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Home My WebLink About4328 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Lydia A. Tortora Southold Town Hall 53095 Main Road PO. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS DATE OF ACTION: September 13~ 1995 APPL. #4328. APPLICANT: ROBERT FEGER and THERESA TAYLOR. LOCATION AND DESCRIPTION OF PROPERTY: Single-family dwelling built originally prior to 1957 and later expanded, situated on a 33~000+- sq. ft. (see Certificate of Nonconforming Premises #Z-9506 dated April 25~ 1972 issued to Leon H. Thomas) for premises known as 5370 Nassau Point Road, ~erhrn,~ , NY. COUNTY TAX MAP DISTRICT 1000, SECTION 111, BLOCK 8, LOT 19. ZONE DISTRICT: R-40 Residential. BASIS OF REQUEST: Article III~ Section 100-31B(14), of the Zoning Code as amentled 2-7-95 by Local Law #3-1995 which provides for an Accessory Bed and Breakfast~ subordinate and incidental to the principal single-family dwelling us% for the renting of up to and not more than three (3) rooms for lodging and serving of breakfast to not more than six casual and tt*ansient roomers." DESCRIPTION OF PROJECT: Special Exception permit for an Accessory Bed and Breakfast Use, subordinate and incidental to the principal single-family dwelling use, limited to the r~nting of three (3) rooms for lodging and serving of breakfast, limit{.~d to a maximum of six (6) casual and transient roomers in accordance with conditions (a), (b), (c) and (d) of Section 100-31B(14). MOTION MADE BY: SECONDED BY: Lydia A. Tortora, Member Gerard P. Goehringer, Chairman-Member ACTION/RESOLUTION ADOPTED: Gx~mted as applied~ subject to: (a) five on-site parking spaces; (b) no parallel parking within existing dirt drive area and parking shall be diagonally straight in the dirt drive area; (c) previsions at Section 100-31B(14) subsections a-d, and subject to all other laws and regulations applicable to this accessory use in a singie-family dwelling; (d) obtaining a valid Certificate of Compliance and other written approvals as may be required under the building fire and safety codes. REASONS/FINDINGS: Standards under Section 100-263 & 100-264 have been fully met; owners have shown intent to comply with all 'P~ge 2 '- Appl. No. 4328SE Application of ROBERT FEGER & ano. Decision Rendered September 13, 1995 requirements; objections raised at the hearing were not supported by expert testimony or substantial evidence. VOTE OF THE BOARD: Ayes: Serge J. Doyen, Membe. r Lydia A. Tortora, Member Gerard P. Goehringer, Chairman Abstaining for reasons unrelated directly to the project were: Members James Dinizio, Jr. and Robert A. Villa. This resolution was duly adopted: 3-0, plus two abstentions. RECEIVED AND FILED BY THE SOUTHOLD TOWN Cr.F. RK DATE ~/~ ?/~{ 5f HOUR , Tow_p CLe~k,~ow~ S.o~t~ld APPEALS BOARD MEMBERS Gerard P. Goehringer. Chairman Serge Doyen. Jr. James Dinizio, Jr. Robert A. Villa Lydia A. T0rtora BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold. New York t 1971 Fax (516) 765-1823 Telephone (516) 765-1809 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town ~Law and the Code of the Tow~ of Southold, that the following public hearing will be held at a Reg~,lar Meeting of the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 M~in Road, Southold, New York 11971, on WEDNESDAY~ SEPTEMBER 13~ 1995 commencing at the times specified below: 1. 7:32 p.m. Appl. No. 4331 DAVID AND CLAIRE AIR. Variances based upon the August 1, 1995 Notice of Disapproval issued by the Building Inspector under the Zoning Ordinauce, Articles XXIV, Section 100-241A and 100-243A, and XXIII, Section 100-239.4B, for a building permit to construct, structural alterations and i~erease floor area of principal building with nonconforming front yard and sideyard setbacks and with nonconforming uso(s), and to construct deck additions, seaward of existing building setback line (within 75 feet of seawall). Location of Property: 2072 Village Lane, Orient; Parcel No. 1000-24-2-27. 2. 7:38 p.m. Appl. No. 4327 ROBERT AND DENISE WHELAN. Variance based upon the July 31, 1995 Notice of Disapproval from the Building I~spector, Article IIIA, Section 100-30A.4 (ref. 100-33), for a building permit to construct accessory building in an area other than the Page 2 - Legal Noti~ Regular Meeting of September 13, Southold Town Board of Appeals 1995 required rear yard. The subject property contains an area of apprOx. 20,400 sq. ft. Location: 160 Bungalow Lane, Mattituek; Parcel ID #1000-123-2-2. 3. 7:43 p.m. Appl. No. 4326 STANLEY and SHARON SWANSON. Variance based upon the August 5, 1995 Notice of Disapproval from the Building Inspector, Article ILIA, Section 100-30A.3 for permission to exchnn~o~e property (lot tine adjustment) which will reduce the required total area of parcel 1000-141-2-21.5 (owned by Robert Hamilton) and increase the area of parcel 1000-141-2-15 (owned by Stanley and Sharon Swanson) by approx. 8,129 sq. ft. Property Location: Southerly side of Horton Avenue, Mattituck; Also referred to as part of Lot #3 on the Mimor Subdivision Map approved 4-12-93 by the Planning Board for Robert D. Hamilton. 4. 7:47 p.m. Appl. No. 4328 ROBERT FEGER and THERESA TAYLOR. Special Exception under Article IIIA, Section 100-30B for an Accessory Bed and Breakfast Use in conjunciion with ~he owner's existing single-family residence for the purpose of renting and serving of breakfast to a maximum of six (6) transients not more than ~hree bedrooms (maximum). Location of Property: 5370 Nassau Point Road, Cutchogue, NY; Parcel No. 1000-111-8-19. 5. 7:50 p.m. Appl. No. 4330 - FLORENCE TILDEN. Variance based upon the July 26, 1995 Notice of Disapproval from the Building Inspector, Article IIIA, Section 100-30A.3 for permission to construct garage addition Page 3 - Legal Noti~ Regular Meeting of September 13, 199~ Southold Town Board of Appeals to dwelling with an insufficient front yard and side yard setbacks. Location of Property: 3100 Deep Hole Drive, Mattituck, NY; Parcel No. 1000-115~17-14. 6. 7:55 p.m. Applo No. 4329- CHRISTOPHER MAUCERI. Variance based upon the July 24, 1995 Notice of Disapproval from the Building Inspector, Article XVIII, Section 100-181C(3) for permission to construct a single-family dwelling with in.~ufficient front yard setback in this cluster development. Location of Property: 1455 EvergTeen Drive, Cutchogue, N-Y; County Tax Map Parcel No. 102-1-4.4. 7. 8:00 p.m. Appl. No. 4332 the August 6, 1995 Notice of Article IIIA, Section 100-30A.4 detached, accessory garage in w0ith ~educed setback. Cutchogue, NY; Parcel No. - ARTHUR HAF. Variance based upon Disapproval from the Buildlng Inspector, (ref. 100-33C) for permission to construct a frontyard area on this waterfront parcel Location of property: 1020 Strohson Road, 1000-103-10-25. 8. 8:05 p.m. Appl. No. 4334 Variance based upon the August 18, Building Inspector, Article XXIV, re-establish nonconforming retail sales use Location of Property: 64355 M~in Road, 1000-56-4-21. ESTATE OF CLOTILDA OLIVER. 