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HomeMy WebLinkAbout4942 41 Ez`fSouh avg21Q ys `f942 -P# On* *Veld ce �eaod-. l l/(e/o 3 0-pro ` e- av e CL s 1 I / - 41,,,,,,,,,,,, 0) APPEALS BOARD MEMBERS ��'il®OFF®Ldr - r�' (to ®� Southold Town Hall Lydia A.Tortora, Chairwoman ® `` 53095 Main Road Gerard P. Goehringer ; H ; P.O. Box 1179 � Pry George Homing � ,���� Southold,New York 11971-0959 • Ruth D. Oliva , �J®� ��®��� ZBA Fax(631)765-9064 Vincent Orlando _ ,,e ' Telephone(631)765-1809 http://southol rk.net BOARD OF APPEALS 3-Vo Pri/ /4-1S--) TOWN OF SOUTHOLD aplesiip,„.„ FINDINGS, DELIBERATIONS AND DETERMINATION 0 MEETING OF MARCH 20, 2003 SouthoM Thrill Clerk Appl. No. 4942 - BREEZY SOUND CORP. Property Location: North Side of C.R. 48, a/k/a North Road (opposite San Simeon Nursing Home), Greenport; Parcel 1000-45-01-2.1. APPLICANT'S REQUEST: Applicant is requesting a Special Exception under Section 100-61 B(4), for permission to establish new 68-unit motel with motel office, pool house for motel guests, and motel-manager's apartment unit as shown on the dimensional plan prepared by Barrett, Bonacci and VanWeele, P.C. dated 10/3/01, revised 8/2/02. PROPERTY FACTS/DESCRIPTION: The applicant's 7.13-acre parcel is unimproved and is located on the north side of C.R. 48, a/k/a North Road, in Greenport, and is located in the Resort- Residential (RR) Zone District. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on October 17, 2002 and January 16, 2003, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: CODE PROVISION: Code Section 100-61B(4) provides that the following are permitted by Special Exception approval from the Board of Appeals, subject to site plan approval by the Planning Board: Transient hotels or motels, resort hotels or motels or conference facilities, provided that the following requirements are met: (a) Minimum parcel size shall be five(5)acres. (b)The maximum number of guest units shall be: [1] One (1) unit per six thousand (6,000)square feet of land without public water or sewer. [2] One (1) unit per four thousand (4,000) square feet of land with public water and sewer. (c) No music,entertainment or loudspeaker system shall be audible from beyond the property line. (d)The maximum size of a guest unit shall be six hundred (600)square feet. r 4I Y . Page 2—March 20,2003 - Appl. No.4942—Breezy Sound Shores 1000-45-1-2.1 at Greenport In addition, the Board has reviewed the General Standards governing Special Exception uses set forth in Section 100-263 and finds that: A. That the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts. B. That the use will not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the requested use is located or of permitted or legally established uses in adjacent use districts. C. That the safety, the health, the welfare, the comfort, the convenience or the order of the town will not be adversely affected by the Resort Motel use and its location. D. That the use will be in harmony with and promote the general purposes and intent of this chapter. E. That the use will be compatible with its surroundings and with the character of the neighborhood and of the community in general, particularly with regard to visibility, scale and overall appearance. F. That all proposed structures, equipment and material shall be readily accessible for fire and police protection. BOARD CONSIDERATIONS/REASONS: In considering this application, and on the basis of testimony presented, materials submitted and personal inspections, the Board has reviewed the code requirements set forth pursuant to Section 100-61B(4) and finds that the applicant complies with the Code requirements, and that: 1. The proposed Resort Motel is required to be built on a minimum of five acres. Breezy Sound Shores Corp. has seven acres located on County Route 48. The proposed project is bounded on the east by a motel and a condominium, and on the west by a motel. The site is located across from the San Simeon Nursing Home on County Route 48, and to the north of the site is a bluff overlooking Long Island Sound. Breezy Sound Shores Corp. has received a Permit to build from the Town Trustees amended 1/7/02. 2. The number of guest units is determined by the availability of water and sewer. When both are available, one unit per four thousand square feet is allowed. The applicant has permission from the Suffolk County Water Authority to hook up to public water. Breezy Sound Shores Corp. also has obtained approval for a chromoglass system from the Suffolk County Board of Health for sewer disposal or P ; 1004 , • Page 3—March 20,2003 Appl. No.4942—Breezy Sound Shores 1000-45-1-2.1 at Greenport they are in negotiations with the Village of Greenport for sewer hookup. This would allow construction of 68 units. 3. No music, entertainment or loudspeaker system shall be audible from beyond the property line. 4. The maximum size of a guest unit shall be 600 square feet. The applicant's plans call for a living area, kitchenette, and two bedrooms all within the 600 square feet limit. 5. The definition of a Resort Motel also includes the permission to build a manager's unit with one bedroom and kitchen, and a pool house, pool, office, and beach access. After considering all items under Section 100-616(4), no evidence has been submitted to show that the safety, health, welfare convenience order of the Town would be adversely affected by this Resort Motel use. This project is subject to a site plan review by the Planning Board. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Oliva, seconded by Member Tortora, and duly carried, to GRANT the application for a Special Exception, for a Resort Motel, subject to the following Covenants and Restrictions, to be prepared by applicant in recordable form, approved by the Town Attorney's Office, and filed by the owner/applicant with the Suffolk County Clerk's Office: 1. Regardless of the form of ownership of the Resort Motel or the individual motel units, the resort motel will be operated in accordance with the Southold Town Code. In accordance with the Southold Town Code, the Resort Motel shall be "rented on a daily rental basis or for vacationers or other persons on a weekly rental basis." 2. A Management Company, or equivalent, shall be established which will manage the day to day'operations of the resort motel and shall monitor that the units are operated as a resort motel. A Board of Managers, or equivalent, will establish the rules and regulations of the complex. The rules and regulations shall be in conformity with the Southold Town Code. 3. The Operating Agreement of this complex will provide that individual owners of the resort motel units shall be guaranteed no more than two weeks of occupancy of their unit during the prime season. The units are to be placed in a rental pool and available to the public. In the event that the unit is not rented, the owner of the unit may A Page 4—March 20,2003 Appl. No.4942—Breezy Sound Shores 1000-45-1-2.1 at Greenport then occupy the unit in accordance with the rules and regulations established by the Board of Managers. 4. The Resort Motel will be closed from January 15th through March 15th of each year. 5. The units shall not be occupied as a dwelling. 6. The Resort Motel unit shall be rented as a suite with two bedrooms, and the bedrooms may not be individually rented. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Tortora (Chairwoman), Goehringer, Orlando, and Oliva. (Absent was: Member Horning of Fishers Island.) T is Resolution was duly adopted (4-0). Lydia . ortora, Chairwoman—Approved for Filing 4/f' /03 DEPARTMENTAL MEMO TO: Town Clerk's Office FROM: Jerry Goehringer, ZBA Chairman DATE: "T2 aNi /., 4001 SUBJECT: Assignment of Project Number of /9g —A -y�7/---) According to the ZBA adopted rules of procedure, please assign Number z/Ng to the above-referenced new submission. While the documentation may not be in complete form, it is assigned a number for the purpose of commencing reviews. The documentation has not as of today been accepted as a complete file by the assigned member. A $SOD, check is attached (which is required by your office for assignment of a roject number). This number was assigned by our office on _t//,Z fl/ . (Projects are assigned chronologically.) Thank you. Attachment t cc 7 a E i(? IECEIVED AND FILED BY THE �.�,--r-r ;•� TOWN � f�•r ::, £vJ�I_OLD a O Cc,N CLE?JC DATE 3//3/O/ r:inn /.'00/711/, 0 r / / r C2 '.;31:. LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, OCTOBER 17, 2002 PUBLIC HEARING NOTICE is HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following public hearing will be held before the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971, on Thursday, October 17, 2002, at the time noted below (or as soon thereafter as possible): 7:20 p.m. Appl. No. 4942 - BREEZY SOUND CORP. This is a request for a Special Exception under Section 100-60B(4), for permission to establish new 68-unit motel with motel office, pool house for motel guests, and motel- manager's apartment, on 7.13 total acres in this Resort-Residential (RR) Zone District. Location of Property: North Side of C.R. 48 (a/k/a North Road) (opposite San Simeon Nursing Home), Greenport; Parcel 45-01-2.1. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular Town Hall business days from (8:00 a.m. to 3:00 p.m.). If you have questions, please do not hesitate to call (631) 765-1809. Dated: September 25, 2002. Southold Town Board of Appeals 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 (tel. 631-765-1809) l , ‘ s. .. ! ' 2,/O/ C�^�' 1/ -4/ •a * /L- 36,-ten_ �' _ = SOWN OF SOUTHOLD, NEW YORK yam® -- ' % APPLICATION FOR SPECIAL- EXCEPTION Application No. qq� -:1,,p,, Date Filed,: TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: rvl I (We) , Breezy Sound Corp. of 38 Oak Street (Residence, House N'o. and Street) ! i Patchogue, New York 11772 (Hamlet, State, Zip Code, Telephone Number) hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLE VI , SECTION 100-60 B (4) , titUftilF and 100-263 for the below-described property for the following uses and purposes (and! as shown on the attached plan drawn to scale): Special Exception to construct 68 Resort Motei, with kitchenettes and Manager's unit with Kitchen, in compliance with the Southold Town Code and as shown on site plan s i 1 11/4 1 1 • A. Statement of Ownership and Interest. / Breezy Sound Corp. is(are) the owner(s) of ' property known and referred to as Breezy Sound, north side of County Road 48, Greenport (House No. , Street, Hamlet) ' SCTM# 1000-045-01-2.1 identified on the Suffolk County Tax Maps as District 1000-, Stiction U45 , Block 01 , Lot(s) 2.1 , which is not (*N) on a subdivision Map (Filed , "Map of " Filed Map No. , and has been approved 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: see attached • Resort Residential(RR) J C. The property which is the subject of this application is zoned and [ ] is consistent with the use(s) described in the Certificate of Occupancy being furnished herewith. 1 [ ] is not consistent with the Certificate of Occupancy being furnished herewith for the following reason(s) : 1 [ X] iS vacant land. with foundations from previous approval on 11/2/89 and building I COUNTY OF SUFFOLK) perm't "7 STATE OF NEW YORK) ss. : 417-4-6Cie144 6Tr'z /n'r� - . - -<-, e_.%/ 4C____________- F 7'r SSignattire) ' r� Sworn to before me this / - day of /17/1-2c...4.-/ , 1-9--Z4-0c2 / I (v4ra ad Vv York 1 tary bllc) _ "` ` r ',C`v;=rKd � x82543 MARC." Quaimed in Suffolk County 1 ZB2 (rev. 2/ /86) Notary P No.1�98282 528 Jr New York Commission June 3, No.� Qua'!i d inSuffolk Counq► p 0 i Comms cion E,.t,1raS June 3, • C. The property which is the subject of this application is zoned RR [ ] is consistent with the use(s) described in the Certificate of Occupancy being furnished herewith. 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COUNTY OF SUFFOLK E a1N l 'W'' toTx PF SOUTHOLD C=TION NO _ -�-- RIM O rSalm 10 100 LlABNTENANCE,MERLIN,SUE OR C Real Property Tax Service Agency Y �� ]}1 D 44470.lel 164 - 0.N 06.,0, O hhr PPM 114 -- -- Ee14r1d0e1M 1b-451-- /�/�rr� fA51REllrpl .NT P011I83!6 t10: YLIALE- Q 4 J N Sv,m v '".,--.^.., 144a Pam, N. 441714 •--- Lvl MOM l to -- -- ....re DAV fl.--A-- !ort N Mr s7 81Ma7 County Center Riverhead,N Y 11901 1 76 .,� WARS 817055£ 1}T TAX MAP P:PRWIBIrEO M a 1 D va41lxc smn 27 7,r xn 124 Alm 4r 12.1,4]�u. I.10,I.M W4 -- -- h0..el.MrM 114-0,---- ,,VPPURS 17[0,414IMMRFAL PROPERTYETAX 54A91Y AGENCY SU1E N 9EEI, 7-----..----.P1*>0P Py y] MTS IU 1000 PROPERTY MAP 9nwl.4l 12.1 A(41 �1ti ----- Taw 410 1114 --5-- 701MRS011 DATE,w 3/3-%.-- / '-d 4/, d 1�a I�ae � _VA.S' v, s 14 • I 'Hswslou 13-06-96 i SEE SEC W.033UNE A .. 4, :-• _ k SEE 5E0.140: 031-01-001 t ir 'ice f 1 t !� ytaa 11"#:* aA" y 9? 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""'n la. __ __- Ot" °"" o. :s ' NonCE © COUNTY OF SUFFOLKto SEcnoN No£ ,1;. - - ziialwiii —_ �,.et — — '� mTw O SOUTHOLDK `aiiiia , �. �� ...E� Real Property Tax Service Agency rr a�+. --i"aws' — -- - �TI®IIrNQ,A rQ111WOr 11E Y m . nan ; - - ,;mrm1. ,x _6.E^aB1m� County Canter Rivar{Tead,N T 13901 zoof PLANNINGB� C D MEMBERS //N `� ,10`' � ✓' �� P.O. Box 1179 .\\,9/ BENNETT ORLOWSKI,JR. 1�_ '�J, Chairman o :c Town Hall, 53095 State Route 25 WILLIAM •J.CREMERS •• • Southold, New York 11971-0959 KENNETH L EDWARDS O • I Telephone(631) 765-1938 • ` S* 0 , Fax(631) 765-3136 RICHARD CAGGIANO 11•11/ /'►�1/L¢ -, gh,orQ,Tie, a ,i11 PLANNING BOARD OFFICE TOWN OF SOUTHOLD L' JUL 0, 2 litf; State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination Non-Significant July 8, 2002 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Planning Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Proposed site plan for Breezy Sound Corp. SCTM#: 1000-45-1-2.1 Location: 61475 CR 48, Greenport SEQR Status: Type I ( ) Unlisted (X) Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: To construct a 68 unit motel in 5 buildings, plus a pool house, office, and manager's apartment on 7.13 acres adjacent to the Long Island Sound in an RR Zone. Reasons Supporting This Determination: An Environmental Assessment Form has been submitted and reviewed, and it was determined that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. There has not been any correspondence received from the Department of Health Services Office in the allotted time. Therefore, it is assumed that there are no comments or objections from that agency. K SEQR Negative Declaration - Page Two There has not been any correspondence received from the New York State Department of Environmental Conservation in the allotted time. Therefore, it is assumed that there are no comments or objections from that agency. The applicant will have to comply with the requirements of the Suffolk County Sanitary Code (SCSC) and all relevant standards of water supply and sewage disposal systems. Design and flow specification, subsurface soil conditions and site plan details will have to be approved by the Suffolk County Department of Health Services (SCDHS). This impact is not considered significant due to the anticipated project compliance with established requirements of the SCSC and the SCDHS and the required relevant permits. For Further Information: Contact Person: Victor L'Eplattenier Address: Planning Board Telephone Number: (631)765-1938 cc: Roger Evans, DEC Stony Brook Suffolk County Dept. of Health Suffolk County Planning Commission Suffolk County Water Authority NYS Dept. of Transportation Elizabeth Neville, Town Clerk Zoning Board of Appeals Building Department Applicant Page 98 January 16, 2003 ' Southold Town Board of Appeals Regular Meeting Public Hearing MR. KELLY: The code for a lot less than 40,000 or 20,000 sq. ft. is set at 40,but then there's a section in the code that also reads that any plot plan subdivision that's been-established after 1957 allows it to go back to what the setback was at the time of that. And when I did mine I researched and I found that 35'was what was allowed at the time that subdivision was done. It's pretty much without question, 35'would be allowed. Anything beyond 35' I would definitely be opposed to. I've built 2 houses on that street and I've lived on that street for 17 years, and incidentally both houses that I built I had to deal with wetland issues and front yard variances and I've always referred back to the 35'rule and everybody in that neighborhood has as well. There's not one house built in that neighborhood after 1968 when the subdivision was done that's less than 35'. CHARWOMAN: Thank you very much. Is there anyone else in the audience who would like to speak for or against the application? KEN POLIWODA: Yes, I'm Ken Poliwoda, I live on lot 59 directly across from this property and I make a request to this board that you limit the 40' from the front yard setback and I don't have so much a problem with the 5' addition porch to make it 35'which would be in line with the rest of the homes in the neighborhood. If they should be seeking a variance, it's possible through the Trustees as well as the DEC. I realize that lot 57, Bill's he has a 35' setback from the wetlands, it's not a pristine wetlands at all. It's a swamp. I'm very strict with tidal wetlands and I believe in 50' should be maintained from tidal wetlands,however, this doesn't even hold water 6 months of the year. I'd really appreciate maintaining the characteristic of this neighborhood, hold 40' allow a 5'porch. Thank you. CHAIRWOMAN: Anyone else? Okay you will come back to us with a revised plan and 5 copies of the Trustee approval. You will be back to us on February, 6th at 7:10 pm. Thank you very much. I'll make a motion adjourning the hearing. ***** 9:23 p.m. Appl. No. 4942 - BREEZY SOUND SHORES. (Continued Hearing) Request for a Special Exception under Section 100-60B(4), for permission to establish new 68-unit motel with motel office, pool house for motel guests, and motel-manager's apartment, on 7.13 total acres in this Resort-Residential (RR) Zone District. Location of Property: North Side of C.R. 48 (a/k/a North Road) (opposite San Simeon Nursing Home), Greenport; Parcel 45-01-2.1. PATRICIA MOORE, ESQ: It's no longer morning. I'm sure everyone is tired. This is an application that you are very familiar with. You have seen it this is the second, at least the second time around and for some of you, Jerry at least that was on the board in the 80's it's probably the fifth time around that he's reviewed this. We are at a point where we have, let me step back. In the time since our last hearing, we have actually settled with the water authority and actually have water settlement which I'll submit to the board. So we have the public water. The special permit as you know the criteria are that this is a permitted use subject to conditions. The conditions that this special permit maintains is the minimum parcel size is we have 7 acres, Page 98 of 128 Page 99 January 16, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing the number of guest units is based on the water and the sewer. We have water, sewer, we have a choice at this time. We have a letter, actually it came in very late. We have been negotiating with the village, they've been negotiating for years, I came on and was dealing with Mr. Kron and he had promised me a letter or something evidencing that it was being resolved, that the litigation dealing with the sewer because they had given, Mr. Tedaldi had,actually paid into connection to sewer paid into the water and nobody was giving him any credits for those payments and that led to litigation which ultimately has been settled. The water will credit him a certain amount for what he's paid in the past, sewer doesn't credit, I'm sorry, not at all and they are charging 11 thousand per unit. Given that it's almost with construction everything, it's about 1 million dollars just to connect to Greenport sewer. We are considering alternatives which is the chromoglass system and it's a community system considered by the health department the equivalent of the sewer connection. But for the record, I have sewer availability as well so that you can have both assured this project is subject to health department approval. One of the-we will connect to one or the other, either the Greenport sewer system or a self-contained system that is approved by the health department. Both meet the criteria of the conditions for the special permit. The third condition is no music, entertainment, loudspeaker systems. There is no entertainment here on this property. It is a resort motel with a pool. That's it. We can certainly live by that type of condition. The final criteria is that the unit shall be 600 sq. ft. to remind you he's got a building permit with the exact same plan in 1989 the building department reviewed it. The town agencies reviewed it. It meets the 600 sq. ft. criteria. We are using the same design scheme- it meets the 600 sq. ft. criteria. This was an issue that was resolved and addressed through the SEQRA process because as you recall the Planning Board is the lead agency. The Planning Board through Chic Voorhis had us do a supplemental environmental review addressing concerns from the past as well as any new concerns. The Planning Board reviewed the site plan in it's final form and what remains in that approval process is this board's special permit with kitchenettes. You are the last piece of the puzzle before the Planning Board can act on the site plan. Let me give you the 2 letters for your records. The sewer letter is not signed because the Village of Greenport sent me a stipulation a contract that says you pay 750,000, we'll send you this letter. I said we're not paying you anything until you know we have all our approvals at the minimum. I've used the letter as an example that we have the ability to settle. We will have sewer as a back up to the Health Department. CHAIRWOMAN: One of the things we have left off, it seems like a month ago. You were going to give us a flyer from the - MS. MOORE: We sent that, you don't have it? That was sent within a week after your request. I don't know that I brought it with me because it's already in your file. It was from the Hermitage and I actually sent you the brochure with a letter of description and the Hermitage shows units with full kitchens, dining rooms, it's a much larger facility,but maintained in the same way that this facility will be maintained. MEMBER ORLANDO: Was it a tri-fold? MS. MOORE: Yes, as I recall it was a tri-fold. Page 99 of 128 Page 100 January 16, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing BOARD SECRETARY KOWALSKI: I don't recall getting it, it's not in the file. MS. MOORE: I can't imagine where it is, I hand deliver things usually. I'll get it again, I have a copy in my file,my file, given what I had to carry today, I couldn't bring my whole file. CHAIRWOMAN: We wanted to get a clarification on units themselves. The capability into separating them into two units. We want to- MS. MOORE: Well in my letter, unfortunately, my letter says that we will covenant or we will agree that no unit will be rented separately from, rather than as a whole unit. I have the plans actually with respect to square footage, I had sent that to you as well in that same letter. Three pieces of exhibits came with that letter to you,but I have here the architect or somebody highlighted for us, let me just take one and pass it around. To begin this is the same plan where they got a building permit in'89 you are looking at a center unit and an end unit. The yellow being at least on my sheet, the drawing that's on a horizontal design has the end unit and then the central unit. There is a door if you look at the unit that shows in pink straight on 12' or " by 10. I think that's the only door that would give access to the hallway. It was recommended I think that door was put on there for emergency egress as well to assure anybody getting out in the event of fire. I think it's best to covenant that we won't rent the units independently then to eliminate a door for safety purposes, but we could certainly, I mean that's up to you. We could eliminate that door, it's not a structural change to the design. CHAIRWOMAN: So the pink ones are essentially two bedrooms 14x14, six living rooms, 2 baths and an open kitchen. MS. MOORE: Right. It's pretty condensed. The Hermitage I believe when they find the paperwork is large kitchen, dining room, living area. KEN TEDALDI: Ken Tedaldi, it's probably close to 750-800 sq. ft. These are approximately 550-575, I think if you look on the bottom you will see that. MS. MOORE: They range handicap vs. center units,but they all range under 600. CHAIRWOMAN: Essentially you are proposing to offer the units for sale. Correct? The units will be sold- MS. MOORE: Correct. CHAIRWOMAN: They are going to be sold for people to use on a seasonal basis. Are they also going to be subleted? MS. MOORE: It's an investment property that the person as I understand the covenants would be you buy this unit, you have a right just like anyone else to use it for two weeks maximum I think and then the rest of the time it's in the rental pool to be used as a motel. People don't buy it as a second home, they buy it purely as an investment property. Page 100 of 128 Page 101 January 16, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing MEMBER OLIVA: It's like a time share. MS. MOORE: Yes,New York doesn't really have time shares because it's difficult through the AG's office creation. Other states are much easier in creating time shares,°but it's very similar. MEMBER OLIVA: I'd be interested in having the Planning Board's comments. MS. MOORE: It's gotten full site plan review and it's gotten SEQRA review through- MEMBER OLIVA: But we haven't received any comments, I'd like to hear what they have to say about it. MS. MOORE: But it came from them. It came through a coordinated review through them. The problem is we keep going back and forth between the two agencies and nobody makes a decision. MS. OLIVA: I just want a letter. I don't want this whole thing blown up. I just'want a letter of what their concerns were and what they would like to see. MS. MOORE: You can ask for anything you'd like,however, that was all addressed in the SEQRA process and that all came from the Planning Board and let me assure you every concern they had was put into the SEQRA document. The concerns were from the beginning setback of the bluff, where that line was because the line had deviated so much since the 80's, so we went back and did a whole environmental with Chic Voorhis, we addressed the line and where the setback was,parking, drainage. We got a wetland permit from the kettle hole that had created over time. That too was addressed and through the Trustees, you know the permit from the Trustees but it came through the Planning Dept. with respect to the whole plan. MR. TEDALDI: That's on file I think you just go over down the hall and make copies. MS. MOORE: It was a very through review, we came to you at the tail end of the project and most importantly when it first came to you in the 80's you had said go to the Planning Board to get approval for the kitchenettes, not you per say,but the zoning board at the time which is why we ended up going to the planning board because the site plan review had not addressed kitchenettes as an issue so that's why we went over there addressed kitchenettes the SEQRA review the kitchenette is not considered a sanitary flow issue, it's a very minor use for health department reasons it's a small deviation from it's original submission. I hate to see this project delayed any further because now we are on time frames. Trustees have given us a permit,we don't want to have to get extensions of permits there's a moratorium and we are delaying the process even further. If you have any concerns you can look at the Planning Board file or I'll share anything I have in my file with you and we are really at the end. And as I said, the Planning Board looked at it first. J Page 101 of 128 Page 102 January 16, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing MR. TEDALDI: Seems to me you people should have seen it first,right? It doesn't work that way because for some reason we did all our work, all the engineering- MEMBER OLIVA: We need to co-ordinate, in other word I'd like to see what the Trustees had to say, what the Planning Board had to say, and have it all - MS. MOORE: I think it's already in your file. The Trustees permit's in the file, the Trustee permit's for the wetlands is in the file and the Planning Board the SEQRA negative desk was sent to you to get to this point, maybe 8 months ago. We've been waiting to get to this point, it was in the summer when the Trustees finally gave us the approval and that was after the SEQRA review was done so we've been at this some time. CHAIRWOMAN: Mr. Orlando. MEMBER ORLANDO: Are we still going with closed from December to March? MR. TEDALDI: Yes. From January, February, March,we'll just close it down. MEMBER ORLANDO: Are you opposed to covenant restrictions? MR. TEDALDI: Not at all. MEMBER ORLANDO: Oh, you are. MR. TEDALDI: No, we are not opposed. MEMBER ORLANDO: For some conditions, not to subdivide- divide up the units. MS. MOORE: I think I gave you the language in my letter which was we will rent the units as a whole rather than partition. MR. TEDALDI: The owners really have no say. They just own the unit as an investment, it's run as a resort, they'll have a manager. If the unit's not rented for that week, it's not rented. MEMBER ORLANDO: The manager just needs to be educated on covenant restrictions. MR. TEDALDI: He is. CHAIRWOMAN: Are you talking about the letter that we don't have? MS. MOORE: Yes the letter I don't know where it is. I'll go back and copy it. CHAIRWOMAN: Copy the letter, while you are doing that if you could when we look at this we can bullet that it will be open, closed, XYZ, and put them in the form of conditions if the board is inclined to look favorably on this application. Page 102 of 128 Page 103 January 16, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing MS. MOORE: Just so I don't miss any, I'm sorry. CHAIRWOMAN: I don't know if it would be C&R's. If it would be C&R's or if it would be conditions. MS. MOORE: I think it would be a condition of the special permit. That's how I would expect it to be. CHAIRWOMAN: I just want to get the facts. Jerry. MEMBER GOEHRINGER: No questions, Lydia. CHAIRWOMAN: Is there anyone else in the audience who would like to speak for or against the application? BYRON CABBOTT: My name is Byron Cabbott. I own the property that's on the western border of this property. I have a general statement that I'd like to read in front of the board. Although there are specific issues that need to be addressed, for example the use and the configuration of the basement potentially designed as additional units are expanded accommodations. The location of the pool which is along our property line and the consequenting noise and lights which may interfere with our natural enjoyment of our properties parking, sewage, etc. The fundamental question is whether a time sharing real estate investment vehicle with kitchenettes should be permitted on the north fork. Of all the uses of this property whether it be houses, condominiums or a conventional motel, this use is the most devastating both environmentally and to the community at large. Such a real estate investment structure would permit encourage groups of individuals whether they be families, couples or friends to use these units as an economically convenient base from which to invade and crowd all the facilities which our community has to offer. It's beaches, parks, libraries,medical and police services with limited responsibility, actually just of a financial responsibility for the community at large. By it's very nature, the goal of time sharing is to provide it's investors and/or users with maximum rental income at all times which leads to overcrowding. One individual or one investor who has a 2-week slot and I realize they have covenants that try to control these things,but these are very difficult instruments to control and they rely on the integrity of the management. For one individual to conceivably rent one of these units for a 2-week slot and invite his 3 or 4 friends to share the rent with him and they could use that as a base. Because this isn't Florida they wouldn't be flying to one of these units, they'd be driving, you'd have additional parking problems. It should be kept in mind that at the height of this season as many as 272 people that's 4 people per unit may be occupying a 7 acre lot with 300+' of beachfront. In addition to the inherent detrimental characteristics of time sharing such units would be grossly unfair to the existing motels without kitchenettes and would put pressure on them to convert to a time sharing format. It would also be unfair to the local real estate interest and the summer rental market since 68 units available for 2-week periods amount to 1224 rentals which would weaken the market for local residents and realtors who supplement their income through periodic summer rentals making it more difficult for them to afford to live on the north fork. Finally time sharing would Page 103 of 128 Page 104 January 16, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing do little if anything to solve the real need of the community to provide a place to stay overnight for the weekend visitor and it would invite by example other developers to propose similar schemes compounding the problem. For these reasons, time sharing should not be permitted on the north fork. Another alternatives alternative is pursued. Whether it be condominiums or houses or a conventional motel. CHAIRWOMAN: Thank you very much. Do you have anything further? MS. MOORE: No I don't unless you have questions. CHAIRWOMAN: Just re-submit that letter with the south fork information and bullet what we've discussed as potential conditions. Is there anyone else in the audience who would like to speak for or against the application? Seeing no hands,I'll make a motion closing the hearing reserving decision until later. PLEASE SEE MINUTES FOR RESOLUTION ***** 4:40 pm Appl No. 5222-ROBERT & BARBARA HOLLEY. This is a request for a variance under section 33C,based on the Building Department's August 28, 2002 Notice of Disapproval for construction of an accessory garage with a front yard setback at less than 40'. Location of property: 1805 Bay Shore Rd., Greenport 53-3-13.1. CHAIRWOMAN: Is someone here who would like to speak on behalf of the application? ED WILLIAMS, BLDR: My name is Ed Williams,builder. I'm the proposed builder of the proposed garage,but Bruce Anderson was the consultant handling the thing. MEMBER GOEHRINGER: He was out in the hall before, Ed. MR. WILLIAMS: He was? I didn't see Bruce. CHAIRWOMAN: Let's go to Ms. Gallagher. Why don't you try to find Bruce, in the meantime, we'll go to Eileen Gallagher. ***** 4:41 pm Appl No. 5244- EILEEN GALLAGHER. This is a request for a variance under section 31B(13) to establish a proposed Accessory Apartment in conjunction with the owner's residence, at 1575 Minnehaha Blvd. Southold 87-3-51. EILEEN GALLAGHER: Hello, I'm Eileen Gallagher and I'm here to request permission to put an accessory apartment in my residence. CHAIRWOMAN: This is a one bedroom apartment over an existing garage? Page 104 of 128 APPEALS BOARD MEMBERS /I'll'SOFFOL,�-C' %4 1-.• ®py Southold Town Hall 1 Lydia A. Tortora, Chairwoman c 53095 Main Road Gerard P. Goehringer ; et, z ; P.O. Box 1179 George Horning ".19 4$ Southold,New York 11971-0959 Ruth D. Oliva = ZBA Fax(631) 765-9064 Vincent Orlando -------,,,,,,i'�'' Telephone(631)765-1809 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD February 26, 2003 Fax 765-4643 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re. Appl. No. 4942 - Breezy Sound Shores Dear Mrs. Moore: This is sent as a follow-up for Covenants and Restrictions discussed at the January 16, 2003 public hearing When possible, please furnish our department with seven copies for consideration. Thank you. Sincerely yours, Act/ez_ , J a) Lydia A. Tortora Chairwoman '"i L „70.1 Oh 6-ed-14t.. ne--14.4.-adi E.PX) APIS ,ic_..., ad/t.12-i-bt-t--"e"-.01 yr q,i�0 - ` �• a42.4., Amfe Cali g: : Ar; fi)ocrau TRANSMISSION VERIFICATION REPORT;'- •' F 2_: TIME : 02/27/2003 15:15 DATE,TIME 02/27 15:15 FAX NO./NAME 7654643 DURATION 00:00:35 PAGE(S) 01 RESULT OK MODE STANDARD ECM Yom ' Page 4 January 16, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing \MR. KELLY: Yes. MEMBER GOEHRINGER: What was your setback? MR\LLY: 35'. CHAIRW• . AN: The code is 40 in the area? MR. KELLY: 'q e code for a lot less than 40,000 or 20,000 sq. ft. is set at 40, but then there's a section in the code hat also reads that any plot plan subdivision that's been established after 1957 allows it to go '6.ck to what the setback was at the time of that. And when I did mine I researched and I found at 35' was what was allowed at the time that subdivision was done. It's pretty much without que .'on, 35' would be allowed. Anything beyond 35' I would definitely be opposed to. I've built 2 ho ,es on that street and I've lived on that street for 17 years, and incidentally both houses that built I had to deal with wetland issues and front yard variances and I've always referred back to e 35'rule and everybody in that neighborhood has as well. There's not one house built in that I eighborhood after 1968 when the subdivision was done that's less than 35'. CHAIRWOMAN: Thank you very muc. Is there anyone else in the audience who would like to speak for or against the application? KEN POLIWODA: Yes, I'm Ken Poliwoda, I h e on lot 59 directly across from this property and I make a request to this board that you limit the 40' from the front yard setback and I don't have so much a problem with the 5' addition porch to I ake it 35'which would be in line with the rest of the homes in the neighborhood. If they should b. seeking a variance, it's possible through the Trustees as well as the DEC. I realize that lot 57, Bill • he has a 35' setback from the wetlands, it's not a pristine wetlands at all. It's a swamp. I' very strict with tidal wetlands and I believe in 50' should be maintained from tidal wetlands, howe :r, this doesn't even hold water 6 months of the year. I'd really appreciate maintaining the characte ' tic of this neighborhood, hold 40' allow a 5'porch. Thank you. CHAIRWOMAN: Anyone else? Okay you will come back to us with a -vised plan and 5 copies of the Trustee approval. You will be back to us on February, 6th at . 0 pm. Thank you very much. I'll make a motion adjourning the hearing. ***** 9:23 p.m. Appl. No. 4942 - BREEZY SOUND SHORES. Request for a Special Exception under Section 100-60B(4), for permission to establish new 68-unit motel with motel office, pool house for motel guests, and motel-manager's apartment, on 7.13 total acres in this Resort- Residential (RR) Zone District. Location of Property: North Side of C.R. 48 (a/k/a North Road) (opposite San Simeon Nursing Home), Greenport; Parcel 45-01-2.1. Page 5 January 16, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing PATRICIA MOORE, ESQ: It's no longer morning. I'm sure everyone is tired. This is an application that you are very familiar with. You have seen it this is the second, at least the second time around and for some of you, Jerry at least that was on the board in the 80's it's probably the fifth time around that he's reviewed this. We are at a point where we have, let me step back. In the time since our last hearing, we have actually settled with the water authority and actually have water settlement which I'll submit to the board. So we have the public water. The special permit as you know the criteria are that this is a permitted use subject to conditions. The conditions that this special permit maintains is the minimum parcel size is we have 7 acres, the number of guest units is based on the water and the sewer. We have water, sewer, we have a choice at this time. We have a letter, actually it came in very late. We have been negotiating with the village,they've been negotiating for years, I came on and was dealing with Mr. Kron and he had promised me a letter or something evidencing that it was being resolved, that the litigation dealing with the sewer because they had given,Mr. Tedaldi had actually paid into connection to sewer paid into the water and nobody was giving him any credits for those payments and that led to litigation which ultimately has been settled. The water will credit him a certain amount for what he's paid in the past, sewer doesn't credit, I'm sorry, not at all and they are charging 11 thousand per unit. Given that it's almost with construction everything, it's about 1 million dollars just to connect to Greenport sewer. We are considering alternatives which is the chromoglass system and it's a community system considered by the health department the equivalent of the sewer connection. But for the record, I have sewer availability as well so that you can have both assured this project is subject to health department approval. One of the-we will connect to one or the other, either the Greenport sewer system or a self-contained system that is approved by the health department. Both meet the criteria of the conditions for the special permit. The third condition is no music, entertainment, loudspeaker systems. There is no entertainment here on this property. It is a resort motel with a pool. That's it. We can certainly live by that type of condition. The final criteria is that the unit shall be 600 sq. ft. to remind you he's got a building permit with the exact same plan in 1989 the building department reviewed it. The town agencies reviewed it. It meets the 600 sq. ft. criteria. We are using the same design scheme - it meets the 600 sq. ft. criteria. This was an issue that was resolved and addressed through the SEQRA process because as you recall the Planning Board is the lead agency. The Planning Board through Chic Voorhis had us do a supplemental environmental review addressing concerns from the past as well as any new concerns. The Planning Board reviewed the site plan in it's final form and what remains in that approval process is this board's special peiinit with kitchenettes. You are the last piece of the puzzle before the Planning Board can act on the site plan. Let me give you the 2 letters for your records. The sewer letter is not signed because the Village of Greenport sent me a stipulation a contract that says you pay 750,000, we'll send you this letter. I said we're not paying you anything until you know we have all our approvals at the minimum. I've used the letter as an example that we have the ability to settle. We will have sewer as a back up to the Health Department. CHAIRWOMAN: One of the things we have left off, it seems like a month ago. You were going to give us a flyer from the- MS. MOORE: We sent that, you don't have it? That was sent within a week after your request. I don't know that I brought it with me because it's already in your file. It was from the Page 6 January 16, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing Hermitage and I actually sent you the brochure with a letter of description and the Hermitage shows units with full kitchens, dining rooms, it's a much larger facility,but maintained in the same way that this facility will be maintained. MEMBER ORLANDO: Was it a tri-fold? MS. MOORE: Yes, as I recall it was a tri-fold. ©off BOARD SECRETARY KOWALSKI: I don't recall getting it, it's not in the file.,, SW MS. MOORE: I can't imagine where it is, I hand deliver things usually. I'll get it again, I have a copy in my file,my file, given what I had to carry today, I couldn't bring my whole file. CHAIRWOMAN: We wanted to get a clarification on units themselves. The capability into separating them into two units. We want to- MS. MOORE: Well in my letter, unfortunately, my letter says that we will covenant or we will agree that no unit will be rented separately from, rather than as a whole unit. I have the plans actually with respect to square footage, I had sent that to you as well in that same letter. Three pieces of exhibits came with that letter to you,but I have here the architect or somebody highlighted for us, let me just take one and pass it around. To begin this is the same plan where they got a building permit in'89 you are looking at a center unit and an end unit. The yellow being at least on my sheet, the drawing that's on a horizontal design has the end unit and then the central unit. There is a door if you look at the unit that shows in pink straight on 12' or "by 10. I think that's the only door that would give access to the hallway. It was recommended I think that door was put on there for emergency egress as well to assure anybody getting out in the event of fire. I think it's best to covenant that we won't rent the units independently then to eliminate a door for safety purposes,but we could certainly, I mean that's up to you. We could eliminate that door, it's not a structural change to the design. CHAIRWOMAN: So the pink ones are essentially two bedrooms 14x14, six living rooms, 2 baths and an open kitchen. MS. MOORE: Right. It's pretty condensed. The Hermitage I believe when they find the paperwork is large kitchen, dining room, living area. KEN TEDALDI: Ken Tedaldi, it's probably close to 750-800 sq. ft. These are approximately 550-575, I think if you look on the bottom you will see that. MS. MOORE: They range handicap vs. center units,but they all range under 600. CHAIRWOMAN: Essentially you are proposing to offer the units for sale. Correct? The units will be sold- MS. MOORE: Correct. Page 7 January 16, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing CHAIRWOMAN: They are going to be sold for people to use on a seasonal basis. Are they also going to be subleted? MS. MOORE: It's an investment property that the person as I understand the covenants would be you buy this unit, you have a right just like anyone else to use it for two weeks maximum I think and then the rest of the time it's in the rental pool to be used as a motel. People don't buy it as a second home, they buy it purely as an investment property. MEMBER OLIVA: It's like a time share. MS. MOORE: Yes,New York doesn't really have time shares because it's difficult through the AG's office creation. Other states are much easier in creating time shares,but it's very similar. MEMBER OLIVA: I'd be interested in having the Planning Board's comments. MS. MOORE: It's gotten full site plan review and it's gotten SEQRA review through- MEMBER OLIVA: But we haven't received any comments, I'd like to hear what they have to say about it. MS. MOORE: But it came from them. It came through a coordinated review through them. The problem is we keep going back and forth between the two agencies and nobody makes a decision. MS. OLIVA: I just want a letter. I don't want this whole thing blown up. I just want a letter of what their concerns were and what they would like to see. MS. MOORE: You can ask for anything you'd like,however, that was all addressed in the SEQRA process and that all came from the Planning Board and let me assure you every concern they had was put into the SEQRA document. The concerns were from the beginning setback of the bluff, where that line was because the line had deviated so much since the 80's, so we went back and did a whole environmental with Chic Voorhis, we addressed the line and where the setback was,parking, drainage. We got a wetland permit from the kettle hole that had created over time. That too was addressed and through the Trustees, you know the permit from the Trustees but it came through the Planning Dept. with respect to the whole plan. MR. TEDALDI: That's on file I think you just go over down the hall and make copies. MS. MOORE: It was a very through review, we came to you at the tail end of the project and most importantly when it first came to you in the 80's you had said go to the Planning Board to get approval for the kitchenettes, not you per say, but the zoning board at the time which is why we ended up going to the planning board because the site plan review had not addressed kitchenettes as an issue so that's why we went over there addressed kitchenettes the SEQRA review the kitchenette is not considered a sanitary flow issue, it's a very minor use for health t ' 1 Page 8 January 16,2003 Southold Town Board of Appeals Regular Meeting Public Hearing department reasons it's a small deviation from it's original submission. I hate to see this project delayed any further because now we are on time frames. Trustees have given us a permit,we don't want to have to get extensions of permits there's a moratorium and we are delaying the process even further. If you have any concerns you can look at the Planning Board file or I'll share anything I have in my file with you and we are really at the end. And as I said, the Planning Board looked at it first. MR. TEDALDI: Seems to me you people should have seen it first,right? It doesn't work that way because for some reason we did all our work, all the engineering- MEMBER OLIVA: We need to co-ordinate, in other word I'd like to see what the Trustees had to say, what the Planning Board had to say, and have it all- MS. MOORE: I think it's already in your file. The Trustees permit's in the file, the Trustee permit's for the wetlands is in the file and the Planning Board the SEQRA negative desk was sent to you to get to this point,maybe 8 months ago. We've been waiting to get to this point, it was in the summer when the Trustees finally gave us the approval and that was after the SEQRA review was done so we've been at this some time. CHAIRWOMAN: Mr. Orlando. MEMBER ORLANDO: Are we still going with closed from December to March? MR. TEDALDI: Yes. From January, February, March, we'll just close it down. MEMBER ORLANDO: Are you opposed to covenant restrictions? MR. TEDALDI: Not at all. MEMBER ORLANDO: Oh, you are. MR. TEDALDI: No, we are not opposed. MEMBER ORLANDO: For some conditions, not to subdivide - divide up the units. MS. MOORE: I think I gave you the language in my letter which was we will rent the units as a whole rather than partition. MR. TEDALDI: The owners really have no say. They just own the unit as an investment, it's run as a resort, they'll have a manager. If the unit's not rented for that week, it's not rented. MEMBER ORLANDO: The manager just needs to be educated on covenant restrictions. MR. TEDALDI: He is. 1 Page 9 January 16, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing CHAIRWOMAN: Are you talking about the letter that we don't have? MS. MOORE: Yes the letter I don't know where it is. I'll go back and copy it. CHAIRWOMAN: Copy the letter, while you are doing that if you could when we look at this we can bullet that it will be open, closed,XYZ, and put them in the form of conditions if the board is inclined to look favorably on this application. I MS. MOORE: Just so I don't miss any, I'm sorry. I CHAIRWOMAN: I don't know if it would be C&R's. If it would be C&R's or if it would be conditions. MS. MOORE: I think it would be a condition of the special permit. That's how I would expect it to be. I CHAIRWOMAN: I justi want to get the facts. Jerry. MEMBER GOEHRINGER: No questions, Lydia. CHAIRWOMAN: Is there anyone else in the audience who would like to speak for or against the application? j BYRON CABBOTT: My name is Byron Cabbott. I own the property that's on the western border of this property. I,have a general statement that I'd like to read in front of the board. Although there are specific issues that need to be addressed, for example the use and the configuration of the basement potentially designed as additional units are expanded accommodations. The location of the pool which is along our property line and the consequenting noise and lights which may interfere with our natural enjoyment of our properties parking, sewage, etc. The fundamental question is whether a time sharing real estate investment vehicle with kitchenettes should be permitted on the north fork. Of all the uses of this property whether it be houses, condominiums or a conventional motel, this use is the most devastating both environmentally and to the community at large. Such a real estate investment structure would permit encourage groups of individuals whether they be families, couples or friends to use these units as an economically convenient base from which to invade and crowd all the facilities which our community hasto offer. It's beaches,parks, libraries, medical and police services with limited responsibility, actually just of a financial responsibility for the community at large. By it's very nature, the goal of time sharing is to provide it's investors and/or users with maximum rental income at all times which leads to overcrowding. One individual or one investor who has a 2-week slot and I realize they have covenants that try to control these things,but these are very difficult instruments to control and they rely on the integrity of the management. For one individual to conceivably dent one of these units for a 2-week slot and invite his 3 or 4 friends to share the rent with him and they could use that as a base. Because this isn't Florida they wouldn't be flying to one of these units, they'd be driving, you'd have additional parking problems. It should be kept in mind that at the height of this season as many as 272 people that's 4 people per I I , Page 10 January 16, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing unit may be occupying a 7 acre lot with 300+' of beachfront. In addition to the inherent detrimental characteristics of time sharing such units would be grossly unfair to the existing motels without kitchenettes and would put pressure on them to convert to a time sharing format. It would also be unfair to the local real estate interest and the summer rental market since 68 units available for 2-we�lek periods amount to 1224 rentals which would weaken the market for - local residents and realt'ors who supplement their income through periodic summer rentals making it more difficult for them to afford to live on the north fork. Finally time sharing would do little if anything to solve the real need of the community to provide a place to stay overnight for the weekend visitor and it would invite by example other developers to propose similar schemes compounding the problem. For these reasons, time sharing should not be permitted on the north fork. Anotherlalternatives alternative is pursued. Whether it be condominiums or houses or a conventional motel. CHAIRWOMAN: Thank you very much. Do you have anything further? MS. MOORE: No I don't unless you have questions. Il CHAIRWOMAN: Just ie-submit that letter with the south fork information and bullet what we've discussed as potential conditions. Is there anyone else in the audience who would like to speak for or against the application? Seeing no hands, I'll make a motion closing the hearing reserving decision until later. PLEASE SEE MINUTES FOR RESOLUTION ***** II c::\_ ',t L/ t,2-16v" I • nLEG'A(L'�*NOT�(hC�E� _ ' '_,•- ( 1 H '.