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4291
CL- • �OgpfFO(,r;�oG APPEALS BOARD MEMBERS hy0 yJ Southold Town Hall Gerard P. Goehringer, Chairman rCO2 ,Z 53095 Main Road Serge Doyen, Jr. WO P.O. Box 1179 James Dinizio, Jr. y a0� Southold, New York 11971 Robert A. Villa Ol [ Fax (516) 765-1823 Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS Appl. No. 4291-SE. Application of JAMES M. and ELAINE O'KEEFE. Request for a Special Exception under Article IIIA, Section 100-30B to establish Bed and Breakfast use as an accessory incidental to the applicant's single-family residence and ownership of dwelling located at 54300 C.R. 48, Southold; Parcel No. 1000-52-3-1. Zone District: R-40 Low-Density Residential. WHEREAS, a public hearing was held on January 4, 1995, at which time all those desiring to be heard were heard, in support of and in opposition to this application, and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. REQUEST FOR CONSIDERATION: By this application, a Special Exception is requested for an "Accessory Bed and Breakfast" to be owned as well as operated by the applicants of their property known as 54300 C.R. 48, Southold, New York, for the rental of three bedrooms within the existing residence and serving of breakfast to not more than six casual and transient roomers. 2. SITE LOCATION: The premises in question is located along the south side of County Route 48, Greenport, and also fronts along a private road known as "Ruch Lane" along the westerly side. An original survey prepared by Lee Lutz, Surveyor, P.C. has been submitted showing the property and driveway dated 7-5-90. 3. LAND & BUILDINGS: The 1990 survey together with an inspection by Board Members shows that the subject premises is improved with a principal two-story, and one-story, single-family Page 2 - Appl. No. 4291-SE Application of JAMES AND ELAINE O'KEEFE Decision Rendered February 1, 1995 dwelling and separate garage, located in the rear yard 19.1 feet at its closest point from the southerly property line. The dwelling is shown to be 75 feet from the northerly front property line along Middle Road (County Route 48) and 26 feet from the westerly property line along the private road. Parking for at least five (5) vehicles has been made available on site. 4. PERMITTED ZONE: This property is presently located in the "R-40" Low-Density Residential Zone District and has a total land area of 42,055 sq. ft. The principal use of the premises is and has been as a single-family dwelling use occupancy, which would not be changed by this proposed " Accessory Bed and Breakfast" establishment. 5. USE STATUS: Pre-Existing Certificate of Occupancy No. Z-19343 dated September 7, 1990 issued by the Building Inspector has been submitted for the record showing that a private one-family dwelling with accessory three-car garage existed prior to April 9, 1957 (the enactment of zoning). Also noted is Certificate of Occupancy No. Z-19342 for a deck addition under Building Permit No. 12365 and Certificate of Occupancy No. Z-5396 for an accessory constructed under Building Permit No. 6091. 6. INTENT OF SECTION 100-31B(15): In considering this application, Board Members have personally visited the site and are knowledgeable of the layout of the dwelling with proposed Bed-and Breakfast and main bedroom areas. The Board finds that the location of the proposed Bed and Breakfast area within the existing dwelling unit does meet the intent of the current zoning requirement for placement within the main fundamental living unit in this dwelling, as applied. 7. PRIVATE EASEMENTS-AGREEMENTS: The applicants have confirmed their intention and offer to limit the use of their right to use the beach areas to the applicants' family and guests, but to disallow and discourage use by transient boarders under the Bed-and-Breakfast use. The Board does agree with the applicants and the Board strongly recommends that the applicants by their offer will disallow an extension of their private rights and easement to transients boarding the B & B. The issues of private road ownership and beach use are not issues would would preclude the proposed use; and these specific issues are beyond the scope of review of this Board, and which are subject to private resolution among the claimants of these rights (rather than under the purview of the town). The Board further finds and determines