1995 Notice of Disapproval from the Section 100-241 for permission to i~ t~is M-II Zone District. Greenport, NY; Parcel No. Page 4 - Legal Not~ Regular Meeting of September 13, Southold Town Board of Appeals 1995 9. 8:10 p.m. Appl. No. 4333 GENEVIEVE STALEY and FRANK PALUMBO~ as Contract Vendee. Variance bsaed upon the August 16, 1995 Notice of Disapproval from the Building Inspec[or, Article XXIII, Section 100-239.4A(1) for permi-~sion to construct a new dwelling within 100 feet of the top of the bluff or bank of the Long Island Sound. Location of Property: 3200 Sound Drive, Southold, NY; Parcel No- 1000-33-1-?. 10. 8:15 p.m. Appl. No. 4335 HELLENE BULGARIS and SUZANNE FONDILLER. Variance based upon the August 9, 1995 Notice of Disapproval from the Building Inspector, Article IIIA, Section 100-30A.4 for permission to amend building permit for the construction of an as-built inground swimming-pool as an accessory structure in an area other than the required rear yard (instead of as an attached structure). Location of Property: 1575 Captain Kidd Drive, Mattituck, NY; Parcel No. 1000-106-05-17 & 18. 11. 8:20 p.m. Appl. No. 4317 EDWIN and DONALD TONYES. (Carryover from July 12, 1995 for continuation). Property location: 55465 Main Road, Southold. HB Zone District. The Board of Appeals will at said persons or representatives desiring to Written comments may also be submitted time and place hear any and all be heard in the above matter. before or durh~g this hearing. If you wish to review a file or need to request more information, please do Page S - Legal NotiCe~ Regular Meeting of September 13, Southold Town Board of Appeals 1995 not hesitate to call 765-1809 or visit our office. Dated: September 1, 1995. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski TOWN OF SOUTHOLD, NEW YORK AUg South~d Town Clef1[ APPLICATION FOR SPECIAL EXCEPTION Application No. ~--/~c~, (~ Date Fil ed: TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: I (We), ~;- Z. /Z~r~/~ ~ 7~ ~d /V/m,~J~c/~/~;- ~ (Residence, House No. and Street) 75F- 8o3 ~ (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 /'TT~ , SECTION /~0-~0,~ SUBSECTION for the below-described property for the following uses and purposes (and as shown on the attached plan drawn to scale): A. Statement of Ownership and Interest. ._.____-- '~dfr ~ ~-~-~¢~ ~ /~3'~ //~}k'~-. is(are) the ownerls) of property Known and r~ferred to as.~$~ (House No., Street, Hamlet) identified on the Suffolk County Tax Maps as District ]000, Section /// , Block ~ Lot(s) /g ~ whic~ ~s not (is) on a subdivision Map (Filed , "Map of ~/,'//~b ,~'/,~P,~ 0,~ ,~'~;J~'~PO~'v;' "Filed Map No. /.~-~ , and has been approved by the Southold Town Planning Board on as a [Minor] ]Major] Subdivision). The above-described properk¥ was acquired by the owner on ////,~/ /~7~ B. The applicant alleges that ~ne approval of this exception would be in harmony with the intent and ~uroose of said zoning ordinance and that the proposed use conforms the standards prescribed therefor in said ordinance and would no~ be detrimental property/~/a]_.)~ce~or persons~ ~in the neighborhood~f~rthe~~./)~_~.~_~o~i~/_~.__~oTg~~oll C. ~he property which~s the subject of this application is zoned~.f/~,,,~'/~4_ [u,~ is c~sistent with the use(s) described in the Certificate of Occupancy being furnished herewith. ] is not consistent with the Certificate of Occupancy being furnished herewith for the following reason(s): [ ] is vacan~ land. COUNTY OF SUFFOLK) STATE OF NEW YORKi ss.: Sworn ~o before me this--~/s~ay ytary Public) ZB2 (rev. 2/6/86) and (Signature) . /' / , 19 ~-. TOWN OF SOUTHOLD, NEW YORK APPLICATION FOR SPECIAL EXCEPTION Application No. 3ate Filed: TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: (Residence, House No. and Street) J (Hamlet, State, ZiP Code, Telephone Number} hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLE ,/-T/-~ , SECTION /~0-~0~ SUBSECTION for the below-described property for the following uses and purposes (and as shown on the attached plan drawn to scale): A. Statement of Ownership and Interest. ~~ ~.~ ~ /~:~'~ //~$/F_O~..~ is(are) the owner(s property known and referred to as ~$qO /v'~-~ ~ ~. m~.~F¢~kSud~ (House No., Street, Hamlet) of identified on the Suffolk County Tax Maps as District 1000, Section 1// , Block ~ , Lot(s) /~ , which is not (is) on a subdivision Map (Filed - , "Map of'~F/6~v~ A~P~ O~ ~q/~P~ "Filed Map No. /~-~ , and has been approved by the Southold Town Planning Board on as a [Minor] [Major] Subdivision). property was acquired by the owner on /~Y ~ /~ The above-described 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 ~n the neighborhood for the fgllowing reasons: C. Th/e property which is the subject of this application is J.s cmnsi~%¢nt with the use(s) described in the Certificate of Occupancy being furnished herewith. is not consistent with the Certificate of Occupancy being furnished herewith for the following reason(s): and [ ] is vacant land. COUNTY OF SUFFOLK) STATE OF NEW YORKi ss.: Sworn~ to before me this-->/m~day ZB2-(rev. 2/6/86) /Si gnature) OWNER '~' TOWN' OF ~UTHOLD ~OpERTY' (',~ECORD' ........ CARD !~ /~-~ ~/- g-. /,? FORMER OWNER N VILLAGE W biSTRICT SUB. ACREAGE . ~233 TYPE OF BUILDING RES,~, ~ SEAS. VL, FARM COMM. I IND. CB. I MISC, Est. Mkt. Value IMP. TOTAL DATE LAND ~,~oo NEW Farm Tillable 1 Tillable 2 Tillable 3 Woodland Swampland B rushla~:L- House Plot Total Value FRONTAGE ON ROAD BULKHEAD DOCK Foundation Basement Ext. Walls Fire Place Patio Porch Porch Bath FJoors interior Finish Heat Roof Type Rooms 1st Floor Rooms 2nd Floor Dormer Foundation Bath Floors Interior ZQA APPROVED & BREAKFAST APPLICATIONS APPEAL NO. ,APPLICANT ACTION -'- iAKbN 36i0SE 3585SE 3588SE x~( ~ x~xS~- wil;hdrawn 3572SE Carol 8artholomew-70i5 Wickham Ave. Mattituck 107-5-4 Alvin ComPs - 2500 Peconic Lane Peconic 74-3-24.2 Mary Mooney Getoff 1475 Waterview Southeld 78-7-20 ~N~xxxxt,4xi~x~xxxx Michael Mattes 50 Luthers Road Mattituck ~3-3-7 Robert & Bianna Baker - 2500 Boisseau Ave.,Sou%hold 55-6-9 Approved ~/2/87 Or. Approved 2/5/87 Approved 2/5/87 A~t~'proved 2/5/87 Amproved 11/16/88 4108 SE ~043SE Tuthiii, Daniel Corner of CR 48 1000-74-3-11 P=~lleia Carroll Ave, Peconic 1.3876 acres 8irkmier, Jonn &=ay-~'* ,1= 48858 Main Rd, Souchold 70-7-!0 Approved 6/4/92 Apmroved 8/15/91 g291-SE ~328 ~4328 0 ~F~, James ano Corne~ of C~ 48 and Rucn Southo!d. CZARTOSiESKZ. E/s Maim Aced 1000-83-8-3 La (privace) JOHN & QUIRK, WM. mar%h of '3e;*zes~), Sim. Feger, Robert & Taylor, 5370 Nassau Point Road, 1000-111-8-19 Theresa Cutchogue , ,l/ 5 Approved 2/' 9 :\pozovee 7/ 12/95 Approved 9/13/95 cOUnTY OF SUFFOLK ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING STEPHEN M. JONES, A.I.C.P. DIRECTOR Of PLANNING Mr. Gerarad P. Goehringer Town of Southold Zoning Board of Appeals Southold Town Hall Main Road Southold, New York 11971 October 3, 1995 OCT - 6 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 them 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) Swanson, Stanley Whelan, Robert & Denise Feger (Robert) & Taylor (Therese) Tilden, Florence Air, David & Claire GGN:gcc Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G. Newman Chief Planner Municipal File Number(s) 4326 4327 4328 SE 4330 4331 ,APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen. Jr. James Dirfizio, Jr. Robert A. Villa Lydia A. Tortora Southold Town Hall 53095 Main Road RO. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD P ~ursuant to Article XIV of the SuffoLk County Admin/strative Ccde, The Bcard of Appeals of the Town of Souuhoid, New York, hero_by refers t~he following to t. he Suffolk County Planning C~m~ssion: XX __ Variance from the Zoning Code, Article , Section __ Variance from Determination of Southold Town Building Inspector ~Speciai Exception, Article IIIA , Section lO0-30B __. Special Permit Appeal No:4328SE Applicant: Robert Feger and Therese Taylor Location of Affected Land:5370 Nassau Point Rd. ,Cutchogue, NY County Tax Map Item No.: 1000- 111-8-19 Within 500 feet of: Town or Village Boundary Line XX 8ody of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Existing or Proposed Right-of-Way of any Stream or Orainaqe Channel Owned by the County or for which the County has established Channe~ Lines, or Within One Mile of a Nuclear Power Plant __ Within One Mile of an Airport Comments: Applicant is requesting permission to establish an Accessory RPd and Rrn~kfast [Jse Copies of Town file anO related documents enc]o~ed for your review. Dated: September~/, 1995 APPEALS BOARD MEMBERS Gerard E Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Lydia A. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD Southoid Town Hall 53095 Main Road EO. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 September 18, 1995 Mr. Robert Feger Ms. Theresa Taylor 5370 Nassau Point Road Cutchogue, NY 11935 Re: File #4328 - Special Exception for Accessory B & B Dear Mr. Fegerand Ms. Taylor: Please find attached a copy of the Board's findings and determination rendered at our September 13, 1995. Regular Meeting with reference to the above application. As indicated in the written determination, the Board of Appeals requires that previsions be made to comply with the conditions noted in the Board's decision. For your information please be aware that you will also be required to meet the State Fire and Building Codes under the guise of the Building Inspector. A Certificate of Compliance should be received from the Building Department before use as an Accessory Bed and Breakfast establishment. In the interim, the Suffolk County Department of Planning is reviewing your file referral as required by the Suffolk County Administrative Code regarding projects located within 500 feet of a waterway or State or County road. You may be contacted by their agency over the next few days. Very truly yours, Enclosure Copy of Decision to: Building Inspector's Office Linda Kowalsk/ W. S. Gardner P.O. Box 975 Vanston Road Cutchogue, N.Y. 11935 September 11,1995 Mr. Gerard P. Goe}~ringer, Chairman Zoning Board of Appeals Dear hr. Goehringer: I am sure that you remember the many hearings and statements made in the Fall of 1994 on the Town Board's efforts to eliminate most restrictions on the establishments of B&B's in the Town of Southold. Fortunately, the final decision was to leave the requir~ents a~.out as they were with Zoning Board of Appeals review required on all applications. Unfortunately, a couple on l~assau Point, Feger-Taylor, have applied to your Board for permission to open a B&B lagally on Nassau Point and I understand a hearing will be held on Wednesday, September 13,1995. I have been on the Point since 1959 and as you know have pact in many ZBA hearings which I felt were threatening the residential desireability of th~s area. I know that the residents strongly oppose ~ltowing any commercial operations here. I had suggested many times to Mr. Wickham during the h.arings that they establish a special zone along the primary roads that woula permit B&B's there after proper ZBA approval. My s~!ggestions never ~e~,' the light of day. But I gain some satisfaction to know that practically all pregnant B&B's are on the main roads - as they should be~ During the hearings, the suggestion was made that great consider- ation be given to the appear~.~ce, typa of homes, lot size and general atmosphere ~ the area being considered. Nassau Point, enclosed by Peconic Bay, has long been one of the p?~:iere residential neighborhoods of the Town o£ S~utnola for over 70 years and should remain completely residential. But now the invasion is being pushed on the ~oint. the real estate growth here started in the early ~920's and the promot- ers did a good job o£ planning the development. 1. tfaterfront and interior lots were established and to ::aJ:e the Bay available to all owners , numerous scenic rights-of- way established. 2. Over the years an Association was started ~hi~h succeeded in preserving the appearance and residential character of the foint £or the benefit of the membership. Among these e£forts were: a. At one time , the large Cove area was laid out for many houses and later for a public park until the members provided funds through the sale o£ bonds to the member, bought the property and gave it to the Nature Conservancy as a jewel preserved in the heart of Southold - all without gover~.ment funds. b. About the same time, the Association arranged to preserve a portion of Causeway Beaclh for members as well make part o£ the Beach available for all Southold residents. The Association has taken a strong position of opposition to _B~B's on the Point. At the Annual Meeting o£ the members in 1994, a vote was taken on B&B's and the response was overwhelming against these commercial operations on the Point. This reaction resulted in the Board passing a resolution against any B~B's on the Point and the ~resident sent a letter to Wickham informing of this action. Attached is a copy o£ "The Nassau Point Reporter" sent to the members reporting this stand and action. Note the names of the editors on the masthead. In their application Feger- Taylor state that there is "no public controversy on this project". I believe they are incorrect based on the Associations actions. ]~uring the Town Board discussions, one of the proposals was to contact all abutting neigbors. I pointed out that this would not give a tru~feeling of neighborhood reaction in that it elim- inated neigoors ~o or t~ee houses '-oVn, across the road and if a relative or close friend owned an abutting lot. Certainly, this should not apply in a closely knit community like Nassau Foint. In this case, one neighbor (Jantzen) is a close friend of Feger and is trying to sell his property. Another neighbor, Mrs. Diekmann, a wi'~ow, who I know from helping her with a zoning matter, told me that she is against B&B's on Nassau Point, but in her position does not wish "to make waves" with a neighbor at this stage of her life. Now meger-Taylor have proposed that all the advantages o£ the Point, the rights-of-way, the beaches and the overall fine area which has been built up by the residents relying on its status as a strictly residential area, be made available to B&B users for the purpose of enriching the owners of the establishment. This is unfair to all the residents in that it will bring in transients, eventually run down property values and change the community forever. Please don't ~,llow a precedent to be set here whi.