�. f ,. ,4,1 • STATE OF NEW YORK) • . -s-NO`oISe ti H2 7 oft•GNEN;-piir- ... .. $VFFQLIC) snd toi ,;' -100�(�oning�;Codgo�;the.;; -�, dik 11 14 ja.,. , , : county, being duly sworn, says tha a t tip ' 1 i 74:Z , ` Principal clerk of THE SUFFOLK TIMES, -' - , P -_at Town lalf 5 s newspaper, published -at Mattituck, in the 1vlain Road• ,Soiitlidld,NewYock 1;11, Southold, County of Suffolk and State of N ra Thursday, January 1r6,2003,igth..,, --times•noted below(or as soo i thereafter;,' and that the Notice of which the annexed is a ` 2:35 p.m.Appl No.5231 1 Nancy R. copy, has been regularly published in said News Ross and Others.This is a request for a once each week for weeks sot. Variance under Section 00-244B, sively, commencingon the �/ based on the Building Department's y djZ i September 19, 2002 Notice of of ��� 20�.2� • • • Disapproval concerning a proposed new - dwelling, after demolition of the exist- - ing building,with a front yard and rear • yards at less than 35 feet,less\than 10 ft rincipal Clerk on one side yard,and less than 35 feet for total side yards..Location of . /� • . • {{ Property: 3350 (Town House #115) Sworn to def re me this l . • ' • • \ •Park Avenue, Mattituek;'Parcel 1000- • D ZO D 123-8-22.2. I day of :l^ G 2:40 p.m. 5265Ap - North t a—,t(.GC Fork Bank/ Suffffoo lk I County i 2 lQq Development Agency.This is a request LAURA E. BONDARCHUK for a Variance under Section 100-103C , based on the Octobei 22,2002\Notice of Notary Public, State of New York Disapproval to construct additions and, No 01606067958 alterations to an existing no iaiiiiorni= Qualified in Suffolk CountyOg ing building.The proposed total linear My Commission Expires Dec.24, 20._ frontage following the proposed con- struction will be 360+-linear(feet,and ( , the code limits the frontage of a single structure to not more than 60 linear feet of frontage on one(1) street.Location . ; of Property: 8885 Main Road, ,, ' ' Matutuck;Parcel 1000-122-6-22.1. - 2:50 p.m. Appl No. 52471- Joan I` . Langemyr.This is a request for a Lot Waiver under Section 100 26,Ito sopa- ' - rate 1000-104-6-12.1 (vacant) from - 1000-104-6-13.Based on the Building ' Department's August 12,2002 Notice of • Disapproval, the properties have merged due to common ownership at any time after July 1,1983.Location of - Property: 900 and 770 Oak Drive, i Cutchogue(described properties). 3:00 p.m.Appl No.5252-Patricia 1 • Jaeger and Joel Perelmuth.This is a • request for a Variance under'Section 100-244,. based' on the Building - Department's October 9,2002 Notice of Disapproval concerning a proposed front addition at.less than 35 feet from the front lot lide at its closest point. Location of-Property: 420 Mill-Creek Drive,Southold;Parcel 1000-135-3-45. 3:10 p.m. App' '1o. 5245 iI Gary Gems, as contract vendee (Thomas and Annette Jordan,Owners):This.is i . a request for a Variance under Section • 100-244B, based on the Building Department's October 9,2002 Notice'of Disapproval concerning a proposed ne* 4,,i dwelling with a front yard setback at,: • less than 40 feet.Location of Property:` 1680 Brigantine Drive,Southold;'Parcel 1000-79-4-25. 3:15 p.m.Appl.No.4942-I reezy I- Sound Shores(Continued hearing). . . 3:30 p.m.Appl No. 5222-RObeit - and Barbara Holley.This is a request for a Variance`under Section 100-33C, - CEI3 IFIED MAIL RECEIP (Domestic Mail Only;No Insurance Coverage`OM u7 m 3/ /-,O Postage $ n E Cfp ...D A IT Certified Fee h. 30 ® r- oc l"-;:r,... Postmark (,'b ti Return Receipt Fee ' Her , O (Endorsement Required) i v 7 S '4 ® r Restricted Delivery Fee C° 1=I (Endorsement Required) CI Total Postage&Fees $ q.1'"-- Ln ru Sent To San Simeon by the Sound .-a Street,Apt No, l or PO Box No P.O. BOX 2122 r_ City,State,ZIP+4 Greenport, NY 11944 (Breezy Sound) PS Form 3800,Janua 20# 41174171r4t re; Eims CERTIFIED MAIL RECEIP ,(Do''mestic Mail�Only;No Insurance Cove rage,'• MI 0 rn g $ 3111, c i O Posta e n,� ..ary O 5 f IT* Certified Fee of,3ot\ (d Y Post (rk, 1-11ReturnReceipt Fee ( I Here'�� O (Endorsement Required) '"..� 00 Restricted Delivery Fee '��`t (Endorsement Required) 3 J / �� ,-9 Total Postage&Fees $ . l9" 1-11 ru Sent To Jerad Motel (Breezy Sound) 0 Street,Apt.No"21695 Soundview Avenue 0 rL City,State,ZIP+4 Southold, NY 11971 ;PS Form3800,Janua "1 •-R- -r =(.1'1 r mil:. CER .IFIED MAIL R ' • (•.' .- u.. •ryNoInsurance Covera.e 'OM p (0) Il"` F 41 c 11 / ,, ' L� 1 it m 3lED Postage $ d cr Certified Fee a. 3 '`,— C �. CV Astgia 11.1 Return Receipt Fee pp b,..;:._57 ere' I= (Endorsement Required) (•7i ,s p Restricted Delivery Fee CZ:i I=1 (Endorsement Required) Cry I=1 ` .O \ r -R Total Postage&Fees $ Li. i O ti :. ru Sent To EE Bang and other_s4 (Breezy Sound) '-q Street,Apt No _ C3 or PO Box No ?.0. Box 445 p p_ City,State,ZIP+4 Greenport, NY 11944 'PS Form 3800 Janua 2001 See Rev-.. . 4U1.-- iliPlra.b I - e/rsi CERTIFIED MAIL RE. • • (Domestic Mail�Only;No.Insurance Coverage -I "" ru i trt t..! '"''' .1- J t{27 , bail I� 4' m 31 �q2> �c. rm Postage $ „ Er Certified Fee , 30 (1::, l 0 Postmark ru Return Receipt Fee �+r o$ Here) ED (Endorsement Required) I°7 C et r') O o ti•, Restncted Delivery Fee Cl f e. I=1 (Endorsement Required) f/0 t .-q Total Postage&Fees $ U .1.4)- t_r) ru Sent To San Simeon by the Sound a Street,Apt No, 1=1 or PO Box No P.O, Box 2122 O City,State,ZIP+4 Greensort, NY 11944 (Bree Sound.) PS Form 3800,Janua 2001 See Reversefor Instr cri- CERTIFIED MAIL R-ECEI • • (Domestic Mail Only;.No Insurance Coverage •40ed a m p7 j-- /.'4 , o Postage $ s p^ Certified Fee . ,3D k.-.r- . )r d v .•stmark-) , Ce ru Return Receipt Fee \ 4 y,Here •��, p (Endorsement Required) ' r �. �,'� Restricted Delivery Fee 1=1 (Endorsement Required) ,q Total Postage&Fees $ 4, Lfa_ Ln ru Sent To John Siolas & Catherine Tsounis a Street,Apt No, or PO Box No 190 Central Drive D- C`- City,State,ZIP+4 Mattituck NY 11952 Bre Sound Kumoneit.-14-iffref CERTIFIED MAIL R • (Domestic Mail Only;No Insurance Coverage ^ 12.1 a 111.1 P '�-Lit n r ,il.r: �.--: J i' CT, ,:f-,t ��-� J �?,,,<fa�� 1` m �-/ 60 p Postage $ a 3 / . ( (.': h -� e t).(j Certified Fee Ot `� Postmark - MI Return Receipt Fee111111=145 `"` O (Endorsement Required) V 0 Restricted Delivery Fee �t,,,,,d (Endorsement Required) " S y�; r ted ra Total Postage&Fees $ LI.14 Ln MI Sent To Rose McCann (Breezy Sound) '� Street,Apt No; O orPOBoxNo O 18 Wilson Street r- City,State,ZIP+4 Hartsdale, NY 10530 P F•rm 999 .n . ''1 --R-V-r - • • •re Certified Mail Provides: • • A mailir eipt • • A uniqLWntifter for your mailpiece • A signature upon delivery • A record of delivery kept by the Postal Service for two years Important Reminders: - ■ Certified Mail may ONLY be combined with First-Class Mail or Priority Mail. m Certified Mail is not available for any class of international mail a NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. ■ For an additional fee,a Return Receipt may be requested to provide proof of delivery To obtain Return Receipt service,please complete and attach a Return Receipt(PS Form 3811)to the article and add applicable postage to cover the fee Endorse mailpiece 'Return Receipt Requested".To receive a fee waiver for a duplicate return receipt,a USPS postmark on your Certified Mail receipt is required. m For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement"Restncted Delivery". a If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking If a postmark on the Certified Mail receipt Is not needed,detach and affix label with postage and mail. IMPORTANT:Save this receipt and present it when making an inquiry.- PS Form 3800,January 2001 (Reverse) 102595-01-M-1049 DGT - c ;� ZONING BOARD OF APPEALS TOWN OF SOUTHOLD.NEW YORK - x In the Matter of the Application of AFFIDAVIT Breezy Sound Corp. OF (Name of Applicants) / MAILINGS CTM Parcel #1000- 45 - 1 - 2.1 COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Melissa McGowan residing at 555 Marlene Lane Mattituck , New York, being duly sworn, depose and say that: On the 3rd day of October , 2002, I personally mailed at the United States Post Office in Southold , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the (x ) Assessors, or ( ) County Real Property Office Sou-Jl,old , for every property which abuts and is across a public or private street, or vehicular right-of- way of record, surrounding the applicant's property. 7kcittd4. NeStVaL Melissa McGowanature) Sworn to before me this • ''77- day of October , 200 2 MARGARET C. RUTKOWSK1 otary Public) Notary Public,State of New York No. 4982528 Qualified in Suffolk County Commission Expires June 3 000 5 PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. f 4 Subject- 1000-45-1-2.1 1000-40-1-1 Jerad Motel 21695 Soundview Avenue Southold,NY 11971 1000-45-1-3 EE Bang& others P.O. Box 445 Greenport,NY 11944 1000-45-1-5 Rose McCann 18 Wilson Street Hartsdale,NY 10530 1000-45-2-1 John Siolas and Catherine Tsounis 190 Central Drive Mattituck,NY 11952 1000-45-2-2 San Simeon by the Sound P.O. Box 2122 Greenport,NY 11944 1000-45-2-10.4 San Simeon by the Sound P.O. Box 2122 Greenport,NY 11944 PATRICIA C. MOORE rs)II= -_ - Attorney at Law I Li/ 51020 Main Road ;OCT - 9 Southold,New York 11971 \ Tel (631)765-4330 ; ! E --- — Fax':(631)765-4643 October 8, 2002 Board of Appeals Town of Southold P.O. Box 1179 Southold, NY 11971 RE: Breezy Sound Corp. Premises : County Route 48 , Greenport, NY SCTM: 1000-045 . 00-01 . 00-002 . 001 Dear Sir or Madam: Enclosed please find the Affidavit of Mailing, six (6) Certified Mail Receipts and the Affidavit of Posting for the above referenced matter. We will forward the signed Return Receipt Cards to you upon our receipt of same . Very truly yours, Patricia C. Moore By: Melissa McGowan, Secretary /mm Enclosures PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 Margaret Rutkowski Secretary October 3 , 2002 BY CERTIFIED MAIL RETURN RECEIPT REQUESTED Neighbors Re : Breezy Sound Corp. County Route 48 Greenport, NY 11944 SCTM# 1000-45-1-2 . 1 Dear Neighbor: I represent Breezy Sound Corp. with regard to their property located at County Route 48 , Greenport, NY. They are requesting a Special Exception under Section 100-60B (4) , for permission to establish a new 68 unit motel with motel office, pool house for motel guests and motel manager' s apartment . Enclosed is the Notice of Hearing. The plans are on file with the Town of Southold Zoning Board and are available for your inspection and review between the hours of 8 : 00 am and 4 : 00 pm. The hearing on this matter has been scheduled for Thursday, October 17, 2002 at 7 :20 p.m. at Southold Town Hall . If you have any questions, or you wish to support this application, please do not hesitate to contact me . Very-15l, yours, 7 iy / Patricia C. Moore PCM/mm Enclosures I LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS ' THURSDAY, OCTOBER 17, 2002 PUBLIC HEARING NOTICE is HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following public hearing will be held before the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971, on Thursday, October 17, 2002, at the time noted below (or as soon thereafter as possible): 7:20 p.m. Appl. No. 4942 - BREEZY SOUND CORP. This is a request for a Special Exception under Section 100-606(4), for permission to establish new 68-unit motel with motel office, pool house for motel guests, and motel- manager's apartment, on 7.13 total acres in this Resort-Residential (RR) Zone District. Location of Property: North Side of C.R. 48 (a/k/a North Road) '(opposite San Simeon Nursing Home), Greenport; Parcel 45-01-2.1. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular Town Hall business days from (8:00 a.m. to 3:00 p.m.). If you have questions, please do not hesitate to call (631) 765-1809. Dated: September 25, 2002. Southold Town Board of Appeals 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 (tel. 631-765-1809) • t 1 o 4. ; CCT - 9 ZONING BOARD OF APPEALS i ?1` ' TOWN OF SOUTHOLD.NEW YORK In the Matter of the Application of AFFIDAVIT Breezy Sound Corp. OF SIGN (Name of Applicant) POSTING Regarding Posting of Sign upon Applicant's Land Identified as 1000- 45 - 1 - 2.1 x COUNTY OF SUFFOLK) STATE OF NEW YORK) l Patricia C. Moore residing at 370 Terry Lane, Southold , New York, being duly sworn, depose and say that: On the day of October , 2002, I personally placed the Town's official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) -facing the street or facing each street or right-of-way entrance;* and that I hereby confirm that the Poster has.- er ined i place or seven days prior to the date of the subject hearing da(e, ---,-ar;-0 7 ate was shown to be C1C1�� Patricia ,. 'rioo ee) Sworn to before me this 74day of October, 2002 . �C C44 6t MELISSA McGOWAN (Notary Public) -Notary Public,State of New York No.4995913. Qualified In Suffolk County Commission Expires May 4,2042 *near the entrance or driveway entrance of my property, as the area most visible to passersby. FOR OFFICIAL USE ONLY CHECKLIST FOR NEW PROJECTS V LABEL APPL# rr� 02 ✓ ASSESSORS CARD (7 COPIES) NAME j' / CTY. TAX MAP (7 COPIES + 1) CTM# %S- / 02. V INDEX CARD (ATTACH OLD) TOWN , e )0 LIST ALPHA BOOK RESEARCH ALPHA COPY PRIORS SIX COPIES INSPECTION PACKETS COMPLETE • REF: UPDATED NEW INFORMATION FOR BOARD AND STAFF USE Updated New Information ,37/)-/° `So le/9 fZ..L , ��/ (� � f 2� -,A� dp.dae- y.5 720 `) ' .Lee/jej 4-13z/Sii t-e- *41-- ii, _ ..4 8 -lL'J /i✓� /6.21. 4/241.(_ a .4)1- ; filo.t„eLP-0-0-12-0,3 A/g_ y j 2 Ajienda March?: 2002,Item IV-B: Possible Resolution to authorize filing of Appl. No. 4942 (Breezy Sound Shores) as a new application for Special Exception,motel units with kitchenettes (new buildings on vacant land). Application is pending review under SEQRA with Lead Agency and all involved agencies (PB,ZBA, Trustees, County Health, State DEC, and possibly Suffolk County Water Authority). C.3/6 2_) ZBA File Status 3/15/02: Applicant submitted Trustees'Letter of No Jurisdiction and new Maps with current bluff line setback,new layout,and additional information; await submission of documents and reviews by Lead Agency,after coordination with involved agencies under SEQRA(includes ZBA as involved agency in this review). cc: ZBA Members and Town Attorneys 3/15/02. rf 2 4 Special Exception for multiple dwellings, 6 units per building submitted 3/1985 and inactive; applicant did not submit for SEQRA determination(1985-2001). January 1989—Zoned RR. TB Adopted Resort Motel and Transient Motel definitions; Resort Motel public hearing on T.B. Local Law; discussions about kitchens and non-kitchen uses. November 1989 -Special Exception with conditions granted for RESORT MOTEL, decision granted with conditions (only Manager's Unit shall contain kitchenette); based on all plans submitted by applicant to ZBA,Health Dept. and Planning Board conditions of approval. SEQRA was processed by PB as Lead Agency based on project without kitchenettes in units. Site Plan and SEQRA by Planning Board for Resort Motel without kitchenettes; Health Dept. permits for Resort Motels without kitchenettes issued,with water supply and sewer treatment by agreement with the Village of Greenport. Building Permit issued December 1989 #18687-Z for RESORT MOTEL without kitchenettes, expired 6/8/1991. 68 Units plus Manager's Unit. Application for Building Permit disapproved by Building Inspector April 25, 1991,which was appealed for a formal Interpretation; application inactive by applicant,who re-submitted a new request for Interpretation February 1990—Stop Work Order—clearing vegetation within 100 feet of bluff in violation of ZBA decision#3542 and site plan conditions of PB. Appl. No. 4039 -Appeal the April 25, 1991 Notice of Disapproval issued by the Building Inspector,which requested building permit to add kitchenettes in RESORT MOTEL ZBA Appeal was for a formal Interpretation, specific to this property and Special Exception. SEQRA was waived for Interpretation Action only, subject to full SEQRA review if kitchenettes allowed. June 29, 1993 Town Board drafted proposed legislation for rewording of motel definitions. (Need to check Code to see if local law was adopted). New plan for kitchenettes. Needs PB site plan and Health Department, Village of Greenport sewage and water approvals (SCWA possibly). Needs SEQRA by lead agency(PB). Possible new Interpretation by ZBA Or Amendment to Prior Special Exception (expired when site plan expired—three years after Building Permit). As of 7/30/01, PB Office said they are still AWAITING current map to show current bluff line, setback of"as built"foundation from freshwater wetlands;possible question of integrity by engineer; question of whether foundation may need to be removed because building permit expired, and has not been in effect for over 10 years. Building Dept policy is that current code applies (may not setback variance and DEC, SEQRA review and possible DEC variance for freshwater wetland setback; Town Trustees permit, etc.). 7/30/01 ZBA awaits Determination from Lead Agency under SEQRA, coordinated with ZBA and other involved agencies, for kitchenettes, freshwater wetlands, Health Department variance for kitchenettes, etc ZBA Office Use Info 7/30/01 . �O d �fc =/1— .a._ 0 - '`I`O NOF SOUTHOLD PROPERTY '�R RD CARD - CO STREET , I1 7 5 VILLAGE DIST. SUB. LOT / k T � �4 r ,. Ck (-1- c ' Q.,/ .. , , r ACR. -C�RIV�E , SD,NER • N n. I E % Y II l ��5 t.C � �S�r�S ` ' f' '°� �eYu d d`l(b+ Ca to _ >-4,,,i S e- G l S S TYPE'OF BUILDING ,Th ' a / d 4 e sii/.6.44 A ad,40:-.7:, ),-)0,A4 =-s-lizAvna,-1- /'---ef-/-96?) VAg_ ES. //_/Y SEAS. VL. --- FARM COMM. CB. MISC. Mkt. Value LAND IMP. TOTAL DATE REMARKS/10c AV,/Fls-oaa, P. y� f-4 41 /� cid„/ / U 0 , / .5�d le 2_/.22/44 -L9 M610 2 - r t,•�_k�� t a 1 *=is t N r'i T- `` 6 le-5,,c-inc _ k'-e5-(,1 ? " t.: 4`';111 5/67635 Cat-s4b(H.6l rcYc. 1s Li D G) --�"-- !-7C ��' lb /(J ‘ , 04,44J1 0 y 1,0 .. 61 u .� wt`=`v-.1 f`yr- ?'-' ,* / q/,' ,r,, ff ' •I' d b , a•( ,/ /( f• t ,)ir (i i' %JC'` "- - -' d--! i Y o`.'Y9 a'-z e1 t a T' ./l/f`�77� �i //1`;' ' 4'`.- r" ^+off �:. ,'' Z11.?/;1117i 1.j },' '7 1 Ffp ,. SE3, 090c) 80c> 19,ben Cf S 4-1., e '�o ql, a 0 v "fib-i://7 (4174,,e -td a/8�Q4 e. S qEW NORMAL BELOW ABOVE I a/� /Fq _ }i- J g(o 7 con t.��. 5 r�'la O �'1-v-tAdv-,(6eun l�S� =ARM Acre Value Per Value 'iv/ IrS o�F i CQ S k)',,h, rn b fk, D 4-be=�-L® Acre � m. •fie i`�� ' � C�`S -#3� ! co, f7�, /�a/ --LII-78J re'- Moo ,,reft , e r,ee SOu. J,oiy,oo�z 'liable 1 /7 forFcto54iPJ VZyz c)- 0,002 cac -F�k s� b5 i C' 't,ti Y ct t E ekaais t-i -•io ci rc,Ah Vie. Ila' 2 - C liable 3 I > O 0 .;5'/ d33v i L, 4L.� oodland 11-< � r _ . } -ii--- 6 rampland FRONTAGE ON WATER r ushland FRONTAGE ON ROAD )use Plot DEPTH . ' y_ BULKHEAD ` rf tai DOCK , /w a $ 91/4r-1 / —/ 11„'y SOUTHOLD PROPERTY' RECORD CARD IL 7.21 � / OWNER STREET VILLAGE DISTRICT SUB. LOT FORMER OWNER N ,p E ,, ACREAGE S - / W y TYPE OF BUILDING .. S p .4,1 I-r ,k ./ ``7` C t I--PCs te.L. A sSoc.« ,s RES. • SEAS. 65 VL. FARM COMM. IND. CB. MISC. -y LAND- IMP. TOTAL DATE REMARKS / ' crl) I i n 7.__ '-/e 9 .0 t., bo boo 3 o d 3 0(9 C ( �Z! :, . art r A. 7 C e5 o' 0 CU /e 41 0 cz /y/y o% 7 i7X a,%!t/. e- c. P - . :cc ,.14 -. -f _ G,, 4 • ''. � �p'. .ssac. AGE BUILDING CONDITION o �8 00 i<3-0"2,_4' 'X- /336 =1 9 9 ,r NEW NORMAL BELOW ABOVE . 1 y- w . s , ., Farm Acre Value Per Acre Value `-^-�w,vi kid , 3 6 0 T°1"-ale 1 Tillable 2 K- Tillable, 3 Woodland Swampland Brushlrl House Plot - -- Total ---- v• A , --.•.c., / \_..,---," ,.' _ - - , , 1 41- •, i y , ' (Itp-'-A \ •:- -, AN -0 1- i•' ' ,...r."0: 7 .I , triii- .t41" , F",., • , s 41,1 :-I ' ellAA:01149 1.1i 1 ,,'" I •-,,Qt.:4:..1",,,,,,", .,f,..4-4,,A e%.,,i,-,,.'„,,,,,,l,"'ef Z., ,,,11,N,4 '•wip 1/I 4:4 , '.`' ) • ''." ' „:''z.:"'-1414.`kV ri ibtl4 i Iftt f,".././,' •."--: •' t:',, f!..; .1,/,(v.,,iiiri.` ,r.,,,.:i -‘.--- • I .c 1 ,Ift,. 44,;:i.-e-Ng ege;.. ...- ;:.:..1... l'A ,o•,.• -. ,•,•,-,:,..iri.,:2,..•,t4n.- ' ' - ,f - { •ril A-- , ,•, -..,-..--:... /01. •,J;I. , --,' ,,,, 4• .,,:-,:.-- ' r 1 7....-- ,.. ,, '7:.' : .,4 t'44-14411.'i-. .-0'• 1-,.''......4'ZiW " ' - ' . . ''.''Mt..7.'14 t.79:;5 "45:.44'''' '"^ .• 1 . ' ',,‘..‘4;';'*.‘•''''''''J..',%"....i'.'7':',S.,j;'..''.A:..'.'''\ .' / 9.. . . ..,'..i•,.It,%.Z.,y 1:7,5....."47.'1;.t%.,:t:'".1'r:Z.4'W..t., :044,.'f"1'...':i'i',. C•'.:4 ' ,. i -, • • , I 3f 4.- r I M. Bldg. i - ./._ /6 I \'I t/ .' I 'I"' ' 3 -1 Y,/ Foundation c_-6 Bath /V 11 - / -'E -nsio 11111=111.11'ern to, '11 COO Basement IVO Floors t.:Vt.-ee.1 / , i .. 14/1111L • . Extension 7-/ Ext. Walls , /' Interior Finish ill : ' -d- Extension Fire Place Heat ff0 1 66 I ; ,A., ':.) .31) d I Porch CI Attic . , , • A• 6 1 x ‘,/i. .. 4/' _ _ _ • I" P6rch Rooms 1st Floor . Breezeway Patio Rooms 2nd Floor ,.., . >01443 k Gara•- EIMERIIMIMIEllar7" Driveway ,-/ O. B. 4/46 'F) ' q711111. - TIANIIPP- - Iv k' ( t I V q'. • •7 0 4 de , \, • 0 .A A0 . 1 4 • mmmmmmmmm . • K.��7f»�r�rr:u�yx.,tirr.�.�- C• ' SE n.N IA • : IIIII■ Complete items 1,2,and 3.Also complete A Signal re item 4 if Restricted Delivery is desired , ❑Agent • Print your name and address on the reverse X • ` ❑Addressee so that we can return the card to you. B Rec ved by(Printed Name) C. Daterlivery ■ Attach this card to the back of the mailpiece, p�or on the front if space permits. �JD. Is delivery address different from item 17 1. Article Addressed to: If YES,enter delivery address below ❑ No San Simeon by the Sound P.O. Box 2122 Greenport, NY 11944 3. Service Type ON Certified Mail 0 Express Mail ❑ Registered 0 Return Receipt for Merchandise ❑ Insured Mail ❑C O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number I -7001 2510 0002 9603 4752 (Transfer from service label) • _-, • _ PS Form 3811,August 2001 Domestic Return Receipt 102595-01-M-2509 UNITED STATES POSTAL SERVICE First-Class Mail 11111 Postage&Fees Paid USPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • PATRICIA C. MOORS ATTORNEY AT LAW 51020 MAIN ROAD SOUTHOLD, NY 11971 • Breezy Sound y4ZU7*M01.1uI»MMM:16Y'•yX•Itits KgehlagWl.11M1 011.7M7if1U41U4a' • Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. X / ElAgent • Print your name and address on the reverse 41_, ❑Addressee so that we can return the card to you. B Recel,d by(Printed Name) C. Da e of Delivery • Attach this card to the back of the mailpiece, or on the front if space permits. 0 D Is delivery address different from item 1? • es 1. Article Addressed to: If YES,enter delivery address below: 0 No San Simeon by the Sound P.O. Box 2122 Greenport, NY 11944 3 Service Type ®Certified Mail ❑ Express Mail ❑ Registered 0 Return Receipt for Merchandise ❑ Insured Mail ❑C 0 D 4 Restricted Delivery?(Extra Fee) ❑Yes 2 Article Number .7 2510 0002 9603 4745 ';(transfer from seryice label) PS Form 3811,August 2001 Domestic Return Receipt 102595-01-M-2509 UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid USPS Permit No G-10 • Sender: Please print your name, address, and ZIP+4 in this box • PATRICIA C. MOORE ATTORNEY AT LAW 51020 MAIN ROAD SOUTHOLD, NY 11971 Breezy Sound 1 ?i : n _ L _.fiy.�1 �+� iit1� tttl�� 1 ttt a�tftf�t�itl tltit.ti�.'itit.tt --E DER: COMPLETE THIS SECTION MKeJu194414WI IXOWLOILWLTa7r11> ' • Complete items 1!2,and'3A Also bompletef E i I A. Signatur'e r`i 1 ; item 4 if Restricted Delivery is desired. Ql ❑Agent III Print your name and address on the reverse �� � ❑Addressee so that we can return the card to you. B. - •-ived by(Printed Name) C Date oD livery • Attach this card to the back of the mailpiece, 'a , , �W/ // or on the front if space permits. D Is delivery address different from item 1? 0 Yes 1 Article Addressed to If YES,enter delivery address below: 0 No Jerad Motel 21695 Soundview Avenue Southold, NY 11971 3 Service Type 13 Certified Mail 0 Express Mail • ❑ Registered 0 Return Receipt for Merchandise ❑ Insured Mail 0 C.O D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7001 2510 0002 9603 4769 (Transfer from service label) PS Form 3811,August 2001 Domestic Return Receipt 102595-01-M-2509 UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid USPS Permit No G-10 • Sender: Please print your name, address, and ZIP+4 in this box • PATRICIA C. MOORE ATTORNEY AT LAW 51020 MAIN-ROAD SOUTHOLD, NY 11971 Breezy Sound ENDER:COMPLETE THIS SECTION tK.►1:111Wat:IMIX [.Dr.7.u4n►ri4:1' • Complete items 1,2,and 3.Also complete A Signature item 4 if Restricted Delivery is desired X 1:1 Agent • Print your name and address on the reverse ArjA�/ 4 /Ck•vn._" ❑Addressee so that we can return the card to you. B Received by(Printed Name) C. D�telgf Fedi ery • Attach this card to the back of the mailpiece, /�'/�)/`/7L ,1 or on the front if space permits. 1 Article Addressed to D Is delivery address different from item 1'? 0es If YES,enter delivery address below. 0 No EE Bang and others P.O. Box 445 - Greenport, NY 11944 3. Service Type • Certified Mail 0 Express Mail ❑ Registered 0 Return Receipt for Merchandise ❑ Insured Mail 0 C O D 4. Restricted Delivery (Extra Fee) 0 Yes 2. Article Number (transfer from service label) • 7001. .28.10• 0002 9 6 0 3 4806 PS Form 3811,August 2001 Domestic Return Receipt 102595-01-M-2509 UNITED STATE_S POSTAL SERVICE First-Class Mail Postage&Fees Paid USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • PATR!CIA C. MOORE ATTORNEY AT LAW 51020 MAIN ROAD SOUTHOLD, NY 11971 Breezy Sound I„:ii,,,III,I„I,,,i,,,il,1,:i,►I::UIillII„,,I,ilt,,:,:i,il ►-WW1®7ACRKUiipai4d4 ips-iet ► ts7i1iri174411:114:T eli L•MgTATINI4I L4M • Complete items 1,2,and 3.Also complete A Signature ...----- ti item 4 if Restricted Delivery is desired. Agent • Print your name and address on the reverse �� �� b El❑Addressee so that we can return the card to you B Received by(Printed Name) C. Date of Delivery • Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 19 'Yes 1. Article Addressed to: If YES,enter delivery address below No John Siolas and Tact-. .\ P.O. BOY W Catherijie Tsounis ,r' ‘19,;,, MATTITUCK NY 110Z2 190 Central Drive Mattituck, NY 119 OCT 3 Se ceType 21020 s-rtified Mail 0 Express Mail El registered 0 Return Receipt for Merchandise �', t2 Insured Mail 0 C O.D. t.,^ iy1 Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number i_— (Transfer from service fabe),- 700-1 0.1 2510 0002 9603 4738 _j PS Form 3811,August 2001 Domestic Return Receipt 102595-01-M-2509 UNITED STATES POSTAL SERVICE ) First-Class Mail Postage&Fees Paid USPS Permit No G-10 ° Sender: Please print your name, address, and ZIP+4 in this box • PATRICIA C. MOORF ATTORNEY AT LAW 51020 MAIN ROAD SOUTHOLD, NY 11971 Breezy Sound !f!!liflliJJli1f111111!1111i11ifillllf!ill ill!fl it iiiflill+i ii PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel:(631)765-4330 Fax•(631)765-4643 May 7, 2002 Board of Appeals Town of Southold 53095 Main Road P.O. Box 1179 Southold, NY 11971 Re : Breezy Sound Corp. Premises : County Route 48 Greenport, NY 11944 SCTM# 1000-45-1-2 . 1 Dear Sirs : Enclosed please find five (5) signed Return Receipt cards for the above referenced matter. Very truly yours, aa /1 G 1�rh.L C l C� ow Patricia C. Moore By: Melissa McGowan, Secretary /mm Enclosures ---- (.•_-_ / .ee, 1- 7/L.) ".7 .i 't)i...- ...-Pt.te., , \..... / 013p..! pg.cf„,pepti." Valia..,..e&-tizidef:SeCtioIrTOOt2.1.2A7'-'77EINElilitiEge 111S137.., ....,Effol-7- ,','Septernber,;23, ,2002 Notice ) 100;239:45;and 100-244B,.based on Variances under Sectiogt 0-33C, i 0/3/0 2 rDisapPrOyal;-(rePlaeing tli Ogust,14.1f,,--, the Building Inspector's May,6,2002 100-30A 4, 100-31C, base,/on the 200.1 Notice),foe the",i,kasoRthat,the--,,,NOtle‘ofDisapprovak-Applicants pro, Building-Department's April 26,2002 zorung code restricts the-height-of an 7, „pose a new accessory garage with a set- Notice of Disapproval,for the reasons ,..:one,familyydWelling';to2„,,1/2•3,steries. .;.bireleat'le'igilinii‘735:fee0hOnithe fianil-.gthat loyite.q3RiposeliMfdViiitime is Applicant is proposing Joirriliddi- - lot line,-and to construct'hew additions proposed_as an accessory at bons and alterations td,, n.ex'asting and alterations to a dwelling in an less than 50 feet from-the front lot hue dwelling,with a third,stoWiribitable, existing nonconforminglOcation,with under Section100-339„(b)a windtar:, space. Location 0,1t3perty„.4090;-,, ,etbacks*less than 755''fept,-fronj the, ..,,bine-struCture--0 not,,pprnutted'01rider ..,.. Orchard Street, one,m,,t1--At 27_3- :;„,,,,hulkiipadlAcatiOn.Wif Property•100 ",.,.(1SectiM1100=31C-„Tasan accessory to the • or Mattituck, in said ▪ 3.13(nondahforriung,M0i;of29,300+- ‘-',-:".Wesf,Lai(i„Solithold,Scillthold;Parcel, ,t,,,=exisfing-dyiellini,azi4Vithe wind tar- -='- - Srft.iiiiii'R-200-Re)idennal Zone ,- 88-6-12 ,,,,bine structure is over 18 feet in height,worn, says that he/she is , District)„-_,.„, .., ..„ -.,,,,, .,,,, .,74.5 p m.Appl No L'...5181,-THOM- „(the,requirenient for permitted accesso- ;,';',". 30,-=-p.m-'Appl,ql,p,:<5.1.7,9t,-'.7,'.,AS,VSOLUELS 1:7,..,`AND:::NANCY`7,'''Y buildings and structures):'Location, SUFFOLK TIMES, a weekly ,',...-tificrum5,suclobiaovvpi"--:(Trg.sita--iik,STEEI:11;iN:'-'1131i'ls'ieruest for a' 'of Property.885,Pelty:s Diiyet'Orfent„at Mattituck, in the Town of ,,,;,,request.for,„aYariancV,Kdgr„.§Selons.74,-,,vVarianceaunder.Sectiond,00-242A aticl,„„.Pareel 1472-24 .,,., ,100,430A,A;and.100,73.3;',13#4',oa.diel,,V,100,33;.'?':lhaSid, On't.'the_,I Building- '8 00 p m Appl No,5193-,MAIN-I folk and State of New York, 3adding71),43nitnientX4une---1":5001';.i..C'„iliepthilleks,",Jiiiie..13,42001Notice of THEE,CORPORiTON 'PIP is a rhich the annexed is a printed yi,-NoifeexptsaimSrovaigi‘ST6-403iirisig-ipio`riioiov.ticp-iiii-Zitiii§ propose to request for a deterrrunatiorr!uthoriKing ''''',7r".:a nesVie"ceisorY,garageni„Varcle;iget'conitiuetacidilioninlitNiteranons to a chan.ge,„of use from,an,;;ackultiresk.,/published in said Newspaper area.Sue Location 33,00,;.014'1'NeeK-,,:'iiiirexiSiiiii,acdeisobnilding located overnight guests(sometimes referred .,'„-Road„Mattifuck,PArcil,41,37§4:?V„.^M,,l'mni nOnconfolmirif fronr Yard location to as a cpountry ma fotunder Sectio ns..ri the y . , da --640 p.m.-iAppl,-.1qq.,5192 DAVH), ,--(rather.than a.rearlard)„a(:7090 New 100:31-Mid"100 24 f',.'bg'd ' - '7.BELL;,',„4,-,,ANp..:,,:ifq‘ltlfki*RD ''.',i Suffoll(Road,,New.Si)ffollt,'Parcel No Building D p -ent'silene 27°112002„ 2060., 31.nipiARDvtliiiiO4*`*t icti';,a,4,‘,„!117-6L7„L,'-(fdritier-CTM4',Itss 7 and'4.,,' Notice of DfsaborovarA Mier variance, ="VIriaricerander'SectiOn'400-24k-based ,..cOmlinfed as'-tine)`f.',47.1.1,1:. ,... ' -.0.§90$, ,granted2,11,iiik-e-,of ifse,frby. cifiAlie,13tiildrig-1,9.eiiirtfilenti.§4liki,e;i6kj-i1-7 204)iii:,:-.'4P1-,Nes;5158 and 5130,-rttinulti le resniende,toLih."adal(4eXt 4/....-44-e...., 2062;,-,:,:,CMticC4;•Fof„4DISiiipproy,alf, ,,,,,as,Arneifder ,MARTEM MANAGE;'' homein1966-Location of'Property:, ''',''..415,.hca,PE.$'&11';.:,lecit7'addition,'Iitsr":,..'1MENT'(Ar'MARINAICAS).Location---' 25500 Main Raid,Fist MariOn,13 el rincipal Clerk i;;ille'rpil Orthe biciating aivell'iniWith a 4.Z.--eirlreilietiy...-E4'sil,Sictd,,:oaStars Roadi,f,-;18.?„16- ,.' ,,,-,..,,. , - -,, • ''..:imgle,sidefyirlfciflesethan 10-,fees,P,k',Eiisf--Tvlarion;q'ercel'',N6",;"22-4-20 and ,t'Li': ,The Board of Appeals'ivill'heaeall, and,,,x,innitnitar tOtal side yards7.0,1e4,0,V•,28),(ii''one:(154);'i'App1104 requests „.„persons,or their repreieniatlydi;demi,:i s•-•" ' dian,.725",":fee0_,;14eataon of Frope4Y',..,','...,-_":-VariaicLes:",for:aleiims,,kauft7 based-tin `,. mg to,7be,heard at each.hearing,and/or- 20 l)-- id 1375 IslandVid'w Lane, Greenport,':',';kihe 13uildaii,f,DepartthelitIsi April2,i' desiring to subliiite:wnttec6taterneati: 1, Parcel.57-24- a,,, :..`,;,.„„77:11`,721302NOtice of Disafimoval:lo locate a-_;liefdre theeorehisiOntbf-eicli'llearing L i;',,,.,_...,„5.45.:;. ni ‘P !,,i;;;'ippl No rii5P.V.,:•,; telinis'coint r,itinettire i(D,af.. th less. an, ,,,Eaeh hearing will not.start earlieth r.. am PATRICK.W,...,LOHN. piisi„,a...az,t.five',fCetfrOm`dorilae(i),,(2);in a S,iia._ dp,signatTed'above;.Files-are available 30NDARCHUK ,:-recinest„-foe,:a.VarianCe,sundek'Section,,:2other,than'a'hieinutted.±:Maryard.and -.7-'for review'daring-it'i'iilar-TOWii ;Hell'lic,State of New York ..-100,244%-,bised On(7,,tli‘psBiol,dilig ,It.(3)1y/ithletSdoVer-4,ge,:oi_i5r,the code, business,days„from„R-00'-a.M.,16'3 00'267958 Depardnefiee.hink,14,2002:('TOticeig,''`7,,7,1hmitatiMi6120Wilind(4)b4ed on „ ,•p m-)pif,yoi4have questions-please do Suffolk County ••:sfilsippFovAc+LAivliCaneri prtMosufg.to,;', ,Sep'tembeirg26, 2001.40,ptice•',of, ,rnot hesitate to call(6319 765-,1809,,,-, - n Ex20 or 'Construct a new dwell4(aftet,dernol= Disapproval folf.fenciaOir,er,four'feet- 'Dated October 3,2002 -'_-i". res Dec •24 pii i.gfilifi.-311-0eialing direlling),Zali43the ';f5iii lieightiSpatt-Mi 1005231.t,- --.""'•'Southold-TownBOard of Appeals ▪.-'neisr,dWellini,#ill be.less-than,435-feet,::';',F,:"7 20',1447 ,Ain5Y-7,'NO-','4942\_-,,,, .• '".1, •- I 53095:Main Road S,-frOlii ihe'fiont 1.A line;and;theloe'poir,' '-i•BREEZICSOUNI/iCORIT*7This is'a • '', 't ,'±,..4„iP.0",Box,1179 erage_Will exceed the code hmitatoniol.- ,-1Alic:•4II:e9,Spaig--E14ptjon under - Southold„NY 11971-0959 20%of:the,totallket;area.Loation:Of-,Z.-Section'ii.09-604(4),,466;peiTission to's'--' (tel 631-765-1809)- „PropertS ,.,COmer-of Minnelialii?„,-1';.establisli-neY068-nmfyriotef.With motel- ' 2475-1T 03 '..,..L.„,-\.',', ..i.,..:', '. Bouleiiard,and".."WabtinSt.ceet fat‘•,,,,-;office;:Po011iiniiefdinierefrknests;and^' Laiighing''"-Watei0oulholl4f Parcel ' ':'',',ii:I ctetzinia4ger's4afiktitienton_7 13: . ,;--87-.3-55',--gr'''',,:',.;'':;,',W`f,rc. :;, tOiala`cles;i,n-tini-LIReaort4esidentjal- ,',6.50p`iii:',A"OPh`..:No',5,1,80',L,,rok,..,,,,,..-(RRV`,.gic'e,V,Diiiiier,.,-,LOCation' of and,LISkupLosigi#74;impi'ks*,--.;;',,P4et.,-Noith§ide'bt P-11.4 48(a/k/a„, wiiii7e-it-f9ek:V'n4dd'iiiicthii-Sec'uon;;'?„1;.1,North.Roall):1(oppOsite.f:Sari Simeon ,,,,ninn;242kand110030?Ciitibliell'PrO1-6;4",:;,Niits41:1,§lae),:Greerifxia;Parcel 45- ____----` .; 4:!13itilding-Dep,artm4iEspfnel,A-poi . ,Ar --9Y-2:4'''''',„4*,t?;('::-.,-zsT',2'!.,',''f'4 1 Notice of DiAaprktit pro. ;;T:A,,,7,254 tief,ApPe.,,,,,,MXt.5182-R.W. pose to enildsvam,exismigidekriwith;;--:-MLEINIGE1 yhgzis'Jafriquest fora. fr-----." rsaiiiincreasein the;clegreelO4usbnco-rifdr:-,;:i-`1Vaniuich";raiider`.Section,400242A,and, • A.#7,4,glkteiapiiLiglgasagc.ti,a4:i,:site4ai,,,'`Ai00;244;.7atiaseiL,:onv:ihele,Buildnig, yard_.Location of Property!!, 1155' :,Department's April az,2002 Noiich of :•,.-.. Marlene Lane,klattitapic-APareplA44,1w(DisaplirciyaktAmilidant*Pi:Oposinglo:! -- -constructadditions/alterations in a eons.fj.- . .',1/4T1 .,---,--,-Nrerci,v, •- = ..,, , , - - -6 55'RM. 'Appl.„ Nog;5,184, r.., ,,conforming-, location, ,(existing AVILLIAM,.SEIFERT!)This-ii,,Sa43Vd-wellirli)vithcPfrae`Setbabk at less ________ _ "request for.a Variaar,sunder' -iluai 35 feetAnd a-rear)setback at,less . --100-242A-and-244B-based-our the-'---than'35:feet;1(3500 EialitFOUIEROid, Building Department's Jihie'-49,2002 Southold;'-parcel 50;2,1',,,,, Notice of,Disapproval.Applicant is -„..„7-45--ri'mAiiipf:-Nii:::5182c-RAW:l \\. .19,,7ptoptialigio,cOristfuct'idditio,npi alle'raP-Al,'-MOND A;KSCIN,Thisiis;d-reqbestfOrr,„1 ,... tiong.t6ailiexistipg dwelling:y/04(1- -,-2Lot,,Waiv'ers.iin'der"'SAtiaill',100-26 te,,-., -backs at lesixhan 35 feet from,the front '.unmerge: (a),f;i',V‘a.cantipArcel,,,A.:- ..„_lot line arid,less.than 35fegliom-tlie',:,,,20,000,+,sqift vefeir0"tb,a5;1000i,89='' - f• ieeitchit`..41.die;1 if'qtft5t•qoilLi'dviO,:...,`-'--24.5 2;(b)M vaeantVaiterof-20,004-- Aire'inie,SolithOlePer:cel„59ig3,;,..- .-, sq`fraefelred to;ai-`,,100049;2,3i.'iiiicr '7 00-pm::,APpl,,N,O,T;151,94''- (c)animprOved,49c.wilihilKaefes of.,. CHARLES 'and-IROSEMARIC. ',:+4,dandriprimafing;Mfterlikb'as-10004,„", ' 7LUSCHER4tiis-ii-a.requesi for a 5 1 Based-'''pi-,o'the Building' Vanirice'under Section.100-242A.and-, DeRaftrkent's,4!+p,9t1Z2002Notiee,.ofr--z . ,,100444,, based out the *Buildingbr_A,'1DisapplOyaCcOrrectiti;Seitember 25,:''''' DgPartiatit'i Juile16,-20027,1406e,of 2002;the properties have merged iiiidet„:,, .', Disappo,jaL Applicants pronolsinspe,"r-.`,iL,Sect,TnA00,251uet9 cc..R..ig)515ynqr:I,g,Ocicfstdryldiitionsiiiilmyon`fOn,nig: : shipwih he first Ion aranyhme:afen location(existmg&eling)aileks'i(a0fx, Iiily.,.'f,,-`-1983:::Zone.Dig,tgt,r R;80S, '35feeiffrom:the.frOntTat lifieltieis Mani'ri:J'e,s1C12,P,..,a1''LEati.on c'..f"1'191,05'.'401 ,t 4044,/,,,,E:04146"fice_„.f.„.:,,...„ ,.?„ .•740,,feet,on-alanigle,sideJYttd,,andileii.:-.:1161Tiviirr,'" 9MitjX3PTOWNfs,.74,14.,ic-1,5?,5.fgit,L ..;;P.t.l.4.111,:g4Vmar9 4,, -_ SoLrhu eel'd7V8P'9,22:4 Parle,Mitot Ncis.,25;[17,ind 2,8:,',. BOARLY,ORAPPIF/ALS', ,.:, r .,Y,Da5.v.IF.Y.'PnYP,(fiks9-,iii°nt.`1 •P: 7.40'ppm.Ann]"No'5032:q-,LISA:.-1 rg"*.ktuR,504iCigeTOliER)17:^16d=f-,` 'Parcel-37‘q76 -1'''6:==' .1.4.44V, '''':'' "-.1EDOk.j.. lui7,-us,-,:.-c;r61-4-io....ibez, pliBuq_ '„ILARANG4,0-1,s :rit-,17:051`p.m rApp1Vo,5204-1--SANO ef.,-... '-',Varianee4inder-Seattina,100-32:00%, , ,.,!,,,,c.$61,10-0,ii,44,REEky,,GrdN;:p.,,/,,,fy•FEEEARMS.'Thisjsa request 'I'--7---231;77and-'il00-235A 1;?iincr,Neiv,YarklY,' p"aintiii;*84,6067`001e.:Toyniq45ii:,IYanOnce?H149;L:511,,g,94d,C,,,§,ec49;:.....Towni.eW Sectian2804;113iied Onllie *Ogli*Sr3100'03iimigteixf614,the,.7',..,1027.".13,-;:,`fi4Fd, °ft:'qYirtpu.1.448,;,.. 13thltinig-Depaitaiifit'kijtily,SiT:2001'2'4J ",i,ToWli'iitSptitti-41d;Ilie1011OWing falic'.34-sPePartment'vAugils,t,191.E2002-7.1,1oucv-,q_-, and September 20,200V-Honees-,lof4 fie.'iliptigsf.willOb'e.,4,41d1`,.before.ethP,A;;;cifF14PiTrOValliforKthe,:reason-;„tharthe,..,t...1Disapiirdvaltonceming:(1)*reilinning_41 SOHMO.EDIPOW1C13()AiKl?,;(9E\orifannieniF,100'd9P'PP'11R5P:the-dffIn-,'4,,,,,f5-walhpropiised at a,height greater than ( , itritithifthi•Jdviigijall.,;5305, ,,ntiai Of.",a'lirily,stand;under,Section ,',_.!!he code limitationiir,4 feet along or in ,,..1;.°MaiiiiMitii.di-4.5,iilth'olilti'New„,York--.7,400-13.Ln.-addition,-tthii)sl,otice°,Of-,-:a,front'Yard area,(2)proposed deck 3:4914,;(6iftliiirilfiYcific.fibber,,17;i100rrit,'Thsaiiiic'5,11-Zsiata.iliii?wfdii,-,-TOOn•C'1-11=c6iistii)cupw witliVero;AqtbaCk,from Dik,ligstiAIKF41#3Aitab.6141(iii'lsra,,cini1)..c0,P-Ok"ChaPtpr;s47:3N,'Iatf.afm.c.aiand4d.-iyhe'fialfr,yird'Irfie,larid=frarn•11 pcivaley, ,,.4iereafteris,pos'sitife):,,,,, ,/7-".'",,",,,, excess oLt.poQicL,fti,is'ppraittectoilly,i, nght0f:v4ay,,:a(its:"CMssizpoint,;iirtd5,, ,ass01 il iii'il'Aj501::,,,;;IsTo;, 8$-•,,,,„-.. ,,;').vilp'riitwplan,,,;Pi3PririVal thorn the,,:;,`(D ra°:Oterm!.n.ii,64.4'i'A9-Rmilinlu*i=: ROBERTAtnikDONNWIM;'•11,10St5Planiiini-4'Brafth .,4,1,$.,,,,,,Jtir, ecral.1, ,,,,specifications,,at,,,the.,,,,baselof.,„a:private.,,,,2 ouRz..A::ilirjui,,,..Abrg..04t,;,fiii.4,.,,7,.r.'-lexCeptpw-z:apiiioqaYfron011ielZoniiig'rrijarIghrfiraz(land cliiedrw,dor fort,,,, -,Vailant,eundeilSection',-,,100-244;ihasea;44,7Biiard:Of'APpeals'i,AppliCant1CpropYsi:1,',..zt:P..F5 ,41,*,,tard,IVigiEftaML?In 4 Ohjh'e.7.13,11ildinitDip;nitM'ent's;dtine.4.7,,,;„-Anigi,to;:,eanstnice-a..farinc,biitldingt(of ,--•, '-i- 'T.fi-,11-r. " "-1-, i.- A2'0.01fAgit41.9`.1.,-00;,Disaii,PrOVfik'-;;;;;:r ithicniie)idnel will-be enclosed oMall-,T ;......ima):rrivear7cy,Toisiii:,s,,paslillyt,,iiirow p0Op..#4.s'7400Fopo_,sipc,t9,c9Otit:,,,,,,:j2sidn4 usedas:,a sales,:arearope* does not direct frontage on town 1q4ditions/alt5rations:,!19"=.,an,eittstirig,,;,,,)thp-pplic;-nuaddittorhto the"existing-.,, street) -Loeition,-;:--00'!"',ProPeitY,'-',-,, *,,dwellingWithless:than354bet froixi_dieekfaritu-standmales area:-.1Ocatien - ..eO1,,..1.,`4Extendug:450 ftiiWer dPriYateRight=";',,,:froalle'tiae tirOle"si:thalir35-feeif(M/Mk';',P,i7afejfic';25,189'9'It'14, PelkiAile;.,,-.Of-Way;,cominedenight;ii,p6int-on the",.' ,t1trit**".,lat'brieitie`3,70.',HohaiiwalOu,..Paic'el.NOS''84154 2q1111"4.3"(iFone-1" ii'Ohli,,,giaed:n'isme,;-,,,,Ro'ad/9326),?: [SOI-uthold;Pgel",‘6,2135-6:',..,1; 4,tc.,-,144,9a314),4*. --Xfaio, ,7-.ftv 34i.l>,a 4,',41.1i"oScililliorKtia(celi;87,-5-25'dicf 24:'''' , „20_,,pp,,,,,:,,,,,,-,,,iNe.:$190JOE,L:i.7"......,,7'1Ctir.iii4;:AppD4X6:an 0i,-,„,,,,t•f-go,gpiA p' Mol NO.S186-1V1/iDF:1-,''', trIt=1:AL1,11ER'''.11usl',isy,-itfequiii-foi,,i,vnSHIRLEY:',KRAItrAND141H:".":7.K , ., . , ...,,Ariiiiiiie;liiii'dei5SeCiidii40-32:bite'a,4'l'^FAMII:tiliUStbplitli.kre:iiest fiir.7tr,: SEE PAGE 39A FOR • ------ . / r April 15, 2003 Mr. Gerald G. Newman, Chief Planner Suffolk County Department of Planning P. O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Newman: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: Appl. No. —4942 — Breezy Sound Corp. Action Requested: Special Exception for Resort Motels Within 500 feet of: ( .X) State or County Road ( X ) Waterway (Bay, Sound or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Lydia A. Tortora, Chairwoman By: Enclosures APPEALS BOARD MEMBERS - ,0 � ®'/S11fF0',t '�h�\' spy Southold Town Hall Lydia A. Tortora, Chairwoman ; = 53095 Main Road Gerard P. Goehringer ; y 2 ; P.O. Box 1179 George Horning ;O •� Southold,New York 11971-0959 Ruth D. Oliva ', �J� a0���'� ZBA Fax(631)765-9064 Vincent Orlando - '�_Jig �; ' Telephone(631)765-1809 '' http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD April 8, 2003 y__ - API Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Appl. No. 4942 — Breezy Sound Corp. (Special Exception) Dear Mrs. Moore: Enclosed please find a copy of the Board's determination regarding the above application. Please be sure to follow-up with the Planning and Building Departments for the next step in the zoning reviews and application process. An extra copy of this determination should be made available to the Building Department at the time of submitting your maps and any other required documentation to assist their offices in the next steps. Very truly yours, Linda Kowalski Enclosure Copy of Decision to: Building Department Planning Board I ! - tANSMISSION VERIFICATION REPORT I'l TIME : 04/09/2003 09:45 DATE,TIME 04/09 09: 42 FAX NO. /NAME 7654643 DURAATION 00: 02:31 S) 5 RESULT OK MODE STANDARD ECM • ITRICIA C. MOOR__r %' _ ■ -4330 , �b 1 O MAIN ROAD, S�UTH�Li. NY 1 1 i71 [51 i] 7i5 DAT r TOC2(!L7/6:U!