUTION ADOPTED AUGUST 18 , 1993 INTERPRETATION/RESOLUTION: Appl. No. 4039: Upon Application of CLIFFSIDE ASSOCIATES, INC. (Owner) requesting an Interpretation to allow kitchenettes in motel units under the definition of "Resort Motel," at Article III, Section 100-13 of the Zoning Code. WHEREAS, a request under application No. 4039 for an Interpretation of Article III, Section 100-13, Definitions, of the Zoning Rules and Regulations of the Town of Southold, has been duly filed with the Secretary of the Board of Appeals by Richard Haefeli, Esq. ; and WHEREAS, said application requests an interpretation to determine whether or not kitchenettes and cooking facilities constitutes a permitted alteration within the language and zoning definitions pertaining to motels, with specific reference to the property at 61475 County Road 48, Greenport, which has received a Special Exception permitting motel units without kitchenettes and without cooking facilities; and WHEREAS, members of the Board viewed the property on numerous occasions; and WHEREAS, hearings were calendared by this Board on August 15, 1991, November 21, 1991, at which times postponements were requested by the applicant' s attorney due to scheduling conflicts, and which postponements were granted by the Board for an indefinite . time pending confirmation and availability of the applicant and his agent at a public hearing; and WHEREAS, further hearings were calendared, and after due notice were held, on May 20, 1993 and July 22, 1993 at the Southold Town Hall at 7: 45 p.m. and 8 : 05 p.m. , respectively; and WHEREAS, at said hearings all those who desired to be heard were heard and their testimony recorded; and " Page 2 - Appl. No. 39 Application of CLIWIDE ASSOCIATES Decision Rendered August 18, 1993 WHEREAS, the complete record and all testimony have been carefully considered, and the following pertinent facts noted: 1. Absent express language to the contrary the general ,rule is that a motel unit is not a dwelling unit, and a zoning code may distinguish, and as in the Town of Southold has properly distinguished between the two uses. 2. Article III, Section 100-13 of the Zoning Code permits the following types of motel units in the Resort-Residential RR Zone District: "HOTEL OR MOTEL, RESORT - A building or group of buildings, whether detached or in connected units, containing individual guest units consisting of a room arranged or designed to be available for use as sleeping quarters for transients on a daily rental basis or for vacationers or other persons on a weekly rental basis, provided that one (1) such unit may connected directly with not more than one (1) other such unit. Each unit shall have a door opening on the exterior of the building or on a common hallway leading to the exterior. A "resort motel" may include such accessory uses as a beach cabana, private dock, dining room, restaurant or accessory convenience shop, office or personal service facility, provided that such facility or shop is located within the building without any external sign or display and off-street parking facilities. The term "resort motel" shall not be construed to include "transient motel" or "mobile home park." HOTEL OR MOTEL, TRANSIENT - A building or group of buildings, whether detached or in connected units, containing individual guest units consisting of a room arranged or designed to be available for use as sleeping and living quarters for transients on a daily rental basis, provided that one (1) such unit may connect directly with no more than one (1) other such unit and that no cooking facilities shall be available. Each such unit shall have a door opening on the exterior of the building or on a common hallway leading to the exterior. A "transient hotel or motel" may include such accessory uses as an office, retaurant, accessory personal services, swimming pool and off-street parking facilities. The term "transient hotel or motel" shall not be construed to include "resort motel" or "mobile Page 3 - Appl. No. 39 i Application of CLIOIDE ASSOCIATES Decision Rendered August 18, 1993 home park," nor shall it be deemed to include any dwelling unit except that of the owner or manager." DWELLING UNIT - A building or entirely self-contained portion thereof consisting of a minimum living area of eight hundred fifty (850) square feet containing complete housekeeping facilities for only one family, including any domestic servants employed on the premises, and having no enclosed space, other than vestibules, entrance or other hallways or porches, or cooking or sanitary facilities in common with any "dwelling unit." A house trailer, a boarding or rooming house, convalescent home, fraternity or sorority house, hotel, motel, inn, lodging or nursing or similar home or other similar structure shall not be deemed to constitute a "dwelling unit." (Emphasis added) 3. The addition of kitchenettes or cooking facilities in each individual motel unit will not effectively increase its present motel room size, which is limited to a maximum of 600 square feet of total floor area. 4. Accordingly, on motion by Member Villa, seconded by Chairman Goehringer, it was RESOLVED, by the Board of Appeals, that Application No. 4039, requesting an Interpretation of Article 100-13 to determine whether or not the addition of kitchenettes or cooking facilities in motel units is permitted, for resort motel and/or transient motel, is hereby answered in the negative on the following grounds: 1. Since January 10, 1989, the subject premises was and-is situated in the Resort-Residential (RR) Zone District. 2. Subsequently, on November 2, 1989, a conditional Special Exception and conditional site plan was granted for motel units without kitchenettes or cooking facilities. 3 . The addition of kitchenettes or cooking facilities is a conversion from motel use to dwelling use, not only structurally but also by usage. 4. The Southold Town Zoning Code and Master Plan Amendments, as adopted January 10, 1989, clearly distinguishes between a dwelling unit which is permitted a kitchenette or • • Page 4 - Appl. No. 39 Application of CLIMIDE ASSOCIATES Decision Rendered August 18, 1993 cooking facility, and which a motel unit may not. (See definitions of dwelling unit and motel unit) . 5. The benefits derived in a transient and resort community are of such magnitude as to be consistent with the legislation and continuous policy prohibiting conversions of motel units into dwelling units. 6 . The zoning provision at Section 100-13 of the Code under which the applicant has based this application is not difficult or impractical to define. 7. Changes in the wording of any definition or provision of the zoning code is not authorized by action of the Board of Appeals. In fact, the wording of this provision is currently being re-drafted, and a first public hearing was held after due notice, by the Southold Town Board on the new, proposed legislation at its June 29, 1993 Meeting. As of the date of this determination, no action was taken on that proposal. 8 . The proposed addition of kitchenettes .or cooking facilities would be an extension of the permitted motel use granted under the Special Exception permit conditionally granted under Appl. No. 3542 on November 2, 1989. That Special Exception request was specifically for 68 individual motel units and one manager' s unit provided for "transient motels," and more particularly shown on the plans submitted for consideration during 1989 without cooking facilities or kitchenettes. Vote of the Board: Ayes: Messrs . Doyen , Dinizio , Villa , Wilton and Goehringer . Nays: (none ) . This resolution was duly adopted. lk � 'GERARD P. GOEHRIN ER, CHA Page 4 — Appl. No. 39 • Application of CLI � SIDE ASSOCIATES Decision Rendered August 18, 1993 cooking facility, and which a motel unit may not. (See definitions of dwelling unit and motel unit) . 5. The benefits derived in a transient and resort community are of such magnitude as to be consistent with the legislation and continuous policy prohibiting conversions of motel units into dwelling units. 6. The zoning provision at Section 100-13 of the Code under which the applicant has based this application is not difficult or impractical to define. 7. Changes in the wording of any definition or provision of the zoning code is not authorized by action of the Board of Appeals. In fact, the wording of this provision is currently being re-drafted, and a first public hearing was held after due notice, by the Southold Town Board on the new, proposed legislation at its June 29, 1993 Meeting. As of the date of this determination, no action was taken on that proposal. 8. The proposed addition of kitchenettes or cooking facilities would be an extension of the permitted motel use granted under the Special Exception permit conditionally granted under Appl. No. 3542 on November 2, 1989. That Special Exception request was specifically for 68 individual motel units and one manager's unit provided for "transient motels," and more particularly shown on the plans submitted for consideration during 1989 without cooking facilities or kitchenettes. Vote of the Board! Ayes: Messrs . Doyen , Dinizio , Villa , Wilton and Goehringer. Nays: (none ) . This resolution was duly adopted. * : x lk GERARD P.1. GOEHRINGER,' CHAIPMAN RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE Fl9�p ,OUR 9'00 Town Cle-k, Town of Sc ui;-,-U APPEALS BOARD MEMBERS SCOr1 L. ARRIS Jtr e t' Supervisor Gerard P. Goehringer, Chairman a Serge Doyen,Jr. Town Hall, 53095 Main Road James Dinizio,Jr. ��, P.O. Box 1179 Robert A.Villa Southold, New York 11971 Richard C.Wilton a' Fax (516)765-1823 Telephone (516)765-1809 BOARD OF APPEALS Telephone (516)765-1800 TOWN OF SOUTHOLD NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, that the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, JULY 22, 1993 commencing at the times specified below: 1. 7: 32 p.m. Appl. No. 4172 - To reconvene hearing in the Matter of JANET A. FERGUSON (continued from June 22, 1993 ) . Central Avenue, Fishers Island, NY; County Tax Map Parcel ID No. 1000-066-08-006. 2. 7: 35 P.M. Appl. No. 4182 - KELLY McDERMOTT. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A. 3 (Bulk Schedule) for permission to expand house and accessory garage which will exceed the 20% lot coverage limitation. Property Location: Northeasterly corner of Oysterponds Lane and Skipper' s Lane (a/k/a State St. ) , Orient, NY; County Tax Map Parcel No. 1000-24-1-8. This property contains an area of Page 4 - Notice of Hoings • Southold Town Board of Appeals Regular Meeting of July 22, 1993 8 . 8:05 p.m. Appl. No. 4039 - CLIFFSIDE ASSOCIATES, INC. (Owner) . This is a request which concerns the April 26, 1991 and April 9, 1991 Notices of Disapproval issued by the Building Inspector concerning an application for permit to include kitchenettes in motel units citing Article III, Section 100-13 which is the Definition Section of the Zoning Code pertaining to the April 9, 1991 Notice of Disapproval which reads, . .hotel or motel transient which says in part that there will be no cooking facilities. . " , and pertaining to the April 25, 1991 Notice of Disapproval which reads, " . .hotel or motel resort. Action required by Zoning Board of Appeals to permit cooking facilities in individual motel units. . . . " The subject premises previously had received a conditional determination for a Special Exception filed 11/28/89 under Application No. 3542 for use of the premises for 68 motel units without individual kitchenettes or dwelling uses. Location of Property: 61475 C.R. 48, Greenport, NY; County Tax. Map Parcel No. 1000-045-01-001 and 002 (now 2.1) , containing approximately 7.5 acres. The subject premises is located in the Resort-Residential (RR) Zone District. 9. 8 : 10 p.m. Appl. No. 4181 - AABR Realty Facilities Holding Corp. , a Type C Not-For-Profit Corporation (now or formerly known as "Association for The Advancement of Blind and Retarded, Inc. " ) , as Contract Vendee, request a Special Exception as per APPEALS BOARD MEMBERS ;' ?s� SCOTT L.HARRIS Supervisor Gerard P.Goehringer, Chairman < _ Serge Doyen,Jr. ,' Town Hall, 53095 Main Road James Dinizio,Jr. ` p P.O. Box 1179 Robert A.Villa '� '� Southold, New York 11971 Richard C.Wilton -= r Fax (516) 765-1823 Telephone (516)765-1809 BOARD OF APPEALS Telephone (516)765-1800 TOWN OF SOUTHOLD NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, that the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, MAY 20 , 1993 commencing at the times specified below: 1. 7: 30 p.m. Appl. No. 4166 - ROBERT W. ALCUS. Request for Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 (Bulk Schedule) for approval of an existing deck around existing accessory swimmingpool {which pool structure has received a Certificate of Occupancy under No. 14664 and Building Permit No. 13046 dated 6/17/84) . Variance is required since all structures have a total lot coverage over 20% of the lot area. Subject premises is nonconforming as to total lot area and width in this R-40 Low-Density Zone District and is shown on the Map of Indian Neck Park as Lot No. 8; also shown on the Suffolk County Tax Maps as District 1000, Section 98, Block 4, Lot 4. Street Address: 335 Smith Road, Peconic, NY. Page 2 - Notice ofsparings Southold Town BoaYWof Appeals Regular Meeting of May 20, 1993 2. 7: 35 p.m. Appl. No. 4167 - ETTORE PENNACCHIA and TOUCH OF VENICE RESTAURANT. Request for a Variance to the Zoning Ordinance, Article XIV, Section 100-101C( 3 ) for permission to locate an off-premises-directional sign on property owned by Ester DiGioia, premises located in the Light Industrial (LI ) Zone District, at the southeast corner of the intersection of Middle Road (County Road 48) and Lipco Road, Mattituck; County Tax Map No. 1000-141-3-18. 3 . 7: 40 p.m. Appl. No. 4165 - SANFORD H. and ELIZABETH M. FRIEMANN. Request for a Variance to the Zoning Ordinance, Article XXIII, Section 100-239. 4 for permission to construct addition and deck addition with spa within 75 feet of the existing bulkhead at 1165 Old Harbor Road, New Suffolk, NY; County Tax Map Parcel No. 1000-117-3-8. 4. Subject premises is located in the R-80 Zone District. 4 . 7: 45 p.m. Appl. No. 4039 - CLIFFSIDE ASSOCIATES, INC. (Owner) . Appeal of the April 26, 1991 Notice of Disapproval from the Building Inspector, citing " . . .Article III , Section 100-13 - Definition Section of the Zoning Code pertaining to "hotel or motel transient, which says in part that there will be no cooking facilities. " The subject premises previously had received a Special Exception under Appl. No. 3542 for motel units without maps or plans before the Board for individual FORM NO.a TOWN OF SOUTIIOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL 'I Date . . . .�•� . . . To �6LoQo�� b . . . . . . . . . . . . . . . . . . . . . . . . PLEASE TAKE NOTIICE 0pthat yJo�ur application dated . . .Up� . , �( . . , , , , , , , _ for permit to .eiKt!��!tCA� .!) e,(e n!-n{��t;/ , er . . h . . p p1. . �(i/1 ai. . at Location of Property . .�.�. 74� . . .Z-?-w- -- Q � 8 �y House No. 1 Street ( Hamlet County Tax Map No. 1000 Section . . . (Z) S, , . . . Block . . . . 0. 1. . . . . . Lot Subdivision . . . . . . . . . . . . . . . . . Filed Map No. . . . . . . . . . . . . . . . . Lot No. . . . . . . . . . . . . . . . . . is returned herewith and disapproved on the following grounds . �C -, , , ,eCA+t, / •/ 3 u . . .4-0. .R-Q. ,. . Ot c.�.c..+-. / dL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . Building Inspector RV 1/80 BOARD OF HEALTH 3 SETS OF PLANS . . . FORM NO. 1 SURVEY . . . . . TOW V OF SOUTHOLD CHECK • . •i. . . . . . . BUILDING DEPARTMENT SEPTIC FORM TOWN HALL • COUTHOLD, N.Y. 11071 NOTIFY CALL TEL.: 7G5.1802 " " • • _ . . . . . • . . • MAIL TO : Examined_. 3 „ 19g Approved ' cZ ,y ,', „ 19 1 Permit No. i h. . u 7 Disapproved a/c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Building Inspector) APPLICATION FOR BUILDING PERMIT Date . . t1ov: 21 . . . . . . .1 19 .q: INSTRUCTIONS a. This application must be completely filled in by typewriter or iri ink and submitted to the Building Inspector,with sets of plans,accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public street or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appl cation. C. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such perm: shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupant shall have been granted by the Building Inspector. k APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to th Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances e Regulations, for the construction of buildings, additions or alterations, or for removal•or demolition, as herein described The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and tc admit authorized inspectors on premises and in building for necessary inspections. i4 nneth 'Tidemark . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Signature of applicant, or name, if a corporation) 13C Jes;yp ,aye, Qu9gu�, 1_Y. 11.359 . . . . . . ... . . . (Nfailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. owner`s Name of owner of premises . . . . . L� A-lr Ao-* ,v► 16JD RLy I. . . . . . . . . . . . . . . . . . . . . . . . . ... . . . .. . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. (Name and title of corporate officer) ALL CONTRACTOR 'S MUST BE SUFFOLK COUNTY LICENSED Builder's License No. . . . . . . . . . . . . . . . . . . . . . . . . . Plunibcr's License No. . pk'0D1!J,9 Electrician's License No. Other Tradc's License No. 1. Location of land on which proposed work will be done. ^?4r.th, Sir3e y741— QQVrity. .LROILte .48. . . . . . . . . . . . . . . . . Greelii?4rt,,, N*`l•. . . . . . . . . . . . . . . . . . . . . . . . House Number Street " " " " ' • • •• Hanilet County Tar Map No. 1000 Section . . . . . . . . . . . . . . . . . . Block . . . . . . .4?. , . . , , , , . Lot . 01 — 02 „ • . . . . . Subdivision . . . . . . . . . . . . . . . Filed Map No.' Lot . IN 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction- a. Existing use and occupancy . . . . . . . .vacant. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . .. . . . .. ... . b. Intended use and occupancy . . . . . . . .re�aost• mote1. . . . . . .(P8,U +±too . . . . . . . . . . .. . . . . .... . .. .. . .... . . 3. Nature of work (check which applicable): New Building . . . . . , ,;, . , Addition . . . . . . . . . Alteration Repair.. . . ... . . . . . . . Removal . . • • • . . . . . .. . . Demolition . . . . . . . . . . . . . . Other Work .. . . .. ,, 3 ,i00,000 (Description) 4. EstimatcdCost . , , , , , ,, , , , , , , , , • . • . , . • , , , , Fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (to be paid on ding this application) S. If dwelling,number of dwelling units . . .f.'9. . . . . . . . . . Number of dwelling units on each floor. . . . . .. . . . If garage,number of can . . , •• . . 6. if business, commercial or mixed occupancy, specify nature and extent of each type of use . . . . . . . . . . . . . . . . .. . . 7. Dimensions of existing structures, if any: Front . . . . . . . . . . . . . . . Rear . . . . . . . . . . . . . .Height Depth . . . . . . . . . . .. . . Number of Stories . Dimensions of same structure with alterations or additions: Front Depth . . :. Rear . . . . . . . ... . .. .. .. Height . . . . . . . . . . . . . . . . . . . . . . Number of Stories .S. Dimensions of entire new construction: Front . . . . 11(1 . ... . . . . Rear . . .?-7-D. • •^• • • ' Hei=ht . . . . . . . . . . . Number of Stories . Depth . .: . . . . . .. . . . 9. Size of lot: Front . . . . . . . . . . . . . . . Rear . . . . . . . . . . . . . . . . . . . . . . .Depth . . . . . . . . . . . . . .... . . . . . . . . . . . . . . . . . . . . . 0. Date oC Purchase. . . . . . . . . .12/.3'1 . . . . . . . . . . . . . . . Depth . . . . . . . . . . . . . . . . . .. . . . . . Name of Former Owner .P .13aF4 ,'- ja;, 1. Zone or use district in which premises are situated . . . . .RR2. Does proposed construction violate any zoning law, ordinance or regulation: . . . . . .3. Will lot be regraded e ' • • ' • " . . . . . . . . . . . . • . . $ • • • • • • • • • . . . . Will excess fill be removed from premises: Yes Nr 4, Name of Owner of.premises .y:ennetb. T �a�a7-. . Address . . .QuocZuer. ?I: . . . . Phone No. 65355OF Name of Architect .Douglas. Ii�rX1JP• Address cast Hampton �6'/-51��i" " Name of Contractor .T da1d7. P@y,, Carp: 0uagu� Ny Phone No. .`.h53=•55.F" ' 5. Is this property located within 300 feet of Address tidal wetland? *Yes „PltoneNNoo. . . . . . ... . . .. . . . *If yes, Southold Town Trustees Permit may be rey uired. PLOT DIAG1tAM Locate clearly and distinctly all buildings, whether existing or proposed, and.indicate all set-back dimensions frorr, roperty lines. Give street and block number or description according to deed, and show street names and indicate whether :tcrior or corner lot. see attached "ATE OF NEW YORE, N' OF . . . . S.S (lame .of.indi'vidual signing• • •c•o• •ntract)• • • • • • • . . . . . . . being duly sworn, deposes and says that he is the applicant eve named. - isthe . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Contract° a_- orporate offrcer, etc.) said owner or owners, and is duly.authorizcd to perfcntorm or have performed the said work and to make and file this -)ligation: that all statements contained in this application are true to the best of his knowledge and belief;and that the rk will be performed in the manner set forth in the application filed therewith. orn to before me this qq�� . . . . . . . . . day oof. . . . . . . . . . .. 19 tary Public, County ' HELEN K.DE VOE �-_.}��j�• ROTARY PUBLIC.s:.!e of New Yat -., . • • ( ignature of 5¢plieant) No.47078 M 51 IA Coantyq� Term Expires March 30,19_J1 TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE .............................. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) ...CLIFFSIDE,ASSOCIATES......................of .........In..J.25.S.uR..ptygal£................................. Name of Appellant Street and Number ..................Quogue.............................................................. N.Y.:.......................HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. .................................... DATED ....:).aNKY. 23: 1991 ................. WHEREBY THE BUILDING INSPECTOR DENIED TO CLIFFSIDE ASSOCIATES ........_..........................................._......................._ Name of Applicant for permit of 130 Jessup Avenue, Quogue, New York 11959 ................................................................................................................................. Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY . North Highway Greenpott RR Street /Ha mi. et / Use District on Zoning Map District 1000 Section 45 Block 1 Lot 1 _.............�. � ....._.._... .............Current Owner CLIFFSIDE ASSOCIATES Map 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 Section SEE RIDER ATTACHED 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( ) 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 SEE RIDER ATTACHED 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 and was mode in Appeal No. 3542 Dated REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinance is requested for the reason that SEE RIDER ATTACHED Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because SEE RIDER ATTACHED 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 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because STATE OF NEW YORKss COUNTY OF SUFFOLK ) SignatureTH J. TEDALDI Sworn to this ...........23rd ...................... day of.......................January.................... 19 91 Notary Pu 11c RICHARD T. HAEFEu Nulary Public. State(it New York Nu. b2 1616207, Sutlnik Cn ' Imm Eaprtas IVtarch J0, i RIDER TO APPLICATION This is an application for an interpretation of the Zoning Code or, in the alternative, for a variance to permit kitchens in the 68 unit resort motel, the special exception for which was previ- ously approved by this Board and the site plan for which was previously approved by the Planning Board. The Building Inspector has refused to permit the applicant to file amended building plans showing kitchenettes for each of the proposed resort motel units. There is no prohibition contained in the Zoning Code prohibiting kitchenettes in a resort motel. In the event that the interpretation is denied, then the applicant requests a variance to permit construction of kitchenettes in a resort motel previously approved as a special exception by this Board. e JUL 16 N ' by2a� trues . /V - 2 ' '' s Paz• so i k � &N� s i PP b" r' 1 'f i��' 2EFE2ENCES I ' i s�'" -I�c�ytro�Ys�nepa��u�s rsc�a�wn i�Y ",j i 39 �- ``` ' ^ -7�in?Tec�4sC�> 3ia 61°35'FCG) 6WtlI 000IL RDLlD3fSsTgoarC-4r �pto 1YMO ;Mr- R2p� PP� `dZir N=1-4�5�{fcO IooR 'K, i ' A. V ° PR�115�'4b,4�5GFr DP` �n>x�tl a �rr� 1 M 979q• ,� AVER_ S e C _ Mcx�I�s Le14-Lri 14�U�D� vSeO- �.125 f LIC r)MASTEfZ s ' Gaara� z5 sITE PLAN - xn sJuucr>ji vY a sl�ous LoCanaa3 a3mu.E- ,,•,""°•, C L 1 F S 1 0 E am5i=u5 nil^ A�i1tilf ��jL _ StTE GidJ"�I-'7DCs(DAC4W"61Yr�7. . 3G •, ccu. GSII- YIt 59 yG Sau _ i ' ��GT APPEALS BOARD MEMBERS SCOTT L.RABBIS Supervisor Gerard P.Goehringer,Chairman Charles Grigonis,Jr. l $ j r„ Town Hall,53095 Main Road Serge Doyen,Jr. P.O.Box 1179 James Dinizio, Jr. Southold,New York 11971 Robert A. Villa BOARD OF APPEALS Fax(516)765-1823 Telephone(516)765-1809 TOWN OF SOUTHOLD Telephone(516)765-1800 March 11, 1991 Richard T. Haefeli, Esq. 184 Main Street Box 1112 Riverhead, NY 11901 Re: Application for Interpretation Property ID: 1000-45-1-2. 1 (Tidemark) Dear Mr. Haefeli: This letter will confirm that the Board of Appeals has reviewed your recent application and has deemed this applica- tion, as delivered, incomplete for the following reasons: 1) Article XXVII , Section 100-271 of the Zoning Code dictates authority to the Board of Appeals for . . .A. Appeals: to hear and decide appeals from and review any order, requirement, decision or determination made by the Building Inspector; .B. Variances: Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of these regulations, the Board of Appeals shall have the power to vary or modify the application. . . .D. Interpretations: on appeal from an order, decision, or determination of an administrative officer or on request of any town officer, board or agency, to decide any of the following: 1) determine the meaning of any provision of the (zoning code) this chapter or of any condition or required specified or made under the provisions; 2) determine the exact location of any district boundary shown on the Zoning Map. Without an order, decision or determination of an administrative officer based upon a different, new application to him for consideration and the appropriate Article and Section of the APPEALS BOARD MEMBERS y�oJ'r�+7( y4L`' SCOTT L.RABBIS L yam' Supervisor Gerard P.Goehringer, Chairman ' Serge Doyen,Jr. j,� Town Hall, 53095 Main Road James Dinizio,Jr. "', �� P.O. Box 1179 Robert A.Villa �1 - c �� Southold, New York 11971 Richard C.Wilton Fax (516)765-1823 Telephone (516)765-1809 BOARD OF APPEALS Telephone (516) 765-1800 TOWN OF SOUTHOLD August 19, 1993 Richard T. Haefeli, P.C. 48G Main Street Box 1112 Westhampton Beach, NY 11978-1112 Re: Appl. No. 4039 - Cliffside Associates Dear Mr. Haefeli: With reference to the above application, please find enclosed a copy of the Board' s determination rendered at our Regular Meeting held August 18, 1993 . In the event your client decides to proceed with a use variance, please submit the appropriate filing fee of $250.00 ($400.00 less $150. 00 credit which will be applied from the initial filing fee) , current (updated) Notice of Disapproval from the Building Inspector, and updated notices to adjacent property owners, affidavit of mailing and postmarked certified-mail receipts, and seven original prints of the site plan map, and floor plans labeling the size and proposed use of each room, in every unit. Very truly yours, Linda Kowalski Enclosures Copies of Decision to: Building Department Planning Board t - Page 2 - March 11, 1 To: Richard T. Hae eli, Esq. Re: Tidemark (Cliffside) Interpretation Zoning Code under which this ZBA application is being made, the Board of Appeals is without authority. 2) The application rider, paragraph two, states that the "Building Inspector has refused to permit the applicant to file amended building plans showing kitchenettes. . . . " If the building inspector has refused to permit you to file amended building plans, then it is apparent that there has been no determination by the building inspector in which you could base your appeal. 3) It is also the Board' s understanding that a building permit has been issued and construction on this project is continuing. Please note that the kitchenettes were not requested under the previous Special Exception of the Board of Appeals, and the building permit has been issued based upon this fact. We, therefore, must return the application, which is incomplete at this time. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN Ik Enclosures cc: Building Department Town Attorney' s Office x _ lye PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 Margaret Rutkowski Melissa Md3owan Secretaries April 24, 2002 Southold Town Zoning Board of Appeals Gerard P. Goehringer, Chairman Southold Town Hall 53095 Main Road Southold, NY 11971 BY FAX Re : Elbow East Restaurant Dear Chairman and Board members : I have been retained by the following homeowners with regard to the above referenced application: OWNER: SOUTHOLD PROPERTY: Paul & Mary Stetz 270 North Sea Drive Christopher & Patricia Poppe 282 North Sea Drive Aileen Paskoff North Sea Drive Alan Litner North Sea Drive Monroe Sonnenborn 305 North Sea Drive Stanley Waldshan North Sea Drive Mr. and Mrs . Rosicki 395 North Sea Drive Please forward a copy of the notice of hearing when this matter is placed on the calender. Thank you for your anticipated cooperation. Very truly yours, Patricia C. Moore CC : J f TRANSMTITAL M • TO: ZBA Chairman and Members FROM: ZBA Office Staff DATE: 'Q SUBJECT: File Update ' With reference to the above application, please find attached the following new information added to the official ZBA office file: fir. /jz D/s Comments: _� -- --- --(77 a _ ,aG�la\- J -- ----- --------- —L�L3- cr — — — r --- ---- / Number of Pages Attached: __�_�_______________ TrMemo.doc Date: April 1, 2002 Zoning Board of Appeals Main Road Southold, New York 11971 Re: Site Plans I Building Plans Here are six copies of the revised site plans (Dated: March 22, 2002). Six copies of the building plans, which shows the elevation and building dimension as requested. Thank Y n T. Rutkowski Elbow East 7010 1 O in APP BOARD MEMBERS "✓� SCOTT L.HARRIS Supervisor Gerard P. Goehringer, Chairman Serge Doyen,Jr. Town Hall, 53095 Main Road James Dinizio,Jr. P.O.Box 1179 Robert A.Villa �� `�� Southold, New York 11971 Richard C.Wilton Fax (516) 765-1823 Telephone (516)765-1809 BOARD OF APPEALS Telephone (516) 765-1800 TOWN OF SOUTHOLD MEMORANDUM TO: Chairman and Members of the Planning Board FROM: Board of Appeals DATE: July 14, 1993 SUBJECT: Site Plan - Tidemark (Cliffside) 1000-045-01-001 & 003 at Greenport Today we received a written response from Valerie Scopaz which is somewhat helpful except that we specifically are requesting Clarification of the Planning Board' s SEQRA determination and site plan as it relates to kitchenettes. (This memo is being sent to you since Valerie has asked that instead of her referring our inquiry to you, that we should address a separate memo. ) We merely would like to know whether or not the Planning Board approved kitchenettes in the motel units in approving the site plan and under SEQRA. Please read the statements (underlined for easy reference) made by Mr. Haefeli on Pages 18 and 21 of the attached ZBA hearing transcript which refer to actions which may have been taken by the Planning Board in the SEQRA process or the site plan process. We are not asking for a comparison of the files. If possible, please respond by Wednesday, July 21, 1993 (since a month has passed since our memorandum to Valerie, and we understand that she has already discussed the hearing transcript with PB members on Monday, July 12th) . If we do not hear from you in writing by the hearing date, we will note that the record shows the Planning Board did not consider kitchenettes under SEQRA or under site plan approval, which is also true for the Special Exception granted by the ZBA. Thank you. J ZBA Hearings 18 (May 20, 1993 and sewer. We have 406 feet of frontage on Long Island Sound. We have 406 feet of beach frontage on Long Island Sound. In 19 , I believe it was 1986, we entered into a contract with the Village of Greenport for public water and public sewer. We paid $104,000 to the Village for both of those, for the installation of both the public water and public sewer. Those contracts are still in effect. I am making reference to this because I want to emphasize there were several memorandums in this file from the Planning Board --that what is being proposed here, has always been proposed and it will continue to be proposed, is a resort motel and not. a tra ";P„r mnr _ We purchased seven and a half acres of property on Long Island Sound. We have the public water and the public sewer which will permit us to have the density we have for this type of a project. We have -- The project as .originally proposed showed two-bedroom units, as approved showed two-bedroom units of 600 square feet. Anybody who goes to a transient motel like a Hampton Inn, the size of those units is 250 to 350 square feet. We have, as I said 406 feet of beach front. We are proposing two tennis courts; and basically nobody is going to go out and pay a million, over a million dollars for a 7 1/2 acre piece of property to put in a transient motel on the east end of Long Island near Greenport, where the only use permitted is daily travelers coming in and out. If my client wanted to have strictly a transient motel, my ZBA Hearings 21 May 20, 1993 what I have said tonight. I have just tried to summarize it in my oral presentation here. THE CHAIRMAN: I would hate to have you leave here, and I know that this is a-- but unbeknownst to you I have used this as a case in a class that I teach, okay, and it was my understanding, regardless of the presentation, and you bring up a very interesting avenue that you are presenting here tonight in reference to the, the, you know, under the interpretation; but the whole issue of no kitchenettes in this facility toffy knowledge was a SEQRA determination, and it was worked out in between the period of time that the application became a Positive neclaration and then there was a mitigation; and that is how we got from 76 to 69 units; but I could be wrong on this, Dick-- MR. HAEFELI ( Interposing) : You are wrong on that, Mr. Chairman. Let me explain to you because I happen to have that right here. I intended, okay -- . December 18, 1989, the Planning Board adopted their resolution approving the site plan for this particular applicant. I was present at that meer;nr,_ There was a discussion at that meeting with reference to prohibiting or not allowing kitchenettes in any of the units . THE CHAIRMAN: That is correct. MR. HAEFELI : I got up; I objected to any reference to kitchenettes in that determination on the basis that t13e Planning Board in rendering an approval or disapproval on the + ZBA' Hearings 22 (May 20, 1993 site plan could not put a provision of that nature in. The Planning Board agreed with me; they rendered a determination that did not contain any reference to kitchens or kitchenettes . The following day or two days later, the original decision from the Planning Board came out, Paragraph 3, 2 rather: None of the individual hotel units, and they are referring to is as a hotel-- it has always been a motel-- no unit shall have, quote, cooking facilities . I wrote a very vehement letter to the Planning Board. I am a municipal attorney and represent the Village of Westhampton Beach. I was very upset that a decision like this would come out after there had been an extensive discussion before the Board that evening. As a result, a revised determination was given by the Planning Board on December 27th, 1989_the letter sent to you on December 20th had an incorrect \7 version of. the resolnr;nn. Please substitute this letter for that one. Paragraph 2 makes reference to stairs; the reference . to cooking facilities was deleted. The Planning Board, neither in its SEQRA determination nor in its granting of a special site plan approval for this particular application made any reference to either a22roving or d' cilities or kitchenettes or cooking facilities . They could not; they do not have the power to render such a determination. Either the facilities would be permitted or, as we are here today, we are here before this Board for an. interpretation. It is the power PLANNING BOARD MEMBERS w i SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman arm ��:� A� '`' Supervisor George Ritchie Latham, Jr. -��d,.(� r � Richard G. Ward an Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards IM11101d. New York 11971 PLANNING BOARD 0 1J Telephone (516) 765-1938 TOWN OF SOUTHOpx (516) 765-1823 i MEMORANDUM7U7— i i TO: Gerard P. Goehringer, Chairman and Members of the Zoning Board of Appeals FROM: Valerie Scopaz, Senior Planner RE: Appeal No. 4039 by Cliffside Associates Cliffside/Tidemark Motel County Route 48, Southold SCTM # 1000-45-1-1 DATE: July 13 , 1993 This is in response to your attached memorandum of June 16th. The memorandum did not state the precise nature of the Zoning Board' s concerns or questions about the portions of Mr. Haefeli' s testimony that were attached: therefore my comments are based on the entire transcript of Mr. Haefeli 's verbal testimony as well as his written submission. fI wish to preface my observations by noting that since I am not a member of the Planning Board, I will make no comment about its ctions as a Board. Those questions in your memo should be addressed directly to them. To begin, a great deal of the testimony revolves around the history of this project which dates back to 1984. If the accuracy of the chronology (and content) of events as recounted by Mr. Haefeli is of concern to the Zoning Board, then you should check his statements against the appropriate files of the Planning Board and the Town Clerk, all of which are public records. However, the central issue is not what happened in the past under the old code but rather under the code during which this project received site plan approval. The Planning Board' s memos of November 1991 and November 1992 cover all the pertinent points. Copies of same are attached for your convenience. w Further, the Special Exception decision of November 1989 (Appeal No. 3542 ) clearly states that the ZBA granted approval for a transient motel with a manager' s unit and 68 motel units. Item No. 5 of that decision states "That it is the understanding of this Board that only the Manager's Unit will contain kitchen facilities. " A copy of the floor plan that was approved by the Planning Board subsequent to the environmental review and the Zoning Board of Appeals' Special Exception shows no kitchens. A portion of that floor plan is attached. The Building Department's copy is available for review. The arguments set forth in the written testimony were dealt with at the time the findings statement was adopted and the site plan was approved. I suggest that you contact the Town Attorney about the relevance of the cited cases to this one. While anyone can challenge the logic of a Zoning Code, as Mr. Haefeli is doing now, it is important to remember that the Town has been consistent in its review of this application throughout the entire process of review: the coordinated environmental review of which your Board was part, the Special Exception hearing, and the site plan review. To reverse position at this point would be not only inconsistent, but in violation of the findings statement that was issued pursuant to the State and local Environmental Quality Review Acts. In planning law, the courts have given significant weight to the consistency of a board' s actions with regard to its land use and zoning policies. In closing, keep in mind that the property owner is free to submit another application for a 68 unit resort motel with complete kitchen facilities, which can be reviewed by the Zoning and Planning boards in accordance with the Environmental Quality Review Act. This is not an idle suggestion. For instance, the site plan for the Burger King restaurant is presently going through an environmental review because it is an amended version of the McDonald' s Corporation application for a fast-food restaurant in Mattituck. Another example is the Marina Bay Club proposal in New Suffolk. When the Town changed the Zoning Code in 1989, this project was in the middle of the environmental review. It was determined that the Code changes necessitated revisions to the site plan, which had to be addressed in the environmental impact statement. When the revised impact statement is submitted, the environmental review will proceed. Both of the above examples involved site plans. An example involving a subdivision is the Richmond Creek Farms project in Peconic. A scoping session and draft environmental impact report for this major subdivision were determined to be useless when the developer chose to make major revisions to the subdivision. A second scoping session was held to address the revised application. A new draft impact statement is being written. I hope this information addresses your concerns. Encls. � , .SlBFcr✓ APPEALS BOARD MEMBERS SCOTT L.HARRIS Vs f J + Supervisor Gerard P.Goehringer, Chairman Serge Doyen,Jr. Town Hall, 53095 Main Road f James Dinizio,Jr. P.O. Box 1179 E Robert A.Villa t Southold, New York 11971 I Richard C.Wilton _ Fax (516) 765-1823 Telephone (516) 765-1809 Telephone (516) 765-1800 F BOARD OF APPEALS TOWN OF SOUTHOLD MEMORANDUM f s 's TO: Valerie Scopaz, Senior Planner FROM: Board of Appeal $ DATE: June 16, 1993 C� SUBJECT: Site Plan - Tidemark (Cliffside) 1000-045-01-001 & 003 at Greenport Please find attached a copy of our May 20, 1993 hearing transcript in which Richard Haefeli, attorney for Cliffside Associates makes reference to discussions (either with the Planning Staff, at informal work sessions or meetings of the Planning Board) concerning the above project during 1987 through 1990 concerning the above-noted site plan files. We would like to at least provide you with an opportunity to furnish whatever input you feel is appropriate for the record concerning Mr. Haefeli's statements involving the actions of the Planning Board and Staff. Written communications will be accepted for the next two to three weeks. Thank you. GG: lk Attachments (Transcript and Legal Memorandum ) uL --------- ( c . c Hearings 14 . May 20 , 1993 APPLICATION NO. 4039 - CLIFFSIDE ASSOCIATES INC. (Owner) . Appeal of the April 25, 1991 Notice of Disapproval from the Building Inspector, citing " . . .Article III, Section 100-13 - Definition Section of the Zoning Code pertaining to "hotel or motel transient, which says in part that there will be no cooking facilities . " The subject premises previously had received a Special Exception Under Appl . No. 3542 for motel units without maps or plans before the Board for individual kitchenettes or dwelling uses . (The Special Exception use did not include approval for kitchenettes or dwelling uses) . Location of Property: 61475 C.R. 48, Greenport, NY; County Tax Map Parcel No. 1000-045-01-001 and 002 (now 2 . 1) , containing approximately 7 .5 acres . 7: 45 p.m. (The Chairman opened the hearing and read the Legal Notice and application for the record. ) THE CHAIRMAN: What I have before me is basically the entire file of the original hearing. I have before me a copy of . the Building Permit dated November 21, 1989 , in behalf of Kenneth Tedaldi, who is the owner of the premises; and the remaining data that is required there. Mr. Haefeli, how are you tonight? So nice to see you again: Appearance: Richard Haefeli, Esq. , for the Applicant MR. HAEFELI : And it is so nice to be out here again on a Thursday night. The first thing I am going to do is ZBA Hearings ° o 15 C May 20, 1993 , apologize to the Board because I had prepared a memorandum for each member of the Board. I left the office at six-thirty and I forgot to bring one other than the one copy that I have. THE CHAIRMAN: That 's fine. MR.; yr# What I will do is I will give this to the Board after I complete my presentation tonight, and I will make sure the balance of the copies get out here tomorrow or the next day. The purpose of the memorandum was to put into detail what the position of the applicant is in this particular case, and which I will highlight to the Board at this particular time. The first thing I want to do is, I think we have a Problem as far is the notice is concerned, Mr. Chairman, because the notice that was advertised was for a hotel "transient. " The notice of denial I have in my file is dated April 25, 1991, and was disapproval of a hotel or motel "resort. " I think that is probably one of the issues involved in this entire case, and I want to make sure it is clear and on the record that what the applicant is u Proposing is not a transient motel because it is absolutely clear in the de #za{tj,,Q .of a transient mot :..1 cooking facilities are not permitted. ts .r,,, " What we have here is resort motel which does not contain such an exclusion, and that is what the a ,. aP pplication is before this Board, to render an interpretation as to whether .or not , cooking facilities are Permitted in a resort hotel. "' r ko Hearings 16 (May 20, 1993 I would like to just briefly give a little background on this case. My clients acquired this piece of property by purchasing two separate pieces of property in 1984 for $1, 135,000 . Right after they acquired the property, they made an application to the Town to build residential condominiums on {o there on the basis of one unit per 6,000 square feet of area, which is what the density requirement was at that particular time. Several months after that application was made, the Town Board amended the density requirement for residential condominiums and changed it from one unit per 6, 000 to one unit per 10,000 square feet. After that, the applicant then made an application both to this Board and to the Planning Board in 1986 for approval for seventy-six unit motel complex as that term was defined under the Code in effect in 1586 . The Planning Board decided that it was an action that required an Environmental Impact Statement; and between 1986 and March of 1989, the Impact Statement process was in place; and in March of 1989 the Planning Board adopted a resolution adopting the Environmental Impact Statement. Shortly thereafter, and by the way during this entire period of time the plans that were shown, submitted and worked upon --both this Board had (word inaudible) so I am not talking about this Board-- by the . Planning Board showed units that would have a size of about 850 square feet. After the March 1989 determination under the Impact Statement, the Planning Board made a recommendation to N i. ZBA Hearings U �o, 17 May 20, 199i c U \600 t e Town Board based u on this application by this cant Board reduce the size of motel unit from 800 what we had down to s ua!re�feet. That adoption change was made to the Zoning~ode, I believe it was in July of 1986, '89, I am sorry. And November Of 1989 this Board rendered its determination granting a special exception. The copy of that is in the file. In addition to that, in December of 1989 the Planning Board granted site plan approval with respect to this application. Now in February of 1989 the Zoning Code was changed, and new definitions for motel were included in the Code. The old definition of motel, I want to emphasize, did not make any reference to cooking facilities . The old definition for a hotel made reference to the fact that 'if you had a hotel, you couldn' t have, the individual units could not have cooking facilities . In February of 1989 the two new definitions were put in place. One was for a resort hotel; the other was for a transient hotel. The definition for a resort hotel provided for guests on either a transient basis, day-in and day-out, or for vacationers . In adopting the --in addition to that, there is, the Town rezoned this property from, I believe it was M-1, which permitted Motels, to RR. Motels are still permitted in this particular zone. In adopting that change to the Code, the Town Board in Section 160 said the purpose of a resort residential district is to provide opportunity for resort development in waterfront areas because of the .availability of basically, I think they mean public water ZBA Hearings ` 18 `.•iay 20, 1993 and sewer. We have 406 feet of frontage on Long Island Sound. We have 406 feet of beach frontage on Long Island Sound. In 19, I believe it was 1986, we entered into a contract with the Village of Greenport for public water and public sewer. We paid $104,000 to the Village for both of those, for the installation of both the public water and public sewer. Those contracts are still in effect. I am making reference to this because I want to emphasize there were several memorandums in this file from the Planning Board --that what is being proposed here, has always been proposed and it will continue to be proposed, is a resort motel and not a transient motel . We purchased seven and a half acres of property on Long Island Sound. We have the public water and the public sewer which will permit us to have the density we have for this type of a project. We have -- The project as .originally proposed showed two-bedroom units, as approved showed two-bedroom units of 600 square feet. Anybody who goes to a transient motel like a Hampton Inn, the size of those units is 250 to 350 square feet. We have, as I said 406 feet of beach front. We are proposing two tennis courts; and basically nobody is going to go out and pay a million, over a million dollars for a 7 1/2 acre piece of property to put in a transient motel on the east end of Long Island near Greenport, where the only use permitted is daily travelers coming in and out. If my client wanted to have strictly a transient motel, my ZBA Hearings 19 May 20, 1993 client could have purchased another piece of property in the area similarly zoned not on Long Island Sound for substantially less money back in those days in the area of $30,000 or $40,000 an acre or a total price of $250, 000 . In addition to that, in this immediate area are two other resort motels. Sunset Motel is abutting the property on the east. Our easterly property line and the Sunset Motel abut. Within two-tenths of a mile to the west of this project is the Soundview Inn, which is also a resort motel . The memos by the Planning Board concern themselves with making a comparison between the density for a motel in this district and the density for residential uses in other C districts . It is irrelevant to the application before this Board. The only consideration before this Board at this point in time is whether or not the definition of resort hotel, motel, I am sorry; permits cooking facilities. It is the position of the applicant that you must strictly construe the ordinance. If there is any ambiguity in the ordinance as to what its meaning is, you must construe that in favor of the applicant. As I previously mentioned to you, the definition of motel made prior to 1989 did not contain any reference to cooking facilities . Yet numerous motels in this community have been built under that Code containing some sort of cooking facilities . C- ZBA Hearings 20 May 20, 1993 Had the Town Board, when they adopted the change in the Code in 1989, wanted to exclude cooking facilities from a resort motel, they could have inserted those words into the Code, such as they did for transient motel . In addition to that, the opposition by the Planning Board over the last several years --they could have-- this particular application, I emphasize-- has been pending since 1991. The Planning Boards from 1991 to the present time could have made a recommendation to the Town Board to change the definition of a resort hotel to specifically exclude cooking facilities . Either, if recommendation was made, all I know, is as of today the Town Board has not not made or adopted any change in the definition of a resort hotel to exclude cooking facilities . I think that goes a long way in considering, in determining the fact that the Town Board never intended to exclude cooking facilities from a resort motel . As I mentioned to you, the two other motels have cooking facilities in them. Basically what my client is saying: We want to be on the same level playing field to attract the resort person to this community as they are and have the same facilities that the other resort motels in this area have. And that is really the basis of my application. As I said, I will hand up this copy, and I will get the rest delivered to you tomorrow, which goes into much more detail of ZBA Hearings 21 May 20, 1993 what I have said tonight. I have just tried to summarize it in my oral presentation here. THE CHAIRMAN: I would hate to have you ,leave here, and I know that this is a-- but unbeknownst to you I have used this as a case in a class that I teach, okay, and it was my understanding, regardless of the presentation, and you bring up a very interesting avenue that you are presenting here tonight in reference to the, the, you know, under the interpretation; but the whole issue of no kitchenettes in this facility to -y knowledge was a SEQRA determination, and it was worked out in between the period of time that the application became a 1/ positive neclaration and then there was a mitigation; and that \ is how we got from 76 to 69 units; but I could be wrong on this, Dick-- MR. HAEFELI ( Interposing) : You are wrong on that, Mr. Chairman. Let me explain to you because I happen to have that right here. I intended, okay -- , December 18, 1989, the Planning Board adopted their resolution approving the site plan for this particular applicant. I was present at that meer;nn There was a discussion at that meeting with reference to prohibiting or not allowing kitchenettes in any of the units . THE CHAIRMAN: That is correct. MR. HAEFELI : I got up; I objected to any reference to kitchenettes in that determination on the basis that the Planning Board in rendering an approval or disapproval on the ZBA'Hearings 22 `May 20, 1993 site plan could not put a provision of that nature in. The Planning Board agreed with me; they rendered a determination that did not contain any reference to kitchens or kitchenettes . The following day or two days later, the original decision from the Planning Board came out, Paragraph 3, 2 rather: None of the individual hotel units, and they are referring to is as a hotel-- it has always been a motel-- no unit shall have, quote, cooking facilities. I wrote a very vehement letter to the Planning Board. I am a municipal attorney and represent the Village of Westhampton Beach. I was very upset that a decision like this would come out after there had been an extensive discussion before the Board that evening. As a result, a revised determination was given by the Planning Board on December 27th, 1989; the letter sent to you on December 20th had an incorrect version of. the resolution. Please substitute this letter for that one. Paragraph 2 makes reference to stairs; the reference . to cooking facilities was deleted. The Planning Board, neither in its SEQRA determination nor in its granting of a special site plan approval for this particular application made any reference to either approving or disapproving kitchen facilities or kitchenettes or cooking facilities . They could not; they do not have the power to render such a determination. Either the facilities would be permitted or, as we are here today, we are here before this Board for an. interpretation. It is the power ZBA Hearings 23 May 20, 1993 Of this Board to render Interpretations . It is not the power of the Planning Board. The Planning Board has no authority to render an interpretation. The Planning Board can only impose the conditions set forth in the Code. If you would like copies of these two --I think you have them, but I would be more than happy to give them to you. BOARD ASSSISTANT-CLERK: There is a letter in the folder from the Health Department that says that they did not approve kitchenettes under the site plan. THE CHAIRMAN: Well, that is my concern because that's what precipitated -- 1/ MR. HAEFELI (interposing) : There is a letter from the Health Department in 1991, okay. I have the answer to that, I hope, if you will bear with me for a second. Now, it is my understanding, there is a letter in the Health Department that said a recent article in the local newspaper indicates Tidemark (phonetic, no spelling supplied record) is proposing kitchenettes for the project. Please submit for review a revised plan indicating locations, construct in detail, for this aspect of the project. That was signed by a Robert H. Gerdts, Sr. , PH Sanitarian, Housing and General Sanitation. I saw that the other day when I reviewed the file. I spoke with the architect that that letter was directed to Mr. Herlin (phonetic) . Mr. Herlin advised me that Mr. Gerdts is employed by the Health Department and he does inspections for the Health • ZBA 'Hearings 24 (May 20, 1993 Department with respect to Fire Code violations and construction aspects, but not as to other aspects . BOARD ASSISTANT-CLERK: Do you have an approval from the Health Department on kitchenettes? MR. HAEFELI (interposing) : For what? I don't need kitchenettes . I have an approval from the Suffolk County Department of Health Services for the water and sewage coming into the project, yes, I do. BOARD ASSISTANT-CLERK: Do you have any approvals for anything-- MR. HAEFELI (interposing) : From the Health Department? BOARD ASSISTANT-CLERK: Yeah, on the cooking or any other agency? MR. HAEFELI : You don't need it. BOARD ASSISTANT-CLERK: You don't need it? THE CHAIRMAN: Because of the sewer. MR. HAEFELI : We have public water-- MEMBER DINIZIO: Was the Village aware when you were going to contract with them that you were going to have kitchenettes in these units? MEMBER DINIZIO Was the Town aware or the Village of Greenport aware when you were going to contract with them that you were going to have kitchenettes? ZBA Hearings 25 May 20, 1993 MR. HAEFELI : I have no idea. That didn't come up. I don't think that's an issue in this case. THE CHAIRMAN: Let's just-- THE CHAIRMAN: Let' s just put this back in perspective here, okay. Before we go any farther here, you know, because-- MEMBER DINIZIO: We are not considering Sunset. We are not considering any other motel but Cliffside, Tidemark-- MR. HAEFELI (interposing) : But you are asking me what is in the mind of a municipal official in 1986 when we signed the contract-- MEMBER DINIZIO: No, I asked you whether they were aware-- MR. HAEFELI (interposing) : I have no idea whether they were aware. MEMBER DINIZIO (continuing) : You said no, that is an answer. THE CHAIRMAN: Let's go back back one second, gentlemen, okay? Somewhere between --I thank you for these memos by the way. I know they are in the file--. This is three files right here plus we have three more files back in the office, ok. We have voluminous files. Somewhere in between this letter, these letters, okay, of which there was a change between December 20th and December 27th, okay, which -- BOARD ASSISTANT-CLERK: What year is that? • ZEA Hearings 26 `May 20, 1993 THE CHAIRMAN: 1989 . When the issue of cooking facilities came about and you asked them to strike that from their original decision-- MR. HAEFELI (interposing) : It never got into the decision. It was a discussion prior to the decision. That ' s all I am trying to say to you. THE CHAIRMAN (continuing) : This says action taken-- MR. HAEFELI (interposing) : That' s correct. I was at the meeting. They discussed the resolution. They had not adopted the resolution. They said what their proposal was. I got up and objected. Once a resolution is made, it is very difficult to object. I did it before. THE CHAIRMAN (continuing) : Okay. Now, sometime subsequent to that, or prior to that, okay, in either the SEQRA determination or a discussion not with you, okay, but with either Mr. . Raynor or Mr. Wetmore at the time, okay, there was the elimination of kitchen facilities, regardless of what zone it was in or whatever the case might be, because Henry Raynor faxed to me, all right, and we then had to make a decision if we were permitted to put in these particular units, okay, a sink, externally from the kitchen, a coffeepot and a refrigerator as one unit, okay; and he faxed that to me. All right, and I would assume in the best of my recollection that was the summer of 1990, which was subsequent of course to December 20, Decem- ZBA Hearings 27 May 20, 1993 ber 27, 1989 . All right. It was then, in that summer, when they had anticipated the construction of these, well after the SEQRA determination was mitigated, and well after everything was done, and our decision blah-blah-blah. I know we were in a new zoning code at that time, that Mr. Wetmore called and said that the reason, the main reason, okay, for this was that they were having trouble securing bank financing •bn this project because it did not include kitchens . All right. That is what he had told me. BOARD ASSISTANT-CLERK: Yes, he had told me the same thing, in other conversations. THE CHAIRMAN: Now I have had subsequent discussions to 1990 with Mr. Wetmore. I have not had any necessary that I can recollect with Mr. Raynor and I realize that Mr. Wetmore is not necessarily an agent in this particular situation-- MR. HAEFELI : Not to my knowledge, not since these decisions . THE CHAIRMAN: What we are going to have to do here, Dick, in all fairness to you: We are going to have to recess this . We are going to have to sit down with the Planning Board and find out exactly when this kitchen situation was removed -- because I am almost positive that it was removed during the SEQRA negotiations; and, you know, there had to be a mitigation from 76 to 69 units-- C ZBA• Hearings 28 (lay 20, 1993 MR. HAEFELI : I am saying --What was the mitigation? The size of the project was too big. The buildings were too big. It obstructed the view. I didn't bring all that with me tonight. But if you want me to, in ten minutes I can find you mitigation. I 'm not sure you have that. Those were the basic reasons for it. And, remember, at that point in time, when the SEQRA determination came down, the size of the units were 850 square feet, all right. They were concerned about the size. As a result of this, and I am saying as a result of this application, the Town Board adopted a change, reduced the size of the units down to 600 square feet. THE CHAIRMAN: Which they ended up being. MR. HAEFELI : . They reduced, they told us, because of the size for the impact you have to reduce the number --we were entitled to 76 . The Planning Board could not normally reduce the number.- down; but under SEQRA Planning Boards can do a lot of things, and they told us we had to reduce the number down to 68 units, which is what we did; and I emphasize to you, there was no determination made by any board with reference to kitchen/kitchenettes, and the reason I say that is very simply before February of 1989 in this Town you could put a motel in and you could put kitchenettes in, without any question. . In 1989-- BOARD ASSISTANT-CLERK: I am not sure. We would have to get the old Code to doublecheck. ZBA Hearings 28 May 20, 1993 MR. HAEFELI : I am saying --What was the mitigation? The size of the project was too big. The buildings were too big. It obstructed the view. I didn't bring all that with me tonight. But if you want me to, in ten minutes I can find you mitigation. I 'm not sure you have that. Those were the basic reasons ,for it. And, remember, at that point in time, when the SEQRA determination came down, the size of the units were 850 square feet, all right. They were concerned about the size. As a result of this, and I am saying as a result of this application, the Town Board adopted a change, reduced the size of the units down to 600 square feet. THE CHAIRMAN: Which they ended up being. MR. HAEFELI : They reduced, they told us, because of the size for the impact you have to reduce the number --we were entitled to 76 . The Planning Board could not normally reduce the number .down; but under SEQRA Planning Boards can do a lot of things, and they told us we had to reduce the number down to 68 units, which is what we did; and I emphasize to you, there was no determination made by any board with reference to kitchen/kitchenettes, and the reason I say that is very simply before February of 1989 in this Town you could put a motel in and you could put kitchenettes in, without any question. In 1989-- BOARD ASSISTANT-CLERK: I am not sure. We would have , � to get the old Code to doublecheck. ZBA Hearings P9 May 20, 1993 THE CHAIRMAN: Yeah, see, that is what my concern is-- MR. HAEFELI (interposing) : Well, the old Code makes no reference to it. BOARD ASSISTANT-CLERK: I think it does . It had an amendment to-- MR. HAEFELI (interposing) : I have it right here-- THE CHAIRMAN: See, Dick, what the problem is-- MR. HAEFELI (continuing) : A motel - a building containing guest rooms, each of which-- BOARD ASSISTANT-CLERK: What is the date it was amended though? '88 or ' 89? Because they have an amendment. MR. HAEFELI : This would be ' 85 . BOARD ASSISTANT-CLERK: No, there is an amendment --in 1988 that defines it. MR. HAEFELI : What? BOARD ASSISTANT-CLERK: Transient and resort. MR. HAEFELI : That is the new code. BOARD ASSISTANT-CLERK: No, that is 189 . I am talking about before that there was an amendment, before that. So I am not sure what you are saying is correct. MR. HAEFELI : Well, until ' 85 . BOARD ASSISTANT-CLERK: I 'm talking about after 85 (and before 89) . MR. HAEFELI :Up until ' 85, ' 86 when our application was started, -- ZBA Hearings 30 \ May 20, 1993 BOARD ASSISTANT-CLERK: ' 87 . MR. HAEFELI (continuing) : 187, this is the definition in effect. BOARD ASSISTANT-CLERK: But we made a decision in 1989 when the new law was in effect. MR. HAEFELI : You made a decision under the new Code. My point is we proceeded for three and a half years under a code that was in effect. The code was changed in February. After the Code was changed, these other factors came into play; and what I am saying to you is - we have a resort motel . What application is before this Board tonight is simply an application: Does a resort motel allow kitchen cooking facilities' or does it not? And I am saying to you, based upon everything I have submitted, a resort motel allows cooking facilities as opposed to a transient motel. BOARD ASSISTANT-CLERK: I had one thing-- THE CHAIRMAN: Could you wait one second and I ' ll be right with you. THE CHAIRMAN: The problem I have is that we work on a building block system, okay? And we do have an outstanding decision on this application, okay? And I would rather put that all back in perspective, because I had no idea --I thought you were just addressing the specific issue tonight, of what the interpretation was . ZBA Hearings 31 May 20, 1993 BOARD ASSISTANT-CLERK: Well, that is what I believe he is doing. MR. HAEFELI : No, I am not doing that. I am asking-- BOARD ASSISTANT-CLERK: He is asking us to interpret what the Planning Board said. MR. HAEFELI : To be honest with you, I thought the • rider to my application pretty well -- I am addressing an issue, does, we have a resort motel . You have a definition .in your Code of a resort motel . BOARD ASSISTANT-CLERK: Wait. Before you get to that, I advertised it for transient for one reason. Can I explain it please? C MR. HAEFELI : Go ahead. BOARD ASSISTANT-CLERK: The reason I did is because their file, this special exception file, shows that there was a manager's unit, and only the transient motel provides for a manager' s unit. It is not provided under resort motel, so that is why it was advertised that way-- MR. HAEFELI (interposing) : I understand what you did, but I am saying that we had a denial in April of 189 -- 190?