that: (a) the proposed accessory use will not create a change adversely affecting the orderly and reasonable use of legally Page 3 - Appl. No. 4291-SE Application of JAMES AND ELAINE O'KEEFE Decision Rendered February 1, 1995 established uses of adjacent properties or of properties in adjacent use districts because the building will continue the same single-family residential character without any adverse physical change to the building or the land, and the owner must be the manager and operator of this access use; (b) the proposed use will not directly affect the safety, health, welfare, comfort, convenience, or order of the Town or neighboring properties because the property does have direct frontage along a County Highway and also access from a private road known as "Ruch Lane" - which does not need access over or through other residential lands for its safe and proper operation; (c) the use will be compatible with its surroundings and with the residential character of the neighborhood and of the community in general, particularly with regard to visibility, scale and overall appearance because the legislative board (Town Board) of the Town of Southold has already determined this use compatible for all types of residential neighborhoods and the outside appearance, total scale and visibility of the existing dwelling and the land in question will remain unchanged - particularly since this 100+ year old dwelling with a livable floor area of 2600+- sq. ft. is quite suitable for this type of accessory use. Additionally, the Board has also considered Section 100-264, subsections (a) through (p) of the Zoning Code and find that this proposed Special Exception use is clearly an accessory use, subordinate and incidental to the principal dwelling use with owner-occupancy. Accordingly, on motion by Chairman Goehringer, seconded by Member Wilton, it was RESOLVED, to re-confirm the (uncoordinated) Negative Declaration prepared and posted by the Board of Appeals from November 30, 1994 to the present date, pursuant to the N.Y.S. Environmental Quality Review Act (SEQRA), and BE IT FURTHER RESOLVED, to GRANT a Special Exception as provided under Article IIIA, Section 100-30B of the Zoning Code (Chapter 100) for the establishment of a Bed and Breakfast Use as an accessory use incidental to applicant-owners' single-family residence, as applied, SUBJECT TO THE FOLLOWING CONDITIONS: a) That the owners place a barrier or fence structure along the westerly side of the property abutting Ruch Lane which shall designate parking on-site for five vehicles; and b) That there be no backing out of vehicles onto the private road (Ruch Lane) or onto the County Road; every effort must be Page 4 - Appl. No. 4291-SE Application of JAMES AND ELAINE O'KEEFE Decision Rendered February 1, 1995 made to comply with circulated parking on-site for proper exiting; and c) That this special exception is limited to three bedrooms in an owner occupied dwelling for lodging and serving of breakfast to not more than six (6) casual and transient roomers, provided that the renting of such rooms for such purpose is clearly incidental and subordinate to the principal single-family dwelling use; and d) That pursuant to the Code Requirement at 100-31B(15)(b), "no accessory apartment shall be permitted in or on premises for which a bed-and-breakfast facility is authorized or exists"; and e) That proper permit(s) or other approval(s) must be obtained from the Southold Town Building Inspector and any other governmental agency having jurisdiction thereunder prior to operating this B & B for rental purposes. Vote of the Board: Ayes: Messrs. Doyen, Dinizio, Villa, Wilton and Goehringer. This resolution was duly adopted. s s s Ik GERARD P. GOEHRINGER, CHAIRMAN i sown Cizrk, -own C1 :-cu i.C':d �OgpEfOLk�oG APPEALS BOARD MEMBERS y� y;4 Southold Town Hall Gerard P. Goehringer, Chairman y „ 53095 Main Road Serge Doyen,Jr. �p ® P.O. Box 1179 James Robertt A. Villas y'hOj , �a0� Southold, 71 (516) 765-1823 Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, that the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on WEDNESDAY, JANUARY 4, 1995, commencing at the times specified below: 1. 