�^-19-7tlY1--=��qael -- SUBJECT-,V_ - WC.C,CI,d_! ��a od G7-, s ,tee & d - - -- LI- G(fL /11 -� C v yle s _ W-61 - - - f � MAR SIGN J !� • - ' i I DECLARATION OF COVENANTS AND RESTRICTIONS'''. '°�-�. THIS DECLARATION made this day of by residing at , New York, herein referred to as the "declarant" . WHEREAS , the above mentioned party is the owner in fee simple of a certain parcel of land situate at Greenport, Town of Southold, County of Suffolk and State of New York, being the premises described as Suffolk County Tax Map #1000-45-01-2 . 1 and more fully described on Schedule A attached hereto, and WHEREAS, the above mentioned party, or their assignee, submitted an application to the Southold Town Zoning Board of Appeals for a Special Exception to construct a Resort Motel with 68 motel units with Kitchenettes, and one manager' s unit with kitchen, a pool house & office, pool , and beach access , as shown on site plan dated January 7 , 2002 , and as may be amended by the Planning Board, and WHEREAS , the Southold Town Zoning Board wish to impose the following restrictions , as a condition of approval , for the benefit of the declarant , his successors and assigns , and NOW THEREFORE, in consideration of Ten ($10 . 00) Dollars , and other good and valuable consideration, the receipt and sufficiency of which the parties hereby acknowledge, the declarant agrees to restrict the use and enjoyment of said PREMISES and has for such purposes determined to impose on said PREMISES covenants and restrictions and does hereby declare that said PREMISES shall be held and shall be conveyed subject to the following covenants and restrictions : 1 . Regardless of the form of ownership of the Resort Motel or the individual motel units , the resort motel will be operated in accordance with the Southold Town Code . In accordance with the p r Southold Town Code the Resort Motel shall be "rented on a daily rental basis or for vacationers or other persons on a weekly rental basis" . 2 . A Management Company, or equivalent , shall be established which will manage the day to day operations of the resort motel and shall monitor that the units are operated as a resort motel . A Board of Managers , or equivalent, will establish the rules and regulations of the complex. The rules and regulations shall be in conformity with the Southold Town Code . 3 . The Operating Agreement of the complex will provide that individual owners of the resort motel units shall be guaranteed no more than two weeks of occupancy of their unit during the prime season. The units are to be placed in a rental pool and available to the public . In the event that the unit is not rented, the owner of the unit' may then occupy the unit in accordance with the rules and regulations established by the Board of Managers . 4 . The Resort motel will be closed from January 15' through March 15th 5 . The units shall not be occupied as a dwelling . 6 . The resort motel unit shall be rented as a suit with two bedrooms, the bedrooms may not be individually rented. IN WITNESS WHEREOF, the parties has caused those present to be duly executed the day and year first above written . Y State of New York County of Suffolk On the day of in the year 2003 before me, the undersigned, Notary ;Public in and for said State, personally appeared personally known to me or provided to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that they executed the same in their capacity, and that by their signature on the instrument, the individuals , or the person upon behalf of which the individual acted, executed the instrument . Notary Public oce it, ✓ O \s 3J{ PATRICIA C. MOORS )AN 2 Attorney at Law } 51020 Main Road :) �' / Southold,New York 11971 `�~0�" Tel: (631) 765-4330 D� Fax: (631) 765-4643 Margaret Rutkowski Secretary January 27, 2003 Southold Town Zoning Board of Appeals Lydia Tortora, Chairwoman P.O. Box 1179 Southold, NY 11971 Re: Breezy Sound Corp. Dear Chairwoman and Board members : Enclosed is a copy of my letter dated October 29, 2002 which the Board did not have in their file. I hand delivered 7 copies of the letter with the internal diagram of the units, and an original brochure of "The Hermitage" located on the water in Amagansett . The Hermatage was constructed in 1983 . The units are individually owned, but they are managed and maintained by a Management Company. The Board of Managers establishes rules and regulations for the operation of the motel . In accordance with your request at the final meeting of the Special Exception application for the above project the following conditions are acceptable to the applicant : 1 . Regardless of the form of ownership of the Resort Motel or the individual motel units, the Resort Motel will be operated in accordance with the Town Code and the Resort Motel shall be "rented on a daily rental basis or for vacationers or other persons on a weekly rental basis" 2 . A Management Company shall be established which resort motel and shall monitor that the units are operated as a resort motel . A Board of Managers will establish the rules and regulations of the complex. The rules and regulations shall be in conformity with Southold Town Code . 3 . The Operating Agreement of the complex will provide that individual Owners of the resort motel units shall be guaranteed no more than two weeks of occupancy of their unit during the prime season. The units are to be placed in a rental pool and available to the public . In the event that the unit is not rented, the owner may then occupy the unit in accordance with the rules and regulations established be the Board of Managers . 4 . The Resort Motel will be closed from January 15" through March 15th. 5 . The units shall not be occupied as a dwelling. 6 . The resort motel unit shall be rented as a suit with two bedrooms, the bedrooms may not be individually rented. ( We would not recommend elimination of the door from the bedroom to the corridor. An egress door to the corridor is recommended for fire emergency access) As I stated in my letter to you of October 29, 2002, the individual investor/owner of the resort motel unit will insure policing of the rules and regulations and continued maintenance and upkeep of the complex. Individual investors are able to weather economic downturns better than one sole commercial investor. Thank you for your consideration and if there is anything else you need or additional conditions you wish to discuss please do not hesitate to contact me . ;Very ,t.7 yours, tricia C. Moore', cc : Breezy Sound Corp. I OOPYI PATRICIA. C. MOORE _...1 Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631) 765-4330 Fax: (631)765-4643 Margaret Rutkowski Secretary October 29, 2002 Southold Town Zoning Board of Appeals Gerard P. Goehringer, Chairman Southold Town Hall 53095 Main Road Southold, NY 11971 Re : Application #4942- Breezy Sound Shores Dear Board: Enclosed are items you requested at the last Board meeting: 1. The internal diagram of the hotel units is the same plan approved in 1989 (except the kitchenette was added in the "Living Room" by the architect under the current plan) . Also attached is the square footage of the units which was prepared by the architect . The rooms have direct access to egress corridors for fire and emergency purposes - the owners intend to rents the suits with two bedrooms. Moreover they will agree that the units will be rented as a suite, rooms can not be rented individually. It was my misunderstanding of the floor plan, I apologize for my confusion, please correct the record accordingly. 2 . The sales memo for "The Hermitage" , a very successful resort motel in Amagansett . The Hermitage units (2 bedroom, livingroom, dining room, and full kitchens) are owned by individual investors and operated and maintained by the management company for weekend or weekly rental (depending on the season) . The proposed units of Breezy Sound are only 600 square feet so we can not offer dining room and full kitchen but the concept of individual investors is the same . The Hermitage has remained very successful and unaffected by the economy (Not susceptible to one developer' s/owner' s financial strength- individual owners maintain their investment through mandatory maintenance fees, consequently the resort motel is kept up over the years, the units are clean and maintained as new as the first day it opened. As we have repeatedly stated, the use is "Resort Motel" , irrelevant of the overall ownership of the units . If you have any other questions or wish any other information before the next hearing please do not hesitate to contact me . ,may tly ours, a'tricia C. Moore cc : Breezy Sound Corp. tr'W //� .K.: 4, 3 Fr4 j /la . t^�� l y✓, 3 4, ' }!Iwq )'F r' AfE•Y CY f' •—Y3- +X.° "?r .. 5 i r'I -1' 'Y '4 i1 Gs` .„ �u+ l.� -2, ,,,A,,,,_(41'01,':-.41.it 5 ' X15 y .fin-y4�z,47 ' , ; (� >` 11 o t >tti `VY�� -©u � ,s--.-2:,-.5.1"- =1:'''''.,1-6, 1...... .....t,t�a 1il 5 'r�fi Kfl�d 11 Y ,,.a�'.:° al.-,th Y4'. r - F. 'T, / /4,..:-44.,..„0.0 A it• ds rt`lr_r � rtate`"s�� �-�'- `v—.i— �_'a, �T�� li132; 1•T X 11; i, — s s r,,', r;4 - ® I4, I 1:1_,(44::I r4: 1 L47"1:_, r .fi• .vN3•E +'''Z t5°x 81sk • 3 ! w. THE HERMITAGE facilities include: • Full kitchen with dishwasher `� LONG ISLAND SOUND J • Ocean at your doorstep �� EXIT 70 • Pool—lifeguard in attendance 2W� • Two tennis courts E SHORE PKWY SUNRISE HWY RTE 27 - TLI • Daily maid service ��` HERMITAGE • Private sundecks ATLANTIC OCEAN • Private storage spaces • Laundry facilities - DIRECTIONS: • Courteous staff • Seven plus acres of beautifully landscaped Take the Long Island Expressway (Route 495) East to grounds exit 70; South to Route 27 Eastbound. East on Route • Color television with cable TV 27, approximately one hour to The Hermitage. You • Airport 15 minutes away may also use Southern State Parkway to Sunrise P.O. BOX 1127 . AMAGANSETT, NEW YORK 11930 Highway (Route 27) and continue eastward to The (631) 267-6151 Hermitage. ©1984 STEPHANIE BALOGHY GRAPHIC DESIGN ,c- a - - - --c s 1,�4Atre4+ANi®et®,e,min i. t' �x-:.s rl ( e--- (` � Ifi� -W 5\.. r , ,,� g . �I I- ^ ]ii i. -'® teP' I ��L p4,EY \ .,, -mammy ®LIQ �- mars r ,h �F�cat • s omits i%r 3 I n��" `r Fi CI s � n c p -'- -t r- , .tl . 'i,• ! [ _ t wa-. s.� Ef`"�Y'E '• ,� 4 i L I .. �. t .r' ' X teRr `. P,--...,1W:4, 3 'd � � r -II* a d i 18,1 p f '':•11,1",c; 8 res r `C ,t! �r-�`��•„,5,13�;� $ Ieerinita e f � � 1,1-4.-F�a��� is an elegant ocean front retreat ,4VC/4W. ` V-tt 4ei A��' r - '` rx , Y^s.h yb VI ' „1 o-` s .,,,asi 40:-.7,-, q a f %,,,,,,?x.,,,,,,+ ,' nestled among the spectacular pristine dunes �F ,f ;: � �, } � 1 . , H� ,�4 of Amagansett.This exclusive sanctuary offers l ,r 1,n, . -`3,-4,$ { 88a 4 ; =r.�', -A:74 uniquely furnished luxurious two-bedroom units ; --��ss,,`� '= t 5� 1� i=F ggLim, �j„ . ,`'a4: 4a r C I'i 4 l4 „,n i complete with living room and dining room, t 0.q„ ,,, E x mI WM e � -, Pll full kitchen facilities and color television with ,,,x a z1 -, °” .• ` ' - ",,P),1'r4 ' �`^�" i5"�'�,`�'"t i�¢'r�"�r?a..ik^�:E.. .,>�„��mt...�t'�,,:::.'t� � {h,,,,--,_,,,71,�"�p' cable service. Private decks for tanning and . -- .� entertaining epitomize the union of sun, surf and luxury living found at The Hermitage. C7 � - Bask on the ocean beach or challenge and �-` unwind on The Hermitage tennis courts. Rejuvenate Iigi i t- 4"` yourself with a IelaXing dip in our pool. Furnishings represented in this brochure may not appear in all units. Lifeguard in attendance at poolside. ,,,._.}; �{ "{u.,l t,< A.21:„._..411 Located v fI�� t ^',kr=,w ri;f:=r th,ok,`r ! r �5:._. five miles from Amagansett, eight miles -!i-,,,,,,N O ,tt= i^a^Yu'q`tT�_-p'c ,� ciF i,f ' rs� I �t >'f; `,,..z _;s 77-" .F � r from East Hampton Village and five miles from ,'�3! � � !' A,t,.�; �.�i,'<2f5:,-�*t d' tY'�3xx�T,�t :` � h ly �7 ii r "yak s7, r..,, ,. s3, ;Fri.. a,:-;. Montauk guests of The Hermitage can take full > � .....1 � irw' .'f'"'':r i`*_ _, advantage of the amenities that make The ,"47,04%.7,44 5c Yah rar •I•4'1%-. ;'4‘44'''r tC t r Y'^ 5ii ... s ,21Z--,, ''' ; ,.,- 3 a � _ Hamptons one of the worlds most desirable y % ..5.0.-/-- t 446 w Ph�f { x<, f ',� -g, resort areas. r.:,.1";!**,,,,„ 2, ¢, 1 + i S;Pv r '7 s ' -"'4'T` 7 01 yrs ,"&^P i v ,... .Yr'a't^+*, '--.eN err'�� 4 ,-,4 r k", a,'",3. �.. 4 rt t; ;;" 'r r, ,,^, ; F Montauk Highway (Rt. 27) ca. DIRECTIONS: Take the Long Island Expressway(Rt.495)East to ENTRANCE. Exit 70 (Manor Rd.) Take Manor Rd. South to �1 m�� 4 ' Sunrise Highway Rte.27)and continue East. Rte. ® EXIT-* ,' 4, 27 will become Montauk Highway and proceed East —:r' ®• l I ` I 1� ' ,. •? ' - through the village of Amagansett.The Hermitage is e , . �� •:k�!' • approximately five miles from the flag pole. = . • ' Building_D VI ,ct` • kimI l'; 1 a li) . I c) 412-2"g— . * , v 11. l3oerdwelk : Secluded Private Ocean Beach _ , m, :-..z -�� N.Z. - Solar Heated Swimming Pool - • -; . .�- Two Tennis Courts �` �, lI�'` Color Cable TV • Private Sundecks * �� = Pool & Ocean Lifeguards In Attendance Building B m' 1s,, a . Daily Maid Service • Air Conditioned m - Telephones-• Resales Available • a o1 9--:1 : 4 x N09 Rt �� �2 Qb 5. 7:7_17_ -`yS: x 7' �t - cr � °IL )Q1,[-0 s� �' �-� t Si c t )Et 9--.s ..;a RI 1 rq(�\ ^.t"{.TFC.) L 9I -L ,$'O( S. .X , S.-,L t (il i , c .r79 5..,__ C\ 2 .a1Ct! b S c..a 1a ,7,c,Z .(az-A o1 sa % N a �. T1 .. - i iii-ig7s- S . .S.-.- 0'07. --7-F),1_1:1-�„d q9 — ---r - - '•Sc°1 d,,�ry t t ' ' .9'�i x=�' _i N 1: . 'zi1 S ;SbarrPNI-L' C.'01 C' - 1 / 1 Q'" 1 ? c"•z:...x.,„ 6,— 6l 7.,i,.4--, -•� Tcat x e, q3 ':S - XS -`-t 01-16 r t Id-C)1' E•►;g'C l e•3 12.3 x 1c), , . ► s,0 1 O 19 ,.5 ":', 14 55',U q KJ Aa("La� • V 1 • 1 (+~fin G.1(� U1V{ CL-- 'Q9t � � -v6T'-AL L1 v ff .. & -i_ -.� � 1 )'z "t^ -i� °°41 s rruz - '` r- - 14 `�39,'z.. VT— • x)4 ,- 196 c, -r �,�b 16. 5°,3 3 y 3,'s-xo� s �60h,;i ��b I3�, 1f., &)(0$'�t. 18y, bOWN .t7 Fq�7 V IY_ �.'^;1°r 0 ^e.&`'.t�(l:� (..�,,,-;; t 2,�<c:�� ����y • ri-f T Nam N c"" I` LT0 �, �3 joi\ -: c) _��.._..._.._,. µ.w ,..� ...� ..: i1,-p _ ...... ._. c 20 , c\� S 6D�. P. l � si tb ts rb • i 1( (!\1/4 '' OFFICE OF ci % �� ZONING BOARD OF APPEALS 53095 Main Road Southold, NY 11971 - Email addresses: Linda.Kowalski a Town.Southold.nv.us or ®J Paula. Quintieri(a�Town.Southold.nv.us 1 , http://southoldtown.northfork.net (631) 765-1809 fax (631) 765-1823 (alt. 9064) FAX TRANSMISSION FAX# 76 ‘g3 ATTN: Ajrce,:&qC .)7 M7v £ _ DATE: / l °b /2001 REF: aPtiyX4424 la /1,72t a j/-640MESSAGE: ,tom L ra ed LUzi )R i-4 b` J h,&4 0 -a7 a_,8± e,g(4- -: -/V ao 1 ›i6v, / .2,06a . . Please feel free E'• call if you did not receive all sheets. Town Hall hours are between 8 and 4. Thank you. Pages to follow: { A''- ,• � ,,,//Iii, r �' •0' ,SUFFOL,t'=; APPEALS BOARD MEMBERS i� 0 C �,fit, ®p Southold Town Hall dia A. Tortora, Chairwoman �'� y<` 53095 Main Road , erard P. Goehringer ; y Z P.O. Box 1179 J\ George Horning `.u.-0 .F it Southold,New York 11971-0959 ,$)yiel) Ruth D. Oliva y?I�l �aO��r�� ZBA Fax(631)765-9064 yg Vincent Orlando ilig ,•'' Telephone(631)765-1809 -.. . http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD INTER-OFFICE MEMO TO: Chairwoman Lydia A. Tortora FROM: Linda Kowalski, Board Secretor DATE: January 30, 2003 SUBJECT: Breezy Sound Shores File#4942— 1/16/03 Public Hearing This is sent as a follow-up to the January 16, 2003 public hearing, to confirm that the October 29, 2002 letter with enclosures from Patricia C. Moore, Esq. was previously received and made a part of ZBA File No. 4942 (Breezy Sound Shores) on November 1, 2002. Therefore, the attached letter dated January 27, 2003 from Mrs. Moore contains duplicate enclosures, which are again being made a part of the file record. Thank you. cc: Patricia C. Moore, Esq. w/end. ZBA Members w/end. /4 , PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 Margaret Rutkowski NOV �' a2. Secretary l October 29, 2002 ____ --- Southold Town Zoning Board of Appeals Gerard P. Goehringer, Chairman Southold Town Hall 53095 Main Road Southold, NY 11971 Re : Application #4942- Breezy Sound Shores Dear Board: Enclosed are items you requested at the last Board meeting: 1 . The internal diagram of the hotel units is the same plan approved in 1989 (except the kitchenette was added in the "Living Room" by the architect under the current plan) . Also attached is the square footage of the units which was prepared by the architect . The rooms have direct access to egress corridors for fire and emergency purposes - the owners intend to rents the suits with two bedrooms . Moreover they will agree that the units will be rented as a suite, rooms can not be rented individually. It was my misunderstanding of the floor plan, I apologize for my confusion, please correct the record accordingly. 2 . The sales memo for "The Hermitage" , a very successful resort motel in Amagansett . The Hermitage units (2 bedroom, livingroom, dining room, and full kitchens) are owned by individual investors and operated and maintained by the management company for weekend or weekly rental (depending on the season) . The proposed units of Breezy Sound are only 600 square feet so we can not offer dining room and full kitchen but the concept of individual investors is the same. The Hermitage has remained very successful and unaffected by the economy (Not susceptible to one developer' s/owner' s financial strength- individual owners maintain their investment through mandatory maintenance fees, consequently the resort motel is kept up over the years, the units are clean and maintained as new as the first day it opened. As we have repeatedly stated, the use is "Resort Motel" , irrelevant of the overall ownership of the units . If you have any other questions or wish any other information before the next hearing please do not hesitate to contact me . �3eryl , ours, / Patricia C. Moore cc : Breezy Sound Corp. 6 rz� 'il.r� �y<..•. vi.f���'-�`.`-cam `- 7_ I `^"-,- e5 *F1Tw .'e 3 Fs-by� �lj',�-yyyr.%"r�S�eY� u ��CLr+`G.3l� 'I'`M q r a},�. 7^ g_XI✓\4 .I Cem . I-.41m4 f`i ,fi. ,g , s — , � .•=41'4" v # W - ` . itz,- t, ,—, ,L -;;,:—..,.,,' 4.4.. {mi...,. f,,,?,,,i,,,,,__,,_,. 7,.---,, .7—., 1 — :,,iii,..„ ,, ,, ..;, .: .,—,„,,,,,, :,.,. .„,-,..., , ,,,,s,,,,h, ,.. , , , ,,„....,...,,, __,. ..., 1.....,ct, -----,, , ---- ' , i _,_ __ . hI • 3.Flt;mss{ • THE HERMITAGE facilities include: • • Full kitchen with dishwasher ,� LONG ISLAND SOUND J P 0 • Ocean at your doorstep �O=�I�. EXIT 70 • Pool—lifeguard in attendance / • Two tennis courts SHORE PKWY SUNRISE HWY RTE 27 THE • Daily maid service HERMITAGE s • ir Private sundecks ATLANTIC OCEAN • Private storage spaces • Laundry facilities .. - DIRECTIONS: • Courteous staff • Seven plus acres of beautifully landscaped Take the Long Island Expressway (Route 495) East to grounds exit 70; South to Route 27 Eastbound. East on Route • Color television with cable TV 27, approximately one hour to The Hermitage. You • Airport 15 minutes away may also use Southern State Parkway to Sunrise P.O.BOX 1127 . AMAGANSETt, NEW YORK 11930 Highway (Route 27) and continue eastward to The (631)267-6151 Hermitage. ©1984 STEPHANIE BALOGIIY GRAPHIC DESIGN F .i 1" P-„+J, P4;'7`r, ,7 ,.:',,a - ^a;d°� 1 d„.,^'JaiS, /,,.. • ,�n^ Fl? :�.,. ,:4 t,Y I.I,"' ^^;,,Sir.1" i,, � Y^�:.,.t. A�;?.A ,.,!^•_�.�� 'f.: h°r'�r r n��tX•1.:$x::.^iCi11'.erv.L"YN� 'r"n ><a. < t ".4:::::' 4 '-*".„':,16- : fi-.t- to7t11 IF . 'v -^ S v v1rh r4ct - ;', ? , ' t 1.'-' r S r iri - . ',au_ a k¢ TT-51717; : P : ,�� ' 1.,k 4:' T�� r+rtiir , � 1 I ,w , ah ;r�r.,,,, ,„tri yl T ar(pu =4k�r1 1,YQA i, TP -,_,.11e,.,1,A+kk,` `[ -+— •-s ',',1' r.,n i =IL-_..^,-fir. ..�--s ,S. .. • ff' ki- F' t p ,0.i J,. Jl mak: h. 'y �. ,1--t';'-'1'.:;`;'71.:-, {� :J x 3 4. �ermrtta e r - �+, Y , is an elegant ocean front retreat 4.' - s ' #°- 4+�t',,,� r s k -..� ;, nestled among the spectacular pristine dunes - 'M t re. y r ,t t 4 ' t ` of Amagansett.This exdusive sanctuary offers K gv '; VC- „01 ;° ' e; i:, s , uniquely furnished luxurious two-bedroom units !- � "t, ,; 14©”� complete with livingroom and room04,74 1%4.'1i' 0" .q 'l - g-,1',' n fig' - rt. full kitchen facilities and color television with , cable service. Private decks fortanning -,' — _a tu,..�.: : 1 ...f:112te1.V.P - '--, \ a and _ r.. }.' 'c entertaining epitomize the union of 41?...#. sun, surf and luxury living found at The Hermitage. Bask on the ocean beach or challenge and 4 x�� ��j � - unwind on The Hermitage tennis courts. Rejuvenate x4,,.tA yourself with a relaxing dip in our pool. Furnishings represented in this brochure may not appear in all units. Lifeguard in attendance at poolside. ,x.'ts"ra' ri 'fir=+m'vip•: p z..c- F'a �';t�ri";., s- ,--0- :,, 4�1Ftr-,' n 1}rv. ..r.kA;f. 1,,SIIa IYv',T`_;'v"'iti*�.'=iri.'y�l til cy'�>l L1.--'''''''',a r14+3K..._. :µ'a i,ret„ F,, >� � s 1 ,-_,,,.x},:_,gtr't > ,y.° Located five miles from Amagansett, eight miles t 0y3 t ® iy *'y pi s,it,-g-tip, .x# }ti i ', o `l=? -�..r.e' :. `',r 4 ,„e4--,p.,.„- J�. I from East Hampton Village and five miles from '14d A'nx'9, i- 44w, .R. ifltr f1t 1 t,. g 6 s 4 `' #� � � n i}n <Y r /,•,_. Montauk guests of The Hermitage can take full 'ter 'E'� „i N°w'�a s,s.'t �i'%�a::su'Pt��¢.�.�j'z3':='s �' Fl r advantage of the amenities that make The fit:� � Y'' `�` , yrs` r, .ii 1,4 "` -44 Hamptons one of the world's most desirable "` � �_A. t; ••".,--.;� � ' =P: resort areas. 4::.'`nay ." R'*i'` �4„ (( ,, E ,, . R f} i 17 ' Tee off at the nearby challenging Montauk Downs °•'w or satisfy the equestrian in you. Several riding 5 • ',� _ ) - ; « .M .. ft academies located minutes away offer wooded and -- ,r,.„•"'•,,„;1•,..,,,,4,,,, + .. � `N i +.+,..."-:%."41,:4).„....-.Z.,1,..1.;:-,; is �,`A.t aF K � ° ,) '' `t a� .,~'.- '1 waveswept beach trails. 54, .m�.oi t, '` �Y'y"1 / IN -----4.,,,-- k.V LG" •�t � ,?,,,,,4,10.1:;;;;:,14,,404,4+ ; 41 � 3 U ' Explore'Walking Dunes'where restless sands carve t'',,,211,4`,„--.0•i,t); ''j lilli ` "; ,:.w._ out an ever changing terrain. Backpack to Lost Lake or stroll the breathtaking -;,v, hrFkr • R� 7,`",,'-- '��,,z fi ;443- -,.,,, t'5 beach at Ditch Plains where spectacular cliffs, ,•• „`I`- >�c.t`� --.1-,-,'--.."'•r.. ,;` ` ;`i formed bythe last outcropof the glacial morain, '„,,64'. --: 1�._; `=w• let-y.,,,,,,,„„''`'''•,•;_ `,,'jl.` y, '",;., Y, k dive into the ocean. 3` = For the fisherman, charter boats leave regularly • 1 ,'. from Montauk docksI ''' -- y,,; , 1 .,�,;,;•-r� or discover one of the secret spots"that make Montauk a surfcaster s paradise. 's i 1��,w' > 'r - '_ �: �' i - m_.t” . v3 r7'` In Many fine restaurants, theaters, art galleries, historicip, %• • - sites and boutiques are nearby for your enjoyment. ; . .' ,! + , e : '. The Hermitage is luxury living for the �`°" discriminating vacationer. Q . w ; The Hermitage. . . where relaxation, sun and surf o r' . are the order of the day. a --_ r Montauk Highway(Rt.27) DIRECTIONS: Take the Long Island Expressway(Rt.495)East to ENTRANCE.� 1)) Exit 70 (Manor Rd.) Take Manor Rd. South to ' Sunrise Highway Rte.27)and continue East. Rte. 0 EXIT- ►ainignilliffill �i 27 will become Montauk Highway and proceed East -: ? ®• i i I u ; -- ,,, ,,, `4, , .1Fr' lar s7y.,,1 j,,r1\ rv,,f'`,J,r." .rnr.s,,,,,,i,i":'+r� iril,' "dr:' 'rt4 za r" .%.h:�. kt'h J`'Is ;l JJ° ,;trlar'.'� ,,,Jv,;"pr .�T,. :4 f wptie '",`{.• raPO'u 1 ,!' +7 a' 'iq S `Art' :T'" 'F,�' •isi4.v 1 Y..-. ,�, s,4n' r+ syr ( R ..J. f� ; ��`�+`x ^w';, r{ S' t @"� 'H,'ms's iu `• `v^" .',''',4,.;',-,%'1.T-,,,4"-`'. 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Southold �����' MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 +����•�•�,I" 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 ,,y. 1 / 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 managerts 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 • �• • i 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 pxopela 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 RINGER' CHAIRMAN RECEIVED AND FILED BY THE SOUTIIOLD TOWN CLERK DATE I},`t } `�.� '� HOUR I u V G? - n Town Clerk, Town of Southold L - PROPERTY: BREEZY SOUND CORP. SPECIAL EXCEPTION CRITERIA: LAW: PRESUMPTIVELY VALID...ALLOWS APPLICANT TO PUT HIS PROPERTY TO A USE WHICH THE ORDINANCE EXPRESSLY PERMITS....THE USE IS CONTEMPLATED BY THE ORDINANCE SUBJECT TO REASONABLE CONDITIONS TO MINIMIZE THE IMPACT ON THE SURROUNDING AREA 100-263 A. THAT THE USE WILL NOT PREVENT THE ORDERLY AND REASONABLE USE OF'ADJACENT PROPERTIES OR OF PROPERTIES IN ADJACENT USE DISTRICTS: The premises is located along the north side of County Road 48, Town of Southold, County Tax Map #1000-045-01-2.1; November 2, 1989 approval was obtained for 68 Motel Units and a manager's unit in the Resort/Residential (RR) Zone District; The project was begun but could not be completed, a limitation on the placement of kitchenettes interfered with the financing of the units. The proposed Resort Motel will not prevent the ordinary and reasonable use of adjacent properties. The adjacent property has the Sunset motel which has larger units with kitchens. The applicant has proposed small"kitchenettes"which are customary and incidental to a"resort" motel, they have also become customary throughout the Town of Southold and the public expects this amenity: the following Southold Motels have kitchenettes. Sunset Motel (adjacent property), Soundview Motel(on Route 48 within 1/2 mile of proposed project), Silver Sands Motel and Townsend Manor Inn. These Kitchenettes are prefabricated units. They are classified under the N.Y.S..Fire Prevention and Building Code differently than"kitchens"in that kitchenettes are"nonhabitable space" equivalent to the fire rating of bathrooms and closets (NYCRR 606.3); a kitchenette is very limited in its function and use, it is fundamental to a resort motel because the occupants need limited cooking facilities during their vacation. B. THAT THE USE WILL NOT PREVENT THE ORDERLY AND REASONABLE USE OF PERMITTED OR LEGALLY ESTABLISHED USES IN THE DISTRICT WHEREIN THE PROPOSED USE IS TO BE LOCATED OR ADJACENT USE DISTRICTS: The project complies with 100-263 and the Special Exception should remain as approved in 1989 in all other respects. The kitchenettes will not change the original size or design of the units (600 square feet). Simultaneously with this application, the applicant has filed for a site plan. The site plan has been enhanced to place the buildings away from the bluff. The foundations for Building"B" and"C"were constructed under the previous building permit and can not be moved. This resort motel is intended to be elegant and desirable. The amenities expected in a elegant resort motel include a kitchenette. C. THAT THE SAFETY,THE HEALTH,THE WELFARE, THE COMFORT,THE CONVENIENCE OR THE ORDER OF THE TOWN WILL NOT BE ADVERSELY AFFECTED BY THE PROPOSED USE AND ITS LOCATION The proposed resort motel will be an asset to the Town of Southold, there will be a need for motel space with the construction of the Breaknock Hall property, and the increased tourism created by the year round wineries, fall pumpkin season, and winter Christmas Tree sales. The expectations of resort motel users is to be able to prepare a hot breakfast or lunch. Most vacationers stay in a resort motel for a long weekend or extended vacation with their family and require minimal cooking facilities. The expectations of vacationers in the Town of Southold are to stay in clean, convenient, and well cared for accommodations. D. THAT THE USE WILL BE IN HARMONY WITH AND PROMOTE THE GENERAL PURPOSES AND INTENT OF THIS CHAPTER The existing motels provide this service- a kitchenette-new motels can not be constructed without meeting the minimal customary expectations of their guests. This project has been frustrated by a previously imposed condition and has not been able to obtain financing with that restriction. The Community needs additional resort motel space and the Southold Town Code intended that Resort Motel accommodate a longer stay and there is no prohibition on cooking facilities in a Resort Motel . E. THAT THE USE WILL BE COMPATIBLE WITH ITS SURROUNDINGS AND WITH THE CHARACTER OF THE NEIGHBORHOOD AND OF THE COMMUNITY IN GENERAL,PARTICULARLY WITH REGARD TO VISIBILITY, SCALE AND OVERALL APPEARANCE The exterior of the buildings has been reviewed by the ARC and Planning Board site plan review,the interior space has been modified to place a prefabricated kitchenette in the living area. All other resort motels in the Town of Southold have this amenity and the use has become customary and accessory to resort motels. F. THAT ALL PROPOSED STRUCTURES,EQUIPMENT AND MATERIAL SHALL BE READILY ACCESSIBLE FOR FIRE &POLICE PROTECTION The kitchenette will meet New York State Fire Prevention and Building Code standards. The project will meet the highest safety standards and has been reviewed by the Greenport Fire Department and has previously obtained a building permit. JrN-14-0000 IUr. 2;U5 PM SCWA FAX Na 6315630370 P. 04 SENT 9Y: MOORE; 631 765 4643; DEC-9-02. 53; PAGE 3/5 Pen05 02 Ap:3Bp P-S 8EMf BY: MOON; est les 4a43; NOV-21-02 18;08, PAGE 2 pifia) 1 /0 lb at-64N- Esurrrampir STATS This agreement entered into on the day of . ar 5 between Breezy Sound Corp. , Cliffeids Associate, and the Suffolk County Water Authority. Whereas, Breezy Sound Corp. and Ciiffeaide Associates have consmonoed an a,:tion against the Suffolk County Water Authority and the Villagit of Or'aenport, under 7ndeoc No, 98-28363, and Whereas, Breezy sound Corp., Clitfaide Associates and the Suffolk County Water Authority have agreed to Settle the action upon the terms and conditions set forth herein. Now Therefore, it is hereby agreed by and between Breezy sound corp., Ciiffside Aesooiatea and the Suffolk County Water Authority as follow*: 1. Breezy Sound Corp. is the Owner of a parcel of real property lotated on the north side of Main Road. Greenport, hereinafter ret'erred to as the property which is designated on the Suffolk County tax map as 1o00-45-o1.-01 and a description of the property is attached to this agreement as Schedule A. 2. At the proCItnt time Breezy Sound Corp. ham an application pending before the Planning Board and Zoning Board of the Town of Southold for approval to conntruCt a 68 unit report motel with kitchenettes and a managers apartment which approval would bo subject to the availability of public water, 3. The suEfolk County Water Authority shell provide Breercy -- / &If / JAN-14-2003 TUE 02:05 PM SCWR FAX NO, 6315630370 P, 05 GENT 6Y: MOORE; 631 765 4643; DEC-9-02 A; PAGE 4/5 UBC u5 Liz U2338p lam* D . YDDABj p.3 631 786 41843; Ndov•21.02 18:08; PAGE 3 Sound Corp. w.lth a Letter of water availability. 4. The Suffolk County Water Authority and lireery Sound Corp. will enter Into a contract for the installation of public water for the property prior to the commencement of construction, Breezy Sound Corp, shall be reeponeible and shall pay all the rates, feels ani chargees, prevailing et the time water service lm provided, in a cordenee With the Suffolk County Water Authority's Mules and Regu..ations for provision of public water eervio`t, S. Upon the eXecution of this settlement agreement the cuff®1k County Water Authority shall imam a letter of water availability to Breezy Bound Corp., and Breezy Soured Corp. shall be entitled to tile said letter with the Town of Southold and the surfolk County Health Department. 6. Braley/ soured Corp. and Clifteide Aaaociates shall execute general reeleaees in favor of the Suffolk County Water Authority. 7, The Suffolk County Water Authority shall execute general releasee in favor of Breezy Sound Corp. and C1iffside Associates. S. Me attorneys for Breezy Sound Corp. and the Suffolk county Nater Authority shell execute a stipulation of discontinuance of this action with prejudice, 9, This agreement shell be executed by Breezy Sound corp. and Cliff Associates and executed counterparts shall be JAN-14-2003 TUE 02:06 PM SCWA FAX NO. 6315630370 P. 06 SENT BY: MOORE; 631 765 4643; DEC-B-02 I; PAGE 5/5 ,uefe Lib of ue:S9p p.4 , Ileo OS Oz 02133a hell Esposito Ba14m539 M.1 Deo 05 0$ 02129P r"1 mow: YOON2: m ile ABI ItMf.21401 111061 MSS 4/6 drlivseed to the ettOrney ice the Suffolk Counl:y Water AaChority. lb. Me 'Suffolk Count)' Water Authority shall execute this agreement end deliver executed Dounearparte co the attorney ;or Drew Sound !keep. and e1iifoide Associated. 11_ The executed copies of the stipulation of di000ntbnuanon Met forth above shell De released once the attorneys loot rst9► of tho partlme confirms in writing co the other attorney that they have received their ten/Active documents an is set forth above. lfsider iateo ►_ Bet Ad, SIAM- .y y sr authewity • tiAV • 510 ��V\ op 3 1 LI uec Ub U2 02: 38p Dec 06 02 02: 33a Ne Esposito p 4 63147 33 p. 1 r Dec 05 02 02:28p p_ 1 MOW: MORE; 631 755 4813; HOV-21.02 I0:06; PAGE d/6 delivered to the attorney for the Suffolk County Water Authority. 10. The o'uffolk County Water Authority shall execute this agreement and deliver executed counterparts to the attorney for Breezy Sound Corp. and Cliffzide A3eociatee. ii- The executed copies of the stipulation of dinoontinuanco eet forth above shall be released once the attorneys for each of the parties confirms in writing to the other attorney that they have received their respective documents as 9e set forth above. 8 zy nd ,orp. C• • ffside As• iaten • gay: Dy: Suffolk County Water Authority By: /«/b3un, a3 �bl� SEWER AVAILABILITY LETTER n October , 2002 Patricia C. Moore, Esq. 51020 Main Road Southold, New York 11971 Re : Southold Town Planning Board Suffolk County Health Department Breezy Sound Corp. SCTM# 1000-45-1-2.1 Dear Ms. Moore : In accordance with the provisions of a Sanitary Sewer Agreement dated the day of October, 2002, the Village of Greenport shall make available for your client's project sewer service for a motel consisting of 68 units and a manager's apartment, subject to a final approval by the Southold Town Planning Board. In the event the Southold Town Planning Board does not grant final approval of the project within sixty (60) days this Sewer Availability Letter shall be automatically null and void, and of no further force and effect, at premises known as Breezy Sound Corp., County Road 48, Greenport, Town of Southold, N.Y. 11944. Dated : October , 2002 VILLAGE OF GREENPORT By :_ David E. Kapell, Mayor Cha , , ... DEC - 6 2002 D D EOLEWE I • '\( Page 50 of 99,October 17,2002 vv :A Public Hearing Transcript 2.99fri;j*CTown of Southold HAIRMAN: One statement at a time. - M' •. MOORE: My interpretation is more that yo ight want to see through it than have t' - physical barriers that's wh- we're providing the different levels of vegetatio CHAIRMAN: ich have to be conti ously maintained. We're suggesting a drip system on those s irrigation purpos= . MR. KARAVANIS: I . st want o thank Mike and his wife for coming. Some of these things could have been re'sly-, had discussions been said and courtesies months ago so we would know-it's a sh. b' we had to get to this point. Nevertheless there is concern about the closeness of the ,oas and how it's going to look. It's amazing a bunch of people get upset about the yello' line t'it was put- Stars Road never hada yellow line, it was outrageous - a yellow 'ne on Stars Thad the Department of Traffic- and also at one time they were going to .g d some lighting understand on Stars Road. Then they reduced the speed limit to 35 • eh. It's a beautiful ro. . It comes to credibility in things. I think Mike is a man of his ord, he's going to do what • - says. I respect his right to build his tennis court,but w- ant it done very tastefully. It wi be done, this was my concern, and I wanted ake that statement. CHAIRMAN: You'll give us that information. Hearing no further comment I'll make a motion closing the hearing pending we receive that information - and the inspection. PLEASE SEE MINUTES FOR RESOLUTION *** 9:23 p.m.Appl.No. 4942 -BREEZY SOUND CORP. Request for a Special Exception under Section 100-60B(4), for permission to establish new 68-unit'motel with motel office, pool house for motel guests, and motel-manager's apartment, on 7.13 total acres in this Resort-Residential (RR) Zone District. Location of Property: North Side of C.R. 48 (a/k/a North Road) (opposite San Simeon Nursing Home), Greenport; Parcel 45-01-2.1. PATRICIA MOORE, ESQ: We have a fellow who is building a- CHAIRMAN: While you're putting this up - I hate to bring this issue up but I think we should just allow everybody to take a look at this and digest it in the audience for the people who would like to see it for about 2 minutes here. Would everybody please feel free to come up - we've been patiently waiting for a long period of time and- MRS. MOORE: I've provided for the board a memo with regard to the criteria for the special exception, with the interest of time and the hour of the evening. I set forth all of the standards that are our obligation to you and I just want to remind the board that the special exceptions prohibit use as far as the zoning code is concerned and the • • a .f Page 51 of 99,October 17,2002 ZBA Public Hearing Transcript Town of Southold presumption that it will not adversely affect the neighborhood given certain reasonable conditions and all of this criteria will be set forth in the zoning code. Having said that, I have this evening with me I have the principles of Breezy Sound. I also have Kevin Walsh who is the engineer-he can address any of the site plan issues the board may have any questions on and he's also provided for the board a color rendering of the site plan so you can see the amount of and the amount of vegetation that this site has on it. We have- if you recall the history- certain variances you've seen if you were on the board - the history of this property is that in the 80's and '89 it had a building permit, and construction was started. The issue of whether or not it's a use permitted to add kitchenettes became something that the board at that time felt that the special exception and the site plan all levels need to be addressed at the beginning. That is why we are here before this board special application with the same number of units the design has been improved upon in that it was reviewed environmentally by Chic Voorhis and his group with respect to the top of the bluff the Trustees deemed a wetland area that was in the front and the town said these people with the buffer- a natural buffer-that too was added to the site plan and would obviously all be done by and Kevin Walsh here. We have addressed all of the issues that were thoroughly addressed and denied were reviewed again presently and before the site plan, at least the Planning Board staff has had reviewed along the way and it has been a fact that it is involved in a special exception. There has been a great deal of review. We've had two bites of the apple producing this application-here we are the second time around. I'd be happy to address any one of the points that are listed in the special exceptions listed by criteria, again I could go down on the line to each of the standards, but it seems to me that they are only testifying as to what they faxed us. That's why I've provided for you a . Do you have any particular questions? MEMBER TORTORA: Do you have public water? MRS. MOORE: We have public water-we have both. The application fees for the water and sewer and both . Then they received a credit report. It ended up in litigation. The litigation - the settlement at this point- in fact I have a letter from Suffolk County Waters - it's ready to be wrapped up. The Water Authority doesn't want. They both want to simultaneously sign off. The health department is reviewing the sanitary calculations, the sanitary requirements. We are dealing with them with respect to the different alternatives that are available to us. MEMBER TORTORA: The criteria that is in the code, so what I would like to do, I'd like to calculate how many units are being submitted at a ratio of 6,000 sq. ft. of land area as opposed to 4,000 because I believe it's an obstruction of Town Code that you need 6,000 sq. ft. of land area without water and sewer. MRS. MOORE: But we have it. We have it. Water and we also have the availability of sewer. Keep in mind I met with Planning a long time ago and said Valerie sewer, is it Village of Greenport Sewer or is it a system? She said it's a system it's not sewer with village hookup you would need alternatives to the village-there are alternatives to ' ` .� 1 Page 52 of 99,October 17,2002 ZBA Public Hearing Transcript Town of Southold hooking up with the village. That is the way it is,public water and sewer, and we are addressing them and have both. MEMBER TORTORA: MEMBER ORLANDO: Waste water treatment plant? MEMBER TORTORA: We couldn't get a positive number we could fix in that 6,000 sq. ft. I don't want it to come back in number. MRS. MOORE: I understand their criteria. MEMBER TORTORA: MRS. MOORE: The Health Department is looking at this as a special float and the number of units available based on the tour whether it's different alternates - there's chromoglass which is a very good alternative right now. Chromoglass system is a self contained system approvable by the Health Department. That is the same calculations as connecting the interiors of the lines and popping it into the Greenport sewage system. Those two alternatives are equal to code and the sewer calculations. MEMBER TORTORA: We need to have proof that it is going to happen before we give the special exception. That's a requirement. MRS. MOORE: I understand what you are saying, I've been in touch with them for a month, I should be getting some paperwork- it was expected today- I might have it tomorrow which is from Greenport. There's also right now the Health Department issued a variance for the chromoglass system, we are pursuing both because Greenport while they want us to hook up, they want-how much was the number, a million-up front no questions asked give them a certified check and they'll give you an availability letter. That's a lot of money up front. Rather than what has always been the house was a payment schedule at least to hook up. No, they want a million dollars up front and that imposes a real difficulty for anybody, any existing facility that wants to hook up to sewer or new facility that wants to hook up to sewer. That is something under special permit for these conditions for sewer because that's how our number calculations come up with cost, what our calculations are based on. Again, it is whatever the Health Department approves whether it's a plug-in to the building or its and that has not been decided because right now the regulations with the Health Department are in the process of being revised to allow the I think they are going to have to re-issue the engineers in the month of November. That is a very serious possibility and while the chromoglass system is a half a million dollars improvement, it was not a million dollars and you can work out the construction plans. MEMBER TORTORA: a system, you'll have to address that. MRS. MOORE: I don't know how to address it other than- 1 Page 53 of 99,October 17,2002 ZBA Public Hearing Transcript Town of Southold MEMBER TORTORA: MRS. MOORE: You can see the number of minutes to 58 because I just did the calculations for the revision, the minutes are 47 based on that 4,000 number. I did it in my computer but I didn't write it down. The number you give us is 58 is contingent on the sewers. If you don't get sewers, whether it's chromoglass or connection to Greenport we have to come back to you, and they understand that. That's how they got their building permit initially. CHAIRMAN: In 1991 we - actually prior to that we went through a SEQRA process - we started with 77 and ended up with 66 or 67. MEMBER TORTORA: 68. CHAIRMAN: Well one was a . I think what Mrs. Tortora is saying is they've given a fair amount of time while you're working this out, you can tell us what you will finally come down to what you will reduce the number of units to: MRS. MOORE: We will not come down below 58. 