-- from the Building Inspector which started the ball rolling here, and that denial was on a resort motel . BOARD ASSISTANT-CLERK: Because you were asking for resort. But at the time you had transient. _ ZBA Hearings \ 32 (May 20, 1993 MR. HAEFELI (interposing) : It never has been. There has been an inference by certain people in the Planning Board that because you have a man-- and I cover that in my memorandum, that because you have a manager's office or manager' s apartment in a resort motel in this complex, and it specifically says you can have one in a transient motel, it automatically means this has to be a transient and it is not a resort motel. BOARD ASSISTANT-CLERK: There is one more reason-- MR. HAEFELI (continuing) : The small and simple answer to that is you don't need to specify having a manager's apartment in a resort motel because cooking facilities would be permitted. A transient motel excludes cooking facilities . A transient motel has to have a provision in there for a manager who is going to be there all the time. As I say in my memorandum, the logical conclusion of that thinking is that a transient motel can have an on-site manager 24 hours a day, but a resort motel cannot. And any motel that is open to the public has to have somebody there all of the time. THE CHAIRMAN: Okay. Listen, if what you are saying is correct to the best of everybody' s ability, okay-- MR. HAEFELI : Going back. to 184 . That is a long time, THE CHAIRMAN: If that is the case, all right, then there is certainly a little more credence to the fact that regardless of how the decisions came about, there is an inertia, okay, in my particular opinion, okay, toward the feeling that ZBA Hearings 33 May 20, 1993 you are perpetuating. All right. However, I cannot, I am totally negating that at this point until I have the building blocks of where we are to the point of 1991 or at least the hearing that has been held up ever since. BOARD ASSISTANT-CLERK: With the Planning Board especially because we don't have everything-- THE CHAIRMAN (resuming) : So it necessitates me, all right, because this is the way we work, all right, to really get together with them and discuss with them how we got to this particular point, because there are at least three members on that Board who were there at the time, all right; and that is Richie Latham, Dick Ward, and Benny Orlowski . So let me do that, and then we will get back to you. And we will reschedule this and complete the whole thing. MR. HAEFELI : That's fine. BOARD ASSISTANT-CLERK: Anything you have in the meantime, you can--. THE CHAIRMAN: Then give me the stuff you have. MR. HAEFELI : I have a memorandum which I will send to you. THE CHAIRMAN: Okay, and we will read that, and then we will get back to you, okay? MEMBER VILLA: I have a question that might come up in here too. THE CHAIRMAN: Surely. ter: ZBA• Hearings 34 `riay 20, 1993 MEMBER VILLA: I don't know if it is pertinent to the interpretation, but when the plans were filed, did they show any signs of kitchens in these units? . MR. HAEFELI : When they were originally filed, no. We have a building permit for what is there. We have now applied, filed for an amended plan. MEMBER .VILLA: That is why I asked this for the simple reason that you say you have contracts that are in effect with Greenport. MR. HAEFELI : Yes. MEMBER VILLA: They're in effect for a certain amount of flow. The Health Department would be concerned on this if the plans change, ' in other words, if you come back with plans that show kitchenettes, that generally changes the flow criteria per unit. MR. HAEFELI : You are right, but we had a flow criteria for units in excess 'of what we have. MEMBER VILLA: I 'd be interested to know if the contract with Greenport would cover the flow you are talking about with kitchenettes, because if it doesn't, you might have to renegotiate; and I don' t know if they are in a position, what with their plan and capacity and everything else, to be able to take the extra flow. BOARD ASSISTANT-CLERK: Just let me turn the tape please. ZBA Hearings 35 May 20, 1993 THE CHAIRMAN: Bob, I am not taking anything away from your question, all right? Because we are still trying to wrestle with the idea of how we got -- MEMBER VILLA: I realize that, but, you know, the presentation was made that he has got these contracts that are in effect, and I just question as to whether they would still be valid or not if the flow changes . That's all. MR. HAEFELI: Do you have a copy of the contracts in the file? They are there. MEMBER DINIZIO: Right here, but there is no indication of kitchenettes . MR. HAEFELI: It says 76 units, two times two and a half people a unit times a hundred equals 19 gpd. MR. HAEFELI : Again, I really want to be sure this Board understands what I am here for tonight. We have an approval . We have a plan. We have a Building Permit. I think people are entitled to amend. Building Permits. Otherwise, we would be -- We amended the permit to ask for kitchenettes . We were denied by the Building Inspector. I am coming in to this Board because we have a resort motel and I want this Board to say "yes, they are permitted in the resort motel district, " or "they are not permitted. " That is the issue before the Board tonight. MEMBER DINIZIO: That is the only answer you want? MR. HAEFELI: That is the answer. ZBA Hearings 36 May 20, 1993 THE CHAIRMAN: Yeah, but it 's not really a generic answer, okay, because it really concerns this particular motel unit. It is not necessarily-- MR. HAEFELI (interposing) : Mr. Chairman, in all due respect to you, unless there is a condition --and there is no condition-- in the Planning Board with reference to that; I have explained to you exactly what took place and I have given you the two copies of it. THE CHAIRMAN: I have to read the SEQRA determination, Dick before that. I apologize, but I got to- . MR. HAEFELI : There is nothing to my knowledge, and I haven't read that in six years, but there is nothing in the SEQRA determination that has anything whatsoever to do with the issue before you. Your code either permits it or doesn't permit it. And if it doesn't permit it, fine. And I am saying to you that it does, based upon everything that I have submitted; and you can't make a determination otherwise. BOARD ASSISTANT-CLERK: What about the manager' s unit though? Suppose the Board says the kitchen or cooking facilities and kitchenettes are allowed in the motel units. MR. HAEFELI : Yes . BOARD ASSISTANT-CLERK: A manager' s unit would .be another use on the property. MR. HAEFELI : That has been approved. ZBA Hearings 37 May 20, 1993 C BOARD ASSISTANT-CLERK: Well, that has been approved based on the map you submitted, not the 1991 map. That was approved on the transient category by the Board-- MR. HAEFELI (interposing) : No, no. There has never been a transient motel approval under the definition in your Code as it stands today by any Board. BOARD ASSISTANT-CLERK: In your opinion. MR. HAEFELI : No. Okay, fine, in my opinion, and I am the attorney, yes . In my opinion there has not been. BOARD ASSISTANT-CLERK: Okay. MR. HAEFELI : We never made an application for -- Nobody in his right mind would ask for a transient motel out there and spend all that money for a transient motel. Why would a person put a motel up there? To attract people in the summer, vacationers. That's the purpose of it. That whole strip of land is all resort, between the hotels, the condos and the other buildings there. And, Mr. Villa, the answer to your question in all honesty is, that could become a problem as, when and if --and I don't think it is-- but if it is a problem, it becomes a problem at the point in time when we get to there. We haven't gotten to that point. MEMBER VILLA: Okay. You brought it up so I just questioned it. MR. .HAEFELI : I wanted to make sure you knew we had contrasts . ZBA Hearings 38 1•,dy 20, 1993 MEMBER DINIZIO: I see something in there that I don't particularly think that you are saying to us, you are saying to me, that you have approvals, okay, for what you are asking us for. MR. HAEFELI : That's correct. MEMBER DINIZIO: And you have gone through the Village of Greenport and got approvals . But now you are not so sure. MR. HAEFELI: What do you mean? I am sure. I am saying to you, I have an approval, I have a contract-- Excuse me? MEMBER DINIZIO: I would like to speak if you don't mind, and then you can answer my question. MR. HAEFELI : Okay. MEMBER DINIZIO: You are saying to us, this is what I hear, that you would like to have kitchenettes in a resort motel Tidemark, that you have gone through, you have approvals from the Village of Greenport, okay, for such. Yet when I ask you a question: Did you have kitchenettes in the plans when you applied for them? You said "No. " MR. HAEFELI : No, we didn't have plans because we had --in 1986 we had plans that were somewhat different from the plans that were finally approved. We had plans for 76 units of between 900 and a thousand square feet versus 68 units at 600 square feet-- MEMBER DINIZIO: With kitchen. MR. HAEFELI : I 'm sorry, ZBA Hearings 39 May 20, 1993 MEMBER DINIZIO: With kitchens? MR. HAEFELI : No. I am not sure, to be very honest with you, and I don't have the answer to this-- I 'm not sure a plan --which you are talking about as far as a plan-- when I was up here a minute ago. I am not sure that was ever given to the Village of Greenport. When we negotiated with the Village of Greenport, we said: "This is what we want. " And they said, "This is what you have to do. " So I am not going to either represent one way or the other; but this is going back a number of years-- I don't know whether or not we gave what you Iare talking about as far as a plan goes, which is a diagram, because I don't think we had them back then. C BOARD ASSISTANT-CLERK: We don' t have the same plan in our file. MEMBER DINIZIO: I am just saying you represented to me basically that you went to the Village of Greenport, said that what you are asking us for, they agreed with. Now basically you are saying, really, maybe that isn't so. MR. HAEFELI : No, that is not what I am saying. Look, I am saying all I am asking you to do is look at your Code and see whether it is Tidemark or the one down the street, or anyone else that is in the RR District, and is making an application for resort motel, are they entitled to kitchenettes? Does the Code permit kitchenettes? That is the only question I am asking You to resolve. C ZBA Hearings 40 Play 20, 1993 MEMBER DINIZIO: Are they entitled to apply to all agencies for resort motel? You certainly are. I have absolutely no problem for you to apply to all agencies for resort motel with kitchenettes . No problem. MR. HAEFELI: What does that have --You don't have a problem with that? MEMBDR DINIZIO: Absolutely no problem whatever. BOARD ASSISTANT-CLERK: Making his application. MEMBER DINIZIO: I have no problem whatsoever with you making those applications. MR. HAEFELI : That's all I am asking is, what does it mean, what does the meaning in resort motel mean? Does it mean because you can' t have them in the transient, can you have them in the other? That is the only question before you. MEMBER DINIZIO: I agree. BOARD ASSISTANT-CLERK: You were talking about other agencies that you went to, and you are tying that into this interpretation, right? MR. HAEFELI : What do you mean? No. I am not tying that in. I gave a history. What I tried to do is give a history and a background-- THE CHAIRMAN: But you see we-- MR. HAEFELI (continuing) : I am coming here and asking for an interpretation. I am asking for an interpretation on a ZBA Hearings 41 May 20, 1993 C denial by the Building Inspector. We said we wanted kitchenettes and they said you've got to come here. BOARD ASSISTANT-CLERK: But you started out explaining the whole process, right, so we have to now go back and meet with the Planning Board? MR. HAEFELI : No, I don't think you have to meet with the Planning Board. In all due respect, I don't think you have to meet with anybody. You have to sit down and determine whether or not kitchenettes are permitted in a resort motel . That is the question this Board has to decide. MEMBER DINIZIO: We certainly have to make our decision in light of the facts. C THE CHAIRMAN: Yeah, but it does concern this particular piece of property, dramatically. BOARD ASSISTANT-CLERK: It also pertains to what you approved under the old special exception. That is very important. THE CHAIRMAN: That 's right. That is what I am saying. MR. HAEFELI : It applies to every resort motel. It applies to the definition. THE CHAIRMAN: You are absolutely correct. MR. HAEFELI 1.: The..Board put a definition in, in ' 89 . Before 189 there was no definition. All I am saying is, that is what I 'am asking you to decide. ZBA •Hearings 42 may 20, 1993 THE CHAIRMAN: We will make a decision; I am going to recess it at this point; we can close it at a special meeting if we have to, okay; but we have to discuss this briefly with the Town Attorney et cetera; and so we will let you know exactly where we are going from here. . Are you going to submit the brief? MR. HAEFELI : I will submit the brief. There is one other thing, Mr. Villa, that they did --The Health Department, the biggest thing the Health Department asked for was construction drawings, if I remember correctly, of the laterals coming in, out and everything else. MEMBER VILLA: There has been such concern with both the water supply facilities and the sewage facilities in the Village of Greenport and their adequacy, that they would be very interested to see if there is any change in your flow criteria, because the department has had a lot, of problems with the Greenport system, and that was my concern, that if the flow increases, whether Greenport would have the capacity to accept it. MR. HAEFELI : I don't know whether Greenport has the capacity to accept as it is, you know, today-- MEMBER VILLA: That's right. MR. HAEFELI : But we have a contract that we entered into, and they have set us aside as one of the ones that will have it, as opposed to several of the other people that came in ZBA Hearings 43 May 20, 1993 C subsequent to us, because we signed those contracts a long time ago. MEMBER VILLA: It has been an ongoing problem with the Village. THE CHAIRMAN: Thanks so much for coming in. We will get back to you as soon as we get this thing wrestled out here. MR. HAEFELI : Thank you very much. THE CHAIRMAN: You're welcome. Anybody else like to say anything? (There was no response. ) THE CHAIRMAN: Seeing no hands, I make a motion recessing the hearing without a date. . (Seconded and carried; see Clerk's record. ) Verbatim transcript prepared from recorded tape. jdr End of hearings . TOWN OF SOUTHOLD ZONING BOARD OF APPEALS ------------------------------------------X In the Matter of the Application of Cliffside Associates for an MEMORANDUM Interpretation ------------------------------------------X This is an application by Cliffside Associates for an interpretation that cooking facilities/kitchenettes are permitted in a resort motel. It is important for the Board to understand the history of the 1 applicant's attempt to develop this property. When the applicant purchased the property in 1984 it was located in i the M-1 General Multiple Residence District. Multiple dwellings, hotels and } motels were permitted uses by way of a special exception from this Board in the M-1 district. Shortly after acquiring the property, the applicant filed an application for the construction of multiple dwelling residences on the basis of one unit per each 6,000 square feet of land area, which was the i Permitted density at that time. On April 9, 198S, while the applicant's proposal was pending, the Town Board amended the provisions of § 100-116 of the Code to increase the density from one unit per 6,000 square feet to one unit per 10,000 square feet. on July 5, 1989. This amendment was adopted specifically as a result of a the applicant's proposal. By the time the applicant received special exception approval from this Board in November, 1989 and site plan approval from the Planning Board in December, 1989 the following changes were made to the Zoning Code; (1) the density for residential units was increased, (2) the Zoning classification of the property changed, (3) new definitions for a motel were adopted, and (4) a limitation was placed on the size of the individual units. It is clear from this brief history that several of the changes which occurred in the Zoning Code, have limited and restricted the proposed uses the applicant intended to put the property to. The applicant is proposing to construct a resort motel on the property and is requesting an interpretation from the Board that cooking facilities and/or kitchenettes are permitted in a resort motel. This application comes to this Board from a notice of disapproval from the Building Inspector dated April 25, 1991, which specifies that a permit was applied for.to include kitchenettes in a resort motel. While this Board and the Planning Board have attempted to characterize the applicant's use as a transient motel, it is the applicant and not any agency of the Town of Southold, who has the right to designate the Permitted use it intends to put the property to and in this case the applicant intends to use the property for a resort motel. This Board's letter to the applicant's attorney on May 4, 1993, refers to the prior special exception record as one for a transient motel. There never was an on Long Island Sound and the applicant has paid $104,135.00 for public water and sewer contracts. The applicant purchased the 7.13 acres of land for $1,135,000.00. If all that the applicant intended was a transient motel, the applicant could have purchased the same amount of land without frontage on Long Island Sound for $30,000.00 an acre or for about $250,000.00 as opposed to S160,000.00 an acre or $1,135,000.00. The size of the units were shown on all plans as being between 850 and 1,000 square feet until July, 1989 when, based on this application, the Code was amended to limit the size to 600 square feet. Even now the units have 2 bedrooms and are substantially larger than the 250-350 square foot rooms provided by transient motels such as Hampton Inn. Further, the site plan as approved provides for access to the beach an amenity referred to in the definition of a resort motel but not a transient motel. The site plan also provides for two tennis courts an amenity found in a resort motel but not in a transient motel. Finally, it is incomprehensible that anyone in the Town of Southold would refer to this project as a transient hotel. The project is located next to the Village of Greenport and abuts the Sunrise Motel, a resort motel, and is 2/10 of a mile east of the Soundview Inn, another resort motel. The traffic generated on the eastern end of the Town would not support a strictly transient motel. The only basis for stating that the proposal is a transient motel is a memo from the Southold Town Planning Board dated October 9, 1989 that applicant has at this time eliminates any claim that the use is a transient motel. It appears that the only reason this Board and the Planning Board are attempting to characterize the applicant's proposal as a transient motel is to avoid determining whether cooking facilities are permitted in a resort motel. The Planning Board in its two memorandums to this Board not only mischaracferizes the use of the property as either a transient hotel .or motel as referred to in its November 19, 1992 determination, or time- share units as it referred to in its November 8, 1991 decision, it further attempts to cloud the issue by comparing the motel density permitted in the RR district with the residential density in the Hamlet Business District and the memo implies that the applicant is proposing a residential use. The proposed use of the property as stated time and again, by the applicant is a.resort motel and this Board and the Planning Board must apply the Zoning Code based upon the use presented to it, and not as some illusory possible future use. In (DiMilia v. Bennett, 149 A.D.2d 592), an application was denied by the New York City Board of Standard and Appeals on the basis that the "proposed building would be readily convertible into illegal, non- conforming, two-family homes." In reversing the Board, the. Appellate Division, Second Department stated at p. S93 The standard to be applied herein is the actual use of the building in question, not its possible future use. . . . Under the definition of a transient motel, cooking facilities are specifically excluded from being available in any unit. A review of the provisions of a resort hotel contains no such restriction and there was no such restriction in the prior Code's definition of a motel. This Board must strictly construe the definition of a resort motel and any ambiguity must be resolved in favor of the applicant. In construing this definition this Board has to take into account the fact that the Town Board at 'the time it adopted the definition could have included a prohibition against cooking facilities and failed to do so. Had the Village intended to impose such a condition on the exception it could easily have done so. . . . Since zoning regulations are in degradation of the common law, they must be strictly construed against the municipality which has enacted and seeks to enforce them. . . . Any ambiguity in the language used in such regulations must be resolved in favor of the property owner. . . . Allen v. Adami, 39 NY 2d 275, 277. It is clear that the only .objection to the applicant's proposed interpretation is the opposition by the Planning Board, which is insufficient as a matter of law to have this Board render a determination that cooking facilities are not permitted in a resort motel. This issue has been before this Board since 1991 which has given the Planning Board more than a sufficient amount of time to make a recommendation to the Town Board to adopt an amendment to the Zoning Code which would specifically exclude cooking facilities in a resort motel. The fact that such a change in the Zoning Code has not been made is proof in and of itself that the Town Board never intended to exclude cooking facilities from a resort motel. r Fr i Gi , Ir PLANNING BOARD MEMBERS d �r �, t "{,t SCOTT L. HARR[S Bennett Orlowski, Jr., Chairman ��, d��' �Tr Supervisor George Ritchie Latham. Jr. 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 MEMORANDUM TO: Gerard P. Goehringer, Chairman and Members of the Zoning Board of Appeals FROM: Bennett Orlowski, Jr. , Chairman d and Members of the Planning Boar ?/� RE: Appeal No. 4039 by Cliffside Associates Cliffside/Tidemark Motel County Route 48, Southold SCTM # 1000-45-1-1 DATE: November 19, 1992 The Planning Board is opposed to the third request of Cliffside/Tidemark Motel for an interpretation of the Zoning Code that would permit the installation of cooking facilities (kitchens, kitchenettes) in the motel units. When this request was made for the second time, in November of 1991, we voiced opposition to such an interpretation, a copy of which is attached for your information. This memorandum addresses additional issues that have come to our attention in the intervening time. As set forth in the Master Plan and the Zoning Code, the purpose of the Resort Residential zoning category is significantly different from that of the Hamlet Density zoning district. The Zoning Code reads: "The purpose of the Resort Residential (RR) District is to provide opportunity for resort development. . ." The uses permitted within this district by Special Exception are related to the tourist economy. By contrast, the purpose of the Hamlet Density (HD) Residential District is "to permit a mix of housing types and level of residential density appropriate to the areas in and around the major hamlet centers. . . " The RR district allows transient motels or hotels, while the HD district allows multiple residences. If kitchens or kitchenettes are installed, the transient motel or hotel use will convert to a year-round residence, for all practical purposes. From the beginning and throughout the environmental review procedure, the project was reviewed as a motel/hotel without eating facilities. According to our files, the applicant has been asked, as far back as 1986, for guarantees that the motel would be operated without kitchen facilities. Cliffside' s water and sewer contracts with the Village of Greenport, which are dated April, 1987, were based on a projected average daily flow based on 2. 5 people per unit, 76 motel units and 100 gallons per day usage per unit, which is the flow for a motel unit without kitchen facilities. The size (square footage) of the motel unit also is a factor. Therefore, it appears that the addition of kitchen facilities may require another review by both the Suffolk County Department of Health Services and the Village of Greenport. Enc. Sewer and Water contracts - Village of Greenport cc: Victor Lessard, Principal Building Inspector PLANNING BOARD MEMBERS SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman �� a9=+.ai+"' "'�. .Q' Supervisor s� George Ritchie Latham. Jr. �0 ... , .J��'. � Richard G. Ward . fir Town Hall, 53095 Main Road Mark S. McDonald 14.u,y 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 MEMORANDUM TO: Gerard P. Goehringer,. Chairman Zoning Board of Appeals FROM: Bennett Orlowski, Jr. Chairman RE: Appeal No. 4039 by Cliffside Associates Cliffside/Tidemark Motel County Route 48, Southold SCTM # 1000-45-1-1 DATE: November 8, 1991 The Planning Board wishes to convey its opposition to the request of the owner of Cliffside/Tidemark Motel for a favorable interpretation of the Zoning Code so as to permit the granting of a variance to install cooking facilities (kitchens, kitchenettes) in the motel units. The reasons for the Board' s position are as follows: The 68-unit hotel complex received site plan approval on December 18, 1989 . The site is approximately 7. 002 acres or 305,005 square feet in area. Construction of 68 unit motel or time-share units, each 600 square feet in size, and with two bedrooms apiece, will result in a site density equivalent to 9.7 units to the acre. The Resort Residential zoning district provides for a maximum density of 10. 89 units to the acre (one unit for every 4, 000 square feet of land area) , provided water and sewerage services are available. By way of comparison, the maximum residential density allowed by the Zoning Code is four units to the acre in the Hamlet Density district ( formerly the Multiple Residential district) . Only one residential project, Founder' s Village, has more units to the acre. However, those units are restricted to two residents apiece because of a Health Department variance. In the Resort Residential zoning district, there is no restriction on the number of residents per unit. However the applicant chooses to define the terms "cooking facilities", "kitchen" , "kitchenettes" (with or without a microwave, hot plate, small refrigerator, wet bar, small cupboard, small sink, etc. ) , the addition of same will change the purpose of the project from a resort motel or, more accurately a condo- or time-share motel to a regular residential dwelling unit complex. Granting the right to have kitchens, kitchenettes or cooking facilities, however the terms are defined by the Zoning Board, could set the stage for the conversion of these units from motel time-share units to year-round dwelling units. This is contrary to the intent of the Resort Residential zoning district. In effect, allowing the installation of cooking facilities, kitchens and kitchenettes in 68 units on a seven acre parcel will be granting the project owner a benefit that: 1) is not enjoyed by any other residential complex in any zoning district, and 2) is not enjoyed by any other approved resort motel or hotel complex within Southold Town to the best of our knowledge. If there are such facilities in existance, perhaps there should be an investigation into whether they have been installed legally. Finally, the Planning Board' s approval of this project was in keeping with the findings of the Final Environmental Impact Statement, which was adopted on February 27, 1989. If your office did not receive this document in 1989 as part of the coordinated review, the office staff will supply you with a copy. cc: Victor Lessard, Principal Building Inspector 1 n r • *r i fLjvm 4 na��►� ��[[ k ,,}} .?H C .r: (y Y. Y ,Y } (P av J 11�fI�1FTMt i( 1 :k;tyrG �1 ff4„ u�4y niY R y ��to . . 3&ZM f - t` N . r, NING BOARD 4J fq rvO� 1 � �• /p`tq/y�/ ry � ;y a f. r. i .. ��'-q 1 tY � �� lY1 f 4� "• t'_p Q x .. .xa.>`.•aa�. � •�'La.. .:..L y � ^ � �.�#q�a�"Era' 9 k • s 74)(q 40 '}. S.g a w w '7 :•'_ r r. k 14a# i T`m v ri a.t. r s, is 11 LLt ! •� .� •ys'#I S'. r. r s a' •M a SR r: {' < 3 r�A �„�� `}^' r • �'._ r 'C ZV ,.�p. a•; .: � 0 '' .a Y LAI•� �a•il�l� ) ' �Fda tz- S' a^' � ya. Iy i �$^ �, t 4Y� ��ji 1. } �YY r}'�a t £ • '. y. ' A ` •+7^3 it � j. rye Ca .• Y. .9$ .." `�. 31-0 6. r r <}'• 5 ='.a ,w31-.�ia �. w ��s.., a.a• x . Lew • -r ,kit is 1• !. a •. `-t �.� •. - ..lq k) ., "` ` B � �` � � �.I t r� Fes., < •t .� r. y • Y 1 t y Y Qs' .h� ai 'r � • ��f: 3 t t ��' b='Y tiF1 �T;. r .•.G �� 1 w �l .- .fit .• PyX54 R, f �V� FOt PLANNING BOARD MEMBERS w e t ,'� SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman ''� ^ � Supervisor George Ritchie Latham, Jr. Richard G. Ward 4;_ '.:fit 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 MEMORANDUM TO: Gerard P. Goehringer, Chairman Zoning Board of Appeals FROM: Bennett Orlowski, Jr. Chairman RE: Appeal No. 4039 by Cliffside Associates Cliffside/Tidemark Motel County Route 48 , Southold SCTM # 1000-45-1-1 DATE: November 8, 1991 The Planning Board wishes to convey its opposition to the request of the owner of Cliffside/Tidemark Motel for a favorable interpretation of the Zoning Code so as to permit the granting of a variance to install cooking facilities (kitchens, kitchenettes) in the motel units. The reasons for the Board' s position are as follows: The 68-unit hotel complex received site plan approval on December 18, 1989 . The site is approximately 7 .002 acres or 305, 005 square feet in area. Construction of 68 unit motel or time-share units, each 600 square feet in size, and with two bedrooms apiece, will result in a site density equivalent to 9.7 units to the acre. The Resort Residential zoning district provides for a maximum density of 10. 89 units to the acre (one unit for every 4,000 square feet of land area) , provided water and sewerage services are available. By way of comparison, the maximum residential density allowed by the Zoning Code is four units to the acre in the Hamlet Density district ( formerly the Multiple Residential district) . Only one residential project, Founder' s Village, has more units to the acre. However, those units are restricted to two residents apiece because of a Health Department variance. In the Resort Residential zoning district, there is no restriction on the number of residents per unit. However the applicant chooses to define the terms "cooking facilities" , "kitchen" , "kitchenettes" (with or without a microwave, hot plate, small refrigerator, wet bar, small cupboard, small sink, etc. ) , the addition of same will change the purpose of the project from a resort motel or, more accurately a condo- or time-share motel to a regular residential dwelling unit complex. Granting the right to have kitchens, kitchenettes or cooking facilities, however the terms are defined by the Zoning Board, could set the stage for the conversion of these units from motel time-share units to year-round dwelling units. This is contrary to the intent of the Resort Residential zoning district. In effect, allowing the installation of cooking facilities, kitchens and kitchenettes in 68 units on a seven acre parcel will be granting the project owner a benefit that: 1) is not enjoyed by any other residential complex in any zoning district, and 2) is not enjoyed by any other approved resort motel or hotel complex within Southold Town to the best of our knowledge. If there are such facilities in existance, perhaps there should be an investigation into whether they have been installed legally. Finally, the Planning Board' s approval of this project was in keeping with the findings of the Final Environmental Impact Statement, which was adopted on February 27, 1989. If your office did not receive this document in 1989 as part of the coordinated review, the office staff will supply you with a copy. cc: Victor Lessard, Principal Building Inspector - r �7 PLANNING BOARD MEMBERS ? i SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman .y' ` ®�� Supervisor George Ritchie Latham, Jr. 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 MEMORANDUM TO: Gerard P. Goehringer, Chairman and Members of the Zoning Board of A peals - FROM: Bennett Orlowski, Jr. , Chairman and Members of the Planning Boar RE: Appeal No. 4039 by Cliffside Associates Cliffside/Tidemark Motel County Route 48, Southold SCTM # 1000-45-1-1 p DATE: November 19, 1992 " '. The Planning Board is opposed to the third request of Cliffside/Tidemark Motel for an interpretation of the Zoning Code that would permit the installation of cooking facilities (kitchens, kitchenettes) in the motel units. When this request was made for the second time, in November of 1991, we voiced opposition to such an interpretation, a copy of which is attached for your information. This memorandum addresses additional issues that have come to our attention in the intervening time. As set forth in the Master Plan and the Zoning Code, the purpose of the Resort Residential zoning category is significantly different from that of the Hamlet Density zoning district. The Zoning Code reads: "The purpose of the Resort Residential (RR) District is to provide opportunity for resort development. . ." The uses permitted within this district by Special Exception are related to the tourist economy. By contrast, the purpose of the Hamlet Density (HD) Residential District is "to permit a mix of housing types and level of residential density appropriate to the areas in and around the major hamlet centers. . ." The RR district allows transient motels or hotels, while the HD district allows multiple residences. If kitchens or kitchenettes are installed, i the transient motel or hotel use will convert to a year-round residence, for all practical purposes. From the beginning and throughout the environmental review procedure, the project was reviewed as a motel/hotel without eating facilities. According to our files, the applicant has been asked, as far back as 1986, for guarantees that the motel would be operated without kitchen facilities. Cliffside' s water and sewer contracts with the Village of Greenport, which are dated April, 1987 , were based on a projected average daily flow based on 2.5 people per unit, 76 motel units and 100 gallons per day usage per unit, which is the flow for a motel unit without kitchen facilities. The size (square footage) of the motel unit also is a factor. Therefore, it appears that the addition of kitchen facilities may require another review by both the Suffolk County Department of Health Services and the Village of Greenport. Enc. Sewer and Water contracts - Village of Greenport cc: Victor Lessard, Principal Building Inspector ti CJ S M PLANNING BOARD MEMBERS }x e �, , SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman '�. �. �' Supervisor tD George Ritchie Latham, Jr. Richard G. Ward _ Town Hall, 53095 Main Road Mark S. McDonald u " 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 MEMORANDUM TO: Gerard P. Goehringer, Chairman Zoning Board of Appeals FROM: Bennett Orlowski, Jr. Chairman RE: Appeal No. 4039 by Cliffside Associates Cliffside/Tidemark Motel County Route 48, Southold SCTM # 1000-45-1-1 DATE: November 8, 1991 The Planning Board wishes to convey its opposition to the request of the owner of Cliffside/Tidemark Motel for a favorable interpretation of the Zoning Code so as to permit the granting of a variance to install cooking facilities (kitchens, kitchenettes) in the motel units. The reasons for the Board' s position are as follows: The 68-unit hotel complex received site plan approval on December 18, 1989 . The site is approximately 7 .002 acres or 305,005 square feet in area. Construction of 68 unit motel or time-share units, each 600 square feet in size, and with two bedrooms apiece, will result in a site density equivalent to 9.7 units to the acre. The Resort Residential zoning district provides for a maximum density of 10 . 89 units to the acre (one unit for every 4,000 square feet of land area) , provided water and sewerage services are available. By way of comparison, the maximum residential density allowed by the Zoning Code is four units to the acre in the Hamlet Density district ( formerly the Multiple Residential district) . Only one residential project, Founder' s Village, has more units to the acre. However, those units are restricted to two residents apiece because of a Health Department variance. In the Resort Residential zoning district, there is no restriction on the number of residents per unit. However the applicant chooses to define the terms "cooking facilities" , "kitchen" , "kitchenettes" (with or without a microwave, hot plate, small refrigerator, wet bar, small cupboard, small sink, etc. ) , the addition of same will change the purpose of the project from a resort motel or, more accurately a condo- or time-share motel to a regular residential dwelling unit complex. Granting the right to have kitchens, kitchenettes or cooking facilities, however the terms are defined by the Zoning Board, could set the stage for the conversion of these units from motel time-share units to year-round dwelling units. This is contrary to the intent of the Resort Residential zoning district. In effect, allowing the installation of cooking facilities, kitchens and kitchenettes in 68 units on a seven acre parcel will be granting the project owner a benefit that: 1) is not enjoyed by any other residential complex in any zoning district, and 2) is not enjoyed by any other approved resort motel or hotel complex within Southold Town to the best of our knowledge. If there are such facilities in existance, perhaps there should be an investigation into whether they have been installed legally. Finally, the Planning Board' s approval of this project was in keeping with the findings of the Final Environmental Impact Statement, which was adopted on February 27, 1989 . If your office did not receive this document in 1989 as part of the coordinated review, the office staff will supply you with a copy. cc: Victor Lessard, Principal Building Inspector SgfF04 j PLANNING BOARD MEMBERS `� 4y , i SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman ' "?8 " ^ ;�Y Supervisor George Ritchie Latham, Jr. P��1 _V Richard G. Ward t Town Hall, 53095 Main Road Mark 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 MEMORANDUM TO: Gerard P. Goehringer, Chairman Zoning Board of Appeals FROM: Bennett Orlowski, Jr. Chairman RE: Appeal No. 4039 by Cliffside Associates Cliffside/Tidemark Motel County Route 48, Southold SCTM # 1000-45-1-1 DATE: November 8, 1991 The Planning Board wishes to convey its opposition to the request of the owner of Cliffside/Tidemark Motel for a favorable interpretation of the Zoning Code so as to permit the granting of a variance to install cooking facilities (kitchens, kitchenettes) in the motel units. The reasons for the Board' s position are as follows: The 68-unit hotel complex received site plan approval on December 18, 1989 . The site is approximately 7 .002 acres or 305, 005 square feet in area. Construction of 68 unit motel or time-share units, each 600 square feet in size, and with two bedrooms apiece, will result in a site density equivalent to 9.7 units to the acre. The Resort Residential zoning district provides for a maximum density of 10 . 89 units to the acre (one unit for every 4,000 square feet of land area) , provided water and sewerage services are available. By way of comparison, the maximum residential density allowed by the Zoning Code is four units to the acre in the Hamlet Density district ( formerly the Multiple Residential district) . Only one residential project, Founder' s Village, has more units to the acre. However, those units are restricted to two residents apiece because of a Health Department variance. In the Resort Residential zoning district, there is no restriction on the number of residents per unit. However the applicant chooses to define the terms "cooking facilities" , "kitchen" , "kitchenettes" (with or without a microwave, hot plate, small refrigerator, wet bar, small cupboard, small sink, etc. ) , the addition of same will change the purpose of the project from a resort motel or, more accurately a condo- or time-share motel to a regular residential dwelling unit complex. Granting the right to have kitchens, kitchenettes or cooking facilities, however the terms are defined by the Zoning Board, could set the stage for the conversion of these units from motel time-share units to year-round dwelling units. This is contrary to the intent of the Resort Residential zoning district. In effect, allowing the installation of cooking facilities, kitchens and kitchenettes in 68 units on a seven acre parcel will be granting the project owner a benefit that: 1) is not enjoyed by any other residential complex in any zoning district, and 2) is not enjoyed by any other approved resort motel or hotel complex within Southold Town to the best of our knowledge. If there are such facilities in existance, perhaps there should be an investigation into whether they have been installed legally. Finally, the Planning Board' s approval of this project was in keeping with the findings of the Final Environmental Impact Statement, which was adopted on February 27, 1989. If your office did not receive this document in 1989 as part of the coordinated review, the office staff will supply you with a copy. cc: Victor Lessard, Principal Building Inspector § 100-13 SOUTHOLD CODE § 100-13 § 100-13 ZONING § 100- highest point ofa of buildings, whether detached or in connected uni the roof for flat and mansard roofs and to the HOTEL OR MOTEL, TRANSIENT — A building or gro mean height between eaves and ridge for other type roofs. containingindividual uaguest units consisting of a roc HISTORIC BUILDING — See "landmark designation." arranged or designed to be available for use as sleeping a living quarters for transients on a daily rental basis, provid HOME OCCUPATION —This shall be understood to include that one(1)such unit may connect directly with no more th the professional office or stuido of a doctor, dentist, teacher, one (1)other such unit and that no cooking facilities shall artist, architect, engineer, musician, lawyer, magistrate or available. Each such unit shall have a door opening on t practitioners of a similar character, or rooms used for "home exterior of the building or on a common hallway leading to t occupations," including home baking, millinery or similar exterior. A "transient hotel or motel" may include so handicrafts, provided that the office, studio or occupational accessory uses as an office, restaurant, accessory persoi rooms are located in a dwelling in which the practitioner services, swimming pool and off-street parking facilities. T resides and provided further that no goods are publicly term "transient hotel or motel" shall not be construed displayed on the premises and no sign or advertisement is include "resort motel" or "mobile home park," nor shall it shown other than a sign not larger than two(2)square feet in deemed to include any dwelling unit except that of the owr total area, bearing only the name and occupation (words only) or manager. of the practitioner. JUNKYARD — Land occupied or to be occupied for stora HOMEOWNERS' OR HOMES ASSOCIATION — A com- of old wood, paper, cloth or metal, including old automobil trucks, equipment, machinery, fixtures and appliances i munity association, including a condominium association, usable as originally designed,and also including any portion which is organized in a residential development in which such old automobiles, trucks,equipment or machinery as in individual owners have a shared interest in the responsibility be sold as and for junk or salvage. The existence on a for open space or facilities. residential lot of three(3)or more unregistered automobiles HOTEL OR MOTEL, RESORT — A building or group of trucks not housed within a building shall be deemed to be buildings, whether detached or in connected units, containing "junkyard."Public sanitary landfills and the structures local individual guest units consisting of a room arranged or thereon shall not be included in this definition.' designed to be available for use as sleeping quarters for LANDMARK DESIGNATION —The designation of a bui transients on a daily rental basis or for vacationers or other ing or structure of architectural or historic significance to t persons on a weekly rental basis, provided that one (1) such town through listing the property in the town's Register unit may connect directly with not more than one (1) other Designated Landmarks and filing a copy of the entry in t such unit. Each unit shall have a door opening on the exterior Town Clerk's office. of the building or on a common hallway leading to the LANDSCAPING — An area of land restricted to landsca exterior. A "resort motel" may include such accessory uses as a beach cabana, private dock, dining room, restaurant or items which may also include such elements as natui swimming pool, conference and meeting facilities or an features, earth berms, sculpture, signs, lighting, accesswEk accessory convenience shop, office or personal service facility, bikeways and pedestrianways. provided that such facility or shop is located within the LIGHT INDUSTRY — An activity which involves the fab building without any external sign or display and off-street cation, reshaping, reworking, assembly or combining parking facilities. The term "resort motel" shall not be ' Editor's Note: See also Ch.54,Junkyard& construed to include "transient motel"or"mobile home park." 10022 2-25-89 10023 2-2s- 0 PLANNING BOARD MEMBERS rn SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman 5 ` Supervisor George Ritchie Latham, Jr. 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__ MEMORANDUM NOV 19 W2 TO: Gerard P. Goehringer, Chairman and Members of the Zoning Board of A peals FROM: Bennett Orlowski, Jr. , Chairman �j and Members of the Planning Boar // RE: Appeal No. 4039 by Cliffside Associates Cliffside/Tidemark Motel County Route 48, Southold SCTM # 1000-45-1-1 DATE: November 19, 1992 The Planning Board is opposed to the third request of Cliffside/Tidemark Motel for an interpretation of the Zoning Code that would permit the installation of cooking facilities (kitchens, kitchenettes) in the motel units. When this request was made for the second time, in November of 1991, we voiced opposition to such an interpretation, a copy of which is attached for your information. This memorandum addresses additional issues that have come to our attention in the intervening time. As set forth in the Master Plan and the Zoning Code, the purpose of the Resort Residential zoning category is significantly different from that of the Hamlet Density zoning district. The Zoning Code reads: "The purpose of the Resort Residential (RR) District is to provide opportunity for resort development. . ." The uses permitted within this district by Special Exception are related to the tourist economy. By contrast, the purpose of the Hamlet Density (HD) Residential District is "to permit a mix of housing types and level of residential density appropriate to the areas in and around the major hamlet centers. . . " The RR district allows transient motels or hotels, while the HD district allows multiple residences. if kitchens or kitchenettes are installed, the transient motel or hotel use will convert to a year-round residence, for all practical purposes. From the beginning and throughout the environmental review procedure, the project was reviewed as a motel/hotel without eating facilities. According to our files, the applicant has been asked, as far back as 1986, for guarantees that the motel would be operated without kitchen facilities. cliffside' s water and sewer contracts with the Village of Greenport, which are dated April, 1987, were based on a projected average daily flow based on 2. 5 people per unit, 76 motel units and 100 gallons per day usage per unit, which is the flow for a motel unit without kitchen facilities. The size (square footage) of the motel unit also is a factor. Therefore, it appears that the addition of kitchen facilities may require another review by both the Suffolk County Department of Health Services and the Village of Greenport. Enc. Sewer and water contracts - Village of Greenport cc: Victor Lessard, Principal Building Inspector rO PLANNING BOARD MEMBERS SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman -_ „'i`r + '� Supervisor George Ritchie Latham, Jr. 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 TO: Gerard P. Goehringer, Chairman and Members of the Zoning Board of Appeals FROM: Richard G. Ward, Chairman RE: Appeal No. 4039 by Cliffside Associates Cliffside/Tidemark Motel County Route 48, Southold SCTM# 1000-45-1-1 DATE: July 20, 1993 Kitchens or kitchenettes were not shown on the site plan that was submitted by the applicant for our review. Consequently, the concept of kitchens or kitchenettes was not considered or discussed during the review of the environmental impact statement. Y" A `v PUBLIC HEARING BOARD OF ZONING APPEALS TOWN OF SOUTHOLD - July 22, 1993 (7 :30 P.m. Hearings Commenced) P r e s e n t HON. GERARD P. GOEHRINGER, Chairman SERGE DOYEN, Member JAMES DINIZIO, JR. , Member ROBERT A. VILLA, Member RICHARD C. WILTON, Member LINDA KOWALSKI, Clerk-Assistant to Board • Board of Appeals• 27 July 22, 1993 APPL. NO. 4039 - CLIFFSIDE ASSOCIATES INC (Owner) This is a request which concerns the April 26, 1991 and April 9, 1991 Notices of Disapproval issued by the Building Inspector concerning an application for permit to include kitchenettes in motel units citing Article III, Section 100-13 which is the Definition Section of the Zoning Code pertainingc to the April 9, 1991 Notice of Disapproval which reads hotel or motel transient which says in part that there will be no cooking facilities . . . " and pertaining to the April 25 1991 Notice of Disapproval which reads hotel or motel resort Action required by Zoning Board of Appeals to permit cooking facilities in individual motel units . . . . " The subject premises previously had received a conditional determination for a Special Exception filed 11/28/89 under Application No. 3542 for use of the premises for 68 motel units without individual kitchenettes or dwelling uses . Location of Property: 61475 C.R. 48, Greenport, NY; County Tax Map Parcel No. 1000-045-01-001 and 002 (now 2 . 1) , containing approximately 7.5 acres . The subject premises is located in the Resort-Residential (RR) Zone District. 8: 08 p.m. (The Chairman opened the hearing and read the legal notice and application for the record. ) THE CHAIRMAN: This is a recessed appeal from May 20, 1993, and we will ask Mr. Haefeli if there is something he would like to add to it? Appearance: Richard Haefeli, Esq. , Attorney for Applicant. Board of Appeals 28 • July 22, 1993 r ` Yes, I really have two things and it will be very quick. Last time there was a question as to whether or not the contracts that we have for water and sewer would meet the Health Department requirements as they are; and I had Henderson and Bodwell --and I would like to hand this up-- do an analysis as to the flow; and based upon that analysis, the flow with or without kitchens is less than the flow that is set forth in the contracts, so that what we were proposing does not exceed what we already have. THE CHAIRMAN: Okay. MR. HAEFELI : Also, we had a question as to what was the date of the building permit, and I do believe the one that is there, that's it. THE CLERK: The application, you mean. MR. HAEFELI : The denial refers to a building permit dated, the application dated April eleventh. The date on the permit is April ninth. I notarized it upon the tenth. The Building Inspector in his denial makes reference to the eleventh. Whether or not that is the date -- I assume that is the date the architect brought everything in. If not, it may be either based on my date of the tenth. The 1110" looks like an "11, " but that is the application. THE CHAIRMAN: Okay. MR. HAEFELI : The only other thing I have is the Board received a note from the Planning Board as to the fact that they did not consider kitchen or kitchenettes in their Board of Appeals• 29 • July 22, 1993 review of the site plan; and the only thing I want to point out again is, this application started in ' 86 under a Code where kitchens/kitchenettes were permitted. It was reviewed for two and a half years under that Code before the law was changed in I believe. it was January of 1989 . THE CHAIRMAN: Right. MR. HAEFELI : The final impact statement was actually completed before that date. It was accepted with changes they put in in March of ' 81 (sic) so there was no reason for any consideration of it because that never became an issue. There is no question that the plans they saw did not have kitchens or kitchenettes in it, so there was no reason for that to have been considered under the SEQRA process that took two and a half years for them to complete. And, Number Two, as far as them reviewing a site plan for an internal change, I don't believe that there is any basis or reason for it. They would be obligated to review the site plan if there had been, is a change of use in the property, an expansion of footprint, change in the parking --change in some external feature of the property from what had been approved to what is being proposed. This is not that type of situation. Okay, that is really all that I have left. I submitted the memorandum; and, again, I want to emphasize that this is an application for this Board to render an interpretation. THE CHAIRMAN: Thank you. Board of Appeals• 30 • July 22, 1993 ` THE CLERK: I just want to mention that I put in a copy of the Town Board' s hearing transcript on the new Local Law which is pending for resort motel . I did put that in the file. MR. HAEFELI : Okay, I didn't know that you had done that. THE CLERK: I just got it yesterday. MR. HAEFELI : Oh, you just got it yesterday, but they didn't vote on it, did they? THE CLERK: No, it went back to the drawing board again. THE CHAIRMAN: They're working on it. All right? MR. HAEFELI : Yes, I have nothing further. If anybody else has any other questions-- THE CHAIRMAN: I don't have any questions . Does anybody else? BOARD MEMBERS: No. THE CHAIRMAN: Thank you so much for driving all the way over here. MR. HAEFELI : Thank you very much for your hearing. THE CHAIRMAN: Any further questions, anybody in the audience, on Cliffside? (There was no response. ) THE CHAIRMAN: Seeing no hands, I . make a motion closing the hearing and reserving decision until later. (Seconded and carried; see Clerk' s Minutes. ) § 100.13 SOUTHOLD CODE § 100-13 MANUFACTURING—Any process whereby the nature, size or shape of articles or raw materials is changed, or where articles are assembled or packaged. MARINA or BOAT BASIN — Any premises containing one (1) or more piers, wharves, docks, moorings, bulkheads, buildings, slips, basins or land under water, designed, used or intended to be used primarily for the docking or mooring of boats, for or without compensation. MOTEL A building containing guest rooms, each of w c or each pair of which, has a separate entrance leading directly from the outside of the building, with parking space conveniently located to each unit, and which is designed, used or intended to be used primarily for the accommodation of motor vehicle transients. NONCONFORMING USE — Any use, whether of a building or tract of land, or both, existing on the effective date of this chapter, which does not conform to the use . regulations of the district in which it is located. PARTIAL SELF-SERVICE GASOLINE SERVICE STATION — A gasoline service station primarily for the servicing of motor vehicles and the dispensing of gasoline by means of a qualified attendant controlling an approved -_ console regulating the flow of gasoline into fixed and approved dispensing equipment thereafter to be operated by the customer at one (1) set of pumps on one (1) pump island and by a qualified attendant operating dispensing equipment at all other pump islands. [Added 4.11.78 by L.L. No. 2.19781 PRINCIPAL BUILDING — A building in which is conducted the main or principal use of the lot on which said building is located. PUBLIC WATER: PUBLIC SEWER — Communal sewage disposal systems and communal water supply systems approved by public agencies having jurisdiction thereof. [Amended 10.26.76 by L.L. No. 5.19761 Qa 10014 4.25-e3 �( r i i , w �v 'A \\ , , VILLA E OF GREENPQR � 5TA1E 1 � 4 6 ALT � 90 C Lek 5 n JYf I . a� .. ions �s Ca�� /Y/CIVDEO SU/LDING ZONE OF THE JUNL 6��97z_ i TOWN OF SOLITh SEP7. 29, !"972 _ SUFFOLK COUN7 JuI-Y / Z, 1973 _ M19Y 7i197'¢ _ NEW yORK JULY 30, /glr* _ FF_B_/O, /976__ JUNE/O, /975 _ SECT/ON "C' JJlJE /6, /9&7 CIF SIX SECT/C SGAL.E BOOFT•�/. p /000 5000 +� AM ENOEO - , — LEGENO -- `iq' Resir/mto�Ayricu/titre/ [�] Su�ervlsor "/17"L/9hl"Mu/ha✓e Residence Councilman — `M-1°General h1u/hp/e Res. MEIN counGilnlatr • y� ' Tor1r, .lUs`Nc a • dwelling unit independent of th ers of the other dwelling units in the building or baWngs. [Added 2-1.83 by L.L. No. 2.19831 COURT, INNER—An open space enclosed on all sides by exterior walls of a building. COURT, OUTER — An open space enclosed on three (3) sides by exterior walls of a building. COURT, OUTER, DEPTH OF — The linear average dimension measured from the unenclosed side of the court to the farthest wall thereof. COURT, OUTER, WIDTH OF—The linear dimension of the unenclosed side of the court. CURB LEVEL — The established elevation of the street grade at the point that is opposite the center of the wall nearest to and facing the street line. DWELLING, MULTIPLE — A building or portion thereof containing three (3) or more dwelling units. DWELLING, ONE-FAMILY — A detached building containing one (1) dwelling unit only. DWELLING, ROW OR ATTACHED — A one-family dwelling with two (2) common or party walls separating it from adjacent units on both sides. DWELLING, SEMIDETACHED — A one-family dwelling with one (1) wall in common with an adjacent dwelling. DWELLING, TWO-FAMILY — A detached building containing two (2) dwelling units only. DWELLING UNIT — A building or entirely self- contained portion thereof containing complete housekeeping facilities for only one (1) family, including any domestic servants employed on the premises, and having no enclosed space (other than vestibules, entrance or other hallways or porches) or cooking or, sanitary facilities in common with any other "dwelling unit." A 10010 4.2R-83 / § 100.13 ZONING § 100.13 equipment or machinery as may be sold as and for junk or salvage.' LOT—Any parcel of land, not necessarily coincident with a lot or lots shown on a map of record, which is occupied or which is to be occupied by a building and its accessory buildings, if any, or by a group of buildings accessory ( thereto, if any, together with the required open spaces appurtenant to such buildings or group of buildings. LOT,CORNER—A lot at the junction of and abutting on two(2) or more intersecting streets where the interior angle of intersection does not exceed one hundred thirty-five degrees (135°). A lot abutting a curved street shall be deemed a "corner lot" if the tangents to the curve at the points of intersection of the side lot lines with the street lines intersect at an interior angle of less than one hundred thirty-five degrees (1350). w LOT COVERAGE — That percentage of the lot area ---� covered by the building area. [Added 2.1.83 by L.L. No. 2- ( 19831 LOT DEPTH — The minimum distance from the street line of the lot to the rear lot line of such lot. LOT LINE — Any boundary of a lot other than a street line. § 100.13 ZONING § 100-13 i house trailer, a boarding- or rooming house, convalescent home, fraternity or sorority house, hotel, motel, inn, lodging or nursing or other similar home or other similar structure shall not be deemed to constitute a "dwelling unit." FAMILY — One (1) or more persons occupying a dwelling unit as a single nonprofit housekeeping unit. More than five(5) Cpersons eighteen (18) years of age or older, exclusive of domestic servants, not related by blood, marriage or adoption shall not be considered a"family."[Amended 5-17-88 by LL No. 14-19881 FENCE — A structure bounding an area of land designed to either limit access to the area or to screen such an area from view, or both. [Added 8-23-88 by LL No. 20-19881 FLOOR AREA—The sum of the gross horizontal areas of all floors of the building or buildings on a lot,having a clear height of not less than six (6) feet, measured from the exterior faces of exterior walls or from the center line of —_— party walls separating two (2) buildings, including cellar and basement areas. [Amended 2.1-83 by L.L. No. 2-19831 FLOOR AREA, LIVABLE — All spaces within the ex- tenor walls of a dwelling unit, exclusive of garages, breezeways, unheated porches, cellars, heater rooms and approved basements having a window area of less than ten percent (10%) of the square foot area of the room. "Usable floor area" shall include all spaces not otherwise excluded above, such as principal rooms, utility rooms, bathrooms, all closets and hallways opening directly into any rooms within the dwelling unit and all attic space having a clear height of six 16) feet from finished floor level to pitch of roof rafter with a clear height of seven (7) feet six (6) inches from finished floor level to ceiling level over fifty percent (5011o) of the area of such attic space. [Amended 2.1.83 by L.L. No. 2-19831 FLOOR AREA RATIO—The floor area in square feet of all buildings on a lot divided by the area of such lot in square feet. 10011 oases _ § 100-13 SOUTHOLD CODE § 100-13 GARAGE, PRIVATE — A building used for the storage of one (1► or more gasoline or other power-driven vehicles owned and used by the owner or tenant of the lot on which the garage is erected and for the storage of not exceeding two (2) additional vehicles (not trucks) owned or used by others. GARAGE, PUBLIC — A building, other than a private garage,used for housing or care of gasoline or other power- driven vehicles, or where such vehicles are equipped for \_ operation, repaired or kept for remuneration, hire or sale. HEIGHT — The vertical distance measured from the average elevation of the finished grade of the land im- mediately adjacent to the building to the highest point of the roof for flat and mansard roofs and to the mean height between save and ridge for other types of roofs. [Amended 2.1.83 by L.L. No. 2.19831 HOME OCCUPATION — This shall be understood to include the professional office or studio of a doctor, dentist, teacher, artist, architect, engineer, musician, lawyer, magistrate or practitioners of a similar character,or rooms used for "home occupations," including home baking, millinery or similar handicrafts, provided that the office, studio or occupational rooms are located in a dwelling in which the practitioner resides and provided further that no goods are publicly displayed on the premises and no sign or advertisement is shown other than a sign not larger than two(2) square feet in total area, bearing only the name and occupation (words only) of the practitioner. [Amended 2-1- 83 by L.L. No. 2.19831 HOTEL — A building occupied as the more or less tem- porary abiding place of individuals, who are lodging with or without meals, in which there are more than ten (10) rooms usually occupied singly and in which no provision is \ made for cooking in any room or individual apartment. JUNKYARD — Land occupied or to be occupied for storage of old wood, paper, cloth or metal, including old automobiles, trucks, equipment, machinery, fixtures and appliances not usable as originally designed, and also including any portion of such old automobiles, trucks, 10012 i FOAM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD,N.Y, NOTICE OF DISAPPROVAL((�� Date . . . . . .I.IG�. . .9. . . . . . . ., . . . . . . . . . . . . . . . . . . . . . . . . . . PLEASE TAKE NOTICE that /your _application dated 1.... .-.i 1r , 19 for permit to A+4 X ow.. .1.1.-�' Jso-!A. at �7 . . . Location of Property . . . . . . . . . . . . .1 �JL •� �. . . . � p,,� p House No. r T•— Street Hamlet County Tax Map No, 1000 Section . . . . .C:t ` SJ. . . Block . . . PA . . . . . . . Lot . .0 .1 . . . . . . . . Subdivision . . . . . . . . . . . . . . . . . Filed Map No. . . . . . . . . . . . . . . . . Lot No.. , n . . . . . . . . . . . . . . . . . is returned herewith and disapproved on the following grounds . A, • , ,etov� /CDC/3 e . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .�.. .. .. . ... ..... . . . . . . . . . . . . . . . . . .. . . . . . . . Building Inspector RV 1/80 4 1 1 FORM NO.3 TOWN OF SOUTIIOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date n. . . . I. . ?S q 199.4 . . / To t'.cc�ifa.d�. .�.w�;�n.� . ./.S•. .71�'�^'�R��{. .�• ��L�Xo��e�4. � C�Lt.��S.oQa. - V .�d[�n..•�01t-�C� . . . . . . . . . . . . . . . . . . . . . . PLEASE TAKE NOTICE that your application dated . . •� . . . . . . . . . . . . . . . . .. 19 U . . for permit to _44"am.—AM . � �? c G/s r., . . lam?^^. . . ? t?�. . �!H�(gs. . at Location of Property . .�.�. ?S• • • R� � y� House No. S 7 B ' ' ' ' ' •��t•'R'FM�• ft.4 • • • • . Street U Hamle[ County Tax Map No. 1000 Section . . . 4.q 5". . . . . Block . , . • Q• • . • • • • Lot . . Q Subdivision . . . . . . . . . . . . . . . . . Filed Map No. . . . . . . . . . . . . . . . . Lot No. . . . . . . . . . . . . . . . . . is returned herewith and disapproved on the following grounds . ? • ,�p•c �dvt /uy ./ 3 2z..� �. . 1J� • .a , ,, .Q Vim,?- -? wn; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Building Inspector RV 1/80 J 1 INSPECTORS (516) 765-1802 �" `• ' VICTOR LESSARD,Principal SCOTT L.HARRIS,Supervisor CURTIS HORTON,Senior ? n Hall Town d lo T VINCENT R.WIECZOREK,Ordinance P.O.Box Southold Town Main Road ROBERT FISHER,Assistant Fire Southold,New York 11971 Building Inspectors - Fax(516)765-1823 THOMAS FISHER - ' '` ^s,.' Telephone(516)765-1800 GARY FISH ? ay OFFICE OF BUILDING INSPECTOR IV TOWN OF SOUTHOLD December 5, 1990 Mr. Kenneth J. Tedaldi P.O. Box 815 Quogue, New York 11959 RE: Cliffside/Tidemark Building Permit #18687-Z Suff. Co. Tax Map #1000-45-1-1 Dear Mr. Tedaldi: In reference to the amended plans submitted to this office yesterday, please be advised that this office will need a letter from the Zoning Board of Appeals approving the kitchenette in said units. According to Paragraph 5 of Appeal #3542, only the Managers Unit will contain kitchen facilities. If there are any questions, please contact this office. Very truly yours, \SSOOUTgH-OLD TOWN BUILDING DEPT. Victor G. Lessard, Principal Building Inspector VGL:gar cc to: Zoning Board of Appeals ✓ PUBLIC HEARING SOUTHOLD TOWN BOARD JUNE 29, 1993 8:07 P.M. IN THE MATTER OF A PROPOSED "LOCAL LAW IN RELATION TO HOTEL OR MOTEL, RESORT". Present: Deputy Supervisor George L. Penny IV Justice Raymond W. Edwards Councilman Thomas. W. Wickham Councilman Joseph J. Lizewski Councilwoman Alice J. Hussie Town Clerk Judith T. Terry Town Attorney Harvey A. Arnoff Absent: Supervisor Scott L. Harris DEPUTY SUPERVISOR PENNY: We'll move to public hearing number four, a Local Law change to be read by Councilman Lizewski. COUNCILMAN LIZEWSKI : "Public Notice is hereby given that there has been pre- sented to the Town Board of the Town of Southold, Suffolk County, New York, on the 1st day of June, 1993, a Local Law entitled, "A Local Law in Relation to Hotel or Motel, Resort". Notice is further given that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, Main Road, Southold, New York, on the 29th day of June, 1993, at 8:07 P.M., at which time all interested persons will be heard. This proposed "Local Law in Relation to Hotel or Motel, Resort" reads as follows: BE IT ENACTED by the Town Board of the Town of Southold as follows: 1. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended as follows: 1 . Section 100-13 (Definitions) is hereby amended by adding thereto the following: HOTEL OR MOTEL, RESORT - A building or group of buildings, whether detached or in connected units, containing individual guest units consisting of a room arranged or designed to be available for use as sleeping quarters for transients on a daily rental basis or for vacationers or other persons on a weekly rental basis, provided that one (1 ) such unit may be connected directly with not more than one (1) other such unit. Each unit shall have a door opening on the exterior of the building or on a common hallway leading to the exterior. Each unit may be equipped with cooking facilities. In permitting the installation Pg 2 - PH LL Hotel or•tel, resort of cookin facilities however, the Town Board wishes to insure that resort motels or hotels do not become permanent residents To assist in preventin this occurrence periodic inspections of these premises by the Bui,din Inspector as well as the filing of covenants and restriction restricting these facilities from becoming permanent residences shall be required by the Town in grantin approval for this use. A "resort motel" may include such accessory uses as a beach cabana, private dock, dining room, restaurant or swimming pool, conference and meeting facilities or an accessory convenience shop, office or personel service facility, provided that such facility or shop is located within the building without any external sign or display and off-street parking facilities. The term "resort motel" shall not be construed to include "transient motel" or "mobile home park". 11. This Local law shall take effect upon its filing with the Secretary of State. * Underscore represents addition(s) Copies of this Local law are available in the Office of the Town Clerk to any interested persons during business hours. Dated: June 15, 1993. Judith T. Terry, Southold Town Clerk." I have proof of publication in The Long Island Traveler- Watchman, and on .the Town Clerk's Bulletin -Board right out here in the Town Hall June 24, 1993. The communications, that were received are first from the Director of Planning. Dear Mrs. Terry, Pursaunt to requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced appli- cation which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination. A decision of local determina- tion should not be constr ed as either an approval or disapproval. We also have communications from Gera Goehringer, ZBA Chairman. We have reviewed a copy of the attached draft of a "Local Law in Relation to Hotel or Motel, Resort" and rquest that references to 'beach cabana' be further defined, or removed from the text. We have had difficulty over the years concerning projects which involved the construction of a storage building and later converted to a guest cottage or beach house. The eyes of the beholder would decide whether the building is a beach cabana, guest cottage or beach house. Beach cabanas, guest cottages and beach houses are not defined in our zoning code. In order for them to be per- mitted accessory uses, they should either be defined as an accessory storage building without cooking or sleeping facilities, or be removed from the text. Thank you for your consideration in this regard. We, also, have a letter from the Southold Town Planning Board. Dear Mrs. Terry, The Planning Board adopted the following report at its public meeting on June 14, 1993: Be it resolved that the Planning Board has reviewed this proposed Local Law which will amend the current definition for Resort Motels and Hotels to allow cooking facilites in all guest units. We find we cannot support this proposed legislation as written. The Board is of the opinion that adopting this amendment will be to act, in direct opposition to the purpose of the Resort Residential Zoning District as designed by the comprehensive plan. The purpose of the RR district is to encourage the construction and retention of facilities which would enhance the tourist sector of the local economy. There are relatively few properties zoned for this use, and the Town should take care to ensure that these properties are developed in a manner that accomplishes our goal. While it is not uncommon for resort motels and hotels to have a few units with complete housekeeping facilities for those quests who may be staying for an extended period of time, the proposed amend- ment would allow every existing and proposed motel room in the Town to be con- structed or converted to a completely self-sustained housekeeping unit. According Pg 4 - PH LL Hotel o otel, resort RUTH OLIVA: I would suggest that you do, because there's different things. You and I have all been in different motels. Some motels just have the coffee pot, that you can plug in. Some have just a refrigerator, and a coffee pot. Another motel might have larger cooking facilities, such as a stove, a sink, and a refrigera- tor, and I think there should be some sort of definition, so that everybody would understand just what a cooking facility is. Thank you. DEPUTY SUPERVISOR PENNY: Thank you. Ronnie? RONNIE WACKER: Ronnie Wacker. I just want to agree with Ruth. I do think that we need more motels. We haven't really got enough motel facilities out here. We're going to have a wedding this summer, and I am told that I had better get my reservations in real early, if I hope that I'll get the guests to stay overnight. and they'll have a place to stay, and if we allow the units, that are for transient; for overnight, or weekend people, to be used for, maybe, for several week's stay, or a month, or more during the summer, why we're going to lose that space, which I think is real important. Thank you. DEPUTY SUPERVISOR PENNY: Thank you. Are there any other comments at this time? I would just like to comment on, if I may, on an editorial, that was in the Suffolk Life warning the Town of Southold to take a close look at what happened in Southampton, and I believe Dave Wilmott wrote it, and I also have, which I'm going to refer to our Town Attorney's Office, I believe we all got it, which is a Local Law. There was a problem in Southampton, I believe, where they were doing conversions of these .units into full-time living areas without any process. When we drafted this Local Law it came before the Legislature Committee, and we found out what the fears of most of the people on the Committee were, that these would turn into permanent residences. I contacted Mary Jerros, the Senior Attorney from the Association of Towns, who very, very clearly gave us the language which we have in our proposal, which would interject the legislative intent of the Town Board, that these not become permanent facilities, and that as a secondary precaution we could put a covenant and restriction on the property, preventing this also, and also, setting up the process for annual inspection. We .have done all of that. In the brief chance, that I've had to look at the legislation from Southampton, it appears that when Southampton allowed cooking units in their motels, they did not do that. It seems as if it was very easily convertible- into condominimums, and other type dwelling units, and there is a proposed Local Law No. 15, which I won't read at this time, because it's several pages long, which reverses that whole procedure. So, now, if someone wants to make a conversion, they're going to have to go through a long and lengthy process, so I think that the Town of Southold has learned from Southampton. I think that was the way we addressed it in the Legislative Committee. We didn't want these things to happen, and we were aware of the situation, that happened in Southampton, very, _very early on, and we've done everything possible in our law to draft it to make sure that these were not not readily convertible into permanent dwelling units, and I would refer this to the Town Attorney's Office, and possibly take it up again in our Legislative meeting,at some time in the future,to make absolutely sure that the Town of Southold is left no loopholes in this, and if the Town Attorney's Office can contact the Town Attorneys in Southampton, I'm sure that they'll help us clarify this issue. Thank you. COUNCILWOMAN HUSSIE: Is this the time for everybody to make comments? DEPUTY SUPERVISOR PENNY: On this proposal? Pg 3 - PH LL Hotel ot!Wtel, resort to the U.S. Census, about 35% of the Town's housing stock is used for a second home dwelling. This proposal has the potential to add to this already significant percentage. It will do nothing to preserve lodging places for short-term visitors who may be as vital a part of the tourist economy as the second home owner. The Planning Board would support changing the Zoning Code to allow the addition of complete housekeeping facilities in a small percentage of rooms in each hotel or motel, provided the percentages are determined after a thorough review and consideration of the typical percentages found in resort motels and hotels. Sincerely, Richard G. Ward. That's all the communications. DEPUTY SUPERVISOR PENNY: Thank you, Councilman Lizewski. Is there anybody from the public at this time, that would like to comment on the proposed Local Law change? Please come forward to the microphone, identify yourself. GEORGE WETMORE: My name is George Wetmore, 2200 Sound Drive in Greenport. I have reviewed this proposed law, and we reviewed it in the Master Plan proceedings over the last ten years. It was discussed with Councilman Stoutenburgh at that time. They agreed to put it into the Code. However, Murphy's Law took over, and so here we are again. I would allay anyone's fears about anything becoming a residence in a Rk zone, .because it is not allowed. Number two, if somebody is managing that site on a daily basis, and on a fee basis, that guy isn't going to let that guy move in because he's getting whack on the percentage. So, besides the fact, I think the IRS Code says they can't stay more than two weeks anyway, or they lose. The fourth reason, somebody said they are going to become welfare motels. Now, you Councilrry_gn I believe, studied the Zoning Code, and the Map. To my knowledge, are there any RR Zones in Hamlet Districts? No, gentleman, they are all on the water, and nobody's going to take a $40,000,000.00 site, and make a low-family dwelling. It's time we got into the 20th century, even though we're going on the 21st century. Our competition up and down the East Coast is offering these facilities, it increases the opportunities about 20c, and people demand them, even though they don't use them. It's been my experience running sites like this, they may occasionally with family have a preference. Most of the time, they'll go out to lunch and dinner, and may chill a bottle of wine for a sunset, but they're not massively used, but the public demands them. They help the income of the property. They help the income of the community, because they draw more wealthy tourists to the area, and the quality of the area. I think if we can improve the facilities, and upgrade them to upgrae our tourists to the point that maybe the local shops will survive in the future. Thank you. DEPUTY SUPERVISOR PENNY: Thank you, George. Somebody that would like to speak on this Local Law. change at this time? RUTH OLIVA: George, I just really have a question. Do we have any definition in the Code of cooking facilities? I mean is this a hot plate? Is it a full kitchen? Is it a sink, a refrigerator, what have you? Shouldn't there be some sort of a a definition in the Code of just what are considered cooking facilities? DEPUTY SUPERVISOR PENNY: We do not to my knowledge have a definition of cooking facility. Pg 6 - PH LL Notel o0otel, resort in that enforcement provisions, which is what that proposal said, including a covenant, including which would automatically be granting an approval of that nature it would automatically allow your Building Department, or others to come into inspect, as when and if there is a proposed violation, that certainly is going to take care of the enforcement factor. The one thing, that you can not presume anybody in this country is going to do is to violate the law. You have to presume, that if a person coming in to do something for a specific purpose they will do it as the law provides. You can't assume that if a person builds a one-family residental dwelling, that they're going to convert it into a two-family residental dwelling. If use is a permitted use in a specific district, and the person wants to come in and build pursuant to that permitted use, you have to presume that's exactly what they're going to do. You're planning consultant at the time he revised the Zoning Code took most of the definition for both the transient motel, and a resort motel from the Code of the Town of Southampton, and put it into your Code. He also limited it to very specific areas. Nobody is going to go buy a piece of property on the bluffs in the Town of Southold, and turn it into a welfare motel. The economics of it are not going to support what's sustained such a use. On the other hand, at the same time they're not going to turn it into a welfare motel. They're not going to turn it into a'transient motel. Nobody is going to build such a motel so somebody will come in the Greenport area, stay one night, while they're moving from one area to the other into the Town of Southold . They're going to build it because it's going to bring people out for a long weekend, a week, or two weeks, so that they can make reasonable return on their investment. You have two defini- tions in your Code right now, one of which is for a transient motel. Your defini- tion of transient motel specifically excludes cooking facilities, and it should. That's a specific type of a use. It's a specific type of motel use. I would submit to the members of this Board, that there is no motel on the eastern end of this town, that can considered a transient motel. Everyone of those motels are basically resort motels. They rely on people that will come out here during the season, and will stay for a period of time. If those people come out, and stay in this town for a week, they're going to go into the local community, and they're going to spend money in the local community, which is going to benefit the economics of the com- munity. Thank you. DEPUTY SUPERVISOR PENNY: Thank you. Is there anyone else, that would like to address the Board at this time? Larry? LARRY TUTHILL: Larry Tuthill, Cutchogue. I just want to a comment in regard to transitional housing with regard to the Department of Social Services. I don't believe that's precluded by this legislation, because it says you're precluding permanent housing, but on the Social Services, in their welfare hotels emergency housing, put people in there temporarily, and they're looking for places that you . have the cooking facilites, that's what they're looking for. In the Hamptons, Southampton, they .do have people placed in the welfare hotels in the winter. Certainly people are not going to be doing this in the summer. They'll have their summer visitors using it. Then in the winter, when there is difficulty getting people into those transiental homes. That's when they come a welfare motel, and that's what happened in certain places in Riverhead, and Southampton. I don't believe that statute precudes it, because the welfare only keep people in there a week, sometimes a month or so, until those people can find permanent housing elsewhere in Suffolk County, and the Department of Social Services, also, can place people anywhere within the Town, so if someone from western Suffolk is being evicted Pg S - PH LL Hotel o otel, resort COUNCILWOMAN HUSSIE: On this proposal. DEPUTY SUPERVISOR PENNY: Sure, it's a public hearing. COUNCILWOMAN HUSSIE: Good, then I'm goingto be partof the public. I'm on record already, as saying that I don't approve of this, but I'm planning on giving you a few more reasons. I, at one point said, that I didn't think it was a good thing, because it would eat into the restaurant business, and it also eats into those people who have little bungalows and cottages, that they rent out, sometimes rely on those for the income that they get to pay their taxes. However, some more investigation, I've come up with, brings me to worry about it even more. 1 understand that hotel and motel owners are under great pressure by the Welfare Department to force them to have to lease these places out to welfare people, and sometimes the amount of money is as much as $1 ,200.00 a month per room. I mean that very hard to resist. I would think if you were just on the brink you would worry about that. Also, there's the problem that we've had already with one motel. It was turned into a condo, and then we have it eating into the tax base, because they are given—the taxes go down for that particular situation. The part about. .) don't know, George, I don't want to argue with you but just because the Association of Towns says,. that the wording is correct, it's the correct wording if indeed you want to make a kitchen part of the motel, or hotel, then I guess you could have that part in there. I prefer not have any kitchens in those, maybe a percentage. I think the risk is greater than we can control with the Code change. That's all I have to say. DEPUTY SUPERVISOR PENNY: Thank you, Alice. Is there anyone else, who would like to comment on this Local Law at this time on the Town Board? Somebody from the public? RICHARD T. HAEFALI : Richard T. Haefali from 48 Main Street, Westhampton Beach, New York. I'm the attorney for Cliffside Associates, which is a motel, that has received approval. We're in the Board of Appeals with reference to a determination as to whether your present Code will permit kitchen facilities. The first comment I would make is as to Zoning Board reference to whether or not the definition in the Code for a cabana, etc. , you probably should put something in, so you can be sure of what that particular use is for. As a Village Attorney, Village of Westhampton Beach, we have such a definition, which precludes it from being used for residential, or for dwelling purposes. As to this Planning Board's comments with reference to this particular proposal, I think what they're doing is basically contradicting themselves. T hey acknowledge the fact that this is a resort community. They acknowledge the fact that people come out here to stay for a period of time. If people come out to stay for a period of time, you want facilities, that they can stay in during that period of time. A transient motel by definition, and by use, is similar to a Holiday Inn, Hampton Inn, Where a person will come, and stay one night, then leave. A resort motel is something where people are going to come and stay for a period, whatever that period happens to be, a long weekend, one week, or two week. The Town of Southampton, Mr. Penny made reference to the Town of Southampton, I can tell you right now as to their current Zoning provisions for motels, the Town of Southampton has not had a new motel constructed since 1972, when the current Code went into effect. Nu mberous reason for this, the least of which is the number of units permitted per acre, plus the other restrictions, that have been put on. The reference Mr. Penny is making to it has to do with the conversion of some existing motels. if you are considering a proposal to amend the Code to specifically permit cooking facilities, and you add Fsg ,7 - PH LL Hotel Atel, resort from their home by the Sheriff, and they go to the Department of Social Services, they can be placed anywhere in the County, and again, they will be looking for a place which has room with cooking facilities, because they don't want to place people in a place without cooking facilities. Thank you. DEPUTY SUPERVISOR PENNY : Thank you, Larry. Is there anyone else from the public that would like to speak at this time? (No response.) Is there anyone from the Town Board, who would like to comment at this time? (No response. ) Hearing none, we'll close this public hearing. C� Southold Town Clerk JU61TH T. TERRY ►►: Iv '� Town Hall, 53095 Main Road TOWN CLERK O Y. r�� P.O. Box 1179 REGISTRAR OF VITAL STATISTICS o E Southold, New York 11971 MARRIAGE OFFICER ttt z_ O�. Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD j JUL 1 9la ' July 19, 1993 3 30 The Southold Town Board Legislative Committee will meet at 7:30 P.M. , Wednesday, July 28, 1993 in the conference room at the Southold Town Hall, Main Road, Southold, New York. A G E N D A 1 . Comments from the public hearing on "Hotel or Motel, Resort", copy of minutes enclosed. (Agenda per Councilman George Penny. ) udith T. T- erry Enclosure Southold Town Clerk Town Board Town Attorney Chief of Police Supt. of Highways Appeals Board Bldg. Dept. Planning Board Chambers of Commerce NFEC All Departments WNewspapers AZ Radio Station News 12 i.Txtr, APPEALS BOARD MEMBERS q ®G� SCOTT L.HARRIS Supervisor Gerard P.Goehringer, Chairman r x Serge Doyen,Jr. " <^ Town Hall, 53095 Main Road James Dinizio,Jr. P.O.Box 1179 Robert A.Villa �1 y'i Southold, New York 11971 Richard C.Wilton Fax (516)765-1823 Telephone (516)765-1809 BOARD OF APPEALSTelephone (516) 765-1800 TOWN OF SOUTHOLD July 16, 1993 Richard T. Haefeli, Esq. 184 Main Street Box 1112 Westhampton Beach, NY 11978-1112 Re: Interpretation Request - Cliffside Associates Dear Mr. Haefeli: For your information and update, we enclose a copy of correspondence received today from Valerie Scopaz, Senior Planner with the Planning Board offices concerning this matter. Mrs. Scopaz was asked to review the hearing transcript of May 20, 1993 and provide information as deemed appropriate. This correspondence was, of course, added to the file record. For your information, we have noted the record to show that you are requesting an appeal of the April 25, 1991 Notice of Disapproval, although two Notices of Disapproval were found of record in the Building Department files and noted in the advertisement. Thank you for making this clarification. As you know, the hearing has been advertised for July 22, 1993 . Very truly yours, GERARD P. GOEHRINGER CHAIRMAN Enclosures �gpFfO(,�c o�O OGy� S 1 COD PLANNING BOARD MEMBERS SCOTT L. HARR[S Bennett Orlowski, Jr., Chairman .f. 0`� Supervisor George Ritchie Latham, Jr. Richard G. Ward 41 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 TO: Gerard P. Goehringer, Chairman and Members of the Zoning Board of Appeals FROM: Richard G. Ward, Chairman RE: Appeal No. 4039 by Cliffside Associates Cliffside/Tidemark Motel County Route 48, Southold SCTM# 1000-45-1-1 DATE: July 20, 1993 Kitchens or kitchenettes were not shown on the site plan that was submitted by the applicant for our review. Consequently, the concept of kitchens or kitchenettes was not. considered or discussed during the review of the environmental impact statement. TUE 13 :39 DOUGLAS P HERRLIN 03/2S/gS 13:21 B 033 8760 1632461as EENDERSON#{ LL P. ®2 1 \ 0002 \y HENGERSON AND gppyyELL OONSUL71N0 ENGINiENS South Hater DM "s Based on 600 S.F. units (two bedroom with kitchen facilities)! 69 Units x 2.5 people x 100 GPD . 17,250 GPD 2 x avg, day or 2 x 17,250 34,500 GPI) &d Hou--r Dem'M^d 4 x 1 hour avg, demand or 17,300/24 hr. x 4 a. 2,900gallon4/hr Water Dem ud Based on 6W S.F. units (two bedroom units without kitchen facind") + ane manager's apartment: Average Daily Flow 68 units x 2.5 people x 7s aPD +ar 1 unit x 250 GPD am 12,750 GPD` 25o cpn 13,000 GPD Pea�av D 2 x avg. day or 2 x 13,000 26,000 OPD 7xI HourDemand demand or 13,000/24 hr. x 4 2,200 gallons/hr, Sheet 1 MAY-25-93 TUE 13 !4 OUGLAS P HERRLIN 63246148 P. 03 UQi29r84 13:22 'EOM 8780 nNDBRSONBOD L 003 HENDERSON ANO BODWELL caNSULTINe INGINEVIS Southold, NY (Based on SCHD Design Criteria) 600 S.F, motel unit (two bedroom with kitchen) 225 GPD/unit 69 x 225 = 15,525 GPD 600 S,P, motel unit (without kitchen) 150 (GPD/unit 69 x 150 w 10,200 GPD 1 x 225 = 225 QPU 10,425 GPD Sheet 2 " p �O APPEALS BOARD MEMBERS SCOTT L.HARRISSupervisor Gerard P.Goehringer, Chairman Serge Doyen,Jr. j ,t Town Hall, 53095 Main Road James Dinizio,Jr. :dry r O� Ill P.O.Box 1179 Robert A.Villa Southold, New York 11971 Richard C.Wilton Fax (516)765-1823 Telephone (516) 765-1809 BOARD OF APPEALS Telephone (516) 765-1800 TOWN OF SOUTHOLD MEMORANDUM TO: Chairman and Members of the Planning Board FROM: Board of Appeals DATE: July 14, 1993 SUBJECT: Site Plan - Tidemark (Cliffside) 1000-045-01-001 & 003 at Greenport Today we received a written response from Valerie Scopaz which is somewhat helpful except that we specifically are requesting clarification of the Planning Board' s SEQRA determination and site plan as it relates to kitchenettes. (This memo is being sent to you since Valerie has asked that instead of her referring our inquiry to you, that we should address a separate memo. ) We merely would like to know whether or not the Planning Board approved kitchenettes in the motel units in approving the site plan and under SEQRA. Please read the statements (underlined for easy reference) made by Mr. Haefeli on Pages 18 and 21 of the attached ZBA hearing transcript which refer to actions which may have been taken by the Planning Board in the SEQRA process or the site plan process. We are not asking for a comparison of the files. If possible, please respond by Wednesday, July 21, 1993 (since a month has passed since our memorandum to Valerie, and we understand that she has already discussed the hearing transcript with PB members on Monday, July 12th) . If we do not hear from you in writing by the hearing date, we will note that the record shows the Planning Board did not consider kitchenettes under SEQRA or under site plan approval, which is also true for the Special Exception granted by the ZBA. Thank you. . ZBFa Hearings 18 nay 20, 1993 and sewer. We have 406 feet of frontage on Long Island Sound. We have 406 feet of beach frontage on Long Island Sound. In 19, I believe it was 1986, we entered into a contract with the Village of Greenport for public water and public sewer. We paid $104,000 to the Village for both of those, for the installation of both the public water and public sewer. Those contracts are still in effect. I am making reference to this because I want to emphasize there were several memorandums in this file from the Planning Board --that what is being proposed here, has always been proposed and it will continue to be proposed, is a resort motel and not a transient motel . We purchased seven and a half acres of property on Long Island Sound. We have the public water and the public sewer which will permit us to have the density we have for this type of a project. We have -- The Project as .originally proposed showed two-bedroom units, as approved showed two-bedroom units of 600 square feet. Anybody who goes to a transient motel like a Hampton Inn, the size of those units is 250 to 350 square feet. We have, as I said 406 feet of beach front. We are proposing two tennis courts; and basically nobody is going to go out and pay a million, over a million dollars for a 7 1/2 acre piece of property to put in a transient motel on the east end of Long Island near Greenport, where the only use permitted is daily travelers coming in and out. If my client wanted to Have strictly a transient motel, my ZBA Hearings • 21 • May 20, 1993 what I have said tonight. I have just tried to summarize it in my oral presentation here. THE CHAIRMAN: I would hate to have you leave here, and I know that this is a-- but unbeknownst to you I have used this as a case in a class that I teach, okay, and it was my understanding, regardless of the presentation, and you bring up a very interesting avenue that you are presenting here tonight in reference to the, the, you know, under the interpretation; but the whole issue of no kitchenettes in this facility to -My knowledge was a SEQRA determination, and it was worked out in between the period of time that the application became a positive neclaration and then there was a mitigation; and that is how we got from 76 to 69 units; but I could be wrong on this, Dick-- MR. HAEFELI ( Interposing) : You are wrong on that, Mr. Chairman. Let me explain to you because I happen to have that right here. I intended, okay --. December 18, 1989, the Planning Board adopted their resolution approving the site plan for this particular applicant. I was present at that There was a discussion at that meeting with reference to prohibiting or not allowing kitchenettes in any of the units . THE CHAIRMAN: That is correct. MR. HAEFELI : I got up; I objected to any reference to kitchenettes in that determination on the basis that the Planning Board in rendering an approval or disapproval on the ZBA'Hearings P2 *(May 20, 1993 site plan could not put a provision of that nature in. The Planning Board agreed with me; they rendered a determination that did not contain any reference to kitchens or kitchenettes . The following day or two days later, the original decision from the Planning Board came out, Paragraph 3, 2 rather: None of the individual hotel units, and they are referring to is as a hotel-- it has always been a motel-- no unit shall have, quote, cooking facilities . I wrote a very vehement letter to the Planning Board. I am a municipal attorney and represent the Village of Westhampton Beach. I was very upset that a decision like this would come out after there had been an extensive discussion before the Board that evening. As a result, a revised determination was given by the Planning Board on December 27th, 1989; the letter sent to you on December 20th had an incorrect version of. the resolution. Please substitute this letter for that one. Paragraph 2 makes reference to stairs; the reference . to cooking facilities was deleted. The Planning Board, neither in its SEQRA determination nor in its granting of a special site plan approval for this particular application made any reference to either approving or disapproving kitchen facilities or kitchenettes or cooking facilities . They could not; they do not have the power to render such a determination. Either the facilities would be permitted or, as we are here today, we are here before this Board for an. interpretation. It is the power o�OgOFFO(,�coG 0 PLANNING BOARD MEMBERS SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman �ij� O`er Supervisor George Ritchie Latham, Jr. Richard G. Ward Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179Id, New York 11971 Kenneth L. Edwards PLANNING BOARD �' V Telephone (516) 765-1938 TOWN OF SOUTHO x (516) 765-1823 14 I993 MEMORANDUM i TO: Gerard P. Goehringer, Chairman and Members of the Zoning Board of Appeals FROM: Valerie Scopaz, Senior Planner U� RE: Appeal No. 4039 by Cliffside Associates Cliffside/Tidemark Motel County Route 48, Southold SCTM # 1000-45-1-1 DATE: July 13, 1993 This is in response to your attached memorandum of June 16th. The memorandum did not state the precise nature of the Zoning Board' s concerns or questions about the portions of Mr. Haefeli' s testimony that were attached: therefore my comments are based on the entire transcript of Mr. Haefeli ' s verbal testimony as well as his written submission. fI wish to preface my observations by noting that since I am not a member of the Planning Board, I will make no comment about its actions as a Board. Those questions in your memo should be addressed directly to them. To begin, a great deal of the testimony revolves around the history of this project which dates back to 1984. If the accuracy of the chronology (and content) of events as recounted by Mr. Haefeli is of concern to the Zoning Board, then you should check his statements against the appropriate files of the Planning Board and the Town Clerk, all of which are public records. However, the central issue is not what happened in the past under the old code but rather under the code during which this project received site plan approval. The Planning Board' s memos of November 1991 and November 1992 cover all the pertinent points. Copies of same are attached for your convenience. Further, the Special Exception decision of November 1989 (Appeal No. 3542) clearly states that the ZBA granted approval for a transient motel with a manager' s unit and 68 motel units. Item No. 5 of that decision states "That it is the understanding of this Board that only the Manager' s Unit will contain kitchen facilities. " A copy of the floor plan that was approved by the Planning Board subsequent to the environmental review and the Zoning Board of Appeals' Special Exception shows no kitchens. A portion of that floor plan is attached. The Building Department' s copy is available for review. The arguments set forth in the written testimony were dealt with at the time the findings statement was adopted and the site plan was approved. I suggest that you contact the Town Attorney about the relevance of the cited cases to this one. While anyone can challenge the logic of a Zoning Code, as Mr. Haefeli is doing now, it is important to remember that the Town has been consistent in its review of this application throughout the entire process of review: the coordinated environmental review of which your Board was part, the Special Exception hearing, and the site plan review. To reverse position at this point would be not only inconsistent, but in violation of the findings statement that was issued pursuant to the State and local Environmental Quality Review Acts. In planning law, the courts have given significant weight to the consistency of a board' s actions with regard to its land use and zoning policies. In closing, keep in mind that the property owner is free to submit another application for a 68 unit resort motel with complete kitchen facilities, which can be reviewed by the Zoning and Planning boards in accordance with the Environmental Quality Review Act. This is not an idle suggestion. For instance, the site plan for the Burger King restaurant is presently going through an environmental review because it is an amended version of the McDonald' s Corporation application for a fast-food restaurant in Mattituck. Another example is the Marina Bay Club proposal in New Suffolk. When the Town changed the Zoning Code in 1989, this project was in the middle of the environmental review. It was determined that the Code changes necessitated revisions to the site plan, which had to be addressed in the environmental impact statement. When the revised impact statement is submitted, the environmental review will proceed. Both of the above examples involved site plans. An example involving a subdivision is the Richmond Creek Farms project in Peconic. A scoping session and draft environmental impact report for this major subdivision were determined to be useless when the developer chose to make major revisions to the subdivision. A second scoping session was held to address the revised application. A new draft impact statement is being written. I hope this information addresses your concerns. Encls. 2=1 RICHARD T. HAEFELI, P.C. ATTORNEY &COUNSELORATLAWJL 4aG MAIN STREET P.O. BOX 1112 WESTHAMPTON BEACH, NEW YORK 1197E 516 - 266-5455 TELECOPIER July 9, 1993 15161 266-5474 Gerard P. Goehringer, Chairman Southold Town Board of Zoning Appeals Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Re: Application of Cliffside Associates Dear Mr. Goehringer: Yesterday I sent a letter to you regarding the public hearing notice and indicated that I was enclosing a copy of the Building Permit Application on which the present appeal was based. By oversight that copy of the application was not included and I am including it at this time and would again ask that it be made part of the record. Very truly yours, i Richazd T. Ha��Gi! RTH:eh Enc. w • !_JARD OF HEALTH FORMN0. 1 3 SETS OF PLANS TOWN OFSOUTHOLD SURVEY BUILDING DEPARTMENT CHECK . . . . . . • TOWN HALL SEPTIC FORM . . . . . . ' SOUTHOLD, N.Y. 11971 " " " TEL.: 765.1802 t:oTIFY ; Examined . . . . . . . . 19 CALL . . . . . . . . . . . . . . . . . . . Approved . . . . . . . . HAIL TO: . . . . . . .. 19 . . . Permit No. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Disapproved a/c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .I . . . . . . , . . . . . . . . . . . 1 (Building Inspector) APPLICATION FOR BUILDING PERMIT Date ...) e'Pi k-. . . .. 199 .1. INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3 ets of plans,accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildin :ation. gs on premises, relationship to adjoining premises or public streets areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- :a o. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit hall be kept on the premises available for inspection throughout the work. I hall have been granted by the Building Inspector.e. No building shall be occupied used in whole or in part for any purpose whatever until a Certificate of Occupancy APPLICATION IS HERE4Y MADE to the Building Department for the issuance of a Building Permit pursuant to the luilding Zone Ordinance o£.the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or tegulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. 'he applicant agrees to comply with all applicable laws, ordinances, building code, horsing code, and regulations, and to dmit authorized inspectors on premises and in building for necessary inspections. (Signature of applicant, or name, if a corporation) (Mailing addreSsgf applicant ;fate whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. . . Jame of owner of premises . .Ifs .-Fe'Tki.) 1. . .• • . . . . . . . . . . . • . . . . . . . . . . . . . . . . . . . . . (as on the to Yoll or latest deed) f applicant is a corporation,signature of duly authorized officer. (Name and title of corporate officer) Builder's License No. . . . . . . . . . . . . . . . . . . . . . . . . . Plumber's License No. . • eKy-,N tJ C� . . . . P . . . . . . . . . . . . Electrician's License No. . r7 . . . . . . . . Other Trade's License No. P P."zI0 C) Location of land on which proposed work will be done. (�1 S ��-/ l _ _ f� NQ i�I. .sl/ , .c=. . . . ._.(.... . . .,. .. . . . . . . . . . . . House N , • C 1 N I /. . .f L�?l)( C. �.�! . . . . . . . . . . . . C [7� J1�P z • xj umber Street Hanilet 1 County Tax Map No. 1000 Section j Block Lot . of Subdivision . . . ?•> . . . . . . . . . . . . . . . . . . . . . Filed Map o. (Nam e) N . . . . . . . . . . . . . . Lot . . . . . . . . . . . . . . . State existing use and occupancy of premises and intended use and occupancy of proposed construction:, a. Existing use and occupancy . . . . . . . . . r • �� . . . . . . . . F occupancy �{ . .. f.•:I• . ... b. Intended use an 1.. NI 5 '�� + 3 Nature of work (check which applrcable): New Building • • • • • • • J Repair • • • Addition . . . . . . . . . . Alteration Removal . • . , , , , , , , , , , , Demolition . . • • • • • . . . . . . . OtherSVork. . . . . . . . 4. Estimated Cost . . . . . 1CQ,) . (Description) , . . Fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5. If dwelling,number of dwelling units . . . . .rU� (to be paid on filing this application) If garage, number of cars • • • • • • • Number of dwelling units on each floor. . . . . . . . . . . . . . . . 6. If business, commercial or mixed occupancy,specify nature and extent of each type of 6 use . . . • • . . • • 7. Dimensions of existing structures,if any: Front . ' • • • ' • • Height . Number of Stories . . . . . . . . . . . . . . . Rear . . . . . . . . . . . . . . Depth . . . . . . . . . . . . . . . Dimensions of same structure with alterations or additions: Front . . . • . . • . • . . . • . ' ' • ' ' ' Depth . . . . . Height . . . . . . . . . . . . . . . . . . Rear . . . . . . . . . . . . . . . . . . 8. Dimensions of entire new construction: Front , , I].j , • • ' ' ' • ' • • Number of Stories . . . . . . . . . Height . . . . . . . • Number of Stories . Rear . . . . ) ?mac , , , , , Depth . . , C�, , • . • 9. Size of lot: Front . Rear . 10. Date of Purchase . . . . : Z � De�th . . . . : . . : : . . . . . . . . . . . . . . 11. Zone or use district in which emises are situated , , ::IN�attm•��e of Former Owner 12. Does proposed construction violate any zoning law, ordina. or regulation: • . r � 13. Will lot be regraded c_ Ab. . . . . . . . 6 . . . . . . . . . . . . . . . . . . �' Will exce s fill be remove from premises: y ks 14. Name of Owner of premises KCiNo Name of Architect _ I1� �f (Address l)� lJ . . Phone No.��b- Address E4 ram.fMYPhone No..� Name of Contractor Iv.-A I. v;, .Address . VOL1 N I 15. Is this property • . `. . . . Phone No.�l pro ert within 300 feet of a tidal wetland? * � - *If yes, Southold Town Trustees Permit may be required. \ No" " " "^" PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and.indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether nterior or corner lot. CJ4 ATE OF NEW YORK, 'UNTY OF . . . . . . . . . . . . . . . . . S.S we named.(Name * • e • * ' ' vidualsigning' • • • • 'contract)• • • • • • • • • • • . being duly sworn, deposes and says that he is the applicant of indi isthe . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Contractor, agent,corporate officer, etc.). . . . . "aid owner or owners, and is duly authorized to perform or have performed the said work and to make and file this lication; that all statements contained in this application are true to the best of his knowledge and belief;and that the k will be performed in the manner set forth in the application filed therewith. 'm to before me this .� day of. . , 19 ary Public,,, / / County r r. rr&rrd slat. of R• - .: :. r `-a rr r ro7. Suaark g��{YuF� i .. . , 1 u4 Ex,Jrus M,u:ch 3J. lyl "_-.+� . . . . . . . r . . ... . . <o (Signature of applicanU /N%Ij RICHARD T. HAEFELI, P.C. ATTORNEY &COUNSELOR AT LAW 48G MAIN STREET P.O. BOX 1112 WESTHAMPTON BEACH. NEW YORK 11978 516 - 288-5455 22 22 R� OPIER July 8, 1993 I D LS � R OW 8-5 4 4 Gerard P. Goehringer, Chairman Southold Town Board of Zoning Appeals Southold Town Hall 53095 Main Road F.O. Box 1179 Southold, New York 11971 Re: Application of Cliffside Associates Dear Mr. Goehringer: I am in receipt of your notice of a public hearing for July 22 relative to the above matter. The notice makes reference to the April 9, 1991 Notice of Disapproval of the Building Inspector as well as the April 25, 1991 Notice of Disapproval. Please note that the application filed with your Board was an application based upon the April 25, 1991 Notice of Disapproval since the April 9 notice was inaccurate. [l On April 9, 1991 a Building permit application for cooking facilities was submitted to the Building Inspector and I'm enclosing a copy of that applieation which I would ask that you make part of the frle. You will note that the application states that the intended use is awe motel and the k° application was to have kitchenette/cooking facilities. �{ t It was based upon the denial of this Building Permit Application that the application was made to =`µ ;, this Board. The original disapproval dated April 9, 1991 by the Building Inspector was inaccurate and issued in error. The application before this Board is based upon the April 25, 1991 Notice of Disapproval k of the Building Inspector. That is the only issue before this Board. �cw Accordingly any reference to the April 9, 1991 notice of disapproval is inaccurate. Very truly yours, Richard T. Ha eli RTH:eh Enc.— /1e0e APPEALS BOARD MEMBERS Jvj yv� ', SCOTT L.HARRIS n t Gerard P.Goehringer, Chairman � � .K� Supervisor a Serge Doyen,Jr. j �; q• r,p" Town Hall, 53095 Main Road James Dinizio,Jr. , v'`',;y P.O. Box 1179 Robert A.Villa Southold, New York 11971 Richard C.Wilton r Fax (516)765-1823 Telephone (516)765-1809 BOARD OF APPEALS Telephone (516) 765-1800 TOWN OF SOUTHOLD MEMORANDUM TO: Valerie Scopaz, Senior Planner FROM: Board of Appeal DATE: June 16, 1993. SUBJECT: Site Plan - Tidemark (Cliffside) 1000-045-01-001 & 003 at Greenport . Please find attached a copy of our May 20, 1993 hearing transcript in which Richard Haefeli, attorney for Cliffside Associates makes reference to discussions (either with the Planning Staff, at informal work sessions or meetings of the Planning Board) concerning the above project during 1987 through 1990 concerning the above-noted site plan files. We would like to at least provide you with an opportunity to furnish whatever input you feel is appropriate for the record concerning Mr. Haefeli 's statements involving the actions of the Planning Board and Staff. Written communications will be accepted for the next two to three weeks. Thank you. GG: lk Attachments (Transcript and Legal Memorandum) v Ff ( C� C �NIC �\ RICHARD T. HAEFELI, P.C. D W24M V ATTORNEY &COUNSELOR AT LAW II J y 48G MAIN STREET I �) P.O. Box 1112 WESTHAMPTON BEACH, NEW YORK 11978 1 516 - 2 8 8-5 4 5 5 TELECOPIER May 21, 1993 15161 288-5474 Gerard P. Goehringer, Chairman Southold Town Board of Zoning Appeals Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Re: Application of Cliffside Associates Dear Mr. Goehringer: This letter is a follow-up to the hearing on this matter which was held last night, May 20, 1993. I'm enclosing herewith six copies of the applicant's memorandum, which is to be included in and made part of the record of the applicant's presentation last night. In addition I would ask that when the matter is rescheduled there be a re-notice of the hearing to reflect the true nature of this application, which is a request for an interpretation as to whether cooking facilities are permitted in a resort motel pursuant to the notice of disapproval of the Building Inspector dated April 25, 1991. Finally, please note that my address has been changed to the above and I would ask that all future correspondence be sent to me at that address. Very truly yours, RTH:eh Enc. MAY 2 41993 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS: -----------------------------------------------------X IN THE MATTER OF THE APPLICATION OF CUFFSIDE ASSOCIATES FOR AN INTERPRETATION MEMORANDUM ----------------------------------------------------------------- RICHARD T. HAEFELI, P.C. Attorney for Plaintiff 48G Main Street P.O. Box 1112 Westhampton Beach, New York 11978 (516) 28&5455 I .i I TOWN OF SOUTHOLD ZONING BOARD OF APPEALS ------------------------------------------X In the Matter of the Application of MEMORANDUM Cliffside Associates for an Interpretation ------------------------------------------X This is an application by Cliffside Associates for an interpretation that cooking facilities/kitchenettes are permitted in a resort motel. It is important for the Board to understand the history of the applicant's attempt to develop this property. When the applicant purchased the property in 1984 it was located in the M-1 General Multiple Residence District. Multiple dwellings, hotels and motels were permitted uses by way of a special exception from this Board in the M-1 district. Shortly after acquiring the property, the applicant filed an application for the construction of multiple dwelling residences on the basis of one unit per each 6,000 square feet of land area, which was the permitted density at that time. On April 9, 1985, while the applicant's proposal was pending, the Town Board amended the provisions of § 100-116 of the Code to increase the density from one unit per 6,000 square feet to one unit per 10,000 square feet. Thereafter the applicant in July of 1986 filed an application with this Board to permit the construction of 76 Motel units as permitted pursuant to the provisions of the Zoning Code. The Zoning Code provisions in effect at the time this application was filed made no reference to kitchenettes or cooking facilities being either permitted or prohibited, but as to hotels it specifically stated that there would be "no provision. . . made for cooking in any room individual or apartment." Motels in the area of the applicant's property built under this Code have cooking facilities so it was considered permitted under this Code. In addition to filing for a special exception, the applicant filed for site plan approval with the Planning Board. The Planing Board in 1986 adopted lead agency status and required the applicant to prepare an environmental impact statement which was finally accepted by the Planning Board in March, 1989. After adopting the final environmental impact statement, the Planning Board required the applicant to reduce the number of units from 76 to 68 and to reduce the size of the units from 850 to 600 square feet. This Board, in its determination granting the special exception, also required that the number of units be reduced to 68, and that they not exceed 600 square feet in size. It is to be noted that the reduction in the square footage of the units was based upon an amendment to the Zoning Code which became effective on July 5, 1989. This amendment was adopted specifically as a result of the applicant's proposal. By the time the applicant received special exception approval from this Board in November, 1989 and site plan approval from the Planning Board in December, 1989 the following changes were made to the Zoning Code; (1) the density for residential units was increased, (2) the Zoning classification of the property changed, (3) new definitions for a motel were adopted, and (4) a limitation was placed on the size of the individual units. It is clear from this brief history that several of the changes which occurred in the Zoning Code, have limited and restricted the proposed uses the applicant intended to put the property to. The applicant is proposing to construct a resort motel on the property and is requesting an interpretation from the Board that cooking facilities and/or kitchenettes are permitted in a resort motel. This application comes to this Board from a notice of disapproval from the Building Inspector dated April 25, 1991, which specifies that a permit was applied for to include kitchenettes in a resort motel. While this Board and the Planning Board have attempted to characterize the applicant's use as a transient motel, it is the applicant and not any agency of the Town of Southold, who has the right to designate the permitted use it intends to put the property to and in this case the M- applicant intends to use the property for a resort motel. This Board's letter to the applicant's attorney on May 4, 1993, refers to the prior special exception record as one for a transient motel. There never was an application for a transient motel as that use is defined under the current Zoning Code. The original application to this Board was filed under the prior Code which did not distinguish between a resort and transient motel and numerous resort motels were built under this definition without the Town making any distinction. At the public hearing on the original special exception, the attorney for the applicant on two occasions referred to the use as a resort motel. Further, this Board in the special exception approval did not refer to or limit the use to a transient motel. Not only has there never been an application under the present Code by this applicant for a transient motel, all of the factors in this case clearly and convincingly establish that the use was, is, and has always been that of a resort use specifically for a resort motel. The applicant's proposal falls squarely within the purpose for the Resort Residential (RR) District set forth in § 100-60 of the Code which states: The purpose of the Resort Residential (RR) District is to provide opportunity for resort development in waterfront areas . . . where because of water and/or sewers, more intense development may occur. . .. The applicant's project meets all of the elements for a resort development as found by the Town Board in adopting § 100-60. The property is large, consisting of 7.13 acres, it has 406 feet of water frontage on Long Island Sound and the applicant has paid $104,135.00 for public water and sewer contracts. The applicant purchased the 7.13 acres of land for $1,135,000.00. If all that the applicant intended was a transient motel, the applicant could have purchased the same amount of land without frontage on Long Island Sound for $30,000.00 an acre or for about $250,000.00 as opposed to $160,000.00 an acre or $1,135,000.00. The size of the units were shown on all plans as being between 850 and 1,000 square feet until July, 1989 when, based on this application, the Code was amended to limit the size to 600 square feet. Even now the units have 2 bedrooms and are substantially larger than the 250-350 square foot rooms provided by transient motels such as Hampton Inn. Further, the site plan as approved provides for access to the beach an amenity referred to in the definition of a resort motel but not a transient motel. The site plan also provides for two tennis courts an amenity found in a resort motel but not in a transient motel. Finally, it is incomprehensible that anyone in the Town of Southold would refer to this project as a transient hotel. The project is located next to the Village of Greenport and abuts the Sunrise Motel, a resort motel, and is 2/10 of a mile east of the Soundview Inn, another resort motel. The traffic generated on the eastern end of the Town would not support a strictly transient motel. The only basis for stating that the proposal is a transient motel is a memo from the Southold Town Planning Board dated October 9, 1989 that the proposal should be treated as a transient motel since a manager unit is provided for and such a unit is permitted in the definition of transient motel. A letter from the then Town attorney dated November 22, 1989 used the same rational as well as the fact that cooking facilities were not shown on the plan to state that it was a transient motel. These conclusions are wrong for the following reasons; (1) as previously stated, prior to February 25, 1989 when the Code was changed, there was no distinction in the Code between transient and resort motels and the applicant's plans from 1986 showed a manager unit. In addition, an owner's or manager's house was built at the Sunset Motel when the prior Code was in effect; (2) since cooking facilities are specifically excluded from a transient motel under the present definition provision had to be made for a manager's unit otherwise there would be no on site manager staying there. On the other hand, since there was no prohibition as to cooking facilities in a resort motel a manager could have a unit without there being any reason to specifically provide for such a unit. Further, if this rational is followed to its logical conclusion, there cannot be a manager at any resort motel and this defies reality since someone has to be present at all hours to welcome guests be they transient or vacation guests. It must be remembered that the definition of a resort motel states it can be used for transients on a daily basis as well as for vacationers. As to the prior Town Attorney's comment that it was a transient motel since no cooking facilities are shown, the ultimate conclusion is that (1) they are permitted in a resort motel and (2) by including them as the applicant has at this time eliminates any claim that the use is a transient motel. It appears that the only reason this Board and the Planning Board are attempting to characterize the applicant's proposal as a transient motel is to avoid determining whether cooking facilities are permitted in a resort motel. The Planning Board in its two memorandums to this Board not only mischaracterizes the use of the property as either a transient hotel or motel as referred to in its -November 19, 1992 determination, or time- share units as it referred to in its November 8, 1991 decision, it further attempts to cloud the issue by comparing the motel density permitted in the RR district with the residential density in the Hamlet Business District and the memo implies that the applicant is proposing a residential use. The proposed use of the property as stated time and again. by the applicant is a resort motel and this Board and the Planning Board must apply the Zoning Code based upon the use presented to it, and not as some illusory possible future use. In (DiMilia v. Bennen; 149 A.D.2d 592), an application was denied by the New York City Board of Standard and Appeals on the basis that the "proposed building would be readily convertible into illegal, non- conforming, two-family homes." In reversing the Board, the Appellate Division, Second Department stated at p. 593 The standard to be applied herein is the actual use of the building in question, not its possible future use. . . . Based upon the DiMilia case this Board is required to consider this application based upon the use proposed by the applicant, that is a resort motel, and it cannot consider the proposal as that of a transient motel or some unfounded use in the minds of the Planning Board and its staff. The Planning Board further makes reference in its memorandums that if the applicant is permitted to install kitchens or kitchenettes it will enjoy a benefit no other resort motel in the Town of Southold enjoys. This statement is factually inaccurate since both the Sunset Motel, which abuts the applicants property on the east and which is a resort motel contains cooking facilities, and within 2/10 of a mile to the west the Soundview Inn, also a resort motel, contains cooking facilities. Finally, the Planning Board's comments cannot be considered by this Board since they not only contain wrong information, but the information is irrelevant to the present application. The present application is for an interpretation of the Zoning Code that cooking facilities are permitted in a resort motel and since the Planning Board submitted no information on this point its comments are irrelevant. See, Mailer ofR&T Realty Assoc. v. Amelkin, 145 A.D.2d 636, 367. Since the applicant is intending to construct a resort motel, and has been denied by the building inspector the right to construct cooking facilities/kitchenettes in the motel rooms, this Board is required to render an interpretation as to whether or not cooking facilities are permitted in a resort motel. Under the definition of a transient motel, cooking facilities are specifically excluded from being available in any unit. A review of the provisions of a resort hotel contains no such restriction and there was no such restriction in the prior Code's definition of a motel. This Board must strictly construe the definition of a resort motel and any ambiguity must be resolved in favor of the applicant. In construing this definition this Board has to take into account the fact that the Town Board at the time it adopted the definition could have included a prohibition against cooking facilities and failed to do so. Had the Village intended to impose such a condition on the exception it could easily have done so. . . . Since zoning regulations are in degradation of the common law, they must be strictly construed against the municipality which has enacted and seeks to enforce them. . . . Any ambiguity in the language used in such regulations must be resolved in favor of the property owner. . . . Allen v. Adami, 39 NY 2d 275, 277. It is clear that the only objection to the applicant's proposed interpretation is the opposition by the Planning Board, which is insufficient as a matter of law to have this Board render a determination that cooking facilities are not permitted in a resort motel. This issue has been before this Board since 1991 which has given the Planning Board more than a sufficient amount of time to make a recommendation to the Town Board to adopt an amendment to the Zoning Code which would specifically exclude cooking facilities in a resort motel. The fact that such a change in the Zoning Code has not been made is proof in and of itself that the Town Board never intended to exclude cooking facilities from a resort motel. • Finally, in determining whether or not cooking facilities are M- permitted in a resort motel, this Board must take into consideration the operation of the other resort motels in the area. In this case that includes the Sunset Motel which has cooking facilities and the Soundview Inn which also has cooking facilities in some of its units. The use of cooking facilities in these two motels clearly establishes that the custom and usage in the Town of Southold is to permit cooking facilities in a resort motel. See, Exxon Corp. v. Board of Standards, 128 A.D.2d 289; 151 A.D.2d 438. CONCLUSION Since cooking facilities were not specifically excluded from the definition of resort motel and were specifically excluded in the definition of a transient motel, as well as the fact that they were permitted in resort motels under the prior Code requires this Board to render an interpretation that cooking facilities are included in a resort motel use. Dated: May 20, 1993 Respectfully submitted Richard T. Haefeli, P.C. 48G Main Street P.O. Box 1112 Westhampton, New York 11978 M i,Y-19-9E WED 16C43 DOU AS P NERRLIN 3163246149 r. na COUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY "ECUTIVE DAVID HARRIS. M-D.. M.P.H. D`pppTMENT DI HEALTH SERVICES Apr, 3 , 1993. COMMWSIONER Douglas p. Herrlin, ArChitect Box 442 East Hampton, NY 11937 Re: Cliffside Tidemark Motel North Road Greenport Dear Mr. Herrlin: _. A recent article in a local newspaper indicates Tidemark is proposing kitchenettes for the project. Please submit for review a revised plan indicating locations and construction details for this aspect of the project, yours truly, 9 .. Robert H. Gerdts Sr. P.H. Sanitarian Housing & General Sanitation PHG/bg cc; Town of Southold Bldg. Dept. I eM1sb M" _. -� ___MeLY-19-93 WED 16 :41 D 0LAS P HERRLIN 316W6146 P. 02 P. ITERRUN Architect Box 443.part Hampton,L.L.Nee York 11937 516r2 R-6178 1 February 1990 Robert H. Gerdts Public Health Sanitarian Housing & Cenral Sanitation Department of Health Services 496 Smithtown By-Pass Smithtown, N. Y. 11787 Re: Cliffside Middle (C.R. 48) Road Greenport, N,Y. Dear Mr. Gerdts: As discussed during our conversation of 19 January 1990, compliance with Items 1 through 3, and Item 5, is described in this letter. Compliance with Item 4, is in the form of the enclosed drawing detailing fire wall junctions with floors, walls and ceilings. Compliance with the remaining items follows: 1. Cellars will be used for project storage. 2. Space heating and cooling, and water heating will be accomplished electrically requiring no fuel storage tanks. 3. Smoke detecting alarm devices will be located at the entrance to all bedrooms. 5. No "pocket" doors will be used as shown at the four and living rooms of Building "B" and Building "C". Additionally, all units will have approved fire extinguishers located within the units. Yours truly, � CrQ'I f-L �r-Doo^u`-gg\la7PHIerrlin. Archit M DPH/pjs Cttc. I �� TOWN OF SOUTHOLD ZONING BOARD OF APPEALS ------------------------------- In the Matter of the Application of MEMORANDUM Cliffside Associates for an Interpretation ------------------------------------------X This is an application by Cliffside Associates for an interpretation that cooking facilities/kitchenettes are permitted in a resort motel. It is important for the Board to understand the history of the applicant's attempt to develop this property. When the applicant purchased the property in 1984 it was located in the M-1 General Multiple Residence District. Multiple dwellings, hotels and motels were permitted uses by way of a special exception from this Board in the M-1 district. Shortly after acquiring the property, the applicant filed an application for the construction of multiple dwelling residences on the basis of one unit per each 6,000 square feet of land area, which was the permitted density at that time. On April 9, 1985, while the applicant's proposal was pending, the Town Board amended the provisions of § 100-116 of the Code to increase the density from one unit per 6,000 square feet to one unit per 10,000 square feet. Thereafter the applicant in July of 1986 filed an application with this Board to permit the construction of 7$ Motel units as permitted pursuant to the provisions of the Zoning Code. The Zoning Code provisions in effect at the time this application was filed made no reference to kitchenettes or cooking facilities being either permitted or prohibited, but as to hotels it specifically stated that there would be "no provision. . . made for cooking in any room individual or apartment." Motels in the area of the applicant's property built under this Code have cooking facilities so it was considered permitted under this Code. In addition to filing for a special exception, the applicant filed for site plan approval with the Planning Board. The Planing Board in 1986 adopted lead agency status and required-the applicant to prepare an environmental impact statement which was finally accepted by the Planning Board in March, 1989. After adopting the final environmental impact statement, the Planning Board required the applicant to reduce the number of units from 76 to 68 and to reduce the size of the units from 850 to 600 square feet. This Board, in its determination granting the special exception, also required that the number of units be reduced to 68, and that they not exceed 600 square feet in size. It is to be noted that the reduction in the square footage of the units was based upon an amendment to the Zoning Code which became effective on July 5, 1989. This amendment was adopted specifically as a result of the applicant's proposal. By the time the applicant received special exception approval from this Board in November, 1989 and site plan approval from the Planning Board in December, 1989 the following changes were made to the Zoning Code; (1) the density for residential units was increased, (2) the Zoning classification of the property changed, (3) new definitions for a motel were adopted, and (4) a limitation was placed on the size of the individual units. It is clear from this brief history that several of the changes which occurred in the Zoning Code, have limited and restricted the proposed uses the applicant intended to put the property to. The applicant is proposing to construct a resort motel on the property and is requesting an interpretation from the Board that cooking facilities and/or kitchenettes are permitted in a resort motel. This application comes to this Board from a notice of disapproval from the Building Inspector dated April 25, 1991, which specifies that a permit was applied for to include kitchenettes in a resort motel. While this Board and the Planning Board have attempted to characterize the applicant's use as a transient motel, it is the applicant and not any agency of the Town of Southold, who has the right to designate the permitted use it intends to put the property to and in this case the applicant intends to use the property for a resort motel. This Board's letter to the applicant's attorney on May 4, 1993, refers to the prior special exception record as one for a transient motel. There never was an application for a transient motel as that use is defined under the current Zoning Code. The original application to this Board was filed under the prior Code which did not distinguish between a resort and transient motel and numerous resort motels were built under this definition without the Town making any distinction. At the public hearing on the original special exception, the attorney for the applicant on two occasions referred to the use as a resort motel. Further, this Board in the special exception approval did not refer to or limit the use to a transient motel. Not only has there never been an application under the present Code by this applicant for a transient motel, all of the factors in this case clearly and convincingly establish that the use was, is, and has always been that of a resort use specifically for a resort motel. The applicant's proposal falls squarely within the purpose for the Resort Residential (RR) District set forth in § 100-60 of the Code which states: The purpose of the Resort Residential (RR) District is to provide opportunity for resort development in waterfront areas . . . where because of water and/or sewers, more intense development may occur. . .. The applicant's project meets all of the elements for a resort development as found by the Town Board in adopting § 100-60. The property is large, consisting of 7.13 acres, it has 406 feet of water frontage on Long Island Sound and the applicant has paid $104,135.00 for public water and sewer contracts. The applicant purchased the 7.13 acres of land for $1,135,000.00. If all that the applicant intended was a transient motel, the applicant could have purchased the same amount of land without frontage on Long Island Sound for $30,000.00 an acre or for about $250,000.00 as opposed to $160,000.00 an acre or $1,135,000.00. The size of the units were shown on all plans as being between 850 and 1,000 square feet until July, 1989 when, based on this application, the Code was amended to limit the size to 600 square feet. Even now the units have 2 bedrooms and are substantially larger than the 250-350 square foot rooms provided by transient motels such as Hampton Inn. Further, the site plan as approved provides for access to the beach an amenity referred to in the definition of a resort motel but not a transient motel. The site plan also provides for two tennis courts an amenity found in a resort motel but not in a transient motel. Finally, it is incomprehensible that anyone in the Town of Southold would refer to this project as a transient hotel. The project is located next to the Village of Greenport and abuts the Sunrise Motel, a resort motel, and is 2/10 of a mile east of the Soundview Inn, another resort motel. The traffic generated on the eastern end of the Town would not support a strictly transient motel. The only basis for stating that the proposal is a transient motel is a memo from the Southold Town Planning Board dated October 9, 1989 that the proposal should be treated as a transient motel since a manager unit is provided for and such a unit is permitted in the definition of transient motel. A letter from the then Town attorney dated November 22, 1989 used the same rational as well as the fact that cooking facilities were not shown on the plan to state that it was a transient motel. These conclusions are wrong for the following reasons; (1) as previously stated, prior to February 25, 1989 when the Code was changed, there was no distinction in the Code between transient and resort motels and the applicant's plans from 1986 showed a manager unit. In addition, an owner's or manager's house was built at the Sunset Motel when the prior Code was in effect; (2) since cooking facilities are specifically excluded from a transient motel under the present definition provision had to be made for a manager's unit otherwise there would be no on site manager staying there. On the other hand, since there was no prohibition as to cooking facilities in a resort motel a manager could have a unit without there being any reason to specifically provide for such a unit. Further, if this rational is followed to its logical conclusion, there cannot be a manager at any resort motel and this defies reality since someone has to be present at all hours to welcome guests be they transient or vacation guests. It must be remembered that the definition of a resort motel states it can be used for transients on a daily basis as well as for vacationers. As to the prior Town Attorney's comment that it was a transient motel since no cooking facilities are shown, the ultimate conclusion is that (1) they are permitted in a resort motel and (2) by including them as the applicant has at this time eliminates any claim that the use is a transient motel. It appears that the only reason this Board and the Planning Board are attempting to characterize the applicant's proposal as a transient motel is to avoid determining whether cooking facilities are permitted in a resort motel. The Planning Board in its two memorandums to this Board not only mischaracterizes the use of the property as either a transient hotel or motel as referred to in its November 19, 1992 determination, or time- share units as it referred to in its November 8, 1991 decision, it further attempts to cloud the issue by comparing the motel density permitted in the RR district with the residential density in the Hamlet Business District and the memo implies that the applicant is proposing a residential use. The proposed use of the property as stated time and again by the applicant is a resort motel and this Board and the Planning Board must apply the Zoning Code based upon the use presented to it, and not as some illusory possible future use. In (DiMilia v. Bennett, 149 A.D.2d 592), an application was denied by the New York City Board of Standard and Appeals on the basis that the "proposed building would be readily convertible into illegal, non- conforming, two-family homes." In reversing the Board, the Appellate Division, Second Department stated at p. 593 The standard to be applied herein is the actual use of the building in question, not its possible future use. . . . Based upon the DiMilia case this Board is required to consider this application based upon the use proposed by the applicant, that is a resort motel, and it cannot consider the proposal as that of a transient motel or some unfounded use in the minds of the Planning Board and its staff. The Planning Board further makes reference in its memorandums that if the applicant is permitted to install kitchens or kitchenettes it will enjoy a benefit no other resort motel in the Town of Southold enjoys. This statement is factually inaccurate since both the Sunsee Motel, which abuts the applicants property on the east and which is a resort motel contains cooking facilities, and within 2/10 of a mile to the west the Soundview Inn, also a resort motel, contains cooking facilities. Finally, the Planning Board's comments cannot be considered by this Board since they not only contain wrong information, but the information is irrelevant to the present application. The present application is for an interpretation of the Zoning Code that cooking facilities are permitted in a resort motel and since the Planning Board submitted no information on this point its comments are irrelevant. see, Matter ofR&T Realty Assoc. v. Amelkin, 145 A.D.2d 636, 367. Since the applicant is intending to construct a resort motel, and has been denied by the building inspector the right to construct cooking facilities/kitchenettes in the motel rooms, this Board is required to render an interpretation as to whether or not cooking facilities are permitted in a resort motel. Under the definition of a transient motel, cooking facilities are specifically excluded from being available in any unit. A review of the provisions of a resort hotel contains no such restriction and there was no such restriction in the prior Code's definition of a motel. This Board must strictly construe the definition of a resort motel and any ambiguity must be resolved in favor of the applicant. In construing this definition this Board has to take into account the fact that the Town Board at the time it adopted the definition could have included a prohibition against cooking facilities and failed to do so. Had the Village intended to impose such a condition on the exception it could easily have done so. . . . Since zoning regulations are in degradation of the common law, they must be strictly construed against the municipality which has enacted and seeks to enforce them. . . . Any ambiguity in the language used in such regulations must be resolved in favor of the property owner. . . . Allen v. Adami, 39 NY 2d 275, 277. It is clear that the only objection to the applicant's proposed interpretation is the opposition by the Planning Board, which is insufficient as a matter of law to have this Board render a determination that cooking facilities are not permitted in a resort motel. This issue has been before this Board since 1991 which has given the Planning Board more than a sufficient amount of time to make a recommendation to the Town Board to adopt an amendment to the Zoning Code which would specifically exclude cooking facilities in a resort motel. The fact that such a change in the Zoning Code has not been made is proof in and of itself that the Town Board never intended to exclude cooking facilities from a resort motel. Finally, in determining whether or not cooking facilities are permitted in a resort motel, this Board must take into consideration the operation of the other resort motels in the area. In this case that includes the Sunset Motel which has cooking facilities and the Soundview Inn which also has cooking facilities in some of its units. The use of cooking facilities in these two motels clearly establishes that the custom and usage in the Town of Southold is to permit cooking facilities in a resort motel. See, Exxon Corp. v. Board of Standards, 128 A.D.2d 289; 151 A.D.2d 438. CONCLUSION M Since cooking facilities were not specifically excluded from the definition of resort motel and were specifically excluded in the definition of a transient motel, as well as the fact that they were permitted in resort motels under the prior Code requires this Board to render an interpretation that cooking facilities are included in a resort motel use. Dated: May 20, 1993 Respectfully submitted Richard T. Haefeli, P.C. . 48G Main Street P.O. Box 1112 Westhampton, New York 11978 �i„f CGe-tr' ',fc- U.5-iY,.. �F✓-qe'-C��L'-L! /�r ,....tLii,._y / !`rY S "1 B _✓�� ,a DEC 29 189 16:26 P. 1 ��FFocKc ; Town Hall, 53095 Main Road P.O. Box 1179 0 Southold, New York 11971 TELEPHONE (516)705.1936 PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 27 , 1989 Henry Raynor 320 Love Lane Mattituck, NY 11952 RE: Cliffside/Tidemark SCTM #1000-45-1-1 Dear Mr. Raynor: The letter sent to you on December 20th had an incorrect version of the resolution. Please substitute this letter for that one. The following action was taken by theSouthold Town Planning Board on Monday, December 18, 198�9 RESOLVED that the site plan of Cliffside/Tidemark Hotel which is composed of the following: a site plan (Dated aS.. received by the Planning Board on October 13, 1989) and a drainage plan (dated as received by the Planning Board on November 30, 1989) and a floor plan (dated as received by the ' i Planning Board on December 7, 1989) , be approved. The following conditions are included in this approval: 1. None of the individual hotel units may exceed the square footage noted on the attached floor plans ` (Dated as received by the Planning Board on December 7, 1989) of this approved site plan. 2. The stairs' down the face of the bluff are NOT included in this approval. A separate amended application for approval for the stairs will have to be made once the appropriate permit is obtained from the Bureau of Marine Habitat Protection of the New York State Department of Environmental Protection. -- --------- --- -------------- ------------------ DEC 29 189 16:27 P.2_ RESOLVED that the Chairman be authorized to sign the site plans onto which the aforementioned conditions have been attached. Enclosed please find a copy of the endorsed plan for your records. if you have any questions, please do not hesitate to. contact this office. e truly you , Jr. Bennett Orlowski, Chairman enc. cc: Building Department Assessor's Office vs • ��FFO(h-�o z � Town Hall. 53095 Main Road d ? P.O. Box 1179 Southold. New York 11971 TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 20, 1989 Henry Raynor 320 Love Lane Mattituck, NY 11952 RE: Cliffside/Tidemark SCTM #1000-45-1-1 Dear Mr. Raynor: The following action was taken by the Southold Town Planning Board on Monday, December 18, 1989. RESOLVED that the site plan of Cliffside/Tidemark Hotel which is composed of the following: a site plan (dated as received by the Planning Board on October 13 , 1989) and a drainage plan (dated as received by the Planning Board on November 30, 1989) and a floor plan (dated as received by the Planning Board on December 7 , .1989) , be approved. The following conditions are included in this approval: 1. None of the individual hotel units may exceed the square footage noted on the attached floor plans (Dated as Received by the Planning Board on December 7, 1989) of this approved site plan. 2. None of the individual hotel units shall have "cooking facilities" . 3 . The stairs down the face of the bluff are NOT included in this approval. A separate amended application for approval for the stairs will have to be made once the appropriate permit is obtained from the Bureau of Marine Habitat Protection of the New York State Department of Environmental Protection. RESOLVED That the Chairman be authorized to sign the site plans onto which the aforementioned conditions have been attached. Enclosed please find a copy of the endorsed plan for your records. If you have any questions, please do not hesitate to contact this office. Ve truly yours, fd o slci;�Jr. Chairman enc. cc: Building Department Assessor' s Office vs � Y PUBLIC HEARING BOARD OF ZONING APPEALS TOWN OF SOUTHOLD May 20, 1993 (7: 30 p.m. Hearings Commenced) P r e s e n t HON. GERARD P. GOEHRINGER, Chairman SERGE DOYEN, Member JAMES DINIZIO, JR. , Member ROBERT A. VILLA, Member RICHARD C. WILTON, Member LINDA KOWALSKI, Clerk-Assistant to Board ZBA H.eari6gs 14 , May 20 , 1993 APPLICATION NO. 4039 - CLIFFSIDE ASSOCIATES INC. (Owner) . Appeal of the April 25, 1991 Notice of Disapproval from the Building Inspector, citing " . . .Article III, Section 100-13 - Definition Section of the Zoning Code pertaining to "hotel or motel transient, which says in part that there will be no cooking facilities . " The subject premises previously had received a Special Exception Under Appl . No. 3542 for motel units without maps or plans before the Board for individual kitchenettes or dwelling uses . (The Special Exception use did not include approval for kitchenettes or dwelling uses) . Location of Property: 61475 C.R. 48, Greenport, NY; County Tax Map Parcel No. 1000-045-01-001 and 002 (now 2 . 1) , containing approximately 7 .5 acres . 