-.h we will all regret. Very truly yours, Attached: Nassau Point Reporter. NASSAU POINT REPORTER EDITOI~$: Terra Taylo~ Robert L, Feg~ FALL EDITION OCTOBER 1994 This issue of the Nassau Point Reporter deals mainly with the issue of B & Bs as currently being discussed before the Southold Town Board. These are thc communications we have received. FROM THE PRESIDENT'S DESK - B & B CONTROVERSY The Southold Town Board is considering zoning changes that would permit the operation of Bed & Breakfast establishments in residential areas of the town. This would include Nassau Point. At the Annual Meeting of our Association on July 30th, the membership present overwhelmingly opposed such change and, at the request of the Board of Directors, I wrote the following letter to the Town Supervisor: Dear Yr. Wickham: The Nassau Point Property Owners Assodation would like to advise you and the Town Board of its position regarding operation of certain lodging facilities generally known as 'bed and breakfast' establishments in the Town of Southold. We understand that changes to zoning regulations are now being considered that would allow the establishment of such enterprises in all residential areas; and that hearing on this matter will be held in the near future. Our association is an association of individuals who own properly on Nassau Point in Cutchogue; and its members comprise over eighty percent of the property owners on Nassau Point. The purposes of the Association include among others: 'to protect and maintain the property values of Nassau Point... and to maintain desired and needed sen/ice in the vital areas of police and fire protection, health and sanitation, conservation, roads and transportation, light, power and communications, schools and zoning and building ordinances.' Our association is perticuiady concerned with the preservation of the character of the No;th Fork and the quality of tile on Nassau Poin~ We understand that zoning changes are being considered that would permit the establishment of bed and breakfast facilities in the Town of Southold in areas that up to now have been restricted to residential use. This has caused great concern within our association; and prompted its Board of Directors to pass the following resolution: RESOLVED, that the NPPOA disapproves, in principle, the use of propody on Nassau Point for commercial purposes; and in particular, the Association opposes any relaxing of laws and regulations In the Town of Southold regarding bed end breakfast establishments. We appreciate and support your efforts to preserve the character of the North Fork; and we want you to know that we are not opposed to change merely because it is change. However, we are opposed to change that would involve the introduction of commercial activities into our residential area. Our property owners have made substantial investments to reside in an area that is free of commerdal activity; and it would be unfak to change this area without first giving them a full and timely oppedunity to give you their views. There are many reasons why the zoning laws should not be changed, at least with respect to Nassau Point. It is not the purpose of this letter to list them all., however~ we do wish to point out that the average lot size on Nassau Point is much smaller than that in Southold ~enerally; and the population density on Nassau Point is already quite high. The one reason we can maintain the desirable character of our nei~lhborhood in spite of this density is that we have been able to keep it free of commercial activity. We believe that any commercial activity, even on the scale of bed and breakfast operations, would irreparably damage the quality of life on Nassau Point. For this and other reasons we urge you and the Town Board not to permit the establishment of bed and breakfast facilities on Nassau Point. Several of our members would like to have an opportunity to express their individual views on this matter and we ask that they be allowed to do so before any action is taken by the Town. Sincerely yours, W~lliam J. Brunet, President It nevertheless appears that the Town Board is continuing on a course of rezoning which would permit bed and breakfast facilities to be operated anywhere in the Town, including Nassau Point. is . This en Impor~ent issue whl~lHII effect even/one on Nesseu Point. I urge eech of you to meke your views known to the Town Board end the Town Supervisor, Tom Wickhem, by writing to them end letting them know where you stend on this issue. I elso urge you to ettend meetings of the Town Boerd and express your views directly. You c~n reach the Town Board and the Town Supervisor et the $outhold Town Hall, 53095 M,~ln Road, $ou~hold NY 11 g71. For information as to the times and detes of Board meeti~J~i call the Town Hell at 516/765-1801. We owe It to ourselves and our neighbors to let the Town Boerd know exactly where we stend on this issue. Unless we do, the character and surroundings of our neighborhood is likely to be chenged by others who heve no involvement with or knowledge of Nessau Point. Bill Brunet, President Katherine Newell Mayne Rose Hill 860 Bayberry Road Cutchogue, New York 11935 from~[-~e desk of W, $. GARDNER D [3C GOthiC ~ ,~-~' GL,bAD APPEALS BOARD MEMBERS Gerard E Goehringer, Chairman Serge Doyen. Jr. James Dinizio, Jr. Robert A. Villa Lydia A. Tortora Southold Town Hall 53095 Main Road Re. Box 1179 Southold. New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SE~RA UNLISTED ACTION DECLARATION August 11, 1995 Appeal No. 4328SE Project Name: Robert Feger/Teresa Taylor County Tax Map No. 1000- 111-8-19 Location of Project: 5370 Nassau Point R0sd, Cutch0§ue, NY Relief Requested/Jurisdiction Before This Board in this Project: Establish a Bed and Breakfast Use This Notice is issued pursuant to Part 617 of the implementing requlations pertaining to g_wticle 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law 944-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur sh0u]d the project be implemented as planned, and: { } this Board wishes to assume Lead Agency status and urges coordinated written comments by your agency to be submitted with the next 20 days. { X } this B~ard has taken jurisdiction as Lead Agency, has deemed this