7:30 p.m. Appl. No. 4288 - JACK, AND CHRIS GISMONDI. Request for a Variance under Article III, Section 100-30A(1) for approval of the location of an accessory swimmingpool, above ground as built, in a yard area other than the required rear yard, at premises known as 5655 Indian Neck Road, Peeonic, NY; County Tax Map Parcel No. 1000-86-6-14. (Setback from property lines, when located in a yard area other than a rear yard, shall be determined by the Board of Appeals.) 2. 7:40 p.m. Appl. No. 4289 - WILLIAM AND VERA SMITH. Request for a Variance under Article IIIA, Section 100-30A.3 based upon the October 28, 1994 Notice of Disapproval issued by the Building Inspector, for permission to construct addition to existing building which will have an insufficient front yard setback. Page 2 - Legal Notice ' Southold Town Board of Appeals Public Hearings for January 4, 1995 Location,of Property: 980 Bayview Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-106-10-17. 3. 7:40 p.m. Appl. No. 4290 - WAREX TERMINALS CORP. Request for a Variance under Article X, Section 100-101C, ref. 100-33, for permission to locate a canopy structure over existing gasoline pumps in an area other than the rear yard. Location of Property: 9945 Main Road, Mattituck, NY; County Tax Map Parcel - No. 1000-142-1-27. 4. 7:45 p.m. Appl. No. 4287 - NORTH FORK BEACH CONDOMINIUMS. (Carryover from December 7, 1994). Request to install swimmingpool at 52325 C.R. 48, Southold, NY; 1000-135.1-1-43. 5. 7:50 p.m. Appl. No. 4286 - JOEL AND MARGARET LAUBER (COREY CREEK VINEYARDS). {Carryover from December 7, 1994). Request for Special Exception to establish Winery Use for the sale of wine produced from grapes grown on the existing Vineyard where the proposed Winery is to be located. Location of .Property: Consisting of a minimum of ten (10) acres of land referred to as 45470 Main Road, Southold, NY; County Tax Map No. 1000-75-6-9.7 and 9.6. Page 3 - Legal Notice Southold Town Board of Appeals Public Hearings for January 4, 1995 6. 8:00 P.M. Appl. No. 4293 - EDWARD J. MUNSON. Request for Variance under Article IIIA, Section 100-30A.3 based upon the December 7, 1994 Notice of Disapproval issued by the Building Inspector for permission to construct addition to dwelling which will have an insufficient sideyard setback at less than the required 15 feet, and total side yards at less than the required 25 feet. Location of Property: 1545 Oaklawn Avenue, Southold, NY; County Tax Map Parcel No. 1000-70-3-5. Containing 10,400 sq. ft. of land area. 7. 8:05 p.m. Appl. No. 4292 - JAY AND MARY THOMSON. Request for a Variance under Article IIIA, Section 100-30A.3 based upon the November 30, 1994 Notice of Disapproval issued by the Building Inspector for permission to construct addition to existing dwelling which will exceed the maximum lot coverage limitations. Location of Property: 695 Bayshore Road, Greenport, NY; County Tax Map Parcel No. 1000-53-6-14. L8. 8:10 p.m. Appl. No. 4291. JAMES M. and ELAINE O'KEEFE Request for a Special Exception under Article IIIA, Section 30B to establish Bed and Breakfast use as an accessory incidental he applicant's single-family residence and ownership of dwelling ed at 54300 C.R. 48, Southold, NY; County Tax Map Parcel No.-52-3-1. Zone District: R-40 Low-Density Residential. . . 4 Page 4 - Legal Notice Southold Town Board of Appeals Public Hearings for January 4, 1995 9-11. 8:15 p.m. Application for Variances requested by WILLIAM F. GASSER concerning his property known and referred to as the American Armoured Tank Museum, 640 Love Lane and the south side of County Route 48, Mattituck, NY; County Tax Map Parcel No. 1000-140-2-16 located in the Hamlet Business Zone District, which requests are noted as follows: (9) Appl. No. 4260 - Request for Variance under Article IX, Section 100-91C(1) based upon the July 12, 1994 Notice of Disapproval issued by the Building Inspector for the placement of accessory tower structure which is required to be located in a rear yard with a setback as per Section 100-33B(2) at five feet from the property line; (10) Appl. No. 4261 - Request for Variance under Article XXIII, Section 100-231A based upon the July 12, 1994 Notice of Disapproval for the height of the fence which excess the required height limitation; (11) Appl. No. 4262 - Request for Variance under Article IX, Section 100-93 based upon the July 12, 1994 Notice of Disapproval for the outside storage or display which is not permitted in this Hamlet-Business Zone District. Page 5 - Legal Notice - Southold Town Board of Appeals Public Hearings for January 4, 1995 The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. If you wish to review any of the above files or would like to request more information, please do not hesitate to call 765-1809 or visit our office. Dated: December 16, 1994. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski x R TOWN OF SOUTHOLD, NEW YORK NOY 3 O 19ft APPLICATION FOR SPECIAL EXCEPTION Application No. Date Filed: TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: I (We) , �. 046S 14, `6 64,�Je.. 01 F of Jy 3@o 4ort—y & -1 (Residence, Ho Use No. and Street) -(Hamlet, State, Lip Code, Telephone Number) hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordancQ with the ZONING ORDINANCE, ARTICLE 1114 , SECTION /00-304 , SUBSECTION ,.-1- 8 ) for the below-described property for the following uses and purposes (and as shown on the attached plan drawn to scale) : ,So LkTj-t,&Lb t /J . y A. Statement of Ownership and Interest. Q-A}-M%S M , "6 at+il c f E- is (are) the owner(s) of property known and referred to as A House No. , Street, Hamlet! So�r�i,-� , ��5�• It °?1 identified on the Suffolk County Tax Maps as District 7000, Section L, Block _, Lot(s) / which is not (.i*} on a subdivision Map (Filed "Map of Filed Ma No. and has been approved by. the Southold Town Planning Board on Al i¢ 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: Wo,kLD iO t-r CJAYW�e- rfc. L4* r 7-v Aa- 0 F /ie. A)e iI k4 0'2-1,o g� C. The property which is the subject of this application is zoned and [ YQ] i.s .consistent 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 vacant land. _ COUNTY OF SUFFOLK) / a STATE OF NEW YORK) ss. . - ,q Sworn to before me this,;) day of�v�c) s=gcr,e19� of r EDY�C—€ MULE AIOTARY PUBLIC,State of New y0% ZB2 (rev. 2/6/86) €vo.4895153 Qualified in Suffolk County Commission Expeas MaY 20, 15�� . l� TOW OF SOUTFIC?t,D PROPERTY RECORD CARD OWNER --- — -- — -- -..--- STREET VILLAGE. DIST. SUB.— —LOT y —_w FORMER OWNER N E ACR. —. S 9z o V-( �( 7?f fr7�' / r Fl f�� W TYPE OF BUILDING 1 V F;' ItFS. lG— SEAS. --- VL. FARM — COMM. CB. MICS. Mkt Value LAND IMP. TOTAL DATE REMARKS i _r �- - '"l J It- r7 .r. ✓.� f (,04 -_ Ao - �i�i a� h„� �- = r .fir~ , 12,1 � ^5 tellable FRONTAGE ON WATER Woodland FRONTAGE ON ROAD L9eadowkxld DEPTH .louse Plot BULkHEAD rota) TOWN OF SOUTHOLD PROPERTY RECORD CARD f v1 OWNER STREET VILLAGE DIST. SUB, LOT FORMER OWNER 1 1` r 1 ,(f ACR.�71 /7 A TYPE OF BUILDING S {{� �/ ll f1;:`� ' (: 7 s ff'`1 ll YCIL.e _ \ 'r�r RES. SEAS. VL FARM COMM. CB. MISC. Mkt. Value LAND IMP, TOTAL DATE REMARKS ' 7 " ;x[.� h I ( d _ ( C5 r� t , 'r,, (A't t;'v�t l a. / 7Q - Q- 0 6 7 � i..,n...� G7 ; ,ru � l rrfl t ,°� �.. h '� �� )� :��3•� ' � C. „-^' ��/ ��-, � r� � in"7) ^' i j Grr) AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre \, Tillable 2 Tillable 3 Woodland Swampland FRBPdTYcG� f71V^ TER ��s ���5 ou p ps y Brushland FRONTAGE ON ROAD House Plot l , DEPTH d d, O r Total DOCK COLOR l 6 rn 1. - TRIM °I i ve1 P _ y !d 13 ----------------- r a M. Bldg. „ Foundation Bath �oX .3:3 _ G7��,r.f.t../1 ._ 2-' Dinette Extension f /�./ 5.°u ement <}"� Floors r, K. Extension �� ,���� Ext. Walls / , Interior Finish LR. °/Y /v / �i n - . // n Extension t; y r a j n / A S✓ bite Place i Heat v / DR. Type Roof LLLLJ!' Rooms 1st Floor BR. --- / 3 X h / /9 Recreation Room Rooms 2nd Floor FIN. B. Porch &" m �f �p ar• .�,Dormer M Breezeway C 4a"ws v , zok g=/Go .21' �/Le) Driveway Garage 24 X L S-ld ` ifair ! $ K2 9 $ ?.5' . /s' Totalt� A el-CA 'T.4to + � 4iR�iM k �E SoB�D : . � _ - 0. ul PyAAr. A4RCA 40,05s T.rl N, O Fo. I E ,. o. 965 Ac,2Go E. a G:.. R 9 o Y m �Oq SCREEN Wood s-rooP ' I•I. PORGN _ CDn 12.E 3'b.0' :o t2.9' I IV A ✓O W 2 g�oc2Y r p (11 4 _ WOOD OE<,K N N.FO. - Q(PO L 0 R. Y Ky •p,. MON.F0. O 20.2'. . o.T'. 0 V IE pRyyV 2O.2• A UNAUTHCRRED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION TM • al' OF THE NEW YORK STATE EDUCATION LAW. It • COPIES OF THIN SURVEY MAP NOT BEARING THE LAND SURVEYOR'S EMBOSSED SEAL SHALL �'`/ {•w +V� NOT BE CONSIDERED TO BE A VALID TRUE COPY. O 6N 1• " GUARANTEES ON CERTIFICATIONS INDICATED HEREON SHALL RUN ONLY TO THE PERSON PON �' O��• WHOM THE SURVEY IS PREPARED,AND ON HIS BEHALF TO THE TITLE COMPANY GOVERNMEW J TAL AGENCY AND LENDING INSTITUTION LISTED HEREON.GUARANTEES ON CERTIFICATIONS p ARE NOT TRANSFERABLE TO ADDITIONAL INSTITUTIONS OR NUSSEOUENT OWNERS. CERTIFIED TOELAINE PKYHOGKI JAHES O'KEEFE' 5 LONG ISL_G>NC� SLa�/INC.,.S BANK ("' � Giz'A-T•IC?N A0STl2AGT Q CHIG�GO TITLE INS. GO. ?0 4" . I q•g• <J MAP OF LAND LOCATED AT 'Q` ti� SO4JTH01_U TOWN OF SOUTf-IOtA COUNTY OF SUFFOLK SURVEYED FOR O ELOINE PRYHbGKI JAMES O.4C1=.EFE /� DRAWN BY: �?