7 :45 p.m. (The Chairman opened the hearing and read the Legal Notice and application for the record. ) THE CHAIRMAN: What I have before me is basically the entire file of the original hearing. I have before me a copy of the Building Permit dated November 21, 1989, in behalf of Kenneth Tedaldi, who is the owner of the premises; and the remaining data that is required there. Mr. Haefeli, how are you tonight? So nice to see you again. Appearance: Richard Haefeli, Esq. , for the Applicant MR. HAEFELI : And it is so nice to be out here again on a Thursday night. The first thing I am going to do is r ZBA Hearings • 15 •May 20, 1993 apologize to the Board because I had prepared a memorandum for each member of the Board. I left the office at six-thirty and I forgot to bring one other than the one copy that I have. THE CHAIRMAN: That's fine. MR. HAEFELI : What I will do is, I will give this to the Board after I complete my presentation tonight, and I will make sure the balance of the copies get out here tomorrow or the next day. The purpose of the memorandum was to put into detail what the position of the applicant is in this particular case, and which I will highlight to the Board at this particular time. The first thing I want to do is, I think we have a problem as far is the notice is concerned, Mr. Chairman, because the notice that was advertised was for a hotel "transient. " The notice of denial I have in my file is dated April 25, 1991, and was disapproval of a hotel or motel "resort. " I think that is probably one of the issues involved in this entire case, and I want to make sure it is clear and on the record that what the applicant is proposing is not a transient motel because it is absolutely clear in the definition of a transient motel that cooking facilities are not permitted. What we have here is a resort motel which does not contain such an exclusion, and that is what the application is before this Board, to render an interpretation as to whether or not cooking facilities are permitted in a resort hotel . ZBA Hearings • 16 y 4a 20, 1993 I would like to just briefly give a little background on this case. My clients acquired this piece of property by purchasing two separate pieces of property in 1984 for $1, 135,000. Right after they acquired the property, they made an application to the Town to build residential condominiums on there on the basis of one unit per 6,000 square feet of area, which is what the density requirement was at that particular time. Several months after that application was made, the Town Board amended the density requirement for residential condominiums and changed it from one unit per 6,000 to one unit per 10,000 square feet. After that, the applicant then made an application both to this Board and to the Planning Board in 1986 for approval for seventy-six unit motel complex as that term was defined under the Code in effect in 1986 . The Planning Board decided that it was an action that required an Environmental Impact Statement; and between 1986 and March of 1989, the Impact Statement process was in place; and in March of 1989 the Planning Board adopted a resolution adopting the Environmental Impact Statement. Shortly thereafter, and by the way during this entire period of time the plans that were shown, submitted and worked upon --both this Board had (word inaudible) so I am not talking about this Board-- by the Planning Board showed units that would have a size of about 850 square feet. After the March 1989 determination under the Impact Statement, the Planning Board made a recommendation to ZBA Hearings , 17 • May 20, 1993 , the Town Board based upon this application by this applicant to reduce the size of motel unit from 800-what we had down to 600 square feet. That adoption change was made to the Zoning Code, I believe it was in July of 1986, ' 89, I am sorry. And November of 1989 this Board rendered its determination granting a special exception. The copy of that is in the file. In addition to that, in December of 1989 the Planning Board granted site plan approval with respect to this application. Now in February of 1989 the Zoning Code was changed, and new definitions for motel were included in the Code. The old definition of motel, I want to emphasize, did not make any reference to cooking facilities. The old definition for a hotel made reference to the fact that if you had a hotel, you couldn't have, the individual units could not have cooking facilities. In February of 1989 the two new definitions were put in place. One was for a resort hotel; the other was for a transient hotel . The definition for a resort hotel provided for guests on either a transient basis, day-in and day-out, or for vacationers. In adopting the --in addition to that, there is, the Town rezoned this property from, I believe it was M-1, which permitted Motels, to RR. Motels are still permitted in this particular zone. In adopting that change to the Code, the Town Board in Section 160 said the purpose of a resort residential district is to provide opportunity for resort development in waterfront areas because of the availability of basically, I think they mean public water ZBA Hearings • 18 Oay 20, 1993 and sewer. We have 406 feet of frontage on Long Island Sound. We have 406 feet of beach frontage on Long Island Sound. In 19, I believe it was 1986, we entered into a contract with the Village of Greenport for public water and public sewer. We paid $104,000 to the Village for both of those, for the installation of both the public water and public sewer. Those contracts are still in effect. I am making reference to this because I want to emphasize there were several memorandums in this file from the Planning Board --that what is being proposed here, has always been proposed and it will continue to be proposed, is a resort motel and not a transient motel . We purchased seven and a half acres of property on Long Island Sound. We have the public water and the public sewer which will permit us to have the density we have for this type of a project. We have -- The project as originally proposed showed two-bedroom units, as approved showed two-bedroom units of 600 square feet. Anybody who goes to a transient motel like a Hampton Inn, the size of those units is 250 to 350 square feet. We have, as I said 406 feet of beach front. We are proposing two tennis courts; and basically nobody is going to go out and pay a million, over a million dollars for a 7 1/2 acre piece of property to put in a transient motel on the east end of Long Island near Greenport, where the only use permitted is daily travelers coming in and out. If my client wanted to have strictly a transient motel, my ZBA Hearings • 19 *ay 20, 1993 . client could have purchased another piece of property in the area similarly zoned not on Long Island Sound for substantially less money back in those days in the area of $30,000 or $40,000 an acre or a total price of $250,000 . In addition to that, in this immediate area are two other resort motels . Sunset Motel is abutting the property on the east. our easterly property line and the Sunset Motel abut. Within two-tenths of a mile to the west of this project is the Soundview Inn, which is also a resort motel . The memos by the Planning Board concern themselves with making a comparison between the density for a motel in this district and the density for residential uses in other districts . It is irrelevant to the application before this Board. The only consideration before this Board at this point in time is whether or not the definition of resort hotel, motel, I am sorry, permits cooking facilities . It is the position of the applicant that you must strictly construe the ordinance. If there is any ambiguity in the ordinance as to what its meaning is, you must construe that in favor of the applicant. As I previously mentioned to you, the definition of motel made prior to 1989 did not contain any reference to cooking facilities . Yet numerous motels in this community have been built under that Code containing some sort of cooking facilities. • ZBA Hearings • 20 aY 20 1993 Had the Town Board, when they adopted the change in the Code in 1989, wanted to exclude cooking facilities from a resort motel, they could have inserted those words into the Code, such as they did for transient motel . In addition to that, the opposition by the Planning Board over the last several years --they could have-- this particular application, I emphasize-- has been pending since 1991. The Planning Boards from 1991 to the present time could have made a recommendation to the Town Board to change the definition of a resort hotel to specifically exclude cooking facilities. Either, if recommendation was made, all I know, is as of today the Town Board has not not made or adopted any change in the definition of a resort hotel to exclude cooking facilities . I think that goes a long way in considering, in determining the fact that the Town Board never intended to exclude cooking facilities from a resort motel . As I mentioned to you, the two other motels have cooking facilities in them. Basically what my client is saying: We want to be on the same level playing field to attract the resort person to this community as they are and have the same facilities that the other resort motels in this area have. And that is really the basis of my application. As I said, I will hand up this copy, and I will get the rest delivered to you tomorrow, which goes into much more detail of ZBA Hearings • 21 •May 20, 1993 what I have said tonight. I have just tried to summarize it in my oral presentation here. THE CHAIRMAN: I would hate to have you leave here, and I know that this is a-- but unbeknownst to you I have used this as a case in a class that I teach, okay, and it was my understanding, regardless of the presentation, and you bring up a very interesting avenue that you are presenting here tonight in reference to the, the, you know, under the interpretation; but the whole issue of no kitchenettes in this facility to my knowledge was a SEQRA determination, and it was worked out in between the period of time that the application became a positive neclaration and then there was a mitigation; and that is how we got from 76 to 69 units; but I could be wrong on this, Dick-- MR. HAEFELI ( Interposing) : You are wrong on that, Mr. Chairman. Let me explain to you because I happen to have that right here. I intended, okay -- . December 18, 1989, the Planning Board adopted their resolution approving the site plan for this particular applicant. I was present at that meeting. There was a discussion at that meeting with reference to prohibiting or not allowing kitchenettes in any of the units . THE CHAIRMAN: That is correct. MR. HAEFELI : I got up; I objected to any reference to kitchenettes in that determination on the basis that the Planning Board in rendering an approval or disapproval on the ZBA Hearings 22 *ay 20, 1993 site plan could not put a provision of that nature in. The Planning Board agreed with me; they rendered a determination that did not contain any reference to kitchens or kitchenettes . The following day or two days later, the original decision from the Planning Board came out, Paragraph 3, 2 rather: None of the individual hotel units, and they are referring to is as a hotel-- it has always been a motel-- no unit shall have, quote, cooking facilities . I wrote a very vehement letter to the Planning Board. I am a municipal attorney and represent the Village of Westhampton Beach. I was very upset that a decision like this would come out after there had been an extensive discussion before the Board that evening. As a result, a revised determination was given by the Planning Board on December 27th, 1989; the letter sent to you on December 20th had an incorrect version of the resolution. Please substitute this letter for that one. Paragraph 2 makes reference to stairs; the reference to cooking facilities was deleted. The Planning Board, neither in its SEQRA determination nor in its granting of a special site plan approval for this particular application made any reference to either approving or disapproving kitchen facilities or kitchenettes or cooking facilities. They could not; they do not have the power to render such a determination. Either the facilities would be permitted or, as we are here today, we are here before this Board for an interpretation. It is the power ZBA Hearings • 23 41ay 20, 1993 of this Board to render Interpretations . It is not the power of the Planning Board. The Planning Board has no authority to render an interpretation. The Planning Board can only impose the conditions set forth in the Code. If you would like copies of these two --I think you have them, but I would be more than happy to give them to you. BOARD ASSSISTANT-CLERK: There is a letter in the folder from the Health Department that says that they did not approve kitchenettes under the site plan. THE CHAIRMAN: Well, that is my concern because that 's what precipitated -- MR. HAEFELI (interposing) : There is a letter from the Health Department in 1991, okay. I have the answer to that, I hope, if you will bear with me for a second. Now, it is my understanding, there is a letter in the Health Department that said a recent article in the local newspaper indicates Tidemark (phonetic, no spelling supplied record) is proposing kitchenettes for the project. Please submit for review a revised plan indicating locations, construct in detail, for this aspect of the project. That was signed by a Robert H. Gerdts, Sr. , PH Sanitarian, Housing and General Sanitation. I saw that the other day when I reviewed the file. I spoke with the architect that that letter was directed to Mr. Herlin (phonetic) . Mr. Herlin advised me that Mr. Gerdts is employed by the Health Department and he does inspections for the Health ZBA Hearings • 24 4ay 20, 1993 Department with respect to Fire Code violations and construction aspects, but not as to other aspects . BOARD ASSISTANT-CLERK: Do you have an approval from the Health Department on kitchenettes? MR. HAEFELI (interposing) : For what? I don't need kitchenettes . I have an approval from the Suffolk County Department of Health Services for the water and sewage coming into the project, yes, I do. BOARD ASSISTANT-CLERK: Do you have any approvals for anything-- MR. HAEFELI (interposing) : From the Health Department? BOARD ASSISTANT-CLERK: Yeah, on the cooking or any other agency? MR. HAEFELI : You don't need it. BOARD ASSISTANT-CLERK: You don't need it? THE CHAIRMAN: Because of the sewer. MR. HAEFELI : We have public water-- MEMBER DINIZIO: Was the Village aware when you were going to contract with them that you were going to have kitchenettes in these units? MEMBER DINIZIO Was the Town aware or the Village of Greenport aware when you were going to contract with them that you were going to have kitchenettes? ZBA Hearings • 25 •May 20, 1993 MR. HAEFELI : I have no idea. That didn't come up. I don't think that' s an issue in this case. THE CHAIRMAN: Let's just-- THE CHAIRMAN: Let's just put this back in perspective here, okay. Before we go any farther here, you know, because-- MEMBER DINIZIO: We are not considering Sunset. We are not considering any other motel but Cliffside, Tidemark-- MR. HAEFELI (interposing) : But you are asking me what is in the mind of a municipal official in 1986 when we signed the contract-- MEMBER DINIZIO: No, I asked you whether they were aware-- MR. HAEFELI (interposing) : I have no idea whether they were aware. MEMBER DINIZIO (continuing) : You said no, that is an answer. THE CHAIRMAN: Let' s go back back one second, gentlemen, okay? Somewhere between --I thank you for these memos by the way. I know they are in the file--. This is three files right here plus we have three more files back in the office, ok. We have voluminous files . Somewhere in between this letter, these letters,. okay, of which there was a change between December 20th and December 27th, okay, which -- BOARD ASSISTANT-CLERK: What year is that? ZBA Hearings • P6 *ay 20, 1993 THE CHAIRMAN: 1989 . When the issue of cooking facilities came about and you asked them to strike that from their original decision-- MR. HAEFELI (interposing) : It never got into the decision. It was a discussion prior to the decision. That's all I am trying to say to you. THE CHAIRMAN (continuing) : This says action taken-- MR. HAEFELI (interposing) : That' s correct. I was at the meeting. They discussed the resolution. They had not adopted the resolution. They said what their proposal was . I got up and objected. Once a resolution is made, it is very difficult to object. I did it before. THE CHAIRMAN (continuing) : Okay. Now, sometime subsequent to that, or prior to that, okay, in either the SEQRA determination or a discussion not with you, okay, but with either Mr. Raynor or Mr. Wetmore at the time, okay, there was the elimination of kitchen facilities, regardless of what zone it was in or whatever the case might be, because Henry Raynor faxed to me, all right, and we then had to make a decision if we were permitted to put in these particular units, okay, a sink, externally from the kitchen, a coffeepot and a refrigerator as one unit, okay; and he faxed that to me. All right, and I would assume in the best of my recollection that was the summer of 1990, which was subsequent of course to December 20, Decem- ZBA Hearings • 27 •May 20, 1993 ber 27, 1989 . All right. It was then, in that summer, when they had anticipated the construction of these, well after the SEQRA determination was mitigated, and well after everything was done, and our decision blah-blah-blah. I know we were in a new zoning code at that time, that Mr. Wetmore called and said that the reason, the main reason, okay, for this was that they were having trouble securing bank financing on this project because it did not include kitchens . All right. That is what he had told me. BOARD ASSISTANT-CLERK: Yes, he had told me the same thing, in other conversations . THE CHAIRMAN: Now I have had subsequent discussions to 1990 with Mr. Wetmore. I have not had any necessary that I can recollect with Mr. Raynor and I realize that Mr. Wetmore is not necessarily an agent in this particular situation-- MR. HAEFELI : Not to my knowledge, not since these decisions . THE CHAIRMAN: What we are going to have to do here, Dick, in all fairness to you: We are going to have to recess this. We are going to have to sit down with the Planning Board and find out exactly when this kitchen situation was removed -- because I am almost positive that it was removed during the SEQRA negotiations; and, you know, there had to be a mitigation from 76 to 69 units-- ZBA Hearings • 28 tay 20, 1993 MR. HAEFELI : I am saying --What was the mitigation? The size of the project was too big. The buildings were too big. It obstructed the view. I didn't bring all that with me tonight. But if you want me to, in ten minutes I can find you mitigation. I 'm not sure you have that. Those were the basic reasons for it. And, remember, at that point in time, when the SEQRA determination came down, the size of the units were 850 square feet, all right. They were concerned about the size. As a result of this, and I am saying as a result of this application, the Town Board adopted a change, reduced the size of the units down to 600 square feet. THE CHAIRMAN: Which they ended up being. MR. HAEFELI : They reduced, they told us, because of the size for the impact you have to reduce the number --we were entitled to 76 . The Planning Board could not normally reduce the number down; but under SEQRA Planning Boards can do a lot of things, and they told us we had to reduce the number down to 68 units, which is what we did; and I emphasize to you, there was no determination made by any board with reference to kitchen/kitchenettes, and the reason I say that is very simply before February of 1989 in this Town you could put a motel in and you could put kitchenettes in, without any question. In 1989-- BOARD ASSISTANT-CLERK: I am not sure. We would have to get the old Code to doublecheck. ZBA Hearings • P9 'Ray 20, 1993 THE CHAIRMAN: Yeah, see, that is what my concern is-- MR. HAEFELI (interposing) : Well, the old Code makes no reference to it. BOARD ASSISTANT-CLERK: I think it does . It had an amendment to-- MR. HAEFELI (interposing) : I have it right here-- THE CHAIRMAN: See, -Dick, what the problem is-- MR. HAEFELI (continuing) : A motel - a building containing guest rooms, each of which-- BOARD ASSISTANT-CLERK: What is the date it was amended though? 188 or ' 89? Because they have an amendment. MR. HAEFELI : This would be ' 85. BOARD ASSISTANT-CLERK: No, there is an amendment --in 1988 that defines it. MR. HAEFELI : What? BOARD ASSISTANT-CLERK: Transient and resort. MR. HAEFELI : That is the new code. BOARD ASSISTANT-CLERK: No, that is 189 . I am talking about before that there was an amendment, before that. So I am not sure what you are saying is correct. MR. HAEFELI : Well, until ' 85. BOARD ASSISTANT-CLERK: I 'm talking about after 85 (and before 89 ) . MR. HAEFELI :Up until ' 85, ' 86 when our application was started, -- ZBA Hearings • 30 Way 20, 1993 BOARD ASSISTANT-CLERK: ' 87 . MR. HAEFELI (continuing) : 187, this is the definition in effect. BOARD ASSISTANT-CLERK: But we made a decision in 1989 when the new law was in effect. MR. HAEFELI: You made a decision under the new Code. My point is we proceeded for three and a half years under a code that was in effect. The code was changed in February. After the Code was changed, these other factors came into play; and what I am saying to you is - we have a resort motel . What application is before this Board tonight is simply an application: Does a resort motel allow kitchen cooking facilities or does it not? And I am saying to you, based upon everything I have submitted, a resort motel allows cooking facilities as opposed to a transient motel. BOARD ASSISTANT-CLERK: I had one thing-- THE CHAIRMAN: Could you wait one second and I ' ll be right with you. THE CHAIRMAN: The problem I have is that we work on a building block system, okay? And we do have an outstanding decision on this application, okay? And I would rather put that all back in perspective, because I had no idea --I thought you were just addressing the specific issue tonight, of what the interpretation was. ZBA Hearings • 31 •May 20, 1993 BOARD ASSISTANT-CLERK: Well, that is what I believe he is doing. MR. HAEFELI : No, I am not doing that. I am asking-- BOARD ASSISTANT-CLERK: He is asking us to interpret what the Planning Board said. MR. HAEFELI : To be honest with you, I thought the rider to my application pretty well -- I am addressing an issue, does, we have a resort motel. You have a definition in your Code of a resort motel . BOARD ASSISTANT-CLERK: Wait. Before you get to that, I advertised it for transient for one reason. Can I explain it please? MR. HAEFELI : Go ahead. BOARD ASSISTANT-CLERK: The reason I did is because their file, this special exception file, shows that there was a manager' s unit, and only the transient motel provides for a manager' s unit. It is not provided under resort motel, so that is why it was advertised that way-- MR. HAEFELI (interposing) : I understand what you did, but I am saying that we had a denial in April of ' 89 -- 190?-- from the Building Inspector which started the ball rolling here, and that denial was on a resort motel . BOARD ASSISTANT-CLERK: Because you were asking for resort. But at the time you had transient. ZBA Hearings • 32 �ay 20, 1993 MR. HAEFELI (interposing) : It never has been. There has been an inference by certain people in the Planning Board that because you have a man-- and I cover that in my memorandum, that because you have a manager' s office or manager's apartment in a resort motel in this complex, and it specifically says you can have one in a transient motel, it automatically means this has to be a transient and it is not a resort motel . BOARD ASSISTANT-CLERK: There is one more reason-- MR. HAEFELI (continuing) : The small and simple answer to that is you don't need to specify having a manager' s apartment in a resort motel because cooking facilities would be permitted. A transient motel excludes cooking facilities. A transient motel has to have a provision in there for a manager who is going to be there all the time. As I say in my memorandum, the logical conclusion of that thinking is that a transient motel can have an on-site manager 24 hours a day, but a resort motel cannot. And any motel that is open to the public has to have somebody there all of the time. THE CHAIRMAN: Okay. Listen, if what you are saying is correct to the best of everybody' s ability, okay-- MR. HAEFELI : Going back to 184 . That is a long time. THE CHAIRMAN: If that is the case, all right, then there is certainly a little. more credence to the fact that regardless of how the decisions came about, there is an inertia, okay, in my particular opinion, okay, toward the feeling that ZBA Hearings 33 •May 20, 1993 you are perpetuating. All right. However, I cannot, I am totally negating that at this point until I have the building blocks of where we are to the point of 1991 or at least the hearing that has been held up ever since. BOARD ASSISTANT-CLERK: With the Planning Board especially because we don't have everything-- THE CHAIRMAN (resuming) : So it necessitates me, all right, because this is the way we work, all right, to really get together with them and discuss with them how we got to this particular point, because there are at least three members on that Board who were there at the time, all right; and that is Richie Latham, Dick Ward, and Benny Orlowski . So let me do that, and then we will get back to you. And we will reschedule this and complete the whole thing. MR. HAEFELI : That' s fine. BOARD ASSISTANT-CLERK: Anything you have in the meantime, you can--. THE CHAIRMAN: Then give me the stuff you have. MR. HAEFELI : I have a memorandum which I will send to you. THE CHAIRMAN: Okay, and we will read that, and then we will get back to you, okay? MEMBER VILLA: I have a question that might come up in here too. THE CHAIRMAN: Surely. ZBA Hearings • 34 gay 20, 1993 MEMBER VILLA: I don't know if it is pertinent to the interpretation, but when the plans were filed, did they show any signs of kitchens in these units? MR. HAEFELI : When they were originally filed, no. We have a building permit for what is there. We have now applied, filed for an amended plan. MEMBER VILLA: That is why I asked this for the simple reason that you say you have contracts that are in effect with Greenport. MR. HAEFELI : Yes . MEMBER VILLA: They're in effect for a certain amount of flow. The Health Department would be concerned on this if the plans change, in other words, if you come back with plans that show kitchenettes, that generally changes the flow criteria per unit. MR. HAEFELI : You are right, but we had a flow criteria for units in excess of what we have. MEMBER VILLA: I 'd be interested to know if the contract with Greenport would cover the flow you are talking about with kitchenettes, because if it doesn't, you might have to renegotiate; and I don't know if they are in a position, what with their plan and capacity and everything else, to be able to take the extra flow. BOARD ASSISTANT-CLERK: Just let me turn the tape please. ZBA Hearings. • 35 May 20, 1993 THE CHAIRMAN: Bob, I am not taking anything away from your question, all right? Because we are still trying to wrestle with the idea of how we got -- MEMBER VILLA: I realize that, but, you know, the presentation was made that he has got these contracts that are in effect, and I just question as to whether they would still be valid or not if the flow changes . That's all . MR. HAEFELI : Do you have a copy of the contracts in the file? They are there. MEMBER DINIZIO: Right here, but there is no indication of kitchenettes. MR. HAEFELI : It says 76 units, two times two and a half people a unit times a hundred equals 19 gpd. MR. HAEFELI : Again, I really want to be sure this Board understands what I am here for tonight. We have an approval . We have a plan. We have a Building Permit. I think people are entitled to amend Building Permits . Otherwise, we would be -- We amended the permit to ask for kitchenettes . We were denied by the Building Inspector. I am coming in to this Board because we have a resort motel and I want this Board to say "yes, they are permitted in the resort motel district, " or "they are not permitted. " That is the issue before the Board tonight. MEMBER DINIZIO: That is the only answer you want? MR. HAEFELI: That is the answer. ZBA Hearings • 36 •May 20, 1993 THE CHAIRMAN: Yeah, but it's not really a generic answer, okay, because it really concerns this particular motel unit. It is not necessarily-- MR. HAEFELI (interposing) : Mr. Chairman, in all due respect to you, unless there is a condition --and there is no condition-- in the Planning Board with reference to that; I have explained to you exactly what took place and I have given you the two copies of it. THE CHAIRMAN: I have to read the SEQRA determination, Dick before that. I apologize, but I got to- . MR. HAEFELI : There is nothing to my knowledge, and I haven't read that in six years, but there is nothing in the SEQRA determination that has anything whatsoever to do with the issue before you. Your code either permits it or doesn't permit it. And if it doesn't permit it, fine. And I am saying to you that it does, based upon everything that I have submitted; and you can't make a determination otherwise. BOARD ASSISTANT-CLERK: What about the manager' s unit though? Suppose the Board says the kitchen or cooking facilities and kitchenettes are allowed in the motel units . MR. HAEFELI : Yes. BOARD ASSISTANT-CLERK: A manager' s unit would be another use on the property. MR. HAEFELI : That has been approved. ZBA Hearings • 37 •May 20, 1993 BOARD ASSISTANT-CLERK: Well, that has been approved based on the map you submitted, not the 1991 map. That was approved on the transient category by the Board-- MR. HAEFELI (interposing) : No, no. There has never been a transient motel approval under the definition in your Code as it stands today by any Board. BOARD ASSISTANT-CLERK: In your opinion. MR. HAEFELI : No. Okay, fine, in my opinion, and I am the attorney, yes . In my opinion there has not been. BOARD ASSISTANT-CLERK: Okay. MR. HAEFELI : We never made an application for -- Nobody in his right mind would ask for a transient motel out there and spend all that money for a transient motel. Why would a person put a motel up there? To attract people in the summer, vacationers . That 's the purpose of it. That whole strip of land is all resort, between the hotels, the condos and the other buildings there. And, Mr. Villa, the answer to your question in all honesty is, that could become a problem as, when and if --and I don't think it is-- but if it is a problem, it becomes a problem at the point in time when we get to there. We haven't gotten to that point. MEMBER VILLA: Okay. You brought it up so I just questioned it. MR. HAEFELI : I wanted to make sure you knew we had contracts . ZBA Hearings • 38 lay 20, 1993 MEMBER DINIZIO: I see something in there that I don't particularly think that you are saying to us, you are saying to me, that you have approvals, okay, for what you are asking us for. MR. HAEFELI : That' s correct. MEMBER DINIZIO: And you have gone through the Village of Greenport and got approvals. But now you are not so sure. MR. HAEFELI : What do you mean? I am sure. I am saying to you, I have an approval, I have a contract-- Excuse me? MEMBER DINIZIO: I would like to speak if you don't mind, and then you can answer my question. MR. HAEFELI : Okay. MEMBER DINIZIO: You are saying to us, this is what I hear, that you would like to have kitchenettes in a resort motel Tidemark, that you have gone through, you have approvals from the Village of Greenport, okay, for such. Yet when I ask you a question: Did you have kitchenettes in the plans when you applied for them? You said "No. " MR. HAEFELI : No, we didn't have plans because we had --in 1986 we had plans that were somewhat different from the plans that were finally approved. We had plans for 76 units of between 900 and a thousand square feet versus 68 units at 600 square feet-- MEMBER DINIZIO: With kitchen. MR. HAEFELI : I 'm sorry. ZBA Hearings • 39 •May 20, 1993 , MEMBER DINIZIO: With kitchens? MR. HAEFELI : No. I am not sure, to be very honest with you, and I don't have the answer to this-- I 'm not sure a plan --which you are talking about as far as a plan-- when I was up here a minute ago. I am not sure that was ever given to the Village of Greenport. When we negotiated with the Village of Greenport, we said: "This is what we want. " And they said, "This is what you have to do. " So I am not going to either represent one way or the other; but this is going back a number of years-- I don't know whether or not we gave what you are talking about as far as a plan goes, which is a diagram, because I don't think we had them back then. BOARD ASSISTANT-CLERK: We don't have the same plan in our file. MEMBER DINIZIO: I am just saying you represented to me basically that you went to the Village of Greenport, said that what you are asking us for, they agreed with. Now basically you are saying, really, maybe that isn't so. MR. HAEFELI : No, that is not what I am saying. Look, I am saying all I am asking you to do is look at your Code and see whether it is Tidemark or the one down the street, or anyone else that is in the RR District, and is making an application for resort motel, are they entitled to kitchenettes? Does the Code permit kitchenettes? That is the only question I am asking you to resolve. ZBA Hearings • 40 Qy 20, 1993 MEMBER DINIZIO: Are they entitled to apply to all agencies for resort motel? You certainly are. I have absolutely no problem for you to apply to all agencies for resort motel with kitchenettes. No problem. MR. HAEFELI : What does that have --You don't have a problem with that? MEMBDR DINIZIO: Absolutely no problem whatever. BOARD ASSISTANT-CLERK: Making his application. MEMBER DINIZIO: I have no problem whatsoever with you making those applications . MR. HAEFELI : That' s all I am asking is, what does it mean, what does the meaning in resort motel mean? Does it mean because you can't have them in the transient, can you have them in the other? That is the only question before you. MEMBER DINIZIO: I agree. BOARD ASSISTANT-CLERK: You were talking about other agencies that you went to, and you are tying that into this interpretation, right? MR. HAEFELI : What do you mean? No. I am not tying that in. I gave a history. What I tried to do is give a history and a background-- THE CHAIRMAN: But you see we-- MR. HAEFELI (continuing) : I am coming here and asking for an interpretation. I am asking for an interpretation on a ZBA Hearings • , 41 •May 20, 1993 denial by the Building Inspector. We said we wanted kitchenettes and they said you 've got to come here. BOARD ASSISTANT-CLERK: But you started out explaining the whole process, right, so we have to now go back and meet with the Planning Board? MR. HAEFELI : No, I don't think you have to meet with the Planning Board. In all due respect, I don't think you have to meet with anybody. You have to sit down and determine whether or not kitchenettes are permitted in a resort motel . That is the question this Board has to decide. MEMBER DINIZIO: We certainly have to make our decision in light of the facts . THE CHAIRMAN: Yeah, but it does concern this particular piece of property, dramatically. BOARD ASSISTANT-CLERK: It also pertains to what you approved under the old special exception. That is very important. THE CHAIRMAN: That's right. That is what I am saying. MR. HAEFELI : It applies to every resort motel. It applies to the definition. THE CHAIRMAN: You are absolutely correct. MR. HAEFELI : The Board put a definition in, in ' 89 . Before 189 there was no definition. All I am saying is, that is what I am asking you to decide. ZBA Hearings 42 flay 20, 1993 THE CHAIRMAN: We will make a decision; I am going to recess it at this point; we can close it at a special meeting if we have to, okay; but we have to discuss this briefly with the Town Attorney et cetera; and so we will let you know exactly where we are going from here. Are you going to submit the brief? MR. HAEFELI : I will submit the brief. There is one other thing, Mr. Villa, that they did --The Health Department, the biggest thing the Health Department asked for was construction drawings, if I remember correctly, of the laterals coming in, out and everything else. MEMBER VILLA: There has been such concern with both the water supply facilities and the sewage facilities in the Village of Greenport and their adequacy, that they would be very interested to see if there is any change in your flow criteria, because the department has had a lot of problems with the Greenport system, and that was my concern, that if the flow increases, whether Greenport would have the capacity to accept it. MR. HAEFELI : I don't know whether Greenport has the capacity to accept as it is, you know, today-- MEMBER VILLA: That's right. MR. HAEFELI : But we have a contract that we entered into, and they have set us aside as one of the ones that will have it, as opposed to several of the other people that came in ZBA Hearings 43 May 20, 1993 subsequent to us, because we signed those contracts a long time ago. MEMBER VILLA: It has been an ongoing problem with the Village. THE CHAIRMAN: Thanks so much for coming in. We will get back to you as soon as we get this thing wrestled out here. MR. HAEFELI : Thank you very much. THE CHAIRMAN: You're welcome. Anybody else like to say anything? (There was no response. ) THE CHAIRMAN: Seeing no hands, I make a motion recessing the hearing without a date. (Seconded and carried; see Clerk's record. ) Verbatim transcript prepared from recorded tape. jdr End of hearings . 1 APPEALS BOARD MEMBERS SCOTT L.HARRIS Supervisor Gerard P. Goehringer, Chairman E . Serge Doyen,Jr. f Town Hall, 53095 Main Road James Dinizio,Jr. P.O. Box 1179 Robert A.Villa µ � : ��'`' Southold, New York 11971 Richard C.Wilton Y Fax (516) 765-1823 Telephone (516)765-1809 BOARD OF APPEALS Telephone (516) 765-1800 TOWN OF SOUTHOLD May 4, 1993 Richard T. Haefeli, Esq. 184 Main Street Box 1112 Westhampton Beach, NY 11978 Re: Appeal Requesting Interpretation - Cliffside Associates Definition of Transient Motel/Resort Motel Dear Mr. Haefeli: This letter is to confirm your telephone call last week in which you have indicated that the Board may now proceed with the advertising of the final hearing in this matter to be held on Thursday evening, May 20, 1993. Attached is a copy of our Legal Notice as published in the Long Island Traveler-Watchman, Inc. You will note that the legal notice advertises only that portion of the application concerning the interpretation request (since the second part of the application for variance relief is incomplete and has not been accepted for filing and processing as noted in our August 4, 1991 letter) . Since there does not appear to have been a review of the files and ZBA record in behalf of the applicant since receiving this application (in 1991) , you should note that the following folders and documentation have also been made a part of the record in this application request and pertinent to this property: a) prior Special Exception record for transient motel use which includes, but is not limited to, correspondence, plans, maps which do not show kitchenettes; b) copy of letter from the Suffolk County Health Department dated April 3 , 1991 indicating that a revised plan for proposed kitchenettes must be submitted to their agency; c) copies of the Planning Board map(s) and documentation on file concerning its site plan reviews; Page 3 - May 4, 1993 To: Richard T. Haefeli, Esq. Re: Interpretation Request-Cliffside Assoc. d) copies of Building Permit and Notice of Disapproval file records. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN lk Enclosure ` BOARD OF APPEALS structu a with a reduced set- of the Zoning Code pertaining District. 19' ' to the April 9, 1991 N of 11. 8:30 p.m. Appl. No. , TOWN OF SOUTHOLD back f the bank or bluff NOTICE OF I of Sound. Property Disapproval whichmwds, 4120- MATTITUCK AUTO 1 PUBLIC HEARINGS Location: 58235 C.R. 48, hotel or motel transient CENTER, INC., and Greenport, NY: County Tax which says in part that there W ILLIAM GOODALE. Map Parcel ID No. will be no cooking Variance to the Zoning Or- ti NOTICE IS HEREBY 1000-44-2-11. This parcel is facilities...;' and pertaining I dinance,Article XXI,Section GIVEN, pursuant to Section nonconforming at 5,775 sq. ft. to the April 25, 1991 Notice of 100 212B for relief from the 267 of the Town Law and the in this R-40 Zone District. Disapproval which reads, front yard landscaping Provi- Code of the Town of sions of the zoning code. Southold, that the following 5.7:50 p.m.Appl.Na 4177- ;,.hotel or motel resort.Ac- public hearings will be held by JAMES F., and EILEEN Lion required by Zoning Board Location of Property: 7655 the SOUTHOLD TOWN , LEDDY.Variance to the Zon- of Appeals to permit cooking NYS Route 25 (Main Road), BOARD OF APPEALS, at ing Ordinance,Article XXIV, facilities in individual motel Laurel, near Mattituck, NY; the Southold Town Hall, Section 100-244B (pertaining units..." County Tax Map;Parcel No. 53095 Main Road,Southold, to nonconforming lots) and The subject premises 1000-122-6-30.1 (previously New York 11971, on THURS- I Bulk Schedule,for permission previously had received a con- 30). DAY, JULY 22, 1993, com- to construct front porch addi- , ditional determination for a 12. 8:30 p.m. FINAL DAY, gat the times specified tion with a reduced front yard I Special Exception filed, HEARING on Appl. No. mencinbelow: setback at 195 Marys Road, j 11/28/89 under Application 4119SE-MATTITUCK AUTO Mattituck; County Tax Map No. 3542 for use of the CENTER, INC. and• 1.7:32 p.m.Appl.No.4172- Parcel ID No. 1000-140-2-36. premises for 68 motel units W ILLIAM GOODALE- To reconvene hearing in the 6.7:55 p.m.Appl.No.4178- without individual kitchen- Special Exception to the Zon- Matter of JANET A. I JAMES AND DOROTHY ettes or dwelling uses. Loca- ing Ordinance,Article X,Sec- FERGUSON(continued from FITZGERALD. Variance to tion of Property: 61475 C.R. tion 100-10113(12)for a permit June 22, 1993): Central I the Zoning Ordinance,Article 48, Greenport, NY; County authorizing: (a) a new car, Avenue, Fishers Island, NY, XXIV, Section 100-244B Tax Map Parcel ID No. sales-rental establishment;(b) 7 40 County Tax Map Parcel ID (schedule pertaining to non- 1000-045-01-001 and 002(now an establishment of an ac- No. 1000-066-08-006., conforming lots) for permis- 1 2,1),containing approximate- cessory use incidental to the 2.7:35 p.m.Appl.No.4182- sion to contruct open deck ad-� ly 7.5 acre. The subject proposed new car sales, KELLY McDERMOTT. dition with an insufficient'I premises is located in the establishment for the sale Variance to the Zoning Or- rearyard setback. Property,; Resort-Residential(RR)Zone and/or lease of used vehicles; dinance Article ILIA,Section Location: Southwest corner-, District. (c)outside display of vehicles 100-30A.3(Bulk Schedule)for Intersection of Oak Drive and 9.8:10 p.m.Appl.No.4181- for sale; (d) accessory office permission to expand house Haywaters Drive, Cutchogue; I AABR REALTY Facilities use incidental to the new prin- and accessory garage which County Tax Map Parcel ID Holding Corp.,a Type C Not- cipal use as a new car sales will .exceed the 20016 lot No. 1000-104-5-25.This parcel For-Profit Corporation (now coverage limitation. Property is nonconforming at 19,602t or formerly known as establishment. Location of Location: Northeasterly cor- "Association for the Advance- Property: 7655 Main Road sq. ft. in this R-40 Zone P Y: ner of Oysterponds Lane and District. ment of Blind and Retarded, (NYS Route 25),Laurel, near Skipper's Lane (a/k/a State 7 8:00 p.m.Appl.No.41W i Inc")as Contract Vendee, re- Mattituck, el County lax St.), Orient, NY; County Max JOAN AND ROY BERMAN. quest a Special Exception as Map Parcel ID No. Map Parcel ID N4 Variance to the Zoning Or- per the SoutholdlbwnZoning 1000-122-6-30.1. 1000-24-1-8. This property I dinance,Article IIIA,Section Code, Article III, Section The Board of Appeals will contains an area of 8710t sq. 100-30A.3 for permission to 100-31B for use as a philan- at said time and place hear any ft. and is located in the R-40 construct addition to ac- thropic home as provided by and all persons or represen- I o Residential Zone District. cessor storage-garage tatives desiring to be heard in yb 3.7:40 m.Appl.No.4179- y Subsection 5 thereof. Proper- P• building which was recently ty Location: South side of the above matters. Written THOMAS D. DUFF, JR. altered under Permit No. Middle Road near the end of comments may also be sub- AND ELAINE ' DUFF. 20895 issued 8/18/92.Propos- Highway 48,House No.6760. mitted prior to the conclusion Variance-to the Zoning Or ed addition would reduce th Mattituck, NY (present of the subject hearing. Each dinance, Article III, Section required frontyard setback owners: Joseph and Patricia hearing will not start before 100-32B for permission to and would be in excess of 20%0 Stiefer). County Tax Map the times designated above.If construct deck addition along lot coverage limitation for all Parcel ID No. 1000-121-4-8.1,.'- you wish to review the files or west side of existing dwelling buildings.Property Location: containing 13+ acres. need to request more informa- with a reduced side yard set- 520 Rabbit Lane . tion, please call 765-1809 or back. Property Location: ,East Marion, 10 8:20 p.m. Appl. No.I NY; County Tax Map Parcel 4183- JOHN AUSTINE. visit our office South side of Crescent Avenue ID No. 1000-31-18-I1. This Variance to the Zoning Or Dated: July 6, 1993 (North Hill), Fishers property is nonconforming at dinance,Article IIIA,Section BY ORDER OF THE Island,NY; bounded west by 2614t sq.ft.inthisR-40 Zone', 100-30A.4 for permission t SOUTHOLD TOWN Nitze; east and south by District. locate accessory one-story BOARD OF APPEALS r. Zabohonski;County lax Map g g 05 p.m.Appl.Na 4639-1 garage building partly in the GERARD P.GOEHRINGER Parcel ID No. 1000-6-2-3.,2;9 CLIFFSIDE ASSOCIATES, side yard with a setback at ap- CHAIRMAN also referred to as Lot 25 on INC. (Owner). This is a re-i proximately five feet from the By: Linda Kowalski 1 the unfiled "Map of Henry IX-7/8/93(16) }n Walsh'.'This parcel is noncon-I quest which concerns the' southerly side property line. forming h 1p03el acreinan April 26, 1991 and April 9,' Location of Proerty: 3735 1991 Notices of Disapproval' Deep Hole Drive, Mattituck; R-80 Zone District. issued by the Building Inspec- Lot No.54,Map of Deep Hole 4.7:45 p.m.Appl.No 4160- 1 for concerning an application Creek Estates. County Tax SUSANTASKER.Variance to for permit to include kit- a, Map Parcel ID No. the Zoning Ordinance,Article chenettes in motel units citing) 1000-115-16-20. This property XXIII,Section 100-239.4A for Article III, Section 100-13 is.substandard in size at 21,710 a t, permission to locate dwelling which is the Definition Section sq. ft. in this R-40 Zone COUNTY OF SUFK S I A I-F OF NEW YORK ss: Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has heen published in said Long Island Traveler-Watchman once each week for . . . . . . ... 7.: . .. weeks successively, commencing on the . . . . . . . . . 8. . . . . . . . . . . day of . . . . . . . . . . . . ., 19 Sworn to before me this . . . . . . . . . . . . . . , , day of . . . . . . . . . i�51�- . . . . . . , 19 3 Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, State of New York Ne. 480G34G Qualified in Suffolk County Commission Expires 8/3r/gy i E L Copies of the Legal Notice of Hearings for 7/22 sent to the following on 7/6/93 : Stephen L. Ham III , Esq. Re: Ferguson 45 Hampton Road Southampton, NY 11968 Mrs. Kelly McDermott P.O. Box 2002 Orient, NY 11957 En-Consultants, Inc. Re: Tasker 1329 North Sea Road Southampton, NY 11968 Mr. and Mrs. James P. Leddy 29 Bradford Lane Bethpage, NY 11714 Rudolph H. Bruer, Esq. Re: AARB Main Road - Box 1466 Southold, NY 11971-1466 Mr. and Mrs. Thomas Duff, Jr. 34 Hunter Road Manchester, CT 06040 Mr. and Mrs. Roy Berman 79 Mackey Avenue Port Washington, NY 11050 Richard T. Haefeli, Esq. Re: Cliffside Associates 184 Main Street P.O. Box 1112w F .` Westhampton Beach, NY 11978 , J. Kevin McLaughlin, Esq. Re: Goodale/Mattituck Auto 1050 Youngs Avenue Southold, NY 11971 Ardnt Construction Re: Austine 64 Circle Drive North Patchogue, NY 11772 Proper-T Services, Inc. Re: Fitzgerald P.O. Box 617 Cutchogue, NY 11935 L.I. Traveler-v`atchman, Inc. - Times-Review courtesy copy ZBA Board Members with copies of each pertinent file Town Clerk Bul3atin Board (in lobby) Building Department Attn: C. Horton Planning Board: Chairman R. Ward Town Attorney R. Arnoff APPEALS BOARD MEMBERS SCOTT L.HARRIS %+ Supervisor Gerard P.Goehringer, Chairman ' Z Serge Doyen,Jr. �, a �Y Town Hall, 53095 Main Road James Dinizio,Jr N P.O. Box 1179 Robert A.Villa _ 2r - '`°c '' Southold, New York 11971 Richard C.Wilton T' �G a Fax (516) 765-1823 Telephone (516) 765-1809 BOARD OF"PEALSTelephone (516) 765-1800 TOWN OF SOUTHOLD July 6, 1993 TO WHOM IT' MAY CONCERN: Enclosed with this letter is a copy of the Legal Notice, as published in the Town's official newspaper (Long Island Traveler-Watchman, Inc. located in Southold, NY) . The Legal Notice outlines a generalized description of the relief or use requested in your application, the location of the property, and the time, date and place of the public hearing. Please have someone appear in your behalf at the time . specified in the event there are questions (and to prevent a delay in finalizing your application) . Your public hearing will not start before the time allotted in the attached Legal Notice. Additional time will, of course, be available. If your presentation is lengthy, a draft or final written copy is always appreciated. In the event you wish to amend your application to include other relief and other sections of the Code to be considered, you must file separate application forms, obtain a new Notice of Disapproval from the Building Inspector, and submit the additional filing fee. You must notify our office prior to the advertising of the present application for the amendments. Once the application has been advertised, a separate application would be then be required for additional relief. Please feel free to call our office if you have any questions or wish to update your file prior to the hearing date. Yours very truly, Enclosure Linda Kowalski Page 2 - Notice of Kings Southold Town Board of Appeals Regular Meeting of July 22, 1993 8710+- sq. ft. and is located in the R-40 Residential Zone District. 3 . 7: 40 p.m. Appl. No. 4179 - THOMAS D. DUFF, JR. and ELAINE DUFF. Variance to the Zoning Ordinance, Article III, Section 100-32B for permission to construct deck addition along west side of existing dwelling with a reduced side yard setback. Property Location: South Side of Crescent Avenue (North Hill) , Fishers Island, NY; bounded west by Nitze; east and south by Zabohonski; County Tax Map Parcel ID No. 1000-6-2-3 . 2; also referred to as Lot 25 on the unfiled "Map of Henry Walsh. " This parcel is nonconforming at 1.003+- acre in an R-80 Zone District. 41. 7: 45 p.m. Appl. No. 4160 - SUSAN TASKER. Variance to the Zoning Ordinance, Article XXIII, Section 100-239. 4A for permission to locate dwelling structure with a reduced setback from the bank or bluff of the L.I . Sound. Property Location: 58235 C.R. 48, Greenport, NY; County Tax Map Parcel No. 1000-44-2-11. This parcel is nonconforming at 5,775 sq. ft. in this R-40 Zone District. 5. 7: 50 p.m. Appl. No. 4177 - JAMES P. and EILEEN LEDDY. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B (pertaining to nonconforming lots) and Bulk Schedule, for Page 3 - Notice of *rings • Southold Town Board of Appeals Regular Meeting of July 22, 1993 permission to construct front porch addition with a reduced front yard setback at 195 Mary' s Road, Mattituck; County Tax Map Parcel No. 1000-140-2-36. 6. 7: 55 P.M. Appl. No. 4178 - JAMES AND DOROTHY FITZGERALD. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B (schedule pertaining to nonconforming lots) for permission to construction open deck addition with an insufficient rearyard setback. Property Location: Southwest Corner - Intersection of Oak Drive and Haywaters Drive, Cutchogue; County Tax Map Parcel No. 1000-104-5-25. This parcel is nonconforming at 19,602+- sq. ft. in this R-40 Zone District. 7: 8: 00 p.m. Appl. No. 4180 - JOAN AND ROY BERMAN. . Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 for permission to construct addition to accessory storage-garage building which was recently altered under Permit No. 20895 issued 8/18/92. Proposed addition would reduce the required frontyard setback and would be in excess of 20% lot coverage limitation for all buildings. Property Location: 520 Rabbit Lane, East Marion, NY; County Tax Map Parcel No. 1000-31-18-11. This property is nonconforming at 2614+- sq. ft. in this R-40 Zone District. Page 5 - Notice of H&ings • Southold Town Board of Appeals Regular Meeting of July 22, 1993 the Southold Town Zoning Code, Article III, Section 100-31B for use as a philanthropic home as provided by Subsection 5 thereof. Property Location: South Side of Middle Road near the end of Highway 48 , House #6760, Mattituck, NY (present owners: Joseph and Patricia Stiefer) . County Tax Map Parcel ID No. 1000-121- 4-8.1, containing 13+ acres. 10. 8:20 p.m. Appl. No. 4183 - JOHN AUSTINE. Variance to the Zoning Ordinance, Article IIIA. Section 100-30A. 4 for permission to locate accessory one-story garage building partly in the side yard with a setback at approximately five feet from the southerly side property line. Location of Property: 3735 Deep Hole Drive, Mattituck; Lot No. 54, Map of Deep Hole Creek Estates. County Tax Map Parcel No. 1000-115-16-20. This property is substandard in size at 21,710 sq. ft. in this R-40 Zone District. 11. 8: 30 P.M. Appl. No. 4120 - MATTITUCK AUTO CENTER, INC. and WILLIAM GOODALE. Variance to the Zoning Ordinance, Article XXI, Section 100-212B for relief from the front yard landscaping provisions of the zoning code. Location of Property: 7655 NYS Route 25 (Main Road) , Laurel, near Mattituck, NY; County Tax Map Parcel No. 1000-122-6-30.1 (previously 30 ) . Page 6 - Notice of Wings , Southold Town Board of Appeals Regular Meeting of July 22 , 1993 12. 8: 30 P.M. FINAL HEARING on Appl. No. 41195E - MATTITUCK AUTO CENTER, INC. and WILLIAM GOODALE. Special Exception to the Zoning Ordinance, Article X, Section 100-101B( 12) for a permit authorizing: (a) a new car sales-rental establishment; (b) an establishment of an accessory. use incidental to the proposed new car sales establishment for the sale 'and/or lease of used vehicles; (c) outside display of vehicles for sale; (d) accessory office use incidental to the new principal use as a new car sales establishment. Location of Property: 7655 Main Road (NYS Route 25) , Laurel, near Mattituck, NY; County Tax Map Parcel No. 1000-122-6-30. 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. If you wish to review the files or need to request more information, please call 765-1809 or visit our office. Dated: July 6, 1993. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski x Page 3 - Notice of rings Southold Town Board of Appeals Regular Meeting of May 20, 1993 kitchenettes or dwelling uses. (The Special Exception use did not include approval for kitchenettes or dwelling uses) . Location of Property: 61475 C.R. 48, Greenport, NY; County Tax Map Parcel No. 1000-045-01-001 and 002 (now 2.1) , containing approximately 7.5 acres. 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. If you wish to review the files or need to request more information, please call 765-1809 or visit our office. Dated: April 30, 1993. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski x APPEALS BOARD MEMBERS ' SCOTT L.RABBIS ( Supervisor Gerard P.Goehringer, Chairman a Serge Doyen,Jr. `J Town Hall, 53095 Main Road James Dinizio,Jr. a. ,�1� P.O.Box 1179 Robert A.Villa `� Southold, New York 11971 Richard C.Wilton Fax (516)765-1823 Telephone (516) 765-1809 BOARD OF APPEALS Telephone (516) 765-1800 TOWN OF SOUTHOLD Copies of Legal Notice to the following 5/4/93 : Mr. and Mrs. Sandy Friemann P.O. Box 968 Cutchogue, NY 11935 Mr. Kenneth Tedaldi (Re: Cliffside) P.O. Box 815 Quogue, NY 11959 Rudolph H. Bruer, Esq. (Re: Arcus) P.O. Box 1466 Southold, NY 11971-1466 Richard T. Haefeli, Esq. (Re: Cliffside) 184 Main Street P.O. Box 1112 Westhampton Beach, NY 11978 Mr. Ettore Pennacchia (Re: Touch of Venice) P.O. Box 1623 Mattituck, NY 11952 (Hand Delivered to) : L.I. Traveler-Watchman, Inc. Official Newspaper Traveler Street Southold, NY 11971 Copies to Board Chairman and Members, with copies of file contents as of 5/4/93 . Original Legal Notice posted on Town Clerk Bulletin Board 5/4/93. Copies 5/4/93 to: Building Department Planning Board Office Town Attorney APPEALS BOARD MEMBERS G SCOTT L.HARRIS .3 Supervisor ' -4 Gerard P. Goehringer, Chairman _ Serge Doyen,Jr. N Town Hall, 53095 Main Road James t A.Vil Jr. '�� N A Southold, New York 11971 PO.Box 1179 Robert A.Villa '� ram' Richard C.Wilton � � Fax (516)765-1823 Telephone (516)765-1809 BOARD OF APPEALS Telephone (516) 765-1800 TOWN OF SOUTHOLD April 12, 1993 Mr. Kenneth J. Tedaldi P.O. Box 815 Quogue, NY 11959 Re: Cliffside Associates - Request for Interpretation Dear Mr. Tedaldi: Please confirm whether or not your attorney will be able to attend the final hearing on this matter to be calendared and advertised for our May 20, 1993 Regular Meeting. If an additional postponement is necessary, please contact me as early as possible. Thank you. Very truly yours, Linda Kowalski APPEALS BOARD MEMBERS pSUFFO(,� SCOTT L.HARRIS �� Supervisor Gerard P. Goehringer, Chairman H x Serge Doyen,Jr. p V Town Hall, 53095 Main Road James Dinizio,Jr. �'✓ �� P.O. Box 1179 Robert A.Villa 1 . t � Southold, New York 11971 Richard C.Wilton Fax (516)765-1823 Telephone (516) 765-1809 BOARD OF APPEALS Telephone (516) 765-1800 TOWN OF SOUTHOLD November 30., 1992 Mr. Kenneth J. Tedaldi P.O. Box 815 Quogue, NY 11959 Re: Cliffside Associates - Appeal for Interpretation Dear Mr. Tedaldi : Thank you for confirming with us your request for a postponement in the above application, scheduled for December 3, 1992, since your attorney will not available that evening. We will be happy to restore your application to the hearings calendar at a date mutually convenient for you and your attorney. Written confirmation is necessary, however, before advertising since this is the third advertisement by the Town. No additional adjournments will be granted. As mentioned to you, the next hearing calendar is expected to be held on Thursday, January 13, 1993 commencing at approximately 8: 00 p.m. We ask that you communicate your attorney' s availability to us by Wednesday, December 23, 1992 . Thank you. Very truly yours, Linda Kowalski Enclosure P.S . Also, please find attached a copy of a memorandum transmitted to our office from the Planning Board, together with its attachments . COUNTY OF SUFFOLK• I � { a wa (rJ WI .5 iyyi PATRICK G. HALPINl SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF HEALTH SERVICES Apr. 3 , 1991. DAVID HARRIS, M.D., M.P.H. COMMISSIONER Douglas P. Herrli.n , Architect Box 442 Fast Hampton, NY 11.937 Re: Cliffsi_de Tidemark Motel North Road Greenport Dear Mr. Herrlin: A recent article in a local. newspaper indicates Tidemark .is proposing kitchenettes for the project. Please submit for review a revised plan indicating locations and construction details for this aspect of the project . Yours truly, Robert H. Gerdts Sr. P.H. Sanita.ri.an Housing & Genera]. Sanitation RHG/bg cr, : Town of Southold Bldg. Dept. COUNTY CENTER RIVERHEAD. N.Y. 11901 '�r' dJvif 7�y� APPEALS BOARD MEMBERS ] �� SCOTT L.HARRIS Gerard P. Goehringer,Chairman Y n E < Supervisor Town Hall,53095 Main Road Serge Doyen,Jr. a s P.O.Box 1179 James Dinizio,Jr. '1 Robert A. Villa Southold,New York 11971 R'char wi 11 tti�nes Fax (516)765-1823 Telephone (91�'A-1$09 Telephone (516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD October 27, 1992 Mr. Kenneth J. Tedaldi P.O. Box 815 Quogue, NY 11959 Re: Cliffside Associates - Request for Interpretation Dear Mr. Tedaldi: Thank you for confirming with us today the postponement of the above matter, scheduled for November 9 , 1992, requested by your attorney who is not available that evening. We will be happy to restore your application to the hearings calendar at a date mutually convenient for you and your attorney. Written confirmation is necessary, however, before advertising since this is the third advertisement by the Town. No additional adjournments will be granted. As mentioned to you, the next hearing calendar is expected to be held on Thursday, December 3, 1992 commencing at approximately 8: 00 p.m. and ask that you communicate your attorney' s availability to us by Friday, November 13 , 1992. Thank you. Very truly yours, Linda Kowalski Ut 0I tr„- APPEALS BOARD MEMBERS ;; �% SCOTT L.HARRIS 1� Supervisor Gerard P.Goehringer, Chairman n Serge Doyen,Jr. Town Hall, 53095 Main Road James Dinizio Jr. qo' P.O. Box 1179 Robert A.Villa �^: , o Southold, New York 11971 Richard C.Wilton Fax (516)765-1823 Telephone (516) 765-1809 BOARD OF APPEALS Telephone (516)765-1800 TOWN OF SOUTHOLD April 12, 1993 Mr. Kenneth J. Tedaldi P.O. Box 815 Quogue, NY 11959 Re: Cliffside Associates - Request for Interpretation Dear Mr. Tedaldi: Please confirm whether or not your attorney will be able to attend the final hearing on this matter to be calendared and advertised for our May 20, 1993 Regular Meeting. If an additional postponement is necessary, please contact me as early as possible. Thank you. Very truly yours, Linda Kowalski I/A -11F3 - Z;W 114>*� . s/ia - S� I�A r � R • N 1 - r �T c u) . . "A Fidl $cx%lcc Veal lsltilc" 31992 f>S YACSIM U: CW1.:R SHEST DA'IL t { -- �1Y1TcrPl�� S, V F7e <ue ;:r n rm1.tL3nci... _Pager. ( i.ncl.ud3nq t1,1.s sL,�et ) . I:l 3cu kti ,l nut receive Ll the ,a9c_: , P].casc. ::�11 us 6 516 4'1'1 2730 . OUR tt,fF.1 �re4�1�.'.t: ;lG 477 0643 ,S G- ,4fv 0,e7-0 6�, F4Aq O tiT /,61*'o q. Cf DPt.P rV�EQ N47- Q r Gj4 :5 110 I �1 SIr�+Ot Giennpert No,.v lbtk 11944 (51G) 477.2'130 t!J ' ![ I I zo TEUHLUj J APPL%S BOARD MENIBEI �5S FFp(�•ed, $COTT L.RABBIS % Supervisor Gerard F.Oo> hrinpe,!Chairma4' cdis Serge Doyen,Jr, a Town Hall, 0095 Main Road James Dinizlo,Jr. P.O-Box 1179 Robert A.Villa Southold, New York 11971 Raid C.Wilton I Fax (516)765.1823 761sphone (616)765.1809 Telephone (510)765-1800 BOARD [ F APd'EAM TOWN OF SO THUL1) November 30, 1992 Mr. Kenneth J. edaldi 1 P.O. Box 815 Quogue, NY 119 9 Re: Cliff ide associates - Appeal for Interpretation Dear Mr. Tedald Thank you or confirming with us your request for a postponca,ent inj the above application, scheduled for Iecember 3, 1992, since your attorney will not available that evening. we will bE happy to restore your application to the hearings calendar at a date mttually convenient for you and your attorney. Writ? en confirmati( n is necessary, however, before advertising since this is the third advertisement by the Town. No additional adjournments wl? 1 be granted. As mentioned to you, the next hearing calendar is expected to be held on Thursday, Janua)y 13, 1993 commencing at approximately too p.irt. We , sk that you communicate your i attorncy 'e ava 'lability to us by Wednesday, December 21I, 1992 . Thank you , Very truly your$, Lint Kowalski Enclosure P.S. Also, pi ase find attaciad a Copy of a mamoranduin transmitted to our office fron the Pl&nninq Board, together with its attachment . r a�aLtl OEL IJc . , ec . 7 . a� 1 ; r F' . 02 �r r I J J`r a PLANNING BOARD ,MEMBERS �� A J ! � . Bcnnen GrL u,ki, Jr_ Chairman SCOTT L. HARRISPe., Y Supervisor ., Gcoifie Ri(chie Laihsm, Jr. I 1;. '' �I� a 'ail Richard G Word TCWII Hall, $3095 A1mn Road Mark S. McDonald P.O- Box 1179 Kenneth L Edwards S011141d. New York 11971 PLANNING BURP OFFICE 1 dcphone (516) 765.1938 TOWN' OF SOUTHOLD-'- FAX (516) 765-1823,3 .17 rtEmoRAtaouti I - -- /1 Toz Ger.ar P. Goehringer, chairman and MamberS of the Zoning Board of Aopeals FROM Bennet Orlowski, Jr , Chairman dp, i rl,,;tbero of the V.anning Boar. RE: Appeal No. 439 by C ..iffside Associates cliff4ide/Tidemark motel Count Route 48, Sou-hold SCTM 1000-45-1-1 DATE Navem er 19, 1992 t ti . The Planni*4g Board is op;osed to the third request Of Cliffsj.de/Tidemi ik :Motel for to interpretation of the Zoning Code that would pelwd t the installation of cooking facilities (kitchens , kitchenettes) in tte motel units. When thfs bequest was mace for the second time, in November of 1991, we voiyed Opposition to such an interpretation., a copy of which is att chod for your information. This memorandum addresses ficlditronal issues Ciat have come to our attention in the .intervening; time. his set fork.h in the Ilast >.r Plan and the Zoning Comb, the purpose of the � r sort Residon--ial zoning category is significantly different from ;:hat. Of the Hamlet Density zoning district. The 4oninc, Code reads. "The purpose of the Resort Residential (RR) District is to provide opportunity for resort development . . ."! The uses permitted within this district by Special Exception 'are related to the tourist economy. I By contrast, the purpose of the Hamlet Density (HD) Residential Distr'i.ct is "to ) ermit a mix of housing types and level of res.idEntial density appropriate to the areas In and around the major hamlet centr,rs. . . " The RR district allows tranr-lent motels or hotels, �;bile the HD district allows multiple residences. it kitchens or kitchenettes are installed, , , DEi 03 92 111 i3 �. F. U1 the transient. mate: or hotel use will convert to a year-round residence, 10V aril practical purposes. From the beginning and throughout the environme,atal review procedure, the ptroject was reviewed as a motel/hotel without eating facilities. Aceordiag to our files, the applicant has been asked, as f r back as 1986, for guarantees that the motel would be oporatekt without kitchen facilities. Cliffside'& water and sewer contracts with the 'Village of Greenport, whichlare dated April, 1987 , were based on a projected average daily tjca based on 2. 5 people per unit; 76 motel units and �100 gallon: per day usage per unit, -which is the flow for a motel unit without kitchen facilities. The size (square footageY of the motel unit also is a factor. Therefore, �it appears that the addition of kitchen facilities may r�squire another review by both the Suffolk county Department of He lth S¢rvices and the Village of Greenport.. Enc. Sewer and W ter contracts - Village of Greenport cc: victor Lesssrd, Princ_pal Building Inspector u f i tedal P.O. Box 815 Ouogue, N.Y. 11959 I'�� ' NOV 131992 (516) 653-5588 FAX t 5 : •,a ; L L% _ `i J i i I DATF: I i CA, "F SaHFEi I FAx No: 7 ' , 3 i ti(-i'u1C-DER OFPAC:[ `, :. 1 �'•�C� C'e---�, . =i/E'I� �! LET) / {{ ^ 1 } `� :.l".) a.fi •J�. ! -_\.� ,i 'N t �- �.�:a ' �_- \..1_'i'i} ��f '�� .'i�yl 4AL"__ 'jJ{.�C� ASJ�.\JI! e'\—J L ' ri >11PIr s51(- (,c1 ,l3S I } I I `• • ��gUFFO(,��, APPEALS BOARD MEMBERS =�O O(jy� SCOTT L.HARRIS Gerard P.Goehringer,Chairman c Supervisor Charles Grigonis,Jr. cc x Serge Doyen,Jr. O Town Hall,53095 Main Road P.O.Box 1179 James Dinizio,Jr. Robert A.Villa Ol �a Southold,New York 11971 Fax (516)765-1823 Telephone(516)765-1809 Telephone(516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD MEMORANDUM FOR THE ZBA RECORD Date of this Review: June 11, 1992 '- r6 /17/gt— 0"4a�.� ..J Re: Cliffside Associates (Kenneth Tedaldi and Neil Esposito) 1000-45-1-2.1 ( 1 & 2) at CR 48, Greenport 11/2/89 - ZBA granted Special Exception - see plan dated July 19, 1989 prepared by Douglas P. Herrlin for 68 motel units without kitchen facilities and one manager' s unit with kitchen. *** NOTE: Same floor layout was submitted to Planning Board on 10/13/89 for site plan approval. {Planning Board sent letter of objection to ZBA 11/8/91 to the new application for Interpretation ( #4039) ) . Copies attached. 12/8/89 - Building Permit issued to construct 5 motel structures containing 68 units without kitchens and one manager' s unit/office with kitchen, and accessory pool, deck and tennis courts. 4/8/91 - Health Dept. confirms (after reading local newspaper advertisement) that they do not have an application for kitchenettes and will require revised plans. Copy attached. 4/11/91 - Application filed with Building Department for an amendment of building permit to include kitchenettes and amended floor plan layout. 4/25/91 - Building Dept. issued Notice of Disapproval for ZBA to consider cooking facilities in motel units. Copy attached. ZBA Memorandum for the Record June 11, 1992 Re: Cliffside Associates 7/16/91 - Filing fee $300 for Interpretation under No. 4039 filed with ZBA. (Variance request must be made subsequent to Interpretation in order to describe relief and basis of relief. Variance may or may not be necessary depending on outcome of Interpretation. $200. 00 fee for variance portion of application has not been paid since the variance is not appropriate at this time for filing. } 7/25/91 - ZBA reviewed two-fold application. See attached resolution of the 7-25-91 Minutes. Interpretation portion of record will be proceeded first. SEQRA will need to be addressed on variance portion of record after Interpretation process has been finalized (if still needed by the applicants) . 8/15/91 - Hearing on Interpretation. (Mr. Haefeli asked for postponement Legal Notice attached. 11/21/91 - Hearing on Interpretation advertised again. Postponement requested 11/15/91 by Attorney Haefeli. The legal notice will be re-advertised when the attorney for the applicants confirm they are ready to proceed. (The hearing has been advertised for two hearing dates so far. ) 10/9/92 - Received letter from applicant (Kenneth Tedaldi ) requesting the hearing be restored to calendar. (for a third time). 10/15/92 Board Members agreed to calendar with written confirmation from attorney as to his attendance with applicant on November 9th. 10/26/92 ZBA Office called Mr. Tedaldi 's office requesting confirmation. They would fax us a letter today to confirm. 10/27/92 Fax letter not received. ZBA Office called Mr. Tedaldi ' s secr. Kathy and secretary would ask someone to call ZBA by 10:00 today to confirm. Mr. Tedaldi called shortly after, and indicated his attorney (Mr. Haefeli ) is not available on November 9th since he has another matter. ZBA Secretary gave the next date (tentatively for Dec. 3rd)and asked Mr. Haefeli to confirm in writing his attendance before advertising. Mr. Tedaldi agreed to re-confirm in any event. UPDATES FOR THE FILE Re: Cliffside Associates an�L 11/9/92 - Received inquiry from Melissa .= Valerie of the Planning Board Office. Planning Board is working on another memorandum. Since this hearing was not advertised, it is possible that the PB office will not be sending its comments until a future date. (We did ask that comments be sent over any way because the Board Members would be meeting on other matters and would prefer to receive data within a reasonable time prior to the actual hearing.) 447 L8P Yna n�o �a e� o Q� . tenances , including domestic services and fire hydrants in the full length and width of the now or hereafter existing public or private streets in the premises as shown on the attached map. The rights of way and easements shall also extend five feet on either side of the mains to be laid pursuant to this agreement, whether or not such distance shall be within the roadway The mains and appurtenances and the rights of way and easements shall be deeded to the VILLAGE its successors or assigns . and shall forever remain the property of the VILLAGE, its successors or assigns . The rights of way shall be over the lands herein described and marked Exhibit "E" . ELEVENTH. The easements herein granted are not exclusive , and other easements in said streets may be granted by OWNER to other persons or corporations maintaining public services throughout the development, provided that no other mains are set within two feet internally of the water main and no poles are set into the ground within two feet either side of a line on the sur- face directly above the mains . If a gas , sewer or other main or service necessarily crosses the water mains , OWNER will advise the VILLAGE in writing of the exact location of the intersection forthwith upon installation and shall supply maps to the VILLAGE showing the exact locations . Said intersections shall not be per- mitted without prior written consent of the VILLAGE. TWELFTH. If OWNER contracts with a third party for the WORK, as the parties contemplate will be the case, the VILLAGE will exa- LAW OFFICES OF JOFW J.MUNZEL : ROANOKE AVENUE IVERHEAD,NEW YORK 11W1 mine the proposed contract, plans , and specifications , and promptly furnish OWNER and the third party contractor with a writ- ten statement of what part, if any, of the WORK proposed in such contract should be revised to insure approval by the VILLAGE. The VILLAGE will not require any abnormal conditions , unless the situation at the site shall require them. THIRTEENTH. Upon completion , inspection and approval the VILLAGE will supply water to the development and the owners of the lands therein at the rates and pursuant to the rules and regula- tions of the VILLAGE in force from time to time. FOURTEENTH. The parties understand that final approval of the OWNER' Ss appliclations have not been given by all necessary public authorities. The VILLAGE enters into this agreement to assist OWNER in securing such approval , and by way of contrac- tually assuring to OWNER public water supply, if said appli- caltions are approved. FIFTEENTH. A one inch (111 ) service line shall be installed to each building , with a curb stop near the property line. This installation is under the direction and supervision of the Greenpbrt Water Department. SIXTEENTH. The VILLAGE requires a cash contribution of six hundred sixty-eight dollars and twenty ( $668 . 20 ) cents per motel unit to be placed in the VILLAGE' S Water Department Reserve Fund to help gain new production supply, so as to assure OWNER of future adequate supply. It is contemplated by this contract that LAW OFFICES OF JOHN J.MUNZEL 5 ROANOKE AVENUE RIVERHEAD.NEW VORK 11'MI will refund the aforementioned amounts with thirty ( 30 ) days of receipt of notice of disapproval. SEVENTEENTH. The WORK contemplated by this agreement shall be completed within 24 months of final approval of plans by the Town of Southold, or within additional periods of 24 months each, however , it is hereby mutually agreed and understood that all spe- cifications in reference to materials used for the construction of said system, the WORK to be completed, and/or water to be supplied shall be changed to conform with the then current standards as set by the VILLAGE of Greenport Utility Department, its successor, or its authorized agent at each such interval . EIGHTEENTH. The OWNER agrees that upon completion of the work in accordance with any contract made pursuant hereto, title to the mains , hydrants , valves , and fittings so installed and laid shall be deemed dedicated to the VILLAGE, and the OWNER shall in confirmation of such passage of title, execute an instrument transferring and assigning to the VILLAGE, the title, free and clear of all encumbrances or liens to the mains ,. hydrants , valves and fittings so laid and installed and if required by the VILLAGE shall procure from all persons having an interest in the land in which said mains lie a proper easement in favor of the VILLAGE for the perpetual maintenance, repair or replacement of said mains and fittings including the right to extend the mains and to connect them with other mains to be laid by or under the supervision of the VILLAGE The instruments so executed shall be in recordable LAW OFFICES OF JOMN J.MUNZEL iJ ROANOKE AVENUE IVERKEAD.NEW VORK t190t form. NINETEENTH. The VILLAGE agrees that when the installation, laying of the mains , valves , hydrants and fittings has been completed, pursuant to the terms of this agreement, and proper easements have been given, all as hereinbefore provided . the VILLAGE will accept the assignment and conveyance of the mains , valves , hydrants and fittings and maintain them thereafter and supply water to consumers along the mains subject to conditions , rules and regulations of the VILLAGE. TWENTIETH. Should the OWNER desire to lay the mains in sec- tions , separate construction contracts may be let for such sec- tions providing the extent of such separate sections shall be in the opinion of the VILLAGE sufficient to warrant a separate con- sideration. TWENTY-FIRST: This agreement contains the complete agreement between the parties for the acquistion by the VILLAGE of the mains , valves , fittings , and hydrants hereinbefore described and the OWNER agrees that it will not make any claims against the VILLAGE on account of the installation of the mains , valves , fit- tings or hydrants and acceptance of the terms of this agreement, notwithstanding the provisions of any general or special law to the contrary which may or may not be enacted. TWENTY-SECOND. This agreement shall enure to the benefit and shall bind the respective heirs , legal representatives , successors or assigns of the parties hereto. LAW OFFICES OF JOHN J.MUNZEL 54 ROANOKE AVENUE RIVERHEAD.NEW YORK 11WI TWENTY-THIRD. This agreement shall not be assignable by the OWNER without the consent in writing of the VILLAGE, which consent shall not be unreasonably withheld. IN WITNESS WHEREOF, the parties have executed this agreement in four ( 4 ) counterparts , all of which shall constitute originals , the day and year first above written. ATTEST: VILLAGE OF GREENPORT _ Gx^-sec: Gli. (�� By:_ ��✓ 'Yda�� Clerk Georg W. Hubbard, Mayor UUU l CLIFFSIDE ASSOCIATYS , a limited partnership by: NEIL ESPOSITO l W OFFICES OF JOHN J.MUNZEL 5 ROANOKE AVENUE RIVERHEAD.NEW YORK IMI STATE OF NEW YORK) COUNTY OF SUFFOLK) On the / �' day of February, 1987 , before me personally came NEIL ESPOSITO, general partner of the limited partnership known as CLIFFSIDE ASSOCIATES to me known and known to me to be the indi- vidual described in and who executed the foregoing instrument, and acknowledged that they executed the same , and that he was authorized to execute said document ) NCTA _ .. •._M Yxf: _ _Io NOTARY PUBLIC f ''oi''& County �+ STATE OF NEW OR ) COUNTY OF SUFFOLK) h .,sue On the 16 day of F Y , 1987 , before me personally came GEORGE W. HUBBARD to me known , who, being duly sworn, did depose and say the he resides at No. 178 Central Avenue, Greenport, New York 11944 , that he is the Mayor of the Incorporated Village of Greenport, the municipal corporation described in and which exe- cuted the foregoing instrument; that he knows the seal of said instrument is such corporate seal; that it was so affixed by order of the Board of Directors or said corporation , and the he signed his name by like order. NANCY W.CO^K NOTARI'PUBLIC, Stale of N.Y ---L- — - Suffolk Co.No.4735151 NOTARY PUB C Term Expires gitrith 30,19& l W OFFICES OF JOHN J.MUNZEL 5 ROANOKE AVENUE RIVE EAD.NEW YORK t 1�1 - "�y.. fan hOlhces OCRn - - 17USSELLS BODWELL H RL NDO.FLORIDA V JOHN J PRICE LM URST,ILUNOIS p OA STFVENL SAMET �a ;OMf RSET,NEW JERSEY 4^1. v HALL CLARKE AS RSET.N JAMES DELAND N. y J ANGUS D.HENDERSON ' �/ �V CONSULTANT 'w Ma.n Office: /� x fi µ; 120 EXPRESS STREET �--`` PAUL H ULATOWSKI R� PLAINVIEW.NEW YORK 11803 O• OOV- ASSOCIATE CONSULTING ENGINEERS HENDERSON AND BODWELL 120 EXPRESS STREET, PLAINVIEW, NEW YORK 11803 516-935-8870 »r; June 16 , 1986 Mr . Richard Pellicane Esq. 25 Bowden Square Southhampton, New York 11968 Re : Cliffside Greenport, New York Dear Mr . Pellicane : As per your request , the following are the revised Flow Calculations for the 76-2 bedroom motels located at Cliffside in Greenport, New York. Estimated Sanitary Flow (Based on Suffolk County Health Department Standards) . 76-2 Bedroom Motel Units @ 225 GPD = 17 , 100 GPD Estimated Domestic Water Usage (Based on 2. 5 people/2 bedroom unit and 100 GPD/capita) 4 76-2 Bedroom Motel Units X 2. 