58 was - you guys cut them back- to the point where they'd have to stop the process because it wasn't financially- CHAIRMAN: We didn't stop- MRS. MOORE: No, the economy- CHAIRMAN: The paper process. MRS. MOORE: Well, the paper process, now we've done the paper process again and through the paper process 58 has been justified again. So you have-it's not healthy or acceptable. They have reached a bottom line number from 89 in building historic connections and chromoglass and engineering everything is down. The number of units hasn't been increased - you haven't asked for and given the Village of Greenport's blackmail on the part of the sewer, you couldn't ask for the maximum. They came in, said listen, we've got the standard, we can't reduce it down any further, that is the bare bones. It is a 7 acre parcel. We just got today the letter from the SCWA with the exceptions to verify- CHAIRMAN: We're also here to discuss the issue of-what shall we call it- efficiency? MRS. MOORE: It makes it a- it's a resort motel -the point of the motel is to what the use has to be. It's not, again, it's to be used by other motels in the area, whether they were resort motels or otherwise-you call up any motel in the evening and there are little kitchenettes that are available because that is the going thing. That is what people's expectations are. When you travel and I travel - that is almost an amenity as a bathroom would be in your room. You need to have a kitchenette to make it available to families to Page 54 of 99,October 17,2002 ZBA Public Hearing Transcript Town of Southold be able to be there 24 hours a day or even just for people on a fixed income who don't want to go out to a restaurant every single night or you may go out to dinner,but not to lunch, that's the basic consensus we have that's why we are here. Otherwise they couldn't go down there with the special permit without the permits and it would take a number of months and all of the reviews and other stuff. CHAIRMAN: Who is here to discuss the size of the unit and to discuss the size of the kitchens? MRS. MOORE: Well, we can discuss the size of the kitchens. Do you want the square footage? CHAIRMAN: No, I want you to tell me if there's an engineer here who can tell us- MRS. MOORE: Yes. We have a specific unit- I think it was - it has a little half a kitchen unit. It has a little stovetop, 4 burner. There was a photo included early on. CHAIRMAN: We had the same discussion with Henry Raynor in 1991. They are a little more neuveau riche at this point,but I want to discuss the size of the unit in relation to the size of- MRS. MOORE: The size- CHAIRMAN: When I say the size of the fixed unit that goes into -no, the unit of the motel. MEMBER ORLANDO: The room. CHAIRMAN: Yes, the room. MRS. MOORE: The room is 600 sq. ft. CHAIRMAN: The room will be 600 sq. ft. MRS. MOORE: The total is 600 sq. ft. I have the interior layout as part of the package. CHAIRMAN: I need it in the record. MRS. MOORE: It is in your record in the packet. CHAIRMAN: I understand that but I need it in the verbal record. MRS. MOORE: Okay, orally. But understand that your record consists of all written documentation, my bottom line- Page 55 of 99,October 17,2002 ZBA Public Hearing Transcript Town of Southold CHAIRMAN: All those people that aren't here that are going to read this record, I mean it's part of that record. MRS. MOORE: There is the kitchenette included as part of the living unit. It consists of a living area and two bedrooms. All together it cannot exceed 600 sq. ft. which is the same way the code read before,maybe 9 without a building permit on it, actually the applicant's plans were the same ones we used. The architect provided the certification to that effect, and it's still good. There is in fact, depending on the unit, some are 599, others are a little over 600,but they seem to comprise 89-600 maximum. CHAIRMAN: Is that considered a suite? MRS. MOORE: I guess that's how you market it. It's the living area where you have the television. CHAIRMAN: But each unit will have 2 bedrooms. There will be no units that will have less than 2 bedrooms. MRS. MOORE: No, actually what happens is the rooms have connections, so you could actually rent a room without the kitchenette and the rooms attached to it. So there is some flexibility. That's the makeup of the units. If you went there with your wife, and you do not care about a kitchenette, you would possibly rent one room. CHAIRMAN: You could be excluded from the kitchenettes. MRS. MOORE: You could be excluded. CHAIRMAN: You have to come up and we need to swear you in, sir, so would you stand up? Can you raise your right hand? Firstly, we want to know who you are. BYRON CABOT: Byron Cabot, I'm the owner of the property west of- CHAIRMAN: Do you solemnly swear the information you're about to give us is the truth to the best of your knowledge? MR. CABOT: Yes I do. The question I have is when she mentioned that the rooms may be adjoining, does that mean that you have 2 apartments making the total square footage from 600'to 12,000'? MRS. MOORE: No. MR. CABOT: Or 1,200? MRS. MOORE: No. CHAIRMAN: Just a minute, this question is to the board. Page 56 of 99,October 17,2002 ZBA Public Hearing Transcript Town of Southold MRS. MOORE: Fortunately we have the architect with the plans. Their way to describe it is that the living area has a 5'wide kitchenette right in the center. Then it has a bedroom with a door and a separate bedroom with a door. That is the one unit. There is no- CHAIRMAN: Do you think the architects reduce this to a plan minded situation as far as - so that we could put this up on a board in here and everybody could understand it? MRS. MOORE: You're looking at a well dyed thing, and I'm not criticizing anything, it's probably been photocopied a few times. MRS. MOORE: This is actually an original blueprint. CHAIRMAN: I want to be able to visualize this up here, I want these people to be able to see it. MEMBER ORLANDO: You want a blow up of a singular room with a kitchenette. CHAIRMAN: Yes, and let's see how the movements go, let's see how everything works out. Let me just tell you this gentlemen. You think that we are kidding around, we're not kidding around. This is where the breakdown of communication was in 1991. I've been here since 1980. I don't know if I'm going to exist past year 2002,but I'm telling you if you want to sell it to us let's get it down and let's get it down now. Let's get it so we understand what the story is, what the movement of the walls are, who gets what, and where it goes, then we will all be able to make a decision. We are one member less tonight, and I'm sure this member who was a Town Board member wants to see the movement, and we want to be able to get it down right. MRS. MOORE: Okay. CHAIRMAN: In the interim, we will have any other specific things that you are getting approvals on, and we'll set a date now for a final hearing, and we'll have everybody else understand it at that point. MRS. MOORE: I'm not sure I understand (inaudible) CHAIRMAN: Well that's one request that we just had. MRS. MOORE: That's okay. They are still coming up with things. CHAIRMAN: I just like to set the ground rules in the beginning because then we know where we are going. MRS. MOORE: As I understand it's an internal layout of single units. Page 57 of 99,October 17,2002 ZBA Public Hearing Transcript Town of Southold MEMBER HORNING: I'd like to ask a few questions before we jump to audience. In the written submissions here you're citing several motels in Southold Town that have so called kitchenettes in them and you wish-to your knowledge is that all there are? MRS. MOORE: Is that it? I don't know if that's it, those are the ones I called. When I called to say, can I rent a room with a kitchenette, the answer was yes. Personally I called most other hotels in the area that would be comparable to what we have here. Could I call all of them? I could,but- MEMBER HORNING: I was just curious because I'm interested in the percentage of kitchenettes as a percentage of the total room in these facilities and in the facility that you're proposing. In other words 68 units,how many kitchenettes? MRS. MOORE: 68. MEMBER HORNING: 68, okay,because you were just saying there were rooms available without kitchenettes. MRS. MOORE: No, no, no. In the complexes, there is a living area, with 2 separate rooms attached to that living area. Could you separately use them and say you have a family, 2 separate couples. One has a bedroom with a kitchenette because one is always going to be attached to the kitchenette. The other one could be a separately rented room. It's designed in that way that it could have some flexibility. MEMBER ORLANDO: Two separate access. MRS. MOORE: It has- MEMBER ORLANDO: People can come in and out without connecting- MRS. MOORE: Ideally, if it's a family that comes in, they are going to want the kitchenette, presumably,you're not going to want to have your kids sleeping in the same room with you,you're going to have use for a second bedroom. MEMBER HORNING: If I understand it correctly, 100% of the 58 600 sq. ft. units will have kitchenettes. MRS. MOORE: Exactly. The way the code reads is that each unit,motel unit will have the kitchenette. MEMBER HORNING: I've stayed in many rooms in the Townsend Manor, and none of them have kitchenettes, except one that I accidentally ended up in. I was just curious because, they may have 10% in their facilities. MRS. MOORE: Right. Keep in mind that they all added kitchenettes I guess without the Building Department because I couldn't find record of it at the Building Department. So Page 58 of 99,October 17,2002 ZBA Public Hearing Transcript Town of Southold they presumed it to be a permitted use and an alteration to the existing resort motels that this applicant has been asked to submit a special permit and specifically include (inaudible). MEMBER HORNING: I have a quandary with that myself because I don't read the code. I can't read into the code and concur that kitchenettes are allowed in resort motels. MRS. MOORE: I would disagree completely. If you read the definition of transient motels vs. the definition of resort motels, transient specifically says no cooking. MEMBER HORNING: That's correct. MRS. MOORE: While resort has no such indication. MEMBER HORNING: What I read on it is resort motel calls for available for use as sleeping quarters on a daily or a weekly basis. MRS. MOORE: Yes MEMBER HORNING: On a transient, they make it available for sleeping and living quarters, but no cooking facility. I see it as kind of a mystery there. Sleeping and living in the transient one,with no kitchenette,but no sleeping in the resort motel with no mention of anything else. MRS. MOORE: That does not make sense. You're reading it a certain way but there has to be some logic in how it's read. MEMBER HORNING: The logic mystifies me. MRS. MOORE: Well, could it have been more clearly addressed? CHAIRMAN: We have another question here from Mrs. Tortora. MEMBER TORTORA: Actually, I'm going to play devil's advocate. The real bad guy here. If you talk to people in the business, the motel business is it's washed down, closed up, - I mean they do a booming business during the spring, summer, when we get into the fall months and the dead of winter . Here we have all these units with nice little kitchenettes in them-what's to stop them in the dead of winter from just being rented out as apartments or any other use. On a limited time basis- MRS. MOORE: I honestly don't think the code allows that because on a weekly basis a motel use is not a dwelling. A dwelling is year-round habitation. We could covenant - the owners are very willing to covenant the maximum stay. Be it two weeks is the maximum stay for a vacationer. They have no objection to that. That's what they want this for which is the board entered it. I would disagree with you that I think that's even in the description, and yes, February is a lousy month to be on Long Island. But aside from, • �- til ) Page 59 of 99,October 17,2002 - ZBA Public Hearing Transcript Town of Southold I mean you also have holidays, you have Christmas, you're going to have the Peconic Landing facility that has a huge amount of members in it and have a lot people that have families that are going to want to come out and stay. We're going to have to have something, I think it's going to generate a demand. The Christmas trees that are sold all over- our season is now almost year-round because of the wineries. I would say that it's not necessarily the summer season, the fall season alone. I think it has extended into everything but into the winter in terms of seasons. At this point they would be willing to close down January, February, and March? CHAIRMAN: Wait a minute. We need to know who the gentleman is who spoke. MRS. MOORE: I'm sorry, this is Ken Tedali and Neil Esposito. MEMBER TORTORA: I want to get this down for the record because I don't want to-. Is it our understanding that you plan to close it for around three months? MR. ESPOSITO: January, February, and half of March. MRS. MOORE: About March 15th? MR. ESPOSITO: I would say about March 15th MEMBER ORLANDO: That's basically the winter. CHAIRMAN: Let me swear you in. Do you solemnly swear the information is the truth to the best of your knowledge? MR. ESPOSITO: Yes. One of these is built out in Amagansett called the Hermitage- CHAIRMAN: I know it well. MR. ESPOSITO: I built it back in '83-'84. They all have little kitchenettes, individual units,but they have to rent them out for the new season and in January, February, and half of March the units are drained, the complex is closed. MRS. MOORE: Same thing at the North Fork Motel. CHAIRMAN: When the North Fork Motel was granted I sat on this board, which was in 1981, and it was the nature of the first lawsuit I was part of. MRS. MOORE: I know that as well. CHAIRMAN: And every one of those units did not have kitchenettes. They have kitchenettes now. You know what that is,that's a subterfuge. Because of the way the law is written. That's my opinion on the whole situation. And they are 275 sq. ft. approximately because I measured number 27 twelve times. That's the one we used- • p r ( Page 60 of 99,October 17,2002 ZBA Public Hearing Transcript Town of Southold MRS. MOORE: That place is still doing quite well, and I've recommended several people who bought and sold there, and it is an affordable way of coming out and visiting. CHAIRMAN: No question about it,but they were not granted by this board for the sole purpose of having kitchenettes. I'm just telling you, I'm making a general statement. MRS. MOORE: I understand that the courts though rule as far as the ownership and you were told that you had to- CHAIRMAN: It's like getting 10 year by acceptance. MRS. MOORE: Anyway. CHAIRMAN: Any other questions from the board at this point? MEMBER ORLANDO: I just wanted to clarify, so you're basically closing for the winter. Have you done a traffic study? • MRS. MOORE: There was an environmental impact statement, everything was addressed. MEMBER ORLANDO: So, there would be a light put out there? MRS. MOORE: In fact the state, we met with the county and what they did was they located an entrance directly across from San Simeon for safety, and that was their recommendation. CHAIRMAN: There was also the condemnation situation which occurred in my office which caused- I'm not part of that plan sitting on the board-the widening of the roads. MRS. MOORE: They had that in mind. MEMBER ORLANDO: You can rent a room there without a kitchenette? MRS. MOORE: Yes. The way I see the layout, you can rent a room separately from- MR. ESPOSITO: We do have a brief, simplified version of the room sizes. To answer your question, the average living room is 16x14 with a 5 or 6'kitchenette stuck in the corner. The bedrooms are approximately 12x10. CHAIRMAN: Do you understand what I'm requesting so that we can understand- MR. ESPOSITO: I have one and I think it's in my files. MRS. MOORE: I'll look in my file before I leave- Page 61 of 99,October 17,2002 ZBA Public Heanng Transcript Town of Southold MR. ESPOSITO: Because it simplifies a version of a unit. MEMBER ORLANDO: And the 300 sq. ft. living room includes the kitchenette. MRS. MOORE: Yes. MR. ESPOSITO: It's just a- MRS. MOORE: It's a pop-out kitchenette. This is a quarter unit, it has a living area, here is the kitchenette. This is one room, and you can see that you could block it off, and you could have it used separately,then the other is connected. So it gives a little flexibility on the- CHAIRMAN: I'm just waiting for the simplified version. For the people that are here, and the people who know me, I'm wearing this hat because the lighting in this place has destroyed my eyes, and it's really starting to get to me at this point. I apologize,very shortly I'm not going to see anything. I think we have to get into any comments in the audience at this point and pick a date for the recess, and give us the movement that I'm requesting at this point. MEMBER HORNING: Can I ask one more question? Again, the 68 two bedroom unit- a bedroom could be rented without the kitchenette supposedly. Is that correct? MRS. MOORE: Yes. Keep in mind that the number of bodies in those rooms stays the same. If you have two rooms, you could have one person renting one room and one renting another one. MEMBER HORNING: 68 units -you could call it a 136 room hotel - could you not? MRS. MOORE: We did not intend it to be that way. It is the same square footage that is - the units, the 600 sq. ft. unit is broken up is such a way it gives flexibility to a family or to two couples that come separately. It is not an intention to rent 100 -whatever double is - it is the same square footage with the same number of bodies that could max out a 600 square foot. So square footage wise, it is identical. We wanted to design it in such a way so as not- CHAIRMAN: Is there anybody in the audience who would like to speak for or against this project? Jack I'll be with you in one second. That may not be here in a future date which we have not set yet. I have a case in mind,but I will, now I'll let Mr. Levin. Mr. Levin, would you like to come up and say something, sir? Mr. Levin, I've known you for many,many years,but I haven't- JACK LEVIN: My name is Jack Levin. • • Page 62 of 99,October 17,2002 ZBA Public Hearing Transcript Town of Southold CHAIRMAN: I have to swear you in. Do you solemnly swear the information you are about to give us is the truth to the best of your knowledge? MR. LEVIN: I'm very much interested in the procedure this application. This is 67 kitchens obviously. The sunset motel is adjacent to the east. They had the unfortunate incident of losing a building by fire a couple of years ago and they asked to re-build, they said you can just replace what you had -there's kitchens in the 8 rooms. People from the town came down, and thought they would do us a good will - if you eliminate the kitchens, you won't need a permit. At that point in time, we had to get outside help to get this permit- I don't know why we had there were two kitchens, they were only being replaced. As far as this project, it is very rare, they are not motels, they,are condominiums or apartments right there, CHAIRMAN: Thank you. Anybody else like to speak at this point? Go ahead. I need to know your name. BRUCE GARATANO: Bruce Garatano, I'm the owner of the Blue Dolphin Motel. CHAIRMAN: The new owner? MR..GARATANO: I am the owner and proprietor of the building. CHAIRMAN: Do you solemnly swear the information you're about to give us the truth to the best of your knowledge? MR. GARATINO: Yes. My concern about this project is the fact that what the impact will be on the rest of the community on the rest of the motels, on the rest of the B&B's in the area. They are proposing 68 units and now telling us they can break these units up into 100 and something units. I think this is something that the board should seriously consider their way out and their use for the property. It seems that there's an ulterior motive, and I just would like the board to review this and make sure they are doing the right thing. CHAIRMAN: I trying to understand the break-up, and that's what I'm trying to do at this meeting. MR. GARATANO: The break-up is that they,by their drawings,by their renderings - is that they are going to condo co-ops, going from- if you have two rooms in these apartments, that houses 4 people, that's 4 people per unit in 68 units. That's going to impact our community immensely- the local businesses, the local B&B's, the rest of the motels in the area. I would hope that you would not allow a Holiday Inn type atmosphere here in Southold Town. CHAIRMAN: Thank you. , Page 63 of 99,October 17,2002 ZBA Public Hearing Transcript Town of Southold MR. LEVIN: Can I add just one more thing? The impact of the traffic on that highway, thousands of cars going to Orient,back at the curve there at the entrance is one of the most dangerous curves in Southold Town, from Orient to Mattituck. That would create havoc. CHAIRMAN: Thank you. BYRON CABOT: I was just going to speak my support for Jack. I think one of the big problems with it, it's being presented as a motel, and I think Jack runs a legitimate motel, and from the description of this project, discussing the normal understanding of a motel, and how a motel operates. This is basically a timesharing unit that the developer wants to get his money and get out. I don't think this is going to be a positive contribution to this community. I don't think that the Town of Southold would be interested in monitoring this sort of thing. They say they are going to shut down in _ January, February,and March. What are you going to have police-how are you going to enforce this sort of thing? I know you said and under,but nonetheless- CHAIRMAN: In covenance,but can I just have your name for the record please? The information you're about to give us is the truth to the best of your knowledge? MR. CABOT: Yes it is. I would like to know, I don't know of any motel that is 600 sq. ft. anywhere that I've ever stayed in. A hotel that I've stayed in was basically 12x20. CHAIRMAN: That's why I asked if it was a suite or not. MR. CABOT: Suite, or apartment condo. I mean, how do you break up 2 bedrooms to support 2 individual families with one door? CHAIRMAN: You have to wait until we get to the next process, and that's how the whole thing flows. We are going to put it up on the board, and we are going to learn and understand that. That's the best I can do for you at this point. Remember that these hearings usually end up being preliminary hearings, and then we get into a final hearing situation. We are always generating questions and the questions are inputted questions from the audience. They are questions that are inputted by the individual members of this committee, or this organization. At no time do I ever want to see anybody sitting back and not wanting to ask a question when there's an issue here. The issue is I'm not going to review this blueprint that I can barely see from here at this point. I want to see it plain, I want to see it nice. I want to see it as an example of which one of these units go, with surrounding units so that we understand how this whole thing comes together. Thank you. Miss Moore? MRS. MOORE: We will provide you with eventually with, I know I have in my file that I've highlighted for the Planning Board actually at one point and the code allows 600 sq. ft. . It's not our intention to double anything or increase or whatever. This will work it out so that it works and we have no problem with that. That is the intention here. • Page 64 of 99,October 17,2002 ZBA Public Hearing Transcript Town of Southold CHAIRMAN: We weren't indicating that was your intention,we're just saying we need the input. MRS. MOORE: I'm not trying- CHAIRMAN: We are in court. It's fine. MRS. MOORE: It's a good observation, and certainly we'll address it and it's not the intention here. We're following the code- MEMBER ORLANDO: So it won't be like, I'm sorry. MRS. MOORE: We are following the code, and it was designed with that in mind. With the same code, for purposes . We thought this was a one year process to re- activate the site plan and everything has taken three. They have used the same architectural plans that were approved, and building permit from 1989. We'll take those and show you how it's laid out and if you need to see how it's laid out, we'll show you, and if you need us to close off a door, we can do that. There's flexibility. CHAIRMAN: We have one more question. MEMBER ORLANDO: So you will not be following the Amagansett suit by individually selling them? MRS. MOORE: That is a possibility that what happens is, you can buy, as an investment so you have individual investors buying a unit. They must participate in the motel aspect of it. So in other words, if you buy a unit as an investment, you may use it for a week or two weeks,but aside from that, it must be in the rental pool as a motel use. It's a form of ownership. MEMBER ORLANDO: Who maintains it after it's been purchased? MRS. MOORE: The association of owners actually monitors it to be so that's how we survive all the economic cycles,because you don't have the developer who builds it, I mean he may end up keeping it,but let's assume that the developer isn't making money, the economy goes bad, and it just doesn't work out. The individual investors are going to want to secure their investment and the other members are also going to walk out to their investment and be sure the facility is used in it's nature as a resort motel. It cannot change it's use -just to be used for 2 different things. You can own it as, my parents have bought time shares and this is not a timeshare, but as an example, you can buy a time share and you know you're going to have one week or two weeks time use of the facility, and you can carry it on, and sell it to your children and grandchildren. But the use remains the same. It is going to be used as a resort motel and no variation of ownership, whether it's owned by an individual or owned by individuals, it doesn't change that use. Page 65 of 99,October 17,2002 ZBA Public Hearing Transcript Town of Southold CHAIRMAN: Do you have to file for with the Secretary of State to create a- MRS. MOORE: Depending on how it's owned, you'd have to - anytime you- even a line of subdivision if you have a common road, you have to file some kind of-there's always a state regulation anytime there's money collected and it's overseen. CHAIRMAN: Before Mrs. Duffy who would like to speak in the back would like to get up. I am going to request and I'm sure this is not going to be. Cap is not going to sit too well with this,but I am going to request an adjournment to January 9th. We have no other time. We are so inundated with hearings in the later part of this year. I don't know what to suggest here. MRS. MOORE: Keep in mind we've been waiting many months to get to this point, and we have to get back to finish the site plan. We are not done yet, and if we keep waiting, the economy is going to take, and we'll be back in the 80's all over again. CHAIRMAN: We don't want that to happen. MEMBER ORLANDO: Don't say that. MRS. MOORE: None of us want that,but that's always the fear that you know, here we've waited three years through a very strong economy,just when we finally get to the point of making a decision. If you could at all put us as the last hearing of the night or whatever- CHAIRMAN: Preliminarily, I'm going to go with January 9, 2003. We can change that at any time, and I'll let you know what's available and how the calendar looks for December 5th,but as of right now, we are on February's schedule, or actually we are in March of 2003. MRS. MOORE: I filed it 3 years ago, it shouldn't take this long to get through the special permit. CHAIRMAN: I understand,but as of right now, it will be January 9th unless we can grab some additional time. MRS. MOORE: Maybe you can schedule a special meeting. CHAIRMAN: Mrs. Duffy, do you want to say something? I know you are an elected official of this town. I've known you for many years, you are a gent from- DARLENE DUFFY: My name is Darlene Duffy, I'm not here as a member of the Board of Assessors, I'm here on a personal level. My family owns the Silver Sands motel. I just want to ask how many bathrooms are you going to put in? /, Page 66 of 99,October 17,2002 ZBA Public Hearing Transcript Town of Southold MR. ESPOSITO: Two bedrooms, two small bathrooms. MRS. DUFFY: So we are talking 68 units . I think that's really important, I was thinking there was a motel there for a while, when you're talking co-ops and condos, as I remember, so it just seems a little strange. CHAIRMAN: Okay. MRS. MOORE: I'm so happy that rest of the hotel/motels in the community embrace another project that they have. The use is what-there is no question about it- it is what it is, and that's what the code says. We operate it that way. Nobody watches over these particular motels to see if people rent for a day or a week, or a year, or whomever they choose to rent to. As far as an assessment goes, a condo is assessed as rental unit. However it's owned, the courts have said ownership is not of the criteria in which you are reviewing this application, it's the use. We came up with some other covenant where ownership means under the state law -that would not be the deciding point, it's the use, the motel use. To call it anything else- CHAIRMAN: I need you to understand one thing ladies and gentlemen. This is a preliminary hearing. We need to get on with the schedule. I don't want to restrict you. Mr. Tedali,you want to say something? MR. TEDALI: The units, if someone could go out to Amagansett and look at the permits there. Individuals out there own their own units, like investors, like myself, I want to buy a unit for$150,000 and you want to buy a unit for$150,000. CHAIRMAN: Hold it,hold it,hold it. MR. TEDALI: Now listen,have an open mind. You cannot use your investments, you owe $150,000 down, and you have no right to use that unit as an investment. The management company rents your unit out. Let's say at the end of the year you made $21,000 - from an investment point of view, that's pretty good. People who invest in these units will actually get a check at the end of the year. It's something positive. The ownership is insignificant. If somebody owns a unit, and it's in that rental pool, they take care of it. It's not like if I own the complex, I rented out all 68 rooms with contract subs, what should you do? You'll get anybody to rent it,but when you have 68 owners and they have bylaws to follow they just cannot rent it to anybody for 2 or 3 months. They can't do it because there's going to be covenants of how long you can rent out the unit. CHAIRMAN: That's similar to the Montauk Manor, isn't it? MR. TEDALI: It's done quite a bit. There hasn't been a new resort motel in Southold in 7 years. Three years ago, we were going to re-institute half-acre lots, and that's through zoning, you could only do half acre lots. We submitted, and the Planning Board said no, we want your motels. We were happy to do half acre lots,but they said they'd like to Page 67 of 99,October 17,2002 ZBA Public Hearing Transcript Town of Southold have the motel, and if you could go out from Montauk, and look up some of the eastern ones, too -you know I bring up the Hermitage in Amagansett, it's run beautifully. Individuals have responsibility to maintain that unit after the season. They go look at it, the furniture has to be replaced, they replace it. The ownership it deceptive, the people invest in these kind of deals now, it's a form of investment for them,better than the stock market. CHAIRMAN: Thank you. Mrs. Duffy, do you want to say something else? MRS. DUFFY: I just want to say one thing. I didn't mean to insult Mr. Tedali,but I don't know, 136 motel units on 7 acres is a lot. It's interesting because, I might buy one of these because I know what he's talking about- it is a good investment. I understand about the ownership, you know. But when you call it one thing and it's something else, it's a different thing. And I don't know who's going to monitor it,because people aren't living there all year. I don't care if they live there all year. It doesn't matter to me. The only thing that the town really has to understand that it's not rented out on a year round basis, or lived in by a family. What you want to avoid is kids being raised in there and going to school from there. If they are going to be taxed like a rental unit, it is not taxed like a home. The Board of Assessors, who I'm not representing tonight for co-ops and condominiums. They have to be taxed as a rental unit like a hotel room. You aren't taxed like a resident in an individual home, 600 sq. ft. is a pretty big unit. It's 2 bedrooms, you could put a small family in it, and the way things are around here, you can squeeze quite a few people in 600 sq. ft. the way it goes now. I'd like you to be mindful of that. CHAIRMAN: That's why were we interested to find out if they were required to file with the Secretary of State,because that is the key to the shutting of the motel down during the winter season. MEMBER TORTOLA: Couldn't that always be changed? CHAIRMAN: I'm not an attorney, but I think it's difficult. MRS. MOORE: If you're open a certain number of months a year, and you're closed for the winter. CHAIRMAN: That was the key to that question. MRS. MOORE: We want this to be an investment for someone, but it is not to be a dwelling for anyone. We do not want it to become a dwelling. We do not want to have families living there. Any children in the school district should not be placed for permanent occupancy. MEMBER TORTORA: Could you give me some information if I want to buy one of these units? Page 68 of 99,October 17,2002 ZBA Public Hearing Transcript Town of Southold MEMBER ORLANDO: Literature. MEMBER TORTORA: I'm very curious, in Amagansett. Do you have information? MR. TEDALI: We built it 19 years ago, and I'm completely out of it,but yes, they'll give you the information. MEMBER TORTORA: Just submit it to the board so we can review it. MR. TEDALI: This is somewhat common nowadays with- MEMBER TORTORA: I'm familiar with it, I'm want to see how you offer it in writing, etc., as a point of reference. Fair enough? MR. TEDALI: Got it. MEMBER TORTORA: Thank you. CHAIRMAN: I need to take a question over here, Mrs. Duffy. You know if you use the microphone, you need to be sworn in. You solemnly swear the information you're about to give is the truth to the best of your knowledge? NEIL ESPOSITO: I have been part of the Hermitage as the first president to the Board. We opened it as a twelve month operation. After a year we found out it was not insulated enough to expand the weather, so to speak, or go without heat. The board itself voted to close the buildings. The buildings become drained after New Years Eve. They still do it, and I'm still an owner, and I still participate. The rentals are very high They are good through September. They take them down after that, and they(inaudible) and it opens always in time for the Saint Patrick's parade in Montauk. That's when the season opens in Montauk, and it's maintained by the professional managers and a board of directors who look out for the welfare of the units. If you have a or pictures now at this point giving placement, they are having the systems replaced. It's not that it's run down, it looks as good as when it was built. The people who originally bought there are now selling for three times what they were originally sold for as investment units. In high season, the open front units rent for$4,200 a week. CHAIRMAN: I need to close,recess this hearing at this point. I appreciate everybody's information and questions. I'm suggesting a recess for Clara until the meeting of January 9th. If there is any change on that we will advertise it, and that is what I'm offering as a resolution ladies and gentlemen. MEMBER ORLANDO: Second. CHAIRMAN: All in favor? All ayes. We'll let you know if there's any changes. Thank you. While we're setting up for appeal#5182, we are running out to get some water we'll be right with you. ;,.: v-2 01\4\°I/ c' Page 38 of 74,October 17,2002 ZBA Public Hearing Transcript _ Town of Southold ? It's amazing a bunch of people get upset about the yellow e that was put-Stars Road never had a yellow line,it was outrageous-a. ellow line on Stars Roa. e Department of Traffic-and also at one time they n were going to add some ligh :`Lunderstan. : Stars Road. Then they reduced the speed limit to 35mph. It's a beautiful road. It comes to edit)* ' in things. I think Mike is a man of his word,he's going to do t what he says. I respect his right to t•id his tennis court,but we want it done very tastefully. It will be done,this was my concern, wante. , •ake that statement. CHAIRMAN: You'l live us that information. Hearing no further comment I'll make a motion closing the hearing pending w,'receive that information-and the inspection. PLEASE SEE MINUTES FOR RESOLUTION 9:23 p.m.Appl.No.4942-BREEZY SOUND CORP. Request for a Special Exception under Section 100-60B(4),for permission to establish new 68-unit motel with motel office,pool house for motel guests, and motel-manager's apartment,on 7.13 total acres in this Resort-Residential(RR)Zone District. Location of Property: North Side of C.R.48 (a/k/a North Road)(opposite San Simeon Nursing Home),Greenport; Parcel 45-01-2.1. PATRICIA MOORE,ESQ: We have a fellow who is building a- CHAIRMAN: While you're putting this up-I hate to bring this issue up but I think we should just allow everybody to take a look at this and digest it in the audience for the people who would like to see it for about 2 minutes here. Would everybody please feel free to come up-we've been patiently waiting for a long period of time and- ,s`1� 1. MRS.MOORE: I've provided for the board a memo with regard to the criteria for the special exception, r with the interest of time and the hour of the evening. I set forth all of the standards that are our obligation to you and I just want to remind the board that the special exceptions prohibit use as far as the zoning code is concerned and the presumption that it will not adversely affect the neighborhood given certain reasonable conditions and all of this criteria will be set forth in the zoning code. Having said that,I have this evening with me I have the principles of Breezy Sound. I also have Kevin Walsh who is the engineer-he can address any of the site plan issues the board may have any questions on and he's also provided for the board a color rendering of the site plan so you can see the amount of and the amount of vegetation that this site has on it. We have-if you recall the history-certain variances you've seen if you were on the board-the history of this property is that in the 80's and'89 it had a building permit,and construction was started. The issue of whether or not it's a use permitted to add kitchenettes became something that the board at that time felt that the special exception and the site plan all levels need to be addressed at the beginning. That is why we are here before this board special application with the same number of units the design has been improved upon in that it was reviewed environmentally by Chic Voorhis and his group with respect to the top of the bluff the Trustees deemed a wetland area that was in the front and the town said these people with the buffer-a natural buffer-that too was added to the site plan and would obviously all be done by and Kevin Walsh here. We have addressed all of the issues that were thoroughly addressed and denied were reviewed again presently and before the site plan,at least the Planning Board staff has had reviewed along the way and it has been a fact that it is involved in a special exception. There has been a great deal of review. We've had two bites of the apple producing this application-here we are the second time around. I'd be happy to address any one of the points that are listed in the special exceptions listed by criteria, again I could go down on the line to each of the standards,but it seems to me that they are only testifying as to what they faxed us. That's why I've provided for you a . Do you have any particular questions? r 1 MEMBER TORTORA: Do you have public water? Page 39 of 74,October 17,2002 ZBA Public Hearing Transcript Town of Southold } MRS.MOORE: We have public water-we have both. The application fees for the water and sewer and both . Then they received a credit report. It ended up in litigation. The litigation-the settlement at this point-in fact I have a letter from Suffolk County Waters-it's ready to be wrapped up. The Water Authority doesn't want. They both want to simultaneously sign off. The health department is reviewing the sanitary calculations,the sanitary requirements. We are dealing with them with respect to the different alternatives that are available to us. MEMBER TORTORA: The criteria that is in the code,so what I would like to do,I'd like to calculate how many units are being submitted at a ratio of 6,000 sq.ft. of land area as opposed to 4,000 because I believe it's an obstruction of Town Code that you need 6,000 sq.ft.of land area without water and sewer. MRS.MOORE: But we have it. We have it. Water and we also have the availability of sewer. Keep in mind I met with Planning a long time ago and said Valerie sewer,is it Village of Greenport Sewer or is it a system? She said it's a system it's not sewer with village hookup you would need alternatives to the village -there are alternatives to hooking up with the village. That is the way it is,public water and sewer,and we are addressing them and have both. MEMBER TORTORA: MEMBER ORLANDO: Waste water treatment plant? MEMBER TORTORA: We couldn't get a positive number we could fix in that 6,000 sq.ft. I don't want it to come back in number. MRS.MOORE: I understand their criteria. MEMBER TORTORA: MRS.MOORE: The Health Department is looking at this as a special float and the number of units available based on the tour whether it's different alternates-there's chromoglass which is a very good alternative right now. Chromoglass system is a self contained system approvable by the Health Department. That is the same calculations as connecting the interiors of the lines and popping it into the Greenport sewage system. Those two alternatives are equal to code and the sewer calculations. MEMBER TORTORA: We need to have proof that it is going to happen before we give the special exception. That's a requirement. MRS.MOORE: I understand what you are saying,I've been in touch with them for a month,I should be getting some paperwork-it was expected today-I might have it tomorrow which is from Greenport. There's also right now the Health Department issued a variance for the chromoglass system,we are pursuing both because Greenport while they want us to hook up,they want-how much was the number,a million-up front no questions asked give them a certified check and they'll give you an availability letter. That's a lot of money up front Rather than what has always been the house was a payment schedule at least to hook up. No,they want a million dollars up front and that imposes a real difficulty for anybody, any existing facility that wants to hook up to sewer or new facility that wants to hook up to sewer. That is something under special permit for these conditions for sewer because that's how our number calculations come up with cost,what our calculations are based on. Again,it is whatever the Health Department approves whether it's a plug-in to the building or its and that has not been decided because right now the regulations with the Health Department are in the process of being revised to allow the I think they are going to have to re-issue the engineers in the month of November. That is a very serious possibility and while the chromoglass system is a half a million dollars improvement,it was not a million dollars and you can work out the construction plans. MEMBER TORTORA: a system,you'll have to address that. MRS.MOORE: I don't know how to address it other than- Page 40 of 74,October 17,2002 ZBA Public Hearing Transcript Town of Southold MEMBER TORTORA: MRS.MOORE: You can see the number of minutes to 58 because I just did the calculations for the revision,the minutes are 47 based on that 4,000 number. I did it in my computer but I didn't write it down. The number you give us is 58 is contingent on the sewers. If you don't get sewers,whether it's chromoglass or connection to Greenport we have to come back to you,and they understand that. That's how they got their building permit initially. CHAIRMAN: In 1991 we-actually prior to that we went through a SEQRA process-we started with 77 and ended up with 66 or 67. MEMBER TORTORA: 68. CHAIRMAN: Well one was a . I think what Mrs.Tortora is saying is they've given a fair amount of time while you're working this out,you can tell us what you will finally come down to what you will reduce the number of units to. MRS.MOORE: We will not come down below 58. 58 was-you guys cut them back-to the point where they'd have to stop the process because it wasn't financially- CHAIRMAN: We didn't stop- MRS.MOORE: No,the economy- CHAIRMAN: The paper process. MRS.MOORE: Well,the paper process,now we've done the paper process again and through the paper process 58 has been justified again. So you have-it's not healthy or acceptable. They have reached a bottom line number from 89 in building historic connections and chromoglass and engineering everything is down. The number of units hasn't been increased-you haven't asked for and given the Village of Greenport's blackmail on the part of the sewer,you couldn't ask for the maximum. They came in,said listen,we've got the standard,we can't reduce it down any further,that is the bare bones. It is a 7 acre parcel. We just got today the letter from the SCWA with the exceptions to verify- CHAIRMAN: We're also here to discuss the issue of-what shall we call it-efficiency? MRS.MOORE: It makes it a-it's a resort motel-the point of the motel is to what the use has to be. It's not, again,it's to be used by other motels in the area,whether they were resort motels or otherwise-you call up any motel in the evening and there are little kitchenettes that are available because that is the going thing. That is what people's expectations are. When you travel and I travel-that is almost an amenity as a bathroom would be in your room. You need to have a kitchenette to make it available to families to be able to be there 24 hours a day or even just for people on a fixed income who don't want to go out to a restaurant every single night or you may go out to dinner,but not to lunch,that's the basic consensus we have that's why we are here. Otherwise they couldn't go down there with the special permit without the permits and it would take a number of months and all of the reviews and other stuff. CHAIRMAN: Who is here to discuss the size of the unit and to discuss the size of the kitchens? MRS.MOORE: Well,we can discuss the size of the kitchens. Do you want the square footage? CHAIRMAN: No,I want you to tell me if there's an engineer here who can tell us- MRS.MOORE: Yes. We have a specific unit-I think it was-it has a little half a kitchen unit. It has a little stovetop,4 burner. There was a photo included early on. • Page 41 of 74,October 17,2002 ZBA Public Hearing Transcript Town of Southold 4 CHAIRMAN: We had the same discussion with Henry Raynor in 1991. They are a little more neuveau riche at this point,but I want to discuss the size of the unit in relation to the size of- MRS.MOORE: The size- CHAIRMAN: When I say the size of the fixed unit that goes into-no,the unit of the motel. MEMBER ORLANDO: The room. CHAIRMAN: Yes,the room. MRS.MOORE: The room is 600 sq.ft. CHAIRMAN: The room will be 600 sq.ft. MRS.MOORE: The total is 600 sq.ft. I have the interior layout as part of the package. CHAIRMAN: I need it in the record. MRS.MOORE: It is in your record in the packet. CHAIRMAN: I understand that but I need it in the verbal record. MRS.MOORE: Okay,orally. But understand that your record consists of all written documentation,my bottom line- CHAIRMAN: All those people that aren't here that are going to read this record,I mean it's part of that record. MRS.MOORE: There is the kitchenette included as part of the living unit. It consists of a living area and two bedrooms. All together it cannot exceed 600 sq.ft.which is the same way the code read before,maybe 9 without a building permit on it,actually the applicant's plans were the same ones we used. The architect provided the certification to that effect,and it's still good. There is in fact,depending on the unit,some are 599,others are a little over 600,but they seem to comprise 89-600 maximum. CHAIRMAN: Is that considered a suite? MRS.MOORE: I guess that's how you market it. It's the living area where you have the television. CHAIRMAN: But each unit will have 2 bedrooms. There will be no umts that will have less than 2 bedrooms. MRS.MOORE: No,actually what happens is the rooms have connections,so you could actually rent a room without the kitchenette and the rooms attached to it. So there is some flexibility. That's the makeup of the units. If you went there with your wife, and you do not care about a kitchenette,you would possibly rent one room. CHAIRMAN: You could be excluded from the kitchenettes. MRS.MOORE: You could be excluded. CHAIRMAN: You have to come up and we need to swear you in,sir,so would you stand up? Can you raise your right hand? Firstly,we want to know who you are. BYRON CABOT: Byron Cabot,I'm the owner of the property west of- Page 42 of 74,October 17,2002 ZBA Public Hearing Transcript Town of Southold 1.) CHAIRMAN: Do you solemnly swear the information you're about to give us is the truth to the best of your knowledge? MR.CABOT: Yes I do. The question I have is when she mentioned that the rooms may be adjoining,does that mean that you have 2 apartments making the total square footage from 600'to 12,000'? MRS.MOORE: No. MR. CABOT: Or 1,200? MRS.MOORE: No. CHAIRMAN: Just a minute,this question is to the board. MRS.MOORE: Fortunately we have the architect with the plans. Their way to describe it is that the living area has a 5'wide kitchenette right in the center. Then it has a bedroom with a door and a separate bedroom with a door. That is the one unit. There is no- CHAIRMAN: Do you think the architects reduce this to a plan minded situation as far as-so that we could put this up on a board in here and everybody could understand it? MRS.MOORE: You're looking at a well dyed thing,and I'm not criticizing anything,it's probably been photocopied a few times. MRS.MOORE: This is actually an original blueprint. CHAIRMAN: I want to be able to visualize this up here,I want these people to be able to see it. MEMBER ORLANDO: You want a blow up of a singular room with a kitchenette. CHAIRMAN: Yes,and let's see how the movements go,let's see how everything works out. Let me just tell you this gentlemen. You think that we are kidding around,we're not kidding around. This is where the breakdown of communication was in 1991. I've been here since 1980. I don't know if I'm going to exist past year 2002,but I'm telling you if you want to sell it to us let's get it down and let's get it down now. Let's get it so we understand what the story is,what the movement of the walls are,who gets what, and where it goes,then we will all be able to make a decision. We are one member less tonight,and I'm sure this member who was a Town Board member wants to see the movement,and we want to be able to get it down right. MRS.MOORE: Okay. CHAIRMAN: In the interim,we will have any other specific things that you are getting approvals on,and we'll set a date now for a final hearing,and we'll have everybody else understand it at that pomt. MRS.MOORE: I'm not sure I understand(inaudible) CHAIRMAN: Well that's one request that we just had. MRS.MOORE: That's okay. They are still coming up with things. CHAIRMAN: I just like to set the ground rules in the beginning because then we know where we are going. MRS.MOORE: As I understand it's an internal layout of single units. ti Page 43 of 74,October 17,2002 ZBA Public Hearing Transcript Town of Southold MEMBER HORNING: I'd like to ask a few questions before we jump to audience. In the