•1�..THE OFFSETS FROM PROPERTY LINES.SHOWN - J - HEREON ARE NOT INTENDED TO GUIDE IN THE ' - L LUTZ• P.C. DATE 7 • S •oi0 T NAIL O - PIPE ERECTION OF. AOOJ,,J RETAINING WAILS, A LICENSED LAND $ V ORS POOLS, BUILDING aDDIFIONs OR ANY OTHER � % 3UFFOLK COUNTY TAX MAP - -'-" - STAKE ■ - MONUMENT CONSTRUCTION OR f�LANTING AND SHOULD TEST HOLE,LOCATION OF WATER LINES WELLS; 125 ROUTE 25 SCALE 1 •' L�.Q' _ G- UTILITY POLE THEREFORE NOT BE USED FOR SUCH PURPOSES. SEPTIC TANKS AND CESSPOOLS NOT CERTIFIED:' 52 'Ti�^1 ROCKY POINT, - .11778 DIST. SECT. BLK I LOT St674a-205¢ �InAP NO: 1:892�j gUFFO(k OfficeLocatioh: Mailing Address. Town Annex/First Floor,North Fork Bank y Z 53095 Main Road 54375 Main Road(at Youngs Avenue) • P.O. Box 1179 Southold,NY 11971 poi d p! Southold, NY 11971-0959* �a http://soutboldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax(631) 765-9064 January 11, 2006 Ms. Marilyn A. Feldman Shorecrest 54300 Route 48 Southold, NY 11971 Re: ZBA SE 4291 - Accessory Bed and Breakfast(2/l/95); CTM 52-3-1 Dear Mrs. Feldman: Based on my visit of the premises today and information you furnished on December 8, 2005 and December 16, 2005, this will confirm that the Special Exception granted under ZBA File No. 4291 is hereby transferred to you, for four (4) bed and breakfast guest rooms as an Accessory Use to the existing single-family dwelling, during your residence and ownership at 54300 Route 48, Southold. As a reminder, please be sure in the future to obtain annual Certificate of Compliance for updated inspections through the Building Department as required by the Town Code. Sincerely yours, Ruth D. Oliva Chairwoman cc: Building Department � � � 01 Sfiorecrest 54300 Wpute 48,Sout(ofd, 9VY11971 7� Southold Board ofAppeals Southold NY11971 Dear Sirs. Please be advised that I the undersigned have purchased the above named property from the former owners, Susan and John Barnes. Please End attached copies of the property deed and a letter from John Breslin, Attorney, cerdfying that the above address is mypdmaryresidence. I am writing to request copies of thepetnucat documents regarding hcense to operate as a Bed and Breakfast transferred to my name. Marilyn A Feldman TOWN N OF SOUTHOLD Fire Safety Standards CERTIFICATE OF COMPLIANCE Known as Shorecrest Name of Place of Assembly Conducted as Bed and Breakfast Place of Assembly Located at 54300 Route 48 Southold Suffolk Address Village County MAXIMUM OCCUPANCY (Allowed Capacity) TOTAL 10 Is in compliance with the requirements of NYCRR 9B sec. 1012.4. New York State Uniform Fire Prevention Building Code, and the ordinances of the Town of Southold applicable thereto and rules adopted thereunder. Expiration is one (1) y ar fr date of issue June 2005 Date of Issue Code Inspe for This notice must be posted by the main entrance at all times. �,s Pe.cTecF b� p�,i�.o(i ✓� TOWN OF SOUTHOLD, NEW YORK Va APPLICATION FOR SPECIAL EXCEPTION ��a L/ C 60 / l Application No. I q S p� Date Filed: Z// /95- 0e+d(9r . TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: I (we) , �/n2 t + ) � � '� Ai:f+� of D-L02 F C iZ S — � r�2 T (Residence , House No. and Street —� dm eL, JLdLC, Li �vu �is � .r. . , � Number) hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLE SECTION (L L _ 3,,4_4 6 SUBSECTION for the below-described property for the following uses and purposes (and as shown on the attached plan drawn to scale) : i i v �� rt)t osS C-X czc C:,Q C-� Jl ct-e nC4 A. Statement of Ownership and Interest. 'AAA-Zi1=Ju �`_ , p.,.vy-tj is(are) the owner(s) of property known and referred to as Silcx sC� S' ouse o. , Street, am et �lct p — I identified on the Pa Suffolk County Tax Maps as District 000, Section t�z , Block , Lot(s) I which i�noj('s�i on a subdivision Map (Filed , "Map of Filed Map No. , and has been approved by t e Southold Town P anning Board on as a [Minor] [Major] Subdivision). The above-described property was acquired by the owner on B. The applicant alleges that the approval of this exception would be in harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefor in said ordinance and would not be detrimental to property or persons in the neighborhood for the following reasons : C. The property which is the subject of this application is zoned and [ ] i.s consistent 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 vacant land. COUNTY OF SUFFOLK) STATE OF NEW YORK) ss. . 