5 people X 100 GPD = 20 ,000 GPD Say 20 , 000 GPD 1`m if you have any questions or require additional information, gg w please feel free to call . Very truly yours , Steven Samet, P.E. 5S/mm cc : D. Herrlin Branch Offices: E Partners: ORLANDO,FLORIDA �O Rso RUSSELLS BODWELL JOHNELMHURST.ILLINOIS STEV NPRICE TEVEN L SAMET SOMERSET,NEW JERSEY HALL CLARKE MASON,OHIO JAMES DELAND Main Office: yA J ANGUS D.HENDERSON CONSULTANT 120 EXPRESS STREET PLAINVIEW,NEW YORK 11803 O0 ASSOCIATE ULATOWSKI '}"%` •%.: BOO ASSIATE CONSULTING ENGINEERS * ' ENDERSON AND BODWELL 120 EXPRESS STREET, PLAINVIEW, NEW YORK 11803 516-935-8870 FAX: 516-935-8760 ,di January 5, 1987 Mr. James Monsell , Superintendent of Public Utilities Village of Greenport 236 Third Street # P.O. Box A.R. Greenport, NY 11944 Re : Cliffside - Southold , NY I Dear Jim: r � As requested, I have calculated the water usage for the above y referenced project to be included with the application for I'. . t 1,. water service from the Village of Greenport. s The water demand breaks down in the following manner: �v r, 1 ) Average Daily Flow: 76 units x 2.5 people/unit x 100 gpd/capita = 19 ,000 gpd 2 ) Peak Day Demand= 2x average daily flow or 2x 19 ,000 gpd = 38 ,000 gpd 3 ) Peak pour Demand = 4 x 1 hr. of average daily flow or zc 19 ,000 gpd/24 hr x 4 = 3 ,200 gallon/hr. 4 r ,• As indicated on the plans , all interior mains will be 8" and , . will be connected to the existing 12" water main on Middle Road. z Fire protection will be via one existing hydrant on Middle r ,. Road and three proposed hydrants located within the project. Ellov 1 vrar�r�irs��s_ SEWER TREATMENT AGREEMENT AGREEMENT made thisZG day of 1987 by and between the Village of Greenport, a municipal corporation in Suffolk County having its office and principal place of business at 236 Third Street, Greenport, New York, herein called the "VILLAGE" , and CLIFFSIDE ASSOCIATES , a limited partnership with principal offices located at 72 North Ocean Avenue , Patchogue, N.Y.: 11772 , herein called the "OWNER" . WHEREAS , the VILLAGE owns and operates a municipal sanitation sewage treatment plant and collection system within its terri- torial boundaries, WHEREAS , the OWNER is desirous of securing a sewage collec- tion system and/or water line for the project to be developed at the property shown on the map and preliminary site plan, attached hereto, made a part hereof and marked Exhibit "A" , and WHEREAS the OWNER is willing at its cost and expense to lay and install or cause to be laid and installed the sewage collec- tion system and/or water line described on the map and preliminary plan and to transfer and convey same to the VILLAGE upon comple- tion and if necessary and to give and procure easements for the maintenance of said sewage collection system and/or water line, and WHEREAS , the VILLAGE is willing to collect the sewage from LAW OFFICES OF JOHN J.MUNZEL. S ROANOKE AVENUE RIVEAKEAD.NEW YORK L L901 the project, and the parties have agreed upon the terms and con- ditions of collection of sewage and other matters , and WHEREAS the OWNER is the owner in fee of certain premises which premises are shown generally on a map and preliminary plan annexed hereto, made a part hereof and marked Exhibit "A" , and entitled "Cliffside" , and WHEREAS OWNER is about to commence a development known as "Cliffside" at Town of Southold, New York and wishes to construct a sewage collection facility and/or water line on the certain rights of way on a certain map entitled "Cliffside", consisting of one ( 1 ) drawing , which are attached hereto, made a part hereof , and marked Exhibit "B" , and to connect with the Village Sewage treatment System marked Exhibit "C" . NOW, THEREFORE, in consideration of the premises and cove- nants herein , it is mutually agreed as follows: FIRST. OWNER will install at its own cost and expense, sewage collection system for the collection of sewage throughout the development as more fully shown on the Exhibit "D" attached hereto, prepared by Henderson & Bodwell, dated 1/8/87. Said installation shall be in conformity with the agreement herein and the rules and regulations of the VILLAGE. SECOND. Locations of all sewage collection facilities and appurtenances are shown on a copy of the map entitled Village of Greenport, Sewer System, THIRD. All necessary engineering work, trenching, laying, '_AW OFFICE5 OF JHN J.MUNZEL ROANOKE AVENUE CRNEAO.NEW VORK 11901 joining, backfilling shall be done by OWNER and shall sometimes hereinafter be called "WORK" . FOURTH. The standards for the installation of the piping shall be in accordance with the following specifications. The water demand: 1 ) Average Daily Flow: 76 units x 2. 5 people/unit x 100 gpd/capi.ta = 19 , 000 gpd 2 ) Peak Day Demand: 2x average daily flow or 2x 19 , 000 gpd = 38 ,000 gpd 3 ) Peak Hour Demand: 4 x 1 hr. of average daily flow or 19 , 000 gpd/24 hr. x 4 = 3 , 200 gallon/hr. FIFTH. The VILLAGE will supply without charge to OWNER suf- ficient water to make essential tests and to leave the system on final approval completely sanitary, said supply to be not less than 160 pounds per square inch. SIXTH. The work shall be inspected by the VILLAGE which hereby delegates its Superintendent of Utilities or his designee full power of inspection hereunder . OWNER will grant complete freedom of access to all parts of the premises and the WORK for inspection. The VILLAGE will have an authorized inspector at the site at all proper times so as not to delay the work. No work not passed by the inspector will be accepted by the VILLAGE. No back- filling shall be done until the pipe and the work in the trench has been approved and tested by the inspector. LAW OFFICES OF JOHN J.MUNZEL S ROANOKE AVENUE RIVERHEAO.NEW YORK 11WI SEVENTH. OWNER will , and by this agreement does , upon approval of the completed work, which the VILLAGE will indicate to the OWNER in writing dedicate the sewage collection facility and/or water line to the VILLAGE, and does hereby grant and convey to the VILLAGE an easement and right of wav for the purpose of laying, relaying, repairing , operatinq and maintaining sewage collection facility both supply and distribution, and appurtenan- ces , including domestic services in the full length and width of what is now or hereafter existing public or private streets in the premises as shown on the attached map The rights of way and easements shall also extend five feet on either side of the mains to be laid pursuant to this agreement, whether or not such distance shall be within the roadway. The mains and appurtenances and the rights of way and easements shall be deeded to the VILLAGE, its successors or assigns. and shall forever remain the property of the VILLAGE, its successors or assigns . EIGHTH. The easements herein granted are not exclusive, an other easements in said streets may be granted by OWNER to other persons or corporations maintaining public services throughout the development, provided that no other mains are set within two feet of the sewage treatment facilities and no poles are set into the ground within two feet either side of a line on the surface directly above the mains . If a gas , water or other main or ser- vice necessarily crosses the sewage collection facility OWNER will advise the VILLAGE in writing of the exact location of the inter- l W OFFICES OF JOM J.MUNZEL 5 ROANOKE AVENUE RIVERHEAD.NEW YORK 11WI section forthwith upon installation and shall supply maps to the VILLAGE showing the exact locations . Said intersections shall not be permitted without prior written consent of the VILLAGE. NINTH. If OWNER contracts with a third party for the WORK, as the parties contemplate will be the case, the VILLAGE will exa- mine the proposed contract , plans , and specifications , and promptly furnish OWNER and the third party contractor with a writ- ten statement of what part, if any, of the WORK proposed to such contract should be revised to insure approval by the VILLAGE. The VILLAGE will not require any abnormal conditions , unless the situation at the site shall require them. TENTH. Upon completion , inspection and approval the VILLAGE will collect the sewage from the development and the owners of the lands therein at the rates and pursuant to the rules and regula- tions of the VILLAGE in force from time to time. ELEVENTH. The parties understand that final approval of the OWNER ' S applications has not been given by all necessary public authorities . The VILLAGE enters into this agreement to assist OWNER in securing such approval , and by way of contrac- tually assuring to OWNER public sewage system if said applications are approved. TWELFTH. The VILLAGE shall require a cash payment of seven hundred two ( 702. 00 ) dollars per motel unit to be recorded as a consumer hook-up deposit and placed in a key money reserve account LWOFME50F to help maintain and expand the sewage treatment facilities of the JOHN J.MUNZFL 8 ROANOKE AVENUE l ERHEAO.NEW VORK 1190f VILLAGE as may be necessary from time to time so as to assure OWNER of future adequate sewage disposal. It is contemplated by this contract that the OWNER anticipates construction of 76 motel units. Upon execution of this agreement, the OWNER shall deposit with the VILLAGE the sum of seven hundred two ( $702 . 00 ) dollars times 76 motel units for the total of fifty three thousand three hundred fifty-two ($53 , 352 . 00 ) in bank or certified check. This per motel unit amount may be amended from' time to time, depending on findings by the VILLAGE 'S consulting 'engi- neers , Holzmacher , McLendon and Murrell , P.C. or their successors and upon approval by the Village Board of Trustees. In the event that the per motel unit cost is increased or decreased between the execution of this agreement and the application for sewer hook-up, the OWNER shall pay the VILLAGE, upon application for sewer hook- up, the difference between the per motel unit amount specified herein and the per motel unit amount required by the VILLAGE at the time of the application for sewer hook-up times the number of motel units covered by said application. Said payment shall be in bank or certified check and shall be paid to the VILLAGE prior to any hook-up for sewerage. In the event that the OWNER does not complete the project as contemplated by this agreement or does not make application for the full number of motel units allotted or specified herein, the VILLAGE shall keep all funds so deposited by the VILLAGE as the sole exclusive property of the VILLAGE and the OWNERS shall have no claim thereon. LAW OFFICES OF JOHN J.MUNZE. b ROANOKE AVENUE iERHEAO,NEW YORK 11SOt Notwithstanding the above, in the event that the Town of Southold does not approve the application of OWNER, the VILLAGE will refund the aforementioned amounts with thirty ( 30 ) days of receipt of notice of disapproval. THIRTEENTH. The WORK contemplated by this agreement shall be completed within 24 months of final approval of plans by the Town of Southold, or within additional periods of 24 months each, however , it is hereby mutually agreed and understood that all spe- cifications in reference to materials used for the construction of said system, WORK to be completed, and/or sewage collection faci- lity shall be changed to conform with the then current standards as set by the Village of Greenport Sewage Department, its suc- cessor, or its authorized agent at each such interval. FOURTEENTH. The OWNER agrees that upon completion of the WORK in accordance with any contract made pursuant hereto, title to the sewage collection facility so installed and laid shall be deemed to the be in the VILLAGE, and the OWNER shall in confir- mation of such passage of title, execute an instrument trans- ferring and assigning to the Sewage Collection Facility the title , free and clear of all encumbrances or liens to the sewer lines so laid and installed and if dwelling units allotted or specified herein , the VILLAGE shall keep all funds so deposited by the VILLAGE as the sole exclusive property of required by the VILLAGE shall procure from all persons having an interest in the land in which said sewage collection facilities so lie a proper easement LAW OFFICES OF JOHN J.MUNZEL S ROANOKE AVENUE RIVERHEAD,NEW VORK 11901 in favor of the VILLAGE for the perpetual maintenance, repair or replacement of said sewage collection facility including the right to extend the facility and to connect them with other facilities as to be laid by or under the supervision of the VILLAGE. The instruments so executed shall be in recordable form. FIFTEENTH. The VILLAGE agrees that when the installation of the sewage collection facility has been completed, pursuant to the terms of this agreement, and proper easements have been give, all as hereinbefore provided, the VILLAGE will accept the assignment and conveyance of the sewage collection facility and maintain them thereafter and collect sewage for the consumers subject to con- ditions , rates , rules and regulations of the VILLAGE. SIXTEENTH. Should the OWNER desire to lay a sewer collection facility in sections , separate construction contracts may be let for such sections providing the extent of such separate sections shall be in the opinion of the VILLAGE sufficient to warrant a separate consideration and shall be in the best interests of the overall sewage collection system of the VILLAGE. SEVENTEENTH. This agreement contains the complete agreement between the parties for the acquisition by the VILLAGE of the sewage collection system, and the OWNER agrees that it will not make any claims against the VILLAGE on account of the installation of the sewage collection system and acceptance of the terms of this agreement, notwithstanding the provisions of any general or special law to the contrary which may or may not be enacted. LAW OFFICES OF JOHN J.MUNZEL S ROANOKE AVENUE RWERMEAO.NEW VORK 11901 EIGHTEENTH. This agreement shall inure to the benefit and shall bind the respective heirs , legal representatives , successors or assigns of the parties hereto. NINETEENTH. This agreement shall not be assiqnable by the OWNER without the consent in writing of the VILLAGE which consent shall not be unreasonably withheld. IN WITNESS WHEREOF. the parties have executed this agreement n four ( 4 ) counterparts , all of which shall constitute originals , th day and year first above written . ATTEST: p VILLAGE OF GREENPORT Clerk Georg W. Hubbard, Mayor CLIFFSIDE ASSORT TES, a limited partnership by: NEIL ESPOSITO LAW OFFICES OF JOHN J.MUNZEL 9 ROANOKE AVENUE RIVERREAD.NEW VORK 11901 STATE OF NEW YORK) COUNTY OF SUFFOLK) On the / V�_ day of February, 1987 , before me personally came NEIL ESPOSITO, general partner of the limited partnership known as CLIFFSIDE ASSOCIATES to me known and known to me to be the indi- vidual described in and who executed the foregoing instrument, and acknowledged that they executed the same, and that he was authorized to execute said document. NOT a^( ',,",. : .-. ! - '_:A NOTARY PUBLIC -- No. 52 - i o C 10 STATE OF NEW YORi) COUNTY OF SUFFOLK) On the �� day 1987 , before me personally came GEORGE W. HUBBARD to me known, who, being duly sworn, did depose and say the he resides at No. 178 Central Avenue, Greenport, New York 11944 , that he is the Mavor of the Incorporated Village of Greenport, the municipal corporation described in and which exe- cuted the foregoing instrument; that he knows the seal of said instrument is such corporate seal; that it was so affixed by order of the Board of Directors or said corporation, and the he signed his name by like order .NANCY p NOTE UBLIC,S�eNof N.Y NOTARY PUB LF Suffolk Co.No.4735151 Term Fxp res fa»p 30,R& LAW OFFICES OF JOHN J.MUNZEL SIB ROANOKE AVENUE RIVERNEAO.NEW YORK 11901 Mr. Orlowski: Oppo ? So ordered. • ********** Mr. Orlowski: Cliffside/Tidemark - Board to review revised maps dated May 10, 1989. This site plan is on 7 . 132 acres located at Southold. SCTM #1000-45-1-1 . Mr. Ward: I think we are in a position to O.K. our comments to the Zoning Board of Appeals for the special exception, subject that the side yard should be shown at the 30 foot setbacks, not presently shown at the 20 foot. Mr. Orlowski: I think there were a couple of other revisions. Did you have something else on here? Mr. Ward: There are other minor revisions that we have identified on the map along with the setbacks that should be transmitted back to the applicant and the ZBA should be sufficient. Mr. Raynor: Mr. Ward, you have reference to the West .property line. The East property line the buildings are beyond the 30 foot. Mr. Ward: O.K. Mr. Orlowski: Motion made and seconded to send to the Zoning Board of Appeals. Any questions on the motion? Mr. Raynor: Mr. Chairman, I ask that you re-evaluate it as already certified by the building inspectors office but the revisions for this plan by that office subject to acceptance by the ZBA. All I am requesting that the board to do, is at the time they send over for the special exception to the ZBA, the site plan that you have before you, that you also send a copy over to the building inspector. The building inspector' s office has already certified the prior plan and we would like him to at least be knowledgeable about what is going on in addition to Your board as well as the ZBA so they can certify this new claim. Mr. Orlowski: Will they be amended as we requested just now? Mr. Raynor: I don' t see any particular problem. Mr. Orlowski: You can carry that over yourself you know. Mr. Raynor: I don' t think the building inspector' s office will review it until such time they have some type of correspondence from your board. Mr. Latham: I move we send it over to be revised subject to those changes. sNNING BOARD PAGE 13 MAY 15, 1989 Mr. Ward: Second. Mr. Orlowski : Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Latham, Mr. Mullen, Mr. Ward, Mr. Orlowski. Mr. Orlowski: Opposed? So moved. Mr. Orlowski: The Shoppes at Mattituck - Board to discuss this site plan with the applicant. This site plan is located on the Corner of Cox Neck Road and County Route 48 at Mattituck. SCTM #1000-121-2-1. Is anyone here representing the applicant? . . -- SOUTHOLD TOWN PLANNING BQARD PAGE 10 • � FEBRUARY 27, 1989 Mr. Moore: Would that all be in section 2 Mr. Ward? We're going to change the one acre zoning over to section 2? Mr. Ward: I 'm not sure where your section lines are but it probably is. Are the upper areas all section? Mr. Moore: The section 1 and the section 2 are divided by Sunset Lane, generally. Mr. Orlowski: Could be a question there too. The master plan is adoped, it' s all two acres down there. Just something for You to think about. O.K. , I have a motion made. Mr. Latham: I ' ll second it. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Latham, Mr. Mullen, Mr. Ward, Mr. Edwards, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Next we have Cove Beach Estates = Board to review the granting of a sixtyhe three day extension, from April 2, 1989 to June 5, 1989 for t preparation of the Final Environmental Impact Statement by David Emilita for this major subdivision located at East Marion. SCTM #1000-22-3-15.1 & 18. 3 . Mr. Orlowski: What is the pleasure of the board? Mr. Ward: When is it up? Ms. Spiro: It' s up April 2. You don' t have to give the extension tonight if you don't want to. Mr. Ward: I would rather get back to Mr. Emilita, I just feel it' s an unreasonable length of time. Mr. Orlowski: O.K. , then we will wait until the next meeting. ? Mr. Ward: Yes. Mr. Orlowski: O.K. Mr. Orlowski: Next we have Cliffside/Tidemark - Board to review the Final Impact Statement. SCTM *1000-45-1-1. Mr. Henry Raynor: I understand this is the end of the public comment period. On behalf of the applicant I have some comments with regard to the FEIS prepared by Szepatowski Associatres. The board is well aware that the application in its present form has already been in in, excess of four years. This project I fflOLD TOWN PLANNING BOO PAGE 11 CUARY 27, 1989 should express the need demonstrated by the township. At the suggestion of the Planning Board, this project is reverted from a condominium proposal to now the existing resort residential. Time elements involved already have become something of a financial hardship to the applicant. In reviewing the FEIS there appears there has been no inclusion of the engineering and traffic study updates prepared by Henderson and Bodwell. These include many mitigating measures that they have addressed. Quite honestly the preparation of this FEIS by Szepatowski Associates, at the applicants expense, is something like shooting yourself in the head, after you've got the gun and ammunition paid for. However, I would like to address specifically my comments to an undated memo by the Town Planner to the Zoning Board of Appeals and they are specific and they would have reference with the final comments that are in the document itself. The heading under traffic while the left hand turn design revisions are addressed to mitigate traffic concerns, the comments in the FEIS do not state whether or not these are adequate. The traffic study update by Henderson and Bodwell has not been commented on and these further mitigating concerns with regard to traffic. Under visual impact any direct proposal for further plantings within a reasonable manner, will be adhered to. We find no problem with that at all. The trees in question are already standing, they exist on site, and will not require the creation of a separate irrigation system. Water contracts already exist on the property with the Village of Greenport with the reference to the stressed system certainly is not within findings of FEIS. It could be construed to be injurious to the applicant' s submission. As stated before in comment four on a planting schedule, we would be happy to accomodate. Reduction in size and the number of units can be partially accomodated. The proposed ordinance under residential resort calls for 250 square feet per unit. The project could be sized closer to this. The reduction in the number cannot be justified under the economic projections of this project and is "as of right" , under the town ordinance. The surrounding building which were questioned as these are to be two story buildings and it says that it is not within keeping of the neighborhood. This is incorrect. You have to the East which is the Sunset Motel, which is a multi-story building, you have to the South, San Simeon Nursing Home, which is also multi-story building. Item seven goes back to planning again, we would be happy to accomodate this. Buffering the vegetation again and I remain for it exists and we would stipulate that the finished product in the job will certainly adhere to the 100 ft. setback that is requested. The question of the disturbance of residence on southwest of the property cannot be adversely affected. You have a provision on the 100-132 that prohibites this. Under the category of water supply and sewerage, more recharge will be retained on site as presently exists because the run off of the slopes. We' re well aware that this has to be held on site. There has been discussion on this on-site ground water, this is irrelevant, there will be no withdrawal as there is no proposal for such. Under the subject of recharge, the installation of ovulnuLL 'TOWN PANNING BOARD • PAGE 12 • FEBRUARY 27 • 1989 drainage pools will greatly enhance the total recharge of11hearea and this will be done by holding the run- off thatpresently goes into the sound. By the increase in the bu area which you've already discussed the recharge area will be greatly increased assuring an extra safety factor with regard to drainage. The suggestion construction of a wood walkway is an excellent idea, I 'm glad somebody came up with it. . I 'll be happy to incorporate it in future submission. Under the development alternatives number one, a traffic impact update information whould be restudied, especially with reference to Henderson and Bodwell updated study. Reduce building and lot coverage can be achieved if this is proposed in a reasonable manner. The reduction of unit size can be achieved, but again the question of numbers makes the project what is is. The water and sewage alternatives are somewhat invalid, because this project in itself already complies with the Village of Greenport contracts. The applicant would be willing to install any water saving devices that would be availabe for installation. There has been no consideration or information requested by the Szepatowski Associates with regard to the economic with regard to unit density. concerns, Szepatowski's report proposes a reduction to 450 sq.ft. per unit, this is 400 sq. ft. below what's acceptable under the resort residential designation, which is 850 sq. ft. . Mr. Orlowski: These are only motel units though. Mr. Raynor: We're talking about resort residential. That' s what it's zoned for. We 're looking to devise a resort that is just that, a resort, a suite type of resort, where 450 ft. as proposed by Szepatowski just won' t cut it. Mr. Orlowski: You're not looking to make this a condominium later and just sell it off as a single and separate ----, Mr. Raynor: All I can tell you is, I can represent. . . . I 've been given a design to be a residential resort and one of the examples was given to me by the attorney today who just came back from Mt. Snow, up skiing where they have a bedroom suite combination with a large off-set bathroom and these run anywhere from 600 to 900 sq. ft. . The traffic update as submitted and reviewed under the FEIS, is not fully done because I do not feel that they have taken into consideration the supplement given by Henderson and Bodwell. I will be happy to accomodate the visual impact as discussed. Again, the size of the units can be accomodated this in turn creates a small footprint with regard to the size of building envelopes. the Density is a resul t of economic board rations to d should -be adhered to and we would ask the consider adhering to what is the applicants as of right. We don' t feel that this has been the least bit considered in a set FEIS. The -shortened FEIS should be designed for environmental ;I OLD TOWN PLANNING BOP* PAGE 13 OBRUARY 27, 1989 considerations not a whipping board to reduce the density as permitted under the Town ordinance. Any reference to size or density is unwarranted, it' s already spelled out by the Town Code. Prior to accepting this FEIS by Szepatowski, I would urge the Board to study the mitigating measure submitted. Thank you for your time. Mr. Ward: Mr. Raynor, you had mentioned in your discussion of 250 sq. ft. . What is that a reduction per unit you were talking about? Mr. Raynor: No. 450 sq. ft. . Mr. Ward: No, you had said earlier, I wrote it down, you said the units could be something to 250 sq. ft. ? Mr. Raynor: One of the site plans that was discussed and unfortunately not the most current that was reviewed in this document goes back to prior 1985, when this was considered as a condominium development and the sizing of these units was in excess of 1000 ft. to probably 1100 sq. ft. , that would be the reason. The ordinance brings it down to the 150 sq. ft. as a minimum, and we' re happy to adhere to that. Does that answer your question? I think somewhere in the transition between the condominium proposal and its reversion to a resort residential proposal something has been lost in the FEIS. Thank you for your consideration. Mr. Orlowski: What is the pleasure of the board in regards to this Final Environmental Impact Statement? Do you have any comments on that Ms. Scopaz? Ms. Scopaz: No. Mr. Ward: I make a motion that we accept the findings. Mr. Mullen: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. Edwards, Mr. Mullen, Mr. Latham, Mr. Orlowski Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Long Pond Estates, Section II - Board to make a determination on the Suffolk County Planning Commission report dated February 2, 1989. This major subdivision is on 29. 87 acres located at Southold. SCTM #1000-56-1-p/02. Mr. Orlowski: What' s the pleasure of the board? Mr. Mullen: Recommend adoption. PLANNING BOARD • PAGE 12 * MAY 15,1989 Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Cliffside/Tidemark - Board to review revised maps dated May 10, 1989. This site plan is on 7. 132 acres located at Southold. SCTM #1000-45-1-1. Mr. Ward: I think we are in a position to O.R. our comments to the Zoning Board of Appeals for the special exception, subject that the side yard should be shown at the 30 foot setbacks, not presently shown at the 20 foot. Mr. Orlowski: I think there were a couple of other revisions. Did you have something else on here? Mr. Ward: There are other minor revisions that we have identified on the map along with the setbacks that should be transmitted back to the applicant and the ZBA should be sufficient. Mr. Raynor: Mr. Ward, you have reference to the West -property line. The East property line the buildings are beyond the 30 foot. Mr. Ward: O.K. Mr. Orlowski: Motion made and seconded to send to the Zoning Board of Appeals. Any questions on the motion? Mr. Raynor: Mr. Chairman, I ask that you re-evaluate it as already certified by the building inspectors office but the revisions for this plan by that office subject to acceptance by the ZBA. All I am requesting that the board to do, is at the time they send over for the special exception to the ZBA, the site plan that you have before you, that you also send a copy over to the building inspector. The building inspector' s office has already certified the prior plan and we would like him to at least be knowledgeable about what is going on in addition to Your board as well as the ZBA so they can certify this new claim. Mr. Orlowski: Will they be amended as we requested just now? Mr. Raynor: I don' t see any particular problem. Mr. Orlowski: You can carry that over yourself you know. Mr. -Raynor: I don' t think the building inspector' s office will review it until such time they have some type of correspondence from your board. Mr. Latham: I move we send it over to be revised subject to those changes. ING BOARD . PAGE 13 !MAY 15, 1989 Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Latham, Mr. Mullen, Mr. Ward, Mr. Orlowski. Mr. Orlowski: Opposed? So moved. Mr. Orlowski: The Sho pes at Mattituck - Board to discuss this site plan with the applicant. This site plan is located on the Corner of Cox Neck Road and County Route 48 at Mattituck. SCTM #1000-121-2-1. Is anyone here representing the applicant? Mr. Lewandowski: I'm here with the owner and he has asked me to speak to the board. What happened, unfortunately, about a year ago I was contacted by the architect to stake out a proposed well for the site which I did. They sent a plan at that time and I staked it out and about two months ago the property was sold and the new owners acquired the plans from the architect for the new building. Unfortunately, from the time I did the original stakeout and the new owner took over there was a change in site plan. Unknown to either one of us, Mr. McCovell got in . contact with me by phone and asked me to stake out the building, he was in a hurry to get started, and I did. Unfortunately, we never got together to compare site plans, and I had used the wrong site plans to stake it out. I understand that there is no violation of the building set-back and there is room to fit the required parking in. I realize that the town has approved the site plan and I realize how much work and effort goes into that, but since there is room to do it, we were hoping that the Planning Board would.reconsider a new proposed site plan. Mr. Orlowski: Does the board have any comments or questions? Mr. Ward: I didn' t really see it. Mr. Lewandowski: There is adequate room, it just has to be revised. Mr. Orlowski: The parking in the back is not the way we wanted it. If you remember we changed it in the beginning. Mr. Ward: Part of the problem with it is it' s going to make a very tight corner at the back rear corner compared to what was originally proposed. What would have to be done if you want to pursue it, our feelings are after looking at it was that we weren' t in favor of it. If you want to pursue and show a whole site plan to show everything here, what the radius is and everything would be, then we would take a look at it further if you wish to do that. It' s a little sketchy as to what is shown to us here now. gpfFO(,� APPEALS BOARD MEMBERS O� CQ SCOTT L.HARRIS Gerard P.Goehringer,Chairman c Supervisor Charles Grigonis,Jr. Go p ATown Hall, o Main Road Serge Doyen,Jr. j, • a'F P.O.Box 1179 James Dinizio,Jr. ��l �� 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 JULY 1992 PLEASE NOTE THAT THE RECORD UNDER APPLICATION NO. 4039 FOR CLIFFSIDE ASSOCIATES also includes, but is not limited, to the following: a) copies from Building Permit files and records concerning this property, and Notice of Disapproval file information; b) copies from Planning Board site plan files and records concerning this property; c) prior Special Exception record for transient motel use with manager' s units, as well as maps which do not show kitchenettes and hearing transcripts, etc. d) all other town records (such as copies from Assessors Office files and other written documentation pertaining to this property from Town Hall records) . �\ RICHARD T. HAEFELI ,\ ATTORNEY d COUNSELOR AT LAW 164 MAIN STREET \/ P.O. BOX 1112 WESTHAM PTON 5 EACH, N EW YOR K 11076 516- 266-5466 TELECOPIER November 13, 1991 (516) 266-$474 Gerard P.Goehringer, Chairman Southold Town Board of Zoning Appeals NOV 15 i Town Hall, 53095 Main Road P.O. Box 1179 Southold,New York 11971 Re: Application of Cliffside Associates Dear Mr.Goehringer. I've received the notice indicating that the above matter has been scheduled for a hearing on November 21, 1991. Pee be advised that my client wishes at this time to adjourn this matter until sometime after April !1992. Thank you for courtesies in this matter. Very truly yours, Richard T. aefell RTH:nh c.c. Kenneth J. Tedaldi co PLANNING BOARD MEMBERS ca at SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman Oy �.g Supervisor George Ritchie Latham, Jr. a0 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 Fq MEMORANDUMmv memo TO: Gerard P. Goehringer, Chairman Zoning Board of Appeals FROM: Bennett Orlowski, Jr. Chairman RE: Appeal No. 4039 by Cliffside Associates Cliffside/Tidemark Motel County Route 48, Southold SCTM # 1000-45-1-1 DATE: November 8, 1991 The Planning Board wishes to convey its opposition to the request of the owner of Cliffside/Tidemark Motel for a favorable interpretation of the Zoning Code so as to permit the granting of a variance to install cooking facilities (kitchens, kitchenettes) in the motel units. The reasons for the Board' s position are as follows: The 68-unit hotel complex received site plan approval on December 18, 1989. The site is approximately 7.002 acres or 305,005 square feet in area. Construction of 68 unit motel or time-share units, each 600 square feet in size, and with two bedrooms apiece, will result in a site density equivalent to 9.7 units to the acre. The Resort Residential zoning district provides for a maximum density of 10.89 units to the acre (one unit for every 4,000 square feet of land area) , provided water and sewerage services are available. By way of comparison, the maximum residential density allowed by the Zoning Code is four units to the acre in the Hamlet Density district (formerly the Multiple Residential district) . Only one residential project, Founder' s Village, has more units to the acre. However, those units are restricted to two residents apiece because of a Health Department variance. In the Resort Residential zoning district, there is no restriction on the number of residents per unit. However the applicant chooses to define the terms "cooking facilities" , "kitchen" , "kitchenettes" (with or without a microwave, hot plate, small refrigerator, wet bar, small cupboard, small sink, etc. ) , the addition of same will change the purpose of the project from a resort motel or, more accurately a condo- or time-share motel to a regular residential dwelling unit complex. Granting the right to have kitchens, kitchenettes or cooking facilities, however the terms are defined by the Zoning Board, could set the stage for the conversion of these units from motel time-share units to year-round dwelling units. This is contrary to the intent of the Resort Residential zoning district. In effect, allowing the installation of cooking facilities, kitchens and kitchenettes in 68 units on a seven acre parcel will be granting the project owner a benefit that: 1) is not enjoyed by any other residential complex in any zoning district, and 2) is not enjoyed by any other approved resort motel or hotel complex within Southold Town to the best of our knowledge. If there are such facilities in existance, perhaps there should be an investigation into whether they have been installed legally. Finally, the Planning Board' s approval of this project was in keeping with the findings of the Final Environmental Impact Statement, which was adopted on February 27, 1989. If your office did not receive this document in 1989 as part of the coordinated review, the office staff will supply you with a copy. cc: Victor Lessard, Principal Building Inspector I 8 - November 21, 1991 lic Hearing - Peter & Marie Pizzarelli Sou old Z.B.A. MR PIZZ LLI, cont'd: building that they saw ten years a and every ing that's in there is the same. CHAIRMAN GOE INGER: Thank you again. Yes Lydia? MS TOTORA: I wil ead for the record and then it to you for the record on Oc ber 18, 1987, Southold n Planning Board, Attention Valeri Scopaz, regarding oposed set-off for Pizzarelli, Peconic, York. Dear s. Scopaz, On behalf of Peter and Marie Pi arelli respectfully request that you take a few minutes to ook ver the enclosed map and our sketched in proposal for a s off on part of their lot, lot number three. That' s numb o Number two. Here is a copy of the plans that were pproved, they have the stamp of the approval of the Sout d Town Buil Ing Department, dated 9/24/82, in the plans a entire kitchen ea is x'd out. I submit both of the for the record. Than ou. CHAIRMAN GOE NGER: Thank you. Is there thin else that any one w d like to report. Seeing no hands I ke a motion osing the hearing reserving decision until ter. in Favor - AYE. Appl. No. 4039 Applicant(s) : Cliffside Associates Location of Property: 61475 County Rd 48, Greenport, NY County Tax Map No. : 1000-45-1-1 & 2 The Chairman postponed the hearing at 7: 50 p.m. at the request of the Attorneys until further notice. . No. 4066SE Appl nt(s) : William C. Goodale Locatio f Property: 7655 Main Road, Mattituck County Tax No. : 1000-122-6-30 .1 The Chairman ened the hearing at 2 p.m. and read the notice of hearin nd applicatio or the record. CHAIRMAN GOEHRINGER: I hav a opy of a site plan produced by Garret Strang. The most a nt date is 10/25/91, indicating the specific anges t t will be required in this application. And I e a copy of folk County Tax Map indicating this a surrounding proper s in the area. Mr. McLaughlin I erstand. MR MCL LIN: Members of the Board, my name is vin McLa lin and I'm here on behalf of Mr. Goodale rep enting " .. - h' in this special exception application. As the Chai n ob� STATE OF NEW YORK) permission to establish new use for )SS�, outside,on-ptcmises motor vehicle COUNTY OF SUIfO1.K) sales and leasing,and related business NOTICE OF HEARINGS office,in conjunction with pre-axist- .NOTICE IS HEREBY GIVEN, ing nonconforming residential use. of Maltllu0ks In�(y � yl- pursuant to Section 267 of the Town The subject premises is located in the �It �r4�.J��(/. Law and the Code of the Town of "B"General Business Zane District laid County,being duly sworn,am that hahhe Is principal Southold,the following matters will and a Pre-Certificate of Occupancy be held for public hearings before the indicates that the premises has been Clark of THE SUFFOLK TIMES, a Weakly Newspaper, SOUTHOLD TOWN BOARD OF improved and occupied with iwo published at Mattluek, In tho Town of Southold,County of APPEALS at the Southold Town Principal buildings,each with one sin- Hill, 53095 Main Road, Southold, gle-family dwelling use.This parcel Suffolk and State of Now York,and that the Notice of which NY 11971, on THURSDAY. NO. contains a la arc&of 36,155 sq. ft. ,not lot width of 120 feet.Location car the amazed b a plated copy,has Men regularly publMted M VEMBER 21.ci ied b commencing at Property:7655 Main Road, Laurel, sold Newspaper once each week for weeks the lima specified below: fOPe Y� (1)7:20 m. A 1. No. 4064— NY; County Tax Map Parcel No. P PP IODD-122.0&30.1(or30). fUCCesalVely, commencing on the day of MR.AND MRS.WII-LIAM R. AH- MUTY III. Variance to the Zoning (5)8:00 p.m. Appl. No. 3970— � -jJ- 9-1-L Ordinance, Article XXIII,Section McDONALD'S CORPORATION. 100.239.4B for permission to con- (Owner:Colson Realty Co.)for a stsuct addition at the rear of existing Special Exception to the Zoning Ordi- principal building with a reduced set- stance,to establish fast-food rattan- back from the existing bulkhead(and rant with drive-through (or drive-up) .G ytcrease of the degree or square window subject to the requirement footage of nonconformance although of Article X.Section ]OD-IOIB and ! principal Clark maintaining the same nonconformi- subject to site plan approval by the tics at the side yards).Zone District: Tow"Harming Board.Subject lot,as R-40 Low-Density ResidentisL Loca- exists,is conforming u to lot size in tion of Property: 3405 Bayshore this General Business (B)Zone Dis- trict. Road, Greenport,NY; County Tax Location of Site:South Side Sword to before me this Map District 1000.Section 53.Block Main Read (State Route 25).Matti- 6,Let 10. tuck,NY;County Tax Map District day Of �/L�Yr/ 1g /� (2) 7:25 p.m. Appl. No. 4063. I000,Section 122,Block 07.I.m 3.1. PETER AND MARIE P12ZARELU The Bard of Appeals will at said AUCE C.MacDONALD Variance to the ZoningOrdinance, time and place hear any and all per- Nonry Public;Stotts of New York Article M.Section 100.31A(1)for sou or representatives desiring to be No.4879381 permission to change use of an ex- hard in the above matters. Written Qualified In Suffolk Countyp� � isting accessory building from strictly comments may also be submitted CommieBkM Expires Dan-S.18 sleeping quarters use to single-family poor to the conclusion of the subject dwelling use and occupancy with hearing. Each hearing will not sun cooking/kitchen facilities.The subject more the times designated.For mom premises is located in the R-80 Rai- information,please all 765-1809. dential Zone District and contains a Dated:October 31,1991. _fotal are of 2.979 acres,as shown on BY ORDER OF THE SOUTHOLD tRe Minor Subdivision Map before TOWN BOARD OF APPEALS the.Town Planning Board dated GERARD P.GOEHRINGER - August 12,1982(Lot e3).Location of CHAIRMAN ' Property: Private right-of-way 7210-ITNl4 By Linda Kowalski extending from the tough side of Indi- an Neck Road,Pecadc,NY.County Tar Map Parcel No.98-5-14.3. (3)7:35-p.m. Appl.No. 4039— CLIFFSIDE ASSOCIATES.Appeal for an Interpretation under the Deft- ninon Section of the Zoning Code, Article I,Section IOD-13 as noticed to the adjoining property owners,as per- tains to dwelling and/or motel uses, and the installation of cooking facili- ties(kitchenettes). Location of Prop- try:61475 County Road 48,Green- port,NY,Camry Tax Map Parcel ID 1000-045-01.001 &002(2.1), con- _*ning approximately 7.5 acres.Zone District:Resort Residential(RR).The subject promises was the subject of a - ! conditional approval under Appl.No. 3542 in which a Special Exception was requested for motel units (with- out maps or plant for individual kitchenettes or dwelling uses). \` (4)730 p.m.Appl.No.40665E— WILLIAM C. GOODALE.Special Exception to the Zoning Ordinance, Article X,Section 100.1018(12)for t NOTICE OF HEARINGS �[ acres. Zone I]�ict: Resort Residential ( e subject COUNTY OF SUFFOLK� (O I1�° OTICE IS HEREBY GIV- premises was the subject of a STATE 01: NEW YORK s EN,pursuant to Section 267 of conditional approval under the Town Law and the Code of Appl. No. 3542 in which a the 7bwn of Southold, the Special Exception was requested following matters will be held for mote,units(without maps or Patricia Wood,* being dui sworn says that she is the for public hearings before the $ Y y SOUTHOLDTOWNBOARD plans for individual Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, OF APPEALS at the Southold or dwelling:50 p s). a public newspaper rinted at Southold, in Suffolk County; 7bwn Hall, 53095 Main Road, (4) 7:50 p.m. Appl. No. PP , Southold, NY 119n on 4066SE- WILLIAM C. and that the notice of which the annexed is a printed copy, THURSDAY,NOVEMBER2l, GOO DALE.SpeeialException iris been to the Zoning Ordinarim Arti- Published in Said Long Island Travcler••Watchman 1991, commencing at the times cle X, Section 100-IO1B(12) for once each week for . . . . . . . . . . . . . . �. . . weeks specified below: permission to establish new use (1)7:20 p m.'Appl.No.4064- for outside,on-premises motor r MR.AND MRS.WILLIAMIL vehicle sales and 1 Successively, commencing on the . . . . . . . . . . . .�)easing,*and . . . . . . . . . . AHMUTY Ill. Variance to the related business"'dffice, in con- Zoning Ordinance, Article XXIII, Section 100-239.4B for junction with pre-existing non- day o( , , NOVemb.er 1991 - confomdng residential use.The ' permission to construct addition subject premises is located is the { at the rear of existing principal ."B;' General Business Zone building with a reduced setback floor the existing bulkhead(and District and a Pre Certificate of ; Occupancy Indicates that the degree°i square increase of the d Premises has been improved and footage of nonconformance occupied with two principal although maintaining the same buildings,each with one single- Sworn to before file this . •, , , . , , , , , , , • • • , , day o f nonconformities at the side family dwelling use.This parcel yards).Zone District:R40 Low- contains a lot area of 36,155 sq. November Density Residential Location of ft. and lot width of 120 feet. . . . . . . . . . . . . . . . . . . . . . . . . 19 . . . . . Property:3405 Bayshore Road, Location of Property: 7655 Greenport, NY, County Tltx Main Road,Laurel,NY;Conn. Map District 1000, Section 53, ty Tax Map No. 1000-122-06- 30.1 (or 30 Block 6, Lot 10. )• ; (TER p.m. MA IE PIZ- Mc ONALD'SPCORPORA. ' • ' ' ' • • ' • • ' ' ' ' ' a: PETER AND. MARIE PIZ- ' ' ' ' ' ' • ,Q�`�`�- • • • • • r ZARELLI.Variance to the Zon- TION. (Owner: Cofam Realty Notary Public j ing Ordinance,Article III.Sec- Co.)for a Special Exception to tion 100-31A(1) for permission the Zoning Ordinance, to BARBARA A. SCHNEIDER establish fast-food restaurant NOTARY PUBLIC, State of New York to change use of an existing ac- No.4806846 cessory building from strictly with drive-through(or drive-up) Qualified in Suffolk Co my t sleeping quarters use to single- window subject to the re- Commission Expires a 3i z family dwelling use and oc- quimments of Article X,Section /' cupancy with cooking/kitchen 100.1OIB and subject to site Plan t facilities. The subject premises approval by the Town Planning is located in the A 80 Residen- Board. Subject lot,as exists, is tial Zone District and contains conforming as to lot size in this atotal area of 2.979 acres, as General Business, (B). Zone _ shown on the Minor Subdivison District.Location of Site..South Map before the Town Planning side of Main Road(State Route 1 Board dated August 12, 1982 25),Mattituck,NY;County Tax _ (Left No.3).Location of Proper- Map District 1000,Section 122, + ty:Private right-of-way extend- Block 07, LA)[ 3.1. ing from the south side of In- The Board of Appeals will at dian Neck Road, Peconic, NY; said time and place hear any and County Tax Map Parcel No. all persons or representatives t 98-5-14.3. desiring to be heard in the above 7:35 p.m. Appl. No. 4039- matters.Written comments may ANTONIO VANGI. Variance ar also be submitted prior to the CLIFFSIDE ASSOCIATES. conclusion of the subject he - Appeal for an Interpretation ing.Each hearing will not start under the Definition Section of before the times designated For the Zoning Code Article I,Sec- more information, Please call 765-1809. - tion IOD-13 as noticed to the ad- Dated: October 31, 1991: joining property owners,as per- BY ORDER O1.THE [sins to dwelling and/or motel -' : SOUTHOLD TOWN i uses, and the installations of BOARD OF APPEALS cooking facilities(kitchenettes). I GERARD P. GOEHRINGER Location of Property: 61475 CHAIRMAN County Road 48, Greenport, ,;,.,.;By: Linda Kowalski NY,County Mix Map Parcel ID r,t,,; ,IX-11/14/91(7) 1000-045-01-001 & 002 (2.1), containing approximately 7.5 ' APPEALS BOARD MEMBERS UYN11, SCOTT L.HARRIS 'J Supervisor Gerard P.Goehringer,Chairman `r Charles Grigonis,Jr. Serge Doyen,Jr. Town Hall,53095 Main Road � w 4 James Dinizio,Jr. ;,` y.. '„,^` P.O.Box 1179 Robert A.Villa %� :�r y Southold,New York 11971 Fax(516)765-1823 Telephone(516)765-1809 $ Telephone(516)765-1800 BOARD OF APPEALS TOWN OFSOUTHOLD 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 3 l � Copies of legal notice for the November 21, 1991 hearings were sent or delivered to the following 11/6/91 L.I. Traveler-Watchman, Inc. Times-Review Mr. John Bertani, Builder (Re: Ahmuty Appeal) 1380 Oakwood Drive Southold, NY 11971 Mr. and Mrs. Peter Pizzarelli 5710 Indian Neck Lane Peconic, NY 11959 Richard T. Haefeli, Esq. (Re: Cliffside Associates) i/ 184 Main Street P.O. Box 1112 Westhampton Beach, NY 11978 Mr. Garrett A. Strang, R.A. (by hand) (Re: Goodale) P.O. Box 1412 Southold, NY 11971 Peter R. Mineo, Esq. (Re: McDonald' s) D'Amato, Forchelli, Libert, Schwartz, Mineo & Joseph F. Carlin 120 Mineola Boulevard, Box 31 Mineola, NY 11501 r APPEALS BOARD MEMBERS f, gxS%j ( SCOTT L.HARRIS Gerard P.Goehringer,Chairman h y� OGy� Supervisor Charles Grigonis,Jr. '` Serge Doyen,Jr. _ Town Hall,53095 Main Road s- n, tr P.O.Box 1179 James Robert A. o,Jr. O . �` Southold,New York 11971 Robert A.Villat Fax(516)765-1823 Telephone(516)765-1809 7 Tgephone(516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD .f 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, NY 11971, on commencing at the times specified below: (1) 7: 20 p.m. Appl. No. 4064 - MR. AND MRS. WILLIAM R. AHMUTY III. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4B for permission to construct addition at the rear of existing principal building with a reduced .setback from the existing bulkhead ( and increase of the degree or square footage of nonconformance although maintaining the same nonconformities at the side yards) . Zone District: R-40 Low-Density Residential. Location of Property: 3405 Bayshore Road, Greenport, NY; County Tax Map District 1000, Section 53, Block 6, Lot 10. Page 2 - Legal Noti� Hearings for November 21, 1991 Southold Town Board of Appeals ( 2) 7:25 p.m. Appl. No. 4063 . PETER AND MARIE PIZZARELLI . Variance to the Zoning Ordinance, Article III, Section 100-31A(1) for permission to change use of an existing accessory building from strictly sleeping quarters use to single-family dwelling use and occupancy with cooking/kitchen facilities. The subject premises is located in the R-80 Residential Zone District an4 contains a total area of 2 . 979 acres, as shown on the Minor Subdivision Map before the Town Planning Board dated August 12, 1982 (Lot #3) . Location of Property: Private right-of-way extending from the south side of Indian Neck Road, Peconic, NY; County Tax Map Parcel No. 98-5-14. 3. 3) 7 :3s 4039 - CLI IATES Appeal for an Interpretation under the Definition Section of the Zoning Code, Article I, Section 100-13 as noticed to the adjoining property owners, as pertains to dwelling and/or motel uses, and the installation of cooking facilities (kitchenettes) . Location of Property: 61475 County Road 48, Greenport, NY; County Tax Map Parcel ID 1000-045-01-001 & 002 ( 2. 1) , containing approximately 7 . 5 acres. Zone District: Resort Residential (RR) . The subject premises was the subject of a conditional approval under Appl. No 3542 in which a Special Exception was requested for motel units (without maps or plans for individual kitchenettes or dwelling uses) . 'Rage 3 - Legal NotS 0 Hearings for November 21, 1991 Southold Town Board of Appeals (4) 7 : 50 p.m. Appl. No. 40665E - WILLIAM C. GOODALE. Special Exception to the Zoning Ordinance, Article X, Section 100-101B(12) for permission to establish new use for outside, on-premises motor vehicle sales and leasing, and related business office, in conjunction with pre-existing nonconforming residential use. The subject premises is located in the "B" General Business Zone District and a Pre-Certificate of occupancy indicates that the premises has been improved and occupied with two principal buildings, each with one single-family dwelling use. This parcel contains a lot area �eex�a�uuud 36,155 sq. ft. and lot width of 120 feet. Location of Property: 7655 Main Road, Laurel, NY; County Tax Map Parcel No. 1000-122-06-30.1 (or 30) . ( 5) Appl. No. 3970 - McDONALD' S CORPORATION. (Owner: Cofam Realty Co. ) for a Special Exception to the Zoning Ordinance, to establish fast-food restaurant with drive-through (or drive-up) window subject to the requirements of Article X, Section 100-101B and subject to site plan approval by the Town Planning Board. Subject lot, as exists, is conforming as to lot size in this General Busines (B) Zone District. Location of Site: South Side of Main Road (State Route 25) , Mattituck, NY; County Tax Map District 1000, Section 122, Block 07, Lot 3 .1. RICHARD T. HAEFELI ATTORNEY A COUNSELOR ATLAW 184 MAIN STREET P.O. BOX 1112 WESTHAMPTON BEACH, NEW YORK 11976 516- 268-5455 p itr nt'6/r'4( o(. TELECOPIER - / September 9, 1991 (516) 288-5474 Gerard P. Goehringer Chairman Southold Town Board of Zoning Appeals Town of Southold Main Road P.O. Box 1179 Southold,New York 11971 Re: Application of Cliffside Associates Dear Mr. Goehringer. In reply to your letter of September 3, 1991, I have been advised by my client that he will be out of the State on September 26, 1991. Accordingly I would ask that the matter be adjourned. Very truly yours, Richard T. feli RTH:eh APPEALS BOARD MEMBER ;rDl,.r SCOTT L.HARRIS L D Supervisor Gerard P.Goehringer,Chairman Charles Grigonis,Jr. Town Hall 53095 Main Road Serge Doyen,Jr. James Dinizio,Jr. = P.O.Box 1179 Southold,New York 11971 Robert A.Villa 9 Fax(516)765-1823 Telephone(516)765-1809 1 -; Telephone(516)765-1800 xczu•: BOARD OF APPEALS TOWN OF SOUTHOLD September 3, 1991 r Richard T. Haefeli, Esq. 184 Main Street P.O. Box 1112 Westhampton Beach, NY 11978 Re: Recent Appeal for Interpretation - Cliffside Associates Dear Mr. Haefeli: This letter will confirm that the public hearing on this matter was held on August 15, 1991, and recessed as requested by you. The hearing is expected to reconvene at the next hearings calendar set for September 26, 1991. Should there be a request made for a further postponement, this matter would then be placed on the November calendar. The time of the hearing is expected to be in the evening (at approximately 8:10 - 8:30 p.m) . Confirmation of the exact time, of course, will be made by way of a copy of the Legal Notice forwarded to you simultaneously with delivery to the local and official newspapers of the Town within the next two weeks. Very truly yours, Linda Kowalski Page 34 - August 15, 1991 Public Hearing - Cliffside Associates Southold Z.B.A. Appl. No. : 4039 Applicant(s) : Cliffside Associates Location of Property: 61475 County Road 48 , Greenport, NY County Tax Map No. : 1000-45-1L1 & 2 The Chairman opened the hearing at 9:15 pm and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I would mention to the Board however since we are granting Mr. Haefeli a recess I cannot guarantee him we will put it on for the next regularly scheduled meeting. It may be for the October meeting and I will at this particular time offer a resolution to recess the hearing without a date and we' ll see what the calendar looks like for the great month of September before we reschedule this. All in Favor - AYE. BY (Hearings transcribed by tape not present at hearings) 1911 ul I RICHARD T. HAEFELI ATTORNEY S COUNSELOR AT LAW 184 MAIN STREET P.O. BOX 1112 WESTHAMPTON BEACH, NEW YORK 11978 516- 288-5455 TELECOPIER August S, 1991 (516) 28B-5474 Gerard P. Goehringer I 9 199� Chairman f -- -- Southold Town Board of Zoning Appeals Town of Southold ----_----_ Main Road P.O. Box 1179 Southold, New York 11971 Re: Application of Cliffside Associates Dear Mr. Goehringer. I have just received your letter dated August 4, 1991 stating that the above application was scheduled for August 15, 1991. I'll be on vacation during that period of time and would ask that the matter be adjourned until the middle of September. Very truly yours, � Richard T.Haefelr/ RTH:eh APPEALS BOARD MEMBERS SCOTT L.HARRIS Gerard P.Goehringer,Chairman y0�0 COG Supervisor Charles Grigonis,Jr. o Town Hall,53095 Main Road Serge Doyen,Jr. • P.O.Box 1179 CIO James Dinizio,Jr. O Robert A.Villa Southold,( New York11971 �lOj �.a0 Fax(516)765-1823 Telephone(516)765-1809 # Telephone(516)765-1800 BOARD OF APPEALS TOWN OF SOUT 4OLD August 4, 1991 Richard T. Haefeli, Esq. 184 Main Street Box 1112 Westhampton Beach, NY 11978 Re: Recent Appeal Request - Cliffside Associates Dear Mr. Haefeli: This letter will confirm that the above application, in which you have requested an interpretation under the definition section of the zoning code, Article I, Section 100-13, has been O placed on the calendar for a public hearing to be held at 8:50 p.m. on Thursday, August 15, 1991, and that the processing of SEQRA has been suspended in order to allow you an opportunity to present the merits of the interpretation request. D This will also confirm that the request for alternative relief (variance if "the interpretation is denied" has been deemed incomplete for the following reasons, and must be filed separately for the following reasons: M ( 1) an additional filing fee of $200.00 has not been U submitted; (2) the application is premature and has not been filed in accordance with the normal procedures for variance requests Also, at this time, there is no basis to appeal for a variance for alternative relief since the requested interpretation decision has not been rendered; upon receipt of a complWe , dna 5JSVXA cieterminations rendered �""(; J' and filed in accordance with the requirements of 6 NYCRR Part "1 617, and Article 8 of the Environmental Conservation Law. ,t w t N� tN Yours very truly, \ � lk GERARD P. GOEBRINGER Enclosure CHAIRMAN �uthold Town Board oappeals -22- July 25, 1990pecial Meeting NEW APPLICATION: Appl. No. 4039 - CLIFFSIDE ASSOCIATES. Following updates of the documentation, as re-submitted, the following action was taken: i WHEREAS, a two-fold application is being made by Ken- neth J. Tedaldi in behalf of Cliffside Associates, through his attorney, Richard T. Haefeli, Esq. ; and WHEREAS, upon reviewing the application forms submitted, it is apparent that the requests are two-fold, described as: (a) first, a request for an interpretation under the definitions section of the zoning code, Section 100-13 , and (b) second, a request for a variance requesting relief, apparently of the subject interpretation, which has not yet been advertised, heard or decided by the Board; WHEREAS, the first part of the application, to wit: , the interpretation request, is complete under the provisions ' pertaining to proper notice and filing; however the second part of the application, to wit: the variance requesting relief, or "alternative relief," is not complete and must be re-filed for the following reasons: (a) an additional filing fee of $200. 00 has not been submitted; (b) the application is premature and has not been filed in accordance with the normal procedures for variance requests. At this time there is no basis to appeal for alternative relief since a variance has not been denied or otherwise acted upon by the Board, and which is still pending under the first part of this application; (c) supplemental SEQRA procedures must be followed upon receipt of the complete variance application, and SEQRA determinations rendered and filed in accordance with the requirements of 6 NYCRR Part 617, and Article 8 of the Environmental Conservation Law; the SEQRA determinations of more than two years ago, for a different application, decided for a Special Exception for motel units without cooking or kitchen facilities or pertinent plumbing system hook-ups, may not be applied entirely to this variance application which proposes multiple cooking/kitchen facilities and pertinent water and sewer system hook-ups in all motel units. A supplemental LEAF for "Unlisted Actions" and other steps, if further determined, will be required for the new variance application, when filed in complete form; NOW, THEREFORE, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was Southold Town Board o Appeals -23- July 25, 1991 Special Meeting RESOLVED, that the first part of this two-fold application, to wit: the request for an interpretation under the defintion section (Section 100-13) of the Code is authorized to be advertised for a public hearingito be held on THURSDAY, AUGUST 15, 1991 at the Southold Town Hall, 53095 Main Road, Southold, New York, and BE IT FURTHER RESOLVED, that the State Environmental Quality Review Act (SEQRA) procedures are hereby temporarily suspended to allow processing of the first part of this two-fold application for the interpretation only concerning transient or resort motel definitions; and BE IT FURTHER RESOLVED, that the second part of the two-fold application be re-filed and processed separately, when determined complete in accordance with the filing and notice requirements of the code for specific relief and/or alternative relief, with a determination from the Building Inspector upon which to base the appeal. Vote of the Board: Ayes: Messrs. Goehringer, Dinizio and Villa. (Member Doyen left early to fly back to F.I. and Member Grigonis was absent due to illness. ) This resolution was duly adopted. UPDATE: Appl. No. 4030 - HANAUER & BAGLEY (filed May 8, 1991, and pending SEQRA) . The Chairman reported that he attended the Scoping Session at the Planning Board Office on July 2, 1991. At the meeting, he said he did bring it to the Planning staff's attention that the validity of the Building Permit as of the current date may be questionnable since the Health Department approval expired. The survey map submitted with the Building Permit renewal applications did not include a current approval from the Health Department. On June 11, 1991, Irving Like, Esq. , attorney for the applicants, furnished for the ZBA record a copy of the Health Department stamp of 6/18/83 for ref. No. 85-SO-36 for one dwelling only on the entire 4.945 acre parcel. Subsequent to the scoping session, the Planning Board office advised that the PB was also going to consider a proposed "cluster plan" to join this 4. 945 acre parcel with the minor subdivision to the south (Too-Bee Realty) , and cluster the lots. Any such proposal will require a new submission by the applicant and will, of course, require a variance for the same number of lots, since one additional lot is still being requested, we understand. The ZBA is awaiting communications from the PB, as lead agency, and the applicant as to the alternative to be chosen, as well as its SEQRA determination. * � r p � @ � o�r RICHARD T. HAEFELI ATTORNEY&COUNSELOR AT LAW �� ' 184 MAIN STREET P.O. SOX 1112 WESTHAMPTON BEACH. NEWYORK II078 516- 28B-5455 -- TELECOPIER July 12, 1991 (516) 288-5474 Gerard P. Goehringer Chairman Southold Town Board of Zoning Appeals Town of Southold Main Road P.O. Box 1179 Southold,New York 11971 Re: Application of Cliffside Associates Dear Mr.Goehringer. In reply to your letter of May 29, 1991, which I have just received, I would first ask that your records reflect that my address is Westhampton Beach, not Riverhead, New York. The delay in my receipt of your letter by more than one month was due to this fact. As to the letter itself, at no time was a special exception application made for motel units without kitchenettes. The application was for motel units,and there was no reference to kitchenettes either in the application,nor during the presentation of the special exception application before the Board. The Board in its determination gratuitously entered item#5 which stated that it was the Board's understanding that only the managers unit will contain kitchen facilities. Accordingly the present application is appropriate under Sec. 100-271 D since the applicant applied for an amendment to the building plans to include kitchenettes and approval was denied by the Building Inspector in his disapproval of April 25, 1991. As to the alternate request for relief,again it is permitted under Sec. 100-271 since a variance will be required 1ltbquested satisfaction is not granted. My client has a right to make an application which requests alternative relief. The application for such relief will not be withdrawn. RICHARD T. HAEFELI ATTORNEY S COUNSELOR AT LAW Pursuant to your request, I am enclosing a revised notice to the neighbor using the address on the building pennnit application. I am also enclosing a revised rider to be attached to the application. Very truly yours, Richard T.Haefel RTH:eh Enclosures Harvey A. Amoff, Esq. Southold Town Attorney Main Road Southold,New York 11971 APPEALS BOARD MEMBERS L SCOTT L.HARRIS i Q Supervisor Gerard P.Goehringer,Chairman Charles Grigonis,Jr. ,' Town Hall,53095 Main Road Serge Doyen,Jr. P.O.Box 1179 James Dinizio, Jr. Southold,New York 11971 Robert A. Villa BOARD OF APPEALS Fax(516)765-1823 Telephone(516)765-1809 TOWN OF SOUTHOLD -)n� Telephone(516)765-1800 May 29, 1991 Richard T. Haefeli, Esq. �^ 184 Main Street Box 1Y E F/t!Y 78 119 '_ ____ Wts Re: Recent Appeal Request - Cli€fside Associates Prior ZBA Action Rendered November 2, 1989 (Appl. #2542SE) Dear Mr. Haefeli: In reviewing the documentation that has been submitted by you in the above project, it is noted that you have included a Notice of Disapproval dated April 25, 1991 from the Building Inspector, the grounds of which are: "Article III, Section 100-13 (Definitions) of the Zoning Code-Action required by the ZBA to permit kitchenettes (cooking facilities) in individual motel units." Also noted in reviewing the documentation is the property owner's two-fold request: ( 1) for an interpretation "of the Zoning Code"; (2) for alternative relief for a variance if "the interpretation is denied." Since a building permit has been issued and construction activities commenced based upon the November 2, 1989 Board of Appeals action under Special Exception #3542 for motel units without kitchenettes, it is unclear as to the purpose of this "appeal for interpretation." In addition, the reverse side of the appeal application, questions #1, #2 and #3, should be completed in detail. In the second part of the documentation submitted, a variance is being requested "for alternative relief" "if the interpretation is denied." It is the position of the Board of Appeals that it is without authority at this time to consider a variance for relief that is Prematurely made and filed without a basis upon which to appeal. At this time, there is no basis to appeal for a variance for alternative relief since the requested interpretation decision has not been rendered. In the future, 'Page 2 - Appl . for I•rpeetation To : Richard T. Haefeli , Esq . Re : Cliffside Associates you may file a variance for specific relief, by separate application and through the usual appeal procedures, where there are practical difficulties or unnecessary hardships in the way of carrying out the strict regulations of the zoning code. In light of the above, before proceeding with the request for an interpretation appealing the Notice of Disapproval dated April 25, 1991, the following must be furnished: 1. Mailing of neighbor notices must be re-sent by certified mail for the following reasons: a. Line #2 incorrectly described property location. b. Affidavit of Mailing for corrected neighbor notices must be furnished, with original signatures from deponent and from notary, filed with our office together with the original postmarked certified mail receipts. 2. Corrected appeal application for interpretation confirming the property location and appropriate County Tax Map Number at Paragraph #1. Please furnish the above items, together with a description of the basis, purpose and intent of the request for an "Interpretation appealing the April 25, 1991 Notice of Disapproval from the Building Inspector." Enclosed is an extra neighbor notification form for your convenience. Your�ry t , O GERARD P. GOE INGER / CHAIRMAN lk Enclosure CC: Town Attorney' s Office RICHARD T. HAEFELI ATTORNEY d COUNSELOR AT LAW I84 MAIN STREET P.O. BOX 1112 WESTHAMPTON BEACH, NEW YORK 1197E 5I6-288-5455 TELECOPIER May 15, 1991 (516) 288-5474 Gerard P. Goehringer Chairman Southold Town Board of Zoning Appeals Town of Southold Main Road P.O. Box 1179 Southold, New York 11971 Re: Application Cliffside(Tidemark) Dear Mr.Goehringer. I am enclosing herewith the following relative to the above application: 1. Original and copy of application. 2. Original Notice to Adjacent Owners. 3. Original Questionaire. 4. Original Short Form EAF. 5 Six copies of Survey. 6. Three Copies of the Plans showing Kitchenetts. 7. Copy of Building Inspector Notice of Disapproval. 8. Check in the amount of$300.00 for the filing fee. If everything is in order,I would appreciate it if you would advise me when this matter will be scheduled. Very truly yours, Richard T.Haefeli RTHJl Enclosures 3IAIn Or OCw YQhK) )SS: COUNTY OF SUFFOLK) SHA"N k D GIG of MatUtuck, in ' said County, being duly sworn, ray$that he/she ic Principal t Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, d published at Mattituck, In the Town of Southold, County of t � rY Suffolk and State of New York,and that the Notice of which r�j ^ J the annexed Is a printed copy,has been regularly published In l 1, said Newspaper once each week for I weeks successively, commencing on the day of Akid5 tg 91 . 7 principal Clerk Swom to before me this day of$ _tgq( ry Rot '3rE A. .0 NO N NgotY P'.±°o,C!::;o '•1 Dlow Yadc No, 04.'Tsd 4o Surf»'County QarAmMdon Erpk«Mr/te,tog�- i a i NOTICE OF HFARIYGS the times e ed below: more than three moans specified m the rsood- NOTICE IS HEREBY GIVEN, 7:30 p.m. Appl. No. 4043 — floor of the existing dwelling stem. - pursuant to Section 267 of the Town JOHN li.AND GAYLE BIRI(MI R. lure. Location 48850 Main Road, Law and the Code of the Town of Special Eaceptiontothe Toning Buds- Southold, NY;County Tax MAP No. Southold,the following mataars win oaece, Article III, Section 100- 1000-70-07-10. be held for public beatings before the 308(16)for permission to establish 7:35 p.m. Appl. No. 4044 — SOUTHOLD TOWN BOARD OF 'Bad and Breakfast Use,"an owner. WILLIAM. AILEEN AND JOHN APPEALS at the Southold Town occupied building,other than a bold, PARROTT. Variance to the 7aniteg Hall, 53095 Main Road, Southold, where lodging and breakfast is pro- Ordinance, Article XXIH. Section NY 11971, on THURSDAY. vided for not more than sea carnal, 100-239.4E and Article XXIV,Sec- AUGUST 15. 1991-commencing at transient roamers,and renting of not See Lopata,nexl page Legalsaaa breeze way and garage which will be uses for pemiarim b authorize racy- mane of the lot area fee she cash- aura. in emcees of the 20%lot eoverafe ding and salvage facility,exuvacm lishmant or approval of a second 8:50 p.m. A t No. 4)39 — Conuntred boon previous papa limisdon.Ibe subject parcel is sub and drainage yard(purSuamt to Town dwelling unit is an tasting dwelling Ct.IFFSIDE ASSOCIATES.Appeal don 100 2448,for approval of deck Assulad in Sim en o d is located in the Board Resolution adopted April 9, structure and for the estabEshmant or for an ImOprctatia D n under theefuti- caesrructim at less than 75 fact from RJO Zone District.location of Prop. 1991,to be used is con}mcdm with approval of a third dwelling Unit in site Secan of the Toeing Cole,Art- the bulkhead and in excess of the any: 415 Fisbeman'i Beach Road, those sees conditionally permitted the rear scoessory building,both in cite I.Section 100-13 as noticed toibe. 20% lot coverage limitation for all Cutckogue; alto referred so at Lot 7 under Special Exception No. 3491 conjunction with multiple business adjoining property owners,at pertains structures.The Subject parcel is rub on the Map of Peeonic Bay Proper- (ZBA resolution adopted June 25, Usti and existing ringlefamily,rest. to dwelling sndles motel usar.and the sundsA in Sim and is located in the ties,Inc.(1931);County Tax Map 1986)for outside stottpiEing of rate. denial unit of this substandard pared. installation of cooking facilities. R40 Zme District Lootiou d Prop Ho.IfiOfs l I I-126. real and related ofl;oa .Location of Location of premises: 13500 Main location of Property:6147S County eery:2435 Cedar Lane, Ease Marion; 7:53 p.m. Appl. No. 4048 — Property:Las No.2 on the bti ar Sub. Road,Mattitack,NY; County Tax Road 41,Oreenpott,NY;Crusty Tax County ty Tax Map No. 1000-374-9. BURT LEWIS. JR. Variance to the division Map No.450 of L.B.Glover, Map ID No. 1000-114d 14-11.5.The Map Pascal ID 1000,04"1(-Oi and 7:40 m. Appl. No. 4045 — Zumrrg Ordinance,Article M.Section 11910 P PP Dragon Read,Qxcbmgm,NY; thi HSubject Hendee B is nonconforming in 002(2.1),containing appuozruiely CLORIA LOWFRY.Variance to the 100-32 and Article XXIV,Section Comry Tax Map No. 1000-81-3-part this Harold Business(119)Zone W. 7.5 acres. Zone Distrim Rcxrt R-U- Zoning Ordinance, Article XXIII, 100 243 for approval of office s4di- of 4.4.remaining 4.59 acres. trice containingapproximately of a Y roc- dcri (RR). Section 100-239.4(A)(ear prmeati eon tiro resulting in an expansion of the 8:20 p.m. App1. No. 4042 — hodhodacre ulsl rolct area Tic . The Board of Appeals wit:at said � to construct open-deck addition to existing nonconforming use and JA1h'RENCE CERVON. Variance to 8:40 p.m. APO.No.3959—MR. time and place hear easy and s37 pn- dwelling structure wish a setback at increasing the degree of amconfor- the Zoning Ordinance,Article XXM. AND MRS.JOSEPH HARDY. Spe- tau a representatives desiring o be Less than 75 fW Irmo the bulkhead. mane of the building aesback in the Section 100.239.4B for permuting,to cis[Exception to the Zoning Ordi- heard m the above matters.Wrinew The Subject parcel is substandard in front yet Srea.The subject parcel is onesuuct nd"on to dwelling wills a mane, Article [X. Section 100- comments may also be sutmitted sirs and is looted in she R40 Zane substandard in size and is located in setback at less than 75 Ices from the 916(2x4)to per it either s r acm. paint to the omdusiam of the subject District Location the A ricvlmnl-Cnnservatiou A-0 0[Properly!65D b ( C) bulkhead. Location of Property: wry apartment or second dwelling heating. Each heating until not suss t Oak Avenue, Southold,NY,County Zone District Location of Property: Peemic Say Boulevard, Laurel; wit over scores,of ahemsthydy to before the times desigratcd above. Tax Map His. 1000.77-1.2. Also 6920 Maim Road,Laurd,NY,,County, County Tar.Map Parcel N6. 1000- permit multiple dwdlirtg we within For mare information,pinse call " referred to as Lan Nos.235.294,233. Tax Map Na. 100D-126-01.43; also 126-11.21.The subject Pascal is nub the existing mixed basi. 765-1309. 2112,Said part of 741 ou the Map of related to as Lot Non, 1 A 2 on the standard in rim and is looted in the nesshtsidestSiul stmcsurt-Location of Dared:July 23,1991. Cons Bey Estates(1934). Map of George L Tndrdl(1929). R-40 Zorn District premises: 13SM Mon Road.Marti- BY ORDER OF THE 0 7:45 pm Appl.No.4D46—MR 8:15 p.m. Appl. No. 4041 — 8:M pm.Appl.No.3959—MR. tuck,NY;County Tax Map ID Me. S_OUJHOL.DTOWN BOARDOF 7 AND MRS.THOMAS X McYEON. DONAL.D AND JEANNE GRLM, AND MRS.JOSEPH HARDY.Van. 100D-IMIJ S.The subject plead is APPEALS GEBARD P. y Variance to the Zoning Ordinance, Amendment to Special Exception ante to She 7ming Orrdinsem-Article eoaomfrsmsiag in[his Hand" Bull- GOEHRINGER CHAFJAAK n Astick XXJV,Sectim 1042448 for approval under Apo. No.3491.is M.Section 100192.