written ._ submissions here you're citing several motels in Southold Town that have so called kitchenettes in them and you wish-to your knowledge is that all there are? MRS.MOORE: Is that it?I don't know if that's it,those are the ones I called. When I called to say,can I rent a room with a kitchenette,the answer was yes. Personally I called most other hotels in the area that would be comparable to what we have here. Could I call all of them?I could,but- MEMBER HORNING: I was just curious because I'm interested in the percentage of kitchenettes as a percentage of the total room in these facilities and in the facility that you're proposing. In other words 68 units,how many kitchenettes? MRS.MOORE: 68. MEMBER HORNING: 68,okay,because you were just saying there were rooms available without kitchenettes. MRS.MOORE: No,no,no. In the complexes,there is a living area,with 2 separate rooms attached to that living area. Could you separately use them and say you have a family,2 separate couples. One has a bedroom with a kitchenette because one is always going to be attached to the kitchenette. The other one could be a separately rented room. It's designed in that way that it could have some flexibility. MEMBER ORLANDO: Two separate access. MRS.MOORE: It has- MEMBER ORLANDO: People can come in and out without connecting- MRS.MOORE: Ideally,if it's a family that comes in,they are going to want the kitchenette,presumably, you're not going to want to have your kids sleeping in the same room with you,you're going to have use for a second bedroom. MEMBER HORNING: If I understand it correctly, 100%of the 58 600 sq.ft.units will have kitchenettes. MRS.MOORE: Exactly. The way the code reads is that each unit,motel unit will have the kitchenette. MEMBER HORNING: I've stayed in many rooms in the Townsend Manor,and none of them have kitchenettes,except one that I accidentally ended up in. I was just curious because,they may have 10%in their facilities. MRS.MOORE: Right. Keep in mind that they all added kitchenettes I guess without the Building Department because I couldn't find record of it at the Building Department. So they presumed it to be a permitted use and an alteration to the existing resort motels that this applicant has been asked to submit a special permit and specifically include(inaudible). MEMBER HORNING: I have a quandary with that myself because I don't read the code. I can't read into the code and concur that kitchenettes are allowed in resort motels. MRS.MOORE: I would disagree completely. If you read the definition of transient motels vs. the definition of resort motels,transient specifically says no cooking. MEMBER HORNING: That's correct. MRS.MOORE: While resort has no such indication. `„_% Page 44 of 74,October 17,2002 ZBA Public Hearing Transcript Town of Southold MEMBER HORNING: What I read on it is resort motel calls for available for use as sleeping quarters on a daily or a weekly basis. MRS.MOORE: Yes MEMBER HORNING: On a transient,they make it available for sleeping and living quarters,but no cooking facility. I see it as kind of a mystery there. Sleeping and living in the transient one,with no kitchenette,but no sleeping in the resort motel with no mention of anything else. MRS.MOORE: That does not make sense. You're reading it a certain way but there has to be some logic in how it's read. MEMBER HORNING: The logic mystifies me. MRS.MOORE: Well,could it have been more clearly addressed? CHAIRMAN: We have another question here from Mrs.Tortora. MEMBER TORTORA: Actually,I'm going to play devil's advocate. The real bad guy here. If you talk to people in the business,the motel business is it's washed down,closed up,-I mean they do a booming business during the spring,summer,when we get into the fall months and the dead of winter . Here we have all these units with nice little kitchenettes in them-what's to stop them in the dead of winter from just being rented out as apartments or any other use. On a limited time basis- MRS.MOORE: I honestly don't think the code allows that because on a weekly basis a motel use is not a dwelling. A dwelling is year-round habitation. We could covenant-the owners are very willing to T covenant the maximum stay. Be it two weeks is the maximum stay for a vacationer. They have no objection to that. That's what they want this for which is the board entered it. I would disagree with you that I think that's even in the description,and yes,February is a lousy month to be on Long Island. But aside from,I mean you also have holidays,you have Christmas,you're going to have the Peconic Landing facility that has a huge amount of members in it and have a lot people that have families that are going to want to come out and stay. We're going to have to have something,I think it's going to generate a demand. The Christmas trees that are sold all over-our season is now almost year-round because of the wineries. I would say that it's not necessarily the summer season,the fall season alone. I think it has extended into everything but into the winter in terms of seasons. At this point they would be willing to close down January,February,and March? CHAIRMAN: Wait a minute. We need to know who the gentleman is who spoke. MRS.MOORE: I'm sorry,this is Ken Tedali and Neil Esposito. MEMBER TORTORA: I want to get this down for the record because I don't want to-. Is it our understanding that you plan to close it for around three months? MR.ESPOSITO: January,February,and half of March. MRS.MOORE: About March 15th? MR.ESPOSITO: I would say about March 15th MEMBER ORLANDO: That's basically the winter. CHAIRMAN: Let me swear you in. Do you solemnly swear the information is the truth to the best of your knowledge? MR.ESPOSITO: Yes. One of these is built out in Amagansett called the Hermitage- Page 45 of 74,October 17,2002 ZBA Public Hearing Transcript Town of Southold CHAIRMAN: I know it well. MR.ESPOSITO: I built it back in'83-'84. They all have little kitchenettes,individual units,but they have to rent them out for the new season and in January,February,and half of March the units are drained,the complex is closed. MRS.MOORE: Same thing at the North Fork Motel. CHAIRMAN: When the North Fork Motel was granted I sat on this board,which was in 1981,and it was the nature of the first lawsuit I was part of. MRS.MOORE: I know that as well. CHAIRMAN: And every one of those units did not have kitchenettes. They have kitchenettes now. You know what that is,that's a subterfuge. Because of the way the law is written. That's my opinion on the whole situation. And they are 275 sq.ft.approximately because I measured number 27 twelve times. That's the one we used- MRS.MOORE: That place is still doing quite well,and I've recommended several people who bought and sold there,and it is an affordable way of coming out and visiting. CHAIRMAN: No question about it,but they were not granted by this board for the sole purpose of having kitchenettes. I'm just telling you,I'm making a general statement. MRS.MOORE: I understand that the courts though rule as far as the ownership and you were told that you \ had to- CHAIRMAN: It's like getting 10 year by acceptance. MRS.MOORE: Anyway. CHAIRMAN: Any other questions from the board at this point? MEMBER ORLANDO: I just wanted to clarify,so you're basically closing for the winter. Have you done a traffic study? MRS.MOORE: There was an environmental impact statement,everything was addressed. MEMBER ORLANDO: So,there would be a light put out there? MRS.MOORE: In fact the state,we met with the county and what they did was they located an entrance directly across from San Simeon for safety,and that was their recommendation. CHAIRMAN: There was also the condemnation situation which occurred in my office which caused-I'm not part of that plan sitting on the board-the widening of the roads. MRS.MOORE: They had that in mind. MEMBER ORLANDO: You can rent a room there without a kitchenette? MRS.MOORE: Yes. The way I see the layout,you can rent a room separately from- C MR.ESPOSITO: We do have a brief,simplified version of the room sizes. To answer your question,the average living room is 16x14 with a 5 or 6'kitchenette stuck in the corner. The bedrooms are approximately 12x10. 1 - - Page 46 of 74,October 17,2002 ZBA Public Hearing Transcript Town of Southold CHAIRMAN: Do you understand what I'm requesting so that we can understand- MR.ESPOSITO: I have one and I think it's in my files. MRS.MOORE: I'll look in my file before I leave- MR.ESPOSITO: Because it simplifies a version of a unit. MEMBER ORLANDO: And the 300 sq.ft.living room includes the kitchenette. MRS.MOORE: Yes. MR.ESPOSITO: It's just a- MRS.MOORE: It's a pop-out kitchenette. This is a quarter unit,it has a living area,here is the kitchenette. This is one room,and you can see that you could block it off,and you could have it used separately,then the other is connected. So it gives a little flexibility on the- CHAIRMAN: I'm just waiting for the simplified version. For the people that are here,and the people who know me,I'm wearing this hat because the lighting in this place has destroyed my eyes,and it's really starting to get to me at this point. I apologize,very shortly I'm not going to see anything. I think we have to get into any comments in the audience at this point and pick a date for the recess,and give us the movement that Pm requesting at this point. MEMBER HORNING: Can I ask one more question? Agam,the 68 two bedroom unit-a bedroom could be rented without the kitchenette supposedly. Is that correct? MRS.MOORE: Yes. Keep in mind that the number of bodies in those rooms stays the same. If you have two rooms,you could have one person renting one room and one renting another one. MEMBER HORNING: 68 units-you could call it a 136 room hotel-could you not? MRS.MOORE: We did not intend it to be that way. It is the same square footage that is-the units,the 600 sq.ft.unit is broken up is such a way it gives flexibility to a family or to two couples that come separately. It is not an intention to rent 100-whatever double is-it is the same square footage with the same number of bodies that could max out a 600 square foot. So square footage wise,it is identical. We wanted to design it in such a way so as not- CHAIRMAN: Is there anybody in the audience who would like to speak for or against this project? Jack I'll be with you in one second. That may not be here in a future date which we have not set yet. I have a case in mind,but I will,now I'll let Mr.Levin. Mr.Levin,would you like to come up and say something, sir? Mr.Levin,I've known you for many,many years,but I haven't- JACK LEVIN: My name is Jack Levin. CHAIRMAN: I have to swear you m. Do you solemnly swear the information you are about to give us is the truth to the best of your knowledge? MR. LEVIN: I'm very much interested in the procedure this application. This is 67 kitchens obviously. The sunset motel is adjacent to the east. They had the unfortunate incident of losing a building by fire a couple of years ago and they asked to re-build,they said you can just replace what you had -there's kitchens in the 8 rooms. People from the town came down, and thought they would do us a good will-if you eliminate the kitchens,you won't need a permit. At that point in time,we had to get outside help to get this permit-I don't know why we had there were two kitchens,they Page 47 of 74,October 17,2002 ZBA Public Hearing Transcript Town of Southold 1"") were only being replaced. As far as this project,it is very rare,they are not motels,they are condominiums or apartments right there, CHAIRMAN: Thank you. Anybody else like to speak at this point? Go ahead. I need to know your name. BRUCE GARATANO: Bruce Garatano,I'm the owner of the Blue Dolphin Motel. CHAIRMAN: The new owner? MR.GARATANO: I am the owner and proprietor of the building. CHAIRMAN: Do you solemnly swear the information you're about to give us the truth to the best of your knowledge? MR.GARATINO: Yes. My concern about this project is the fact that what the impact will be on the rest of the community on the rest of the motels,on the rest of the B&B's in the area. They are proposing 68 units and now telling us they can break these units up into 100 and something units. I think this is something that the board should seriously consider their way out and their use for the property. It seems that there's an ulterior motive,and I just would like the board to review this and make sure they are doing the right thing. CHAIRMAN: I trying to understand the break-up,and that's what I'm trying to do at this meeting. MR. GARATANO: The break-up is that they,by their drawings,by their renderings-is that they are going to condo co-ops,going from-if you have two rooms in these apartments,that houses 4 people,that's 4 people per unit in 68 units. That's going to impact our community immensely-the local businesses,the local B&B's,the rest of the motels in the area. I would hope that you would not allow a Holiday Inn type atmosphere here in Southold Town. CHAIRMAN: Thank you. MR.LEVIN: Can I add just one more thing? The impact of the traffic on that highway,thousands of cars going to Orient,back at the curve there at the entrance is one of the most dangerous curves in Southold Town,from Orient to Mattituck. That would create havoc. CHAIRMAN: Thank you. BYRON CABOT: I was just going to speak my support for Jack. I think one of the big problems with it, it's being presented as a motel, and I think Jack runs a legitimate motel, and from the description of this project,discussing the normal understanding of a motel,and how a motel operates. This is basically a timesharing unit that the developer wants to get his money and get out. I don't think this is going to be a positive contribution to this community. I don't think that the Town of Southold would be interested in monitoring this sort of thing. They say they are going to shut down in January,February,and March. What are you going to have police-how are you going to enforce this sort of thing? I know you said and under,but nonetheless- CHAIRMAN: In covenance,but can I just have your name for the record please? The information you're about to give us is the truth to the best of your knowledge? MR. CABOT: Yes it is. I would like to know,I don't know of any motel that is 600 sq. ft. anywhere that I've ever stayed in. A hotel that I've stayed in was basically 12x20. CHAIRMAN: That's why I asked if it was a suite or not. • Page 48 of 74,October 17,2002 ZBA Public Hearing Transcript Town of Southold MR. CABOT: Suite,or apartment condo. I mean,how do you break up 2 bedrooms to support 2 individual families with one door? CHAIRMAN: You have to wait until we get to the next process,and that's how the whole thing flows. We are going to put it up on the board,and we are going to learn and understand that. That's the best I can do for you at this point. Remember that these hearings usually end up being preliminary hearings,and then we get into a final hearing situation. We are always generating questions and the questions are inputted questions from the audience. They are questions that are inputted by the individual members of this committee,or this organization. At no time do I ever want to see anybody sitting back and not wanting to ask a question when there's an issue here. The issue is I'm not going to review this blueprint that I can barely see from here at this point. I want to see it plain,I want to see it nice. I want to see it as an example of which one of these units go,with surrounding units so that we understand how this whole thing comes together. Thank you. Miss Moore? MRS.MOORE: We will provide you with eventually with,I know I have in my file that I've highlighted for the Planning Board actually at one point and the code allows 600 sq.ft. . It's not our intention to double anything or increase or whatever. This will work it out so that it works and we have no problem with that. That is the intention here. CHAIRMAN: We weren't indicating that was your intention,we're just saying we need the input. MRS.MOORE: I'm not trying- CHAIRMAN: We are in court. It's fine. MRS.MOORE: It's a good observation,and certainly we'll address it and it's not the intention here. We're �k following the code- MEMBER ORLANDO: So it won't be like,I'm sorry. MRS.MOORE: We are following the code,and it was designed with that in mind. With the same code, for purposes . We thought this was a one year process to re-activate the site plan and everything has taken three. They have used the same architectural plans that were approved,and building permit from 1989. We'll take those and show you how it's laid out and if you need to see how it's laid out, we'll show you,and if you need us to close off a door,we can do that. There's flexibility. CHAIRMAN: We have one more question. MEMBER ORLANDO: So you will not be following the Amagansett suit by individually selling them? MRS.MOORE: That is a possibility that what happens is,you can buy,as an investment so you have individual investors buying a unit. They must participate in the motel aspect of it. So in other words,if you buy a unit as an investment,you may use it for a week or two weeks,but aside from that,it must be in the rental pool as a motel use. It's a form of ownership. MEMBER ORLANDO: Who maintains it after it's been purchased? MRS.MOORE: The association of owners actually monitors it to be so that's how we survive all the economic cycles,because you don't have the developer who builds it,I mean he may end up keeping it,but let's assume that the developer isn't making money,the economy goes bad,and it just doesn't work out. The individual investors are going to want to secure their investment and the other members are also going to walk out to their investment and be sure the facility is used in it's nature as a resort motel. It cannot change it's use-just to be used for 2 different things. You can own it as,my parents have bought time shares and this is not a timeshare,but as an example,you can buy a time share and you know you're _ ; going to have one week or two weeks time use of the facility,and you can carry it on,and sell it to your children and grandchildren. But the use remains the same. It is going to be used as a resort motel and no l • Page 49 of 74,October 17,2002 ZBA Public Hearing Transcript Town of Southold (—) variation of ownership,whether it's owned by an individual or owned by individuals,it doesn't change that use. CHAIRMAN: Do you have to file for with the Secretary of State to create a- MRS.MOORE: Depending on how it's owned,you'd have to-anytime you-even a line of subdivision if you have a common road,you have to file some kind of-there's always a state regulation anytime there's money collected and it's overseen. CHAIRMAN: Before Mrs.Duffy who would like to speak in the back would like to get up. I am going to request and I'm sure this is not going to be. Cap is not going to sit too well with this,but I am going to request an adjournment to January 9`h. We have no other time. We are so inundated with hearings in the later part of this year. I don't know what to suggest here. MRS.MOORE: Keep in mind we've been waiting many months to get to this point,and we have to get back to fmish the site plan. We are not done yet, and if we keep waiting,the economy is going to take,and we'll be back in the 80's all over again. CHAIRMAN: We don't want that to happen. MEMBER ORLANDO: Don't say that. MRS.MOORE: None of us want that,but that's always the fear that you know,here we've waited three years through a very strong economy,just when we finally get to the point of making a decision. If you could at all put us as the last hearing of the night or whatever- CHAIRMAN: Preliminarily,I'm going to go with January 9,2003. We can change that at any time,and I'll let you know what's available and how the calendar looks for December 5th,but as of right now,we are on February's schedule,or actually we are in March of 2003. MRS.MOORE: I filed it 3 years ago,it shouldn't take this long to get through the special permit. CHAIRMAN: I understand,but as of right now,it will be January 9th unless we can grab some additional time. MRS.MOORE: Maybe you can schedule a special meeting. CHAIRMAN: Mrs.Duffy,do you want to say something? I know you are an elected official of this town. I've known you for many years,you are a gent from- DARLENE DUFFY: My name is Darlene Duffy,I'm not here as a member of the Board of Assessors,I'm here on a personal level. My family owns the Silver Sands motel. I just want to ask how many bathrooms are you going to put in? MR.ESPOSITO• Two bedrooms,two small bathrooms. MRS.DUFFY: So we are talking 68 units . I thmk that's really important,I was thinking there was a motel there for a while, when you're talking co-ops and condos,as I remember,so it just seems a little strange. CHAIRMAN: Okay. MRS.MOORE: I'm so happy that rest of the hotel/motels in the community embrace another project that they have. The use is what-there is no question about it-it is what it is,and that's what the code says. We operate it that way. Nobody watches over these particular motels to see if people rent for a day or a week, or a year,or whomever they choose to rent to. As far as an assessment goes,a condo is assessed as rental • Page 50 of 74,October 17,2002 ZBA Public Hearing Transcript Town of Southold unit. However it's owned,the courts have said ownership is not of the criteria in which you are reviewing this application,it's the use. We came up with some other covenant where ownership means under the state law-that would not be the deciding point,it's the use,the motel use. To call it anything else- CHAIRMAN: I need you to understand one thing ladies and gentlemen. This is a preliminary hearing. We need to get on with the schedule. I don't want to restrict you. Mr.Tedali,you want to say something? MR.TEDALI: The units,if someone could go out to Amagansett and look at the permits there. Individuals out there own their own units,like investors,like myself,I want to buy a unit for$150,000 and you want to buy a unit for$150,000. CHAIRMAN: Hold it,hold it,hold it. MR.TEDALI: Now lislten,have an open mind. You cannot use your investments,you owe$150,000 down,and you have no right to use that unit as an investment. The management company rents your unit out. Let's say at the endli of the year you made$21,000-from an investment point of view,that's pretty good. People who invest in these units will actually get a check at the end of the year. It's something positive. The ownership is insignificant. If somebody owns a unit,and it's in that rental pool,they take care of it. It's not like if I own the complex,I rented out all 68 rooms with contract subs,what should you do? You'll get anybody to rent it,but when you have 68 owners and they have bylaws to follow they just cannot rent it to anybody for 2 or 3 months. They can't do it because there's going to be covenants of how long you can rent out the unit. CHAIRMAN: That's similar to the Montauk Manor,isn't it? MR.TEDALI: It's done quite a bit. There hasn't been a new resort motel in Southold in 7 years. Three years ago,we were going to re-institute half-acre lots,and that's through zoning,you could only do half acre lots. We submitted,I and the Planning Board said no,we want your motels. We were happy to do half acre lots,but they said they'd like to have the motel,and if you could go out from Montauk,and look up some of the eastern ones J too-you know I bring up the Hermitage in Amagansett,it's run beautifully. Individuals have responsibility to maintain that unit after the season. They go look at it,the furniture has to be replaced,they replace it. The ownership it deceptive,the people invest in these kind of deals now,it's a form of investment for them,better than the stock market. CHAIRMAN: Thank you. Mrs.Duffy,do you want to say something else? MRS.DUFFY: I just want to say one thing. I didn't mean to insult Mr.Tedali,but I don't know, 136 motel units on 7 acres is a lot. It's interesting because,I might buy one of these because I know what he's talking about-it is a good investment. I understand about the ownership,you know. But when you call it one thing and it's something else,it's a different thing. And I don't know who's going to monitor it,because people aren't living there all year. I don't care if they live there all year.It doesn't matter to me. The only thing that the town really has to understand that it's not rented out on a year round basis,or lived in by a family. What you want to,avoid is kids being raised in there and going to school from there. If they are going to be taxed like a rental unit,it is not taxed like a home. The Board of Assessors,who I'm not representing tonight l for co-ops and condominiums. They have to be taxed as a rental unit like a hotel room. You aren't taxed like a resident in an individual home,600 sq. ft.is a pretty big unit. It's 2 bedrooms,you could put a small family in it,and the way things are around here,you can squeeze quite a few people in 600 sq. ft. the way it goes now. I'd like you to be mindful of that. CHAIRMAN. That's whyl were we interested to find out if they were required to file with the Secretary of State,because that is the kby to the shutting of the motel down during the winter season. MEMBER TORTOLA: 'ouldn't that always be changed? CHAIRMAN: I'm not an attorney,but I think it's difficult. r - Page 51 of 74,October 17,2002 ZBA Public Hearing Transcript Town of Southold MRS.MOORE: If you're open a certain number of months a year, and you're closed for the winter. CHAIRMAN: That w Is the key to that question. MRS.MOORE: We want this to be an investment for someone,but it is not to be a dwelling for anyone. We do not want it to become a dwelling. We do not want to have families living there. Any children in the school district should not be placed for permanent occupancy. MEMBER TORTORA:, Could you give me some information if I want to buy one of these units? MEMBER ORLANDO: Literature. MEMBER TORTORA: I'm very curious,in Amagansett. Do you have information? MR.TEDALI: We built it 19 years ago,and I'm completely out of it,but yes,they'll give you the information. MEMBER TORTORA: Just submit it to the board so we can review it. MR.TEDALI: This is somewhat common nowadays with- - MEMBER TORTORA: I'm familiar with it,I'm want to see how you offer it in writing,etc.,as a point of reference. Fair enough? MR.TEDALI: Got it. MEMBER TORTORA: Thank you. L.) CHAIRMAN: I need to take a question over here,Mrs.Duffy. You know if you use the microphone,you need to be sworn in. You solemnly swear the information you're about to give is the truth to the best of your knowledge? NEIL ESPOSITO: I have been part of the Hermitage as the first president to the Board. We opened it as a twelve month operation. After a year we found out it was not insulated enough to expand the weather,so to speak,or go without heat. The board itself voted to close the buildings. The buildings become drained after New Years Eve. They still do it,and I'm still an owner,and I still participate. The rentals are very high . They are good through September. They take them down after that,and they (inaudible)and it opens always in time for the Saint Patrick's parade in Montauk. That's when the season opens in Montauk,and it's maintained by the professional managers and a board of directors who look out for the welfare of the units. If you have a or pictures now at this point giving placement,they are having the systems replaced. It's not that it's run down,it looks as good as when it was built. The people who originally bought there are now selling for three times what they were originally sold for as investment units. In high season,the open front units rent for$4,200 a week. CHAIRMAN: I need to close,recess this hearing at this point. I appreciate everybody's information and questions. I'm suggesting a recess for Clara until the meeting of January 9`h. If there is any change on that we will advertise it,and that is what I'm offering as a resolution ladies and gentlemen. MEMBER ORLANDO: Second. CHAIRMAN: All in favor? All ayes. We'll let you know if there's any changes. Thank you. While we're setting up for appeal#5182,we are running out to get some water we'll be right with you. 10:38 p.m.Appl.No 82-R. . R. Req ;st for a Vanance under Section 100-242A and 100-244,based o e Building Department's April 22,211 Notice of Disa•'royal. Applic.• APPEALS BOARD MEMBERS , -'/ i' �C = 11''OS�FFO( _ f � O4 Southold Town Hall Gerard P. Goehringer, Chairman 53095 Main Road Lydia A.Tortora ,? P.O. Box 1179 George Horning V Gy 47 Southold,New York 11971-0959 Ruth D. Oliva ;'*0" jig ���� ,.�'�0i' ZBA Fax(631) 765-9064 Vincent Orlando Telephone(631)765-1809 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD December 30, 2002 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Appl. No. 4942 — Breezy Sound Shores Dear Mrs. Moore: This will confirm that the public hearing on the above application will reconvene on Thursday, January 16, 2003 at 3:15 p.m. (or as soon thereafter as possible) instead of January gth Thank you. Sincerely yours, Gerard P. Goehringer Chairman 6:4 L 1/Q2- 2)5i2CL A 1 sdlt^-``' PATRICIA C. MOORE 1U i ) 9/o 3 R j Attorney at Law 51020 Main Road Southold,New York 11971 i ! Tel: (631) 765-4330 I • „ Fax: (631) 765-4643 Margaret Rutkowski NOV ® I O4 Secretary October 2'9, Southold Town Zoning Board of Appeals Gerard P. Goehringer, Chairman - Southold Town Hall 53095 Main Road Southold, NY 11971 Re : Application #4942- Breezy Sound Shores Dear Board: Enclosed are items you requested at the last Board meeting: 1 . The internal diagram of the hotel units is the same plan approved in 1989 (except the kitchenette was added in the "Living Room" by the architect under the current` plan) . Also attached is the square footage of the units which was prepared by the architect . The rooms have direct access to egress corridors for fire and emergency purposes - the owners intend to rents the suits with two bedrooms . Moreover they will agree that the units will be rented as a suite, rooms can not be rented individually. It was my misunderstanding of the floor plan, I apologize for my confusion, please correct the record accordingly. 2 . The sales memo for "The Hermitage" , a very successful resort motel in Amagansett . The Hermitage units (2 bedroom, livingroom, dining room, and full kitchens) are owned by individual investors and operated and maintained by the management company for weekend or weekly rental (depending on the season) . The proposed units of Breezy Sound are only 600 square feet so we can not F offer dining room and full kitchen but the concept of individual investors is the same. The Hermitage has remained very successful and unaffected by the economy (Not susceptible to one developer' s/owner' s financial strength- individual owners maintain their investment through mandatory maintenance fees, consequently the resort motel is kept up over the years, the units are clean and maintained as new as the first day it opened. As we have repeatedly stated, the use is "Resort Motel" , irrelevant of the overall ownership of the units . If you have any other questions or wish any other information before the next hearing please do not hesitate to contact me . ery til • ours, t icia C. 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C..L )7"-F--- )r- - ''7-' j U 1.\)' ",(3 'Iri.201Cf\ • IAS Oil- 2e) if\IO\J S' [I/ r0 V":•• "`vion .. 1 :::: . . , 14---D F JwrGa. .�.t ♦ we. .:Rafe9�p.y♦4W:1R,�l.+Rwerin4,.h.�n 2..1 + 1 �r tires u> � , _ .) • ' ( 1' i i - r •dfialy . • • , .u..a,wa.rzaca.e>J;n;-y,..r...w.,r+r....,,.v...o.*...�.,,•..._+,m,..nw / OCT-11-2002 FRI 11:00 AM SCWA, FAX NO. e 1930370 P. 01 ,.� �t^C'!�A/%�j/�� /C�oSl�l��/A�/ (/Vj fJ qy z� sCWe .V V y '�*2 xa��u wS.-v' Wsa :,NN�i �.r,„a �vic� rrrMZ ' SUFFOLK CO1JNTY WATER AUTHORITY Timothy J.Hopkins Administrative Offices:4060 Sunrise Highway,Oakdale,NY 11769-0901 General Counsel (631)563-0236 • Fax(631)563-0370 October 11, 002 VIA FAX&FIRST CLASS MAIL Richard T.Haefeli, Esq. 48G Main Street Pb Bog. 1112 Westhampton Beach,NY 11979 Re: Breezy Sound Corp.,et al.v. Suffolk County Water Authority et al. Index No. 98-28361 Dear Mr.Haefeli: - I have reviewed the proposed settlement agreement,and as we discussed,it is acceptable to the Suffolk County Water Authority provided the following sentence is added to the end of paragraph 4: Breezy Sound Corp. shall be responsible and shall pay all the rates, fees and charges,prevailing at the tittle water service is provided,in accordance with the Suffolk County Water Authority's Rules and Regulations for,provision of public water service. I believe today is the scheduled return date fbr this matter. I suppose we will have to adjourn it again pending execution of the settlement agreement and related documents. Please advise as to how you wish to proceed. Very truly yours, i 41r4firi s Timol iy J.Hop,:s ` b: 0} . o APPEALS OARD MEMBERS /�,,1OSQfFO,,C t " ' '�, c pG Southold Town Hall Gerard P. Goehringer, Chairman _� yd: 53095 Main Road Lydia A.Tortora % .. - P.O.Box 1179 %George Horning '' $ Southold,New York 11971-0959 Ruth D. Oliva 4 '. �� ZBA Fax(631)765-9064 Vincent Orlando 0._( $‘;''" a0;.!,'� Telephone(631) 765-1809 ,,, ..,'' http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD TOWN MEMO TO: Elizabeth A. Neville, Town Clerk _ FROM: Jerry Goehringer DATE: August 22, 2002 SUBJECT: ZBA Appi. No. 4942—Breezy Sound Shores The Departments of the Planning Board and Board of Appeals have an application pending by Breezy Sound Shores (located to the north of San Simeon By the Sound Nursing Home). The applicant-Breezy Sound is requesting approval of motel units, with kitchenettes, by Special Exception from the Board of Appeals, and Site Plan approval from the Planning Board. /_ Inasmuch as the Town Board has adopted a moratorium on certain applications (certain Special Exceptions, site plans, subdivisions), and this application is for motels with kitchenettes, an Interpretation is requested for a determination as to whether or not a waiver is necessary from the Town Board. A SEQRA determination was issued by the Lead Agency (Planning Board in July 2002, and the next step with the applicant would be to obtain approval from other agencies (County Wastewater Management Division and S.C. Water Authority), and public hearing processing by Town Departments. Attached are copies of documents from our file which we hope will assist in your consideration. Thank you. Ends. cc: Planning Board B at.--IT--t- Town cif Southold /b 0_ (Q D PCICac e1 ook for Windows B. [Amended 7-5-1989 by L.L. No. 13-1989; 8-1-1989 by L.L. No. 15-1989; 12-27-1994 by L.L. No. 30-1994; 2-7-1995 by L.L. No. 3-1995] Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided and are subject to site plan approval by the Planning Board: (1) Any special exception use set forth in and as regulated by § 100-31B(1), (6), (7) and (13) of the Agricultural-Conservation District. (2) Marinas for the docking, mooring or accommodation of noncommercial boats. (3) Yacht clubs. ( 7(4) Transient hotels or motels, resort hotels or motels or conference facilities, provided that "':1the following requirements are met: (a) Minimum parcel size shall be five (5) acres. (b) The maximum number of guest units shall be: [1] One (1)unit per six thousand (6,000) square feet of land without public water or sewer. [2] One (1) unit per four thousand (4,000) square feet of land with public water and sewer. (c) No music, entertainment or loudspeaker system shall be audible from beyond the - property line. (d) The maximum size of a guest unit shall be six hundred (600) square feet. (5) Tourist camps as regulated by Chapter 88, Tourist and Trailer Camps, of the Town Code. (6) Freestanding restaurants. 1 • , 1 V '''' I I 1[--- , i PATRICIA C. MOORE r -s \1v / 1 i Attorney at Law JUL 2, )2 ; i 51020 Main Road ji ;09/- 0 A,,,., 1)),:\ Southold,New York 11971 l-- ---•-- Tel: (631) 765-4330 5V)' I Fax: (631) 765-4643 %1 'Olt Margaret Rutkowski 1'b MeliccaMcGowan il, Secretaries July 12 , 2002 Southold Town Zoning Board of Appeals Gerard P . Goehringer, Chairman and Board - Southold Town Hall 53095 Main Road Southold, NY 11971 Re : Application #4942- Breezy Sound Shores , Dear Chairman and Board: Enclosed for your information is a copy of the Planning Board SEQRA resolution granting this project a Negative Declaration. In confirmation of our conversation, for the purposes of your notice, application #4942 is for a new special exception for 68 units, resort motel, with kitchenettes, managers apartment with kitchen, pool, and pool-house, together with such other relief deemed applicable and reasonable . The board should consider reviewing an interpretation (appeal #4039 dated 7/16/91 copy enclosed) made with regard to the definition of Resort Motel as to it' s applicability in 2002 . Motels throughout the Country have kitchenettes as a common amenity. It is my understanding that your file is complete and we respectfully request a public hearing on the above application as soon as possible . This matter has been a pending application on your calender awaiting Final SEQRA coordinated review, therefore, it should not require 12 weeks for a hearing. Your anticipated cooperation is greatly appreciated. Very`"£ruly yours, L i�atricia C. Moore cc : Breezy Sound Corp. r PLANNING BOARD MEMBERS I��Oil OS�FFO(�-co-` 0 P.O.Box 1179 BENNETT ORLOWSKI,JR. t$11 y� j Chairman +t Town Hall, 53095 State Route 25 y WILLIAM J.CREMERS v' 2 Southold, New York 11971-0959 `y' ' Prt KENNETH L.EDWARDS +�� Telephone (631) 765-1938 . � Fax(631) 765-3136 RICHARD CAGGIANO . 1 * l� H1 ACTi.•! S,vora,OW- .04° _,-, PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 9, 2002 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 RE: Proposed Site Plan for Breezy Sound Corp. Located at 61475 CR 48, Greenport SCTM # 1000-45-1-2.1 Zone: RR Dear Ms. Moore: The following resolution was adopted at a meeting of the Southold Town Planning Board on Monday, July 8, 2002:' BE IT RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, establishes itself as lead agency, and as lead agency, makes a determination of non-significance and grants a Negative Declaration. Enclosed please find a copy of the Negative Declaration for your records. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. Chairman encl. . v • • S11FF0(,f- PLANNING BOARD MEMBERS CO BENNETT ORLOWSKI,JR. es h3 Gy P.O. Box 1179 Chairman d Town Hall, 53095 State Route 25 o - WILLIAM J. CREMERS y $ Southold,New York 11971-0959 KENNETH L.EDWARDS "V 0 Telephone (631) 765-1938 Fax (631) 765-3136 RICHARD CAGGIANO d $*, 11),9,Q7-in4 Swore,cTre. _ /so° PLANNING BOARD OFFICE TOWN OF SOUTHOLD State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination Non-Significant July 8, 2002 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Planning Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Proposed site plan for Breezy Sound Corp. SCTM#: 1000-45-1-2.1 Location: 61475 CR 48, Greenport SEQR Status: Type I ( ) Unlisted (X) Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: To construct a 68 unit motel in 5 buildings, plus a pool house, office, and manager's apartment on 7.13 acres adjacent to the Long Island Sound in an RR Zone. Reasons Supporting This Determination: An Environmental Assessment Form has been submitted and reviewed, and it was determined that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. There has not been any correspondence received from the Department of Health Services Office in the allotted time. Therefore, it is assumed that there are no comments or objections from that agency. ` I • } SEQR Negative Declaration - Page Two There has not been any correspondence received from the New York State Department of Environmental Conservation in the allotted time. Therefore, it is assumed that there are no comments or objections from that agency. The applicant will have to comply with the requirements of the Suffolk County Sanitary Code (SCSC) and all relevant standards of water supply and sewage disposal systems. Design and flow specification, subsurface soil conditions and site plan details will have to be approved by the Suffolk County Department of Health Services (SCDHS). This impact is not considered significant due to the anticipated project compliance with established requirements of the SCSC and the SCDHS and the required relevant permits. For Further Information: Contact Person: Victor L'Eplattenier Address: Planning Board Telephone Number: (631)765-1938 cc: Roger Evans, DEC Stony Brook Suffolk County Dept. of Health Suffolk County Planning Commission Suffolk County Water Authority NYS Dept. of Transportation Elizabeth Neville, Town Clerk Zoning Board of Appeals Building Department Applicant . p,, ROE%ROG '_'4",ELS �,�+ xr-.�-.,:�yt.�,-».� --sem A �' Y,4 Qkr✓i.:-x:;?er� �k.�,. �R��i��i'vd1t�5-�`C.ii�.����ES;��� LS • ROE 48 ' ' r e CTION , elle � �µ�:•, _ -3,Y._;-__- ' l "- ,:, ,:1 j ' Cyt' w 14s: .tS C Z�` r���� :- .•�^`-.�- �f iii �Y4i�(J' oJl�y ;Rt( 71:\[:41404 • 1`.`? oi3lem of /mil + �ki'Yh pl o „r.,f` '��.1. 6Y,cgyl ld•1+� '�ii�'1`'� t1t�.� 1k rc�»ti4, chen + �_ !?., e. ','1°il�'t ,4081/4".,,,,"} JLV•,,,kir,F0,3 � 4 k iced PI ?,'"a y ir.il,a,,, s'`.''.'ri ',.:10 1: 4,'A4:.tr,,7, it, AQA. 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Ese3wLa.7 .. .., The a ;;;,;,'.'f'in^ izir, ,1- ...,,-,,;:,Prrsc .d section �M/ + Ii MU Model ROG9Y48 its IS ��; + Upon orderin ' It �t4 3K 9 hich i specify sink y rl 1 we' �l _ ".'1s I location for e or 11 =r w ii =- x } IE rti it 48 SP'and 54"models. ement. a 0•12:'..-7--;3141:;.:V...1,fxi�� ti If Specify i� •'a 4K VJF La Nrr -,,f_i G :ndard -+,a �, – La l a ,u'' tiiL f ; 1i refrigerator w J .ed are p — •i t; car location for 60" be mod'I and larger. our • ROE 60-63 Specify color S IIRIMIN .1:11 dill — �. ri — e R 1" _ibility w l iI ig a. - t i r/Will � . y - Semov + - _ +y i li9i,n7•9"31,74 a erator - g • r ai . � .1 y„ ....A,� s rat .101-10-ssur–w w�,.4. w r .st — o #x_ !.e � i ' t I Sit '7'.:1411 ounted pressor ROE 69-72 .1 n,ir ROE9Y-60 with Options -ncy l .'I.. i - - ation I” 1 I" ROE9Y-60 Mod.#1 with Options ainless pis --t- ..• truction ...N. f truction , �r`y -MID _ — rM `'- ."�'k Tgf-'!?` ;"f",'it e , rtop 'gar — NM w 1x r N w Is' a �3� i elude 31,-Z,:::';N1 i" �p �h �y r •r faucet — II _ II 0),t,-(-2 , ; . F__ SPECIFICATIONS - RE' •DELS OP i "'JAL EQUIPMENT REFRIGERATOR:Net capacity of 6.0 cu.ft. including a 30 lb. full Wall Cabinets: Colors and sizes to compliment base units. width freezer section. Net shelf area 10.4 sq.ft.. Features include Wall Shields: Available for rear and/or side walls to match, automatic cycle, light, magnetic gasket, sliding shelves, poured-in T place high efficiency insulation,full height inner door storage countertop. Light Fixture: Undercabinet, slimline flourescent light fixture. liner, casters, adjustable leveling legs and hermetically-sealed, , Requires separate electrical connection. self-oiling cushion mounted compressor. Refrigerator removable q and operates on 115v. 60 cycle A.C. and has a 5 foot grounded Garbage Disposer: 1/3 H.P. disposer has 1.5 quart capacity and type cordset. Note: On model RES9Y-30 the refrigerator capacity stainless steel impellers. 115 volt disposer requires separate con- is 5.0 cu.ft.with manual defrost. nection from base unit. . COUNTERTOP AND SINK: Fabricated of 20 gauge prime type Hot Water Dispenser: Delivers no-splash, pressure free water 301 satin finish stainless steel and 4" backsplash. Sink bowl adjustable from 150'degrees to 190 degrees. ' , 14"W X 15"L X 6"D with 3.5"drain and supplied with single lever Sink Cutting Board: Made of hard wood, stores easily in base faucet and stainless steel duo-strainer. storage cabinet when not in use. ELECTRIC RANGE: Two microtube top elements with signal Range Hood: 24"wide with either stainless steel finish or.baked, light, removable chrome-plated removable reflector pans and enamel finish. Features 2 speed fan, built-in light and filter sys- infinite switches.,Range operates on either 115 or 230V. tem. Available for duct-free and,ducted installation. OR .8 Cu. Ft.Microwave Oven: 24"wide. Features digital touch GAS RANGE:Two aluminum head gas burners with pilotless control, clock timer and 9 power levels. ignition, pressure regulator, low flame setting and removable 1.0 Cu. Ft. Microwave Oven: 30"wide with features as above. chrome-plated pans. Unit adaptable for either L.P. or natural gas Microwave Oven with Built-in Hood: 30"wide, 1.0 cu.ft.. and is approved by the American Gas Association. Features built-in range hood with 2 speed fan, built-in light, digital CABINETS: Base cabinets and optional wall cabinets fabricated touch control, clock/timer with 10 power levels. of 5/8"thick 48 lb. industrial grade particleboard fused on both Automatic Coffeemaker: Single pot coffeemaker designed for ' sides with acid-resistant thermoset melamine to exceed the stan- installation under optional wall cabinet. Double pot coffeemaker dards of the American Laminators Association. designed for installation on countertop and available on most SPECIFICATIONS -ROE MODELS models. Both include glass coffee decanter. y ' REFRIGERATOR: Note: On models ROE9Y-48; ROE9Y-51 and MODIFICATIONS ROE9Y-54 the refrigerator capacity is 5.0 cu.ft.with manual Mod#1-Cabinet replacing electric oven. defrost. Specifications are same as of RES Models for 60"to 72" Mod#2-Cabinet replacing refrigerator. widths. COUNTERTOP AND SINK: Same as for RES Models Mod#2A-Cabinet replacing oven and range burners eliminated. i ELECTRIC RANGE: Four top elements 1250 watts each with sig- Mod#3-Dishwasher, installed next to sink and requires separate nal light, removable chrome-plated reflector pans and infinite plumbing and•electrical-connections. switches. Range/oven operates on 115/230V, 3 wire, single Mod#4-Plastic laminate countertop in lieu of standard stainless phase A.C.. ' ' , steel countertop.'1.5"thick 48 lb.industrial grade particleboard OR laminated with horizontal grade high pressure plastic laminate by . Nevamar or equal. Drop-in sink bowl is 20 GAS RANGE: Four aluminum head burners , gauge stainless steel or porcelain as required. r with pilotless ignition, pressure regulator and Mod#4A-Conan or Fountainhead low flame setting. Oven has pilotless igni- -- tion, pressure regulator, automatic tempera- .- countertop ture control with limit switch, lift off oven • , _ ` Mod#5-18 gauge stainless steel door and removable floor with recessed spill - - 41 countertop. pan. Broiler drawer located under oven. Unit • - Mod#6-Wall and base cabinets to be adaptable for either L.P. or natural gas and _ ,(,),i,;--..„,:-,, ,. fabricated of 5/8"thick 48 lb. industrial grade is approved by the American Gas p . particleboard. Fronts high pressure plastic Association.Surfaces porcelain enamel. • �` �5t 03rJ� laminate by Nevamar or equal. Inside oven dimensions 16" X 19"X 15.5". ` APe"r 1, `;rif Mod#7-Base and wall cabinet doors 3/4" CABINETS: Base and optional wall cabinets , y ',` p ! , plywood laminated with high pressure lami- fabricated of 5/8"thick 48 lb. industrial grade ; I;r nate Nevamar or equal in color selected by particleboard fused on both sides with acid- , Architect. Bodies 5/8"thick industrial grade resistant thermoset melamine to exceed the -!�\� particle board. standards of the American Laminators •` ; =°""N =�'Y Mod#8-Wall and base cabinets fabricated Association. ; • �.