1gna ur 1 Sworn to before me this & day of�1nb91- 005 n ,arvPublic ) Location: ~�p�OSUFF04CO Mailing Address: o � wn Annex/First Floor,North Fork Bank Z 53095 Main Road 54375 Main Road(at Youngs Avenue) P.O. Box 1179 Southold,NY 11,971 p! Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809 Fax (631) 765-9064 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: Names of Current Residents/Occupants of the Subject Premises: v L7 7)S ih��`v 3___. - J� ��:� l �. lC'-'v Cam., ii��'u:2 ?; 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 real estate market for sale or being shown to prospective buyers? { } Yes { vJ No. Authorized Signature and Date T APPLICANT TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and em lloovees The pjlMose 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. i YOUR NAME: -t--�VAIZt:I---fig— tiv41-w (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 or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance Change of Zone Approval of Plat Exemption from Plat or Official Map Other If"Other", 77 J name the activity: C:i� F. c'I (-,X. C." 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 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 that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship 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 non-corporate 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 RELATIONSHIP Submittedthis 1U day of Signature,. Print Name: N\,42,j -4v FtL1) '� � �OgUFFO(,�c N Town Hall,53095 Main Road y. Fax(631)765-1823 P.O. Box 1179 j. `� Telephone(631)765-1802 Southold,New York 11971-0959 BUILDING DEPARTMENT TOWN OF SOUTHOLD APPLICATION FOR ACCESSORY BED & BREAKFAST Please attach the following items when submitting this application: 1. Floor plan showing the location and number of guest rooms, smoke detectors, sizes of exits and egress -windows and doors; 2. Application fee. ($100.00 initial fee, $50.00 annual renewal). Note: A permit for a Bed and Breakfast will be issued only after owner has obtained and complied with a Special Exception for a Bed and Breakfast from the Zoning Board of Appeals, and after the Building Inspector has inspected the property and has found same to be in compliance. Note: A building Permit and Certificate of Occupancy shall be required for any structural alterations. STATE OF NEW YORK) COUNTY OFSUFFOLK) owner of property identified as Suffolk County Tax Map#1000-_5Z -_?Z_- I a/k/a House# 12rix.,7[E 4 ' located in j Town of Southold, County of Suffolk, State of New York, hereby agree to abide by the conditions and requirements of the Zoning Code of the Town of Southold and all other applicable laws, rules and regulations pertaining to Bed and Breakfast facilities, and hereby give consent for the Building Inspector of the Town of Southold to inspect the building and premises. Please contact AAA-P—i inj d it�,Q,VVV3 at(631) U to make arrangements for on- site inspections. Sworn to before me this lea Day of bOCP_mk,-,- 20�5 ('Vti tE'OG9 �c v Owners Signature V� Notary Public - --- -- -- -- --- ---- - - - - - ---- - - --- --- --- - - - - -- - -- - - --- - - - --------- - - - - -- - - -- For Office Use Only: Application# ZBA Reference SCTM #1000- Zone District: [ ] Initial fee $100.00 [ ] Annual Renewal Fee $50.00 [ ] Approved [ ] Disapproved due to Date Issued: Expiration Date: Building Inspector do�q d. �realiq, dr. ATTORNEY AT LAW 44 Fw Sne Hurrmioroa,NY 11743 (631)271-7299 FAX(631)271-7298 / July 14, 2005 Marilyn Feldman 54300 County Road 48 Southold, New York 11971 Re: Barnes to Feldman Premises: 54300 County Road 48, Southold, New York Dear Marilyn: Enclosed herewith please find my Closing Statement, together with related paperwork, with respect to the above-referenced transaction. Keep it in a safe place with your other important papers. Also enclosed is the ORIGINAL Town of Southold Certificate of Compliance. Thank you for giving me the opportunity to be of service to you, and I wish you the very best of luck and happiness in your new home. Py o /%lin, Jr. (/ JJB/ Enclosures BILL OF SALE \ KNOW ALL MEN BY THESE PRESENTS THAT: JOHN E. BARNES and SUSAN