(wperastagm a nese(HB)7oae Disrria c ataiaiog By1""Y4nadlyda Permission to commas addition with Shia 1lgAs Industrial(L.D)Zoe Dix- increase the degree of amcoefor- stpPeaaimsaly ate-half Save At teal 7132-1TAS NOTICE OF HEARINGS is located inl&e R-40 Zone DW NOTICE IS HEREBY trict.Locat f Property:413 - -- GIVEN, pursuant to Section Fisherman'Mach Road, Cuts COUNTY OF S U F FO L 267 of the Town Law and the chogue; also referred to as Lop SPATE 01= NEW YORK ss: Code of the'Ibwn of Southold, 1 7 on the Map of Peconic Ba the following matters will be Properties, Inc (1931); Count held for public hearings before Thx Map No. 1000-111-1-26. the SOUTHOLD TOWN 7:53 p.m. Appl. Na 4048— Patricia Wood,- being duly sworn, says that she is the BOARD OF APPEALS at the BURT LEWIS,JR.Variance to Southold Town Hall, 53095 the Zoning Ordinance, Article F_clitor, of THE LONG ISLAND TRAVELER-WATCHMAN, Main Road, Southold, NY III, Section 10032 and Article a public newspaper printed at Southold, in Suffolk County; 11971, on THURSDAY, AUG- XXIV, Section 100-243 for cep end that the notice of which the annexed is a printed co UST 15, 1991, commencing at proval of office addition result- I copy, the times specified below: ing in an expansion of the exist- has been published in said Long Island Traveler-Watchman JOHNH.AND PGAYLEBIRK- reasingthedegreeofnonl. No. 4043— ing nonconforming use ancon-'ionceeachweekfor . . . . . . . . . . . . . . . . . . . . . . . . . . weeks MIER.Special Exception to the formance of the building set- pp Zoning Ordinance, Article III, I back in the front yard area.The successively, commencing on the . . . . . . . . . . . . . . . . . . . . . Section 100-30B(16)for Permis- subject parcel is substandard in lion to establish "Bed and size and is located in the Agri- Breakfast Use1' an owner-ec- cultural-Conservation (A-C) Jay cupied building, other than a Zone District.Location of Pro- 4R hotel,where lodging and break- perty:6920 Main Rod,Laurel, fast is provided for not more NY; County lkx Map N% than six casual, transient 1000-126-01-4.1;also referred`Cd roomers, and renting of notP as Lot Nos. I &2 on the Map more than three rooms on the of George I. ThIbill (1929). dwelling 48850 Main Southold, DONALD Amen AND Amendment Sworn to before me this . .. . . . . . . . :� . . . . . . . . (lay of second-floor of the existing 8:15 m. Appl. No. 4041— Road o Special ty 1000- Exception l under APPI.1 70.075 R10nm 1hrcPMap No.a4044— I Na(LI 3491,in 4On Dins Li t Industrial permi . . . . . . . . . . .0 G�`�/-��; . , . . 19 .?x . 7:3WILLIAM, AILEEN AND sion to authorize recycling and JOHhLPARROTT.Variance to salvage facility, excavation and the Zoning Ordinance, Article drainage yard(pursuant to Town XXIV,Section 100-239AB and Board Resolution adopted April 7 Article XXIV,Section 100-24413, 9, 1991, to be used in conjunc. . Notary ; y<Pu� �,.�"(.•.ec�ri for approval of deck construe- tion with those uses conditional- tion at less than 35 feet from the I ly permitted under Special Ex- bulkhead and in excess of the I ception No. 3491 (ZBA resolu BARBARA A. SCHNEIDER 20%lot coverage limitation for! tion adopted June 25,1986)for, athird dwelling unit in the rear ! NOTARY PUBLIC, St^te of New York all structures. The subject par-% outside stockpiling of material accessory building,both in con- No. 480G846 cel is substandard in size and is I and related offices.Location of; junction with multiple business Qualified in Suffolk Cognty located in the R-40 Zone Dis-II Property: Lot No. 2 on the uses and existing single-family Commission Expires 8 3j�12 trict.Location of Property:24351 Minor Subdivision Map Na 45 residential unit of this substan- the Zoning Ordinance Article 1, of L.B. Glover; 11910 Oregon lord parcel. Location of pre- motion 100.13 as noticed to the Road, Cutchogue, NY; Count mises: 10500 Main Road, Mat- adjoining property owners, as Cedar Lane, East Marion; 'lax Map No. 1000-83-3-P t tituck,14Y;County Tax Map ID County Tgix Map No. ]000-37 4.4, containing 4.59 acres.t� No. I000.114-11-5. The subject Pertains to dwelling and/or 4-9. 8:20 p.m. Appl. Na 4042— parcel is nonconforming in this motel uses and the installation 7:40 m. Appl. No. 4045— Hamlet Business (HB) Zone of cooking facllfites.Location of P• PP a LAWRENCE CERVON. Vari- GLORIA LOWERY.Variance to; Property: 61475 County Road ante to the Zoning Ordinance, District containing approximate. 48,Greenport,NY;County Ux the Zoning Ordinance, Article Article XXIV, Section one-half acre of total lot area. Map Parcel ID 1000-045-01-001 XXIV,Section 100-239.4(B)for lib-239.4B for permission to 8:40 p.m. Appl. No. 3959— permissionto construct open- construct addition to dwelling MR. AND MRS. JOSEPH and 002 (2.1), containing ap- deck addition to dwelling strut- I with a setback at less than 75 HARDY. Special Exception to proximately 7.5 acres.Zone Dis- ture with a setback at less than feet from the bulkhead. Luca- the Zoning Ordinance, Article to�M: Resort Residential (RR). 75 feet from the bulkhead.The ', tion of Property: 8460 Peconic IX, Section 100-91B(2)(4) to said time Board ofAppeals will d subject parcel is substandard in Bay Boulevard, Laurel, NY; permit either an accessory said time and place hear any and size and is located in the R-40 County Tax Map Parcel No. apartment or second dwelling all persons or representatives do- Zone Distrito shin.Location of Pro- I 1000.126-11-21.The subject par- unit over stores,or alternatively 8 to be heard in the above perty: 650 Oak Avenue, cel is substandard in size and is to permit multiple dwelling use matters.Written comments may Southold,NY;County Tax Map also be submitted prior to the I located in the R-40 Zone within the existing mixed busi- Na 1000-77-1-2.Also refined to f conclusion of the subject hear- Distrito. ness/residemr, structure Lack ing.Each hearing will not start as Lot Nos.285,284,283,282, 8:30 p.m. Appl. No. 3959— I tion of premises: 13500 Main before the times designated and part of 281 on the Map of MR. AND MRS. JOSEPH Road, Mattituck, NY; County above For more information, Goose Bay Estates(1934). HARDY. Variance to the Zon- 7Aix Map ID Na 1000-114-I1-5. .ease call 7 7:45 p.m. Appl. Na 65-1809. 4045— ing Ordinance,Article IX,Sec- The subject parcel is noncon- Dated: July 5 19 MR.AND MRS.THOMAS M. tion 100-92, for permission to forming in this Hamlet Business McKEON.Variance to the Zon- increase the degree of noncon- f (HB) Zone District containing BY ORDER OF ing Ordinance, Article XXIV, THE SOUTHOLD TOWN Section 100.244E for total lot areay one-half acre of BOARD OF APPEALS permission formance a the lot area for the total lot area. GERARD P. GOEHRINGER to construct addition with ! establishment or approval of a 8:50 p.m. Appl. No. 4039— breezeway and garage which will second dwelling unit in an exist- CLIFFSIDE ASSOCIATES. CHAIRMAN be in excess of the 20% lot ing dwelling structure and foil Appeal for an Interpretation BY Linda Kowalski coverage limitation.The subject y the establishment or approval of under the Definition Section of 1X, 8/8/91 (5) parcel is substandard in size ands - APPEALS BOARD MEMBERS j Jl r�1 V�r SCOTT L.HARRIS } Supervisor Gerard P.Goehringer,ChairmanQ� yA Charles Grigonis,Jr. 4 '� Town Hall,53095 Main Road Serge Doyen,Jr. S .' a James Dinizio,Jr. ,u n �r P.O.Box 1179 Southold,New York 11971 Robert A.Villa .� Fax(516)765-1823 Telephone(516)765-1809 «t wr Telephone(516)765-1800 BOARD OF APPEALS TOWN OAF 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 V AA N zp 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, NY 11971, on THURSDAY AUGUST 15 , 1991 , commencing at the times specified below: 7:30 p.m. Appl. No. 4043 - JOHN H. AND GAYLE BIRKMIER. Special Exception to the Zoning Ordinance, Article III, Section 100-30B(16) for permission to establish "Bed and Breakfast Use," an owner-occupied building, other than a hotel, where lodging i and breakfast is provided for not more than six casual, transient roomers, and renting of not more than three rooms on the second-floor of the existing dwelling structure. Location 48850 Main Road, Southold, NY; County Tax Map No. 1000-70-07-10. 7: 35 p.m. Appl. No. 4044 - WILLIAM, AILEEN AND JOHN PARROTT. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4B and Article XXIV, Section 100-244B, for approval of deck construction at less than 75 feet from the bulkhead and in • Page 2 - Legal Notisof Hearings Regular Meeting of August 15, 1991 Southold Town Board of Appeals excess of the 200 lot coverage limitation for all structures. The subject parcel is substandard in size and is located in the R-40 Zone District. Location of Property: 2435 Cedar Lane, East Marion; County Tax Map No. 1000-37-4-9. 7 : 40 p.m. Appl. No. 4045 - GLORIA LOWERY. Variance to the Zoning Ordinance, Article XXIII, Section 100-239 . 4(B) for permission to construct open-deck addition to dwelling structure with a setback at less than 75 feet from the bulkhead. The subject parcel is substandard in size and is located in the R-40 Zone District. Location of Property: 650 Oak Avenue, Southold, NY; County Tax Map No. 1000-77-1-2. Also referred to as Lot Nos. 285, 284, 283, 282, and part of 281 on the Map of Goose Bay Estates ( 1934) . 7 : 45 P.M. Appl. No. 4046 - MR. AND MRS. THOMAS M. McKEON. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B for permission to construct addition with breezeway and garage which will be in excess of the 200 lot coverage limitation. The subject parcel is substandard in size and is located in the R-40 Zone District. Location of Property: 415 Fisherman' s Beach Road, Cutchogue; also referred to as Lot 7 on the Map of Peconic Bay Properties, Inc. ( 1931) ; County Tax Map No. 1000-111-1-26. 7 : 53 p.m. Appl. No. 4048 - BURT LEWIS, JR. Variance to the Zoning Ordinance, Article III, Section 100-32 and Article XXIV, f Rage 3 - Legal Noti• of Hearings Regular Meeting of August 15, 1991 Southold Town Board of Appeals Section 100-243 for approval of office addition resulting in an expansion of the existing noncohforming use and increasing the degree of nonconformance of the building setback in the front yard area. The subject parcel is substandard in size and is located in the Agricultural-Conservation (A-C) Zone District. Location of Property: 6920 Main Road, Laurel, NY; County Tax Map No. 1000-126-01-4. 1; also referred to as Lot Nos. 1 & 2 on the Map of George I . Tuthill (1929) . 8:15 p.m. Appl. No. 4041 - DONALD AND JEANNE GRIM. Amendment to Special Exception approval undler Appl. No. 3491, in this Light Industrial (LI) Zone District for permission to authorize recycling and salvage facilitiy, excavation and drainage yard (pursuant to Town Board Resolution adopted April 9, 1991, to be used in conjunction with those uses conditionally permitted : under Special Exception No. 3491 (ZBA resolution adopted June 25, 1986) for outside stockpiling of material and related offices. Location of Property: Lot No. 2 on the Minor Subdivision Map No. 450 of L.B. Glover; 11910 Oregon Road, Cutchogue, NY; County Tax Map No. 1000-83-3-part of 4. 4, containing 4. 59 acres. 8:20 p.m. Appl. No. 4042 - LAWRENCE CERVON. Variance to the Zoning Ordinance, Article XXIII, Section 100-239. 4E for permission to construct addition to dwelling with a setback at less than 75 feet from the bulkhead. Location of Property: ' Page 4 - Legal Noticoof Hearings • Regular Meeting of August 15, 1991 Southold Town Board of Appeals 25235 Main Road, Cutchogue, NY; County Tax Map Parcel No. 1000-126-11-21. The subject parcel is substandard in size and is located in the R-40 Zone District. 8:30 p.m. Appl. No. 3959 - MR. AND MRS. JOSEPH HARDY. Variance to the Zoning Ordinance, Article IX, Section 100-92, for permission to increase the degree of nonconformance of the lot area for the establishment or approval of a second dwelling unit in an existing dwelling structure and for the- establishment or approval of a third dwelling unit in the rear accessory building, both in conjunction with multiple business uses and *existing single-family residential unit of this substandard parcel. Location of premises: 13500 Main Road, Mattituck, NY; County Tax Map ID No. 1000-114-11-5. The subject parcel is nonconforming in this Hamlet Business (HB) Zone District containing approximately 'one-half acre of total lot area. 8: 40 p.m. Appl. No. 3959 - MR. AND MRS. JOSEPH HARDY. Special Exception to the Zoning Ordinance, Article IX, Section 100-91B(2) ( 4) to permit either an accessory apartment or second dwelling unit over stores, or alternatively to permit multiple dwelling use within the existing mixed business/residential structure. Location of premises: 13500 Main Road, Mattituck, NY; County Tax Map ID No. 1000-114-11-5. The subject parcel is nonconforming in this Hamlet Business (HB) Zone District containing approximately one-half acre of total lot area. Page 5 - Legal Notic9of Hearings Regular Meeting of August 15 , 1991 Southold Town Board of Appeals 8:50 p.m. Appl. No. 4039 - CLIFFSIDE ASSOCIATES. Appeal for an Interpretation under the Definiiion Section of the Zoning Code, Article I , Section 100-13 as noticed to the adjoining property owners, as pertains to dwelling and/or motel uses, and the installation of cooking facilities. Location of Property: 61475 County Road 48, Greenport, NY; County Tax Map Parcel ID 1000-045-01-001 and 002 (2.1) , containing approximately 7.5 acres. Zone District: Resort Residential (RR) . 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. i Dated: July 25, 1991. '' BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski ---------------------------------------------------------------x TO: Times-Review Delivered 8/5/91 L.I. Traveler-Watchman For Publication Copies of legal notice for August 15, 1991 hearings were mailed to the following 8/6/91: t Mr. and Mrs. John H. Birkmier 4885Q Main Road Southold, NY 11971 Mr. John L. Parrott Creative Retirement Planning, Inc. 30 Rockefeller Plaza, Suite 4336 New York, NY 10112 Mr. Burt G. Lewis, Jr. P.O. Box 983 Cutchogue, NY 11952 Gary Flanner Olsen, Esq. (Re: McKeon) P.O. Box 706 Cutchogue, NY 11935 Mr. and Mrs. Thomas McKeon 17 Massachusetts Blvd. Bellerose Village, NY 11701 Mr. and Mrs. Donald Grim P.O. Box 300 Cutchogue, NY 11935 Mr. Thomas C. Samuels (Re: Cervon) Samuels & Steelman 25235 Main Road Cutchogue, NY 11§35 P. Edward Reale, Esq. (Re: Hardy) Twomey, Latham, Shea & Kelly P.O. Box 398 Riverhead, NY 11901 Richard T. Haefeli, Esq. (Re: Cliffside) and Mr. Kenneth Tedaldi 184 Main Street 130 Jessup Ave. P.O. Box 1112 Quogue , NY 11959 Westhampton Beach, NY 11978 Mr. Robert Coady - Mr. James E. Fitzgerald , Jr. 250 Oak Avenue Proper-T Services Southold, NY 11971 P .O. Box 617 , Cutchogue , NY 11935 (included copy of map of deck & neighbor notice Re: Lowery) tedaldi P.O. BOX 815 9uogue, N.Y. 11959 (516) 653-5588 - OctobeA 5, 1992 Southotd Town Boan.d o6 Appeatz Southotd Town Hatt 53095 Main Road Southotd, New Yonk 11971 Re: CU664.ide Adsoedutea GentCemen: Thehe i.6 an appticatti.on pending which was bubmitted dome months ago bon. kdtehennettea at .the Tide Mark eomptex on .the Sound. Th,i.d appti.eati.on wad :to be put on holed until we noti6ied .the Board o6 Appeate .to te-activate it. At .th z time, I would ti.ke .th•ia apptication placed on .the agenda. Vehy tuty yo enneth J. Tedatdi KJT/kw, Enc oduhe l rn,. e a te4' Nz-e-.:. ou.J Cafe �c:t � A1.e.003 ) , / rjge 2 - Legal Not* Bearings for November 21, 1991 ;outhold Town Board of Appeals (2) 7: 25 p.m. Appl. No. 4063 . PETER AND MARIE PIZZARELLI . Variance to the Zoning Ordinance, Article III, Section 100-31A( 1) for permission to change use of an existing accessory building from strictly sleeping quarters use to single-family dwelling use and occupancy with cooking/kitchen facilities. / The subject premises is located in the R-80 Residential. Zone District and contains a total area of 2 . 979 acres, as shown on the Minor Subdivision Map before the Town Planning Board dated August 12, 1982 (Lot #3) . Location of Property: Private right-of-way extending from the south side of Indian Neck Road, Peconic, NY; County Tax Map Parcel No. 98-5-14. 3. ( 3) 7: 35 p.m. Appl. No. 4039 - CLIFFSIDE ASSOCIATES. Appeal for an Interpretation under the Definition Section of the Zoning Code, Article I, Section 100-13 as noticed to the adjoining property owners, as pertains to dwelling and/or motel uses, and the installation of cooking facilities (kitchenettes) . Location of Property: 61475 County Road 48, Greenport, NY; County Tax Map Parcel ID 1000-045-01-001 & 002 ( 2.1) , containing approximately 7. 5 acres. Zone District: Resort Residential (RR) . The subject premises was the subject i of a conditional approval under Appl. No 3542 in which a Special Exception was requested for motel units (without maps or plans � . I for individual kitchenettes or dwelling uses) . .outhold Town Board Appeals -22- July 25, 19*Jpecial Meeting NEW APPLICATION: Appl. No. 4039 - CLIFFSIDE ASSOCIATES. Following updates of the documentation, as re-submitted, the following action was taken: t WHEREAS, a two-fold application is being made by Ken- neth J. Tedaldi in behalf of Cliffside Associates, through his attorney, Richard T. Haefeli, Esq. ; and WHEREAS, upon reviewing the application forms submitted, it is apparent that the requests are two-fold, described as: (a) first, a request for an interpretation under the definitions section of the zoning code, Section 100-13 , and (b) second, a request for a variance requesting relief, apparently of the subject interpretation, which has not yet been advertised, heard or decided by the Board; WHEREAS, the first part of the application, to wit: , the interpretation request, is complete under the provisions ' pertaining to proper notice .and filing; however the second part of the application, to wit: the variance requesting relief, or "alternative relief," is not complete and must be re-filed for the following reasons: submitted; (a) an additional filing fee of $200.00 has not been (b) the application is premature and has not been filed in accordance with the normal procedures for variance requests. At this time there is no basis to appeal for alternative relief since a variance has not been denied or otherwise acted upon by the Board, and which is still pending under the first part of this application; (c) supplemental SEQRA procedures must be followed upon receipt of the complete variance application, and SEQRA determinations rendered and filed in accordance with the requirements of 6 NYCRR Part 617, and Article 8 of the Environmental Conservation Law; the SEQRA determinations of more than two years ago, for a different application, decided for a Special Exception for motel units without cooking or kitchen facilities or pertinent plumbing system hook-ups, may not be applied entirely to this variance application which Proposes multiple cooking/kitchen facilities and pertinent water and sewer system hook-ups in all motel units. A supplemental LEAF for "Unlisted Actions" and other steps, if further determined., will be required for the new variance application, when filed in complete form; NOW, THEREFORE, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was j� Southold Town .Board of Appeals -23- Judy 25, 1991 'Special Meeting . RESOLVED, that the first part of this two-fold application, to wit: the request for an interpretation under the defintion section (Section 100-13) of the Code is authorized to be advertised for a public hearingito be held on THURSDAY, AUGUST 15, 1991 at the Southold Town Hall, 53095 Main Road, Southold, New York, and BE IT FURTHER RESOLVED, that the State Environmental Quality Review Act (SEQRA) procedures are hereby temporarily suspended to allow processing of the first part of this two-fold application for the interpretation only concerning transient or resort motel definitions; and BE IT FURTHER RESOLVED, that the second part of the two-fold application be re-filed and processed separately, when determined complete in accordance with the filing dnd notice requirements of the code for specific relief and/or alternative relief, with A determination from the Building Inspector upon which to base the appeal. Vote of the Board: Ayes: Messrs. Goehringer, Dinizio and Villa. (Member Doyen left early to fly back to F.I. and Member Grigonis was absent due to illness. ) This resolution was duly adopted. UPDATE: Appl. No. 4030 - HANAUER & BAGLEY (filed May 8, 1991, and pending SEQRA) . The Chairman reported that he attended the Scoping Session at the Planning Board Office on July 2, 1991. At the meeting, he said he did bring it to the Planning staff' s attention that the validity of the Building Permit as of the current date may be guestionnable since the Health Department approval expired. The survey map submitted with the Building Permit renewal applications did not include a current approval from the Health Department. On June 11, 1991, Irving Like, Esq. , attorney for the applicants, furnished for the ZBA record a copy of the Health Department stamp of 6/18/83 for ref. No. 85-SO-36 for one dwelling only on the entire 4. 945 acre parcel. Subsequent to the scoping session, the Planning Board office advised that the PB was also going to consider a proposed "cluster plan" to join this 4.945 acre parcel with the minor subdivision to the south (Too-Bee Realty) , and cluster the lots. Any such proposal will require a new submission by the applicant and will, of course, require a variance for the same number of lots, since one additional lot is still being requested, we understand. The ZBA is awaiting communications from the PB, as lead agency, and the applicant as to the alternative to be chosen, as well as its SEQRA determination. r � APPEALS BOARD MEMBERS �O� CO SCOTT L.HARRIS Gerard P.Goehringer,Chairman Supervisor o Charles Grigonis,Jr. ccx `"p Town Hall,53095 Main Road Serge Doyen,Jr. P.O.Box 1179 James Dinizio,Jr. Ol �� Southold,New Yoorkrk 11971 Robert A.Villa Fax (516)765-1823 Telephone(516)765-1809 Telephone(516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD MEMORANDUM FOR THE ZBA RECORD Date of this Review: June 11, 1992 Re: Cliffside Associates (Kenneth Tedaldi and Neil Esposito) 1000-45-1-2. 1 (1 & 2) at CR 48, Greenport 11/2/89 - ZBA granted Special Exception - see plan dated July 19, 1989 prepared by Douglas P. Herrlin for 68 motel units without kitchen facilities and one manager's unit with kitchen. *** NOTE: Same floor layout was submitted to Planning Board on 10/13/89 for site plan approval. (Planning Board sent letter of objection to ZBA 11/8/91 to the new application for Interpretation ( #4039) ) . Copies attached. 12/8/89 - Building Permit issued to construct 5 motel structures containing 68 units without kitchens and one manager's unit/office with kitchen, and accessory pool, deck and tennis courts. 4/8/91 - Health Dept. confirms (after reading local newspaper advertisement) that they do not have an application for kitchenettes and will require revised plans. Copy attached. 4/11/91 - Application filed with Building Department for an amendment of building permit to include kitchenettes and amended floor plan layout. 4/25/91 - Building Dept. issued Notice of Disapproval for ZBA to consider cooking facilities in motel units. Copy attached. ZBA Memorandum for the Record June 11, 1992 Re: Cliffside Associates 7/16/91 - Filing fee $300 for Interpretation under No. 4039 filed with ZBA. (Variance request must be made subsequent to Interpretation in order to describe relief and basis of relief. Variance may or may not be necessary depending on outcome of Interpretation. $200. 00 fee for variance portion of application has not been paid since the variance is not appropriate at this time for filing. ) 7/25/91 - ZBA reviewed two-fold application. See attached resolution of the 7-25-91 Minutes. Interpretation portion of record will be proceeded first. SEQRA will need to be addressed on variance portion of record after Interpretation process has been finalized (if still needed by the applicants) . 8/15/91 - Hearing on Interpretation. (Mr. Haefeli asked for postponement.) Legal Notice attached. 11/21/91 - Hearing on Interpretation advertised again. Postponement requested 11/15/91 by Attorney Haefeli. The legal notice will be re-advertised when the attorney for the applicants confirm they are ready to proceed. (The hearing has been advertised for two hearing dates so far. ) t-- p s' ZVI /10N JUL 1 61991 i!.I Ilk c x So(Jv - 4 ` Ab \ i c. �y / i �(CL c j � r REFE2ENCE-�S um ampLAMCS ��'i57n7asymu5� a 1NjrJ- ' �' Arta a rx�a Isaa�Eo ante I pr2opEE -�7 s2.acf�45f�?'3ia.Erla„i�G); 9N zOSGROOL Cysc cr-Tr- GfIJ.IP�21" ,e c fl�013TRIC 3J�M, Rf G ^� .� �dtcvuFn• v Vmn Al 77-6 s g9•y, pelaaIs 49 uc idm 2 �s 20 MASTff-[2 40 �" � 5 ITE PLAN� G /yo gray pA C WFLrtSrI�f(F/ Pz DE CJ. ; 5CK 815 Y 119 59 .. OUG JUDITH T. TERRY j Town Hall, 53095 Main Road TOWN CLERK = P.O. Box 1179 REGISTRAR OF VITAL STATISTICS T Southold, New York 11971 MARRIAGE OFFICER y Fax (516) 765-1823 Telephone (516) 765-1801 1 ,} OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Zoning Board of Appeals FROM: Office of the Town Clerk DATE: July 16, 1991 RE: ZONING APPEAL APPL. NO. 4039 - CLIFFSIDE ASSOCIATES Transmitted herewith is ZONING APPEAL APPL. 4039 - CLIFFSIDE ASSOCIATES together with a letter from Richard T. Haefeli dated May 15, 1991, a letter from Gerard P. Goehringer to Richard T. Haefeli dated May 29, 1991, a letter from Richard T. Haefeli dated July 12, 1991, the Notices to Adjacent Property Owners, the Notice of Disapproval from the Building Department, the Short Environmental Assessment Form, the Questionnaire from the Zoning Board of Appeals, and a copy of the site plan. Judith T. Terry Town Clerk RICEIVeD TOWN OF SOUTH�O�LD, NEW YORK a�otd� � � 'bc( , APPEAL FROM DECISION OF BUILDING INSP Cy al APPEAL NO. q 037 SeutMW Town Gent DATE .............................. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) CLIF.F.SZQE..ASSOCIA.TES..........................of ..t3D..,1&SSup..AxsnUl ............................_........... Name of Appellant Street and Number Qvogue.............................................................................. ..New...gk..........HEREBY APPEAL TO Municipolity State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. .................................... DATED .p .}.I...1•i•,•••i9ai........................• WHEREBY THE BUILDING INSPECTOR DENIED TO IFF�I Dl`•ASS4C.I,0.7F,S............._......................... Name of Applicant for permit of 130..Jessup..Ausnua.,..Quoguc�,••New••Vark•.•1.19b9............................................... Street and Number Municipality State ( ) PERMIT TO USE ( . ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ..NAI th..Hi 9Srreer /Hain�eL r ,,•,New„York....Ra...................... / Use District 'cii Zoning Map District 1000 Sect ion45 B1ock1 Lotl Current Owner .._...........__......._............._ _._... ._.........._ . :li#fsj j, Accociat@& Mo 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 Section SEE RIDER ATTACHED 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( ) A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 ( ) SFF RIQFR ATTACHFI 4. PREVIOUS APPEAL A previous appeal (has) (has not) been mode with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit { ) request for a variance and was made in Appeal No. ....364.2....................Dated .............................,........................................ REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinance is requested for the reason that SEE RIDER ATTACHED Form zst (Continue on other side) � M [2od� RIDER TO APPLICATION This is an application for an interpreW%W,lire Zoning Code or, in the alternative, for a variance to permit kitchens in the 68 unit resort motel, the special exception for which was previ- ously approved by this Board and the site plan for which was previously approved by the Planning Board. The Building Inspector has refused to permit the applicant to file amended building plans showing kitchenettes for each of the proposed resort motel units. There is no prohibition contained in the Zoning Code prohibiting kitchenettes in a resort motel. In the event that the interpretation is denied,then the applicant requests a variance to permit construction of kitchenettes in a resort motel previously approved as a special exception by this Board. In 1989 a special exception application was made to this board requesting permission for the construction of a 68 room motel together with a mangaer's unit. That application was granted and a building permit subsequently issued. At the present time, the applicant has submitted an atnended building plan application to the building inspector showing the addition of kitchenettes to each of the units. W&amen"building application has been denied by impecW which has resulted in the applicant making the current application. The first part of the application"interpretation of the provisions of the zoning code of the Town of Southold, specifically the definition of a resort motel. The definition of a resort motel does not exclude or prohibit the construction of kitchen or cooking facilities in each of the units. When this definition is compared to the definition of a transient motel which specifically prohibits cooking facilities in the units, it is clear that there is no prohibition against cooking facilities in a resort motel. The provisions of the Zoning Code must be strictly construed against the Town with any ambiguity decided in favor of the applicant. When this application was originally prepared and filed with the Board of Appeals, the prior Zoning Code was in effect and cooking facilities were not prohibited in a motel and were excluded under the definition of hotel. All motels in the immediate area of the applicant's motel which were constructed under the prior code contain kitchen/cooking facilities. Since kitchen/cooking facilities were permited by the Town in all of the adjacent motels when the definition of a motel did not exclude such facilities,and the definition of resort motel still does not exclude kitchen/cooking facilities, this Board must be consistent in its treatment and interpret the Code so that kitchen/cooking facilities are permitted in a resort motel. In addition to the above, kitchenettes are customary accessory uses to the primary resort motel use and based upon this alone such facilities are allowed under the Code. In the event that this Board does not render such an interpretation then the applicant requests and area variance for the inclusion of kitchenettes or cooking facilities in each motel unit. The practical difficulty is that at the time the original application was submitted to this Board,cooking facilities were permitted in motels and it was only as a result of the recent changes to the Zoing Code and the Board's interpretation that cooking facilities are prohibited in resort motels. Therefore petitioner's will be the only motel in the Town of Southold which will be denied cooking facilities. This not only represents a practical difficulty but causes petitioner hardship in that petitioner will be treated differently than all the other motels in the area. Since the petitioner will be treated differently than all other motels in the area the petitioner's position is unique with respect to all other motels. Since motels are permitted use in the RR District wherein the property is located, the character of the area will not change as a result of this application. K�cCt-u., NOTICE OF L feet of the existin W Ikhead at' G d PUBLIC HEARINGS 1165 Old Harbor Road, New COUNTY OF SUFFOLK NOTICE IS HEREBY ', Suffolk, County TaxMap STATE OF NEW Y0RK ss: Parcel No.o. 100-117-3-8.4. Sub- GIVEN, pursuant to Section jest premises is located in the 267 of the'fbwn Law and the R-80 Zone District. Code of the Town of 4.7:45 p.m.Appl.No.4039 Southold, that the following -CLIFFSIDEASSOCIATES, Patricia Wood, being duly sworn, says that she is the public hearings will be held by INC. (Owner). Appeal of the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, the SOUTHOLD TOWN April 26, 1991 Notice of BOARD OF APPEALS, at a public newspaper printed at Southold, in Suffolk County; the Southold 'flown Hall, Inspptor,cifromth"...Article and that the notice of which the annexed is a printed copy, Inspector,citing"...Article III, 53095 Main Road, Southold, Section 100-13 -- Definition has been ,published in said Long Island Traveler-Watchman New York 11971, on THURS- Section of the Zoning Code once each week for . . . . . . . . . . . . . . . . . . . . . . . . . . . weeks DAY,MAY 20, 1993 commen- pertaining to "hotel or motel r cing at the times specified transient, which says in part below: that there will be no cooking successively, commencing On the . . . . . . . . . . . . . . . . . . . . . . 1. 7:30 p.m.Appl. No.4166 facilities." The subject — ROBERT W. ALCUS. re- �� 19 I quest for Variance to the Zen- ;day o I . . . . . . . .�!. q premises previously had ing Ordinance, Article IIIA, received a Special Exception r Section 100-30A.3 (Bulk under Appl. No. 3542 for / Schedule) for approval of an motel units without maps or ✓I �J existing deck around existing plans before the Board for in- accessory swimming pool dividual kitchenettes or dwell- {which pool structure has ing uses. (The Special Excep- received a Certificate of Oc- tion use did not include ap- Swom to bolnre me this .. . . . . . . day of . . . . . . . . . . . . . . cupancy under No. 14664 and proval for kitchenettes or Building Permit No. 13046 dwelling uses). Location of dated 6/17/94).Variance is re- Property: 61475 C.R. 48, .. . . . . . . . • • • • • • . 19 • / quired since all structures have Greenport, NY; .County 'fax a total lot coverage over 20%s Map Parcel No. 1000- of the lot area. Subject 045-01-001 and 002(now 2.1), premises is nonconforming as to total lot area and width in containing approximately 7.5 . . . . . . . . . . �. . . this R-40 Low-Density Zone acres. Notary Public District and is shown on the The Board of Appeals will y Map of Indian Neck Park as at said time and place hear any Lot No. 8, also shown on the and all persons or represen- BARBARA A. SCHNEIDER Suffolk County Tax Maps as tatives desiring to be heard in NOTARY PUBLIC, State of New York District 1000 Suffol Section 98, the above matters. Written No. 6 Qualified in Suffolk County 3lock'4,Lot 4.Street Address: ` comments may also be sub- Commission Expires g/31/qy 335 Smith Road,Peconic,NY mitted prior to the conclusion 2.7:35p.m,Appl,-Na.416 of the subject hearing. Each ETTORE PENNACCHIA hearing will not start before and TOUCH OF VENICE the times designated above.If RESTAURANT. Request for a you wish to review the files or Variance to the Zoning Or- need to request more informs- -- dinance, Article Section lion, please call 765-1809 or I00-IOIC(3)for permerm ission to visit our office locate an off-premises- Dated: April 30, 1993 iirectional sign on property ' BY ORDER OF THE awned by Ester DiGioia, SOUTHOLD TOWN" premises located in the Light BOARD OF APPEALS Industrial(LI) Zone District, ` GERARD P.GOEHRINGER it the southeast corner of the CHAIRMAN ntersection of Middle Road 4 By Linda Kowalski County Road 48)and Lipco 1X-5/6/93 15 load,Mattituck;County. ax ( ) Nap No. 1000-141-3-I8. 3.7:40 p.m.Appl.No.4165 SANFORD H. and 3LIZABETH M. �RIEMANN. Request for a Variance to the Zoning Or- , finance, Article XXIII, Sec- ion 100-239.4 for permission o construct addition and deck dition with spa will 75 � jN6E C7oRs (516)76580 2 RID,PdnciPal �O gOFFO(,�-CO scarrl HwRRTB.snpvi.oXCURTIS HORTON,Senior � � F y� Southold Town hall VINO ,rr R.WIECZOREK,Ordinance y P.O.Box 1179,53095 Main Road ROBERT FISHER,Auistant Fin t= Southold,New York 11971 Fax,�Building �� _ Teleph ne(5 6)765-IBM FISHER GARY FISH O� rh-L CTOR TOFFICEOWN o�F SOU INGOLD December 5, 1990I Mr. Kenneth J. Tedaldi P.O. Box 815 Quogue, New York 11959 RE: Cliffside/Tidemark Building Permit #18687-Z Suff. Co. Tax Map #1000-45-1-1 Dear Mr. Tedaldi: In reference to the amended plans submitted to this office yesterday, please be advised that this office will need a letter from the Zoning Board of Appeals approving the kitchenette in said units. According to Paragraph 5 of Appeal #3542, only the Managers Unit will contain kitchen facilities. If there are any questions, please contact this office. Very truly yours, S/O'UTHOLD TOWN BUILDING DEPT. Y,r',Y�, G. Victor G. Lessard, Principal Building Inspector VGL:gar cc to: Zoning Board of Appeals ✓ A ' DUr C Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE(516)7e6-1800 FAX No. (516)765-1823 APPEALS BOARD MEMBERS GERARD P.GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. ., SERGE DOYEN,JR. JOSEPH H. SAWICKI JAMES DINIZIO,JR. ACTION OF THE BOARD OF APPEALS Appl. No. 3542 Matter of CLIFFSIDE (TIDE MARK) . Special Exception to the Zoning Ordinance, Article V, Section 100-50B (Article XIII) , for permission to construct 76 Motel Units in this Resort/ Residential (RR) Zone District. Property Location: 61475 County 48, Greenport, County Tax Map No. 1000, Section 045, Block 01, Lot 01. WHEREAS. a public hearing was held and concluded on September 21, 1989 in the matter of the Application of CLIFFSIDE (TIDE MARK) under Appeal No. 3542; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; 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. The premises in question is located along the north side of County Road 48, Town of Greenport, and is identified on the Suffolk County Tax Maps as District 1000, Section 045, Block -01, Lot 01. 2. This is an application for a Special Exception from the Zoning Code Article V, Section 100-50B, (Article XIII) , for permission to construct 76 Motel Units. Page 2 - Appl. No. 3542 Matter of CLIFFSIDE (TIDE MARK) Decision rendered on November 2, 1989 3. At the time of thl hearing on 9/21/89, by letter W- the attorney for applicant, the Code sections were changed to indicate updated Section of present Code, Article VI, Section' 100-61B( 4) , as corrected. (1) Article VI, 100-61B (4) . the nature of 'this present application is for a 'special exception for 68 motel units and one manager's unit on this 7+- acres. As directed by Final Draft Environmental Statement on this project. (2) Hotel or motel 'uses as set forth in and regulated ` by 100-61B(4) of the Resort Residential (RR) District. (3) Definition of a Motel: Buildings or Building providing overnight accommsdationas for motorists (p.764, Language of Zoning, taken fidiiAfew York Zoning and Practice, Third Edition, By Robert M. Anderson) . 4. In considering this application, the Board finds and determines: r� (a) that the circumstances 'of this application are uniquely related to the premises and its established nonconformities; (b) that the area chosen for the Motel Units are not unreasonably located; (c) that the Special Exception will not in turn cause , substantial effect, on the safety health welfare, comfort, convenience and/or order of` ther-Town; (d) . that in carefully considering the record and,al above factors, the interests of. justice will be set ' granting the Special Exception, as applied conditionally below. ;. , Accordingly, on motion by Mr. Diniaio, seconded by lei. f } Grigoniw,° its was dw 1 F K' t AZ ' H a s� t lJ 4 Y Page 3 - Appl. No. 3542 Matter of CLIFFSIDE (TIDE MARK) Decision rendered November 2, 1989 RESOLVED, to GRANT a Special Exception in the matter of the application of CLIFFSIDE (TIDE MARK) as applied under Appeal No. 3542 for the placement of 68 Motel Units and 1 Manager Unit, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the 68 Motel Units not eed 600 sq. ft. in size. Article VI , Section 61B 4 (e) 2. That a sign be placed on .west..side of turning lane, to be added on the island, as shown on Site Plan of Henderson and Bodwell, Dated 11/6/89, indicating right turn only, the sign is to be approximately 2 sq. ft. in area and placed in full view of all vehicles exiting from complex. 3. That all construction be setback a minimum of 100 ft. from the bluff, with the exception of the ramp leading down to beach. 4. That together with erosion controlled plans, as indicated in DEIS, it is the suggestion of the Board for this _ Special Exception, that Hay/Straw bales be placed outside the 100 ft. mark ( landward) during construction. 5. That it is the understanding of this Board that only the Managers Unit will contain kitchen facilities. 6. That a contract with the Village of Greenport exists at the commencement of this construction project, for water and sanitary facilities. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, and Dinizio. This resolution was duly adopted. df GERARD P. GOE INGER CHAIRMAN RECEIVED AND �T rD BY T1 ... SOU-11-TOLD:1LD TOW' - C: :i DJ TE .� i :z' uil I O '• G 4- /��y Town Clerk, Town of °outhold IqV I a 0) ` BLOG. DEFT. PLANNING BOARD MEMBERS I 2v(-AXIT L. HARRIS Bennett Orlowski, Jr., Chairman w7 1 ` :Y „ , isor George Ritchie Latham, Jr. Richard G. Ward r' Town 5 Main Road Mark S. McDonald P. x 1179 NOV ' 4 Kenneth L. Edwards j',L 4"1 York 11971 PLANNING BOARD OFFIC Telephone (516) 765-1938 TOWN OF SOUTHOLD 6 765-1823 MEMORANDUM TO: Victor Lessard, Principal Building Inspector FROM: Bennett Orlowski, Jr. , Chairman _91 D, V hS RE: Stop Work Order for Cliffside/Tidemark Hotel Greenport, New York SCTM # 1000-45-1-2.1 DATE: November 8, 1990 In response to Mr. Tedaldi's October 30th letter requesting a field inspection, the site of the proposed Cliffside/Tidemark Hotel was inspected. The trees have been planted within the 100 foot buffer area from the bluff edge. t Please lift the Stop Work Order so that construction can continue. Attached is a copy of Mr. Tedaldi's letter. When a Certificate of Occupancy is requested, please contact this office for another inspection. Any trees that may have died in the interim and to 'be 'replaced before a Certificate of Occupancy is issued. Attached is the Planning Board's letter of August 24, 1990 in which the applicant was informed of this. If there are any questions,. please contact Valerie Scopaz of Planning Board staff. c- •`uR • TOWN Or SOUTIIOLD • - BUILDING DEPARTMENTC� SOUTHOLD, NEW YORK NOV 1 4-ft STOP WORK ORDER TO: KENNETH TEDALDI—CLIFFSIDR TIDE11M Owner, Uwner's Agent or Person Pertormtng Work) 130 JESSUP AVE., QDOGUE, N.Y. f1959 ' Aaaress of above-named person) YOU ARE HERESY NOTIFIED TO SUSPEND ALL WORK AT: 61475 COUNTY ROUTE 48, GREENPOBT, N.Y. (Acores- wnere work is to be stoppea) i TAX MAP NUMBER 1000-045-01-02 Pursuant to section 100-283 of the Code of the Town of Southold, New York you are notified to immediately suspend all work and building activities until this order has been rescinded. BASIS OF STOP WORK ORDER: CLEARING VEGETATION WITHIN 100 FEET OF THE BLUFF IN VIOLATION OF B. OF A. NO. 3542 DECISION, ALSO VIOLATES SITE PLAN APPROVAL. • CONDITIONS UNDER WHICH WORK MAY BE RESUMED: WHEN PLANNING BOARD AND BOARD OF APPEALS APPROVE ABOVE WORT. -------------- Failure to remedy the conditions aforesaid and to comply With the applicable provisions of law may constitute an offense punishable by fine or imprisonment or both. DATED: FEB. 13, -�- BUILDING INSPECTOR / CODC ENFORCC•JIEUT OFFICER CURTIS W. HORTON 1416-A M.g7l—Teat 12 - �PROJECT L0.NUMBEfl �� 617.21 t SEAR Appendix C w State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I—PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT/SPONSOR 2. PROJECT NAME CIIFFSIDE ASSOCIATES CLIFFSIDE ASSOCIATES 3. PROJECT LOCATION: Munlcloallty SOUTHOLD County SUFFOLK a. PRECISE LOCATION ISlreel moues and road imsraeclloas,p(Miami landmarks,ate.,or provide map) S. Is PROPOSED ACTION: ❑New ❑Expansion IS]Modillcalioniallaratlon 6.' DESCRIBE PROJECT BRIEFLY. REQUEST TO CONSTRUCT KITCHENETTES IN AN APPROVED PROJECT FOR A RESORT MOTEL, FOR WHICH A BUILDING PERMIT, NO. 18687-Z, HAS BEEN ISSUED. 7. AMOUNT OF LAND AFFECTED: Initially 0 acres Ultimately 0 acres ' 6. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ❑Yes ❑No It No,describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? Reside ntial ❑Industrial ®Commercial OAgricullWa ❑ParaForaaUO ens ace ❑OssResid P P Other 10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING.NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY IFEDERAL, STATE OR LOCAL)? ❑Yes ®No 11 yea,list agency($)and permillapprovals It- DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? 10N pR yp F'g gopRp o • ZONING$APPEA❑LS; SITE~PLAt�eA�PROVA ma LpFROMpPLANNINGEBOARD; UILDINGAPERMITLFROMMBUILDINGF e DEPARTMENT, ALL FROM TOWN OF SOUTHOLD, AS WELL AS SUFFOLK CO, HEALTH DEPT. APPROVAL. 12. ASS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? IN Yea ❑No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicamisponaor name: CLIFFSIDE ASSOCIAT Oau• Slgnalurr. C RIC , AllUKNtY It the action is in the Coastal Area, and you are a stato agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 (Continued on reverse side) Tha N.Y.S. d an enviro�^talirevieview Acltier 4miysio Of this form, and n baforo any action is taken. Aaudarey this aoara SHORT ENVIRONMENTAL ASSESSMENT 'INSTRUCTIONS; FORM • that t In order to answer the questions in _ Projectadditio and the will use currently .availablatinfosrmation conceris niassumeed d the es, r Impacts of the action. It is not axpecced that studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be Si nificant and completed Environmental Assessment Form is necessary. project is 4- (c) Ifnot allsignificant questions,have base answered No it is likely that the . (d) Environmental Assessment 1. Will Project result in a •A p to the ro largo Physical change ' than 10acrest l of land?e or Physically alter more 2. Will there b Yes X NO + a a major change to any unique or unusual land form on the site? 3. Will Yes X No project alter or have a large effect on an existing body Of water? 4. Will . ,.Yes X NO project have a Potentially large impact on groundwater quality? 5• Will Yes X NO project significantly effect drainage flew on adjacent Significantly Yes X No 8• Will project affect any threatens ` Plant or animal species? d or endangered 7. Will project Yes X No result in a major adverse effect on air quality? e. Will __Yes XNo acterProject ave a major effect on visual char- Of the' known to be community or scenic views or vistas important to the community? 9. Will Yes X No i use Of adversely impact any site or struct- im oOf historic, pre-historic, or PaleoncOlOgical P y site designated as a critical envircamental area by A local agency? 10. Will .Yes'• �X No project have a major effect on future recreational opportunities? existing or � ll. Will projectYes X-NO result in major traffic problems or cause a major effect to existing transportation systems? 12. Will Yes X No Project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project-3 Operation? 13. Will project have Yes X No or satecy? any impact on public health 14. Will project affect Yes X NO directlythe existing community by ore than as growth in Permanent popula- tion of more ' pe riotl or have Percent over a one-year character of a major negative atfoct on the ' Yes X No the community or neighborhood? 15. Is there public to project? troversy concerning the Freparer's Signatur -�—Ycs X 40 Representing; CLIFFSIDE ASSOCTATES - i— z9A y/)S RIDER TO SHORT ENVIRONMENTAL ASSESSMENT FORM The answers set forth in the Environmental Assessment Form have to do with the current application. Please note that as to the overall application,an Environmental Impact Statement was prepared, filed,accepted and adopted by the Planning Board of the Town of Southold. F.- Town Hall. 53095 Maui Road P.O. Box1)79 Southold.New York 11971yf TELEPHONE ($16)763.1938 PLANNING BOARD 41 TOWN OF SOUTHOT December 20, 1989 Henry Raynor 320 Love Lane Mattituck, NY 11952 RE: Cliffside/Tidemark SCTM #1000-45-1-1 Dear Mr. Raynor: The following action was taken by the Southold Town Planning Board on Monday, December 18, 1989. RESOLVED that the site plan of Cliffside/Tidemark Hotel which is composed of the following: a site plan (dated as received by the Planning Board on October 13, 1989) and a drainage .plan (dated as received by the Planning Board on November 30, 1989) and a floor plan (dated as received by the Planning Board on December 7, 1989) , be approved. The following conditions are included in this approval: 1 None of the individual hotel units may eXceed the a square footage noted on the attached floor `pl s k (Dated as Received by the Planning Board en' Dec$rober 7, 1989) of this approved site plan. 2. None of the individual hotel units shall have p{ "cooking facilities". 3. The stairs down the face of the bluff are NOT included in this approval. A separate amended application for approval ..for the stairs will have to be made once the appropriate permit is obtained from the Bureau of Marine Habitat Protection of the New York State Department of Environmental Protection. RESOLVED That the Chairman be authorized to sign the site plans onto which the aforementioned conditions have been attached. Enclosed please find a copy of the endorsed plan for your records. If you have any questions, please do not hesitate to contact this office. Ver truly yourfs� tiBeYitYet'f`%Orlowski; Jr:�dJ Chairman v' enc. cc: Building Department Assessor' s office vs ANEY B. BOWNE & SON Sidney B.Bawne,P.E.,L.S. lwal,,,/�;,,,_� Roland Antlers (1922.E., L.S. •''•"M�"'"7Jl"" Francis J.Lynch Chester C. tKelsey, P.E., L. - +- •.:y.'I Phillip Schlotzhauer Robert A.Stanton,P.E. 45 Manor Road—- ' Joseph F. Ste man Robert W. Brown,L.S. SmlthtOWnr N.Y, I�� j 9 ya a.--+— 7I William T.Styne Frankel A. Blackman,P.E..L.S. (Si 6) 724r0�'l Richard B.Weber Frank J.Antetomaso,P.E. , r George A. Style, P.E. Jerry D.Almont, P.E. '• George L.Fagan,Jr.,Ph.D.,P.E. Frank Capobianco,C.E. SOUTHpl0167ti V Paul F.Stevens,P.E. I PLANNIFIG 6W O Roger L.Cocchi,P.E. "December 15, 1989 Thomas R. Pynchon,L.S. Mr. Bennett Orlowski, Jr. , Chairman Planning Board TOWN OF SOUTHOLD 53095 Main Road Southold, N.Y. 11971 RE: Site Plan for Cliffside Motel , Greenport, N.Y. S.C.T.M. 1000-45-1-1 SBB No. 87530 Dear Mr. Orlowski : In accordance with your request of December 13, 1989, we have reviewed the revised plan on the above-referenced site. We find that the necessary modifications have been made, and pending receipt and review of the test hole data, hereby approve the plan. We will notify your office of our findings upon review of the test hole data. If we may be of further assistance in this matter, please let us know. Very truly yours, SIDNEY B. BOWNE & SON CONSULTING ENGINEERS �•�cr/TLo f'�' A. BARTON CASS, P.E. ABC:enr cc: R. Jacobs R. Dean - SBB MINEOLA a SMITHTOWN a . NEW PORK CITY a CLEARWATER An Equal Opportunity Employer WF/H Town Hall. 53095 Main Roada7 P.O. Box 1 179 Southold, New York 11971 } TELEPHONE (516)765.1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 6, 1989 Richard T. Haefeli 'P.O. Box 1112 Westhampton Beach, NY 11978 RE: Cliffside/Tidemark SCTM #1000-45-1-1 Dear Mr. Haefeli: The following action was taken by the Southold Town Planning Board on Monday, February 27 , 1989. RESOLVED that the Southold Town Planning Board accept and adopt the findings of the Final Environmental Impact Statement dated February, 1989. If you have any questions, please do not hesitate to contact this office. Vein my yours, /7 B ETT ORLOWSKI,JR. CHAIRMAN cc: See attached list it 1 Copies mailed to the. following: Suffolk County Department of Health Services 'Suffolk county Planning Commission -Thomas C. Jorling, DEC Commissioner Judith Terry, Town Clerk Building Department Board of Appeals Board of Trustees iApplicant vPlanning Board ,,Henry Raynor O'YS .7 EC- — 1� �pctyZy ✓� �tY ° � � EZS r � RICHARD T. HAEFELI ATTORNEY S COUNSELOR AT LAW 184 MAIN STREET P.O. BOX 1112 WESTHAMPTON BEACH, NEW YORK 11978 516 -288-5455 February 27 , 1989 Mr. Bennett Orlowski, Jr. Chairman Southold Town Planning Board 53095 Main Road P.O. Box 1179 Southold, New York 11971 Re: Application of Cliffside Associates (Tide Mark) Dear Mr. Orlowski: I have received a copy of the Planning Board' s (Board) reso- lution which adopted the Final Environmental Impact Statement (FEIS) on February 6 , 1989 . This resolution was adopted subse- quent to time the Board could act and therefore is null and void. The failure of the Board to act within the time limits provided for in SEQRA requires the Board to consider the DEIS as the FEIS. Not only has the Board failed to act in a timely matter, its proposed findings are inconsistent with the DEIS, have no factual basis, are contrary to its own studies, and are an attempt by. the Board to avoid, circumvent and ignore the provisions of the zoning Code and to arbitrarily impose its own requirements on this application. The FEIS, without any basis, concludes that a reduction in the number and size of units would mitigate the traffic hazard created by the limited site distance. The addendum to the DEIS, using the Transportion and Traffic Handbook, shows that the site distances of the proposed entrance to the project substantially exceeded the recommended minimum. To the extent that there is any concern as to site distance, the DEIS proposes to prohibit a left turn onto County Route 48, which more than adequately mitigates the concern. The FEIS further ignores the traffic information supplied with the addendum to the DEIS. Of the 29 accident reports, filed and included in the addendum, for. the area from 1983 , three con- , 1 RICHARD T. HAEFELI ATTORNEY S COUNSELOR AT LAW cern the intersection of Chapel Lane and Route 48, involving more than one vehicle, and one accident did not involve another vehi- cle. A review of these accident reports clearly establishes that none were the result of site distance from the applicant' s prop- erty west to Chapel, rather all three accidents were the result of negligent operation of a vehicle at the intersection. There were four other accidents between the applicant' s property and Chapel Lane. One was caused by the vehicle going out of control, one was caused by an individual charged with driving while intoxicated, one was caused by a high speed vehicle losing control and hitting a vehicle in the driveway at the San Simeon Nursing Home, and the last accident occurred as a result of a car stopped on Route 48 in front of the nursing home, prior to the area being designated no parking . Of the two accidents occurring at the area of the site, the cause of one has been eliminated as a result of the parking ban and as to the other, it was caused by a vehicle heading east, therefore having a site distance of 840 feet, which was being neg- ligently operated at a high speed and which hit another vehicle which was off the road and in San Simeon' s driveway. It is obvi - ous that the applicant' s proposal would not in any way have con- tributed to either accident. The remaining accidents included in the DEIS were either too remote from the site or involved acci- dents with animals. Based upon a careful review of the accident reports, it is clear that they support the DEIS finding that site distance is adequate and there is no basis to find that there are site dis - tance problems with the applicant' s property or that the appli- cant' s proposal will cause traffic problems at the intersection of Route 48 and Chapel Lane. While the FEIS states that the reduction in the number of units will reduce the traffic impact, there is no support in the FEIS or DEIS to support this conclusion. In fact, the FEIS itself contradicts this conclusion when it finds that 74 units of a reduced size is acceptable. The FEIS visual impact findings as to vegetation buffer , building height, number of units and non disturbance area are not supported by any factual data and are in contravence of the zoning code provision. In concluding that the adoption of these findings would bring the proposal more in conformance with the area ignores the fact that the area is now and has under the prior code been zoned for motel use and the predominant land use of the surrounding properties is either motel use or residential 2 RICHARD T. HAEFELI ATTORNEY 3 COUNSELOR AT LAW condominium use, located in structures of either one or two stories. The Zoning Code has provisions regarding buffering, and the proposals contained in the FEIS are in violation and in excess of these provisions both as to area and size of the plantings. The Code also provides for the limitation on height of buildings and number of units . In finding that one of the buildings should be one story and that the number of units should be reduced imposes restrictions in excess of the Code provisions. As to the non disturbance area between the road on the site and between the site and the bluffs, there is no provision in the code which permits such an area, and to impose it during the course of construction could prevent the applicant from constructing the units since a minimum area around all of the improvements will be disturbed during the course of construction. The FEIS again makes conclusions without any factual support when it states that a reduction in the number of units if the size remains the same or a reduction in size of the units if the number remains the same will significantly reduce water use. Considering the fact that public water is being supplied and the difference in size is approximately 500 square feet, there is no basis for such a conclusion. Nor is there any basis for concluding that 450 square feet is reasonable for a resort motel. The findings in the FEIS as to (a) a 30 foot buffer; (b) a reduction to 58 units or a reduction in the size of the units to 75; (c) a reduction in the size of the buildings are contrary to the findings in the DEIS, the recently adopted Master Plan and recent changes to the Zoning Code. The revisions to the current Code, which permit the number of units and size proposed by the applicant, were reviewed by this Board, were the subject of a generic EIS, were recommended by this Board to the Town Board, and were recently adopted by the Town Board after public hearings. If this use, and specifically the applicant' s proposal, have such an adverse effect on the environment, why were the current zoning provisions adopted? This application in its current form has been before this Board since March of 1986 , and at no time during the review process of this application and of the revisions to the Master Plan and Zoning Code were there any recommendations that the number of units be reduced as to number and/or size. It was only 3 RICHARD T. HAEFELI ATTORNEY S COUNSELOR AT LAW in the FEIS, delivered to you on February 6, 1989, that it was suggested that the number of units be reduced to 58. The implementation of the recommendation set forth in the FEIS will be tantamount to the Board changing the Zoning Code as to size and number of units, building height and buffering . This Board cannot, under the guise of SEQRA, ignore and avoid the re- quirements of the Zoning Code and impost its own requirements upon this application. This Board must understand that it has no independent author- ity or power either through the SEQRA process or through the site plan review process, to adopt requirements not found in the Zoning Code or impose requirements in excess of those set forth in the Code. The applicant's property has been zoned for motel use since the adoption of zoning in 1957 , and the size and density have been the same up to and including the most recent zoning changes. To ignore this fact and impose a density that is approximately one- fourth less than permitted is arbitrary and unreasonable. Very truly yours, "Richard T. Haefeli RTH:jl 4 SUMMARY The _Lead Agency would find -an alternative that, a) increases the amount of natural buffer to a minimum of thirty feet along Middle Road and on the east and west sides of the property; b) that reduces the unit count to 58 or reduces the individual unit size to 450 square feet at a maximum of 74 units, c) reduces the buildings facing on Middle Road to one-story, and d) 1 incorporates the findings on the subjects of traffic,lv'isual impact, water supply and sewage disposal, recharge, and shoreline and erosion control, will minimize environmental impacts to the greatest degree practicable. i i SZEPATOWSKI ASSOCIATES INC. CL'�' E\\IROWE%T1LE'.GI%EER5&L,A%DL5EPtA%%ERS • (a � • C rYp , / Town Hall. 53095 Main Road , P.O. Box 1179 Southold. New York 11971 TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 29, 1989 Henry Raynor Drawer A Jamesport, New York 119 Re: Proposed Site Plan for Cliffside/Tidemark Greenport, New York SCTM #1000-45-1-1 Dear Mr. Raynor, The above-referenced .site plan must be revised so that it is in compliance with new zoning code as it pertains to the Resort Residential district, as well as with the findings of the Final Environmental Impact Statement, a copy of which is enclosed for your convenience. The Henderson & Bodwell plans that were used for the DEIS and the FEIS should be used as the base for the site plan, not the 1987 plan of Douglas Herrlin. The scale should be 1"=201 . In order to bring the plan into compliance, either the number of units should be reduced to 58 ; OR the size of the units should be reduced. The Board will consider a reduction in the unit size to 600 square feet per unit at the 74 unit level. Additional information that is needed on site plan or as part of site plan: 1. Lighting plan. 2. Revised grading and drainage plan based on changes in layout due to changes required by the FEIS. Street elevations of County Road 48 along road frontage should be included. Buildings adjacent to County Route 48 shall be one story in height. 3. Landscaping plan. Include percentage landscaping and listing of numbers and types of species to be used. 4. Sign plan. Indicate size, type, location. 5. Location of off-street loading area (s) . 6. Location of dumpster. Indicate appropriate screening. 7. Utilities should be shown as being underground. 8. Traffic signage, as required by environmental review, should be shown on plan. 9. Construction details of the walkway down the face of the bluff should be included on the plan. 10. The swimming pool and tennis court recreational complex should be centrally located for the convenience of the motel guests. 11. Disposition of the frame house should be indicated. 12. 20 to 25 feet between the 100 foot buffer areas and the building should be allowed for emergency access without intruding into the buffer area. 13 . Building plans (including floor plans) should be submitted, along with the elevation drawings. Nine copies of the revised plan should be submitted to the Planning Board for review by the Board members, and the Town Engineer. Very T�uly Yo��rs, Bennett Orlowski, Jr. � Chairman art:, Or 0*4 SUMMARY jThe .Lead Agency would find -an alternative that, a) increases the amount of natural buffer to a minimum of thirty feet along Middle Road and on the east and west sides of the property; b) that reduces the unit count to 58 or reduces the individual unit size to 450 square feet at a maximum of 74 units, c) reduces the buildings facing on Middle Road to one-story, and d) ' incorporates the findings on the subjects of traffic, visual impact, water supply and sewage disposal, recharge, and Ishoreline and erosion control, will minimize environmental impacts to the greatest degree practicable. I I SZEPATOWSKI ASSOCIATES I - — ---- C t� E\\IRONMENPALE%GI%EERS B LA%DLSE PLANNERS P MEMORANDUM TO: FILE FROM: Valerie Scopaz, Town Planner RE: Clifside Tidemark March 17, 1989 meeting with applicants: specifically, Richard Haefli, attorney, Henry Raynor, representative, Douglas Herrlin, architect. DATE: March 27, 1989 The purpose of this meeting was to answer the applicant' s request for a clarification of the Board' s findings in the Final Environmental Impact Statement. The applicant questioned the Board' s findings, specifically the following items: 1. On what authority was the Board requiring the 30 foot side yard requirment, given that the Code requires only 15 feet? 2. What was the basis for the Board' s requirement that the number of hotel units be dropped from the proposed 74 to 58? My response to the above noted questions were: 1. If the Board finds that a 30 foot buffer or side yard would mitigate the environmental impacts of the site then it is acting within its authority under SEQRA to require it in the final site plan. 2. The Board did not require a reduction to 58 units. It stated two options, one of which is to reduce the number of units. The other option is to decrease the size of the individual units to 450 square feet, but leaving the number of units intact. Both Haefli and Raynor felt that the findings in the FEIS were biased because of misunderstandings about the nature of the project. They stated that they are not building a condominium, but rather a condo-hotel. That is, they are building hotel units that will be sold to individual owners, who must agree to allow the rental of the units for a specified number of weeks out of the year. THey also mentioned something that was not the. subject of the DEIS or the FEIS. There will be a year round dwelling unit for a manager on the site. This is the 75th unit that was shown one of the original site plans that was submitted before the DEIS was required. They requested that I determine whether the site plan had been sent to the Suffolk County Planning Commission for review prior to the compilation of the environmental impact statement. I have reviewed the file and can find no referral to the Planning Commission. n VALERIE SCOPAZ = TOWN PLANNER cn � , �, ;:� Town Hall, 53095 Main Road z P.O. Box 1179 Southold, New York 11971 •-,Y �� r TELEPHONE (516)765-1938 MEMORANDUM TO: Bennett Orlowski, Jr. , Chairman, Planning Board Gerard Goehringer, Chairman, Zoning Board of Appeals FROM: Valerie Scopaz, Town Planner DATE: September 20, 1989 RE: Cliffside Tidemark Site Plan Henry Raynor has left notice with Planning staff that revised site plans for the Cliffside Tidemark project that were :required by the Planning Board will be brought to the Zoning Board of Appeals hearing on Thursday, September 21st. The Planning Board' s copies will be left on the Supervisor' s Secretary' s desk at that time. Since neither Planning staff nor the Board has been given any opportunity to review the revised plans, a determination has not been made as to whether the site plans have been revised in accordance with the Final Environmental Impact Statement and the Planning Board' s requests. The Planning Board' s letter to Mr. Raynor, dated June 23, 1989, stated that revised site plans were to be submitted to the Planning Board office prior to the date of the Appeals Board's hearing, principally to allow the Board time to review the plan. The Zoning Board was notified of this by a separate memo. It is recommended that the Zoning Board of Appeals hold the hearing open until its next meeting so as to allow the Planning Board time, first, to review the site plans, and second, to forward comments to the Zoning Board of Appeals as per the agreed upon coordination procedure. Enclosed please find copies of all above-referenced correspondence. CC: Francis J. Murphy, Supervisor Town Hall. 53095 Stain Road P.O. Box 1179 ( L , 0 Southold. New York 1 1971 TELEPHONE - (516)765.1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 23 , 1989 Henry Raynor 320 Love Lane Mattituck, New York 11952 RE: Proposed Site Plan for Cliffside/Tidemark Greenport, New York 11944 SCTM#1000-45-1-1 Dear Henry: This is to confirm that the following information is still forthcoming: 1. Details of sign and a lighting plan for the entire site. 2. Topographical and other information as required by the Zoning Code; grading and drainage plans, and site elevations. 3. Detailed landscape plans, including buffer areas, building sites, and walkway to beach. 4 . Elevation drawings and floor plans. A complete copy of the revised site plan should be submitted to the Planning Board office prior to the date of the hearing at the Zoning Board of Appeals. Upon submission of twelve ( 12) complete copies of a revised plan that includes the above noted information, referrals will be made to the Building Department, the Suffolk County Planning Commission, the Fire District, the Trustees , the Highway Superintendent, the Suffolk County Department of Public Works, cr the New York State Department of Transportation, the Town Engineer and the Conservation Advisory Council as per Section 100-254D of the Zoning Code. ery tru ]y��,�. BENNETT ORLOWSKI, JR. CHAIRMAN cc: Zoning Board of Appeals Building Department ms Town Hail. 53095 Main Road1NGke P.O. Box 1179 Southold. New York 11971 TELEPHONE (516)765.1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: Southold Town Board of Appeals FROM: Southold Town Planning Board DATE: June 23, 1989 RE: Proposed Site Plan Cli.ffside/Tidemark SCTM$ 1000-45-1-1 r The enclosed revised site plan concept is in accordance with- the t Planning Board re 1 quirements. The data received however is incomplete ( see attached letter dated June 23, 1989 to Henry Raynor requesting complete plans) . See also, the letter to the State Department of Transportation requesting review of the proposed right turn only lane. 1 enc. SEP 2 1986 Architect Box 442,East Hampton,L.1.,Nm York 11937 1�k 1 l 25 August 1986 V ffside Motel Middle Road (CR 48) - Town of Southold, New York Dear Mr. Raynor: The building designs shown on the drawings to be submitted to the Southold Town Planning Board were reviewed as to height and number of stories by Mr. Hinderman of the Southold Town Building Department. Buildings 'A' , 'C' , 'D' , 'E ' and 'F ' are obviously two- story in nature with cellar areas used for storage purposes. Building 'B' has eight bedrooms with closet and bath at its lowest level, with these bedrooms connected 'to the first floor units above. This does not constitute a story either by State building construction code definition, or interpretation thereof by Mr. Hinderman. The following is from the State building code: Section 705. 1g, page 38. "The following locations shall not be deemed to be a story" : Section 705. 1g. 1, page 38 "A basement where the finished floor immediately above is less than 7 feet above the average eleva- tion of the finished grace. . . " I trust this clarifies the status of the lowest level of Building 'B' . ) Very truly,/ / Douglas Herrlin Arahite t DPH: sg D of � T LD S Y Southold, N.Y. 11971 (516) 765-1938 September 29, 1986 Mr. Henry E. Raynor, Jr. 320 Love Lane Mattituck, NY 11952 Re: Tide Mark Proposal Dear Mr. Raynor: The Planning Board is in receipt of the drainage calculations and it would help for our review to take the grading and drainage plan and indicate the system areas and basin locations on the plan. It is unclear from the calculations whether roof drainage is included. The Board wishes to make it clear that we need water and sewer contracts with the Village of Greenport prior to any further review. A preliminary review of the grading plan indicates that the "cellar area" is in most cases above grade prior to backfill which is shown onthe grading plan. We are not in concert with this approach which is in essence creates a third story on these units which is not allowed by Town Code. Please present at our meeting your suggested covenants and restrictions to guarantee that the operation of this as a motel without kitchen facilities will be in conformance with the Town requirements for motor vehicle transients. The Board also has concern over the definition of top of bluff as indicated on the plan and the setback requirements. Please be prepared to discuss this. If you have any questions, please don' t hesitate to contact our office. Very truly yours, BENNETT. ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD �-••. . RCW RV FRANOIS J.MURPHY SUPERVISOR ,,.,.� „�<<,_:'' e:� TOWN HALL,53095 MAIN ROAD ,,..�`� TELEPHONE P.O. BOX 1179 (516)765•I800 �J +;U SO P.O. NEW YORK 11971 -a OFFICE OF THE SUPERVISOR TOWN OFSOUTHOLD 0 TO: Planning Board gOUpTpy� FROM: Supervisor Murphy ASUMN AWA DATE: August 9, 1988 RE: Recommendation for amendment to subdivision regulations Application of Tidemark Resort Motel Would you please review the enclosed letters the Town Board received from the Greenport-Southold Chamber of Commerce with regard to the above-captioned matters. Thank you. FJM:rbw encs. i U Plers OK Motel After 5-Year Battle BY Bill Fallon g two . AlhotsQ two baths and aliv- -rraffe Questions Addressed come something of a first-class opera- SOUTHOLD—It took five yearn but . j, room. alrhrn.f ,,.1-e scaled-down Ms. Wacker,as well as Szepatowski tion for the town." _ t6: the developers of the Cliffsidede_mark sinned units between plan,nal andch en- 1 042 Associates, engineering consultants to In other planning news, the planners e�1 eemplex in Green finally got square feet The developer is Cliffside �e pl��'s'i� oasked�t the traf- have asked the DBM affordable housing the okay to build from the Planning Associates of Quogue. fie in the area be scrutinized. In the developera to set aside four of their half Board Monday night. layout approved Monday,there is an ac- acre lots for park space. Neighbors of Since it first hit a blueprint in August A major point of contention with celeration and deceleration lane surround the 55-lot subdivision on 37.5 acres off 1984, Cliffside/1 idemark has aroused Cliffside/fidemark can be found in the ing the entrance/exit.Also,no left-hand Boisseau Avenue,Southold,had argued many questions, including whether the Cli be bu half of its name.The project turns will be permitted while exiting. at several Planning Board meetings for units are really motel rooms or condo- is to be built above the Sound on the The "no left" rule will prevent people more green space in the subdivision, miniums waitingto ha north side of Route 48, opposite the from cutting across two lanes of traffic which is to be half affordable lots (at ° San Simeon nursing home on 7.13 ,The answer to that question is a com- acres. The North Fork Environmental re Barn to 48. As a last traffic $28,386 each)and half at whatever the Promise.There are to be 68 units at 600 Council remedy. the planners moved the market will bear. square feet apiece, plus a mana er's (I�FEC) had asked that the entrance/exit to its farthest practical' The comment period on DBM is still 8 bluffs' integrity be respected when point east on the apartment.They will be owned as con. NFEC president Ronnie Wacker spoke parcel. open.Green space aside,the developers dcminiums and rented out as motel to the planners in January,The planners Now, the hammers and nails take have bee—Herb umaa Mandel nd Richard secure a Israelcont act vent people from living in them full moms time-sharing basis to pre- arranged the layout so that a more accu- over,weather permitting. 'Their inten- with the Greenport Water Authority. rate monicker now would be'A Hundred tions are to begin building as soon as "They keep getting to the wire,but they tstrainime.(Furl-time residents are thought to Feet From Cliffside,"because that is the possible,"said Henry Raynor,one-time haven't actually got something in writ- more services like schools and police distance the closest building will be to town planner who,setved as a consultant ing," said Valerie Somethi the town more than a part-timers;) Each room the edge of the Sound bluffs. for the developers. s going to be-planner. • tedaldi P.O. Box 815 9uogue, N.Y. 11959 (516) 653-5588 June 19, 1991 Town of SouthoLd Main Road SouthoLd, New York 11971 Att: Mr. V. Lessard BuLLdLng Inspector Dear Mr. Lessard: EncLosed Ls a set of fLoor pLans that have been ap- proved by the PLannLng Board for CLLffsLde. We would LLke to put a service area Ln the LLVLng room, and according to the zonLng Ln the resort motel, area, (not transLent) a servLce area Ls permitted. i have aLso encLosed a copy of the servLce area we plan to use. It Ls desLgned specLfLcaLLy for resort motel, areas. ALso, to queLL any fears of thLs becomLng a condomLnLum, 1 am wLLLLng to put a covenant wLth the Town that this complex wLLL be compLeteLy cLosed durLng the months of December, January and February and re-open Ln the SprLng. Very truly yours, KJT/kw /Kenneth J , T daLdL Enclosure • Cie,`. ...,ugci Uven • lienlovable reflector.bowls ounlcrlop _ Signal light - .� rvicing Single handle faucet • ' • • Twu tubular oven units for uniform bake or • 3-112 inch drain high broil • Accommodates garbage disposal it "� rloP 20 gauge ype au t 304 stainless • Automatic oven heat control Counte • Utensil drawer - steel with drop-in sink bowl • Wired for 120/208-240 volt,2-wire, Undersink Cabinet single-phase AC - - Open back for easy access to electrical and . • UL Listed al dnu., pialoonsde. I Colors plumbing connections ' . r - Almond black white aridplatinuo' - LOnsull factory for modifications available. a ' I L wl "Oj w Y Model 48MKUC-0 i ~` Model 60MKUC (Available without upper cabinet— (Avm/ablewrthoulu � Mode172MKUC - Model48MK-O) cabinets (Available without upper cabinets — upper c c 1 Model cartim, Model72MK)� IT a ! Rni9afJ5C HNri9. 