Board of Appeals application to be an Unlisted SEQRA Action, and has declared a Negative Declaration for the following reasons: a. An Environmental Assessment has been submitted and evaluated, and/or b. An inspection of the property has been made, or c. Sufficient information has been furnished in the record to evaluate any possible adverse affect of this project as filed, and/or d. This application does not directly relate to new const~action or on-site improvements. { } this Board refers lead agency status to your agency since the Board of Appeals does not feel its scope of jurisdiction is as broad as the Planning Board concerning site changes and elements under the site plan reviews. The area of jurisdiction by the Board of Appeals is not directly related to site improvements or new buildings} (However, if you do not wish to assume Lead agency status within 15 days of this letter, we will assume you have waived same, and we will be required to proceed as Lead Agency.) For further information, please contact the Office of the Board of Appeals, Town Hail, Main Road, Southold, NY 11971 at (516) 765-1809. I~ PUBLIC HEARING ~ NOTICE IS HEREBy GIVEN. ~r-~ · '~ ~ of I~ ~n of ~. ~ld al n Regulm Meeting ~f t~r SO'HOLD ~WN BOARD APP~. at I~ SouthoM ~wn Hall, 53~5 M~n R~, SOUl. Id, New Yo~ 11971. on WEDN~DAy, I. 7:32 p.m. AppL No. 4331 ~ DAVID and CLAIRE AIR. V~a~es Articles XXIV, Section 1~-241A a~ ~OBERT an~ D~ WHELAN.' Section 1~-30A.4 (mr.. ~3 for a [ 30A.3 for ~ pe~IIM0~tO~S~CL gauge additl0n I~ dwelHn~ ~6; 7:55:~.m~: A~L No~ 4329'~ 'C~RI~OPHER MAUCERI. fmnlya~ ~a on this ~eff~fit STATE OF NEWARK) n,.- ) SS: COUNTY OF SUFFOLK ) of Mattltuck, In said County, being duly sworn, says that he/she Is Principal Clerk of THE SUFFOLK TIMF~, a Weekly Newspaper, published at Mattltuck, in the Town of Southold, County of Suffolk and Slate of New York, and that the Notice of which the annexed Is a printed copy, has been regularly published In said Newspaper once each week for [__ weeks sl~c~e~l~.ely, comm~Jlrc~ing on the '7-~ day of CHRISTINA VOLINSKI ', i ~/O!@ry Public, State of New York Principal Clerk No. 5004884 Ooallfied in Suffolk County ~f~~ Commi.~sion Expires November 23, 1 /,~ Notary Public Sworn to before me Ibis day of ~ I APPEALS BOARD MEMBERS Gerard E Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Lydia A. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765- 1809 BOARD OF APPEALS:TOWN OF SOUTHOLD In the Matter of the Application of ROBERT FEGER and TItERESA TAYLOR CONFIRMATION OF POSTING I, ~&v.~ 3¢¢~,~e. es~ ~ay[or-, residing at being duly sworn, depose and say: That on the ~ da~ of September, 1995, I personally posted the p~perty ~own as "53~ Nassau Point Road, Cutcho~e, NY" by placing the Town% official poster Notice on either a stake, fence, or other post near the driveway entrance i~to the pPoperty at Nassau Point ~oad, ~d that the poster has rem~ned in place at least seven days prior to the date of the public hearing (date of hearing noted thereon to be held September 13, 1995.) Dated: September ~ , 1995. ,Mr'PEALS BOARD MEMBERS Gerard E Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Lydia A. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD September 1, 1995 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Robert Feger and Theresa Taylor 5370 Nassau Point Road Cutchogue, NY 11935 Re: Appl. No. 4328 - Special Exception for B & B Dear Mr. Feger and Ms. Taylor: Please find enclosed a copy of the Legal Notice as published by our office. You will note that the public hearing will be held on Wednesday night, September 13, 1995 at the Southold Town Hall. Also, please be sure to post the Notice wt~ich was previously given to you. It should be posted facing the road where it can be easily seen by passersby. It is expected that Board Members will individually visit the area and view the yards again. As you have agreed, an interior viewing will be made on Saturday, September 2, 1995 at approximately 9 a.m. by Board Members. Please complete the attached Confirmation of Posting, sign and return it to our office either by mail or hand delivery for our update and permanent file. Thank you. Enclosures Very truly yours, SF_F' 12. /3. Joseph M. Gold 785 Fisherman's Beach Road Cutchogue ,N'Y 11935 September 8, 1995 Southold Town Board of Appeals In the matter of Appl. No.4328 Robert Feger and Theresa Taylor Accessory Bed and Breakfast I am a resident of Nassau Point and a member of the Property Owner's Association. I urge the Board to approve the above captioned request, which is in concert with the recommendation of the Stewardship Task Force and of the needs of the community. Anyone who has ever tried to place overflow guests during the summer knows that rooms are not available. I also feel that this use will be m no way disruptive of the peace of thc community because the guests are generally, under the observation and control of the resident owners. This is in marked contrast to the situation in rental properties where the renters control the property., and may invite as many guests as they. wistu as often as they wish. Ronnie Wacker 2455 Nassau Point Road Cutchogue, NY 11935 516-734-6883 Board of Appeals Southold, N.Y. Gentlemen: As a resident of Nassau Point I would like to inform the Board that I have no objection to the Bed and Breakfast proposed by Bob Feger and Theresa Taylor up the road from me. In my view a B and B would provide a convenience to Nassau Point families who would like to put up weekend guests in a nearby homelike atmosphere. My husband and I have stayed at such B and B accommodations when out of town and found them generally pleasant alternatives to the impersonal atmosphere of a commercial motel. Yours sincerely, Town of Southold Board of Appeals Southold, NY To Whom it May Concern: I would like to respond to the FEGER-TAYLOR appeals application to operate a bed and breakfast facility on Nassau Point. My wife and I have been full-time residents of Nassau Poim for over twenty-five years and we have raised our four children there. In my capacity as a director and former President of the Nassau Point Property Owners Association, I have studied the issue carefully and thoughtfully. I am fully cognizant of the issues involved in both granting or denying the Feger-Taylor request. I urge the Board of Appeals to grant their request for several reasons. First, the Board must look at whether or not granting such a request will harm the prosperity and tranquility of the area. I believe it will not. To grant the request would allow individuals who live on the premises, who will actively involve themselves in the management of their property, to reap a modest return on their investment. The alternative could be group rentals Southampton style: No owner controls, absentee land owners, large groups of people renting the homes for weeks on end, noise, parking problems, high profits, etc. Certainly this is an unacceptable