E. BARNES, doing business at 54300 County Road 48, Southold,New York 11971 party of the first part, for and in consideration of the sum of Ten($10.00 ) Dollars and other good and valuable consideration, lawful money of the United States in hand paid, at or before the ensealed and delivery of these presents by MARILYN FELDMAN, residing at 77 Summit Drive, Huntington,New York 11743 party of the second part,the receipt whereof is hereby acknowledged has bargained and sold, and by these presents does grant and convey onto the said party of the second part, heirs, executors, administrators, successors and assigns the assets of the Bed and Breakfast business now owned and operated by Seller at 54300 County Road 48, Southold,New York 11971, rights, if any, as a tenant or former tenant of the premises,the good will of the business as a going concern, all of Sellers' rights under its contracts, leases and agreements and all assets and property owned and used by Sellers in the business as specified in Exhibit A free and clear of all debts liabilities and encumbrances, except as set forth therein. AND THE PARTY OF THE FIRST PART FURTHER COVENANTS that they, John E. Barnes and Susan E. Barnes, shall not re-establish, re-open, be engaged in, or in any manner whatsoever, become interested in, directly or indirectly, either as an owner,partner, employee, agent, stockholder, director, or officer of a corporation or otherwise, in any business similar to the one hereby conveyed, within a ten(10)mile radius of 54300 County Road 48, Southold,New York 11971, for a term of one (1)year from the date hereof. TO HAVE AND TO HOLD the same unto the said party of the second part,heirs, executors, administrators, successors and assigns forever. AND does for it's heirs, executors and administrators, covenant and agree, to and with the said party of the second part,to warrant and defend the sale of the aforesaid business assets hereby sold unto the said party of the second part, it's heirs,executors, administrators, successors and assigns, against all and every person and persons whomsoever. IN WITNESS WHEREOF,the party of the first part has set their hands,this the 7a' day of July, 2005. Signed, Sealed and Delivered i/JOHN RNEpS n C�dt1 C� . WS[�lrl z SUSAN E. BARNES 1v1H1C11,11-4 r1✓LLN1Ai4, resiamg at /1 Summit Drive, Huntington, New York 11743 party of the second part, the receipt whereof is hereby acknowledged has bargained and sold, and 'by these presents does grant and convey onto the said party of the second part, heirs, executors, administrators, successors and assigns the assets of the Bed and Breakfast business now owned and operated by Seller at 54300 County Road 48, Southold,New York 11971,rights, if any, as a tenant or former tenant of the premises, the good will of the business as a going concern, all of Sellers' rights under its contracts, leases and agreements and all assets and property owned and used by Sellers in the business as specified in Exhibit A free and clear of all debts liabilities and encumbrances, except as set forth therein. AND THE PARTY OF THE FIRST PART FURTHER COVENANTS that they, John E. Barnes and Susan E. Barnes, shall not re-establish, re-open, be engaged in, or in any manner whatsoever, become interested in, directly or indirectly, either as an owner,partner, employee, agent, stockholder, director, or officer of a corporation or otherwise, in any business similar to the one hereby conveyed,within a ten (10) mile radius of 54300 County Road 48, Southold,New York 11971, for a term of one (1) year from the date hereof. TO HAVE AND TO HOLD the same unto the said party of the second part, heirs, executors, administrators, successors and assigns forever. AND does for it's heirs, executors and administrators, covenant and agree,to and with the said party of the second part, to warrant and defend the sale of the aforesaid business assets hereby sold unto the said party of the second part, it's heirs,executors, administrators, successors and assigns, against all and every person and persons whomsoever. IN WITNESS WHEREOF,the party of the first part has set their hands,this the 7a' day of July,2005. Signed, Sealed and Delivered i/.JOHN h RNEES r� G , wC in SUSAN E. BARNES snvTC' of NCw yo2(c CO()N-r / of: S U FFO C.I C 16 �D VKQ. 40 he� ut�-o'er c�.