< "y er�i ?4-. of 22 gauge minimum cold rolled furniture .;" grade.steel bonderized and treated with Note: Specifications for all models are " ' zinc chromate prior to finishing with high subject to change without notice. baked acrylic enamel (Available on certain models only.) Acme Kitchenettes Corp page 7 PATRICIA C. MOORS , AUG D 2 �2 AUG ��; , Attorney at Law ,I f 51020 Main Road 11,4 i` Southold,New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 Margaret Rutkowski Secretary August 12 , 2002 Southold Town Zoning Board of Appeals Gerard P. Goehringer, Chairman Southold Town Hall 53095 Main Road Southold, NY 11971 Re : Application #4942- Breezy Sound Shores Dear Chairman and Board: On July 8 , 2002 the Planning Board issued a Negative Declaration pursuant to SEQRA, you received notice of same and we requested that this matter be placed on your calender for a hearing. I have checked on this project and have not been advised that it has been scheduled for a hearing yet . My client and I are very anxious to proceed. Enclosed is the final site plan which is being simultaneously delivered to the Planning Board. We . expect that this site plan will be considered complete for site plan approval . As you know this commercial application is not affected by the moratorium. Your file is complete and we respectfully request a public hearing on the above application. Very truly? ours, Patricia C. Moore cc : Breezy Sound Corp. 11) (---Zs FP )7 PATRICIA C. MOORS it � :41:81)).1 Attorney at Law � � X 510Main Road ± 3�l/ Southold,N.Y. 11952 � � fJy Tel: (631) 765-4330 f Fax: (631) 765-4643 Margaret Rutkowski Secretary August 12 , 2002 Bennett Orlowski, Jr. , Chairman Southold Town Planning Board Q Town Hall 1 53095 Main Road P.O.Box 1179 Southold, NY 11971 Re : Site plan for Breezy Sound CR 48, Greenport, NY Dear Mr. Orlowski and Board: Enclosed please find six prints of the final site plan. My client is anxious to proceed with final site plan approval for the resort motel project . As you know commercial projects are exempt from the Moratorium. The original special permit was granted, a building permit was issued, construction began, the zoning has not changed therefore the permit vested. We arq ._awaiting the date of a hearing befoxe the ZBA for a• -Special Permit with Kitchenettes . Nevertheless, The site plan is ready for your review and approval . If you have any questions please do not hesitate to contact me. fr Very - my yours, mat rici ore cc : Zoning Board with final site plan J Breezy Sound Corp. A y iJ 1 ,////iii,, c APPEALS BOARD MEMBERS oil OFF04 ���0�,® C'e Southold Town Hall Gerard P. Goehringer, Chairman � 53095 Main Road Lydia A. Tortora ; Z P.O. Box 1179 01) George Horning . '� �� Southold,New York 11971-0959 Ruth D. Oliva ,zit„, � ZBA Fax(631)765-9064 -�® i' Telephone(631) 765-1809 Vincent Orlando 4/1 4 P .....•''��� http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD TOWN MEMO TO: Elizabeth A. Neville, Town Clerk FROM: Jerry Goehringer DATE: August 22, 2002 SUBJECT: ZBA Appl. No. 4942 — Breezy Sound Shores The Departments of the Planning Board and Board of Appeals have an application pending by Breezy Sound Shores (located to the north of San Simeon By the Sound Nursing Home). The applicant-Breezy Sound is requesting approval of motel units, with kitchenettes, by Special Exception from the Board of Appeals, and Site Plan approval from the Planning Board. Inasmuch as the Town Board has adopted a moratorium on certain applications (certain Special Exceptions, site plans, subdivisions), and this application is for motels with kitchenettes, an Interpretation is requested for a determination as to whether or not a waiver is necessary from the Town Board. A SEQRA determination was issued by the Lead Agency (Planning Board in July 2002, and the next step with the applicant would be to obtain approval from other agencies (County Wastewater Management Division and S.C. Water Authority), and public hearing processing by Town Departments. Attached are copies of documents from our file which we hope will assist in your consideration. Thank you. Ends. cc: Planning Board r Town of Soothold /D 0 (Q D PC/Cockbookfor B. [Amended 7-5-1989 by L.L. No. 13-1989; 8-1-1989 by L.L. No. 15-1989; 12-27-1994 by L.L. No. 30-1994; 2-7-1995 by L.L. No. 3-1995] Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided and are subject to site plan approval by the Planning Board: (1) Any special exception use set forth in and as regulated by § 100-31B(1), (6), (7) and (13) of the Agricultural-Conservation District. (2) Marinas for the docking, mooring or accommodation of noncommercial boats. (3) Yacht clubs. (4) ,Transient hotels or motels, resort hotels or motels or conference facilities, provided that the following requirements are met: (a) Minimum parcel size shall be five (5) acres. (b) The maximum number of guest units shall be: [1] One(1)unit per six thousand (6,000) square feet of land without public water or sewer. [2] One (1) unit per four thousand (4,000) square feet of land with public water and sewer. (c) No music, entertainment or loudspeaker system shall be audible from beyond the property line. (d) The maximum size of a guest unit shall be six hundred (600) square feet. (5) Tourist camps as regulated by Chapter 88, Tourist and Trailer Camps, of the Town Code. (6) Freestanding restaurants. 1 i t A PATRICIA C. MOORE Attorney at Law JUL 2 031- � Isp� 51020 Main Road Southold,New York-11971 Tel: (631) 765-4330 �`' Fax: (631) 765-4643 Margaret Rutkowski Meliss t McGowan "):91/ Secretaries July 12 , 2002 Southold Town Zoning Board of Appeals Gerard P. Goehringer, Chairman and Board Southold Town Hall 53095 Main Road Southold, NY 11971 Re : Application #4942- Breezy Sound Shores Dear Chairman and Board: Enclosed for your information is a copy of the Planning Board SEQRA resolution granting this project a Negative Declaration. In confirmation of our conversation, for the purposes of your notice, application #4942 is for a new special exception for 68 units, resort motel, with kitchenettes, managers apartment with kitchen, pool, and pool-house, together with such other relief deemed applicable and reasonable. The board should consider reviewing an interpretation (appeal #4039 dated 7/16/91 copy enclosed) made with regard to the definition of Resort Motel as to it' s applicability in 2002 . Motels throughout the Country have kitchenettes as a common amenity. It is my understanding that your file is complete and we respectfully request a public hearing on the above application as soon as possible. This matter has been a pending application on your calender awaiting 1 _ , Final SEQRA coordinated review, therefore, it should not require 12 weeks for a hearing. Your anticipated cooperation is greatly appreciated. Very-iru yours, Patricia C. Moore cc : Breezy Sound Corp. 0,, ✓ ,� c FFOLt PLANNING BOARD MEMBERS ���,, eo BENNETT ORLOWSKI,JR. h P.O. Box 1179 Chairman c :c Town Hall, 53095 State Route 25 Southold, New York 11971-0959 WILLIAM J.CREMERS KENNETH L.EDWARDS `O Telephone (631) 765-1938 - -- - - - - - ..• , 1� ...: aO� ��� Fax(631) 765-3136 RICHARD CAGGIANO 1 * �` �o PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 9, 2002 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 RE: Proposed Site Plan for Breezy Sound Corp. Located at 61475 CR 48, Greenport SCTM # 1000-45-1-2.1 Zone: RR Dear Ms. Moore: The following resolution was adopted at a meeting of the Southold Town Planning Board on Monday, July 8, 2002: BE IT RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, establishes itself as lead agency, and as lead agency, makes a determination of non-significance and grants a Negative Declaration. Enclosed please find a copy of the Negative Declaration for your records. Please contact this office if you have any questions regarding the above. Very truly yours, c� 'e- Bennett Orlowski, Jr. Chairman encl. „F...._ f / Ii....... ! PLANNING BOARD MEMBERS ,i,,o�ps�FFO(,�00 P.O.Box 1179 BENNETT O ,JR. �� �� �' Town Hall, 53095 State Route 25 Chairman p • N $ Southold, New York 11971-0959 WILLIAM J.CREMERS KENNETH L.EDWARDS ��� Telephone(631) 765-1938 . �` :` �O <>.:...>.x. a /��� Fax (631) 765-3136 RICHARD CAGGIANO _ ^! • •.d PLANNING BOARD OFFICE TOWN OF SOUTHOLD State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination Non-Significant July 8, 2002 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Planning Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Proposed site plan for Breezy Sound Corp. SCTM#: 1000-45-1-2.1 Location: 61475 CR 48, Greenport - SEQR Status: Type I ( ) Unlisted (X) Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: To construct a 68 unit motel in 5 buildings, plus a pool house, office, and manager's apartment on 7.13 acres adjacent to the Long Island Sound in an RR Zone. Reasons Supporting This Determination: An Environmental Assessment Form has been submitted and reviewed, and it was determined that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. There has not been any correspondence received from the Department of Health Services Office in the allotted time. Therefore, it is assumed that there are no comments or objections from that agency. i SEQR Negative Declaration - Page Two There has not been any correspondence received from the New York State Department of Environmental Conservation in the allotted time. Therefore, it is assumed that there are no comments or objections from that agency. The applicant will have to comply with the requirements of the Suffolk County Sanitary Code (SCSC) and all relevant standards of water supply and sewage disposal systems. Design and flow specification, subsurface soil conditions and site plan details will have to be approved by the Suffolk County Department of Health Services (SCDHS). This impact is not considered significant due to the anticipated project compliance with established requirements of the SCSC and the SCDHS and the required relevant permits. For Further Information: Contact Person: Victor L'Eplattenier Address: Planning Board Telephone Number: (631)765-1938 cc: Roger Evans, DEC Stony Brook Suffolk County Dept. of Health Suffolk County Planning Commission Suffolk County Water Authority NYS Dept. of Transportation Elizabeth Neville, Town Clerk Zoning Board of Appeals Building Department Applicant / r PATRICIA C. MOORS j JUL 2 )2 Attorney at Law 51020 Main Road Southold,New York 11971 ___._ _ Tel: (631) 765-4330 Fax: (631) 765-4643 Margaret Rutkowski Melissa McGowan Secretaries ' <i July 12, 2002 P Southold Town Zoning Board of Appeals Gerard P . Goehringer, Chairman and Board Southold Town Hall 53095 Main Road Southold, NY 11971 Re : Application #4942- Breezy Sound Shores Dear Chairman and Board: Enclosed for your information is a copy of the Planning Board SEQRA resolution granting this project a Negative Declaration. In confirmation of our conversation, for the purposes of your notice, application #4942 is for a new special exception for 68 units, resort motel, with kitchenettes, managers apartment with kitchen, pool, and pool-house, together with such other relief deemed applicable and reasonable . The board should consider reviewing an interpretation (appeal #4039 dated 7/16/91 copy enclosed) made with regard to the definition of Resort Motel as to it' s applicability in 2002 . Motels throughout the ' Country have kitchenettes as a common amenity. It is my understanding that your file is complete and we respectfully request a public hearing on the above application as soon as possible. This matter has been a pending application on your calender awaiting Final SEQRA coordinated review, therefore, it should not require 12 weeks for a hearing. Your anticipated cooperation is greatly appreciated. Ver. ru yours, -atricia C. Moore cc : Breezy Sound Corp. ' OFFO(A- PLANNING BOARD MEMBERS 1f�i4 ,4 00 BENNETT ORLOWSKI,JR. G.y� P.O. Box 1179 Chairman 1 ` Town Hall, 53095 State Route 25 WILLIAM J.CREMERS t h Z t Southold, New York 11971-0959 KENNETH L.EDWARDS ��0 Telephone (631) 765-1938 - ..• , iv* +����� Fax(631) 765-3136 RICHARD CAGGIANO Oljog 'i . 0 MA,¢.Ti.J 3;1761,2,0-A. PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 9, 2002 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 RE: Proposed Site Plan for Breezy Sound Corp. Located at 61475 CR 48, Greenport SCTM # 1000-45-1-2.1 Zone: RR Dear Ms. Moore: The following resolution was adopted at a meeting of the Southold Town Planning Board on Monday, July 8, 2002: BE IT RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, establishes itself as lead agency, and as lead agency, makes a determination of non-significance and grants a Negative Declaration. Enclosed please find a copy of the Negative Declaration for your records. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. Chairman encl. #11' OFFOL PLANNING BOARD MEMBERS 1ao°0&" CQG PO. Box 1179 BENNETT ORLOWSKI,JR. 11 h`Z` y� ; .- .L Town Hall, 53095 State Route 25 Chairman WILLIAM J.CREMERS Southold,New York 11971-0959 KENNETH L.EDWARDS `� /1 Telephone(631) 765-1938 / Fax (631) 765-3136 RICHARD CAGGIANO N. 6d -a,d' lrl.40e7-i•! S;,04,Tee- , PLANNING BOARD OFFICE TOWN OF SOUTHOLD State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination Non-Significant July 8, 2002 • This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Planning Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Proposed site plan for Breezy Sound Corp. SCTM#: 1000-45-1-2.1 Location: 61475 CR 48, Greenport SEQR Status: Type I ( ) Unlisted (X) Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: To construct a 68 unit motel in 5 buildings, plus a pool house, office, and manager's apartment on 7.13 acres adjacent to the Long Island Sound in an RR Zone. Reasons Supporting This Determination: An Environmental Assessment Form has been submitted and reviewed, and it was determined that no significantadverse effects to the environment were likely to occur should the project be implemented as planned. There has not been any correspondence received from the Department of Health Services Office in the allotted time. Therefore, it is assumed that there are no comments or objections from that agency. K i - SEQR Negative Declaration - Page Two There has not been any correspondence received from the New York State Department 'of Environmental Conservation in the allotted time. Therefore, it is assumed that there 'are no comments or objections from that agency. The applicant will have to comply with the requirements of the Suffolk County Sanitary Code (SCSC) and all relevant standards of water supply and sewage disposal systems. Design and flow specification, subsurface soil conditions and site plan details will have to be approved by the Suffolk County Department of Health Services (SCDHS). This impact is not considered significant due to the anticipated project compliance with established requirements of the SCSC and the SCDHS and the required relevant permits. For Further Information: Contact Person: Victor L'Eplattenier Address: Planning Board Telephone Number: (631)765-1938 cc: Roger Evans, DEC Stony Brook Suffolk County Dept. of Health Suffolk County Planning Commission Suffolk County Water Authority NYS Dept. of Transportation Elizabeth Neville, Town Clerk Zoning Board of Appeals Building Department Applicant PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 Margaret Rutkowski Secretary March 6, 2002 Southold Town Zoning Board of Appeals Gerard P. Goehringer, Chairman Southold Town Hall 53095 Main Road Southold, NY 11971 Re : Application #4942- Breezy Sound Shores Dear Linda and Board: Enclosed for your information is a copy of the Town Trustees permit for the above referenced application. In confirmation of our conversation, for the purposes of your notice, application #4942 is for a new special exception for 68 units, resort motel, with kitchenettes, managers apartment with kitchen, pool, and pool-house, together with such other relief deemed applicable and reasonable . The board should consider reviewing an interpretation (appeal #4039 dated 7/16/91 copy enclosed) made with regard to the definition of Resort Motel as to it' s applicability in 2002 . Motels throughout the Country have kitchenettes as a common amenity. It is my understanding that your file is complete and we respectfully request a public hearing on the above application. Ver-y- truly ours, P6tricia C. Moore cc : Breezy Sound Corp. r Albert J. Krupski,President of/' SVFFO( rTown Hall �o James King,Vice-President 01 . : 4, 53095 Route 25 � z Henry Smith y 1 P.O.Box 1179 � t ti., Artie Foster d • Southold New York 11971-0959 tti ‘;7.'%",; z" 7.. Ken Poliwoda w ` ;a rr7 tTelephone (631) 765-1892 se Fax(631) 765-1366 01 *°01.�� .. •1' BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD • November 27, 2001 Patricia C. Moore, Esq. 51020 Main road Southold,NY 11971 RE: BREEZY SOUND CORP. North Road Greenport, ,NY SCTM#45-1-2.1 Dear Ms. Moore: The following action was taken by the Board of Town Trustees during a Regular Meeting, held on November 20, 2001, regarding the above matter. WHEREAS,Patricia C. Moore, Esq. on behalf of Breezy Sound Corp. applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated October 3, 2001 WHEREAS, said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on November 20, 2001 at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standard set forth in Chapter 97-18 of the Southold Town Code. WHEREAS, the Board has determined that the project as proposed will not affect the health, 2 safety and general welfare of the people of the town, NOW THEREFORE BE IT. RESOLVED, that the Board of Trustees approved the application of BREEZY SOUND CORP. for a Wetland Permit to construct motel on property—freshwater area identified—proposed foundations relocated in order to establish a 50' non-disturbance area and setback from flagged area with the stipulation that there be 50 foot non-disturbance buffer on top of the bluff line that all run-off will be contained on the applicant's property—haybales and silt fence at that line and haybales and silt fence at the 50' non-disturbancee (fresh water)buffer area. As per approved plans revised- 01/07/02 BE IT FURTHER RESOLVED that this determination should not be considered a determination made for any other Department or Agency, which may also have an application pending for the same or similar project. Permit to construct project will expire two years from the date it is signed. Fees must be paid, if applicable and permit issued within six months of the date of the notification. Fee must be paid, if applicable and permit issued within six months of the date of this notification. Two inspections are required and the Trustees are to be notified when project is started and on completion of said project. FEES: NONE Very truly yours, Albert J. pski, Jr. President, Board of Trustees AJK/cj c cc: Building Department Health Department DEC Army Corp. Dept. of State Page 24 - Appl. No. �"J9 Application of CLIFESIDE ASSOCIATES Decision Rendered August 18, 1993 • 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 aninterpretation 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 25 Appl. No. 4' ) Application of CLIFFSIDE 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' br 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 27 - Appl. No. :19 { Application of CLIF,_ _ :DE 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. This resolution was duly adopted. * * * i Breezy Sound Corp. a/k/a Cliffside 38 Oak Street Patchogue,NY 11772 November 14, 2000 Patricia C. Moore, Esq. 51020 Main Road Southold,NY 11971 Dear Ms. Moore: I, Ake-/, 4 J / 2 s! 7 an officer of Breezy Sound Corp. ffside, 38 Oak Street, Patchogue,NY 11772 hereby authorize you to make an application to the Zoning Board of Appeals and Planning Board of the Town of Southold, and any other necessary agencies on my behalf. Very truly yours, Bre-zy Sound Corp. a/k/a Cliffside By _ ` QUESTIONNAIRE FOR FILING WITH YOUR Z.H.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. ) /den cloli s, 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? bluff 2. Are the wetland areas shown on the map submitted with this application? 3. Is the property bulkheaded between the wetlands area and the upland building area? no 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? nO If yes, please submit a copy of your building permit and map as approved by the Building Department. -If none, please state. H. Do you or any co-owner also own other land close to this parcel? - n° If yes, please explain where or submit copies of deeds. I. Please list resent use,.or operations conducted at this parcel;'' ' mot el/-,Toundation's' pro•osed usemmnrI 'a and 4,0 Authorized "gn ' ure an.- ate 3/87, 10/901k ♦ H APPLICANT TRANSACTIONAL DISCLOSURE FORM The Town of Southold ' s Code of Ethics prohibits conflicts of interest on the earl, of town officers and employees . The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same . YOUR NAME: A ,-.e ` , , 65foSO4D (Last name , first name , middle initial , unless you are applying in the name of someone else or other entity , such as a company . If so, indicate the other person ' s or company ' s name . ) NATURE OF APPLICATION: (Check all that apply . ) Tax grievance Variance Change of zone Approval of plat Exemption from plat or official map _ Other _ _ `xCz /7"'► ( If "Other, " nae the activity . ) Do you personally (or through your company, spouse, sibling , parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO X If you answered "YES, " complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold `Title or position of that person - Describe the relationship between yourself ( the applicant ) and the town officer or employee . Either check the appropriate line A) through D) and/or describe in the space provided . The town officer or employee or his or her spouse , sibling, parent , or child is (check all that apply ) : A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation ) ; B) the legal or beneficial owner of any interest in a noncorporate entity (when the applicant is not a corporation ) ; C) an officer, director , partner , or employee of the applicant; or D) the actual applicant . DESCRIPTION OF RELATIONSIITP • Submitted tl s // day of/6r-9-9 2/ Signa bur L-1"-%---710,0A-4_-'a: - /Vo.e/ 6 . [j�;ac•rieb Pr L n t: name A,//, / /3 • Referee Devi in r arecweure. I, . / L/1 tbr5 ett gi Made the / 0 T day of June, nineteen hundred and ninety-six n igettbeett . WILLIAM D. MOORE, 3/5 ol�� { esTP�fi//k fU� /flT7 eferee duly appointed in the action hereinafter mentioned, Grantor Sttitb BREEZY SOUND CORP. 3 S9,—k S 7Z6ke7— ®STRi e i U,/, l hxC � BLOCK LOT '., r-- [71:12—' "Ati 114 21 0 12 j Grantee: Witnegssetfj, that the Grantor, the Referee appointed in an action between BREEZY SOUND CORP. , plaintiff , and CLIFFSIDE ASSOCIATES, defendants, foreclosing a mortgage recorded on the 20th day of April , nineteen hundred and eighty-seven in the office of the Clerk of the County of Suffolk , in liber 12763 of mortgages, at page 503 , in pursuance of a judgment entered at a special term of the Supreme Court, State of New York: County of Suffolk on the 11th day of April nineteen hundred and ninety-six and in consideration of One Million Thirteen Thousand Eight Hundred Three & 30/100 Dollars paid by the Grantee, ($1 ,013,803.30) being the highest sum bid at the sale under said judgment does hereby grant and convey unto the Grantee, all the right, title and interest of the defendants Cliffside Associates in and to the real property set forth on Schedule A annexed. RECORDED JUL1996 EDWARD P.ROMAINE CLERK OF SUFFOLK COUNTY lk {1 SCHEDULE A ALL that certain plot; piece or parcel of land,with the buildings and improvements thereon erected, situate, lying and being at Greenport,Town of Southold, County of Suffolk and State of New York,being more particularly bounded and described as follows: BEGINNING at a point on the Northwesterly side of Middle Road (County Road 48) at the Southeasterly corner of land now or formerly of Patrick J. Steward and Rose M. Steward and the Southwesterly corner of the premises herein described. RUNNING THENCE along the said land of Steward the following two courses and distances: (I) North 35° 04' 1 1" West 129.46 feet; (2) South 61° 19' 49" West 100 feet to the land now or formerly of P. J. Bangs Estate. THENCE along said land North 17° 12'41'West 551.63 feet to a tic line along the approximate high water mark of Long Island Sound. THENCE along said tic line the following nine courses and distances to the land now or formerly of Jerad Motel Corp.: . (I) North 34° 34' 32" East I I.65 feet; (2) North 35° 32' 25" East 51.96 feet; (3) North 34° 01' 23" East 53.44 feet; (4) North 23° 16' 20" East 52.99 feet; (5) North 28° 02' 10" East 54.04 feet; (6) North 22° 38' 26" East 50.22 feet; (7) North 22° 35'49" East 53.26 feet; (8) North 24° 25' 20" East 57.85 feet; (9) North 29° 15' 52" East 20.68 feet to land now or formerly of Jerad Motel Corp. THENCE along said land South 44° 32' 51" East 566.92 feet to the Southwesterly side of Middle Road (County Road 48); THENCE along the Southwesterly side of Middle Road(County Road 48) the following three courses and distances to the point or place of beginning: (I) South 19° 33' 39" West 158.12 feet; (2) South 24° 02 '49" West 297.94 feet; (3) South 35° 35' 39" West 145.82 feet to the point or place of BEGINNING. lifortny swum F0e v"(At , s. • ....._..-.. ...-...w.v •.1v+. ".v:.r.r:+ a .,Yt?•'rt^'-.....- .. --. •--_---,w„s.. ... .-.. .. .. .. . •, r ^'. 1 + ' } µ 11 _ ! tro babe anb to bona the premises herein granted unto the Grantee and assigns forever. • Whenever the text hereof requires, the singular number as used herein shall include the plural and all genders. 3in 0,1 itnegg Wilbereof, the Grantor has hereunto set his hand and seal, the date first above written. /9/ 1 Referee IL. S.•� 311 Vregente of: STATE OF NEW YORK COUNTY OF SUFFOLK ss.: On the /Q T h day of June nineteen hundred and ninety-six before me came William D. Moore, Referee to me known and known to me to be the individual described in, and who executed, the foregoing instrument and acknowledged to me that he executed the same. ri MARGARET C.RUTKOWSKI-- - , • / /1/ / . •'' a a�of New Yak RECORDED 1O -.ry 'u. is EDWARD P.ROMAINE _ JUL 3 1996 CLERK OF SUFFOLK COUNTY ,iriii�. APPEALS BOARD MEMBERS �,�i �S�fF0 fr =, ��,�p�® COG Southold Town Hall Gerard P. Goehringer, Chairman ���_ � : 53095 Main Road James Dinizio,Jr. t y Z P.O. Box 1179 Lydia A.Tortora � Southold,New York 11971 Lora S. Collins 'f' °` \ �i� ZBA Fax(631)765-9064 George Horning \= off' �► ��� Telephone (631) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD February 28, 2001 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Breezy Sound Corp. Dear Mrs. Moore: You have requested that your application in the above project be returned to you. Accordingly, we enclose the application with accompanying documents and your check#2849. The application was not filed or processed. Very truly yours, 4.00theed€4740° Gerard P. Goehringer Chairman Enclosures PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631)765-4330 Fax: (631)765-4643 Margaret Rutkowski Secretary November 15, 2000 Southold Town Zoning Board of Appeals Gerard P. Goehringer, Chairman Southold Town Hall 53095 Main Road Southold, NY 11971 4!� Re : Breezy Sound Corp. 0z' Amend Special Exception No ,3542 D� Dear Chairman and Board: Enclosed please find an application to amend the Special Exception granted to Cliffside (Tide Mark) , now Breezy Sound Corp. , to construct 76 Motel Units in the Resort/Residential district . The application is to amend the Special Permit to permit "kitchenettes" in the units . The motels/hotels of Southold and Greenport have added kitchenettes as a customary and accessory amenity without obtaining approval from any board, nevertheless, the Board issued an interpretation on August 18, 1993 which directed the applicant to amend the Special Permit to specifically address the issue and extend the permit . This project has not been constructed, in part, because of the Special Permit condition prohibiting the addition of kitchenettes . Therefore, we are submitting an application to modify and extend the Special Permit to permit the addition of a prefabricated kitchenette in the units . No other amendment to the Special Permit is requested. • 1 The following documents are provided: 1 . Application for Special Exception 2 . Questionnaire 3 . Long Environmental Assessment Form- also submitted to Planning Board 4 . Authorization 5 . Transactional Disclosure 6 . Copy of Board' s two previous decisions (Appeal No. 3542 and No.4039) On this date we have also submitted an application for site plan approval to the Planning Board. If you have any questions, or request any additional documents please do not hesitate to contact me. OVe )1,,y_yours, ricia C. Moore cc : Planning Board Breezy Sound Corp. JWN OF SOUTHOLD, NEW YORK • APPLICATION FOR SPECIAL EXCEPTION Application No. Date Filed: TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: I (We) Breezy Sound Corp. C�liffside of 38 Oak Street (Residence, House No. and Street) Patchogue, NY 11772 (Hamlet, State, Zip Code, Telephone Number) hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLEr , SECTION 100-263A 5 fiagia0 oo^6.0 CON) ,a jo for the below-described property for the following uses and purposes (and as shown on the attached plan drawn to scale) : Special Exception Permit approved November 2,1989 No. 3542 which permitted construction of 76 Motel Units in the Resort/Residential (RR) Zone District. Applicant request to modify and extend Special Exception permit to remove condition that no kitchenettes in units•and .a,llow kitchenettes in the motel units as shown on design drawings. Kitchenettes are customary and accessory amenities to Resort motel, Motels in Southold presently contain kitchenettes and applicant wishes to similarly be permitted to provide this amenity in their units. PLease see attached. A. Statement of Ownership and Interest. Breezy Sound Corp is(are) the owner(s) of property known and referred to as no , . . , House No. , Stree , Hamlet' SCTM#1000-045-o1-2.1 identified on the Suffolk County Tax Maps as District 1000, Section45 , Block 01 , Lot(s) 2.1 , which is not (is) on a subdivision Map (Filed "Map of " Filed Map No. and has been approved 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: see attached. C. Thee property which is the subject of this application is zoned RR and [ ] is consi.tc:nt 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) : [g ] is vacant land. with foundations COUNTY OF SUFFOLK) STATE OF NEW YORK) ss. : r / igna ure , Swor• to bef.- e thi s / 7 day of AlOtl7y0 —l-9 • ry Pub 1 i c) PATRICIA C.MCORE _ 7_132 (rev. 2/6/86) Notary Public,State of'New York Suffolk County o No.4881668 Commission Expires June 18, E • PROPERTY CLIFFSIDE(TIDE MARK) Appeal No. 3542, and Appeal 4039 BREEZY SOUND CORP. SPECIAL EXCEPTION CRITERIA: PRESUMPTIVELY VALID...ALLOWS HIM TO PUT HIS PROPERTY TO A USE WHICH THE ORDINANCE EXPRESSLY PERMITS....THE USE IS CONTEMPLATED BY THE ORDINANCE SUBJECT TO REASONABLE CONDITIONS TO MINIMIZE THE IMPACT ON THE SURROUNDING AREA 100-263 A. THAT THE USE WILL NOT PREVENT THE ORDERLY AND REASONABLE USE OF ADJACENT PROPERTIES OR OF PROPERTIES IN ADJACENT USE DISTRICTS: The premises is located along the north side of County Road 48, Town of Southold, County Tax Map #1000-045-01-2.1; the approval was obtained for 76 Motel Units in the Resort/Residential (RR)Zone District; a condition of the special exception was that only the manager's unit would have kitchen facilities. An interpretation was requested in 1993 with regard to the addition of kitchenettes, as of right, and the Board in their decision rendered on August 18, 1993 determined that"the proposed kitchenettes or cooking facilities would be an extension of the permitted motel use granted under Special Exception permit conditionally granted under appeal No. 3542,on November 2, 1989" Consequently this appeal is to amend the November 2, 1989 Special Exception permit and modify and extend the Special Exception Permit to permit construction of kitchenettes in the units. The prohibition of kitchenettes has created a problem in that all other Resort Motels in Southold have Kitchenettes, the use of kitchenettes has become customary in the trade and the banks will not finance this project, as approved . In 1989 when the project was first approved the applicant's record was not made clear to include kitchenettes. The applicant assumed the use would be permitted. Since 1989 throughout the country and in Southold Town small "kitchenettes"have become customary and the public demands this amenity: the following Southold Motels have kitchenettes. Sunset Motel(adjacent property), Soundview Motel, Silver Sands Motel and Townsend Manor Inn. These Kitchenettes are prefabricated units. They are classified under the N.Y.S. Fire Prevention and Building Code differently than "kitchens"in that kitchenettes are"nonhabitable space" equivalent to the fire rating of bathrooms and closets (NYCRR 606.3); a kitchenette is very limited in its function and use, it is functional to a resort motel because the occupants have limited need for cooking facilities. B. THAT THE USE WILL NOT PREVENT THE ORDERLY AND REASONABLE USE OF PERMITTED OR LEGALLY ESTABLISHED USES IN THE DISTRICT WHEREIN THE PROPOSED USE IS TO BE LOCATED OR ADJACENT USE DISTRICTS: The Special Exception will remain as approved in all other respects. The kitchenettes will not change the original size or design of the units. Simultaneously with this application, the applicant has filed for an amended site plan. The site plan has been enhanced to place the buildings away from the bluff. The foundations for Building"B" and"C"were constructed under the previous building permit and can not be moved. This resort motel is intended to be elegant and desirable. The amenities expected in a elegant resort motel include a kitchenette. C. THAT THE SAFETY,THE HEALTH,THE WELFARE,THE COMFORT, THE CONVENIENCE OR THE ORDER OF THE TOWN WILL NOT BE ADVERSELY AFFECTED BY THE PROPOSED USE AND ITS LOCATION The proposed amendment to the Special Exception approval of 1989 is in conformity with the changing customary and incidental use of the property. The expectations of resort motel users is to be able to prepare a hot breakfast or lunch. Most vacationers stay in a resort motel for an extended vacation with their family and require minimal kitchen facilities. The expectations of vacationers in the Town of Southold are to stay in clean, convenient, and well cared for accommodations. D. THAT THE USE WILL BE IN HARMONY WITH AND PROMOTE THE GENERAL PURPOSES AND INTENT OF THIS CHAPTER The existing motels provide this service- a kitchenette-new motels can not be constructed without meeting the minimal customary expectations of their guests. This project has been frustrated by that condition and has not been able to obtain financing with that restriction. The Community needs additional resort motel space,however,until this Special Exception is amended,this project can not be constructed. E. THAT THE USE WILL BE COMPATIBLE WITH ITS SURROUNDINGS AND WITH THE CHARACTER OF THE NEIGHBORHOOD AND OF THE COMMUNITY IN GENERAL,PARTICULARLY WITH REGARD TO VISIBILITY, SCALE AND OVERALL APPEARANCE The exterior of the buildings will not change,the interior space is modified to place a prefabricated kitchenette in the living area. All other resort motels in the Town of Southold have this amenity and the use has become customary and accessory to resort motels. F. THAT ALL PROPOSED STRUCTURES,EQUIPMENT AND MATERIAL SHALL BE READILY ACCESSIBLE FOR FIRE & POLICE PROTECTION The kitchenette will meet New York State Fire Prevention and Building Code standards. No other change to the unit is required. • • 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. ) 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? bluff 2. Are the wetland areas shown on the map submitted with this application? 3. Is the property bulkheaded between the wetlands area and the upland building area? no 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? no If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? - riO If yes, please explain where or submit co of deeds. pies I. Please list resent use or operations conducted at this _ parcel ' motel/- foundati'on's'- pro osefd use motel and • Alk Authorized "gn./ ure an.-Tate 3/87, 10/901k , ,1 -Th, ,/ . - . ,,00,00. ) 1Q1',-,,!'‘4'` �� ���,p7\ er OG • p ELIZABETH A.NEVILLE ��Z : Town Hall, 53095 Main Road TOWN CLERK ` y i P.O.Box 1179 REGISTRAR OF VITAL STATISTICS ; 1,� Southold, New York 11971 MARRIAGE OFFICER y �1 Fax(631) 765-6145 RECORDS MANAGEMENT OFFICER �_��l .�����iITelephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER i�� . ...., OFFICE OF THE TOWN CLERK r--- TOWN OF SOUTHOLD I E.; q_ 0\-\,(7 f c,' l+ it �11 FB3 2 2 2001 +j 2 1 i February 20, 2001 I s ;I( The Southold Town ARCHITECTURAL REVIEW COMMITTEE will meet on Tuesday, February 27, 2001 at 4:00 P.M. in the Conference Room at Southold Town Hall, 53095 Main Road, Southold,New York. zs�- AGENDA 1. Continuation of Peconic Bay Winery, Cutchogue ___2. Review of Breezy Sound Resort Motel, Greenport a� Elizabeth A. Neville Southold Town Clerk Committee Members Town Board Town Attorney Chief of Police Supt. of Highways Departments Newspapers Radio News 12 ekwi, Southold Town :. oard of Appeals _rel .,‘%%, MAIN MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 .."..04..000 04°1 TELEPHONE 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 notped 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 mir}imum 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 RINGER.% CHAIRMAN Page 24 - Appl. No. 4-c9 Application of CLIFFSIDE ASSOCIATES Decision Rendered August 18, 1993 • 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 26- Appl. No. 4039 Application of CLIFE DE ASSOCIATES ', Decision Rendered At st 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 Paye 25 Appl. No. 'u39 Application of CLIFFSIDE 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, off ice • 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• br 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 service , swimming pool and off-street parking facilities . The term "transient hotel or motel" shall not be • construed to include "resort motel" or "mobile . Page 27 - Appl. No. "^39 Application of CLIF, CDE 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. This resolution was duly adopted., * * * ez,5,1 A.:( PLANNING PLANNING BOARD MEMBERS �����atFFO(r- Ili �� COG�� Town Hall, 53095 State Route 25 BENNETT ORLOWSKIJR. I p Chairman �1�I— y�; P.O. Box 1179 WILLIAM J.CREMERS ; y = Southold, New York 11971-0959 _ Telephone (631) 765-1938 KENNETH L.EDWARDS by, A� P GEORGE RITCHIE LATHAM,JR. : `� Fax Fax(631) 765-3136 RICHARD CAGGIANO ;yfj01 jig �apNll/l ill Q � PLANNING BOARD OFFICE TOWN OF SOUTHOLD 1 November 21, 2000 Patricia C. Moore, Attorney at Law 51020 Main Road Southold, NY 11971 RE: Breezy Sound Corp. Ovm fie ( r` c, J County Route 48 Greenport, NY 11944 Dear Mrs. Moore, The Planning Board has received your letter of application for the above project. The following changes/additions must be made before the Board can proceed with its review: 1. LEAF dated March 16, 1995, indicates two tennis courts on the site plan. The plan does not show these courts. The LEAF under"C" indicates that the Planning Board requires no action, yet this is a site plan application to the Planning Board. An updated LEAF signed by the applicant or his agent must accompany the application. 2. Copies of sewer and water contracts. 3. Other environmental permits, as required. 4. Colors and materials must accompany elevation drawings. Enclosed is a listing of the material required for artchitectural review. In addition to the above, permits are required from The NYS Department of Transportation and the Suffolk County Department of Health Services. /6� 3 Review is required by the Zoning Board of Appeals to determine the status of the original prohibition on kitchens. A review of the SEQRA process will be made to determine the procedure for review by the Town's consultant. Your cover letter indicated.prior approval for a 76-unit motel, this is incorrect, the application is for a 68-unit motel. If you have any questions, or require assistance, please contact this office. mere ', ' //a/a/j4'1 Ro I ert Kassner Site Plan Reviewer Encl.�s J Cc: Edward Forrester, Director of Code Enforcement Gerard P. Goehringer, Chairman, Board of Appeals 0263 3 Information to be submitted or included with submission to Architectural Review Committee. * Site Plan. * Type of Building Construction, Occupancy, Use and Fire Separation. * Floor ,Plans Drawn to Scale - 1/4"=1' preferred. • * Elevation Drawings to Scale of all sides of each Building, 1/4"=l'preferred including the following information: Type and color of roofing - include sample. Type and color of siding - include sample. Type of windows and doors to be used, material and color of all windows and doorframes- - include sample. Type and color of trim material - include sample. * Type of heating/cooling equipment to be used. Show exterior locations of all equipment i.e. , heatpumps, air conditioning compressors, etc. on plans and/or elevations. * Type and locations of all roof-mounted mechanical equipment. * Type and locations of all mechanical equipment and/or plumbing venting through roof or building eidewall. * Type, color and style of proposed masonry material for chimneys or accent walls - include samples or photos. * Details, color, type and style of any proposed ornamentation, awnings, canopies or tents. * Photos of existing buildings and/or neighboring properties from four directions of project site. * Type, Color and Design of all exterior signage, both building-mounted and free standing. ,, ,74) „, i <�/.-0d PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,N.Y. 11952 Tel: (631)765-4330 Fax: (631)765-4643 Margaret Rutkowski Secretary November 15, 2000 Bennett Orlowski, Jr. , Chairman Southold Town Planning Board Town Hall 53095 Main Road P.O.Box 1179 Southold, NY 11971 (BY HAND) Re: Breezy Sound Corp. Site Plan Dear Chairman and Board: Enclosed please find an application for site plan approval . As you know a site plan was granted to Cliffside (Tide Mark) , now Breezy Sound Corp. , to construct 76 Motel Units in the Resort/Residential district . A building permit was granted and two foundations were started. The application has modified the original site plan and addressed all the concerns raised by the board in their previous communications . Simultaneously with this application, I have filed an application to amend the Special Permit to permit "kitchenettes" in the units . The motels/hotels of Southold and Greenport have added kitchenettes as a customary and accessory amenity without obtaining approval from any board, nevertheless, the Board issued an interpretation on August 18, 1993 which directed the applicant to amend the Special Permit to specifically address the issue and extend the permit . This project has not been completed, in part, because of the Special Permit condition. prohibiting the addition of kitchenettes . Therefore, we are submitting an application to modify and extend the Special Permit to permit the addition of a prefabricated kitchenette in the units . No other amendment to the Special Permit is requested. The following documents are provided: 1 . Application for site plan approval with site plan drawings 2 . Questionnaire 3 . Long Environmental Assessment Form- also submitted to Zoning Board 4 . Authorization 5 . Transactional Disclosure A complete site plan with grading, drainage and landscaping was forwarded to Chick Voohrhis, a copy of the letter from Barrett,Bonachi & Van Weele, P.C. to Chick Voohrhis is enclosed. He is awaiting your direction to begin his review. Thank you for your anticipated cooperation. Very truly yours, Patricia C. Moore cc : Zoning Board Breezy Sound Corp. PLANNING BOARD MEMBERS ‹jt.: RICHARD G.WARD i0 _ CQ �� Town Hall. 53095 Main Road Chairman "b P.O. Box 1179 GEORGE RITCHIE LATHAM,JR. o Southold, New York 11971 BENNETT ORLOWSKI,JR. - - rax(516) 765-3136 WILLIAM J. CREMERS ' . c Telephone (516) 765-1938 KENNETH L.EDWARDS q0/ 0410 yard Site Plan Application / Page: P' /APPLICANT'S AFFIDAVIT STATE OF NEW YORK COUNTY OF SUFFOLK 674 ( t5,osrtt) being duly sworn, deposes and says that he residcs at C O'/ r:e-c.- y -4a ti a.h c'4 fOinc US//1-Piv1 in the State of New York, and that he is the owner of the above property, or that he is the P of the 13r S y OOnci C Yo-i ,)�• (Title) (Specify wnether Partnership fdr Corp.) 3r teak S•{r ::`, TO-'' ° // //77� which is hereby making application; that there are no existing structures or improvements on the land which are not shown on the Site Plan; that the title to the entire parcel, including all rights-of-way, has been clearly established and is shown on said Plan; that no part of the Plan infringes upon any duly filed plan which has not been abandoned both as to lots and as to roads; that he has examined all rules and regulations adopted by the Planning Board for the filing of Site Plans and will comply with same; that the plans submitted, as approved, will not be altered or changed in any manner without the approval of the Planning Board; and that the actual physical improvements will be installed in strict accordance with the plans submitted. Signed (9wner) • Signed, - ;_ Partner or Corp .te Off far and Title) Sworn to me this o D a mac_ .2/900 •(Natacy-Pd6llic) ThICIA C.MOORS Nlotery Public,State of New York SuffolkPACounty-iso.4861868 Commission Expires June 16,22Z2----- ,.x�"qr.°^� ..+--•..�-'F'°,'i-l-%V:+mv nz,+rp.��' =i.a'_C.^c^;^. ,. ,i..\ TTa'Yi."`,�".:,..,"'. ;?^.'' 1:' `.v�sr� -. __ __ _ n ..• e<4t?••,::a..+,wti.;: .t7.^.7.^.aaas �rxc�rsr'.,.."^.+^;nivs:�. 7 // , 14 I. Page 3 Planning Board Site Plan Application , Total Land Area of Site (acres or square feet) Zoning District / �// l ,/ Existing Use of Site V&e2r2 - ha4C/a-? '7)5 , / /Vbk/ ✓ Proposed Uses on Site. Show all uses proposed and existing. Indicate which building will have which use. If more than one use is proposed per building, indicate square footage of floor area that will be reserved per use. 0? /in ldt recur-' /46,Cf II �iAP bar..4 ///yS • • Secfitioito• Gross Floor Area of Existing Structure(s) Gross Floor Area of Proposed Structure(s) at-e_ „D � Percent of Lot Coverage by Building(s) /� ,2-14-xd Percent of Lot for Parking (where applicable) r4t eza aiJn6/1 Percent of Lot for Landscaping (where applicable) ic,,,v /9(y Has applic nt been granted a variance and/or special exception by ` Board of Appeals - Case # & date 3 s--,‘‘.2— 8/i d/6 &'o3 .�g//13/93 Board of Trustees - Case # & date /v'74 NY State Department of Environmental Conservation - Case # & date arpyez.p, ,,Le 'Aeac/t il Suffolk County Department Health Services - Case # & date G/0—e7—6/0 yv b. ofda-7," C/0-87-D/oCase Number aWszde Name of Applicant a/C/90 Date of Decision 93 Expiration Date Other Am Will any toxic or hazardous materials, as defined by the Suffolk County Board of Health, be stored or handled at the site? • If so, have proper permits been obtained? Name of issuing agency 2. _ Number and date of permit issued. NO ACTION(EXCAVATION OR CONSTRUCTION)MAY BE UNDERTAKEN UNTIL APPROVAL OF SITE PLAN BY PLANNING BOARD. VIOLATORS ARE SUBJFCT TO PROSECUTION. Breezy Sound Corp. a/k/a Cliffside 38 Oak Street Patchogue,NY 11772 November 14, 2000 Patricia C. Moore, Esq. 51020 Main Road _ Southold,NY 11971 Dear Ms. Moore: I, V&--/,<- an officer of Breezy Sound Corp. Atha Cliffside, 38 Oak Street,Patchogue,NY 11772 hereby authorize you to make an application to the Zoning Board of Appeals and Planning Board of the Town of Southold, and any other necessary agencies on my behalf. Very truly yours, Bree y Sound Corp. a/k/a Cliffside Town ct Southold PC/Ctxtebook for Windows , § 100-263. General standards. [Amended 6-15-1993 by L.L. No. 10-1993] No special exception approval shall be granted unless the Zoning Board of Appeals specifically finds and determines the following: A. That the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts B. That the use will not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the proposed use is to be located or of permitted or legally established uses in adjacent use districts. C. That the safety, the health, the welfare, the comfort, the convenience or the order of the town will not be adversely affected by the proposed use and its location. D. That the use will be in harmony with and promote the general purposes and intent of this chapter. E. That the use will be compatible with its surroundings and with the character of the neighborhood and of the community in general, particularly with regard to visibility, scale and overall appearance. F. That all proposed structures, equipment and material shall be readily accessible for fire and police protection. 