alternative. Secondly, I think the Board must look at the history of Nassau Point and ask the question whether or not commercial enterprises have ever existed there, and if they have, were their operation harmonious to the community? The answer to both questions is "yes". Nassau Point was once the home of a hotel, boarding houses, a boys' camp and a marine business. A commercial marina exists within feet of the Nassau Point Causeway. All of these have existed for years without destroying the tranquility and prosperity of the area. Lastly, speaking of prosperity. Without a doubt, Nassau Point remains a desirable place to live. Properties valued in the millions of dollars are located there. However, as a result of the declining economy of Long Island, there are many homes for sale. What better opportunity could prospective buyers have in familiarizing themselves with an area, than to spend a peaceful evening or two at a bed and breakfast located within walking distance. I urge the Board to consider these factors when making their decision. Sincerely, Richard T. Stauffer ,llill carnnS-io~ Road Point Mgw Yor~19 3 5 Gerard Puccio Landing Road Nassau Point Cutchogue, New York 11935 Gerard P. Goehringer, Chairman Zoning Board of Appeals Town Hall Southold, NY 11971 Dear Mr. Goehringer, It is my understanding that Robert Feger and Teresa Taylor have filed an Application for Special Exception to the Zoning Board of Appeals in order that they may operate a B & B at their home on Nassau Point Road. I have been a resident of Nassau Point and a member of the Nassau Point Property Owners Association for the past eighteen years. For the record, I wish to state that I have no objection whatsoever to the aforementioned Application for Special Exception. Sincerely, X, APPEALS BOARD MEMBERS Gerard E Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Lydia A. Tortora i~~r' %~'FOL/c % Southold Town Hall 53095 Main Road RO. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SE~RA UNLISTED ACTION DECLARATION Sept. 13, 1995 Appeal No. 4328SE Project Name: Robert Fe§er/Teresa Taylor County Tax Map No. 1000-111-8-19 Location of Project: 5370 Nassau Point Rd., Cutch0gue, NY Relief Requested/Jurisdiction Before This Board in this Project: Establish a Bed and Breakfast Use This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law ~44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should the project be implemented as planned, and: { } this Board wishes to assume Lead Agency status and urges coordinated written contnents by your agency to be submitted with the next 20 days. £XX} this Board has taken jurisdiction as Lead Agency, has deemed this Board of Appeals application to be an Unlisted SEQRA Action, and has declared a Negative Declaration for the following reasons: a. An Environmental Assessment has been submitted and evaluated, and/or b. An inspection of the property has been made, or c. Sufficient information has been furnished in the record to evaluate any possible adverse affect of this project as filed, and/or d. This application does not directly relate to new construction or on-site improvements. { } this Board refers lead agency status to your agency since the Board of Appeals does not feel its scope of jurisdiction is as broad as the Planning Board concerning site changes and elements under the site plan reviews. The area of jurisdiction by the Board of Appeals is not directly related to site improvements or new buildings~ (However, if you do not wish to assume lead agency status within 15 days of this letter, we will assume you have waived same, and we will be required to proceed as Lead Agency.) For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. COUNTY OF SUFFOIJ~S: In said County, beln~ duly ~vorn, says thai he/she L~ Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at MaHliuck, In the Town of 'O I. 7:a2 pm ^ , - Southold, Courtly of Suffolk and State of New York, p. oH u"^l "AVIO..d~m~'A~:~ and that lhe Notice of which the annexed Is a uv d!l!qd ol ~ ~ .~ the)ugu$t L I~5 ~i~ pfln ed copy, h~ ~en ~gular y publ shed n sa d ........ t I~ 24~A, and XXlll ~ aM Succe~lvely, commencing on Ihe ~ day of 2. 7:38 pm. A~"~O ~4:22 ,, ~,~ Om f ed in Suffolk APPEALS BOARD MEMBERS Gerard ih Goehringer. Chairman Serge Doyen, Jr. James Din/zio, Jr. Robert A. Villa Lydia A. Tortora Southold Town Hall 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SE~RA UNLISTED ACTION DECLARATION Sept; 13, 1995 Appeal No. 4328SE Project Name: Robert Feger/Teresa Taylor County Tax Map No. 1000-111-8-19 Location of Project: 5370 Nassau Point Rd., Cutch0gue, NY Relief Requested/Jurisdiction Before This Board in this Project: Establish a 8ed and Breakfast Use This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law ~44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are ]1 ke]y to occur should the project be implemented as planned, and: [ } this Board wishes to assume Lead Agency status and urges coordinated written cor~nents by your agency to be submitted with ~he next 20 days. [XX} this B~ard has taken jurisdiction as Lead Agency, has deemed this Board of Appeals application to be an Unlisted SEQRA Action, and has declared a Negative Declaration for the following reasens: a. An Environmental Assessment has been subm/tted and evaluated, and/or b. An inspection of the property has been made, or c. Sufficient information has been furnished in ~he record to evaluate any possible adverse affect of ~his projecu as filed, and/or d. This application does not directly relate to new construction or on-site Improvements. ( } this Board refers lead agency status to your agency since the Board of Appeals does not feel its scope of jurisdiction is as broad as the Planning Board concerning site changes and elements under the site pZan reviews. The area of jurisdiction by the Board of Appeals is not directly related to site improvements or new buildings, (However, if you do not wish to assume lead agency status within 15 days of this letter, we will assume yeu have waived same, and we will be required to proceed as Lead Agency.) For further information, please contact the Office of the Board Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-!809. of JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAl. STATISTICS MARRIAGE OFFICER RE(',()I(I)S MANAGEMENT OFFICER ?RF, I,~I)()M OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATE: RE: Zoning Board of Appeals Office of the Town Clerk August 11, 1995 Special Exception App. No. 4328 - ROBERT L. FEGER & TERESA TAYLOR Transmitted herewith is Special Exception Appl. No. 4328 together with the Notices to Adjacent Property Owners,, a drawing of the rooms of property, the Short Environmental Assessment Form, a copy of the Building Department Inspection, a drawing of the 2nd floor layout, a copy of the deed, a copy of the property map and & copies of 3 certificate of occupancies. Judith T. Terry Southold Town Clerk BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of to the Board of Appeals of the Town of Sou~hold TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is 'the intenrioT1 nf The undersigned to petition the Board nf Appeals of The To'am of Southold to requesta (Variance) ~cialExceptio~(Special Permit) (Other) [circle choice] 2. That the property_which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 3. That the property which is the subject of such Petition is located in the following zoning district: F 4 That b~ such Pelition, the undersigned will request the following relief: $. That the provisions of the Southold Town Zoning Code apRlicable to the relief sought by the under- signed are .zL-~...Lcle ~'~ Sect.ic:~. /dO--,~,O~. ~q~_) [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way~ 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the 5outhold Town Clerk's Office at Main Road, Southold, New York and you may then and there exa.mine the same during regular office hours (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the B6ard of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the ..Town of 5outhold and designated for the publication of such notices; that,you or your representative have the right to appear and be heard at such hearing. Dated:' "' Petitioner Owners ' Names: Post Or, ce Address Tel. No. [~-/G ) 3d- -8o3 [Copy of sketch or plan showing proposal to be attached· for convenience purposes.] PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPT~ ADDRESS Z-027 776 983 Z 027 776 984 Receipt for Certified Mail No Insurance Coverage Provided Do not use for International Mail (See Reverse) Specla] DeJiver¥ Fee Re$1ricled Delivery Fee Receipt for', Certified Mail No Insurance Coverage Provided Do not use for International Mail (See Reverse) Z 027 776 985 .~_ Receipt for Certified Mail No insurance Coverage Pro,'ided (See Reverse) STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: ~C~O~ ~ /~¢~ , being duly sworn, deposes and says that on the ~ day of ...~. ~ , 19 ~, deponent mailed a true copy of thc Notice set forth on the re- verse side he/eof, directed to each of the~above-named persons at thc addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresse%of said persons as shown on the current assessment roil of the Town of Southold;that said Notices were mailed at the United States Post Of- rice az ;that said Notices were mailed to each of said persons~ Sworn to before me this cs, Notary Public JANE R MINERVA NOTARY PUBLIC ~te of New No. 4853~08, Suffolk ~ounty ~mml~lO~ Expires February ~8, ¢ (This side does not have to be completed on form transmitted to adjoining~ property owners.) ~ ~4',~,"/od-~,g/ A/:/. 76S-1802 ~ '/~/~/~'~' -///-/-/? BUILDING DEPT. INSPECTION [ ] FOUNDATION 1ST [ ] ROUGH PLBG. [ ] FOUNDATION 2ND [ ] INSULATION [ ] FRAMING [ ]FINAL ] FIREPLACE & CHIMNEY DATE INSPECTOR /"~/, .~/ PROJECT 1.0. NUMBER 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be completed by Applicant or Project sDonsor) ~ SEQR 5. iS PROPOSED AGT1ON: [] New [] Exoansion :~Modl flcat fonla/teration 6. DESCRIBE PROJECT BRIEFLY: 7. AMOUNT OF LANO AFFECTED; Initially acres Ultimately acres 8. IL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? HAT IS PRESENT LANO UBS IN VICINITY OF PROJECT':/ W~Resldentlal [] Industrial [] Commercial [] Agriculture 10. DOES ACTION INVOLVE A PERMIT APPROVAL OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL STATE OR LOCAL)~ [] Yet J~No If yes, list agency(s) and DermiUagIDrovals 12. AS[]AyesRESULT~/N~oF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE , n.,, '//~? / /'":'" ' ~ ' Il Ihe action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER .(Continued on reverse side) The N.Y.S. Environmental Quality Review Act recuires submission of this form, and an envlronmental review will be m~ue by this boar~ before any action is taken. SHORT E~IRONMENTAL ASSESSME}~T FORM INSTRUCTIONS: (a) In order to answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or,othe~ investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the project is not significant. (d) Environmental Assessment 1. Will project result in a large physical change to the project site or physically'alter more than 10 acres of land? Yes '~NO 2. Will there be a major change to any unique or unusual land form on the site? Yes NO 3. Will project alter or have a large effect on a~ existing body of water? Yes ~No 4. Will project have a potentially large impact on groundwater quality? Yes ~No 5. Will project significantly effect drainage flow ~No on adjacent sites? . Yes 6. Will project affect any threatened or endangered plant or animal species? Yes NO f. Will project result in a major adverse effect on aft quality? Yes ~ .No 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas known to be important to the community? Yes NO 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontologi=al importance or any site designated as a critical envirc~mental area by a local agency? Yes $( No 10. Will project have a ma]or effect on existing or future recreational opportunities? Yes ~No 11. Will project result in major traffic problems or cause a major effect to existing transportation · ' systems? Yes No 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? .. Yes ~No 13. Will project have ~ny impact on public health or safety? Yes ~No 14. Will project affect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent over a one-year Yes period o__r have a major negative effect on the character of the community or neighborhood? 15. Is there public controv~r~y concerning the . Preparer.s Signature 'ZBA g/-75 / , APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 QUESTIONNAIRE Accessory Apartment or Bed and Breakfast with Owner-Occupancy Names of Individuals or Parties Having an Interest in the Subject Premises and a description of their Interests: Name of the Applicant(s) and his/her Residence: N~es of Current Residents/Occupants of the S~ject Premises: Current Occupants are: { } (please check one or more boxes) Tenants with Written Lease Tenants without Written Lease Current Owner Contract Vendees Proposed Occupants/Residents under the Subject Application Residents NOTE: By not checking one or more of the above, it is assumed that the current Occupants are not tenants with a written or without a written lease, are not current owners, are not contract vendees, are not proposed Occupants/Residents under the Subject Application, and/or have a different residence. Is the subject premises listed on the oOr being shown to prokpective buyers? ~' horized'~ghature and Date ~ - real estate market for { } Yes AOG 3 0 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 ~d~w~rmay C bef~&~attached.) ~o~/~ / ---- / B. Is the subject premises listed on the real estate market for ~? or being shown to prospective buyers? { } Yes No. (If Yes, please attach copy of "conditions" of sale.) C. Are theKe, any proposals