941rz ±1 { � Specifications �s- =1 S use ZlIr - SI" pecifications z,• z,• so I - Electric Range/Oven rr EfOC Electric Range/Oven • Two 6 nxh microtube surface units • O,. • Oven inside dimensions: 13 1/4"wide x 19" • One 8-inch and two 6-inch microtube sur clear depth x 15-1/2"overall height t`I` face units - • Ovcl der+ sines 7f,'.,�.,. �' .. Refrigerator Oven inside dimerisrons:l6'wide x 19" • 3.5 cu.If.capacity de' ' ov • -:-.h: dear depth x 15.1/2'overall height • Adjustable shelves Ref r' - Refrigerator j • 6.7 sq. ft.shelf area • 6.1 • 8.0 cu.ft.capacity • '-�'' .... . :!.,blr•,helves Two full widthadjustable shelves Freezer configured for tall bottle storage • Sink . T • 13.5 sq.'t. shelf area • Deep-bowl sink 10 by 14 by 5 inches • (=r' Freezer configured for tall bottle storage +�+y. Upper Cabinet I,I;. �O Sink • Textured steel front and adjustable shelves Sic • Deep-bowl sink 12 by 14 by 7 inches • Storage volume,net 9.7 cu.ft. • I i. Upper Cabinet • Shelf area,net 12.3 n,1, l)p • ft. • Cabinet i • Textured steel front and adjustable shelves height,:;0 I!•;>. . • Stmm90 vnhlme,net 14 cu.R. Shipping Weight,Domestic • • Shelf area,net IS sq.ft. Totaf 410 lbs. • ` • Cabinet height,30 inches • Shipping Weight,Domestic l • r Total 594 Ilzs. Sh h' I � y - M � � , � vi i -• ICI 4 -`t- _ ._-- .. . _.-'' �• — i 2 5GNEf'15LF= 'fit. ,; ; • '4x7/oxl& bx7/�xl�4 Jox�oxl�4 t i _ ., _ T C. jgg-9-mamrr5 'Iwri(,AEA- uEIC1E - lI��` — • M A fL i a, r m' DOI Do LP`f'J y-'•sT _ :d _ u I 1 I I i s F GO*01 sere' a area - -- i sere'ce area `t } unp _ servi ea $ oG Emm log-i; L' 4.i. n 112T LF- J I r: Y � • `y � 'Y Aid �l APPEALS BOARD MEMBERS ✓W SCOTT L.HARRIS i� Supervisor Gerard P.Goehringer,Chairman Charles Grigonis,Jr. '� t - . :; Town Hall,53095 Main Road Serge Doyen,Jr. „T ,.. P.O.Box 1179 James Dinizio, Jr. Southold,New York 11971 Robert A. villa BOARD OF APPEALS Fax(516)765-1823 Telephone(516)765-1809 TOWN OF SOUTHOLD Telephone(516)765-1800 May 29, 1991 Richard T. Haefeli, Esq. 184 Main Street Box 1112 Riverhead, NY 11901-1112 Re: Recent Appeal Request - Cliffside Associates Prior ZBA Action Rendered November 2, 1989 (Appl. #2542SE) Dear Mr. Haefeli: In reviewing the documentation that has been submitted by you in the above project, it is noted that you have included a Notice of Disapproval dated April 25, 1991 from the Building Inspector, the grounds of which are: "Article III, Section 100-13 (Definitions) of the Zoning Code-Action required by the ZBA to permit kitchenettes (cooking facilities) in individual motel units:" Also noted in reviewing the documentation is the property owner's two-fold request: (1) for an interpretation "of the Zoning Code"; (2) for alternative relief for a variance if "the interpretation is denied." Since a building permit has been issued and construction activities commenced based upon the November 2, 1989 Board of Appeals action under Special Exception #3542 for motel units without kitchenettes, it is unclear as to the purpose of this "appeal for interpretation." In addition, the reverse side of the appeal application, questions #1, #2 and #3, should be completed in detail. In the second part of the documentation submitted, a variance is being requested "for alternative relief" "if the interpretation is denied." It is the position of the Board of Appeals that it is without authority at this time to consider a variance for relief that is prematurely made and filed without a basis upon which to appeal. At this time, there is no basis to appeal for a variance for alternative relief since the requested interpretation decision has not been rendered. In the future, • • Page 2 - Appl . for Interpretation To : Richard T. Haefeli , Esq . Re: 0 iffside Associates you may file a variance for specific relief, by separate application and through the usual appeal procedures, where there are practical difficulties or unnecessary hardships in the way of carrying out the strict regulations of the zoning code. In light of the above, before proceeding with the request for an interpretation appealing the Notice of Disapproval dated April 25, 1991, the following must be furnished: 1. Mailing of neighbor notices must be re-sent by certified mail for the following reasons: a. Line #2 incorrectly described property location. b. Affidavit of Mailing for corrected neighbor notices must be furnished, with original signatures from deponent and from notary, filed with our office together with the original postmarked certified mail receipts. 2. Corrected appeal application for interpretation confirming the property location and appropriate County Tax Map Number at Paragraph #1. Please furnish the above items, together with a description of the basis, purpose and intent of the request for an "Interpretation appealing the April 25, 1991 Notice of Disapproval from the Building Inspector." Enclosed is an extra neighbor notification form for your convenience. Yours very t , GERARD P. GOEH INGER / CHAIRMAN lk Enclosure cc: Town Attorney' s Office PLANNING BOARD • 28 AU�T 13 , 1990 *Mr. Cross: The existing road now is gravel. We wish to extend that all the way down. This is just dirt. This on the hillside you can wash out as gravel. Mr. McDonald: You have to meet the town spec. Mr. Cross: I understand that. We are looking for backfill packed bluestone. Mr. Orlowski: You can pick up a copy of the specs. Mr. McDonald: I guess what we would recommend a reduction in the spec. Mr. Orlowski: Well, let' s take a look at it, I don't think there is any problem with what he wants to do in here as far as meandering. His biggest problem is cutting the cul-de-sac. Maybe we can do it with a turnaround. Let us take a look at it. Mr. Cross: O.K. . :x*x,isat.Utz►_***x*x**�*xxx***x**,r****x***x* Mr. Orlowskil: (Cliffs.�I�__ Mr. Tedaldi did you want to talk to the board7" "-- Mr. Tedaldi: Good evening, I 'm back here again tonight on the same project. I am the attorney for the applicant. I was at the site within the last hour. I don't know if any of you members have been there recently but I think we are in a position now that if we go in and try to comply with what you want it will be more of a disturbance in the area and do more damage then good because the area has completely regenerated itself and revegetated itself. The vegetation is anywhere from four to five feet high in my estimate, looking at a little while ago. If we go in and put in all the plants you want we are just going to go in there and rip out what is already there. To comply with what you want we're going to violate what you want. Let me emphasize again, when this was done what was done to it was not clear. You look at the upland area where we are going to do the construction and that was clear but in the area in question the growth was cut back and the ground itself was not disturbed and it keeps growing back in. You can't see the haybales and the haybales are out there. Mr. Orlowski: We could see them real well after they clear. Mr. Tedaldi: You can't see them now, have you been out there? Mr. Orlowski: Well, the problem was you did disturb it. Mr. Tedaldi: No, No, we cut it. What I am trying to do and you may not agree with me is I'm trying to distinguish between disturbing where we are going to construct we removed everything PLANNING BOARD 29 AUGUST 13, compared to that where we today, you are t w cut it back because if someregr regrowth. the area where weeathe egoiea to question isutota}I,yyt growth, construct Mr, there McDonald: One of the mmVte You have the right to letters like for maintenance gO in there you sent to us maintaIlrm tth ;YOU want Purposes-t and clear what ever letter do you still maintain thatat? Could clear w `d this matter.me from YOU but in one of I can't the letters say that tt� Mr. Tedaldi: ' in referem� t. You 11 have to show me the letter. Mr. McDonald: Let me ask you line YOU feel you have any right do You maintain that the to Clear whatever you to go over now T right to Please? the 100 foot set- g g° over and clear? In the future do b�k Mr. Tedaldi: Yam( ' is what Your approval said that we could not it said. We didn't clear and we haven' Mr. McDonald: t cleareail. that. Years old. You cut down trees that were sixty or seventh Mr. Tedaldi: No, no, Absolutely not. Mr. McDonald: I Counted the rings, rings. I we Mr. - went Tedaldi: You can �out and coUM t39, Those trees were count the cut down to rings all you want five years ago, sirr., Mr•`_McDCnald: I- was there when they were there. Mr. Tedaldi: No, I 'm sorry. Mr. McDonald: I was there when the trees we on the site when the tree's were not there, re there arnll Mr. Tedaldi: the MY understanding was down w that Property was acquired five the s ago were cat-. Mr. McDonald: Years ago. there. I saw the don't know about did the he trees. Your understanding, trees borings on your site,came -back and the trees bat. � were there. at the t' were, did the born � Mr. Tedaldi: _ When was that? Mr. McDonald: When the ? first Mr. Tedaldi: This year starting the clearing. ? PLANNING BOARD • 30 AUST 13, 1990 Mr. McDonald: Yes, when the bulldozers first came on site there. Mr. Tedaldi: George Wetmore had that cleared five or six years ago. I could give you the name of the person who cleared that whole complete land. Mr. McDonald: I wouldn't deny any of that. I am telling you exactly what I saw. When I went there, the cutting was fresh, the tree was fresh cut and the sawdust was there next to the stump. Mr. Tedaldi: I said to you the last time I was here what I did say to you is, we cut down the regeneration on the trees. We did not cut the actual trees down. They were cut down a long time ago. Mr. McDonald: These were fresh cut stumps. I took a real close look, I took a hard look because I wanted to be sure what I was seeing and that is what I saw. I saw a stump like this, with a pile of sawdust next to it and a fresh cut on the entire stump. Mr. Tedaldi: You are saying that you saw the tree's were cut? Mr. McDonald: That is right, I saw the tree's before they were cut. Mr. Tedaldi: You saw stumps that were five to six years old which they just cut back that is all you saw. There were no trees in that area more than six feet high. Mr. McDonald: That's not what I saw. Mr. Tedaldi: You saw a stump. Unknown: Then there is a difference because I was there last summer, I was there last summer and there were no trees in the area you are talking about along the property line. No question about it. Mr. Tedaldi: You saw a stump which they happen to cut back because there was growth coming out of it, that is what you saw. You did not see any tree that was sixty feet high that is totally ridiculous. Mr. McDonald: No, I didn't say they were sixty feet high. Mr. Tedaldi: I acknowledge what was there and I 'm telling you that what was cut back was a regeneration of the stumps that were cut years ago. Other than that the other vegetation was cut back, it was not removed, the bulldozer did not go into the 100 foot area, nothing like that was done. Have you been there recently? Mr. McDonald: I haven't been there in three or four weeks. PLANNING BOARD • 31 AU T 13, 1990 • Mr. Tedaldi: Now you can't get into the area. I wouldn't walk through it tonight, I would be afraid that you just couldn't get through with all the growth that is there. Mr. Orlowski: Well, let' s get back to the site plan and your landscape plan. Now, you are agreeing to plant all of that? Mr. Tedaldi: If you are going to force us to plant all that, we said we will plant it. My point to you is that if we do that we are going to go in and we are going to rip up vegetation that is there right now and we are going to cause more damage to that area by putting in what you want then leaving it the way it is and whatever we put in is going to be killed by the wild vegetation that is there so come next year you won't have any of that. I'm just asking you to go out and look at it, I looked at it an hour ago. Mr. Orlowski: We were there three weeks ago. Mr. --Tedaldi: And. .. Mr. Orlowski: Well, what I am asking you is are you going to plant to the landscape plan or you're not going to plant it. Mr. Tedaldi: We're asking not to because of what I just said. Mr. Orlowski: At all, ever? Mr. Tedaldi: We're asking you not to because there is no need to because what is there is regenerated itself. That is what I'm saying. The vegetation is there . The purpose of putting in what you want is for the purpose of having vegetation in the area and it is there. Mr. Orlowski: How about the trees? Mr. Tedaldi: You want us to put trees in, we'll put the trees in. Again, we have to go into the area and clear the area and put it in. Mr. Latham: I would like to go look at it. I think we want the trees in. Mr. Orlowski: You are agreeable to plant the trees? Mr. Tedaldi: Yes, I don't think we can put those in until September or October or else they will die. Mr. Latham: We didn't know about this last month or so. None of us knew about that. Mr. Orlowski: This board will go out and look again. • PLANNING BOARD • 32 AU*T 13, 1990 • Mr. Tedaldi: We would appreciate it. You will see the distinction between the two areas. Mr. Orlowski: O.K. Mr. Tedaldi: Will you be in touch with us? Mr. Orlowski: We will be in touch with you. Mr. Tedaldi: O.K. , thank you very much. Mr. McDonald: I ' ll entertain a motion that we adjourn for executive session. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. McDonald, Mr. Latham, Mr. Edwards, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. John Wickham - I 'talked with Melissa and Valerie about the possibility of putting a right-of-way down there which they want us to do but they won't pay for a right-of-way and I said that doesn't make sense because when you divide this area Where they already own the development rights and this, or they ought to have the whole plot. What we are planning on doing now is holding twenty-five feet for a right-of-way just inside the dike and this will give us an opportunity to repair the dike if we have to. Again, as I said there is 1900 feet there and there is 2000 feet of dike. Mr. Orlowski: Do you want to save this all as one piece? Mr. Wickham: Yes. Mr. Orlowski: It is not a buildable piece of land though. Mr. Wickham: Oh sure it is. This is all upland and the dike is all upland, this right here is two acres. There is something like one and three quarter acres of wetland and I just want you to know what I am planning and make sure that you see no real problem. My own thinking is that this won't ever be developed for at least fifty or sixty years, but since they won't pay for the development rights, they won't buy the development rights on wetlands, shore front and in phase I they didn't buy, they only bought this far and we still own all of the wetlands down here. We own thirty acres. i ®S�EFOIIfCOG To all, 53095 Main Road r�r+ SCOTT L. HARRIS P.O. Box 1179 y0' Supervisor Southold, New York �0 Fax (516) 765-1823 11971 Telephone (516) 765-I800 PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 1, 1990 Henry Raynor 320 Love Lane Mattituck, New York 11952 Re: Cliffside/Tidemark Hotel SCTM # 1000-45-1-1 Dear Mr. Raynor Before this Board will recommend the lifting of the stop work order on the above-named site, a landscape plan for the revegetation of the 100 foot buffer area must be submitted for review and approval. The landscape plan should attempt to replicate the vegetation that was removed. This Board's position is that the buffer area must be restored by May 15, 1990, before the stop work order will be lifted. Very Truly Yours, Q� Bennett Orlowski,e !/- /dS Chairman cc: Victor Lessard, Principal Building Inspector Kenneth Tedaldi, Principal, Cliffside Associates Gerard P. Goehringer, Zoning Board of Appeals a .2 .y, `.I^ • TOWN OF SOUTIIOLD BUILDING DEPARTMENT SOUTFIOLD, NEW YORK STOP WORK ORDER TO:_ KENNETH TEDALDI--CLIFFSIDE TIDENARK Owner, Owner's Agent or Person Pertorming Work) 130 JESSUP AVE., QUOGUE, N.Y. 11959 Aadzess of above-namea person) YOU ARE HEREBY NOTIFIED TO SUSPEND ALL WORK AT: 61475 COUNTY ROUTE 48, GREENPORT, N.Y. (Aaaress wnere work is to be stoppea) TAX MAP NUMBER 1000-045-01-02 Pursuant to section 100-283 of the Code of the Town of Southold, New York you are notified to immediately suspend all work and building activities until this order has been rescinded. BASIS OF STOP WORK ORDER: CLEARING VEGETATION WITHIN 100 FEET OF THE BLUFF IN VIOLATION OF B. OF A. NO. 3542 DECISION, ALSO VIOLATES SITE PLAN APPROVAL, CONDITIONS UNDER WHICH WORK MAY BE RESUNIED: WHEN PLANNING BOARD AND BOARD OF APPEALS APPROVE ABOVE WORK. Failure to remedy the cCnditions aforesaid and to comply with the applicable provisions of law may constitute an offense punishable by fine or imprisonment or both. DATED: FEB. 13, I990 �/ J BUILDING INSPECTOR / CODE ENFORCL•11�T OFFICER CURTIS W. HORTON 26 • rr Town Hail, 53095 Main Road 0 P.O. Box 1179 Southold. New York 11971 �1 49 '1 TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 27, 1989 Henry Raynor 320 Love Lane Mattituck, NY 11952 RE: Cliffside/Tidemark SCTM #1000-45-1-1 Dear Mr. Raynor: The letter sent to you on December 20th had an incorrect version of the resolution. Please substitute this letter for that one. The following action was taken by the Southold Town Planning Board on Monday, December 18, 1989. RESOLVED that the site plan of Cliffside/Tidemark Hotel which is composed of the following: a site plan (Dated as received by the Planning Board on October 13, 1989) and a drainage plan (dated as received by the Planning Board on November 30, 1989) and a floor plan (dated as received by the Planning Board on December 7, 1989) , be approved. The following conditions are included in this approval: 1. None of the individual hotel units may exceed the square footage noted on the attached floor plans (Dated as received by the Planning Board on December 7, 1989) of this approved site plan. 2. The stairs down the face of the bluff are NOT included in this approval. A separate amended application for approval for the stairs will have to be made once the appropriate permit is obtained from the Bureau of Marine Habitat Protection of the New York State Department of Environmental Protection. i RESOLVED that the Chairman be authorized to sign the site plans onto which the aforementioned conditions have been attached. Enclosed please find a copy of the endorsed plan for your records. If you have any questions, please do not hesitate to contact this office. e truly you Bennett Orlowski, Jr. Chairman enc. CC: Building Department Assessor's Office vs 1 75 2 (None) . 3 MR. GOEHRINGER: Seeing no hands, 4 questions from Board members? 5 MR. DINIZIO: None. 8 6 MR. GOEHRINGER: Motion to close hearing 7 saving decsion until later . 8 MR. DINIZIO: Second. 9 MR. GOEHRINGER: All in favor? 10 (Ayes) . 11 MR. GOEHRINGER: The next appeal is on 12 behalf of Cliffside (Tide Mark) , 3542 . 13 (Reading) . 14 MR. GOEHRINGER: Copy of several site 15 plans, the most recent one that I have received 16 or we have received in our office is one from 17 Douglas P. Herlin. It is dated receipted our 18 office 6/27/89 . I have a copy of Suffolk County 19 tax map indicating this and surrounding 20 properties. 21 I will mention to the attorney I see 22 moving around we will be closing this hearing on 23 the 4th of October pending discussion with Town 24 attorney concerning acceptances of Planning —�` 25 Board and final determination of impact RAM COURT REPORTING SERVICE (516) 727-3168 1 76 2 statement. 3 I ' ll refer to that at the end. So don' t 4 worry about that . 5 MR. HAEFELI : This I just is received this 6 evening. This is a copy of the improvement plan 7 which contains drain annual , et cetera, and 8 everything else. This is to be filed tomorrow 9 with the Planning Board. 10 Here is, for purposes of to night, here is the 11 schematic which follows that. 12 MR. GOEHRINGER: Could you state your 1 13 name, please? 14 MR. HAEFELI : Richard Haefeli , 184 Main 15 Street , west Hampton Beach, on behalf of the 16 applicant. 17 First thing I would like to point out, 18 there is a modification to the application. It 19 is not for 76 units it ' s for a total of 68 units 20 plus a manager ' s unit or total of 69 units. 21 Number of units reduced downwards. Locate in 22 R. R. district which permits a resort motel by 23 way of special exception and with approval of 24 the Planning Board . ' 25 In order for it to be permitted in that RAM COURT REPORTING SERVICE (516) 727-3168 1 77 2 district you need a minimum area of five acres , 3 maximum number of units with water and sewer and 4 for the Board' s purposes, we have signed paid 5 contracts for both public water and public sewer 6 with Greenport Water District and Greenport 7 Sewer District. One per every four thousand 8 square feet, that would work out to 78 units. 9 As I said this particular application reduced 10 downwards to six units . 11 The other two things you have to have in 12 the use, no music or loud speakers audible 13 beyond the property and no lighting beyond the 14 property. This plan does not provide for either 15 of those. 16 As far as special exceptions provisions 17 are concerned , even general standards and 18 specific standards. As far as this particular 19 application is concerned , the property and the 20 adjacent properties are used for motel on the 21 east. The properties to the west are used 22 either for the vacant property, condominiums and 23 motel on the west. A and B would be complied 24 with since this use is compatible with and same i 25 as other current properties in the area. RAM COURT REPORTING SERVICE (516) 727-3168 1 78 -� 2 The safety and welfare and health would 3 not be adversely affectd. As this Board knows, 4 there was an extensive environmental review of 5 this particular application that took two and a 6 half years. There was a final environmental 7 impact statement adopted by the Planning Board 8 in March of this year . 9 Among the recommendations by the Planning 10 Board was a reduction in the number of units, 11 reduction in the sizes of the buildings and a 12 reduction in the square footage of the units , 13 and a requirement for a 30-foot buffer on all C14 sides . 15 There is no provision in the code as to 16 the sizes of the units , but the applicant has 17 agreed that the units will be 600 square feet in 18 size . 19 As far as the buffer, I think the maximum 20 is 25 feet? We ' ve also agreed to 30 feet that 21 the Planning Board has set forth in FEIS? 22 As a result of the reduction of the number 23 of units are also reduced footprint and the size r 24 of the buildings . L 25 As far as adverse effect upon the traffic , RAM COURT REPORTING SERVICE (516) 727-3168 • i 1 79 2 this is a proposal no left turn coming out of 3 the project onto County Road 48. It has to be a 4 left turn only. Part of the concern in the 5 environmental process was the number of units 6 and the reduction down and the number of units I 7 think accomplishes the concern as far as 8 traffic. 9 As prior to the recent changes in the 10 zoning code this property was zoned for resort 11 motel uses. There was an extensive review by 12 the Town with respect to what uses should be 13 permitted what zoning districts. This L 14 particular property was rezoned and the same use 15 was permitted. Therefore I think it' s 16 compatible with the area. 19 17 All of the other provisions that are set 18 forth in both 1263274 I believe have been met by 19 the applicant and are being met by the applicant 20 as far as this application is concerned. Almost 21 all of those were considered and taken into 22 consideration in the environmental review 23 process: I 'm open to any questions which any r-I 24 members of the Board may have. I have Mr . Samet 25 hear from the engineering firm He can answer RAM COURT REPORTING SERVICE (516) 727-3168 _ 1 80 � 2 any of the technical questions you may have. 3 The architect is also present. 4 MR. GOEHRINGER: When we originally came 5 before the Planning Board concerning the 6 objections of the traffic plan which now are 7 somewhat minimized by your discussion concerning 8 the left-hand turning lane, there was some 9 discussion about the actual widening of County 10 Road 48 at that particular point. To my 11 knowledge County Road 48 is going to remain in 12 the present state. No center lanes turning into r i � 13 the project at all, from westbound to eastbound 14 direction. 15 MR. HAEFELI : I think that' s correct. I 16 don' t know of any, let' s put it that way. 17 MR. GOEHRINGER: During the period of the 18 correspondence between our office and your 19 office, basically, the contracts that you had 20 just mentioned with the Village of Greenport 21 concerning water and sewer, it ' s been my 22 understanding that they have been taken care of 23 as you just mentioned. If this particular r 24 project was to be started tomorrow and so as I�t• 25 completed in five or six months, you would have RAM COURT REPORTING SERVICE (516) 727-3168 1 81 2 the use of those two facilities; is that 3 correct? 4 MR. HAEFELI : That was considered in the 5 environmental impact. They found the same 6 thing . 7 MR. GOEHRINGER: Under the present 8 mandates of Greenport Water has -- whatever 9 problems they have based on their requirements 10 from Suffolk County. 11 MR. HAEFELI : This project is in their 12 calculations. That' s what I have been told. 13 MR. GOEHRINGER: On the top of the list. 14 MR. HAEFELI : The contracts have been 15 signed. All of the money for them have been 16 paid to Greenport. We also have Health 17 Department approval . 18 Just on the traffic question, i think the 19 major concern were cars coming from the east to 20 the west and the sight distances were somewhat 21 less coming from the east to the west. Steve, 22 you can correct me on this. 23 Whereas coming from the west and going to r 7 24 the east, which would be a turn in, I think it (2. 25 was determined that there was adequate sight RAM COURT REPORTING SERVICE (516) 727-3168 1 82 -� 2 distances . 3 MR. SAMET: You have good sight distance . 4 If you stay in the site and look east, you have 5 adequate sight distance, about 500 feet. As you 6 look from the site towards the west , it ' s 7 slightly less. From an engineering standpoint, 8 that having a left turn into the site and/or out 9 of the site would be acceptable. 10 The claimant is willing to limit the site 11 to only a right turn out if the Board so choses. 12 MR. GOEHRINGER: Thank you . L 13 MR. HAEFELI : That was considered in the 14 environmental impact statement. 15 MR. GOEHRINGER: The other concern 16 basically was , did he follow the bank or 17 encounter any particular problems during the 18 type of construction that may affect the lip of 19 the bluff, which is not really a bluff, it' s a 20 bank , so to speak , okay? 21 I don' t think this was properly addressed 22 when it was a concern of ours, but it may have 23 been a concern during the period of time that r , 24 the other Boards have looked at it. � �. 25 MR. SAMET: That was addressed in the RAM COURT REPORTING SERVICE (516) 727-3168 1 83 2 environmental impact statement. It was 3 requested they would keep back a hundred feet 4 from the bluff , which is this line over here, as 5 you can see the it. All development with the 6 exception of the ramp coming down to the beach 7 would be kept within outside on the hundred foot 8 setback . We have erosion control plans within 9 the plans to show protection of vegetation 10 within that area. 11 MR. GOEHRINGER: Anything else you want to 12 mention, Mr . Haefeli , concerning this? 13 MR. HAEFELI : Absent recitation of each of 14 the provisions in the general and special 15 provisions, as I say the impact statement which 16 is part of this entire process has covered all 17 of that. 18 MR. GOEHRINGER: Our concern with the 19 impact is something we want to discuss with the 20 Town attorney. So we will recess this hearing 21 again only to discuss it with him and close the 22 hearing with no other oral testimony on October 23 4th at our next meeting. It only concerns the r—� 24 remaining findings of that final impact 25 statement. It shouldn' t affect anything at this RAM COURT REPORTING SERVICE (516) 727-3168 1 84 2 point but we want to make sure we are correct on 3 that. 4 If you have any questions I ' ll do the best 5 I can to answer them at this particular point. 6 MR. HAEFELI : I ' m not sure of -- 7 MR. GOEHRINGER: Planning Board voted in 8 March of 1989 to accept the final impact 9 statement? 10 MR. HAEFELI : That is correct. 11 MR. GOEHRINGER: We are not sure if there 20 12 had to be a reduction of findings at that r 13 particular point. In other words, culled from 14 that particular impact statement the actual 15 findings themselves , rather than having them 16 imbedded in that particular statement. 17 MR. HAEFELI : They adopted the D. E. I . S. 18 and all other things as the final environmental 19 impact statement. 20 MR. GOEHRINGER: We were unable to contact 21 the Town attorney today, we want to make sure 22 that that' s fine with him. 23 MR. HAEFELI : Okay. Very good . r- 24 MR. GOEHRINGER: It ' s nothing of great 25 significance. We noted this project was RAM COURT REPORTING SERVICE (516) 727-3168 1 85 �I 2 earnestly on the fire for a few years. We want 3 to make sure we are correct . 4 MR. HAEFELI : If I could get the schematic 5 back , when the Board is finished with it. 6 MR. GOEHRINGER: Anybody else like to 7 speak in favor of the application? 8 (None) . 9 MR. GOEHRINGER: Anybody in the audience 10 who has not had time to review these documents, 11 would like to sit down with them, place them on 12 the table, here, place them on the side, welcome 13 in the audience to take a look at them, and get 14 back to the after the next hearing if you have 15 any comments that you would like to review. 16 (None) . 17 MR. GOEHRINGR: Anybody would like to 18 speak against this application? 19 (None) . 20 MR. GOEHRINGER: Hearing no further 21 comments , I will make a motion recessing this 22 hearing. No more oral testimony simply just 23 from the legal standpoint of reviewing the final 24 D. E. I . S. with the Town attorney. We will close 25 it on October 4th at our special meeting. I ' ll RAM COURT REPORTING SERVICE (516) 727-3168 1 86 2 offer that as a resolution, gentlemen. 3 MR. GRIGONIS: Seconded. 4 MR. GOEHRINGER: All in favor? 5 (Ayes) . 6 MR. GOEHRINGER: Thank you very much , 7 gentlemen, for coming in. The next appeal is 8 appeal number 3770 . TD�T of E�yP7 9 (Reading) . 10 MR. GOEHRINGER: We ' ve had several site 11 plans. I ' ve had at least one informal 12 discussion with members of the planning staff, 13 not necessarily the Planning Board. One 14 discussion with the member of the Planning 15 Board. Before me I have a site plan that has 16 just been received. It is received on August 17 18th, 1988? 18 It says it ' s checked by Roderick Van Tuyl , 19 P. C. , and probably printed by him, but it was 20 probably prepared by consultant. I have a copy 21 of the Suffolk County tax map indicating this 22 and surroundinging properties in the area. 23 The issue at hand is a proposed boat r 24 storage building of approximately 125 feet in i� 25 width and rather extensive enough in size placed RAM COURT REPORTING SERVICE (516) 727-3168 OCT a, 1 fh l' L PLAAlNL.G EOA4D lee id Y rJ- ;�r,� , M,c'CL:S rr3111. ••r • n Cl�l Si�� Qucx; � r OL)G LA5 p. , ,f2cu 9 Gerhard Road Plainview,New York 11803 Plainview 516/43^34200LIV November 13,1%9 Wetmore Real Estate 746 Front OreenpoM NY 11944 Dear Travel and Relocation Manager, We'd like to introduce you to a unique concept in hotel accommodations on Long Island. The Marriott Residence Inn-Plainview offers your guests these very special features: h • All suite accommodations. 'v • In room kitchen facilities including cooktop stove, microwave,refrigerator,and all necessary utensils. • Coffee maker. • Cable TV with remote control. In addition, our facilities include indoor/outdoor pools, health exercise room, outdoor barbecue area, whirlpool and Finnish saunas. There are many special services provided that create a 'home away from home atmosphere. Your guests will enjoy a complimentary buffet breakfast daily. We provide a grocery shopping service,and complimentary movies are shown in our 170 seat movie theatre,4 nights per week. On a weekly basis we also host a Wednesday night complimentary barbecue, a Thursday night wine and cheese party, and on Tuesdays—Kids Fun Night. All of these functions allow our guests to intermingle, make new friends and business contacts. The services and facilities of the Marriott Residence Inn-Plainview have been designed to satisfy guests needing overnight accommodations, as well as for families requiring long term relocation. Our rates are reasonable and highly competitive: 1-6 Night Stay 7-29 Night Stay 30+Night Stay Studios $99-120 $90-110 $80-95 1 Bedroom Suites $135-145 $125-135 $110-120 2 Bedroom Suites $179-195 $160-180 $150-170 Rates above are based on single occupancy and extra adults are only$15.00 per night. Kids under 18 stay free in parents'room. So try us the next time you have business clients visiting the area. We'll treat them like members of our family. ForTeservations or information,please call 516/433-6200,and ask for Donna. Cordially, 6;/ Marriott Residence Inn-Plainview -i GPM ct l.Q A/.o ur- . 924%t- — M 1 T� M Rem f yce�2 6dA� 31.10A max (?e mov1l1f fig /lest-r rc . . pugjsi .�uo7 ,9- eklfs AkRIANI`drld oIf, 7q'�C Ax C, C.cfr *#s Ic a 46 �_e. C ',c "0'.5 yoC, %Ou y po W42rS ReC1ki J- Zr4 y y� Pu r s oaf .a-r-q�✓ d�r� ?� ,e�e.✓��' G co�o�,a �,��-DUN✓�`'��,. , 00-13 SOUTHOLD CODE § 100-13 v § 100-13 ZONING § 100-13 highest point of the`'roof for flat and mansard roofs and to the HOTEL OR MOTEL, TRANSIENT— A building or group mean height between eaves and ridge for other type roofs, of buildings, whether detached or in connected units, containing individual guest units consisting of a room HISTORIC BUILDING — See "landmark designation" arranged or designed to be available for use as sleeping and HOME OCCUPATION —This shall be understood to include living quarters for transients on a daily rental basis, provided the professional office or studdo of a doctor, dentist teacher, that one (1)such unit may connect directly with no more than one (1) other such unit and that no cooking facilities shall be artist, architect, engineer, musician, lawyer, magistrate or available. Each such unit shall have a door opening on the practitioners of a similar character, or rooms used for "home occupations," including home baking, millinery or similar 1*� exterior of the building or on a common hallway leading to the Vtcrafts, provided that the office, studio or occupational exterior. A "transient hotel or motel" may include such s are located in a dwelling in which the practitioner accessory uses as an office, restaurant, accessory personal services, swimming pool and off-street parking facilities. The resides and provided further that no goods are publicly displayed on the premises and no sign or advertisement is terra transient hotel or motel" shall not ," construed to include "resort motel" or "mobile home park," nor shall it be shown other than a sig n not larger than two square feet in deemed to include dwelling unit exce t that of the owner total area, bearing only the name and occupation(words only) or manager. any dwelli p of the practitioner. JUNKYARD — Land occupied or to be occupied for storage HOMEOWNERS' OR HOMES ASSOCIATION— A cram- of old wood, paper, cloth or metal, including old automobiles, munity association, including a condominium association, trucks, equipment, machinery, fixtures and appliances not which is organized in a residential development in which usable as originally designed,and also including any portion of individual owners have a shared interest in the responsibility v v such old automobiles,trucks,equipment or machinery as may for open space or facilities. be sold as and for junk or salvage. The existence on any residential lot of three(3)or more unregistered automobiles or HOTEL OR MOTEL, RESORT — A building or group of trucks not housed within a building shall be deemed to be a buildings, whether detached or in connected units, containing "junkyard."Public sanitary landfills and the structures located individual guest units consisting of a room arranged or thereon shall not be included in this definition.' d&ped to be available for use as sleeping quarters for trWients on a daily rental basis or for vacationers or other LANDMARK DESIGNATION —The designation of a build- Persons on a weekly rental basis, provided that one (1) such ing or structure of architectural or historic significance to the unit may connect directly with not more than one (1) other town through listing the property in the town's Register of such unit. Each unit shall have a door opening on the exterior i Designated Landmarks and filing a copy of the entry in the of the building or on a common hallway leading to the Town Clerk's office. exterior. A "resort motel"may include such accessory uses as LANDSCAPING — An area of land restricted to landscape a beach cabana, private dock, dining room, restaurant or v v items which may also include such elements as natural swimming pool, conference and meeting facilities or an features, earth berms, soul lure, si accessory convenience shop, office or personal service facility, P gns, lighting, accessways, bikeways and Pedestrianways provided that such facility or shop is located within the building without any external sign or display and off-street LIGHT INDUSTRY — An activity which involves the fabri- parking facilities. The term "resort motel" shall not be cation, reshaping, reworking, assembly or combining of vnstrued to include"transient motel"or"mobile home park." Editors Note: Fee aLs CA.54,Junkyard& 10022 2.y5-89 ! 10023 —^r —40' I - e R Ii HD HD - / RR r HD R r- _ . :R-80 ! I LB B ` t 4 �T R 40 LIO o I�,S R .� R-80 ors �• � -.':w�� Ceram � RR \ \R-80 / 'OWN ISLAND \\ Cankb np Point '] - qe 4p tl U31 .- jOF . >I` S� + ze. � qq 4SD ,.la .«.a"n / � ��/�L • �IJ LSD � 13 _ � ' 'O WVIU��3 I• >. t f n• /�� \\\ O In •I.tl' urtl ,dtl y 1> I ' of ' " pD. rJ(E��pKf jo\ti<<so LI.1 e� \ I 6 _wwo .£'"rl vya• � I�Twa 45 1- wool I I -O'OI.Ka. . e .: FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL(� pp Date . . . . . .I.tLRJt�. . .9. . . . . . . ., To �. . . . . . . . . . . . . . . . . . . . . . . . . . . . PLEASE TAKE NIIOTIIICE that your application dated 1...'. .rfr. .. I! ��c- •�1, , , 19 4? . for permit to . . . . . . at Location of Property . . . . . . . . . . . . � . •4 G' ,, p �� House No. " " • •( — — . . . . . . • • Street Hamlet County Tax Map No. 1000 Section . . . . .Ck Sf. . . Block . . . !:�;� . . . . . . . Lot . .40. .1 . . . . . . . . Subdivision . . . . . . . . . . . . . . . . . Filed Map No. . . . . . . . . . . . . . . . . Lot No. . . . . . . . . . . . . . . . . . is returned herewith and disapproved on the following grounds . , ,Q1A,geov� /Gd�/3 14. a . U b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Building Inspector RV 1/80 o - l • - - ------ ------------ - FORM NO.a f TOWN OF SOUTIIOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL nn Date . .n. , L �K. aZS .. ... 19 .4 ��o4(j vvvv CRr2�&°Q° - Ytc�c�nO �C� . . . . . . . . . . . . . . . . . . . . . . PLEASE TAKE NOTICE that your application dated . . . . n for permit to �-rl S!' !-. . c s. . �s Rra a�.T� blot( ( (i-k Location of Property . .�.I ` ?S Q{A Hoat use No. ' ' ' ' ' • • Street eet ' • • • • • • County Tax Map No. 1000 Section Namler . . . . . . . . . Block . . . . Q. . . . . . . Lot Subdivision . . . . . . . . . . . . . . . . . Filed Map No. . . . . . . . .. . . . . . ..p. L . ot No. . . . . . . . . . . . . . . . . . is returned herewith and disapproved on the following grounds . • • • • • • • • • • • • • • • • • • • • . • • • • • • • • • • • • V• • • • • • • • • . • i: • • • tL Building Inspector • � RV 1/80 VALERIE SCOPAZ Town Hall, 53095 Main Road TOWN PLANNER Ln • P.O. Box 1179 ZIP, Southold,New York 11971 Ol 1�i Y1�o TELEPHONE (516)765.1938 MEMORANDUM TO: Gerard P. Goehringer, Chairman . Zoning Board of Appeals FROM: Valerie Scopaz, Town Planner DATE: October 4, 1989 RE: Cliffside/Tidemark The following information may be useful to your Board in its review of the Cliffside/Tidemark application. 1. This should be treated as a request for a Special Exception for a transient motel/hotel in keeping with the definition in the Zoning Code. The transient motel/hotel definition specifically provides for the inclusion of a residential unit for a manager or owner, whereas the resort motel/hotel definition does not. The project has at various times been described as a resort motel. The use of this descriptive term has sometimes been confused with the definitive term in the Zoning Code. 2. The site plan that has been referred to your office by the Planning Board does not include floor plans. The applicant has submitted floor plan concepts at other, earlier stages of review, but these plans now exceed the new restriction of 600 square feet per hotel room unit. The Planning Board has requested the inclusion of revised floor plans in the site plan. Floor plans that have been submitted in the past have shown suites consisting of a living area, two bedrooms, and two full baths. So far, none of the plans that have been submitted show the usual motel/hotel amenities or features, such as storage closets for the janitorial equipment, the bed and bath linens, the paper and soap supplies, etc. 3. This project is being proposed as a condominium hotel, whereby each room unit will be owned separately. The owners of each unit must agree to rent the units fora specified number of weeks per year. (This information was brought to my attention at a meeting with He Raynor and Richard Haefli, attorney, in March of 1989. ) It is hoped that additional information about the condominium hotel concept will be forthcoming from the applicant. If I can be of further assistance to the Board of Appeals, please do not hesitate to ask. o��5�EF0 CG ® Southold Town Board of Appeals 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. JOSEPH H. SAWICKI April 4, 1989 JAMES DINIZIO, JR. Richard T. Haefeli, Esq. 184 Main Street P.O. Box 1112 Westhampton Beach, NY 11978 Re: Appl. No. 3542 - Cliffside Associates (Tide Mark) Dear Mr. Haefeli: This letter will confirm that the Board of Appeals at our Regular Meeting held March 16, 1989 authorized the tentative placement of the above application for a public hearing at the first available (Z.B.A. ) calendar, following submission by the applicant of the following, to complete and update the file since the date of initial filing: 1. Four site plan maps, revised to comply with FEIS and Planning Board action) ; 2. Two sets of floor plans and/or general construction plans of units (as modified) ; 3. Written authorization to update file for this new RR Zone District, renumbered Article VI, Section 10061, Subsection B(4) . A copy of this letter is being furnished to the Planning Board and the Town Attorney for their files. Yours ;e��l� GERARD P. GpEHRINGER CHAIRMAN lk cc: James A. Schondebare, Town Attorney Southold Town Planning Board and Office 1 • • 1 2 TOWN OF SOUTHOLD BOARD OF APPEALS \ 3 - - - - - - - - - - - - - - - - BOARD MEMBERS PRESENT: 4 GERARD P. GOEHRINGER, CHARIRMAN 5 CHARLES GRIGONIS, JR. SERGE DOYEN, JR. 6 JOSEPH H. SAWICKI JAMES DINIZIO, JR. 7 DOREEN FERWERDA, 8 Secretary to Board - - - - - - - - - - - - - - - - - - - 9 Town Hall 10 State Road 25 P. O. Box 179 11 Southold, New York 11971 12 September 21 , 1989 7 :30 P. M. 13 Cl 14 15 16 17 18 19 20 21 22 23 24 25 RAM COURT REPORTING SERVICE (516) 727-3168 f APPEALS BOARD MEMBERS �O�oSOff�( COG SCOTT L.HARRIS Gerard P.Goehringer,Chairman c y` Supervisor Charles Grigonis,Jr. y x „- Town Hall,53095 Main Road Serge Doyen,Jr. O P.O.Box 1179 James Dinizio,Jr. y�'0®! 4 �0! Southold,New York 11971 Robert A.Villa / Fax(516)765-1823 Telephone(516)765-1809 Telephone(516)765-1800 D BOARD OF APPEALS TOWN OF SOUTHOLD -1W V MEMORANDUM FOR THE ZBA RECORD Date of this Review: June 11, 1992 Re: Cliffside Associates (Kenneth Tedaldi and Neil Esposito) 1000-45-1-2.1 (1 & 2) at CR 48, Greenport 11/2/89 - ZBA granted Special Exception - see plan dated July 19, 1989 prepared by Douglas P. Herrlin for 68 motel units without kitchen facilities and one manager's unit with kitchen. *** NOTE: Same floor layout was submitted to Planning Board on 10/13/89 for site plan approval. {Planning Board sent letter of objection to ZBA 11/8/91 to the new application for Interpretation (#4039) ) . Copies attached. 12/8/89 - Building Permit issued to construct 5 motel structures containing 68 units without kitchens and one manager's unit/office with kitchen, and accessory pool, deck and tennis courts. 4/8/91 - Health Dept. confirms (after reading local newspaper advertisement) that they do not have an application for kitchenettes and will require revised plans. Copy attached. 4/11/91 - Application filed with Building Department for an amendment of building permit to include kitchenettes and amended floor plan layout. 4/25/91 - Building Dept. issued Notice of Disapproval for ZBA to consider cooking facilities in motel units. Copy attached. ZBA Memorandum for the Record June 11, 1992 Re: Cliffside Associates 7/16/91 - Filing fee $300 for Interpretation under No. 4039 filed with ZBA. (Variance request must be made subsequent to Interpretation in order to describe relief and basis of relief. Variance may or may not be necessary depending on outcome of Interpretation. $200.00 fee for variance portion of application has not been paid since the variance is not appropriate at this time for filing. ) 7/25/91 - ZBA reviewed two-fold application. See attached resolution of the 7-25-91 Minutes. Interpretation portion of record will be proceeded first. SEQRA will need to be addressed on variance portion of record after Interpretation process has been finalized (if still needed by the applicants) . 8/15/91 - Hearing on Interpretation. (Mr. Haefeli asked for postponement.) Legal Notice attached. 11/21/91 - Hearing on Interpretation advertised again. Postponement requested 11/15/91 by Attorney Haefeli. The legal notice will be re-advertised when the attorney for the applicants confirm they are ready to proceed. (The hearing has been advertised for two hearing dates so far. ) • FORM NO.3 <� TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL((�� a pp Date . . . . . .l.�L . . .g. . . . . . . ., To . . . . . . . . . . . . . . . . . . . . . . . . . . PLEASE TAKE NOTICE that your application dated . . . .r. .:. for permit to A""'t" •". . aZ. t+e . .WL. . .�+-µ?. . . . . . . . . . . . . . . . at . . . . Location of Property . . . . . t{ w . . . . : . . . . . House No. � Street . . . . . . .%/amlet County Tax Map No. 1000 Section . . . . .Q. S . . . Block . . . I . . . . . . . Lot . .Q .1 . . . . . . . . Subdivision . . . . . . . . . . . . . . . . . Filed Map No. . . . . . . . . . . . . . . . . Lot No. is returned herewith and disapproved on the following grounds .�i.4�. A, , ,qe tov� /Gb—/3 tr a I *460 r riY►.4.r' 7. . . � .�1. . . i . .%% . . . . . . . . . .. . . . . . . . . . . . . . . . . .Q. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .D. . . . . . . Building InsF RV 1/80 COUNTY OF SUFFOLK� B PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF HEALTH SERVICES Apr. 3 , 1993. DAVID HARRIS. M.D., M.P.H. COMMISSIONER Douglas P. Herrlin, Architect Box 442 East Hampton, NY 13.937 Re: Cliffside Tidemark Motel North Road Greenport Dear Mr. Herrlin: A recent article in a local newspaper indicates Tidemark is proposing kitchenettes for the project. Please submit for review a revised plan indicating locations and construction details for this aspect of the project. Yours truly, Robert H. Gerdts Sr. P.H. Sanitarian Housing & General Sanitation RHG/bg /"cr. : Town of Southold Bldg. Dept. COUNTY CENTER RIVERHEAD.N.Y. 11901 1, R►IF i - lull I r w uai r�'e' ra�fa+,6 a cep uva n W p � u`ux, l�o xl�cr uvinr�I I tea__ .-La"A Fr3l. lit` l:.'. ; Tf.}.,k•'...�V'd• �PSTJ+I K'iii 4 `.'{S7N.ItrOt'12 PfS't'.y,l w, �. :.v I I Ij �II , .III tily� l.' p 1 j - I_ �II�} I t.III! I i.y '1 ,.,I 1 •L l_ v-nkk;12Aa<J�Z I, 1 Ilfi lusuu Burlut j Not �tN !t011 list,H"'Bik 111i�Hil' Mill FEW Eli, Hit'iNiCgftl Ii11111f1 f111gI 1u1ttt��HMiyAmoll ;I11101111111 I� NOWp11J1 II1.,it, 10at I'11t%LIIII t ( rfsy4 wmill� Ivll�il� 1 ){ ;. I ��I�I Iw•ri,��l�. � ' a��1.��+..�J'.;::'.. NMIgNn:.�— s � a� o' � J�6 �'�i�-i1l111 r ram_ �. �—_— � -- —��_��►�� •w!!• u■I N . �fu I=�� ,/, „ ■u l•uI' 111H1Np11 III I laws '�•�■�r■.� ��.�.��,.��- U OII.u' �iN 111 �I •si, j ; !1/`INl', ��•N�. IN;�I�I 111 fill ■■ ■■r' �p1 11 !/ hNi i..' 1p1 gas ) J am, ,411tlrjNlllfill JkEll_i_1i u m�II� �u .�, i � �III too uu ul, 111 yy 1, �rl Cl!19 Ii qi II ql — —_, i=� im _ 4 v Oman .ii s I�, i ;��® I II ��n -..�-. --•� ate_ __ trl�r��fill -� r Il If lirlrl {IrPiiI,Nl1 111111tilli rig6 1' �+ i{yy�{{, ry/ _ ■In ® I� , r�rrri�l�rll o��SUffO(,�n PLANNING BOARD MEMBERS W ' SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman t, �,)t�'� Supervisor George Ritchie Latham, Jr. Richard G. Ward i 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 MEMORANDUM TO: Gerard P. Goehringer, Chairman Zoning Board of Appeals _ ._._..._- i FROM: Bennett Orlowski, Jr. ----------.� --- - Chairman RE: Appeal No. 4039 by Cliffside Associates Cliffside/Tidemark Motel County Route 48, Southold SCTM # 1000-45-1-1 DATE: November 8, 1991 The Planning Board wishes to convey its opposition to the request of the owner of Cliffside/Tidemark Motel for a favorable interpretation of the Zoning Code so as to permit the granting of a variance to install cooking facilities (kitchens, kitchenettes) in the motel units. The reasons for the Board' s position are as follows: The 68-unit hotel complex received site plan approval on December 18, 1989. The site is approximately 7. 002 acres or 305,005 square feet in area. Construction of 68 unit motel or time-share units, each 600 square feet in size, and with two bedrooms apiece, will result in a site density equivalent to 9.7 units to the acre. The Resort Residential zoning district provides for a maximum density of 10. 89 units to the acre (one unit for every 4,000 square feet of land area) , provided water and sewerage services are available. By way of comparison, the maximum residential density allowed by the Zoning Code is four units to the acre in the Hamlet Density district (formerly the Multiple Residential district) . Only one residential project, Founder's Village, has more units to the acre. However, those units are restricted to two residents apiece because of a Health Department variance. In the Resort Residential zoning district, there is no restriction on the number of residents per unit. However the applicant chooses to define the terms "cooking facilities" , "kitchen" , "kitchenettes" (with or without a microwave, hot plate, small refrigerator, wet bar, small cupboard, small sink, etc. ) , the addition of same will change the purpose of the project from a resort motel or, more accurately a condo- or time-share motel to a regular residential dwelling unit complex. Granting the right to have kitchens, kitchenettes or cooking facilities, however the terms are defined by the Zoning Board, could set the stage for the conversion of these units from motel time-share units to year-round dwelling units. This is contrary to the intent of the Resort Residential zoning district. In effect, allowing the installation of cooking facilities, kitchens and kitchenettes in 68 units on a seven acre parcel will be granting the project owner a benefit that: 1) is not enjoyed by any other residential complex in any zoning district, and 2) is not enjoyed by any other approved resort motel or hotel complex within Southold Town to the best of our knowledge. If there are such facilities in existance, perhaps there should be an investigation into whether they have been installed legally. Finally, the Planning Board' s approval of this project was in keeping with the findings of the Final Environmental Impact Statement, which was adopted on February 27, 1989. If your office did not receive this document in 1989 as part of the coordinated review, the office staff will supply you with a copy. cc: Victor Lessard, Principal Building Inspector APPEALS BOARD MEMBERS JySUrr�7(,(-n- SCOTT L.HARRIS Supervisor y Gerard P.Goehringer,Chairman h�0 . P Charles Grigonis,Jr. c �� Town Hall,53095 Main Road Serge Doyen,Jr. ti fit,. xr n, James Dini7io,Jr. P.O.Box 1179 „ O °. ,. ,,;,. , Robert A.Villa '�� Southold,New York 11971 t ' o Fax(516)765-1823 Telephone(516)765-1809 .emu Telephone(516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD August 4, 1991 Richard T. Haefeli, Esq. 184 Main Street Box 1112 Westhampton Beach, NY 11978 Re: Recent Appeal Request - Cliffside Associates Dear Mr. Haefeli: This letter will confirm that the above application, in which you have requested an interpretation under the definition j. section of the zoning code, Article I, Section 100-13, has been placed on the calendar for a public hearing to be held at 8:50 p.m. on Thursday, August 15, 1991, and that the processing of SEQRA has been suspended in order to allow you an opportunity to ) present the merits of the interpretation request. This will also confirm that the request for alternative relief (variance if "the interpretation is denied" has been iii111 deemed incomplete for the following reasons, and must be filed separately for the following reasons: �] (1) an additional filing fee of $200.00 has not been �(J/ submitted; (2) the application is premature and has not been filed in accordance with the normal procedures for variance requests. Also, at this time, there is no basis to appeal for a variance for alternative relief since the requested interpretation decision has not been rendered; .t. L ! (3) SEQRA procedures must be followed upon receipt of a complete variance application, and SEQRA determinations rendered tJ and filed in accordance with the requirements of 6 NYCRR Part �w a 617, and Article 8 of the Environmental Conservation Law. Yours very truly, lk GERARD P. GOEHRINGER Enclosure CHAIRMAN Southold Town Board o(*Appeals -22- July 25, 199 Special Meeting NEW APPLICATION: Appl. No. 4039 - CLIFFSIDE ASSOCIATES. Following updates of the documentation, as re-submitted, the following action was taken: 1 WHEREAS, a two-fold application is being made by Ken- neth J. Tedaldi in behalf of Cliffside Associates, through his attorney, Richard T. Haefeli, Esq. ; and WHEREAS, upon reviewing the application forms submitted, it is apparent that the requests are two-fold, described as: (a) first, a request for an interpretation under the definitions section of the zoning code, Section 100-13 , and (b) second, a request for a variance requesting relief, apparently of the subject interpretation, which has not yet been advertised, heard or decided by the Board; WHEREAS, the first part of the application, to wit: , the interpretation request, is complete under the provisions ' pertaining to proper notice and filing; however the second part of the application, to wit: the variance requesting relief, or "alternative relief," is not complete and must be re-filed for the following reasons: submitted; (a) an additional filing fee of $200.00 has not been (b) the application is premature and has not been filed in accordance with the normal procedures for variance requests. At this time there is no basis to appeal for alternative relief since a variance has not been denied or otherwise acted upon by the Board, and which is still pending under the first part of this application; (c) supplemental SEQRA procedures must be followed upon receipt of the complete variance application, and SEQRA determinations rendered and filed in accordance with the requirements of 6 NYCRR Part 617, and Article 8 of the Environmental Conservation Law; the SEQRA determinations of more than two years ago, for a different application, decided for a Special Exception for motel units without cooking or kitchen facilities or pertinent plumbing system hook-ups, may not be applied entirely to this variance application which proposes multiple cooking/kitchen facilities and pertinent water and sewer system hook-ups in all motel units. A supplemental LEAF for "Unlisted Actions" and other steps, if further determined, will be required for the new variance application, when filed in complete form; NOW, THEREFORE, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was Southold Town Board o(Appeals -23- July 25, 1991 'Special Meeting RESOLVED, that the first part of this two-fold application, to wit: the request for an interpretation under the defintion section (Section 100-13) of the Code is authorized to be advertised for a public hearingito be held on THURSDAY, AUGUST 15, 1991 at the Southold Town Hall, 53095 Main Road, Southold, New York, and BE IT FURTHER RESOLVED, that the State Environmental Quality Review Act (SEQRA) procedures are hereby temporarily suspended to allow processing of the first part of this two-fold application for the interpretation only concerning transient or resort motel definitions; and BE IT FURTHER RESOLVED, that the second part of the two-fold application be re-filed and processed separately, when determined complete in accordance with the filing and notice requirements of the code for specific relief and/or alternative relief, with a determination from the Building Inspector upon which to base the appeal. Vote of the Board: Ayes: Messrs. Goehringer, Dinizio and Villa. (Member Doyen left early to fly back to F.I. and Member Grigonis was absent due to illness. ) This resolution was duly adopted. UPDATE: Appl. No. 4030 - HANAUER & BAGLEY (filed May 8, 1991, and pending SEQRA) . The Chairman reported that he attended the Scoping Session at the Planning Board Office on July 2, 1991. At the meeting, he said he did bring it to the Planning staff's attention that the validity of the Building Permit as of the current date may be questionnable since the Health Department approval expired. The survey map submitted with the Building Permit renewal applications did not include a current approval from the Health Department. On June 11, 1991, Irving Like, Esq. , attorney for the applicants, furnished for the ZBA record a copy of the Health Department stamp of 6/18/83 for ref. No. 85-SO-36 for one dwelling only on the entire 4.945 acre parcel. Subsequent to the scoping session, the Planning Board office advised that the PB was also going to consider a proposed "cluster plan" to join this 4.945 acre parcel with the minor subdivision to the south (Too-Bee Realty) , and cluster the lots. Any such proposal will require a new submission by the applicant and will, of course, require a variance for the same number of lots, since one additional lot is still being requested, we understand. The ZBA is awaiting communications from the PB, as lead agency, and the applicant as to the alternative to be chosen, as well as its SEQRA determination. r re 1\ RICHARD T. HAEFELI ATTORNEYS COUNSELORATLAW 164 MAIN STREET \/ P.O. BOX 1112 WESTHAMPTON BEACH, NEW YORK 11978 516- 268-5466 TELECOPIER November 13, 1991 16161 288-5474 Gerard P. Goehringer, Chairman Southold Town Board of Zoning Appeals Town Hall, 53095 Main Road P.O. Box 1179 Southold,New York 11971 Re: Application of Cliffside Associates Dear Mr.Goehringer. I've received the notice indicating that the above matter has been scheduled for a hearing on November 21, 1991. Please be advised that my client wishes at this time to adjourn this matter until sometime after April 1992. Thank you for courtesies in this matter. Very truly yours, l` 7 Richard T.Haefeli RTH:nh c.c. Kenneth J. Tedaldi Southold Town Board of Appeals !" o� MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE(516)765-1809 FAX No. (516) 765-1823 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. JOSEPH H.SAWICKI JAMES DINIZIO,JR. ACTION OF THE BOARD OF APPEALS Appl. No. 3542 Matter of CLIFFSIDE (TIDE MARK) . Special Exception to the Zoning Ordinance, Article V, Section 100-50B (Article XIII) , for permission to construct 76 Motel Units in this Resort/ Residential (RR) Zone District. Property Location: 61475 County 48, Greenport, County Tax Map No. 1000, Section 045, Block 01, Lot 01. WHEREAS, a public hearing was held and concluded on September 21, 1989 in the matter of the Application of CLIFFSIDE (TIDE MARK) under Appeal No. 3542; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; 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. The premises in question is located along the north side of County Road 48, Town of Greenport, and is identified on the Suffolk County Tax Maps as District 1000, Section 045, Block 01, Lot 01. 2. This is an application for a Special Exception from the Zoning Code Article V, Section 100-50B, (Article XIII) , for permission to construct 76 Motel Units. Page 2 - Appl. No. 3542 Matter of CLIFFSIDE (TIDE MARK) Decision rendered on November 2, 1989 3. At the time of this hearing on 9/21/89, by letter to the attorney for applicant, the Code sections were changed to indicate updated Section of present Code, Article VI, Section 100-61B( 4) , as corrected. (1) Article VI, 100-61B (4) , the nature of this present application is for a special exception for 68 motel units and one manager's unit on this 7+- acres. As directed by Final Draft Environmental Statement on this project. (2) Hotel or motel uses as set forth in and regulated by 100-61B( 4) of the Resort Residential (RR) District. (3) Definition of a Motel: Buildings or Building providing overnight accommodations for motorists (p.764, Language of Zoning, taken from New York Zoning and Practice, Third Edition, By Robert M. Anderson) . 4. In considering this application, the Board finds and determines: (a) that the circumstances of this application are uniquely related to the premises and its established nonconformities; (b) that the area chosen for the Motel Units are not unreasonably located; (c) that the Special Exception will not in turn cause substantial effect on the safety, health welfare, comfort, convenience and/or order of the Town; (d) that in carefully considering the record and all the above factors, the interests of justice will be served by granting the Special Exception, as applied conditionally noted below. Accordingly, on motion by Mr. Dinizio, seconded by Mr. Grigonis, its was Page 3 - Appl. No. 3542 Matter of CLIFFSIDE (TIDE MARK) Decision rendered November 2, 1989 RESOLVED, to GRANT a Special Exception in the matter of the application of CLIFFSIDE (TIDE MARK) as applied under Appeal No. 3542 for the placement of 68 Motel Units and 1 Manager Unit, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the 68 Motel Units not ped 600 sq. ft. in size. [Article VI , Section 6IB, 4 (e 2. That a sign be placed onwest.-side of turning lane, to be added on the island, as shown on Site Plan of Henderson and Bodwell, Dated 11/6/89, indicating right turn only, the sign is to be approximately 2 sq. ft. in area and placed in full view of all vehicles exiting from complex. 3. That all construction be setback a mipimum of 100 ft. from the bluff, with the exception of the ramp leading down to beach. 4. That together with erosion controlled plans, as indicated in DEIS, it is the suggestion of the Board for this Special Exception, that Hay/Straw bales be placed outside the 100 ft. mark ( landward) during construction. 5. That it is the understanding of this Board that only the Managers Unit will contain kitchen facilities. 6. That a contract with the Village of Greenport exists at the commencement of this construction project, for water and sanitary facilities. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, and Dinizio. This resolution was duly adopted. df GERARD P. GOERRING;Y CHAIRMAN FOR FILING WI THESTTnNZABREA. APPLICATION ~ A. Please disclose the names of the owners) 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. ) KENNETH J. TEDALDI _ivyI ESPOSITO B. Is the subjec re t pmises listed on the real estate market for sale or being shown to prospective buyers? { ) Yes {X ) No. (If Yes, please attach copy of "conditions" of sale. ) C. Are there any proposals to change or alter land contours?- ( ) Yes {X) No D. I. Are there any areas which contain wetland grasses? N.A. 2. Are the wetland areas shown on the map submitted with this application? N.A. 3. Is the property bulkheaded between the wetlands area and the upland building area? N.A. 4. If your property contains wetlands or pond areas, have You contacted the Office of the Town Trustees for its determination of jurisdiction? N.A. E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? N.A. (If not applicable, state F. Are there any patios, concrete barriers, bulkheads or fences which exist and are not shown on the survey map that you are submitting? NONE . If none exist, please state "none." G. Do you have any construction taking place at t4is time concerning your premises? YES Of your building permit and ma la yes, please submit a copy P 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 VACANT LAND proposed use CONSTRUCTION STARTED Er AN Ap and MOTEL, —Autrd4J d 5 14/91 KENNETH J�-1EOA#4e rate 3/87, 10/901k 0� RIDER TO APPLICATION This is an application for an interpretation of the Zoning Code or, in the alternative, for a variance to permit kitchens in the 68 unit resort motel, the special exception for which was previ- ously approved by this Board and the site plan for which was previously approved by the Planning Board. The Building Inspector has refused to permit the applicant to file amended building plans showing kitchenettes for each of the proposed resort motel units. There is no prohibition contained in the Zoning Code prohibiting kitchenettes in a resort motel. In the event that the interpretation is denied,then the applicant requests a variance to permit construction of kitchenettes in a resort motel previously approved as a special exception by this Board. � r ab RIDER TO APPLICATION This is an application for an interpretation of the Zoning Code or, in the alternative, for a variance to permit kitchens in the 68 unit resort motel, the special exception for which was previ- ously approved by this Board and the site plan for which was previously approved by the Planning Board. The Building Inspector has refused to permit the applicant to file amended building plans showing kitchenettes for each of the proposed resort motel units. There is no prohibition contained in the Zoning Code prohibiting kitchenettes in a resort motel. In the event that the interpretation is denied, then the applicant requests a variance to permit construction of kitchenettes in a resort motel previously approved as a special exception by this Board. r ♦.' � Ott _ k . ; 1 p t !ki 2 Ty y a Z FS•°„'Y " ��e! CLI •(�' JI �.F..w+""�Wry,t�` T\, A ��IV,V \YV � A tt ��. '•4 �.. Fa 's.. 3. ' 's' � ; u `' ur y 2 ik rIVIN �1C 267 I �IM $ 2rT' rf (� y W. IV 7 11� 'tNy'�11 f ��r 1 N • . 'IP , c ,.. I 11' :, ,�N 77 �r ,'.. �1•. 1� _ __.._ . �. . . pit w • .s s 1 1i r,� •1 � C�7 � „,�I i � ,_ iI r Sol s i � •� � ;��i�•�� r �F+�� a r�� 1 i� ��n�u ,. � �.� � I � � I' 11111ti111/1 11111111! gill — Inli, 11 uu seem am wr 11 _ Ipl�' 1111'/11/'slog 4111'1111 Ills Ilia Otis, !1111;IIII n IW�1 ftlt�l;I lov t 4 711/'111 f 11/ !!pill U i low i11/I IIIL"i1/11 i./11/ f111. fpt t!1/ IIII sell 1It1 f111" IINJI 11111 fill! $III ;'giltIltl. t , I h Ifti, �'1 h 7T51 �` ,�;�1 ♦t� �'r ��-_ � ii u a 1 r 'f/ti 'll/ IN Inc O■` ! 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BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE(516)765-1809 FAX No. (516)765-1823 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. JOSEPH H.SAWICKI JAMES DINIZIO,JR. ACTION OF THE BOARD OF APPEALS Appl. No. 3542 Matter of CLIFFSIDE (TIDE MARK) . Special Exception to the Zoning Ordinance, Article V, Section 100-50B (Article XIII) , for permission to construct 76 Motel Units in this Resort/ Residential (RR) Zone District. Property Location: 61475 County 48, Greenport, County Tax Map No. 1000, Section 045, Block 01, Lot 01. WHEREAS, a public hearing was held and concluded on September 21, 1989 in the matter of the Application of CLIFFSIDE (TIDE MARK) under Appeal No. 3542; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; 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. The premises in question is located along the north side of County Road 48, Town of Greenport, and is identified on the Suffolk County Tax Maps as District 1000, Section 045, Block 01, Lot 01. 2. This is an application for a Special Exception from the Zoning Code Article V, Section 100-50B, (Article XIII) , for permission to construct 76 Motel Units. Page 2 - Appl. No. 3542 Matter of CLIFFSIDE (TIDE MARK) Decision rendered on November 2, 1989 3. At the time of this hearing on 9/21/89, by letter to the attorney for applicant, the Code sections were changed to indicate updated Section of present Code, Article VI, Section 100-61B( 4) , as corrected. (1) Article VI, 100-61B (4) , the nature of this present application is for a special exception for 68 motel units and one manager's unit on this 7+- acres. As directed by Final Draft Environmental Statement on this project. (2) Hotel or motel uses as set forth in and regulated by 100-61B( 4) of the Resort Residential (RR) District. ( 3) Definition of a Motel: Buildings or Building providing overnight accommodations for motorists (p.764, Language of Zoning, taken from New York Zoning and Practice, Third Edition, By Robert M. Anderson) . 4. In considering this application, the Board finds and determines: (a) that the circumstances of this application are uniquely related to the premises and its established nonconformities; (b) that the area chosen for the Motel Units are not unreasonably located; (c) that the Special Exception will not in turn cause substantial effect on the safety, health welfare, comfort, convenience and/or order of the Town; (d) that in carefully considering the record and all the above factors, the interests of justice will be served by granting the Special Exception, as applied conditionally noted below. Accordingly, on motion by Mr. Dinizio, seconded by Mr. Grigonis, its was Page 3 - Appl. No. 3542 Matter of CLIFFSIDE (TIDE MARK) Decision rendered November 2, 1989 RESOLVED, to GRANT a Special Exception in the matter of the application of CLIFFSIDE (TIDE MARK) as applied under Appeal No. 3542 for the placement of 68 Motel Units and 1 Manager Unit, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the 68 Motel Units not excped 600 sq. ft. in size. [Article VI , Section 6I6 4( 2. That a sign be placed.-on west.-side of turning lane, to be added on the island, as shown on Site Plan of Henderson and Bodwell, Dated 11/6/89, indicating right turn only, the sign is to be approximately 2 sq. ft. in area and placed in full view of all vehicles exiting from complex. 3. That all construction be setback a mi4imum of 100 ft. from the bluff, with the exception of the ramp leading down to beach. 4. That together with erosion controlled plans, as indicated in DEIS, it is the suggestion of the Board for this Special Exception, that Hay/Straw bales be placed outside the 100 ft. mark ( landward) during construction. 5. That it is the understanding of this Board that only the Managers Unit will contain kitchen facilities. 6. That a contract with the Village of Greenport exists at the commencement of this construction project, for water and sanitary facilities. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, and Dinizio. This resolution was duly adopted. df Z-GERARD P. GOEHRINGER CHAIRMAN ~4 �► i Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 JUDITH T.TERRY TELEPHONE TOWN CLERK (516)765-1801 REGISTRAR OF VITAL S1 Al7STICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April '12, 1985 PLEASE TAKE NOTICE that the Town Board of the Town of Southold, at a Regular Meeting held on April 9, 1985, adopted Local Law No. 7 - .1985 entitled, "A Local Law to amend the Zoning Code in relation to dwelling unit density," a copy of which is attached hereto. Please sign the duplicate copy of this letter and return to me in the enclosed self-addressed, stamped envelope. Judith T. Terry Southold Town Clerk Enclosure cc: Suffolk County Department of Planning Long Island State Park Commission Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board / Southold Town Board of Appealsl/ Southold Town Building Department Signature a d Title Date LEGAL NOTICE NOTICE OF PUBLIC HEARING ON LOCAL LAW PUBLIC NOTICE is hereby given that there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the Sth day of February, 1985, a Local Law entitled, "A Local Law to amend the Zoning Code in relation to dwelling unit density," which reads as follows, to i; wit: I BE IT ENACTED by the Town. Board of the Town of Southold as follows• (additions indicated by underline; deletions by [brackets]) 1. Section 100-116 of the Zoning Code of the Town of Southold is hereby amended to read as follows: Section 100-116. Dwelling unit density. �I Notwithstanding any other provision of this chapter, each dwelling unit In a multiple dwelling shall have [nine] twenty thousand 19,000] 20, 000 I' square feet of land for each dwelling .unit in. the building where public water and public' sewer__are not provided, and shall have [six] ten thousand [five hundred (6,500) ] (10, 000) square feet of land for each dwelling unit in the building where public water and public sewer are provided. 