1 i APPLICANT TRANSACTIONAL DISCLOSURE FORK The Town of Southold ' s Code of Ethics prohibits conflicts of interest on the part of town officers and employees . The purpose of this form is to provide information which can alert the town of •ossibJ.e conflicts of interest and allow it to take whatever action is necessary to avoid same . Breezy Shores alto Cliffside YOUR NAME: (Last name , first name , middle initial , unless you are applying in the name of someone else or other entity , such as a company . If so , indicate the other person ' s or company ' s name . ) NATURE OF APPLICATION! ( Check all that apply . ) Tax grievance Variance Change of zone Approval of plat Exemption from plat or official map Other. Special Exception ( If "Other , " name the activity . ) Do you personally (or through your company, spouse, sibling , parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest_ "Business interest" means a business, including a partnership, In which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO X If you answered "YES, " complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself ( the applicant ) and the town officer or employee . Either check the appropriate line A) through D) and/or describe in the space provided . The town officer or employee or his or her spouse , sibling , parent , or child is ( check all that apply ) , T ) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation ) ; B) the legal or beneficial owner of any interest in a noncorporate entity (when the applicant is not a ' corporation ) ; C) an officer , director , partner , or employee of the applicant ; or D) the actual applicant . DESCRIPTION OF REI,ATTONSIIIP Submitted tlis day of 199 Signature - Print name <Vcy - -. Pc ' 5- ( e l� 1 PATRICIA C. MOORE 7 1 Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (516)765-4330 ,` Fax4516)765-4643 - ----17 j-� '1 Margaret Rutkowski r t g S'l a ?=' 1 \ Secretary '= NM \\\\\�'\ \\\) \- MAS � qa_____:______30\ � <� � May 10, 2001 `____ j Southold Town Zoning Board of Appeals Gerard P. Goehringer, Chairman Southold Town Hall 53095 Main Road Southold, NY 11971 Re : Application #4942- Breezy Sound Shores Dear Chairman: In response to your April 13 , 2001 letter, it is my opinion that appeal 3542 is a valid and active Special Exception for 68 motel units and one manager' s unit on 7 acres subject to certain conditions, one of the stated conditions at item 5 stated "that it is the understanding of this board that only the managers unit will contain kitchen facilities" . The application for the special permit dated 7/28/86 was to "construct 76 motel units in accordance with _ Section 100-50 B (4) and the proposed use would comply with section 100-121 C of the Code . " (Attached is the zoning code in effect in 1986) The plans submitted in 1986 did not show kitchens or kitchenettes in the motel units and the zoning code did not restrict placement of kitchenettes in a "motel" . (attached 1986 definition) In 1989 the Zoning Board granted a Special Exception for a Resort Motel without reference to cooking facilities in the units except to state that "it is the understanding of this board that only the managers unit will contain kitchen facilities" . The applicant thereafter obtained a building permit . The foundations were poured for the units adjacent to the Long Island Sound. In 1991 the applicant sought to modify his plans to add kitchenettes but the building inspector denied the amended building permit . On July 16, 1991 appeal no. 4039 was submitted to ZBA for an Interpretation (the ZBA advised the applicant that a Variance for kitchenettes was not appropriate because the ZBA would first issue an interpretation of whether the kitchenettes could be added, as of right, under the code) . The interpretation found that kitchenettes could not be added as of right . As to the approval, the Planning Board forwarded several memo' s expressing their opinion that the Site Plan and SEQRA had not considered cooking facilities for the units and additional Site Plan and SEQRA review would be required. The Planning Board objected to the addition of kitchenettes without first submitting the project to them for review. Consequently, a new application for a Special Exception, Resort Motel , with Kitchenettes, was submitted to you on March 12 , 2001 . The Planning Board Site plan review, elevations, and SEQRA, coordinated review, provides for 68 units with kitchenettes and manager' s apartment (with kitchen) , with pool and pool house shown on site plan. This is a new and independent application from the Special Exception approval of 1989, this application is entitled to be reviewed, and I believe should be approved. I hope that my letter is helpful to you. Very truly yours, Patricia C. Moore 10/05 '01 THU 08:31 FAX 516 765 6145 SOUTHOLD CLERK l ]001• r _ • ( . § 100-50 ZONING § 10041 arranged, intended or designed to be used, in whole or in part,for any use except the following: A. Permitted uses. (1) Any permitted use set forth in, and as regulated by, §§ 100-30A and 100-40A of this chapter. • B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Apeals, as hereinafter provided, • and subject to site plan approval by the Planning Board in accordance With Article XIII hereof: • (1)• .Any special exception use set forth in, and as regulated . . by, § 100-30B of this chapter, except that the use set .. forth in§ 100-30B(16)shall not require site plan approval. [Amended 7-1-86 by L.L.No.5-19861 (2) Marinas for the docking, mooring or accommodation of noncommercial boats) (3) Multiple dwellings. (4) Hotels and motels. (5) Tourist camps.2 C. Accessory uses. • (1) Any accessory use set forth in, and as regulated by, §§ 100.30C and 100-40C of this chapter. (2) Accessory uses on the same lot with and customarily incidental to any permitted use and not involving a separate business. . (3) Signs as set forth in § 100-40C(3) of this chapter. [Added 2.143 by L.L. No. 24983] § 100-51. Bulk, area and parking requirements. No buildings or premises shall be used and no building or part ' thereof shall be erected or altered in the M-1 General Multiple. I''.lilor"Note;tieealso('Ii.;Pi Iiu111-.I)...-Le.Hod{VIY.II'iI.,. I..11iineN Nutt.:SrPal`.,(•h.M.•I'uuri. anil'1',:,iler 1'71g111ti • 10031 s.s,-..kr; 1 Post-its Fax Note 7671 1/m5;110 101 1 Pi 01 e`pages -4 To � �'Y\0OrQ, Prom d1 CoJDept. 1 Co. • Phone#r7fes - `Imo Phone# Fax# /Gs^ 1_1‘q 5 Fax# 10/05 '01 THU 08:32 FAX 516 765 6145 SOUTHOLD• CLERK Z002 • • § 100-121 ZONING § 100-121 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 un- necessary hardships in the way of carrying out the strict letter of these regulations, the Board of Appeals shall have Cthe power to vary or modify the application of such regulations so that the spirit of the chapter shall be ob- served, 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 d• hearing, authorize such permitted use and its location within the district in which this chapter specifies the permitted use may be located, subject, however, to the following: ( (1) Before such approval shall be given, the Board of Appeals shall determine: (a) That the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts. • (b) That the use will not prevent the orderly and reasonable use of permitted or legally established •uses in the district wherein the proposed use is to • be located, or of permitted or legally established uses in adjacent use districts. (c) That the safety, the health, the welfare, .the comfort,.the convenience or the order of the town will not be adversely affected by the proposed use and its location. (d) That the use will be in harmony with and promote the general purposes and intent of this chapter. - (2) In making such determination, the Board of Appeals shall also give consideration, among other things, to: 10055 4.23.53 •• •L 10/05 '01 THU 08:32 FAX 516 765 6145 SOUTHOLD CLERK 421003 • § 100-121 • SOUTHOLD CODE § 100-121- (a) The character of the existing and probable development of uses in the district and the • • peculiar suitability of such district for the location of any of such permitted uses. (b) The conservation of property values and the • encouragement of the most appropriate uses of • land. (.c) The effect that the location of the proposed use may have upon the creation or undue increase of vehicular traffic congestion on public streets or highways.. (d) The availability of adequate and proper public or • private water supply and facilities for the treatment,removal or discharge of sewage, refuse or other effluent(whether liquid, solid, gaseous or otherwise)that may be caused or created by or as a result of the use. ' (e) Whether the use or the materials incidental • thereto or produced thereby may give off ob- • noxious gases, odors, smoke or soot. . (f) Whether the use will cause disturbing emissions of electrical discharges, dust, light, 'vibration or noise. (g) Whether the operation in pursuance of the use • will cause undue interference with the orderly • enjoyment by the public of parking or of recrea- tional facilities, if existing or if proposed by the town or by other competent governmental agencies. (h) The necessity for bituminous-surfaced space for • purposes of off-street parking of vehicles in- cidental to the use, and whether such space is • reasonably adequate and appropriate and can be furnished by the owner of the plot sought to be • • used within or adjacent to the plot wherein the use shall be located. 10056 a-2:,-8a • • 10/05 '01 THU 08:32 FAX 516 765 6145 SOUTHOLD CLERK L1004 1. CJ § 100421 ZONING • § 100-122 (i) Whether a hazard to life,limb or property because of fire, flood, erosion or panic may be created by reason of or as a result of the use, or by the structures to be used therefor, or by the inac- cessibility of the property or structures thereon for the convenient entry and operation of fire and other emergency apparatus, ,or by the undue concentration or assemblage of persons upon such plot. [Amended 7-31-73)• (j) Whether the use or the structures to be used therefor will cause an overcrowding of land or undue concentration of population. • • (k) Whether the plot area.is sufficient, appropriate • and adequate for the use and the reasonably anticipated operation and expansion thereof. • (1) Whether the use to be operated is unreasonably • near to a church,school, theater, recreational area or other place of public assembly. D. [Added 2-1-83 by L.L. No. 2-1983] 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 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 Building Zone Map. § 100-122. Additional conditions and safeguards. 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. • • (Cont'd on page 10057) • • 10056.1 4.ss-5 10/05 '01 THU 10:17 FAX 516 765 6145 SOUTHOLD CLERK 2002 r^. § 100-13 SOUTHOLD CODE �'� I § 100 13 • i 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 • which, 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 equipmett at all other pump islands. [Added 4-11-78 by L.L. No. 2-1978] 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.Y., No. 5.1976] 10014 4-25-B3 • L APPEALS BOARD MEMBERS ! �,ii' StFFO��=, O COG '; Southold Town Hall Gerard P. Goehringer, Chairman a y% 53095 Main Road James Dinizio,Jr. y Z P.O. Box 1179 Lydia A. Tortora �t Southold,New York 11971 Lora S. Collins 'f' • ®� � ZBA Fax(631)765-9064 George Horning _= 191 * 4:00° Telephone(631)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD April 13, 2001 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Application Review#4942—Breezy Sound Shores Dear Mrs. Moore: We are in receipt of your Special Exception application dated March 12, 2001. The file indicates that previously a Special Exception application was received and a Special Exception Approval issued November 2, 1989. In the interest of clarity what is your position as to the status of this previous Special Exception Approval dated November 2, 1989? Thank you. Very trul . GERARD P. GOEHRINGER / CHAIRMAN J1 P);y)-17 x-) ry ?(4: / r (V):4 # INTER-DEPARTMENTAL MEMO TO: Planning Board, Lead Agency FROM: Gerard P. Goehringer, ZBA Chairman DATE: February 27, 2001 SUBJECT: Breezy Sound Shores It is recommended that applicant submit the following additional information. The application has been inactive for more than 18 months, and survey and field notations is shown to be more than ten (10) years old. a) Submit a new survey showing improvements to property (foundations, excavations, etc. and distances to all property lines, retaining walls, bluff lines and Coastal Zone boundary lines; b) Coastal Zone Management line must be determined and shown. c) Amount of erosion between 1991 and present. d) Measures which will be offered to control erosion. e) New site plan showing exact number of units. Present site plan received 11/00 shows 69 units, modified after the former DEIS was addressed in 1992. f) Top of bluff line does not appear accurate with the current physical conditions at the site. I I PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 Margaret Rutkowski Secretary March 6, 2002 Southold Town Zoning Board of Appeals Gerard P. Goehringer, Chairman Southold Town Hall 53095 Main Road Southold, NY 11971 Re : Application #4942- Breezy Sound Shores Dear Linda and Board: Enclosed for your information is a copy of the Town Trustees permit for the above referenced application. In confirmation of our conversation, for the purposes of your notice, application #4942 is for a new special exception for 68 units, resort motel, with kitchenettes, managers apartment with kitchen, pool, and pool-house, together with such other relief deemed applicable and reasonable . The board should consider reviewing an interpretation (appeal #4039 dated 7/16/91 copy enclosed) made with regard to the definition of Resort Motel as to it' s applicability in 2002 . Motels throughout the Country have kitchenettes as a common amenity. It is my understanding that your file is complete and we respectfully request a public hearing on the above application. ye-ry t ly yours, (_______c.-----/, Patricia C. Moore cc : Breezy Sound Corp. � ,, — Albert J.Krupski,President /oil BUFFO(,( = Town Hall James King,Vice-President �l ,$ C'� 53095 Route 25 V, P.O.Box 1179 Henry Smith � _ = s1=. j • Southold,New York 11971-0959 Artie Foster % y :° - Ken Poliwoda ; yi"y,-' � � Telephone(631) 765-1892 �� Fax(631) 765-1366 _7491 x.8'� ;0 i� • ' ' BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD • November 27, 2001 Patricia C. Moore, Esq. 51020 Main road Southold,NY 11971 RE: BREEZY SOUND CORP. North Road Greenport, ,NY SCTM#45-1-2.1 Dear Ms. Moore: The following action was taken by the Board of Town Trustees during a Regular Meeting,held on November 20, 2001, regarding the above matter. WHEREAS,Patricia C. Moore, Esq. on behalf of Breezy Sound Corp. applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated October 3, 2001 WHEREAS, said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on November 20, 2001 at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standard set forth in Chapter 97-18 of the Southold Town Code. WHEREAS, the Board has determined that the project as proposed will not affect the health, 2 safety and general welfare of the people of the town, NOW THEREFORE BE IT. RESOLVED, that the Board of Trustees approved the application of BREEZY SOUND CORP. for a Wetland Peuuit to construct motel on property—freshwater area identified—proposed foundations relocated in order to establish a 50' non-disturbance area and setback from flagged area with the stipulation that there be 50 foot non-disturbance buffer on top of the bluff line that all run-off will be contained on the applicant's property—haybales and silt fence at that line and haybales and silt fence at the 50' non-disturbancee (fresh water)buffer area. As per approved plans revised- 01/07/02 BE IT FURTHER RESOLVED that this determination should not be considered a determination made for any other Department or Agency,which may also have an application pending for the same or similar project. Permit to construct project will expire two years from the date it is signed. Fees must be paid, if applicable and permit issued within six months of the date of the notification. Fee must be paid, if applicable and permit issued within six months of the date of this notification. Two inspections are required and the Trustees are to be notified when project is started and on completion of said project. FEES: NONE Very truly yours, Albert J. pski, Jr. President,Board of Trustees AJKIcj c cc: Building Department Health Department DEC Army Corp. Dept. of State Page 24 - Appl. No. -1-u39 Application of CLIFPSIDE ASSOCIATES Decision Rendered. August 18, 1993 • • 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 25 Appl. No. ' ) • Application of CLIFFSIDE 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' br 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 27 - Appl. No. ; 39 Application of CLI . _,'IDE 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. This resolution was duly adopted. * * PATRICIA C. MOOREI _r� ` Attorney at Law j 51020 Main Road i �'� a"• .E__ t_ ,Y1f; i i Southold, N.Y. 11952 11 11 Tel: (631) 765-4330 - '� -- —J Fax: (631) 765-4643 Margaret Rutkowski Melissa McGowan Secretaries February 8 , 2002 Southold Town Planning Board, Bennett Orlowski, Jr. , Chairman, Southold Town Zoning Board of Appeals Gerard P. Goehringer, Chairman Town Hall 53095 Main Road P.O.Box 1179 Southold, NY 11971 (BY HAND) Re : Breezy Sound Corp Dear Chairmen and Boards : Enclosed please find six prints of the following: 1 . Amended Dimensional plan 2 . Grading, Drainage & Utility plan which includes A. the location of the "freshwater wetland" on the Southwesterly corner of the property. The Town Trustees reviewed and approved the 50 ' setback B. Bluff Line as reviewed by Charles Voorhis and approved by the Southold Town Trustees, together with the Coastal Erosion Hazard Line and erosion line . A copy of this plan was forwarded to the Southold Town Trustees in accordance with the public hearing and approval dated November 20, 2001 . The notation on the map should read (as approved by Town Trustees on November 20 , 2001) 3 . Road Profiles and Site Details 4 . Landscape Plan- 50 ' buffer along top of bluff, and landscaping along Middle Road pursuant to Planning Board requested revisions of landscape plan for the entrance. 5 . Erosion Control Plan as requested by Charles Voorhis 6 . Sanitary Sewer and Water Main* 7 . Water Main, Drainage and Sanitary Details* Please note that the applicant has included an access to the Long Island Sound which has been approved by the Town Trustees and DEC and is included in this site plan The enclosed plan includes all the board' s previous comments and should receive a final SEQRA determination and be set for a public hearing. The client is very anxious to obtain final approval so that the Resort motel is available for the coming season. If there is anything else you need please do not hesitate to contact me . Very--tr ly yours, (_:- Patricia C. Moore *Plans submitted to Health Department cc : Breezy Sound Corp Kevin Walsh APPEALS BOARD MEMBERS I�oilOc�u'FFOe4-� - i I' V ,, ®G�; Southold Town Hall Gerard P. Goehringer, Chairman ����a� $�: 53095 Main Road James Dinizio, Jr. 4 y P.O. Box 1179 41 Lydia A. Tortora ; d ,,` 1�i Southold, New York 11971 Lora S. Collins `,'1,p� ®�1ZBA Fax (631) 765-9064 1\v George Horning = ®1 Zig11/4'901Telephone(631) 765-1809 ..�„ si BOARD OF APPEALS TOWN OF SOUTHOLD April 13, 2001 Patricia C Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Application Review#4942—Breezy Sound Shores Dear Mrs Moore: We are in receipt of your Special Exception application dated March 12, 2001. The file indicates that previously a Special Exception application was received and a Special Exception Approval issued November 2, 1989. In the interest of clarity what is your position as to the status of this previous Special Exception Approval dated November 2, 1989? Thank you. Very trul e. , / GERARD P. GOEHRINGER / CHAIRMAN ,,_< A py\);) 1_0 ec . � /i) INTER-DEPARTMENTAL MEMO TO: Planning Board, Lead Agency FROM: Gerard P. Goehringer, ZBA Chairman DATE: February 27, 2001 SUBJECT: Breezy Sound Shores It is recommended that applicant submit the following additional information. The application has been inactive for more than 18 months, and survey and field notations is shown to be more than ten (10) years old. a) Submit a new survey showing improvements to property (foundations, excavations, etc. and distances to all property lines, retaining walls, bluff lines and Coastal Zone boundary lines; b) Coastal Zone Management line must be determined and shown. c) Amount of erosion between 1991 and present. d) Measures which will be offered to control erosion. e) New site plan showing exact number of units. Present site plan received 11/00 shows 69 units, modified after the former DEIS was addressed in 1992. f) Top of bluff line does not appear accurate with the current physical conditions at the site. --()P .e I( PATRICIA C. MOORE JAttorney at Law 51020 Main Road Southold,New York 11971 Tel: (516)765-4330 Fa75,:.(516)765-4643 `17 I Margaret Rutkowski Secretary 2001 it May 10, 2001 t_ Southold Town Zoning Board of Appeals Gerard P. Goehringer, Chairman Southold Town Hall 53095 Main Road Southold, NY 11971 Re : Application #4942- Breezy Sound Shores Dear Chairman: In response to your April 13 , 2001 letter, it is my opinion that appeal 3542 is a valid and active Special Exception for 68 motel units and one manager' s unit on 7 acres subject to certain conditions, one of the stated conditions at item 5 stated "that it is the understanding of this board that only the managers unit will contain kitchen facilities" . The application for the special permit dated 7/28/86 was to "construct 76 motel units in accordance with Section 100-50 B (4) and the proposed use would comply with section 100-121 C of the Code . " (Attached is the zoning code in effect in 1986) The plans submitted in 1986 did not show kitchens or kitchenettes in the motel units and the zoning code did not restrict placement of kitchenettes in a "motel" . (attached 1986 definition) In 1989 the Zoning Board granted a Special Exception for a Resort Motel without reference to cooking facilities in the units except to state that "it is the understanding of this board that only the managers unit will contain kitchen facilities" . The applicant thereafter obtained a building permit . The foundations were poured for the units adjacent to the Long Island Sound. In 1991 the applicant sought to modify his plans to add kitchenettes but the building inspector denied the amended building permit . On July 16, 1991 appeal no. 4039 was submitted to ZBA for an Interpretation (the ZBA advised the applicant that a Variance for kitchenettes was not appropriate because the ZBA would first issue an interpretation of whether the kitchenettes could be added, as of right, under the code) . The interpretation found that kitchenettes could not be added as of right . As to the approval , the Planning Board forwarded several memo' s expressing their opinion that the Site Plan and SEQRA had not considered cooking facilities for the units and additional Site Plan and SEQRA review would be required. The Planning Board objected to the addition of kitchenettes without first submitting the project to them for review. Consequently, a new application for a Special Exception, Resort Motel , with Kitchenettes , was submitted to you on March 12, 2001 . The Planning Board Site plan review, elevations, and SEQRA, coordinated review, provides for 68 units with kitchenettes and manager' s apartment (with kitchen) , with pool and pool house shown on site plan. This is a new and independent application from the Special Exception approval of 1989, this application is entitled to be reviewed, and I believe should be approved. I hope that my letter is helpful to you. Very truly yours, Patricia C. Moore 10/05 '01 THU 08:31 FAX 516 765 6145 SOUTHOLD CLERK a001 § 100-50 ZONING § 100-51 arranged, intended or designed to be used, in whole or in part, for any use except the following: A. Permitted uses. (1) Any permitted use set forth in, and as regulated by, §§ 100-30A and 100-40A of this chapter. B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Apeals, as hereinafter provided, • and subject to site plan approval by the Planning Board in accordance With Article XIII hereof: (1) .Any special exception use set forth in, and as regulated • by, § 100-30B of this chapter, except that the use set forth in§ 100.30B(16)shall not require site plan approval. [Amended 7-1-86 by L.L.No. 5-1986) (2) Marinas for the docking, mooring or accommodation of noncommercial boats) (3) Multiple dwellings. (4) Hotels and motels. (5) Tourist camps.2 C. Accessory uses. • (1) Any accessory use set forth in, and as regulated by, §§ 100-30C and 100-400 of this chapter. (2) Accessory uses on the same lot with and customarily incidental to any permitted use and not involving a separate business. (3) Signs as set forth in § 100-40C(3) of this chapter. [Added 2-1.83 by L.L. No. 2-1983) § 100-51. Bulk, area and parking requirements. • No buildings or premises shall be used and no building or part • thereof shall be erected or altered in the M-1 General Multiple- .1•rhlnr‘Nide; SO';11+u(h.3?..linulr.lhrr•I.;uul D•ILulre. Falllrn=. \rda: See HI.,(•h.NN.•ruuri.I aril Toiler 1.711,.. 10031 ,r 1 Post-it'°Fax Note /\ 7671 Dates ,0 lo pa9 l B8® LI To 1 ( la0►rQ From LT) Co./Dept. Co. Phone#r7cs LI 2 q 1 n Phono# �0 Fax# r-1 5 (,.i(p�C{2jFax# 10/05 '01 THU 08:32 FAX 516 765 6145 SOUTHOLD CLERK al 002 • ! 1 • § 100-121 ZONING § 100421 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 un- necessary 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 the chapter shall be ob- served, 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, subject, however, to the following: ( (1) Before such approval shall be given, the Board of Appeals shall determine: (a) That the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts. (b) That the use will not prevent the orderly and reasonable use of permitted or legally established • uses in the district wherein the proposed use is to • be located, or of permitted or legally established uses in adjacent use districts. (c) That the safety, the health, the welfare, .the comfort,the convenience or the order of the town will not be adversely affected by the proposed use and its location. (d) That the use will be in harmony with and promote the general purposes and intent of this chapter. • • (2) In making such determination, the Board of Appeals shall also give consideration, among other things, to: 10055 4.23.83 • 10/05 '01 THU 08:32 FAX 516 765 6145 SOUTHOLD CLERK 1Jj003 _ r § 100-121 SOUTHOLD CODE § 100-121- (a) The character of the existing and probable development of uses in the district and the peculiar suitability of such district for the location of any of such permitted uses. (b) The conservation of property values and the • encouragement of the most appropriate uses of land. (c) The effect that the location of the proposed use may have upon the creation or undue increase of vehicular traffic congestion on public streets or highways.• (d) The availability of adequate and proper public or • • private water supply and facilities for the treatment,removal or discharge of sewage, refuse or other effluent(whether liquid, solid, gaseous or otherwise)that may be caused or created by or as a result of the use. ' • (e) Whether the use or the materials incidental thereto or produced thereby may give off ob- • noxious gases, odors, smoke or soot. (f) Whether the use will cause disturbing emissions • of electrical discharges, dust, light, vibration or noise. (g) Whether the operation in pursuance of the use will cause undue interference with the orderly enjoyment by the public of parking or of recrea- tional facilities. if existing or if proposed by the town or by other competent governmental agencies. (h) The necessity for bituminous-surfaced space for purposes of off-street parking of vehicles in- cidental to the use, and whether such space is • reasonably adequate and appropriate and can be furnished by the owner of the plot sought to be used within or adjacent to the'plot wherein the use shall be located. 10056 4-25-83 10/05 '01 THU 08:32 FAX 516 765 6145 SOUTHOLD CLERK 11004 CJ • § 100-121 ZONING • § 100-122 (i) Whether a hazard to life,limb or property because of fire, flood, erosion or panic may be created by reason of or as a result of the use, or by the structures to be used therefor, or by the inac- cessibility of the property or structures thereon for the convenient entry and operation of fire and other emergency apparatus, or by the undue concentration or assemblage of persons upon such plot. [Amended 7.31-73] (j) Whether the use or the structures to be used therefor will cause an overcrowding of land or undue concentration of population. • (k) Whether the plot area.is sufficient, appropriate • and adequate for the use and the reasonably anticipated operation and expansion thereof. ' (1) Whether the use to be operated is unreasonably near to a church,school, theater, recreational area Cor other place of public assembly. D. [Added 2-1-83 by L.L. No. 2-1983] 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 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 Building Zone Map. • § 100-122. Additional conditions and safeguards. 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. • (Cont'd on page 10057) • ( 10056.1 4.23-83 1u/v01 rriu 10:17 FAX 516 765 6145 SOUTHOLD CLERK a002 • • § 100-13 SOUTHOLD CODE § 100-13 • MANUFACTURING L.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 which, 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. 2.1978] 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 10-26.7G by L.L. No. 5-1976) 10014 4-25-a3 PLANNING BOARD MEMBERS of/ OFFOUr BENNETT ORLOWSKI,JR. ,,fOVD •f^ COQ Town Hall, 53095 State Route 25 Chairman �1 /� • , �� • ' '� P.O. Box 1179 WILLIAM J. CREMERS ;5 .,�°s+''.S Southold, New York 11971-0959 h�("Ty, KENNETH L.EDWARDS ", Z Telephone (631) 765-1938 GEORGE RITCHIE LATHAM,JR. : ® "; 'xr"" ® `� 1 Fax (631) 765-3136 RICHARD CAGGIANO : ��o�., ;'�:'.'.` �0� ff PLANNING BOARD OFFICE TOWN OF SOUTHOLD yea,„4 ✓ 7 , 2000 Re: Lead Agency Coordination Request Dear Reviewer: The purpose of this request is to determine under Article 8 (State Environmental Quality Review Act-SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617 the following: 1. Your jurisdiction in the action described below; 2. Your interest in assuming the responsibilities of lead agency; and 3. Issues of concern which you believe should be evaluated. Enclosed please find a copy of the proposal and a completed Environmental Assessment Form (EAF) to assist you in your res se. Project Name: 63 • „,Requested Action: t($ -', � 1'774 664 A tera?"teeei-d-e frteg-ieetro... SEQRA Classification: ( ) Type I (X) Unlisted Contact Person: -R. C , 5 S t/.E (631) 765-1938 Page 2 Lead Agency Coordination Request The lead agency will determine the need for an environmental impact statement (EIS) on this project. Within thirty (30) days'of the date of this letter, please respond in writing whether or not you have an interest in being lead agency. Planning Board Position: (> This agency wishes to assume lead agency status for this action. ( ) This agency has no objection to your agency assuming lead agency status for this action. ( ) Other (see comments below) Comments: Please feel free to contact this office for further information. Very truly yours, Of-ee-L Q--k(-- , (7; Bennett Orlowski, Jr. - Chairman cc. Board of Appeals Board of Trustees Building Department Southold Town Board Suffolk County Department of Health Services ›`NYS DEC - Stony Brook Suffolk County Department of Public Works New York State Department of Transportation Thomas Cybulski, Greenport Public Utilities David Abatelli, Greenport Village Administrator Suffolk County Water Authority *Maps are enclosed for your review rev. 4/94 • 14-16.2 (9/95)-7c 617.20 SEQR Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM , Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project cc action may be significant. The question of whether an action may be significant is not always easy to answer. Frequent- ly, there are aspects of a project that are subjective or unmeasureable.-1t is also understood that those who determine significance may have little or no formal knowledge of the environment or may not be technically expert in environmental analysis. In addition,many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature,yet flexible enough to allow introduction of information to fit a project or action Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given protect and its site. B_y identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3 Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially- large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important. DETERMINATION OF SIGNIFICANCE—Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project: 0 Part.1 0 Part 2 ❑Part 3 Upon review of the information recorded on this EAF(Parts 1 and 2 and 3 if appropriate), and any other supporting information,and considering both the magnitude and importance of each impact,it is reasonably determined by the lead agency that: ❑ A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. ❑ B. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared." ❑ C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. •A Conditioned Negative Declaration is only valid for Unlisted Actions ,far-eeCor . Name of /Cction (.50 kW?o/4/ T /annio r 8OarcL Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency • Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(If different from responsible officer) Date 1 . , . . ( )'ART 1—PROJECT INFORMA- 1 • Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the enviroiment. Please complete the entire form, Parts A through E. Answers to these questions will be considered as part of the application for approval and may be subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3. ~ It is expected that completion of the full EAF will be dependent on information currently available and will not involve • new studies,research or investigation. If information requiring such additional work is unavailable,so indicate and specify - each instance. • NAME OF ACTION r vZ y �c rTL� 61d;,--/D (rzy-rer.e,. tyce,„r�,e.,,,) • LOCATION OF ACTION(Include Street Address, Municipality and County) 6/ y 75— �'a vn 1 P.00d 318f 6r e / flo vt l"Y. NAME OF APPLICAN (SPONSOR BUSINESS TELEPHONE /5re6Zy Sovncl Ocr , • (S/6 )4 115-- Q7y.S - AooREss t• 3g 5irGc± - - - . . CITY/POO ; STAT ZIP CODE ---- /"CULCh o Y� ,"7 h 7 NAME OF OWNER(If different) BUSINESS TELEPHONE ( ) ADDRESS CITY/POSTATE ZIP CODE DESCRIPTION OF ACTION / - -.1 v"--se hw�. lin i IA//54, el rPsor� /ho��/ �� 9 rnana e,-J cc a4 /1 erg t, Su'/4')/Y)in foo/ h �usP, ofd , y ' /0400/ gnci k,/dier7 e firs -/n Onits on 74- acres a4a -ab Lonr/_i',/cant/ sou r9cl. - Please Complete Each Question—Indicate N.A. if not applicable A. Site Description Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: ❑Orban Olndustrial PCommercial OResidential(suburban) ❑Rural(non-farm) OForest OAgriculture ❑Other . • i '. ' ' .' ' - - •- 1 . 0 ions 2. Total acreage of project area: 7' /c.3 oZ acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushland (Non-agricultural) Co-/� acres ,..2. 5 acres Inavars io.eac, /b/ ',r/ 'd�e t o/c1he✓ — .©— acres 0 acres Foreste Agricultural (Includes orchards, cropland, pasture, etc.) — O acres D acres Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) "-' 0 acres 0 acres Water Surface Areaacres 0 acres Unvegetated (Rock, earth or fill) — a-5- acres 0 acres Roads, buildings and other paved surfaces .{17. / acres ' a acres Other (Indicate type) land 5r2 If i/7 acres a, acres 3. What is predominant soil type(s) on project site? Al O/2'-«K r/'e c 462a0 2------ a. Soil drainage: OWell drained % of site j1Moderately well,drained /00 % of site "u l OPoorly drained '% of site . We ' /noaz� ti b. If any agricultural land Is involveck how many acres of soil are classified within soil group 1 through 4 of the NYS Land Classification System? ""/4 acres. (See 1 NYCRR 370). 4. Are there bedrock outcroppings on project site? °Yes FINo a. What is depth to bedrock? f-7O / (in feet) 2 , 5 }approximate percentage of propo. ,roject site with slopes 00-10% _ ' % 010-15% :2- 015% or greater /4 6 Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the National Registers of Historic Places? OYes 19N0 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? OYes ANO 8 What is the depth of the water table? 30* (in feet) /n v€'"icj `int /4'`F€7. to" cz/ JJ7 , 9 Is site located over a primary, principal, or sole Source aquifer? ' JJ.Yes ONo 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? OYes ONO 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? OYes f7,No According to Sit /n7QPC17L�/) J71th/ Z1�5 /2f Se-iit Identify each species // 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations) 'Wes . ONo Describe eh/f(•: //0/1 ZcZ ..5 00z/ 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? ❑Yes ( o If yes, explain 14. Does the present site include scenic views known to be important to the community? ❑Yes igNo 15. Streams within or contiguous to project area: N/4 a. Name of Stream and name of River to which it is tributary - 16. Lakes, ponds, wetland.areas within or contiguous to project area: a. Name L0/)y 7ll1ne/ J50UnS—/9r h n,c1 1 Wei. b. Size (In acres) 17. Is the site served b y existin are UNon 3 g public utilities? Yes a) If Yes, does sufficient capacity exist to allow connection? • J1Yes ONo • . b) If Yes, will improvements be necessary to allow connection? jAYes ONo • 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? OYes ilo 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 617? ❑Yes refNo 20. Has the site ever been used for the disposal of solid or hazardous wastes? OYes �No B. Project Description 1. Physical dimensions and scale of project(fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor 7 /3a acres. b. Project acreage to be developed: 69 acres initially; acres ultimately. c. Project acreage to remain undeveloped A acres. d. Length of project, in miles: (If appropriate) � e. if the project is an expansion, indicate percent of expansion proposed ki}chen e5 6; Q `b) f. Number of off-street parking spaces existing O ; proposed 1Q g. Maximum vehicular trips generated per hour 562 • (upon completion of project)? h. If residential: Number and type of housing units: (,fl e////o/e/ ) One Family Two Family Multiple Family Condominium Initially Ultimately i. Dimensions (in feet) of largest proposed structure 35 height;7 4, 49 1 width; I 2-5 length. j. Linear feet of frontage along a public thoroughfare project will occupy is? 4'01 ft. 3 2. How much natural material ( -sic earth, etc.) will be removed from t' , •,`? O tons/cubic yards t.{'i��y�y 3 Will disturbed areas be reclaimeas ®YespLL- ❑too ❑N/A a. If yes, for what intended purpose is the site being reclaimed? L_ i 5 A / b Will topsoil be stockpiled for reclamation? 'Yes ONo c. Will upper subsoil be stockpiled for reclamation? %Yes ONo 4 How many acres of vegetation (trees, shrubs, ground covers) willbe removed•from site? `1 — acres. - - Pf.e- 'ic' I/ c ,a-?,€cj ars✓a-nt r-o ucc�d rlgf?c'.v F 5 Will any mature forest (over 100 years old) or other locally-important veg tation be rerfioved by this project? / ❑Yes (VN10 6. If single phase project: Anticipated period of construction /g months, (including demolition) 7. If multi-phased: a Total number of phases anticipated (number) b. Anticipated date of commencement phase 1 month year, (including demolition) c. Approximate completion date of final phase month - year. . d. Is phase 1 functionally dependent on subsequent phases? - - OYes - ONo -- - - - 8. Will blasting occur during construction? OYes ,INo 9. Number of jobs generated: during construction 6-0 ; after project is complete ' 10. Number of jobs eliminated by this project 0 • 11. Will project require relocation of any projects or facilities? °YesNo If yes, explain 12. Is surface liquid waste disposal involved? OYes `ii4No - a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharged "-1,e 13. Is subsurface liquid waste disposal involved? OYes tgiNo Type c_ p 9y' 14. Will surface area of an existing water body.increase or decrease by proposal? . OYes. . •ONo Explain h0ejj° plain? - 15. Is project or any portion of project loc`a ed in a 100 year flood .Yes ONo ue/o/.rlte1t LIQ/11LIQ/11 �cbc/ No D 16. Will the project generate solid waste? 10Yes ONo ;, ' , r /)&5.*,b/.e / ' t& a. If yes, what is the amount per month `Z-- et'. tons pLc 076-714; aoce 41 b. If yes, will an existing solid waste facility/ a used? JaYes ONo c. If yes, give nameiburf 0l.S0 t'/o !lamsk4'S/ o>j location al-41010y14-e- d. Willxany wastes not go into a sewage disposal system or into a sanitary landfill? Oyes )4Io e. If Yes, explain 17. Will the project involve the disposal of solid waste? OYes OfNo a. If yes, what is the anticipated rate of disposal? - - tons/month. b. If yes, what is the anticipated site life? years. 18. Will project use herbicides or pesticides? OYes lNo 19. Will project routinely produce odors (more than one hour per day)?EYes ,No 20. Will project produce operating noise exceeding the local ambient noise levels? OYes ONo 21. Will project result in an increase in energy use? Yes ONo If yes , indicate type(s) el eo ►'?G if HtaJ 22. If water supply is from wells, indicate pumping capacity N/4 gallons/minute. 23. Total anticipated water usage per day 1 7/VO O. gallons/day. 24. Does project involve Local, State or Federal funding? OYes ,No If Yes, explain 4 25. Approvals Required: Submittal • I Ye Date City, Town, Village Board []Yes l No City, Town, Village Planning Board MYes ONo PPar., City, Town Zoning Board j iYes ONo J�I7E'G/Q� iy i/ t'(. City, County Health Department VIYes ONo //(/1/ - = R.+rlfC� Other Local Agencies ( Yes ONo &1.-e.2wipe-r /S(1/444 Other Regional Agencies OYes ONo State Agencies XYes ONo C, / /v 60an d I/zDDo Federal Agencies OYes iSINo C. Zoning and Planning Information • 1 Does proposed action involve a planning fir zoning decision?' ',XYes ONo . • If Yes, indicate decision required. Ozoning amendment Ozoning variance Ospecial use permit Osubdivision Xsite plan Onew/revision of master plan Oresource management plan Oother 2. What is the zoning classification(s)of the site? 3. What is the maximum potential development of the site if developed as permitted by the present zoning? —77 /IIoke v // ll _ 4. What is the proposed zoning of the site? RR. l S�rhZJ S. What is the maximum potential development of the site if developed as permitted by the proposed zoning? • C-/2(w,45 6. Is the proposed action consistent•with the recommended uses in adopted local land use plans? ' SYes ONo . 7. What are the predominant land use(s) and zoning classifications within a V4 mile radius of proposed action? It)0k-{ 1 ('0AdOrninaf/in /76//$/z' `')a/Yl / 110S -rulCCcJ 8. Is the proposed action compatible with adjoining/surrounding land uses within a '/4 mile? Yes ONo 9. If the proposed action is the subdivision of land; how many lots are proposed? N��l a. What is the minimum lot size proposed? 10. Will proposed action require any authorization(s)for the formation of sewer or water districts? OYes )21No 11. Will the proposed action create a demand•for any community provided services (recreation, education, police, fire protection)? Yes ONo JDur15m a. If yes, is existing capacity sufficient to handle projected demand? %Yes ONo 12. Will the proposed action result in the generation of traffic significantly above present levels? iYes igko a. If yes, is the existing road network adequate to handle the additional traffic? EYes ONo D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. • E. Verification I certify that the information provided above is true to the best of my knowledge. Applican •onsor • . 1 cat. I Date //-/y-�� Signatu e ✓ Title If the act on is In the Coastal Area,and you are a state agency,complete the Coastal Assessment Form before proceeding with this assessment. 5 • . kRT 1—PROJECT IN FORMAT Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effec on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considere• -as part of the application ror approval and may be subject to further verification and public re ie\v Provide any additiona information you believe will be needed to complete Parts 1 and 3 It is expected that completion of the full EAF will be dependent on information currently available and will not involvt new studies, research or investigation. If information requiring such additional work is unavailable. so indicate and specif• each instance. NAME OF ACTION Cliffside x44 geEz--/ S emir LOCATION OF ACTION (Incivae Street Address, Municipality and County) 61475 County RnRri 4R, (;reenpnrt , N1L NAME OF APPLICANT/SPONSORBUSINESS TELEPHONE Breezy Sound Corp. I (516 , 475-0745 ADDRESS 38 Oak Street CITY/POSTATE ZIF CODE Patchogue I NY 111772 NAME CF OWNER(If different) ; BUSINESS TELEPHONE I ( 1 ADDRESS CITY/P0 1 STATE ZIP CODE DESCRIPTION OF ACTION 68 unit resort motel in five buildings plus a pool house, office, manager apartment, swimming pool and 2 tennis courts on 7+ acres adjacent to Long Island Sound. -. Please Complete Each Question—Indicate N.A. if not applicable A. Site Description Physical setting of overall project, both developed and undeveloped areas. Present land use: OUrban Dlndustrlal ❑Commercial C$esidenttal (suburban) t Rural (non-farm OForest DAgriculture 'Other 'AQ-Tr4LL`/ Crs-4eE.D ' - 7.132 0 Total acreage of project area: acres. APPROXIMATE ACREAGE . PRESENTLY AFTER COMPLETION Meadow or Brushland (Non-agricultural) -a-&" Co. (- acres 4=5" 2.)5 acres UV C2-0065 EF_ {r SCOFF, ED6:E‘..4.DLI)Fr ELD —0— —0- Forested acres acres Agricultural (Includes orchards, cropland. pasture. etc.) -0 acres -� acres Wetland (Freshwater or tidal as per Articles 2'l. 25 of ECU -0- acres -0- acres Water Surface Area -0- acres -0- acres '4 -0- Unvegetated (Rock, earth or fill) 0.5 acres acres Roads, buildings and other paved surfaces -0- -C19• I acres --5- z,, acres Other (Indicate type) Landscaping- -0- teres i Z..3 acres IC) What is predominant soil type(s) on project site? Menti-AUK -P-;Me- S4A1by 204M a. Soil drainage- DWell drained % of \Ire UMiiderately well drained 100 ".% or site CPcorly drained % iii Sift• 1 5Q: tL-LOD6e4T-€ b If any agricultural land is involved, -tow iiianv a( ret or soil are ( lissirit•d .,,ithiil 'oil group 1 throt:4h -I or the NYS Land Classification Systeme? NIA acres (See 1 NY('RR 370) QAre there bedrock outcroppings on project site? LYes LNo 'a. What is depth to bedrock? t 100 ' (in feet) 2 'A • r Y 3. Approximate percent.)gu of propos, oject lite with slope, I)-l0`a 65 _.._..';'0 iCili)-15`30 22 :. °o t_—_115% or greater 14 • 6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the National Registers of Historic Places? EYes allo 7 -Is project substantially contiguous to a site listed on the Register or National Natural Landmarks? EYes No What is the depth of the water table? 30+ (in feet) /)s( DEUELDPM-l'n'r",4ieEA , O' Ar sHoeE Is site located over a primary, principal, or sole source aquifer? —Yes -r tligMt 10 Do hunting, fishing or shell fishing opportunities presently exist in the project area? ?Yes ENo el Does protect site contain any species of plant or animal life that is identified as threatened or endangered? EYes ENo According to 'SITE/N5PGTloil /JA81-1AT,SP2 .HJT Identify each species 0 Are there any unique or unusual land forms on the project site? (i e., cliffs, dunes, other geological formations) Cees Describe 8LVFF.S ALbAJ-7 L•77 e�]rJv/b 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? EYes No If yes, explain 14 Does the present site include scenic views known to be important to the community? ❑Yes tNo 15. Streams within or contiguous to project area: N/A a. Name or Stream and name of River to which it is tributary © Lakes. ponds, wetland areas within or contiguous to project area: a. Name -"A Loti-LE7 1c5L JJ1) <-500A6bb Size (In acres) 17. Is the site served by existing - ,FrcI I- W -ra - ;i4 d>`! /TE- public uta ities? ( Yes ❑No ( a) If Yes, does sufficient capacity exist to allow connection? nYes No b) If Yes, will improvements be necessary to allow connection? ?Yes 0 N o 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law. Article 25-AA, Section 303 and 304? ❑Yes No 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 617? ❑Yes lXlNo 20. Has the site ever been used for the disposal of solid or hazardous wasC ?