to change or alter land contours? { } Yes ~ No De 1. Are there any areas which contain wetland grasses? n/O 2. Are the wetland areas shown on the map submitted with this application? ~/O 3. Is the property bulkheaded between the wetlands area and the upland building area? ~0 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? -~ · E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? /~./~ (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? m/~& If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? ~o 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? ~0 If yes, please explain where or submit copies of deeds. I. Please list present use or operations conducted at this parcel 0~,)~6~ ~6J~¢~ and proposed use Z~D ~ ~6~T /Authorized~ignature 3/87, 10/901k § 97-13 WETLANDS § 97-13 TOWN -- The Town of Southold. TRUSTEES -- The Board of Trustees of the Town of Southold. [Added 6-5-84 by L.L. No. 6-1984] WETLANDS [Amended 8-26-76 by L.L. No. 2-1976; 3-26- 85 by L.L. No. 6-1985]: -f~ A. ~IDAL WETLANDS: (1) All lands generally covered or intermittently coy- ered with, or which border on. tidal waters, or lands lying beneath tidal waters, which at mean low tide are covered by tidal waters to a maximum depth of five (5) feet, including but not limited to banks, bogs, salt marsh, swamps, meadows, fiats or other low lying lands subject to tidal action; (2) All banks, bogs, meadows, fiats and tidal marsh subject to such tides and upon which groxvs or may grow some or any of the following:, salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, groundsel, marshmallow and low march cordgrass; and/or (3) All land immediately adjacent to a tidal wetland as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. B. FRESHWATER WETLANDS: (1) "Freshwater wetlands" as defined in Article 24, Ti- tie I, § 24-0107, Subdivisions l(a) to l(d) inclusive, of the Environmental Conservation Law of the State of New York; and (2) All land immediately adjacent to a "freshwater wet- land," as defined in Subsection B(1) and lying with- in seventy-five (75) feet landward of the most land- ward edge of a "freshwater wetland." 9705 ~ z- 2s. ss TO~VN OF SOUTHOLD Tcwa Clerkl O~¢e $ou~hcl,L i~'. Y. Certificate Of Occupancy ~o. z9506 ............ D~'.~....Apr~i .2., ..... · · ......, l~..'~. TMIS CER'I?F!ES th. zt ~h~ b~ildin~ ,~'~,~ ~ ~.-. y_.~''' ...: ~ ........ C0~'~5 S~}~c~t'~~ r ' ' -,~.~,~ ~,~, ~:x,- ~ .W, . ' ........ dated ...Apr&l .. 2~ ~9 79., was ~ ...... d: ~n~ csaf~,rms to ~ of th~ requ~ The certificate ......... . c ,. ,.~...0~ ................... o~ me ~o~a ~, "-' (o~,~, t~ '~~ ....... S~o~k Co~ty Dep~tm~nt , ' , ..... , o, :Iea,~ App. ov~ ........... ~F~'m.~$s%in~ U~ERWRITERS CERTi}"ICATE 5~c ................... ~gr~~," .. aous~ ~'u~ ~7o ,~ . "' ' .' ........ ............. s~ ....... ~?~.~a~.~ ~ ,, . ......................... ............. ~..... r.. B~lding In.spe~tor ~9~' T~ Map N~ber FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. Certificate Of Occupancy No. Z- 16049 Date ~ugust 14, 1987 THIS CERTIFIES that tbe building ..... Sy. qq~.D, y?.qqa..~.gD.~.~.~.?. ...................... 2255 Little Peconic Bay Rd. & Location of Property 5370 Nassau Point Rd. Cutchogue, New York House No. Street Hamlet County Tax Map No. 1000 Section .. [ ! .1 ....... Block .. 0 8 ..... Lot 0 19 Amd. Map A of Nassau Point Filed ............. Subdivision 'C]fd6 'P~d~d~.¢fdd ' ' ' ~ ........... Map No. ,. [5.6.,, ,Lot No, 144 conforms substantially tO the Application for Building Permit heretofore filed in this office dated ...O..c.t.o.b.e..r..3 .... !.9.8.3.. .. pursuant to which Building Permit No. 12722 Z dated............................N°vember 2, 1983 . was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ......... SECOND FLOOR ADDITION TO EXISTING ONE FAMILY DWELLING ROBERT FEGER & TERESA TAYLOR The certificate is issued to ..................... io~,n.dr~__Xg~...l~X~;~x .................... of the aforesaid building. Suffolk County Department of Health Approval .... N / A UNDERWRITERS CERTIFICATE NO N 822555 PLUMBERS CERTIFICATION DATED: N/A Rev. 1/81 FORN NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No Z-20910 Date AUGUST 3~ 1992 THIS CERTIFIES that the building ADDITION Location of Property 5370 NASSAU POINT ROAD CUTCHOGUEr N.Y. House No. Street Hamlet County Tax Map No. 1000 Section Ill Block 8 Lot 19 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated JUNE 2r 1992 pursuant to which Building Permit No. 20682-Z dated JUNE 2~ 1992 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ADDITI~N TO AN ACCESSORY BUILDING AS APPLIED FOR. The certificate is issued to ROBERT FEGER & TERESA TAYLOR (owners) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. N/A PLUMBERS CERTIFICATION DATED N/A Rev. 1/81 ,.~dfui~,stm ~ ~ nd ~ ~kYLfl, M, -~fe, both rooid~n8 at f~J St~t~OLNJ load, Dvaekly~ b Tark. on · cectnin nip emmcitled, "Amended I~p A of Section A, lllllau Point Club l'cop~rties. Inc...tCunte nC NIIOOU Potnt, ~u~Olk County, b Tort, surveyed Jw 21, 1919 by~loey A Van Twyl. C.E.. on Au~tst 16. 1922 as ~np ~o. 1~..aidpioc b*ln~ u~. plrttc~larly b(mnded and described as foXlM: B~FI~C at th, con~ fonmd by the lnteflt~tiou of th. ~sterly line of Wtesn Point ~ ~th t~ Wly lin of a 23 f~t M ~ as Little r~c ~y t~, ~ ~ Hid ~nC ~ pb~ ~ RU~[~ ~ $~JCh 78 dt%Teef 36 Mates 20 i~o ~t ol~S C~ ~ly li~ of Merle P~te ~ ~. a diltnee of 276.~ to lam ~ ~ f~rly ~ ~; ~ ~ S d~ 23 ~mtN ~ W Mt lin ~ bit ~Cl~ l~, a d~e of ~.~ ~t ~ ~M m ~ f~ly of ~ ~h 78 d~w 36 ~mm ~ ~o bt nlq said lliC ~ti~ 1~. a diicnce of 283.~ ~ ~ ~ meetly 1tM d ~sHu Point ~d; ~ ~th~ly .1~ t~ mt~ly lin d ~fm Sat ~ ff it ~ to Wts, mtrietioes, ~) ~ ed 1Q~ lQ 8 mlekmlmmm mm #lme~#mm mile w Im imm w # md im tmm~ 'II ' I Appellant , · wa~ c~o,~idered and :the:~ action indicated, below ws~ taken on your ( ) ~Request ,for. variance' due.to lack of access to I)roperty ( ) Request for a special,exception: under the Zoning Ordinance (~ Request for,a .~ianCe; to the Zoning Ordinance :: :: .... the appeal 1. /3PECUAL EXC~EPTION, ~3y ,,resolution of the Board it was determined that a special exception ( ) be granted (.). ' be demied. . pursuant ~t~ ~Ar~icic.. .,, ...,. ...... E~,otion ........... ; .... t~ubsectton ................ paragraph ................ of the Zoning Ordinance, and the decision of the ~ullding Inspector ( ) be reversed ( ) be confirm.ed, ~eca}lae ,~ ~ .: .~ .: ;,.: ....... (b) The h~rdship cr6ated (is) (is not) unique and (would) (would not) be shared hy all properties alike in the immediate vicinity of this pr~e~ty and in the same use district because (c) The variance .(does) (does not) observe the siolrit of the Ordinance and (would) (~'ould not) change the character of the 'district because, and therefore, it was further determinec~ that the requested ~ariance ( ) be granted ( ) be denied and that the previous decisions of the :Bniiding InSpector { ) be confirmed ( ) be reversed, I~ORM ZB4