11. This Local Law shall take effect upon its filing with the Secretary of State. Copies of said Local Law are available in the Office of the Town Clerk to any interested persons during business hours. NOTICE IS FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the j Southold Town Hall, Main Road, Southold, New York, on the 12th day of i March 1985, at 8:00 o'clock P.M., at which time all interested persons will j I be heard. FEBRUARY 26, 1985. I JUDITH T. TERRY i SOUTHOLD TOWN CLERK PLEASE PUBLISH ONCE,. MARCH 7, 1985, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO JUDITH T. TERRY, TOWN CLERK, TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971. Copies to the following: The Suffolk Times The Long Island Traveler-Watchman Town Board Members Town Clerk's Bulletin Board Planning Board Board of Appeals Building Department APPEALS BOARD MEMBERS SCOTT L.HARRIS 1- Supervisor Gerard P.Goehringer,Chairman Charles Grigonis,Jr. Town Hall,53095 Main Road Serge Doyen,Jr. =», P.O.Box 1179 James Dinizio, Jr. Southold,New York 11971 Robert A. villa BOARD OF APPEALS Fax(516)76,5-1823 Telephone(516)765-1809 TOWN OF SOUTHOLD Telephone(516)765-1800 May 29, 1991 Richard T. Haefeli, Esq. 184 Main Street Box 1112 Riverhead, NY 11901-1112 Re: Recent Appeal Request - Cli€fside Associates Prior ZBA Action Rendered November 2, 1989 (Appl. #2542SE) Dear Mr. Haefeli: In reviewing the documentation that has been submitted by you in the above project, it is noted that you have included a Notice of Disapproval dated April 25, 1991 from the Building Inspector, the grounds of which are: "Article III, Section 100-13 (Definitions) of the Zoning Code-Action required by the ZBA to permit kitchenettes (cooking facilities) in individual motel units." Also noted in reviewing the documentation is the property owner's two-fold request: (1) for an interpretation "of the Zoning Code"; (2) for alternative relief for a variance if "the interpretation is denied." Since a building permit has been issued and construction activities commenced based upon the November 2, 1989 Board of Appeals action under Special Exception #3542 for motel units without kitchenettes, it is unclear as to the purpose of this "appeal for interpretation." In addition, the reverse side of the appeal application, questions #1, #2 and #3, should be completed in detail. In the second part of the documentation submitted, a variance is being requested "for alternative relief" "if the interpretation is denied." It is the position of the Board of Appeals that it is without authority at this time to consider a variance for relief that is prematurely made and filed without a basis upon which to appeal. At this time, there is no basis to appeal for a variance for alternative relief since the requested interpretation decision has not been rendered. In the future, Page 2 - Appl . for Interpretation To : Richard T. Haefeli , Esq . Re : Cliffside Associates you may file a variance for specific relief, by separate application and through the usual appeal procedures, where there are practical difficulties or unnecessary hardships in the way of carrying out the strict regulations of the zoning code. In light of the above, before proceeding with the request for an interpretation appealing the Notice of Disapproval dated April 25, 1991, the following must be furnished: 1. Mailing of neighbor notices must be re-sent by certified mail for the following reasons: a. Line #2 incorrectly described property location. b. Affidavit of Mailing for corrected neighbor notices must be furnished, with original signatures from deponent and from notary, filed with our office together with the original postmarked certified mail receipts. 2. Corrected appeal application for interpretation confirming the property location and appropriate County Tax Map Number at Paragraph #1. Please furnish the above items, together with a description of the basis, purpose and intent of the request for an "Interpretation appealing the April 25, 1991 Notice of Disapproval from the Building Inspector. " Enclosed is an extra neighbor notification form for your convenience. You�ry tr , GERARD P. GOEH INGER / CHAIRMAN lk Enclosure cc: Town Attorney' s Office TOWN CLERK TOWN OF SOUTHOLD Suffolk County, New York 516 - 765d801 N4 40312 uthold N. Y. 11971 RE tl udith T. Terry,,Town Clerk Cask Check 41 I. 1 BOARD OF APPEALS TOWN OF SOUTHOLD 1 . In the Matter or the Petition of CLIFFSIDE ASSOCIATES NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: Mr. Patrick Stewart PROPERTY OWNER Bang Estate Jerad Motel Corp. YOU ARE HEREBY GIVEN NOTICE: 1.That it is the intention of the undersigned to petition the Board of Appeals of tfie Town of Southold to request a (Variance) (Special Exception) (Special Permit) (Other) [circle choice] =I _ Tntprnprtation of Zoning Cod-and/or Variance , 1 ' 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 3. That the property which is the subject of such Petition is located in the following zoning district: RR Zoning District 4 That hl such Petition, the undersigned will request the following relief: fnteraertation and or variance of Zoning Code to permit construction of Kitchenettes I 5. That the provisions of the Southold Town Zoning Code applicable to the relief so ht by the under. signed are Article 1 Section 100-13 and Article VI , Sec. 100-�� j ] Section 280-A, New York Town Law for approval of access over rights)-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) 7l 5-1809. 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:' ated May 14. 1 1 Cliffside Associates Petitioner Owners ' Names :_ Cliffside Associates 'I Post Office Address -' 14n 1pccnn Avenue 1 _ nuoa e. New York' 11959 Tel . No. (516 ) 653-5588 t a f [Copy of sketch or plan showing proposal to be attached for convenience ' purposes . ] PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAM ADDRESS Mr. Patrick Stewart 18 Wilson Street, Hartsdale, New York 10530 Bang Estate P.O. Box 445, Greenport, new York 11944 Jerad MotelCorp. North Road, Greenport, New York 11944 p . 971. ap7 P 976 707 E33 707 531 •S32 p 97 6 MAIL RECEIPT FOR CERTIFIED RECEIPT FOR CERTIFIED MAIL T FOR CERTIFIEDED NO NOT FRANCECOV MAIL NO INSURANCE COVERAGE PROVIDED OR IN7 COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL RECENo INSURANCE COVERAGE PRO ERNA➢ONAL MAIL (See Reverse) NOT FOR INTERN Ve 5�)MAII Sent to (See Reverse) (See Re _ Sent to - r0 S" to fs. Sheet and No. � � Sir t and No. Cf-r P ! f SR t and !,! .. S are and Zip C P O..State and ZIP Code otle If L � P O..Stake and ZIP Code \ �,y Postage ' Pos age S S _ , Certl/ietl Fee 5 d2'_ '1 Postage U / Ce lied Fee C"hiled Fee SPec,al Delivery Fee /• V Special Delivery Fee estricfetl Il special Delivery pee Delivery Fee Restricted Delivery Fee Fee Return -� Delivery ,rt to whom and f showing Resincted Return Receipt showing i Return Rec are rp liver to whom and Dale Delivered '" Receipt showing etl , N, and Date Debvered (J Return N Dale,antl e,pt sho J m Return Receipt showing to whom. to whom t showing l0 whom Atldress of De,,v hom, Date.and Address otDefiveq N ReceI N g m letumand Address of DehverY S ; TOTAL Postage and Fees ry p TOTAL Posta a wdF"e - • F�d�` "v\ g P 5 _ c TOTAL Posta9�, j .� ostmarkdr4e l'9 8 Postmark or bile—+ _..7 ,+ G Cf -� n t $ Postmark ort Pl•I.4j fp ��r �/,` 'tl rV. t N �•e:. G ` lam. T� C•P n LL in a STATE OF NEW YORK ) ss.• COUNTY OFSUFFOLK) w- T, u ,residing at .,��f e i i ,..,:ep��r•�"Pie. YerIE .being duly savor ses epo an says h t on the —�--day of 19 LJ4_, deponent mailed a true copy of the Notice set forth orl re- verse si a 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- fice at Westhampton Beach, New York ;that said Notices were mailed to each of said persons by (certified) (registered) mail. I _ Richard T. Haefeli Sworn to before me tbisr a day of 19 QJ Notary Public GpPY WE of IAQW k N�'y 62A,,7902�ountV ZVISi hap,t9� OW7 a 1n h (This side does not have to be completuu on form transmitted to adjoining `I property owners . ) I BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of Cliffside Associates NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: PROPERTY OWNER Gerald P. Goehringer, Chairman Southold Town Board of Zoning Appeals ,,14rijn, Road P.O. Box 1179 '- Southold, New York 11971 YOU ARE HEREBY GIVEN NOTICE: _t 1.That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (Special Exception) (Special Permit) (Other) (circle choice) Interpretation of ZOnino Code or variance 1. 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 61475 Country Road #48• Greenport, New York Suffolk County Tax Map District1000, Section 045, Block 01 , Lot 02 3. That the rope ty which is the subject of such Petition is located in the following zoning district: RR - Resort residential 4 That by such Petition, the undersigned will request the following relief: Inter retation and/or variance of the zoning code to permit the construction of kitchene tes. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article T Sectio;t Inn_14 f ] 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) 7t 5-1809. 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 =i right to appear and be heard at such hearing. Dated: JulAV 1991 �a 7 P till er Ow Cliffside Associates Post Office AdAress 130 Jessup Avenue Quogue, New York Tel . No. ( 516 ) 653-5588 [Copy of sketch or plan showing proposal to be attached for convenience purposes . ] Is u '•ya j AIL ; 151991 1, PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS IMR. PATRICK STEWART 18 WILSON STREET, HARTSDALE, NEW YORK 10530 BANG ESTATE P.O. BOX 445, GREENPORT, NEW YORK 11944 JERALD MOTOR CORP. NORTH ROAD, GREENPORT, NEW YORK 11944 P 976 707 566 P 9;'6 7 P 976 707 564 RECEIPT FOR CERTIFIED MAIL CEIPT 7 5[z 5 RECEIPT FOR MAIL NO INSURANCE COVERAGE PROVIDED RO INSU SRTIF NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL Nor FOR RCE COVFRA6E /Ep M R'ATERNArlo PROVIDED AIL XOT FOR INTERNATIONAL MAIL (see Reverse) ('See Aev NAE MAZE e se/ (See Reverse) Sent to Jerald Motor Cor Bang fs �, sort,to N° `ate Mr. Patrick Stewart street and No North Road o X 445 Street and No. P.O..State and ZIP Code an Z/P 1+ P O..State an �ZIP Crpe 10530 s c�� 119 Hartsda e, l =i Postage 44 Postage S Caddied Fee Certified Fee Specmt Delivery Fee Fee Speual Delivery Fee -7 Restricted Delivery Fee 'Fee Restricted Delivery Fee 1 Return Receipt showing V1119 to whom and Date Delivered is/, eo Return Receipt showing to whom and Date Delivered N N °D Return Receipt showing to whom, g � m Date.and Add, ivory p '" 7r o, Date. Receipt showing to whom, i Da and Address of Oe`very S u TOTAL P j TOTAL Postagelays�.';\ 5 � r - m Poslma aro Date 1 + � =� $ Postmark o(.60te 'Q r „yo 01 N N STATE OF NEW YORK ) ss.• COUNTY OFSUFFOLK) Evan P. Haefeli residing at No# Matthews Drive, Remsenburg, New York being duly sworn, deposes and says that on the 9tn day of July , 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- ficeat Westhampton Beach. New York ;that said Notices were mailed to each of said persons by (certified) (registered) mail. a Evan P. Haefeli Sworn to before me this /Pth day of , 19 91 RICHARD T. HAEFELI Ile NSW Public,State of Now York a - No,52-1610207 Suffolk Cc No[ary Public Term Expires MZ 30. 1 j ( This side does not have to be completed on form transmitted to adjoining property owners . ) I - e 0 r X .10 f Ilea / a v Ot UV. 1 �,. � • •4 ! dr KEY MAP ✓ '' e—�� NTS TAX MAP DESIGNATION OWNER 1 1000-54-4-36 Varvitsiotes,Orestes G.&Wife I \ ^ yI l �' ,�j ff •1 25 Irvington Place Brooklyn,NY 11230 1000-54 4-37 Katramados,John&Katherine 46-34 his Lane Great Neck,NY 11020 X, Pp' V \ G L3 1 �� 1000-54-0-4 Paskoff,Elliot&Wife °pJ 21 West Street Apt, 15-A SV 1{�1 New York,New York 10006 o go�rPf .I 1000-54.4-5 01 j E� J b e a Monroe R &Beverly 1000-54-4-21 79 at C A° 79 Westst 12 Street Apt 14F I \,, 0e5 ;/ NY,NY 10U11 1000-54.-5-50 Stetz,Paul&Mary ! 21 Magnolia Avenue Larchmont,NY 10538 II Y A 111 I O w �01A6M ' 1000-54.-5-51 P p Christopher Poppe I 36 Fenimore Street .� Lynbrook,New York 11563 lxl�c�— G Q� 1000-54:5-53 Stylianou,Louis&Androula& y/ 1000-54.-5-54 Athanasindes Des ina TT0 59 Omaha Street R a 10 \ i 11 Dumont,NJ 07628 1000-59-1-23.1 Kassimatis,John V ist - ) I 46 Mulberry Avenue Qr-. ^�, e .\ r„✓// s \ / �� 1 I Garden City,NY 11530 TAX MAP M 1000.54-5-22 c� } / 1000-59.4-23 2 Spinelli,Carol "p��jl q '� 103 Parkway Drive ZONING Z`r-\ i /, W Roslyn Heights,NY 11530 V J LOW DENSITY RESIDENTIAL _ `� 1000-54-0-2 �,\\ � / � � � I Town of Southold NON-CONFORMING USE BOARD OF HEALTH •�^ " . I TYPE B ACTION<4,000 SF �• \ � � _ t ° AREAS =3 h 3 fit]/. Z/ate/OZ i PLOT AREA 21,932 SF EXISTING BUILDING AREA 2,860 SF 41� PROPOSED EXTENSION AREA 1 8 8F •\ rXoraaaD,raraXanon%GROSS BUILDING AREA 4,278 6F CL/FF R PHIL'S LOBSTER HOUSE TOTAL LOT COVERAGE 4,278 SF(19.51°/.) \, !� L SOUTNOLB,NEWD YORK LANDSCAPE AREA 482 SF(2.20%) ME PLAN PARKING REOUIREMENTs SPACES REQUIRED=4,278 SF+100 SF/SPACE=42.78 ROBERT H. WHELAN, P.E.I � 4 SPACES PROVIDED=43 P.0.DOX 590 MATTfTvcx,,NEW FORX 11952 9'-0"X 19'0" - \ TEL:631-722-5875 FAX:631-722-7r35 I " SGLS:AS NOTED DRAW By... RBW DATE:2/1"1 �_� JOBNO: 21012 DA"07NGNO. S-1 I SBESTNO. fOF1 ® 2 12 0 0 12 L) iG1 AND. DIA3030 12IE 10 I AND. CIR30 AND. CN125 AND. CN125 0 I I r !10 u AND. AW231 AND, AW251 o d d o Li Li I III 1 HERMA-RU CC-70-LE-2 EAST ELEVATION r UO2 LL mWz oom N0a. tZ =Ur I m ow O y � r 0 M a i a mw, r ¢ O y K i toga °o wpm " aE ° r 111111114� O O p rN = t O y0N O O N m p Lu O 12 AND. CIR30 - SOLAR TUBES - 50LAR TUBES 12 o 0 0 a d 10 10) N N N N N N cr� O N _ - - z tz U K HK ¢ _ [n n7 N z t n 2 b N I I I�� AND. AW291 'AND. AW251AND. AW2O1 iu LAND. AW251 Z,6 - F- c Z Z < < F � M � N WW K ` O m NORTH ELEVATION94 d i \N 2 10 D 1 _ Lu LE I I I U V U U U U Q G O I I LL N N OL F- WEST ELEVATION L) 0 owzm cOs U Z Z 2 W0m N � Q m7 x N ow � 0 '- 3m o } y � � = a 8 ow cot m ILI F Z - IIII O .Z p O Z m o E ° o 0 0 � yzw a "a zoo . w w w no 6 N N ma ¢ z OWC K � b p � N � AND. CWiS T f AN1). CW1'� 13 yyM 1 pN r K Llj o W � 3 CID5OUTH ELEVATIONuj m H D\6 �. 1'-01, 18' 6° T 0" 46-0" THERMA-TRU 5-210 C24 C24 C24, C24 - C241 C24 - 7 -1 Imo, I II ' n' _ u I — O a w U w og HANDICAP p) O � o o ELEVATOR. 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' -� -\,.'��. t!�r`>JI_ yj� 3-25L G _ - - -- - r 3 I N + 3 2X1 � d �� - - IG . [ J -?j(10 5Es k3C fi l }Lai$ I«� �l w TN Mul if i y � o NFUJI � 1 An e ut --_..._. I L �{✓4..r � � '� /3� 1-' -`-�Y A � Ir — ,. �� -- - �. 21 lCL T2L _ N 6, ¢ b' o-o 6°, to-o & to-o ' � la-a — �' � — - DN s0 I o! �. UP 2X 0:xz II lip X��6 —" I ql �i l 121'IOCYJ` %hL - - - — 5C E4EO .5L 4 �f'oC7rOX,� Gj � 21 . 5 �71 t� �-^� rJ 1. - fL , UC) f ChC1 IpL�I�INCa� 1�.Ln �il✓� fed / @ VQ,A r F � i � Anr��r� t�rrc��errFs -ro uurfs No fE Z . M /-s. . rz Imo. 5 ". C [ a f— f � t r� " Mf�syl i I�,, f�OU [--X�f -c l ; i E T fcix'4 {' %EW Ti l- ,t')'I9 ,�, " ttr^. q�.:' ..�'1 o h fir.} l May 8, 2001 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Request for Copies Dear Mrs. Moore: This will confirm that Special Exception Application No. 3542 (formerly Cliffside/Tidemark) is available your review again. Please call to confirm when you will be stopping by in order that the file is nearby. Copies have also been made as requested of other files pertaining to this property and $10.25 is due. Thank you. Very truly yours, Linda Kowalski TOWN OF SOUTHOLD. PROPERTY RECORD CARD OWNER, ` STREET VILLAGE DIST. SUB. LOT FORMER,OWNE N , �',1r.r+ •�y E ACR. S W TYPE OF BUILDING RES. /Y SEAS. VL_, §> FARM COMM.0 CB. MISC. Mkt. Value LAND C— IMP. TOTAL DATE REMARKS S 6 -Zf-dOD� L-` 7Z d a $ D Jot C/fJ'i 3 U �rgl% V b-- Cop. ra Y nn �/ a a� M C G s' �t l 7 3 /Q7 d3Uo 8Do D c e o 0 G >-P Z �'ellnk TdlamDne. 1 $ 'a00 °yboo "09 q1 I - „ eascraaarrla� V�l� = NEW NORMAL BELOW ABOVE B - G S (od' �hf1f5 1 FARM Acre Value Per Value Marrs ol`Fice $WirewirnG �ooL + Der.1C 'r�nvt' S �.�5 ' 3i 1 OQ OQa Acre 1 LTillable 1 Tillable 2 Tillable 3 r zo �S° 33o s 4L Woodland Swampland FRONTAGE ON WATER Brushland FRONTAGE ON ROAD 6L)1, bC9 House Plot DEPTH BULKHEAD i Total DOCK L,Nrt M, Bldg. ensio ��_ 2 � p Extension Extension Breezeway 0 0. B. 1 I l Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516)763-1938 PLANNING BOARD OFFICE d TOWN OF SOUTHOLD �3 . TO: Southold Town Board of Appeals C 4.1( ? FROM: Southold Town Planning Board AK DATE: June 23 , 1989 RE: Proposed Site Plan Cliffside/Tidemark SCTM# 1000-45-1-1 The enclosed revised site plan concept is in accordance with the Planning Board requirements. The data received however is incomplete ( see attached letter dated June 23, 1989 to Henry Raynor requesting complete plans) . See also, the letter to the State Department of Transportation requesting review of the proposed right turn only lane. enc. � • �og�FFO(I��G Town Hall. 53095 Main Road O P.O. Box 1179 zst yi�0`r Southold. New York 11971 TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 23, 1989 Henry Raynor 320 Love Lane Mattituck, New York 11952 RE: Proposed Site Plan for Cliffside/Tidemark Greenport, New York 11944 SCTM#1000-45-1-1 Dear Henry: ._ This is to confirm that the following information is still forthcoming: 1. Details of sign and a lighting plan for the entire site. 2. Topographical and other information as required by the Zoning Code; grading and drainage plans, and site elevations. 3. Detailed landscape plans, including buffer areas, building sites, and walkway to beach. 4. Elevation drawings and floor plans. A complete copy of the revised site plan should be submitted to the Planning Board office prior to the date of the hearing at the Zoning Board of Appeals. Upon submission of twelve (12) complete copies of a revised plan that includes the above noted information, referrals will be made to the Building Department, the Suffolk County Planning Commission, the Fire District, the Trustees, the Highway Superintendent, the Suffolk County Department of Public Works, the New York State Department of Transportation, the Town Engineer and the Conservation Advisory Council as per Section 100-254D of the Zoning Code. eryWtrury • BENNETT ORLOWSKI, JR. CHAIRMAN cc: Zoning Board of Appeals Building Department ms Town Hall. 53095 Main Road O$ P.O. Box 1179 Southold. New York 11971 20 TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD .Tune 23, 1989 Vito F. Lena N.Y.S. Office Building Veterans Memorial Highway Hauppauge, N.Y. 11788 RE: Proposed Site Plan for Cliffside/Tidemark SCTM# 1000-45-1-1 Dear Mr. Lena: The enclosed site plan is under review for final approval. The Planning Board requests a review of the need for a traffic acceleration lane for traffic exiting from the property and turning west. The area has been circled on the enclosed map. Your comments on the location of this proposed curb cut would also be appreciated. j- e ry truly u s, BENNETT ORLOWSKI, JR. CHAIRMAN cc: Zoning Board of Appeals Victor Lessard, Building Department enc. 1 75 2 (None) . 3 MR. GOEHRINGER: Seeing no hands , 4 questions from Board members? 5 MR. DINIZIO: None. 3 6 MR. GOEHRINGER: Motion to close hearing 7 saving decsion until later . 8 MR. DINIZIO: Second. 9 MR. GOEHRINGER: All in favor? 10 (Ayes) . 11 MR. GOEHRINGER: The next appeal is on 12 behalf of Cliffside (Tide Mark) , 3542 . 13 (Reading) . 14 MR. GOEHRINGER: Copy of several site 15 plans, the most recent one that I have received 16 or we have received in our office is one from 17 Douglas P. Berlin. It is dated receipted our 18 office 6/27/89 . I have a copy of Suffolk County 19 tax map indicating this and surrounding 20 properties . 21 I will mention to the attorney i see 22 moving around we will be closing this hearing on 23 the 4th of October pending discussion with Town -� 24 attorney concerning acceptances of Planning j 25 Board and final determination of impact RAM COURT REPORTING SERVICE (516) 727-3168 1 76 - 2 statement. 3 I ' ll refer to that at the end. So don' t 4 worry about that. 5 MR. HAEFELI : This I just is received this 6 evening. This is a copy of the improvement plan 7 which contains drain annual, . et cetera, and 8 everything else. This is to be filed tomorrow 9 with the Planning Board. 10 Here is , for purposes of to night, here is the 11 schematic which follows that. 12 MR. GOEHRINGER: Could you state your 13 name , please? 14 MR. HAEFELI : Richard Haefeli , 184 Main 15 Street, West Hampton Beach, on behalf of the 16 applicant. 17 First thing I would like .to point out, 18 there is a modification to the application. It 19 is not for 76 units it ' s for a total of 68 units 20 plus a manager ' s unit or total of 69 units . 21 Number of units reduced downwards. Locate in 22 R. R. district which permits a resort motel by 23 way of special exception and with approval of 24 the Planning Board. 25 In order for it to be permitted in that j RAM COURT REPORTING SERVICE (516) 727-3168 1 77 1 2 district you need a minimum area of five acres, 3 maximum number of units with water and sewer and 4 for the Board' s purposes , we have signed paid 5 contracts for both public water and public sewer 6 with Greenport Water District and Greenport 7 Sewer District. One per every four thousand 8 square feet, that would work out to 78 units. 9 As I said this particular application reduced 10 downwards to six units . 11 The other two things you have to have in 12 the use , no music or loud speakers audible �1 13 beyond the property and no lighting beyond the )_ 14 property. This plan does not provide for either 15 of those. 16 As far as special exceptions provisions 17 are concerned, even general standards and 18 specific standards. As far as this particular 19 application is concerned , the property and the 20 adjacent properties are used for motel on the 21 east. The properties to the west are used 22 either for the vacant property, condominiums and 23 motel on the west. A and B would be complied r , 24 with since this use is compatible with and same 25 as other current properties in the area. RAM COURT REPORTING SERVICE (516) 727-3168 1 78 2 The safety and welfare and health would 3 not be adversely affectd. As this Board knows , 4 there was an extensive environmental review of 5 this particular application that took two and a 6 half years. There was a final environmental 7 impact statement adopted by. the Planning Board 8 in March of this year . 9 Among the recommendations by the Planning 10 Board was a reduction in the number of units , 11 reduction in the sizes of the buildings and a 12 reduction in the square footage of the units , 13 and a requirement for a 30-foot buffer on all _ 14 sides. 15 There is no provision in the code as to 16 the sizes of the units, but the applicant has 17 agreed that the units will be 600 square feet in 18 size. 19 As far as the buffer, I think the maximum 20 is 25 feet? We ' ve also agreed to 30 feet that 21 the Planning Board has set forth in FEIS? 22 As a result of the reduction of the number 23 of units are also reduced footprint and the size 24 of the buildings . 25 As far as adverse effect upon the traffic , 1 RAM COURT REPORTING SERVICE (516) 727-3168 1 79 2 this is a proposal no left turn coming out of 3 the project onto County Road 48. It has to be a 4 left turn only. Part of the concern in the 5 environmental process was the number of units 6 and the reduction down and the number of units I 7 think accomplishes the concern as far as 8 traffic . 9 As prior to the recent changes in the 10 zoning code this property was zoned for resort 11 motel uses. There was an extensive review by 12 the Town with respect to what uses should be 13 permitted what zoning districts. This C ) 14 particular property was rezoned and the same use 15 was permitted. Therefore I think it' s 16 compatible with the area. 19 17 All of the other provisions that are set 18 forth in both 1263274 I believe have been met by 19 the applicant and are being met by the applicant 20 as far as this application is concerned. Almost 21 all of those were considered and taken into 22 consideration in the environmental review 23 process: I 'm open to any questions which any r 24 members of the Board may have. I have Mr . Samet 1 25 hear from the engineering firm . He can answer RAM COURT REPORTING SERVICE (516) 727-3168 1 80 -( 2 any of the technical questions you may have. 3 The architect is also present. 4 MR. GOEHRINGER: When we originally came 5 before the Planning Board concerning the 6 objections of the traffic plan which now are 7 somewhat minimized by your discussion concerning 8 the left-hand turning lane, there was some 9 discussion about the actual widening of County 10 Road 48 at that particular point. To my 11 knowledge County Road 48 is going to remain in 12 the present state. No center lanes turning into F7 13 the project at all, from westbound to eastbound \ 14 direction. ) 15 MR. HAEFELI : I think that' s correct . I 16 don ' t know of any, let ' s put it that way. 17 MR. GOEHRINGER: During the period of the 18 correspondence between our office and your 19 office, basically, the contracts that you had 20 just mentioned with the Village of Greenport 21 concerning water and sewer , it ' s been my 22 understanding that they have been taken care of 23 as you just mentioned. If this particular 24 project was to be started tomorrow and so as 25 completed in five or six months , you would have RAM COURT REPORTING SERVICE (516) 727-3168 1 81 2 the use of those two facilities; is that 3 correct? 4 MR. HAEFELI : That was considered in the 5 environmental impact. They found the same 6 thing . 7 MR. GOEHRINGER: Under the present 8 mandates of Greenport Water has -- whatever 9 problems they have based on their requirements 10 from Suffolk County. 11 MR. HAEFELI : This project is in their 12 calculations. That ' s what I have been told . 13 MR. GOEHRINGER: - On the top of the list. 14 MR. HAEFELI : The contracts have been 15 signed. All of the money for them have been 16 paid to Greenport. We also have Health 17 Department approval . 18 Just on the traffic question, I think the 19 major concern were cars coming from the east to 20 the west and the sight distances were somewhat 21 less coming from the east to the west . Steve, 22 you can correct me on this . 23 Whereas coming from the west and going to 24 the east , which would be a turn in, I think it 25 was determined that there was adequate sight RAM COURT REPORTING SERVICE (516) 727-3168 ! i 1 82 2 distances. 3 MR. SAMET: You have good sight distance . 4 If you stay in the site and look east, you have 5 adequate sight distance, about 500 feet. As you 6 look from the site towards the west , it ' s 7 slightly less. From an engineering standpoint , 8 that having a left turn into the site and/or out 9 of the site would be acceptable. 10 The claimant is willing to limit the site 11 to only a right turn out if the Board so choses. 12 MR. GOEHRINGER: Thank you. r 13 MR. HAEFELI : That was considered in the 14 environmental impact statement. 15 MR. GOEHRINGER: The other concern 16 basically was , did he follow the bank or 17 encounter any particular problems during the 18 type of construction that may affect the lip of 19 the bluff, which is not really a bluff, it' s a 20 bank , so to speak , okay? 21 I don' t think this was properly addressed 22 when it was a concern of ours , but it may have 23 been a concern during the period of time that r -� 24 the other Boards have looked at it. 25 MR. SAMET: That was addressed in the RAM COURT REPORTING SERVICE (516) 727-3168 1 83 2 environmental impact statement. It was 3 requested they would keep back a hundred feet 4 from the bluff , which is this line over here , as 5 you can see the it . All development with the 6 exception of the ramp coming down to the beach 7 would be kept within outside on the hundred foot 8 setback . We have erosion control plans within 9 the plans to show protection of vegetation 10 within that area. 11 MR. GOEHRINGER: Anything else you want to 12 mention, Mr . Haefeli , concerning this? 13 MR. HAEFELI : Absent recitation of each of L ; 14 the provisions in the general and special 15 provisions, as I say the impact statement which 16 is part of this entire process has covered all 17 of that. 18 MR. GOEHRINGER: Our concern with the 19 impact is something we want to discuss with the 20 Town attorney. So we will recess this hearing 21 again only to discuss it with him and close the 22 hearing with no other oral testimony on October 23 4th at our next meeting. It only concerns the r� 24 remaining findings of that final impact L 25 statement. It shouldn ' t affect anything at this RAM COURT REPORTING SERVICE (516) 727-3168 1 84 r—! i� 2 point but we want to make sure we are correct on 3 that. 4 If you have any questions I ' ll do the best 5 I can to answer them at this particular point. 6 MR. HAEFELI : I ' m not sure of -- 7 MR. GOEHRINGER: Planning Board voted in 8 March of 1989 to accept the final impact 9 statement? 10 MR. HAEFELI : That is correct. 11 MR. GOEHRINGER: We are not sure if there 20 12 had to be a reduction of findings at that r 7 L( 13 particular point. In other words , culled from 1 14 that particular impact statement the actual ) 15 findings themselves , rather than having them 16 imbedded in that particular statement. 17 MR. HAEFELI : They adopted the D. E. I. S. 18 and all other things as the final environmental 19 impact statement. 20 MR. GOEHRINGER: We were unable to contact 21 the Town attorney today, we want to make sure 22 that that' s fine with him. 23 MR. HAEFELI : Okay. Very good. 24 MR. GOEHRINGER: It' s nothing of great 25 significance. We noted this project was RAM COURT REPORTING SERVICE (516) 727-3168 1 85 { 2 earnestly on the fire for a few years. We want 3 to make sure we are correct . 4 MR. HAEFELI : If I could get the schematic 5 back , when the Board is finished with it. 6 MR. GOEHRINGER: Anybody else like to 7 speak in favor of the application? 8 (None) . 9 MR. GOEHRINGER: Anybody in the audience 10 who has not had time to review these documents, 11 would like to sit down with them, place them on 12 the table, here, place them on the side , welcome 113 in the audience to take a look at them, and get i 14 back to the after the next hearing if you have 15 any comments that you would like to review. 16 (None) . 17 MR. GOEHRINGR: Anybody would like to 18 speak against this application? 19 (None) . 20 MR. GOEHRINGER: Hearing no further 21 comments , I will make a motion recessing this 22 hearing. No more oral testimony simply just 23 from the legal standpoint of reviewing the final r/— 24 D. E. I -S. with the Town attorney. We will close '\ 25 it on October 4th at our special meeting. I ' ll RAM COURT REPORTING SERVICE (516) 727-3168 • 1 86 -C 2 offer that as a resolution, gentlemen. 3 MR. GRIGONIS : Seconded. 4 MR. GOEHRINGER: All in favor? 5 (Ayes) . 6 MR. GOEHRINGER: Thank you very much, 7 gentlemen, for coming in. The next appeal is 8 appeal number 3770 . EGylo7 9 (Reading) . 10 MR. GOEHRINGER: We ' ve had several site 11 plans. I ' ve had at least one informal 12 discussion with members of the planning staff, 13 not necessarily the Planning Board. One 14 discussion with the member of the Planning 15 Board. Before me I have a site plan that has 16 just been received. It is received on August 17 18th, 1988? 18 It says it ' s checked by Roderick Van Tuyl , 19 P.C. , and probably printed by him, but it was 20 probably prepared by consultant. I have a copy 21 of the Suffolk County tax map indicating this 22 and surroundinging properties in the area. 23 The issue at hand is a proposed boat r( 24 storage building of approximately 125 feet in 25 width and rather extensive enough in size placed RAM COURT REPORTING SERVICE (516) 727-3168 Southold Town Board of A PPeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE(516)765-1809 FAX No. (516)765-1823 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. ACTION OF THE BOARD OF APPEALS Appl. No. 3542 Matter of CLIFFSIDE (TIDE MARK) . Special Exception to the Zoning Ordinance, Article V, Section 100-50B (Article XIII) , for permission to construct 76 Motel Units in this Resort/ Residential (RR) Zone District. Property Location: 61475 County 48, Greenport, County Tax Map No. 1000, Section 045, Block 01, Lot 01. WHEREAS, a public hearing was held and concluded on September 21, 1989 in the matter of the Application of CLIFFSIDE (TIDE MARK) under Appeal No. 3542; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; 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 . The premises in question is located along the north side of County Road 48, Town of Greenport, and is identified on the Suffolk County Tax Maps as District 1000, Section 045, Block 01, Lot 01. 2. This is an application for a Special Exception from the Zoning Code Article V, Section 100-50B, (Article XIII) , for permission to construct 76 Motel Units. i i Page 2 - Appl. No. 3542 Matter of CLIFFSIDE (TIDE MARK) Decision rendered on November 2, 1989 3 . At the time of this hearing on 9/21/89, by letter to the attorney for applicant, the Code sections were changed to indicate updated Section of present Code, Article VI, Section 100-61B(4) , as corrected. (1) Article VI, 100-61B ( 4) , the nature of this present application is for a special exception for 68 motel units and one manager's unit on this 7+- acres. As directed by Final Draft Environmental Statement on this project. (2) Hotel or motel uses as set forth in and regulated by 100-61B( 4) of the Resort Residential (RR) District. ( 3) Definition of a Motel: Buildings or Building providing overnight accommodations for motorists (p.764, Language of Zoning, taken from New York Zoning and Practice, Third Edition, By Robert M. Anderson) . 4. In considering this application, the Board finds and determines: (a) that the circumstances of this application are uniquely related to the premises and its established nonconformities; (b) that the area chosen for the Motel Units are not unreasonably located; (c) that the Special Exception will not in turn cause substantial effect on the safety, health welfare, comfort, convenience and/or order of the Town; (d) that in carefully considering the record and all the above factors, the interests of justice will be served by granting the Special Exception, as applied conditionally noted below. Accordingly, on motion by Mr. Dinizio, seconded by Mr. Grigonis, its was Page 3 - Appl. No. 3542 Matter of CLIFFSIDE (TIDE MARK) Decision rendered November 2, 1989 RESOLVED, to GRANT a Special Exception in the matter of the application of CLIFFSIDE (TIDE MARK) as applied under Appeal No. 3542 for the placement of 68 Motel Units and 1 Manager Unit, SUBJECT TO THE FOLLOWING CONDITIONS: 1 . That the 68 Motel Units not peed 600 sq. ft. in size. [Article VI , Section 61B, 4 (e 2. That a sign be placed .on west sideof turning lane, to be added on the island, as shown on Site Plan of Henderson and Bodwell, Dated 11/6/89, indicating right turn only, the sign is to be approximately 2 sq. ft. in area and placed in full view of all vehicles exiting from complex. 3. That all construction be setback a minimum of 100 ft. from the bluff, with the exception of the ramp leading down to beach. 4. That together with erosion controlled plans, as indicated in DEIS, it is the suggestion of the Board for this Special Exception, that Hay/Straw bales be placed outside the 100 ft. mark ( landward) during construction. 5. That it is the understanding of this Board that only the Managers Unit will contain kitchen facilities. 6 . That a contract with the Village of Greenport exists at the commencement of this construction project, for water and sanitary facilities. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, and Dinizio. This resolution was duly adopted. * * x df GERARD P. GOE INGER CHAIRMAN RECEIVED AND FILED BY THE SOUTHOLD TO VI17 CLf'.PS{ DATE I ; i"� I HOUR I h '. Gto Town Clerk, Town of Southo d RICHARD T. HAEFELI ATTORNEY S COUNSELOR AT LAW 184 MAIN STREET P.O. BOX 1112 WESTHAMPTON BEACH, NEW YORK 1197E 516 -288-5455 PC December 15, 1988 Southold Town Board of Zoning Appeals Town Hall Main Road Southold, New York 11971 Attention: Linda Re: Application of Cliffside Associates (Tide Mark) Dear Linda: Enclosed please find the enclosures which were omitted from my December 12, 1988 letter to the Zoning Board. Very truly yours, Richard T. Haefeli RTH:jl Enclosures RICHARD T. HAEFELI ATTORNEY a COUNSELOR AT LAW 154 MAIN STREET P.O. sox Ilia WESTHAMPTON REACH,NEW YORK 1107E 515•286.5455 December 12, 1988 Mr. Bennett Orlowski, Jr. Chairman Southold Town Planning Board 53095 Main Road P.O. Box 1179 Southold, New York 11971 Re: Application of Cliffside Associates (Tide Mark) Dear Mr. Orlowski: I am in receipt of a copy of your resolution dated December 5, 1988, wherein you requested Mr. Emilita to prepare the Final Environmental Impact Statement. To insure that this is completed within the times provided in the rules, I would like to point out to you that pursuant to Rule 617 . 8 (e) , the Final Environmental Impact Statement is to be filed within 45 days after the close of the hearing . The hearing took place on November 14, 1988, therefore the Final Environmental Impact Statement is to be filed by December 29, 1988. Pursuant to Rule 617 . 9 (a) , prior to you rendering a decision on the site plan, you must give the public at least 10 days notice to review the Final Environmental Impact Statement from the date it was filed and pursuant to subdivision (b) thereof, you must render your decision on the site plan within 30 days after the filing of the Final Environmental Impact Statement, or by January 29, 1989 . The requirement of rendering a decision by January 29, 1989 also applies to the Board of Appeals, and I would ask that you advise said Board that it can hold its hearing at this time. Very truly yours, RTH:jl Richard T. Haefeli til✓ rfll� �. ' , A+ Town Hall,53095 Main Road uy P.O. Box 1179 Southold,New York 11971 TELEPHONE (S16)765.1933 PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 7, 1988 David Emilita 23 Narragansett Avenue Jamestown, Rhode Island 02835 RE: Cliffside/Tidemark SCTM #1000-45-1-1 Dear Mr. Emilita: The following action was taken by the Southold Town Planning Board on Monday. December 5, 1988. RESOLVED that the Southold Town Planning Board request that David Emilita prepare a Final Environmental Imapact Statement. If you have any questions, please do not hesitate to contact this office. Very truly yours, IX rAlEY/T ORLOWSKI,JR. CHAIRMAN cc: Richard Haefeli jt , RICHARD T. HAEFELI ATTORNEY S COUNSELOR AT LAW 184 MAIN STREET P.O. SOX IIIE _ WESTHAMPTON BEACH, NEW YORK 11978 816-288-5455 December 12, 1988 Mr. Gerard P. Goehringer Chairman Southold Town Board of Zoning Appeals Town Hall Main Road Southold, New York 11971 e a a Re: Application of Cliffside Associates (Tide Mark) Dear Mr. Goehringer: I enclose herewith a copy of a letter I have sent to Mr. Orlowski, which I believe is self-explanatory. Pursuant to the rule, the decision by your Board on the special exception has to be made by January 29, 1989. In order for this to be done, I would ask that you place this matter on your calendar so that the hearing can be held. Very truly yours, Richard T. Ha fe i RTH:jl Enclosure /� l C / / &t&'s p:ok �1 ,F Town Hall, 53095 Main Road �� P.O. Box 728 Southold, New York 11971 JUDITH T.TERRY TELEPHONE TOWN CLERK (516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 28, 1986 To : Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Tranmsitted herewith is Zoning Appeal No. 3542 application of Tide Mark (Cliffside Associates) for a special exception. Also included is Short Environmental Assessment Form; letter relative to NYS Tidal Wetlands Land-Use; Notice to Adjacent Property Owners; and site plan. o' _ ��-- Judith T . Terry Southold Town Clerk i RICHARD'PELLIOANE (516) 293-7200 ATTORNEY AT LAW July 28, 1986 Board of Zoning Appeals Town of Southold Main Road Southold, NY 11971 Re: BZA Application - Tide Mark (Cliffside Associates) Premises: Middle Road, Greenport, NY Dear Board Members: Enclosed please find an application for Special Exception permission for the construction of motel units in connection with the above premises. A previous application was made with respect to this site, which I would like to amend at this time. Should you require any additional information, please contact my office. Very truly yours, Richard Pellicane SJK/ Encl. 25 BOWDEN SQUARE, SOUTHAMPTON, NEW YORK 11968 RECEI`: a *OWN OF SOUTHOLD, NEW YORK JUL 28 1986 APPLICATION FOR SPECIAL EXCEPTION lawn Clerk Southold Application No. Date Filed: 914A TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: I (We), Cliffside Associates of 72 N. Ocean Avenue (Residence, House o. and Street Patchogue, NY 11772 (Hamlet, a e, Zip Code, Telephone Number) hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLE v SECTION 100-50 , SUBSECTION B (4) for the below-described property for the following uses and purposes (and as shown on the attached plan drawn to scale): S.C. Tax Map #1000-045-01-02 Property is located on the northwest side of Middle Road (C.R. 48) , Greenport, New York. Property is currently zoned M-1 Zone.. Request is hereby made for Special Exception permission to construct 76 motel units in accordance with Section 100-50 B (4) of the Code. The proposed use will comply with Section 100-121 C of the Code. A. Statement of Ownership and Interest. Cliffside Associates is(are) the owner(s) of property known and referred to as M'dd o k ouse o. , Street, am et identified on the Suffolk County Tax Maps as District 1000, Section 45 , Block 1 , Lot(s) 1 & 2 which is not (is) on a subdivision Map (Filed , "Map of Filed Map No. , and has been approve by the Southold Town Planning Board on as a [Minor] [Major] Subdivision). The above-described property was acquired by the owner on B. The applicant alleges that the approval of this exception would be in harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefor in said ordinance and would not be detrimental to property or persons in the neighborhood for the following reasons: C. The property which is the subject of this application is zoned M-1 and [ ] is .consistent with the. use(s) described in the Certificate of Occupancy being furnished herewith. L ] is not consistent with the Certificate of Occupancy being furnished herewith for the following reason(s): [x ] is vacant land. COUNTY OF SUFFOLK) STATE OF NEW YORK) ss. : t5ignaure Richard Pellicane Sworn to beforg, me this day of July 1986 Attorney for Applicant �v _ otary is MARY LOU DREEBEN ZB2 (rev. /6/86 NOTARY PUBLIC,State of New York No.4763129,Suffolk County Commission Expires Vveh 30, 19�g S�.,vc Nr The N. Y , So Environmental quality Review Act requirr. ; sub- , p+, ;.• mission of thO form. and an environment review will be made 'by this and before any action is *en . �r SHORT ENVIROMAVIT.AL ASS'S.^,uPIT FCP4 '+,� rlsrPrCTIcr.sr (a) In order to answer the questions in this short EAF is is assured that Che r; , preparer will use currently available information concerning the project and the w luely impacts of the action. It is not expected that additior:al studio• roeeareh y�,s 1 or other investigations will be undertaken. 1 �# +�1 �` I �.1 I - `::.0: ,•:, ., , .. . .,�,.i :r.. ' (b) 2f any.; question has been answered Yos thn project may be aignlfleant and a t'CC .Meted Environmental Assessment Form is •neces Dar'/ - � ,� �-}I , Vt'• d rrYt, yr,I{ {� If all questions have been answered No it is likely that this ,project is S`Yi+Y, SC 'rA p*nC significant. y e 5f1 nhr /. �,,?4 P,. '!1 ,• ' �.. 4 ="f tYa L:: 4 rl cYY�•S{"r'� (d) Environmental Assessment r ., 1. Will project result in a lerge pphysical change to the project site or physically alter more �_` •-r i` y�1�; ij N•7{ iryz sk than lO acres of lend? • �. Yas ly No qrf ir• J ,r{ � • 2. Will there be a ma jor change to any unique or at fy unusual land form found on the site? • Yes INo �:''1' 15 " ' •' ). Will project alter or have a large effect on ;"tltljt4 {; an existing body of water? • • • • • • Yea X NO 4. Will project hive a potentially large impact, on � IT.FIl', gro'.usdwe Ler quality?SCy? • • • • • ♦ • • • • • • Yes NO j(' • Will project significantly effect drainage flow on adjacent sites? • . . . . . . . . '} I-_ Yes no t,y� 6• Will project affect any threatened or endangered ' t;F41, ., plant or animal species? • • • • • • • • • • • ^� Yee X No 7• Will project result in a major adverse effect on } 4Y air quality'. Yes X: No Will project have a Qsjor effect on visual char- acter of the coneunity or scenic views or vistas known to be important to'the community? Yes X No 9• Will project adversely iztpact any site or struct, ure of historic, pro-historic, or paloontologicul �1 " Importance or any site designated as a critical environmental area by a local agency? Yes X No 10. Will project have a major effect on existing or future recreational opportunities? . . . Yes X ' No 11- Will project result in major traffic problems or -- cause a major effect to existing transportation Systems? • • • . . . . . . Yes X No 12. 'dill project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- once an a result of the project's operation? Yes X No 13. Will project have any impact on public health or safety? , . . . Yes X No 14- Will project affect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent over a one-year period or have a major n^rative effect on tre character of the community :r nei,{hborhood? . Yes X ro 15. Is there public contr,3ve sy concerninA the r, protect' Yes X No pSEPa3EB'3 SIC::ATIRE: ° fRES ;77I:1C: —� L=: AttorneY for Aunlicat $liffside ..• Associates +nne DATE: July 21, 1986 July 21, 1986 (Toda ( ' s Date) To: Southold Town Board of Appeals Main Road Southold, NY 11971 Re: Appeal Application of Tide Mark (Cliffside Assoc. ) Location of Property: - Middle . , reenpor ou o — Dear Sirs: In reference to the New York. State Tidal Wetlands Land-Uae Regulations, 6 NYCRR, Part 661, and Article 25 of the New York State• Environmantal Conservation Law, please be advised that the subject property in the within appeal application : (please check one box) [ 1 May be located within 300 feet of tidal wetland:;; however, constructed along the water-lying edce of this property is a bulkhead in very good condition and at 1cast '100 feet in length. * [ I Mav be 'located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in need of ' (minor) (major) repairs, and approximately feet in length. [ 1 May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. [ ) May be located within 300 feet of tidal wetlands ; and there is no bulallead or concrete wall exis`_ng on the premises. - (XX1 Is not located within 300 feet of tidal wetlands to the best of my knowledge. " [Starred items ' (+) indicate your property does not appear to fall within the jurisdiction of the N •Y•S • D. G.C. ] Sincerely yours, � ,tease) NOTE: If proposed 3 , icl�ard� > e, icane p p pro 'c.ct falls wilVain D.E.C. jurisdiction, approval must be received ano submitted to our office before your application can be scheduled for a public hearing. NEW YORK SJW DEPARTMENT OF ENVIRONMENTAL JfSERVATION • Regulatory Affairs Unit Bldg. 40, SUNY---Room 219 Stony Brook, N. Y. 11794 (.. ��SsKt C�i�oocrc�.e�, Ofr 6�oC 0i�� {-`..r., /1? /QW I*A-. S/ / 9. RE: 474-41 , J1 ,744. ,!/ pr hv�wb.vc�c Dear A review has //been made of your proposal to: S`l'&r6" 4r �dk� lCo Location: 4.Z.5 New York State epartment of Environmental Conservation has found the parceloject to be: Greater than 300' from inventoried tidal wetlands. _Landward of a substantial man-made structure greater than 100' in length constructed prior to September 20, 1977. _Landward of existing 10' contour elevation above mean sea level on a gradual, natural slope. There is to be no construction or disturbance to vegetation or topography within 20' or seaward of existing 10' contour or topographical crest (as indicated) . —landward of topographical crest of bluff, cliff or dune in excess of 10' in -elevation above man sea level. There is to be no construction or disturbance to vegetation or topography within 20' or seaward of existing 10' contour or topographical crest (as indicated) . Therefore, no permit under Article 25 (Tidal Wetlands of the Environmental Conservation Law) is required at this time since the current proposal is beyond State mandated jurisdiction pursuant to this act. However, any additional work or modifications to the project may require a permit. It is your responsibility to notify this office, in writing, if such additional work or modifications are contemplated. Very truly yours, Alternate Regional Permit Administrator Q I Rwz 5'q fes - Xy'i' `.,;;,•',, a Zc —�� E � n ~• � �''`.'�,<,,:r:`:.. .,�'�..�� is C 4, e `4 P �w Ali /. ' �" ..� 'P09C� ..4_ �/ '__ /f r ( • `' c�is��E�wv�ss / •. r� Yr i ice- P / HENDERSON e�+o BODW ELL .O[TEPN.eTE a ` / ` t Ela er aeE /'E E. m zt is v Y a. aea zsf J� a,I N. i L Nb Ee V r OR SEC.No N0 H a= OUTr L 1. 9Pe r 0 E SEC.NO. 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I . \ / �/ r;/'B _ i •� ,,/ .� ,,;G,�„ �y, Q �L�rc - tJ� ( � 25 �J ' \ '`/C7\� •,., `\q'��c'l �Y'� ,,t.`l� �1 � 5._ � I� �\ _ I , /� \ i � nM I"f AtZIG f�G IZE00 14 JPO LI jam; G " / ;, , C�•.� r > A, n.� e o��gpFFO�,�co APPEALS BOARD MEMBERS o '° SCOTT L.HARRIS y y T Supervisor Gerard P.Goehringer,Chairman Charles Grigonis,Jr. �Oj �`a� Town Hall,53095 Main Road Serge Doyen,Jr. P.O.Box 1179 James Dinizio, Jr. Southold,New York 11971 Robert A. Villa BOARD OF APPEALS Fax(516)765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone(516)765-1800 TO: Jerry, Charlie, Serge, Jim and Bob DATE: February 28, 1991 REF: Cliffside/Tidemark Project Please find attached new papers with $300 check submitted today by Richard Haefeli, Esq. This application will not be filed with the Town Clerk until the Board Members have reviewed the application and deems it complete (or incomplete) at our March 8, 1991 meeting (by resolution) . Thank you. (If you need to review the prior Special Exception determination of the ZBA, the file will be on the table rubber-banded with this new paperwork. ) RICHARD T. HAEFELI ATTORNEY 6 COUNSELOR AT LAW 184 MAIN STREET P.O. BOX 1112 WESTHAMPTON BEACH, NEW YORK 11078 518-288-5455 TELECOPIER February 27, 1991 15181 286-5474 k Mn 8 Gerard P. Goehrin er 1 b 28 19 Chairman Southold Town Board of Appeals Main Road P.O. Box 1179 Southold, New York 11971 Re: Application No. 3542 - Cliffside(Tidemark) Variance Dear Mr. Goehringer: I enclose herewith the following relative to the above: I. Original notice to property owners with attached certified mail receipts 2. Check for filing fee in the amount of$300.00 3. Three copies of the plan for the kitchenettes for units in the A, D and E buildings 4. Three copies of the plan for the kitchenettes for units in the B and C buildings I believe that the application is now in final form. Very truly yours, Richard T. Hae elli��,/ RTH:jl Enclosures 0 0 RICHARD T. HAEFELI ATTORNEY 3 COUNSELOR AT LAW 184 MAIN STREET P.O. BOX 1112 WESTHAMPTON BEACH, NEW YORK 11978 516-288-5455 TELECOPIER February 25, 1991 (516) 2BS-5474 Mr. Gerard P. Goehringer Chairman Southold Town Board of Appeals Main Road P.O. Box 1179 Southold, New York 11971 Re: Application No. 3542 - Cliffside(Tidemark) Variance Dear Mr. Goehringer: I enclose herewith the following relative to the above: 1. Original plus two copies of application 2. Short Environmental Assessment Form 3. Rider to Application 4. Seven (7) copies of the survery 5. Check in the amount of$350.00 If everything is in order, I would appreciate your placing this matter on your calendar at your earli- est convenience. Very truly yours, Richard T. Haefeli RTHJ1 Enclosures r� ) BOARD OF APPEALS, TOWN OF SOUTHOLO In the Matter or the Petition of CLIFFSIDE ASSOCIATES NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: ¢ PROPERTY OWNER 1 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (Special Exception) (Special Permit) (Other) [circle choice] Interpretation of Zoning Code and/or Variance 1. 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: North Highway , Greenport , New York SCTM: 1000/45/ 1 / 1 3. That the property which is the subject of such Petition is located in the following zoning district: RR Zonino District i That by such Petition, the undersigned will request the following relief: Interpretation and/or va?,iance of the Zoning Code to permit the construction of kitchenettes S. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article I Section 100-13 and ARTICLE VI . Sec. 100-61 ( ] 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) 7�5-1809. 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. i Dated: February 27 , 1991 f 'Petitioner Owners ' Names : CLIFFSIDE ASSOCIATES Post Office Address 130 Jessup Avenue Quoque, New York 11959 Tel . No . ( 516 ) 653-5588 [Copy of sketch or plan showing proposal to be attached for convenience purposes . ] PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS MR . PATRICK STEWART 18 Wilson Street , Hartsdale , New York 10530 BANG ESTATE P . O . Box 445 , Greenport , New York 11944 JERAD MOTEL CORP . North Road , Greenport , New York 11944 P 107 313 740 P 107 313 739 RECEIPT FOR CERTIFIED MA RECEIPT FO25 CERTIFIED MAIL P 107 313 7 41 NO INS ANCE COVERAGE PROVIDEC NO INSURANCE COVERAGE PROVIDED RECEIPT FOR CERTIFIED MAIL NOT OR INTERNATIONAL MAIL NOT FOR INTERNATIONAL MAIL NO INSURANCE COVET AGE PROVIDED (See Reverse) (See Reverse) NOT FOR INTERNA TONAL MAIL (See Reverse) Sent to � Sent to 0 0 . Rang Estate e Street and No. '+ Street and No. Sent to 18 Wilson Street m Jerad Motel Cor . m o. Street and No. P.O.,State and ZIP Code 0 P.O.,State and ZIP Code a D a P.O.,State and ZIP Code c7 Postage $ ti Postage $ Green ort NY 11944 v ui . 2 9 >. $ > > 7 Postage 29 Certified Fee Certified Fee 1 - 00 Special Delivery Fee * certified Fee 1 . 00 Special Delivery Fee Special Delivery Fee Restricted Delivery Fee Restricted Delivery Fee Return Receipt Showing Return Receipt Showing Restricted Delivery Fee to whom and Date Delivered to whom and Date Delivered 1 . 00 Return Receipt Showing 01 Return receipt showing to whom, a Return receipt showing to whom, to whom and Date Delivered 1 . 00 m Date,and Adtlress of Delivery m Date,and Address of Delivery Return receipt showing to whom, a TOTAL Postage and Fees. $ m TOTAL Postage and Feesr:.._. $ Date,and Address of Delivery 2 . 29 LL LL TOTAL Postage and Fees $ 2 . 29 o Postmark or Date o Postmark or Date m n Postmark or Date . E E i U. E a fA 10 a STATE OF NEW YORK ss. COUNTY OFSUFFOLK) JU.DI LUNN residing at 11 Hazelwood Avenue . Westhampton Beach , New York being duly sworn, deposes and says that on the 27thday of February . 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- fice at Westhampton , New York ;that said Notices were mailed to each of said persons by (certified) fr* i!Ai4*N) mail. JUDI LUNN Sworn to bef re me this 27th dayof eb uar 1 Notary Public RfCHARR T. HAEFELI � Notary Public,State of New York I / No. Suffolk CifjiMTerm Expires March 30, ( This side does not have to be completed on form transmitted to adjoining property owners . ) § 100-265 ZONING § 100-271 safeguards as it deems necessary or appropriate to preserve and protect the spirit and the objectives of this chapter. ARTICLE XXVII Board of Appeals C [Last amended 1-10-89 by L.L. No. 1-1989] § 100-270. Appointment; membership. The Town Board shall appoint a Board of Appeals consisting of five (5) members, as provided by the Town Law. § 100-271. Powers and duties. In addition to such powers as may be conferred upon it by law, the Board of Appeals shall have the following powers: A. Appeals: to hear and decide appeals from and review any order, requirement, decision or determination made by the Building Inspector. B. Variances: Where there are practical difficulties or unneces- sary hardships in the way of carrying out the strict letter of these regulations,the Board of Appeals shall have the power to vary or modify the application of such regulations so that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done. C. Special exceptions, special permits and other approvals: Whenever a use or the location thereof is permitted only if the Board of Appeals shall approve thereof, the Board of Appeals may, in a specific case and after notice and public hearing, authorize such permitted use and its location within the district in which this chapter specifies the permitted use may be located. D. Interpretations: on appeal from an order, decision or determination of an administrative officer or on request of any town officer, board or agency, to decide any of the following. 10163 2-25-89 § 100-271 SOUTHOLD CODE § 100-275 (1) Determine the meaning of any provision in this chapter or of any condition or requirement specified or made under the provisions of this chapter. (2) Determine the exact location of any district boundary shown on the Zoning Map. § 100-272. Additional conditions and safeguards. C In deciding any matter before it, the Board of Appeals may impose such conditions and safeguards as it deems necessary or appropriate to preserve and protect the spirit and the objectives of this chapter. § 100-273. Rules of conduct and procedure. The Board of Appeals shall, consistent with the law, determine its own rules of conduct and procedure. § 100-274. Fees. All applications to the Board of Appeals for any relief herein shall be accompanied by a fee of one hundred fifty dollars ($150.). § 100-275. Notice of hearing. A. In all cases where the Board of Appeals is required to hold a public hearing, in addition to the notice of such hearing required by law, a written notice containing the following information shall be sent by the person petitioning such Board, or his agent, by either certified or registered mail, to every owner of property immediately adjacent thereto. In the event that any petitioner owns or has any interest in any property immediately adjacent to the property which is the subject of such petition, then written notice shall also be given to the owners of the property adjacent to such other property of the petitioner. For the purpose of this section, the words "owner' or "property owner" mean the owner as shown on the current assessment roll of the Town of Southold. The notice required by this section shall be mailed by the petitioner, or his agent. 10164 2-25-89 TOWN OF SOUTHOLD PROPERTY RECORD CARD VVNER STREET VILLAGE DIST. SUB. LOT DRMER OWNE N / ;'r E ACR. . It �i re S W TYPE dF BUILDING a / d 4 e i. SEAS. � FARM COMM. CB. MISC. Mkt. Value VL. � � LAND IMP. TOTAL ^^ DATE REMARKS f S 6.Ta Io! .L.f-000. L-�+ 'L d d Q D ,.Jalc,/,rJ -j- T ' � C1,� 5i Ne- <I`,•ync__ = G10, J is �3od 8o c> s c s e a v G ) Jr-'l I- CB'f/n e r- fj Ja/a12-MQ , e. AGE BUILDING CONDITION 1 ,L 'n�tr�cw��r�NJoVi/e_= ;;EW NORMAL BELOW ABOVE l a _ "- g6 _ S ARM Acre Value Per Value t� v-S oGFice , Sw,,-n m`,/�c, Pool + Dede Tv hn', S. C+S ' 3, 100, DOp 'Acre fable 1 lable 2 [able 3 , � d 3S� aao SGG )odland i ( ampland FRONTAGE ON WATER .,shland FRONTAGE ON ROAD ,. 64)1, 88 ,use Plot DEPTH l)! r, �'�' „ • r,%,tL BULKHEAD tol DOCK '*Sol TOWN OF SOUTHOLD IAROPERTY RECORD CARD OWNER STREET VILLAGE DISTRICT SUB. LOT (O FORMER OWNER N p E ACREAGE S W ((�((` // ^/� TYPE OF BUILDING RES. SEAS.2(db VL. FARM COMM. I IND. I CB. I MISC. LAND IMP. TOTAL DATE REMARKS X:: (i3. rcgc(F t Sz o 00 C G [3 ✓. > 0 A ✓ is u e_ -f AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE Farm Acre Value Per Acre Value 1 Tillable 1 Tillable 2 Tillable 3 Wcodland y Swampland Brushleft%%� House Plot Tcta I ■■■■■■■■■■■■■■■■■■■ ■■■■■■■■■■■■■■■■■■■ ■■■■NEON■MEN■■■sommommommoso No ■■■■ P; ■■■■■N===9■■■■EE0E■■ ■N■■■■■■N lN■■■■■■■■■■ ■■E■E■■■■1■■E■■■■■E■■ ■■■■■■11Or■E■■■■■■■■■ ■■■■■■E�i�fi■■■■■■■NEE Extension �� • ``l �C�c1l 1 C,y c ) _ 7- l e_-_ .14•16-4(2/871—Text 12 PROJECT LO.NUMeER 617.21 t SEQ R Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I—PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT/SPONSOR 2. PROJECT NAME ASSOCIATES CLIFFSIDE ASSOCIATES 0. PROJECT LOCATION: Municipality SOUTHOLD County SUFFOLK 4. PRECISE LOCATION(Street address and road intersections,prominent landmarks,eta.,or provide map( 6. IS PROPOSED ACTION: ❑New ❑Expansion ®Modiflcatlorinineratlon 6. DESCRIBE PROJECT BRIEFLY: REQUEST TO CONSTRUCT KITCHENETTES IN AN APPROVED PROJECT FOR A RESORT MOTEL, FOR WHICH A BUILDING PERMIT, NO. 18687—Z, HAS BEEN ISSUED. 7. AMOUNT OF LAND AFFECTED: Initially O acres ultimately O acres B. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ❑Yes ❑No It No,describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? , ❑Residential ❑Industrial Describe: ®Commercial ❑Agriculture ❑ParklForestlOpen space ❑Other 10. DOES ACT104 INVOLVE A PERMIT APPROVAL.OR FUNDING.NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL, STATE OR LOCAL)? ❑Yea M No If yes,list agency(s)and permivapprovals 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ®Yes El No If yea•list agenc�name andpermltlaproval SPECIAL EXCEPTION APPROyAL FROM BOARD of ZONING APPEALS; SITE PLAN A�PROVAL FROM pPLANNING BOARD; BUILDING PERMIT FROM BUILDING DEPARTMENT, ALL FROM TOWN OF SOUTHOLD, AS WELL AS SUFFOLK CO, HEALTH DEPT. APPROVAL. 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMITIAPPROVAL REQUIRE MODIFICATION? ®Yes ❑No 1 CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: CLIFFSIDE ASSOCIATES Date, January 2�3,_1991 Signature: RIC , It the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding With this assessment OVER •- 1 (Continued on reverse side) of The N.y.S. Environmental Quality Review Act requires submission this form, and before any action an environmental review will be made Ly is taken. this Board be SHORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIONS• ( order to answer the questions in this short EAF it is assumed that the preoarer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is project is not significant. likely that the (d) Environmental Assessment 1• Will project result in a large physical change to the project site or physically alter more than 10 acres of land? Yes X NO 2. Will there be a major change to any unique or unusual land form on the site? •• __Yes X No 3. Will project alter or have a large effect on an existing body of water? _Yes X No 4. Will project have a potentially large impact on groundwater quality? _Yes X No 5. Will project significantly effect drainage flow on adjacent sites? • . -Yes X No 6. Will project affect any threatened or endangered plant or animal species? _Yes X No 7. Will project result in a major adverse effect on air quality? _Yes X No 8. Will project have a major effect on visual char- _acter of the community or scenic views or vistas known to be important to the community? _Yes X i �No 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical envircamental area by a local agency? X _Yes No - 10. Will project have a major effect on existing or future recreational opportunities? _Yes x No 11. Will project result in major traffic problems or cause a major effect to existing transportation systems? _Yes X No 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project-s operation? _ Yes X No 13. Will project have any impact on public health or safety? _Yes X No 14. Will project affect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent over a one-year period or have a major negative effect on the Yes X No character of the community or neighborhood? IS. Is there public controversy concerning the project. X No Preparer-s Yes Signature: Reoresentinq: CLIFFSIDF ASSOCIATES zsA yi75 Date: Janua`3 1991 RIDER TO SHORT ENVIRONMENTAL ASSESSMENT FORM The answers set forth in the Environmental Assessment Form have to do with the current application. Please note that as to the overall application,an Environmental Impact Statement was prepared, filed,accepted and adopted by the Planning Board of the Town of Southold. • 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. ) KENNETH J. TEDALDI NEIL ESPOSITO B. Is the subject premises listed on the real estate market for sale or being shown to prospective buyers? ( } Yes (X } No. (If Yes, please attach copy of "conditions" of sale. ) C. Are there any proposals to change or alter land contours? ( } Yes (X} No D. 1. Are there any areas which contain wetland grasses? N.A. 2. Are the wetland areas shown on the map submitted with this application? N.A. 3 . Is the property bulkheaded between the wetlands area and the upland building area? N.A. 4. If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? N.A. E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? N.A. (If not applicable, state "N.A. " ) F. Are there any patios, concrete barriers, bulkheads or fences which exist and are not shown on the survey map that you are submitting? NONE If none exist, please state "none. " G. Do you have any construction taking place at this time concerning your premises? YES 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 VACANT LAND and proposed use CONSTRUCTION STARTED FOR AN AP MOTEL . -- — r January ?.3, 1991 Au-tfioriz ed S3._ gna u�f re and Date KENNETH J.-TEDALDI , Owner 3/87, 10/901k ._.__ 5�� 3fP1 1 '1'•i S l Fi/ 'fI R Q l'R 0.• �'C C3 I I ' ..Po•a TO\ �/� \�'•o �� ! •� I ' N < OF' QGf O< oAr,, 5°'_ WWO,.. I1,� .F. W. ,,. .. — -- n o . • iY OF SUFFOIK SOU n R" r Tm Srr c <r .a a v ' AT w NO. LAST KAOWN OR REPUTED OWNER _ ADDRESS ZIP H44ILTON GEO 4 AND _ 71 EAST DEER PARK RD 73lP DIX HILLS NY 11746 ____________________________________________________________________________________________________ _______________ 61-I-15 MICHEL R33EPT J 3 AND 111-14 76TR AVE (607) .7333> F)RF<T HILLS NY 11374 .- _____- ,4.1-1-16 MIELE ER11zSTINE P3 SOX 740 d1i39 ---------GqllOIT MY ----- 17.-1-2.1 ELIFF"ID' ASS O[ 1,744 IATES i71 C/C KENNETH TEDALDI OUOGVE NY 11959 a1 3Dz PIS �S,•1-3 E c ; ORS U)X 445 13319 GR-cENPORT NY 11944 _____________________________________________________________.______________________-_____-_________-______________________._______ S.•1-4 LEVIN JAC< 73319 .G,7EENPORT NY 11944 __________________________ o____-____________________________________________________-_________ 5.•I-5WART A I P I C K J B WF 1R 14IL SON ST ?3;3R dAITSDALE NY 10530 ---________________________________________________________________________________________________________________________________ 5.-1-5 WALLKA9 R03ERT 33 TIF'cRLINE CIRCLE 7 3 3 5 i PORT JEFFE^SON NY 11777 ____________________________________--__-___________________________________________________________________________________---____ HEGFMAN ANY' : ANO 30X 791 13ykl GREEN-O?T NY 11944 .._-_-•____________________________________________________________________________________________________________________________ 5.-1-3 DAVAS T.HEOTO<IS PAPADATOS 37 EDJA3)S PLACE 13',9 VALLEY STPFAM NY 11530 -___-______________________________________________________________________________________________________________________________ I,-1-) LEVIN JACK S AND 73379 ,R-cENPORT NY 11044 _____________________________-. ________________________________________________________ 779 �i11Y PARK AVF 5.-1-10 CIACIA SA MU-L EST - ATTORNEY AT LAW _ 133'9 C/0 JOHV R FAULKER DAM NY 12110 ------ 5,-1-11 LONG ISLAND LIGHTING CO 175 EAST 'AD COUNTRY RD 4?3319 ATTN: TAX DEPT HICKSVILLE NY 11801 __--_•_•____________________________________________________________________________________________ 4L•I-11 LONG ISLAND LIGHTING CO 175 EAGT OLD COUNTRY RD 47533: ATTN: TAX DEPT HICKSJILLP NY 11301 ------------------------------------------------------------------------------------------------------------------------------------ 4S.-1.12 C INSTA yTOPOULOS MICHAPL 69465 NA1(: ROAD 47331R GREEN"RT NY 11944 ______________________________________________________________________________________________-_____________________________________ 15.-1-13 DP03 i^S ALEXANDRA EST '1AIN ROAD. ROUT'_ 25 1 T,137 C/O COSTAS MINNIE GREEN-ORT VY 11944 _____________________________________________________________________________________________-________________________________ 4 i.•?-1 SIOLAS JOHN G 3 191 C°NT?AL DR 471:3 TSO'JNIS CATPERINE MATTITUCR N Y 11952 --_--_-__.__________________________________________________________________________________________________________________________ 45,-2-2 S,IANES AiPAHAM i ORS lqD SANDS 'T RD F APT 201 LJN313CAT KEY FLORIDA 34223 ______________________•________________________________________________ -_____7.1 ST a_TERS LOTNEPAN CHURCH GREEN^314T NY 11944 IC ;IAP NO. LAST KNO--N OR REPUTED OWNER AD)R ESS ZIP 3.Z-2-15 DRISCOLL DENNIS J X VF 4 DEVFP'-IX PLACE GARDEN CITY NY 11530 .______________________________________---_________-------____________---__________________-- -____________--- 4.2-Z-16 K0'4TOKOSTA PMaNUEL 43 WEST 54TH ST NEW YORK LY 10119 ----------------------------------------------------------------------------------------------------------------------------------- KCYTOKOSTA 14NU-L 43 WEST 54TH ST ' _ ---- -... _. - . NEW PORK IIY 11019 ------------------------------------- 3.2-2-13 KONTOKOSTA EMANUEL - - 43 WEST 54TH ST 'i3SR .. _ ._ '!E4 YOa4 NY 10019 LI STATE PK COMMISSION '3119 - - -------�-- 4LBA NY NY 12200 1-1-1 J-?AD 1JTEL COI NJRTH PD ----- ____________________________________________________________________________________________________ L-1-? 9LACCMIN 31NY W 74 GLFNSID- RD 3357 MURRAY HILL NJ 07974 --- _1 -- GRZESIK STEP4EN 3 DONNA 319 " - RD_________________________ 7339 GREET PORT NY 11944 ____________________________________________________________________ .-1-4 G9ZESIK STEFAN 5'_254 a( 43 GRE-UPORT NY 1194E I. 1-5 4ETIOS KIMOY 34-13 14311 ST 33>9 1RIARWOOD JAMAICA NY 11435 ---------------------------------------------------- - .-1-5 SUPRENANT R)NALO W - . 9 OX 77____________________________ 7339 — .______________________________________________________________________________________________ILL_R PLACE NY 11764 K4CE REALTY CO -- _ - - - -'33Y:9 43 WEST 54 ST ___ . _______________ ._____________________________________________ NFW Y04K NY 11Ci9 _____________________________________________________________________ .).-1-3 YCU+G 403ERT E 4 WF 301 NORTH 'ROAD '3834 PO BOX 653 -REENPORT NY 11944 SC4!I)T H71LFtiC J - 3439 -- - .._.._ ---------N-CRT -- 1194E ____________________________________________________________________________________________________________________ 1„1Y11.1 JCY. SALES 4 LEASING INC 37 P'JEaY anal r4 bi ----------------------- WO1D JU RY NY 11797 �.-1-17 _ ___________________________________ PO 9OX i5? '3339 _— _..__. _... _._ q4F LIl PO RT ^'Y 1194E .-__-_______________________________________________________________________________________________ 1.-1-13 3TFdN IOLYCN F 420 LEXINGTON AVE ---- N.W YOFK NY 1017n PF'FFER 3A3TIN C - r:B.PTEEN'4 RD 133d? _ND 1 BOX 63165 G .---------_- __. _ P. ORT NY 1194E 5 L SC AL ZO LAW4ENCE 5 FARwVIEW OR 13;9 -_D1K-HILLS NY 11746 _______________________________ c d"E�i i ■ e E., ,,0-4 all fill isloo ice• ` � ♦ �� i1��Vl° ♦�� ('ot1 � L � ��4y'A/,�t �\ .ate." � =� . sad � 1;..��r/"•-\ :��' �� ,A, . TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER_ - STREET VILLAGE DIST. SUB. LOT FORMER OWNE N E .45 S TYPE OF BUILDING 16 d it At, rl� S � C�yl symkIAILT /001" 1 RES. SEAS. VIL )/_3 FARM COMM. CB. MISC. Mkt. Value h LAND IMP. TOTAL DATE REMARKSt S 6 /GJ - f'OOO. L- 'L d B B D ,fdC J9 / .50 Q L -6 C1;d siale A s„� �6lo� irk I c .<v �3v 8D v sc � e a/s�,a , e AGE BUILDING CONDITION I = C�tou,c r ' rrl 4g, WIlona- a NEW NORMAL BELOW ABOVE FARM Acre Value Per Value TA S oFFiCe- rn%r,, f700L +-DeCJC ,Te-V,V, i+s:- 3� IOO�Opp Acre Tillable 1 Tillable 2 n ; Tillable 3 o v o Woodland Swampland FRONTAGE ON WATER 462 Brushland FRONTAGE ON ROAD House Plot DEPTH -- BULKHEAD � �X Total DOCK .. TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DISTRICT SUB. LOT �c / l� .UCSC • �� ` FORMER OWNER N D�[t rt E y" /, 6L , / 3�EEoAGE Xh:. S W TYPE OF BUILDING r. RES. ( SEAS. 2 6 VL. FARM comm. IND. CB. I MISC. LAND —IMP. TOTAL DATE REMARKS ,, Y -�So 0 160 3 00 3 J'a 3 r i 41, 6 d 0 4 O r? Y o 6 I/ io o/Y• �� _ r✓27�000r b k t. AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE f S s gr Farm Acre Value Per Acre Value Tillable 1 / Tillable 2 Tillable.. 3 �t Woodland Swampland "a t Brush 10176 zoo ,mr House Plot 7211, Y Total ' a K �° ' ►' ■■■■■■■■■■■■■■■■■■■■ ■■■■■■■!!■■■■■■■■■■■■ ■■■■■��I��■■■■■■■■■ � t.... ter, <; ■■■■■■■■NI ■■■■■ . ■■P■■■■■NI■■■■■■■■■■■ ■■■■■■EMOU■■■■■■■■■ • � sinveway yG Y5 APPEALS BOARD MEMBERS - SCOTT L.HARRIS Supervisor Gerard P.Goehringer,Chairman �t. Charles Grigonis,Jr. Town Hall,53095 Main Road Serge Doyen,Jr. 'r P.O.Box 1179 James Dinizio, Jr. Southold,New York 11971 Robert A. Villa BOARD OF APPEALS Fax(516)765-1823 Telephone(516)765-1809 TOWN OF SOUTHOLD Telephone(516)765-1800 March 11, 1991 Richard T. Haefeli, Esq. 184 Main Street Box 1112 Riverhead, NY 11901 Re: Application for Interpretation Property ID: 1000-45-1-2. 1 (Tidemark) Dear Mr. Haefeli: This letter will confirm that the Board of Appeals has reviewed your recent application and has deemed this applica- tion, as delivered, incomplete for the following reasons: 1) Article XXVII , Section 100-271 of the Zoning Code dictates authority to the Board of Appeals for . . .A. Appeals: to hear and decide appeals from and review any order, requirement, decision or determination made by the Building Inspector; .B. Variances: Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of these regulations, the Board of Appeals shall have the power to vary or modify the application. . . .D. Interpretations: on appeal from an order, decision, or determination of an administrative officer or on request of any town officer, board or agency, to decide any of the following: 1) determine the meaning of any provision of the ( zoning code) this chapter or of any condition or required specified or made under the provisions; 2) determine the exact location of any district boundary shown on the Zoning Map. Without an order, decision or determination of an administrative officer based upon a different, new application to him for consideration and the appropriate Article and Section of the Page 2 - March 11, 1991 To: Richard T. Haefeli, Esq. Re: Tidemark (Cliffside) Interpretation Zoning Code under which this ZBA application is being made, the Board of Appeals is without authority. 2) The application rider, paragraph two, states that the "Building Inspector has refused to permit the applicant to file amended building plans showing kitchenettes. . . . " If the building inspector has refused to permit you to file amended building plans, then it is apparent that there has been no determination by the building inspector in which you could base your appeal. 3) It is also the Board's understanding that a building permit has been issued and construction on this project is continuing. Please note that the kitchenettes were not requested under the previous Special Exception of the Board of Appeals, and the building permit has been issued based upon this fact. We, therefore, must return the application, which is incomplete at this time. Yours very truly,- 7 GERARD P. GOEHRTNGER CHAIRMAN lk Enclosures cc: Building Department Town Attorney' s Office HARVEY A. ARNOFF SCOTT L. HARRIS Town Attorney Supervisor MATTHEW G. KIERNAN Town Hall, 53095 Main Road Assistant Town Attorney ,` Y � %7 P.O. Box 1179 _' , ✓; Southold, New York 11971 Fax (516)765-1823 OFFICE OF THE TOWN ATTORNEY Telephone (516) 765-1800 TOWN OF SOUTHOLD March 21, 1991 I I MAR 2 2 1991 Richard T. Haefeli, Esq. L_ _ 184 Main Street Box 1112 Riverhead, NY 11901 Dear Dick: Reference your letter to me of March 18, 1991, please be advised that I have reviewed the file in this matter and do not feel at this point that a meeting between you, myself and Mr. Goehringer would be appropriate. Rather, I have spoken with the Building Inspector, and it would appear that if you refile your application for a building permit appropriate action would be taken by him on same and either an approval or denial would be issued. Obviously, if an approval is granted you and I need not speak. If a denial is issued, then in that event, you can make whatever application you deem appropriate to the Zoning Board of Appeals. I trust this letter should resolve the pending issues. Very truly yoy Harvey _A-r- R6 Town , t t6rney HAA:mis cc: Gerard P. Goehringer, Chairman, Zoning Board of Appeals Victor G. Lessard, Principal Building Inspector -_ 2 5 t' f / a 21�• `4tie L^ cw ,k e Jsle 1 � ��' 2EFE2ENGES i . I 3S o �iulRb � - _ w, pr2OpErZTY Af7F�1-7.1326CtF=�)"3�o.G7py1��=� Zokwt qN 5040CLr4I CT-Grmmwp�a - yo �+ 1`IRE DU'tRIGT_Q�kFNP°!T" /� ZoNI"JC DISTfLQ-�]f2 ��mod_ .� O�,\� YG�pRYx�f�x�rrRrrH�ggWf��7f M6JI'�3 h� G S =wE�51OC?ppf�- PCrW o45 Ot ,�vv Oi�tLou(�WI�J-1�6��4S.9ab per u u �6 Lwrm O wz9794, ��V °`� e� { mix rx Laicna euZweD �= Z5Fr c2W LIc WxlLI ff;S- S/ 4 Cf2EE 1 �SBNFSLPSifL II T E PLAN �� -13, - N'� l3 i aa+ wa3 a�n sJUKL rr�l g�iz, NOacatoaca ,�._ _ ,rff _`„ �„ Q�C�Lr� Fs1r�E ,3RECLd.t S, �I�i Q "1 G'�`t�.;JY•C� 3 n�E" t`- CL . gJ�CI?�ES DOLIGGLaS P. 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