_ EYes CXN.lo • B. Project Description . - 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor 7. 132 acres b. Project acreage to be developed: 6 acres initi.illy; 6 acres ultimately. c. Project acreage to remain undeveloped 1 .5 acres d Length of project, in miles: (If appropriate) e. If the project is an expansion, indicate per(r•nt of i•xpan'iun proposed °'‘,. f Number of off-street parking spaces existing 0 proposed 80 g Maximum vehicular tops generated per hour 56 (upon c omph'tion Or project)? h If residential. Number and type or I)nusini: units One Family Twu I amyl•, Multiple I amity Condominium C Initially Ultimately i Dimensions (in feet) or largest proprned structure 35' height. 74_6' wiilih. 1251 length I. Linear feet of rrontage along a public thoroughrare project will occupy is? 601 - It 3 - .- - ` • 0 2. How much natural material ii e, ruck, earih, etc i '.vill !n• removed from the sits? 0 tom/cubic yards ion, PA LLy () Will disturbed areas be reclaimed? �lYes GNo CN1,E a If yes. for what intend.. purpose is the site being reclaimed? 'Mete} L4).1/15c FP149 b. Will topsoil be stockpiled for reclamation? Yes CNo - • c. Will upper subsoil be stockpiled for reclamation? CNYes CNo 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed rrom site? 21 acres. Mitz,14 WAS P2FVtD05cti ClsE►9►2t , ),joup DLD FiEl..,fj 5. Will any mature sorest (over 100 years old) or other locally-important vegetation oe removed by this project? GYes CNo 6. If single phase project: Anticipated period of construction 18 months, (including demolition). 7 If multi-phased: a. Total number of phases anticipated (number) b. Anticipated date of commencement phase 1 month year. (including demolition). c. Approximate completion date of final phase month year. d. Is phase 1 functionally dependent on subsequent phases? GYes GNo 8. Will blasting occur during construction? GYes lNo _ 9. Number of jobs generated: during construction 50 ; aster project is comolete 5 10. Number of jobs eliminated by this project 0 11. Will project require relocation of any projects or facilities? GYes LINo If yes, explain 12. Is surface liquid waste disposal involved? GYes tNo a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? GYes (CNo Type NvT& S A14 ITA 2'/ t£FJJ Fb T SELaC.2 I STetc_/- 14. Will surface area of an existing water body increase or decrease by proposal? GYes nNo Explain no effect 15 Is project or any portion of project located in a 100 year flood plaian'? (mss _1 dalWill the project generate solid waste? /40 DEL)ELb?I`l�� ti lid �oo i tlYes GNo ZONE, Eve-EP 7— t�osSi& G, BEAD 408— 2—!n Tbs4.5 ,f}GC.ES s a. If yes, what is the amount per rgtg tonss&1-1 b. If yes, will an existing solid waste facility be used? L�Yees GNo c. If yes, give name -GreeRP9.1°t—Sewer • locatibn CatteHoc tde --i'DLN vFSopn+o4D 77244rfSp-E2 7'r4T7orl d. Will any wastes not go into'a sewage disposal system or into a sanitary landrill? GYes JNo e. If Yes, explain 17 Will the project involve the disposal of solid waste? GYes tjcNo a. If yes, what is the anticipated rate of disposal? tons/month b. If yes, what is the anticipated site life? years 18. Will project use herbicides or pesticides? GYes ?•ln 19 Will project routinely produce odors (more than one hour per day)? GYes gilNo 20 Will project produce operating noise exceedini; the local ambient none levels? ❑ti'e, L No 21 Will project result in an increJ &: in en..rgy u,,.? tYes CNu If yes , indicate type(s) electric & heat 22 If water supply iti rrom w. il',• imitcaie fiurnj;uit; calm ity N/A 14,illunsinunute 23 Total anticipated water usagt. per day 1�,000 gallninlday 24 Docs project involve Local, Slate or I ederal fundini;' GYes ENo If Yes, explain Z 4 •A 25. Approvah Required: Submittal • Type Date City, Town, Village Board OYes C:`No q- City. Town, Village Planning Board Yes ONo site plan City, Town Zoning Board OYes CXNo City, County Health Department EYes ONo water and sewer Other Local Agencies 'es - Greenport water & sewer Other Regional Agencies OYes CXNo State Agencies OYes EXNo Federal Agencies OYes C�Qvo C. Zoning and Planning Information 0 Does proposed action involve a planning or zoning decision? . If Yes, indicate decision required: Ozoning amendment Ozoning variance Ospecial use permit Osubdivision IXisite plan Onew/revision or master plan Oresource management plan Oother 2. What is the zoning classification(s)of the site? R R ©- What is the maximum potential development of the site if developed as permitted by the present zoning? -77 ft motel units 4 What is the proposed zoning of the site? R R SAL-4E) What is the maximum potential development of the site if developed as permitted by the proposed zoning? 's-* n t e 1-4194 1.)D c.444-46iC 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? n1Yes 7 What are the predominant land use(s) and zoning classifications within a '/, mile radius of proposed action? motel , condominium, nursing home, residential a. Is the proposed action compatible with adjoining/surrounding land uses within a 'A mile? tYes O�Nc 9. If the proposed action is the subdivision of land, how many lots are proposed? N/A a. What is the minimum lot size proposed? 10. Will proposed action require any authorization(s) for the formation orse',yer or water districts? OYes \,- 11 . Will the proposed action create a demand for any community provided services (recreation, education, police fire protection)? j7Yes ONo a_ If yes, is existing capacity sufficient to handle projected demand? Yes ONo 12 Will the proposed action result in the generation of traffic significantly above present levels? .451Yes - ,1 a. If yes, is the existing road network adequate to handle the additional traffic? VI.Yes ClNo D. Informational Details Attach ally additional information as may be needed to clarify your protect. If there are or may be any adverse impacts associated with your proposal, please dist Liss suLli unpat is and the measures which you propose to mitigate or avoid them. E. Verification I certify that the inforni.itior irovult'tl ,shove n true to the lust Of my knowledge A pp Ii ciii( S put m or Tie -de" /G7,-j¢ 4 / T fj� - - / D,itc 3 -9/ Signature �--" /-/- Title -am/. If the action is in the Coastal Area. and you are a ,tate agency, complete the Coastal Assessment Form before proceeding with this assessment. 5 - • 0 Part 2—PROJECT IMPACTS AND THEIR MAGNITUDE Responsibility of Lead Agency General Information (Read Carefully) • In completing the form the reviewer should be guided by,the question: Have my responses and determinations been reasonable? The reviewer is not'expected to be an expert environmental analyst. • The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the threshold of magnitude that would trigger a response in column 2. The examples are generally applicable throughout the State and for most situations. But, for any specific project or site other examples and/or lower thresholds may be appropriate for a Potential Large Impact response, thus requiring evaluation in Part 3. • The impacts of each project, on each site, in each locality, will vary Therefore, the examples are illustrative and have been offered as guidance.They do not constitute an exhaustive list of impacts and thresholds to answer each question. • The number of examples per question does not indicate the importance of each question. • In identifying impacts, consider long term, short term and cumlative effects. Instructions (Read carefully) a. Answer each of the 20 questions in PART 2. Answer Yes if there will be any impact. b. Maybe answers should be considered as Yes answers. c. If answering Yes to a question then check the appropriate box (column 1 or 2) to indicate the potential size of the impact. If impact threshold equals or exceeds any example provided, check column 2. If impact will occur but threshold is lower than example, check column 1. d. Identifying that an impact will be potentially large (column 2) does not mean that it is also necessarily significant. Any large impact must be evaluated in PART 3 to determine significance. Identifying an impact in column 2 simply asks that it be looked at further. e. If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART 3. f. If a potentially large impact checked in column 2 can be mitigated by change(s)in the project to a small to moderate . impact, also check the Yes box in column 3. A No response indicates that such a reduction is not possible. This must be explained in Part 3. 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By IMPACT ON LAND Impact Impact Project Change 1 . Will the proposed action result in a physical change to the project site? ONO OYES Examples that would apply to column 2 • Any construction on slopes of 15% or greater, (15 foot rise per 100 ❑ if. ;Yes ❑No foot of length), or where the general slopes in the project area exceed 10%. • Construction on land where the depth to the water table is less than ❑ ❑ ❑Yes ❑No 3 feet. • Construction of paved parking area for 1;000 or more vehicles. 0 0 ❑Yes ONo • Construction on land where bedrock is exposed or generally within ❑ 0 ❑Yes ONo 3 feet of existing ground surface. •' • Construction that will continue for more than 1 year or involve more 0 ❑Yes at.No I than one phase or stage. • Excavation for mining purposes that would remove more than 1,000. 0 ❑ ❑Yes ONo tons of natural material (i.e., rock or soil) per year. • Construction or expansion of a sanitary landfill. 0 0 ❑Yes ONo • Construction in a designated floodway. ❑ El ❑Yes ❑No • Other impacts ❑ 0 ❑Yes ONo 2. Will there be an effect to any unique or unusual land forms found on the site?(i.e., cliffs, dunes, geological formations, etc.)! IO OYES • Specific land forms: ,4c to A- !3/ ►AFF ❑ ❑ ❑Yes ONo P2orY:G7F�/ 6 ' y • 0 1 2 3 . IMPACT ON WATER Small to Potential Can Impact Be 3 Will proposed action affect any water body designated as protected? Moderate Large Mitigated By Impact Impact Project Change (Under Articles 15,24,25 of the Environmental Conservation Law, ECL) 10 DYES Examples that would apply to column 2 • Developable area of site contains a protected water body. 0 0 ❑Yes 0 N • Dredging more than 100 cubic yards of material from channel of a 0 0 ❑Yes ONo protected stream. • Extension of utility distribution facilities through a protected water body. 0 0 ❑Yes ❑No • Construction in a designated freshwater or tidal wetland. 0 0 ❑Yes :No • Other impacts: 0 0 ❑Yes ONo 4. Will proposed action affect any non-protected existing or new body • of water? ONO RYES Examples that would apply to column 2 • A 10% increase or decrease in the surface area of any body of water 0 0 ❑Yes ONo or more than a 10 acre increase or decrease. • Construction of a body of water that exceeds 10 acres of surface area. 0 0 ❑Yes ONo • Other impacts: Li)r A0,64 GQ-647 D (3y I74ST St 0 ❑Yes ONo 7etab,74.dC7 TD Ee, FiLL.F.6 5. Will Proposed Action affect surface or groundwater quality or quantity? 'ANO DYES Examples that would apply to column 2 • Proposed Action will require a discharge permit. 0 0 ❑Yes ONo 1 • Proposed Action requires use of a source of water that does not 0 0 ❑Yes 0 N i have approval to serve proposed (project) action. • Proposed Action requires water supply from wells with greater than 45 0 0 ❑Yes ONo gallons per minute pumping capacity. • Construction or operation causing any contamination of a water ❑ 0 ❑Yes 0 N - supply system. I • Proposed Action will adversely affect groundwater. 0 0 ❑Yes ONo • Liquid effluent will be conveyed off the site to facilities which presently 0 0 DYes fNo do not exist or have inadequate capacity. - • Proposed Action would use water in excess of 20,000 gallons per 0 0 ❑Yes EJNo ( day. • Proposed Action will likely cause siltation or other discharge into an 0 0 ❑Yes ONo existing body of water to the extent that there will be an obvious visual contrast to natural conditions. • Proposed Action will require the storage of petroleum or chemical 0 0 ❑Yes ❑No products greater than 1,100 gallons. • Proposed Action will allow residential uses in areas without water 0 0 ❑Yes ONo and/or sewer services. • Proposed Action locates commercial and/or industrial uses which may 0 0 ❑Yes ONo require new or expansion of existing waste treatment and/or storage facilities. • Other impacts: 0 0 ❑Yes ONo • 6. Will proposed action alter drainage flow or patterns, or surface water runoff? ONO ISYES Examples that would apply to column 2 • Proposed Action would change flood water flows. El 0 ❑Yes ONo 7 t - 2 3 • Small—to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change • Proposed Action may cause substantial erosion. 0 1531- I Yes gfto • Proposed Action is incompatible with existing drainage patterns. 0 0 ❑Yes ONo • Proposed Action will allow development in a designated floodway. 0 ❑ ❑Yes ONo • Other impacts: 0 0 ❑Yes ONo IMPACT ON AIR 7. Will proposed action affect air quality? NINO DYES Examples that would apply to column 2 • Proposed Action will induce 1,000 or more vehicle trips in any given 0 ❑ ❑Yes ONo hour. • Proposed Action will result in the incineration of more than 1 ton of 0 ❑ ❑Yes ONo refuse per hour. • Emission rate of total contaminants will exceed 5 lbs. per hour or a ❑ 0 ❑Yes ONo heat source producing more than 10 million BTU's per hour. • Proposed action will allow an increase in the amount of land committed 0 0 ❑Yes ONo to industrial use. • Proposed action will allow an increase in the density of industrial 0 ❑ ❑Yes ONo development within existing industrial areas. • Other impacts: 0 0 ❑Yes ONo IMPACT ON PLANTS AND ANIMALS 8. Will Proposed Action affect any threatened or endangered species? . igNO DYES Examples that would apply to column 2 • Reduction of one or more species listed on the New York or Federal 0 0 ❑Yes ❑No list, using the site, over or near site or found on the site. • Removal of any portion of a critical or significant wildlife habitat. 0 0 ❑Yes ONo • Application of pesticide or herbicide more than twice a year, other 0• 0 ❑Yes 0N than for agricultural purposes. • Ofher impacts: 0 0 ❑Yes ONo 9. Will Proposed Action substantially affect non-threatened or non-endangered species? VINO DYES Examples that would apply to column 2 • Proposed Action would substantially interfere with any resident or 0 0 ❑Yes ONo migratory fish, shellfish or wildlife species. • Proposed Action requires the removal of more than 10 acres 0 0 ❑Yes ONo of mature forest (over 100 years of age) or other locally important vegetation. IMPACT ON AGRICULTURAL LAND RESOURCES 10. Will the Proposed Action affect agricultural land resources? WO DYES Examples that would apply to column 2 • The proposed action would sever, cross or limit access to agricultural ❑ 0 ❑Yes ONo land (includes cropland, hayfields, pasture, vineyard, orchard, etc.) 8 �,; 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change • Construction activity would excavate or compact the soil profile of ❑ ❑ DYes ONo agricultural land. • The proposed action would irreversibly convert more than 10 acres 0 ❑ DYes ONo of agricultural land or, if located in an Agricultutal District, more than 2.5 acres of agricultural land. • The proposed action would disrupt or prevent installation of agricultural ❑ ❑ ❑Yes ❑No land management systems (e.g., subsurface drain lines, outlet ditches, strip cropping); or create a need for such measures (e.g. cause a farm field to drain poorly due to increased runoff) • Other impacts: 0 0 DYes ❑No IMPACT ON AESTHETIC RESOURCES 11 . Will proposed action affect aesthetic resources? ONO ! (ES (If necessary, use the Visual EAF Addendum in Section 617.20, Appendix B.) Examples that would apply to column 2 • Proposed land uses, or project components obviously_different from 0 ❑ ❑Yes ❑No or in sharp contrast to current surrounding land use patterns, whether man-made or natural. • Proposed land uses, or project components visible to users of 0 0 [SYes ❑No aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource. • Project components that will result in the elimination or significant 0 ❑ ❑Yes 0N screening of scenic views known to be important to the area., • Other impacts: 0 ' ❑ DYes ONo IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12. Will Proposed Action impact any site or structure of historic, pre- historic or paleontological importance? WO OYES Examples that would apply to column 2 • Proposed Action occurring wholly or partially within or substantially 0 0 DYes ONo contiguous to any facility or site listed on the State or National Register of historic places. • Any impact to an archaeological site or fossil bed located within the 0 0 DYes ❑No project site. • Proposed Action will occur in an area designated as sensitive for 0 0 DYes ONo archaeological sites on the NYS Site Inventory. • Other impacts: 0 0 DYes ONo IMPACT ON OPEN SPACE AND RECREATION 13. Will Proposed Action affect the quantity or quality of existing or future open spaces or recreational opportunities? Examples that would apply to column 2 VINO OYES • The permanent foreclosure of a future recreational opportunity. 0 0 DYes ❑No • A major reduction of an open space important to the community. 0 0 DYes ONo • Other impacts: ❑ 0 DYes ❑No i s 9 i • 0 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change IMPACT ON CRITICAL ENVIRONMENTAL AREAS 14 Will Proposed Action impact the exceptional or unique character- istics of a critical environmental area (CEA) established pursuant to subdivision 6 NYCRR 617 14(g) ? ®;NO DYES List the environmental characteristics that caused the designation of the CEA • Examples that would apply to column 2 ❑ ❑ ❑Yes ENo • Proposed Action to locate within the CEA? EYes ❑No • Proposed Action will result in a reduction in the quantity of the resource? ❑ D • Proposed Action will result in a reduction in the quality of the resource? E ❑❑ EYes ENo No • Proposed Action will impact the use, function or enjoyment of the ❑ o resource? ❑No • Other impacts ❑ ❑ EYes IMPACT ON TRANSPORTATION '15 Will there be an effect to existing transportation systems? ONO RYES Examples that would apply to column 2 • Alteration of present patterns of movement of people and/or goods ❑ ❑ EYes ENo • Proposed Action will result in major traffic problems ❑ ❑ EYes ENo • Other impacts. J)JCE.EPISC, I Xi T(2.4 FIP. Lct1E1. .4 IX ❑ CE'Yes ❑No A ecA WITH LI14 rr T .14 in— /DKSTAN ' IMPACT ON ENERGY 16 Will proposed action affect the community's sources of fuel or energy supply? WO DYES Examples that would apply to column 2 ❑ ❑YesNo • Proposed Action will cause a greater than 5% increase in the use of ❑ any form of energy in the municipality • Proposed Action will require the creation or extension of an energy E ❑ EYes ENo transmission or supply system to serve more than 50 single or two family residences or to serve a major commercial or industrial use • Other impacts ❑ G EYes ENo 10 i O 1 2 3 NOISE AND ODOR IMPACTS Small to Potential Can Impact Be 17. Will there be objectionable odors, noise, or vibration as a result Moderate Large Mitigated By of the Proposed Action? 'NO DYES Impact Impact Project Change Examples that would apply to column 2 • Blasting within 1,500 feet of a hospital, school or other sensitive 0 0 ❑Yes 0N facility. • Odors will occur routinely (more than one hour per day). 0 0 ❑Yes ONo • Proposed Action will produce operating noise exceeding the local 0 0 ❑Yes ONo ambient noise levels for noise outside of structures. • Proposed Action will remove natural barriers that would act as a 0 0 ❑Yes ONo noise screen. • Other impacts: 0 0 ❑Yes ONo IMPACT ON PUBLIC HEALTH 18. Will Proposed Action affect public health and safety? N NO DYES Examples that would apply to column 2 , • Proposed Action may cause a risk of explosion or release of hazardous 0 0 ❑Yes ONo substances(i.e.oil, pesticides, chemicals, radiation, etc.)in the event of accident or upset conditions, or there may be a'chronic low level discharge or emission. • Proposed Action may result in the burial of"hazardous wastes" in any 0 0 ❑Yes ONo form (i.e. toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc.) • Storage facilities for one million or more gallons of liquified natural 0 0 ❑Yes 0N gas or other flammable liquids. • Proposed action may result in the excavation or other disturbance 0 0 ❑Yes 0N within 2,000 feet of a site used for the disposal of solid or hazardous waste. • Other impacts: 0 0 ❑Yes 0N IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD 19. Will proposed action affect the character of the existing community? WO DYES Examples that would apply to column 2 • The permanent population of the city, town or village in which the 0 0 ❑Yes ONo project is located is likely to grow by more than 5%. • The municipal budget for capital expenditures or operating services 0 0 ❑Yes ONo will increase by more than 5% per year as a result of this project. • Proposed action will conflict with officially adopted plans or goals. 0 0 ❑Yes ❑No • Proposed action will cause a change in the density of land use. ❑ 0 ❑Yes 0N • Proposed Action will replace or eliminate existing facilities, structures 0 0 ❑Yes ONo or areas of historic importance to the community. . • Development will create a demand for additional community services 0 0 ❑Yes 0N (e.g. schools, police and fire, etc.) • Proposed Action will set an important precedent for future projects. 0 0 ❑Yes ONo • • Proposed Action will create'or eliminate employment. 0 0 ❑Yes 0N • • Other impacts: 0 0 ❑Yes ONo 20. Is there, or is there likely to be, public controversy related to potential adverse environmental impacts? *0 OYES If any action In Part 2 Is identified as a potential large Impact or if you cannot determine the magnitude of Impact, proceed to Part 3 11 4r 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 connect 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 swimming pool, conference and meeting facilities or an 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, restaurant, 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 home park," nor shall it be deemed to include any dwelling unit except that of the owner or manager. • JUL 3' 2001 t PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631)765-4330 Fax: (631)765-4643 Margaret Rutkowski Secretary December 21, 2000 L: r \_1 Southold Town Zoning Board of Appeals DEC 2 g 2000 � Gerard P. Goehringer, Chairman Southold Town Hall 53095 Main Road Southold, NY 11971 Re : Breezy Sound Corp. Dear Chairman and Board: Pursuant to your request enclosed please find one additional site plan map and 7 sets of floor plans labeling use of each room and motel unit . i ' A Also enclosed is a copy of 0,, . If you have any questions, or request any additional documents please do not hesitate to contact me . Verymtruay yours, `Patri`cia C. Moore • eiFOL„ir- APPEALS BOARD MEMBERS \, •=• ee'� SCOTT L.HARRIS Y � : Supervisor ed Gerard P Goehringer, Chairman 3s Z ` James Dinizio,Jr. „ Town Hall, 53095 Main Road Serge Doyen,Jr. ,; �A`" nP , �� P.O.Box 1179 � a� Robert A.Villa 1 L .14►,.�ii Southold, New York 11971 Richard C.Wilton ""- ''� Fax (516) 765-1823 Telephone (516)765-1809 Telephone (516) 765-1800 BOARD OF APPEALS 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 's /•, rFOi . APPEALS BOARD MEMBERS �%'F4, . E ®� SCOTT L.HARRIS • Supervisor • Chairman . •Gerard P.Goehringer, `r,`, Serge Doyen,Jr. ;, % Town Hall, 53095 Main Road James Dinizio,Jr. 1 - ' �@��I P.O.Box 1179 Robert A.Villa z o� `fir Southold, New York 11971 Richard C.Wilton •011 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 139 Application of CL1L SIDE 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 • Application of CLiL`ydIDE ASSOCIATES = �l 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. / Application of CLIEr.8IDE 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. GOEHRINGER,- CHA;kMAN RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE f/( /93 -OUR £/ C(4° :07;Town Clerk, Town ofou �P rte ' w { L � a�JJ' �� 'cl !jam ;'ti C .. - e.-. . Hill;iii \/ ,J •�0'F0( -- �`�1 2 0 ,�3 ;� III . 6P of'PLANNING BOARD MEMBERS - � 1-t,__ r, all ` / SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman "* _, .,v- o .N. • Supervisor George Ritchie Lathan, Jr. ,,- Richard G. Ward �� ,,�.i,��.� Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1 179 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 Cliff side/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. • TRANSMISSION REPORT *4444******4,***4-.***4, :TOWN OF SOUTHOLD 1 JUL 21 '93 09:1q ****,4+"k '.t F%KWk.** :***4 f.*44*f 44**4'3 kh ***4"1,,+.***A*****.+..f:` ***.4'.4' f {.f 4'4::k%f,%hW kVd,-K%k*:l'h.`f::f Y:**:1"k*'}:.1•*4 f. * * 4' * DATE START REMOTE TERMINAL_ MODE TIME FESULTS TOTAL DEFT. * TIME IDENTIFICATION PAGES CODE *, *: t. ' I * * JUL 21 09:18 516 288 541T4 01 '00" OK 01 1 *: 4, k �+: *; * .k * W. 4. *, :k * * * X :k fc * * * * % *, >le * �' * 4- *: * ****.f,4'*k**14****4'4:*"f f'f 4'*c4.4.4'.4 4-444;I:**•K*.k*:k*4.4*.I 4,4.4,*************'f*'**:f*1 f'*****k f'**********+1, „ „iiii APPEALS BOARD MEMBERS' ;i Toil OFFOBir `e) Southold Town Hall Gerard P. Goehringer, Chairman ����� G$.�: 53095 Main Road James Dinizio, Jr , P.O. Box 1179 Lydia A. Tortora ; 'y �� Southold,New York 11971 Lora S. Collins T' 0. �•' ZBA Fax (631) 765-9064 George Horning of „ �•JI” Telephone (631) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD 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 • • • ()P ns PLANNING BOARD-MEMBERS SCOTTL HARRIS Bennett Orlowski, Jr., Chairman o� • Supervisor George Ritchie Latham, Jr. Richard G. Ward - ,,i Town Hall, 53095 Main Road Mark S. McDonald P.O Box 1179 Kenneth L. Edwards Southold, New York 11971 PLANNING BOARD OFFICE Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 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. TRANSMISSI011 REPORT ****.♦•: ,r 4 4*4.#•f: ,.+',+k:,f.*4 :TOWN OF SOUTHOLD k JUL 21 '9=1 09:19 ) } {***********.A*****k*****4'4:*4c*`+.f+ **k**+4******k**4:***fc+***+ + +'++:.f..k*4 4'*+.4:***`I'*+::+**4**:Y4'*'Y•4:*4•* * DATE START REMOTE TERM ItHAL MODE TIME_ !-'ESUILT'S TOTAL DEFT. TIME IDENTIFICATION PAGES COLE '4 } * * JUL 21 09: 18 516 ,?88 5,4Y4 01'00" OK 01 +, * * * 4; * * 4. * * * * * 4. 4 4 * * . * * * * 4::+:*4::}^kW>Y•4*:4:***:k i'***i ++i 4'•{.,};,+'*+'•+'*4`f'4•# +'4*4"+^Y4,4.*+4•*+*:},•{;**.}:***`Y'+**4*d'4,+•4'*,+:****4:k****,+.+;4.`K%k%f:4,*;{. COUNTY OF SUFFOLK RECEWED 0 APR 2 5 2003 ZONING BOARD OF APPEALS ROBERT J GAFFNEY SUFFOLK COUNTY EXECUTIVE THOMAS ISLES, AICP DEPAI-<I MENT OF PLANNING DIRECTOR OF PLANNING April 21, 2003 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s)submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an , approval or a disapproval. Applicant(s) Municipal File Number(s) Breezy Sound Corp.* 4942 Bell (David) &Buckheit(Richard) 5192 Werthner, Edward 5248 Herzog, J& C 5250 Papadopoulos, Spiro & Irene 5260 Lemmon, Gerald 5268 Brown, Lyons III 5274 Sang Lee Farms* 5324 *With the understanding that premises will be encumbered by appropriate developmental restrictions,particularly as set forth by the ZBA/considered acceptable to the applicant. Very truly yours, Thomas Isles Director of Planning S/s Gerald G. Newman Chief Planner GGN:cc G\CCHORNY\ZONING\ZONING\WORKING\LD20031APR\SD4942 APR LOCATION MAILING ADDRESS H LEE DENNISON BLDG -4TH FLOOR ■ P. 0. BOX 61 00 ■ (5 1 6) 853-5 190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 1 1 788-0099 TELECOPIER(5 1 6) 853-4044 / tl} - 9s= / T- SOUTHOLD R CORD CARD 2-)-2 - / et i' OWNER STREET VILLAGE DISTRICT SUB. LOT C I .P4's'i e At 55 ')c.«�-1- <<, ,, . , •'` i= . �� � �� - FORMER OWNER N n E , : //,,,„ ACREAGE si7.5-6 S W r TYPE OF BUILDING , l ;,,e' . —( g ;f S I Ua A 55cac tLk-t c- • , RES. SEAS. .2 6v VL. FARM COMM. IND. CB. MISC. Ca• LAND IMP. TOTAL DATE REMARKS / cr-b 1 ( n ---7 769 63- ,2,0 a/---fr zA-1 <1,2,,,,r-c,„,,, .: i 3 ( I(0 i G, 1 .5,S-7-J il . -ell ,(Ze"-z,-- -e' 0 i ;2 �, �� . tj� 72/ ,may /� / p 1� 6 ,�` 7 4 6 O' cf 0 v /0 `1' c c> )--A- 0 Ab 'o!v e_ ' g5_ 15TMv p 3 1-5Fra _ D CG C5'Zs'Qom AGE BUILDING CONDITION 2.,9 " � U D NEW NORMAL BELOW ABOVEaa��` Y � s .7 s Farm Acre Value Per Acre Value ;- A ;i 3 6-0 -, Tillable 1 y Tillable 2 h Tillable, 3 , , Woodland Swampland • Brushll...... House Plot 4 — .:71-7----- . -\ , ff 4 illM1.11 . A , 111.111.1.111111111.111MMill..111. ....-- - .1111111111.11111111.1111.11.1111111 _ . ,-- ,„, rit, IIIIIII111.1111.1111111111111111111. It ' 10 4Pr , ‘,' ;'t,h,..',1 ror ;4.,,.tk • ..11111111111 ......111.1... - f - ,''- r•1 44.•,iii. A V ilk 11•MillilliMi'll IIIMIIII•Mila. a illgi ,.. . ; a.., , ,y .1'IV haA-,71 to.,1, ..111.11.11 Illiiii...11. 1 , 74, Aalw,,,A,:-.\'A --'.,-AN.11.0 44:S. WEIENT b. , !, .,i,.,„.4- ,,, _ \)• ,..">,_--•::,Vdik•-:,;.0, !)41.4 I.7,,,,,..4, IIIJILLIELmenimill111111111111. Ii,,i il f /, ,,A 7 ' ,,,..17.- ,„iv 1 n ItIMMEIlm.1111111•0111111 :..z:: Vtt • ,,,..,\i t, 1 1111 s 4 AV j 4' 'i'l ..':0 ' il 111111111111111111111 , 7.:.:2.•4 1• , t' . , '411 :1,-, .:.•• ,•• '.' :',•',' ' •' '''s ' -, - •t.,,, . *. ,, - — , ' '' ;4 ..,7`,,''.''''- 7.•-;;;`..-7N-.. -,LIZ,-- 7,,,i-A-." 2: •' , -' 11111111111111 . 111111.111111111111. .s-1--,-,....:•-•,„..r's- ---- •,-, .;;. . 1"-- **. '' '*,,,,-. '',.-.17- ::.-z..',s-,,I•!^*,,':"*** •-.':. ' .1111111111. Jr , • ..;•:. -.::',, ::'-'4.--1.:•,.._.,..t.:,. :L....,., . ::'-',::-,';';' -;.':,-?:: . ,-' 1: '. ,- ,' V"-: ',' '.. -,-, • Bath 6 - 7- 1 11„----,-- --x, -7, ,,/ Foundation I Floors .I‘A, Bldg. • /2_ 1 / x-, f — --L /6 1 - Basement //0 2-) 0 Otyea. )1)t(00 Q 7‘ Interior Finish ,..,- -titensiop t t_ou se ' (2) Ext. Walls iiidc,r A 1 U Heat 4/e.)A.At... Extension Fire Place itt, L__.._..ision 1 sil) qd S CACP°14 g-6- 4 A 'DO-144 PorchAttic V Rooms 2nd Floor Patio .• - Rooms 1st Floor Breezeway 176roh, . 1 6 X 1 ----7 Driveway ,,,--- 1). lir / V ....1- ''' Varall X (PeV • „„)<'.?, V . , 1'1(6 '&'• ql f _-- O. B. - _--- Yeirr. . 4 4 . ( . •.' --, , , .,-, , . • TOWN OF SOUTHOLD PROPERTY itECORD CARD .. . , . DWNER , STREET 4:2 1 Li-7 5 VILLAGE ' DIST. SUB. LOT .. , IdDurli :,:qRAE , iNEll A 4 i, - N j f, 1, , , .;. E ACR. Jer6td ivic3+ i colo -71-6 _ TYPE'OF BUILDING r• , S , W.,,z r.-1 k at /6 md4e 7144„-{,11 lilar;10/40," ),}0A,1 _,-S-15.k010-7 //"---' 7 , ES. ...10.. . SEAS. VL. - FARM COMM. CB. MISC. Mkt. Value ,. LAND IMP. TOTAL DATE REMARKS/lc/74Z/of, -ieti;e410, l 9 6 j;4 i.,,i d 4, 7,-- J.;c#,Kr, . / J-_0 0. / , ---D .0 , ? ,17 l2/72/4 4 -L9736 r. .12 -- °Z;..i,--_,ill. 4m, C,' is i N a. /-1....,,-,,-.. -: 6 tp, ) ------ , .).1,,' .5-- coli-d >.(1- i ...,_, zi o cc) __---- I-74 6 6; 0 ly /‘ ‘ , (1,644 .-k L-6-4-t-ft-,z-e-, -1,--i- ''''. "-;1-: ;,,' / `717e'' ,.'-e,': -/:' -::c-' 11),- / tdi,k`..e( --_' 9 k (.1---el 9 ') --11 "...,,,,,,‘4/a 9A/vbei a A.1.0:(L-y-e2. (7.'il, 17' . , B, 09 C?o 630 c> 19,666 ,A95 24-1, e 'o ‘'// 0 0 o , 1 t/4-i:)//7 "2--- (47/1),e i.-- -f.e.j- A . .0 0 cl 5 00 4,--)i S-00 / '-."- '; `:1/9/ 2/1647- 1..._I 02 1 90 i. 48') - i o'e .s ae PH 1/-1,::,, V il 1 7,lz,- .., NORMAL BELOW ABOVE ) /qFq - i ?Co F7- Co e)SiLl-. 5-M 01-e i :ARM Acre Value Per Value _cr-s 0 pF ce , S(.0'1 AI re). f\c, p 00 L 4--be 0---ic Te. 'roil 1 5-.. CA--5 -4 3, i oc, 00a, Acre C-frolq4 --LiiiSi r Fr- it466?-0, rek7.3--09, f-e 6 reoe7 SOL.pidA.4,o/i4Ooc) e-R;rec Ic6-4.ye) illable 1 • •• 'c 4- 4 a'', '' Cte ..Y°48 14;ekeiii i-4 ".)0 , . liable 2 - Ilable 3 -4;1, ., 9' 6 oodland h-t ,:-- ,17S- -I":"›'117 /, .. tamptand FRONTAGE ON WATER sl•-, 4-1 4 I-;--62 s. ushlanri FRONTAGE ON ROAD )fflf 1, ea .. )use Plot DEPTH 4-1-1:--,.'s'Vel. ' ,-t ` _.6 .:;;', .1'_ t; r; BULKHEAD ' - tal DOCK Town Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 03/13/01 Receipt#: 2849 Transaction(s): Subtotal 1 Application Fees $400.00 Check#: 2849 Total Paid: $400.00 Name: Breezy, Shores Inc Sage Blvd Greenport, NY 11944 Clerk ID: LIZS Internal ID:28361 Special Exception for multiple dwellings, 6 units per building submitted 3/1985 and inactive; applicant did not submit for SEQRA determination(1985-2001). January 1989—Zoned RR. TB Adopted Resort Motel and Transient Motel definitions; Resort Motel public hearing on T.B. Local Law; discussions about kitchens and non-kitchen uses. November 1989 - Special Exception with conditions granted for RESORT MOTEL, decision granted with conditions (only Manager's Unit shall contain kitchenette); based on all plans submitted by applicant to ZBA,Health Dept. and Planning Board conditions of approval. SEQRA was processed by PB as Lead Agency based on project without kitchenettes in units. Site Plan and SEQRA by Planning Board for Resort Motel without kitchenettes; Health Dept. permits for Resort Motels without kitchenettes issued,with water supply and sewer treatment by agreement with the Village of Greenport. Building Permit issued December 1989#18687-Z for RESORT MOTEL without kitchenettes, expired 6/8/1991. 68 Units plus Manager's Unit. Application for Building Permit disapproved by Building Inspector April 25, 1991,which was appealed for a formal Interpretation; application inactive by applicant,who re-submitted a new request for Interpretation. February 1990— Stop Work Order—clearing vegetation within 100 feet of bluff in violation of ZBA decision#3542 and site plan conditions of PB. Appl.No. 4039 -Appeal the April 25, 1991 Notice of Disapproval issued by the Building Inspector,which requested building permit to add kitchenettes in RESORT MOTEL. ZBA Appeal was for a formal Interpretation, specific to this property and Special Exception. SEQRA was waived for Interpretation Action only, subject to full SEQRA review if kitchenettes allowed. June 29, 1993 Town Board drafted proposed legislation for rewording of motel definitions. (Need to check Code to see if local law was adopted). New plan for kitchenettes. Needs PB site plan and Health Department,Village of Greenport sewage and water approvals (SCWA possibly). Needs SEQRA by lead agency(PB). Possible new Interpretation by ZBA Or Amendment to Prior Special Exception(expired when site plan expired—three years after Building Permit). As of 7/30/01,PB Office said they are still AWAITING current map to show current bluff line, setback of"as built"foundation from freshwater wetlands;possible question of integrity by engineer; question of whether foundation may need to be removed because building permit expired, and has not been in effect for over 10 years. Building Dept. policy is that current code applies (may not setback variance and DEC, SEQRA review and possible DEC variance for freshwater wetland setback; Town Trustees permit, etc.). 7/30/01 ZBA awaits Determination from Lead Agency under SEQRA, coordinated with ZBA and other involved agencies, for kitchenettes,freshwater wetlands,Health Department variance for kitchenettes, etc. ZBA Office Use Info 7/30/01 (1).�� � w Office of BOARD OF APPEALS 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 (631) 765-9064 fax ( fax-%5 +82 - , 2000 To: Applicant -11"-‘470 z'Ad 6-, el° l'. )1 , Re: Appeal No ( ) Your application has been advertised for a public hearing. In the interim, please furnish the following document which was listed on the instructions sheet but inadvertently not included when the application was submitted to our department for processing: or ( ) The application is not signed and notarized and is enclosed for re-submission. or. application is not complete for the reasons noted below. Or ((The following documentation was missing in your submission of this application. Information Requested (from Instruction Sheet) : ( ) Notice of Disapproval issued by the Building Inspector after review for this particular project map. ( ) Filing fee check in the amount of$ is due. ( ) An original map, or duplicate of the map to the map preparer's full scale, is necessary. ( ) Setbacks to the property lines are necessary at the closest points from the subject building area. Please show on a map or similar diagram. Copies of current deed and/or tax bill of the subject parcel.�-A2.,2-e,'.2-4-,•4P1121-"f°� � �d i�pa� 0.0(pL) Other: S 1 . , ,_ 11-<;11 i leedY14-),F. Ute_ Additional Information Requested: ,err, 26/9, o TRANSMISSION VERIFLCATION REPOR- TIME : 12/06/2000 15:36 DATE,TIME 12/06 15:35 FAX NO./NAME 7654643 DURATION 00:00:34 PAGE(S) 01 RESULT OK MODE STANDARD ECM 7141 . ,„ :1,141 tING\BOARD MEMBEL . A soil' VFFOUr �..:NI TT ORLOWSKI,JR. ,00 O v COG; Town Hall, 53095 State Route 25 / \^ /Z4 Chairman ���h� 'fes P.O. Box 1179 � WILLIAM J.CREMERS t•', = Southold, New York 11971-0959 1 \ KENNETH L.EDWARDS Telephone (631) 765-1938 GEbRGE RITCHIE LATHAM,JR. : O '''' `� 1 Fax(631) 765-3136 RICHARD CAGGIANO ;4,, �a����1 �.1 • ,,gIFII pT ANNI.N :is i-r pFFICE D NBr10'f.0 OLD DEC ® 5 2050 �► December 4, 2000 ___.._.. Patricia C. Moore, Attorney at Law 51020 Main Road Southold, NY 11971 RE: Breezy Sound Corp._�a.,-.(.e County Route 48 Greenport, NY 11944 Dear Mrs. Moore, The Planning Board has received a Cost estimate of$950 from their Environmental Consultant for review of the Long Environmental Assessment Form, revised plans, and field inspection to determine current site conditions. Additionally, the LEAF needs to be corrected to eliminate the tennis courts and correct item under"C" to show action by the Planning Board. Your client must pay the above sum in full and the Board must receive the corrected LEAF before we can authorize our consultant to proceed with the review. -The check should be made to the Town of Southold. I:, , itt When the consultants complete their review, the Planning Board will consider their findings in making a determination of whether the project will have a significant environmental impact. If you have any questions, or require assistance, please contact this office. c rely, Rob rt G. Kassner Site plan Reviewer Cc: Gerard P. Goehringer, Chairman, Board of Appeals Charles Voorhis, Nelson, Pope&Voorhis, LLC PLANNING BOARD MEMBHT'� ��� OFFOLt , C Town Hall, 53095 State Route 25 BENNETT ORLOWSKI,JR. �� Q�' o� Chairman ,4 tiy � P.O. Box 1179 p Southold, New York 11971-0959 WILLIAM J.CREMERS ` y KENNETH L.EDWARDS v, Telephone(631) 765-1938 GEORGE RITCHIE LATHAM,JR. : 1 Fax(631) 765-3136 RICHARD CAGGIANO ���l is1 ,,,,• P. . . :• -:.1` I FFICE �u . ._ta a OLD sr „ �� 1 ' DEC - 5 2000 December 4, 2000 '' U�y Patricia C. Moore, Attorney at Law 51020 Main Road Southold, NY 11971 RE: Breezy Sound Corp. County Route 48 Greenport, NY 11944 Dear Mrs. Moore, The Planning Board has received a Cost estimate of$950 from their Environmental Consultant for review of the Long Environmental Assessment Form, revised plans, and field inspection to determine current site conditions. Additionally, the LEAF needs to be corrected to eliminate the tennis courts and correct item under"C" to show action by the Planning Board. Your client must pay the above sum in full and the Board must receive the corrected LEAF before we can authorize our consultant to proceed with the review. The cheek should he marls to the Tnu:m ..f Q....+1...1.1 When the consultants complete their review, the Planning Board will consider their findings in making a determination of whether the project will have a significant environmental impact. If you have any questions, or require assistance, please contact this office. c rely, . / Rob rt G. Kassner Site plan Reviewer Cc: Gerard P. Goehringer, Chairman, Board of Appeals Charles Voorhis, Nelson, Pope& Voorhis, LLC APPEALS BOARD MEMBERS ,ot®tiSFFO(ite Southold Town Hall Gerard P Goehringer, Chairman ►►_ } 'yam 53095 Main Road James Dinizio,Jr. P.O. Box 1179 Lydia A.Tortora ��� Southold, New York 11971 Lora S. Collins '' y , . ®! �� ZBA Fax(631) 765-9064 George Horning =�®?t e a *,.." Telephone (631)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD April 13, 2001 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Application Review#4942—Breezy Sound Shores Dear Mrs. Moore: We are in receipt of your Special Exception application dated March 12, 2001. The file indicates that previously a Special Exception application was received and a Special Exception Approval issued November 2, 1989. In the interest of clarity what is your position as to the status of this previous Special Exception Approval dated November 2, 1989? Thank you. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN / '7r1z—a re„,r,Lz.; 712=Ea=f--/Lt--eg,1 .. 9 S//0 0/ 24/4 /1/ :-,f, ,£ 5131tt` I " /t> 1. .a.j A-4--tucio ii,,t06,,,,,, (u2A.A.t....os 0 ''''' //). LA , ; I PATRICIA C. MOORE -- V ,•Aa-is- Attorney at Law 00 51020 Main Road 0,„0,..,,,e.. e.c-e=c� ~" \ Southold, N.Y. 11952 i�x.r,4e �d-yt,; — fns.yvU, r-,.e xr-2,, �.p4i Tel: (631) 765-4330 �;/© »&;d_ Stam PI errete)0 4- Fax: (631) 765-4643 ;• Margaret Rutkowski Secretary May 3 , 2001 Southold Town Zoning Board of Appeals Gerard P. Goehringer, Chairman Town Hall 53095 Main Road P.O.Box 1179 Southold, NY 11971 (BY HAND) Re : Breezy Sound Corp Dear Chairmen and Boards : On this date I have submitted to your board and Planning Board the revised site plan, Dimensional Plan, Grading, Drainage & Utility plan, etc . , under separate letter. c>1 ii.„ fX, I can not respond to your April 13, 2001 letter without the original Cliffside file . Your staff has been very kind and diligent in searching for this file, \rj'ir but has not yet located it . b1D �`^ Pursuant to your request, I submitted a new application for Resort Motel with kitchenettes . The Site Plan and elevations have been approved by the ARC, and the Planning Board application is being referred to Chic Voorhes for a SEQRA, Part 3 . I believe that we have submitted a complete application and I would respectfully ask that we be scheduled for a hearing. By the time the matter is heard by the ZBA the Coordinated review with the Planning Board will be complete, if we need to, we can adjourn the hearing to await the final SEQRA determination from the Planning Board. The Summer Season is here and the Town would benefit from a new resort motel . Therefore we would respectfully request that you schedule this application } for a hearing Thank you for your courtesies . Very truly yours, 41,111!" A Patricia C. Moore cc : Breezy Sound Barrett, Bonochi & VanWeele /vt 9 �-r PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, N.Y. 11952 Tel: (631) 765-4330 Fax: (631) 765-4643 Margaret Rutkowski Secretary May 3 , 2001 Bennett Orlowski, Jr. , Chairman Southold Town Planning Board, and rSouthold Town Zoning Board of Appeals Gerard P. Goehringer, Chairman Town Hall 53095 Main Road P.O.Box 1179 Southold, NY 11971 (BY HAND) Re : Breezy Sound Corp Dear Chairmen and Boards : Enclosed please find six prints of the following: 1 . Dimensional plan 2 . Grading, Drainage & Utility plan which includes A. the location of the "intermittent Standing Water" on the Southwesterly corner of the property. According to the experts at Barrett, Bonacci & VanWeele this Wet depression is not a "wetland" B. Bluff Line verified by Barrett, Bonacci & VanWeele also shown on the plan is the Town Approved setback line, the Coastal Erosion Hazard Line and erosion line . 3 . Road Profiles and Site Details 4 . Amended Site Plan which includes Planning Board requested revisions of landscape plan for the entrance . 5 . Erosion Control Plan 6 . Sanitary Sewer and Water Main* 7 . Water Main, Drainage and Sanitary Details* T 4 ' It is my understanding that the Planning Board may forward a copy of this plan to the Southold Town Trustees for their review. I believe that we have submitted a plan which includes both board' s comments . Therefore we would respectfully request that your proceed with your review and approval . If there is anything else you need please do not hesitate to contact me. Very tr ly yours, 1011:1° Patricia C. Moore *Plans submitted to Greenport Sewer and SCWA PATRICIA C. MOOD Attorney at Law / 51020 Mam Road Southold,New York 11971 Tel: (631)765-4330 Fax: (631)765-4643 Margaret Rutkowski Secretary March 12 , 2001 Southold Town Zoning Board of Appeals Gerard P. Goehringer, Chairman Southold Town Hall 53095 Main Road Southold, NY 11971 Re : Breezy Sound Corp. Special Permit Dear Linda: Enclosed please find new application for Special Permit for resort motel, and accompanying documents . I hope that this application will enable the Board to proceed expeditiously in your review. The site plan application has been submitted to the Planning Board. The Planning Board has begun the SEQRA review with Chic Voorhis . I have re-dated my check in the amount of $400 . 00 . If you have any questions, or request any additional documents please do not hesitate to contact me . Ver-y"`truly yours, (--'15atricia C. Moore cc :Breezy Sound Corp. J6(4- elizettip 6v) ad?) PATRICIA A.FINNEGAN II a0 pi; ''•••,,•'_- �� �Of S004,--, SCOTT A. RUSSELL TOWN ATTORNEY e,' 4 a ; Supervisor patricia.finnegan@town.southold.ny.us i,�/�O 4 KIERAN M. CORCORAN € T * Town Hall Annex,54375 Route 25 P.O. Box 1179 ASSISTANT TOWN ATTORNEY ,�1j Southold,New York 11971-0959 kieran.corcoran@town.southold.ny.us a` .�' LORI HULSE MONTEFUSCO `'OIyC�� ;,d��, Telephone(631) 765-1939 ASSISTANT TOWN ATTORNEY ,....'''' Facsimile(631) 765-6639 lorimontefusco@town.southold.ny.us OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD December 20, 2006 Anthony J. Ficara, Esq. Certilman Balin Adler& Hyman, LLP ICV\ 90 Merrick Avenue East Meadow, NY 11554 RE: Breezy Sound Corp. Dear Mr. Ficara: This letter shall serve as the approval of the Town Attorney's office that the attached Declaration of Covenants and Restrictions, to be filed by Breezy Sound Corp., sufficiently meets the requirements of the Zoning Board of Appeals' decision dated March 20, 2003. ,Very truly yours,Irr an M. Corcoran Assistant Town Attorney KMC/Ik Enclosure cc: Members,of the Zoning Board of Appeals c.i • 12%05/2006 10:44 FAX 691. 765 MOORE LAW OFFICES • -el 002 DECLARATION OF COVENANTS AND RESTRICTIONS Declaration made as of this/Allay of44v. , 2006, by Breezy Sound Corp., a New Yo:k corporation with offices at 130 Jessup Avenue Quogue, New York 11957, (herein referred to as "Declarant"). WITNESSETH WHEREAS, Declarant is the owner in fee simple of certain premises situate at Town of Southold, Suffolk County,New York, described on the Suffolk County Tax Map as District 1000, Section 45, Block 1, Lot 2.1, and as more fully described in Schedule A. WHEREAS, the Southold Town Zoning Board of Appeals by resolution made on March 20,2003 granted a Special Exception for a Resort Motel and directed that covenants and restrictions shall be placed on the premises: NOW THEREFORE, the following Covenants and Restrictions shall be placed on the premises: You' 1. Regardless of the form of ownership fo the Resort Motel Units,the Condominium will be operated in accordance with the Southold Town code,and be rented on a daily rental basis or for vacationers or other persons on a weekly rental basis 2. A management company, or its equivalent, shall be established or employed, which will manage the day to day operations of the condominium and monitor that the Resort Motel Units are being operated in accordance with Southold Town Code. Resort Motel Unit Owners will be free to rent their Resort Motel Units out themselves or to engage a managing agent of their choice. 3. The House Rules governing the Condominium shall not violate the Southold Town Code. tlr 4. The Resort Motel Units are to be rented asset forth above and made available to the public. Individual Resort Motel Unit Owners shall be guaranteed no more than two(2)weeks of occupancy of their Resort Motel Unit during the Prime Season. In the event a Resort Motel Unit Owner's Resort Motel Unit is not rented, the Resort Motel Unit Owners may then occupy their Resort Motel Unit. 5. The Condominium shall be closed form January 15th through March 15th of each calendar year. 6. The units shall be occupied as resort motel units and not as a dwelling. • I2'05.2006 10:45 FAX 631 765 46. MOORE LAW OFFICES • �009 7. The Resort Motel Unit shall he rented as a suite with two (2) bedrooms. The bedrooms may not be individually rented. BREEZ 'OUND CO r '. rj BYAto NEIL ESPOSITP,P' STATE OF FLORIDA) ) s.:nn COUNTY OF`dl�a ), ituti On the ,30 ti) day of ` AII-07 " ' 200e before me, the undersigned, personally appeared NEIL ESPOSITO personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument,the individual,or the person upon behalf of which the individual acted, executed the instrument and that such individual made such appearance before the undersigned in the . (Insert the city or other political subdivision and the state or county or pther place the acknowledgment was taken.). h4on : P.Dr Notf, Public � xy" EMZABETH L RUSHING .� MY COMMISSION It DO IOW • 'i EXPIRES:July12,2007 .,�; 9onmdlhamety Pubic UMnxpe,e .