�•21,(.r1�P�c s C N°4R' ft x�eor Quarried In SuBdkCq„m, Form 8002—Bargain and Sale Deed, with Covenant against Grantor's Acts—Individual or Corporation (Single Sheet) CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. THIS INDENTURE,made the 71"day of JULY, in the year 2005 BETWEEN JOHN E.BARNES AND SUSAN E.BARNES,RESIDING AT 54300 COUNTY ROAD 48,SOUTHOLD,NEW YORK 11971 party of the first part, and Marilyn Feldman, residing at 77 Summit Drive,Huntington,New York 11743 party of the second part, WITNESSETH,that the party of the first part, in consideration of dollars paid by the party of the second part, does hereby grant and release unto the party of the second part;the heirs or successors and assigns of the party of the second pan forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Town of Southold, County of Suffolk, State of New York,bounded and described as follows: BEGINNING at the comer formed by the intersection of the southerly side of Middle Road (C.R. 27) and the northeasterly side of Ruch Road (private road); RUNNING THENCE along the southerly side of Middle Road (C.R. 27) along an arc of a curve bearing to the right having a radius of 1877.00 feet and a length of 241.61 feet actual (241.66 feet deed) to a monument foundation; THENCE South 13 degrees 48 minutes 40 seconds East, 148.53 feet actual (148.29 feet deed) to a monument foundation; THENCE South 47 degrees 38 minutes 00 seconds East,46.60 feet to a monument foundation; THENCE South 42 degrees 18 minutes 30 seconds West, 150.00 feet actual (150.47 feet deed) to a monument foundation on the northeasterly side of Ruch Road (private road): THENCE along the northeasterly side of Ruch Road (private road), the following two (2) courses and distances: 1. North 47 degrees 51 minutes 25 seconds west, 156.80 feet actual (North 47 degrees 41 minutes 30 seconds west, 156.47 feet deed); 45,buu1riuLL, nmW YUKK119'tl party of the first part, and Marilyn Feldman, residing at 77 Summit Drive, Huntington, New York 11743 party of the second part, WITNESSETH,that the party of the first part, in consideration of dollars paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Town of Southold, County of Suffolk, State of New York, bounded and described as follows: BEGINNING at the corner formed by the intersection of the southerly side of Middle Road (C.R. 27) and the northeasterly side of Ruch Road (private road); RUNNING THENCE along the southerly side of Middle Road (C.R. 27) along an arc of a curve bearing to the right having a radius of 1877.00 feet and a length of 241.61 feet actual (241.66 feet deed)to a monument foundation; THENCE South 13 degrees 48 minutes 40 seconds East, 148.53 feet actual (148.29 feet deed) to a monument foundation; THENCE South 47 degrees 38 minutes 00 seconds East, 46.60 feet to a monument foundation; THENCE South 42 degrees 18 minutes 30 seconds West, 150.00 feet actual (150.47 feet deed) to a monument foundation on the northeasterly side of Ruch Road (private road): Th'EMCE along the northeasterly side of Ruch Road (private road), the following two (2) courses and distances: 1. North 47 degrees 51 minutes 25 seconds west, 156.80 feet actual (North 47 degrees 41 minutes 30 seconds west, 156.47 feet deed); 2. North 42 degrees 09 minutes 45 seconds west, 105.92 feet actual (North 41 degrees 59 minutes 30 seconds west, 107.00 feet deed) to the point or place of BEGINNING. PARCEL II TOGETHER with a private road 25 feet in width leading from North Road to the waters of Lon Island Sound to the right of ingress and egress in common with others over said road, as more particularly described and designated on the Suffolk County Land and Tax Map as District 1000, Section 052.00, Block-01.00 and Lot 005.000, said private road being in the Town of Southold, County of Suffolk and State of New York. PARCEL III TOGETHER with a private road 20 feet in width leading from a private road to the waters of Arshamomaque Pond the right of ingress and egress in common with others over said road, as more particularly described and designated on the Suffolk County Land and Tax Map as District 1000, Section 052.00, Block 02.00 and Lot 024.000, said private road being the Town of Southold, County of Suffolk and State of New York. BEING AND INTENDED TO BE the same premises described in the deed to the parties of the first part herein by deed from James M. O'Keefe and Elaine O'Keefe f/k/a Elaine Pryhocki, husband and wife, dated May 17, 1999 and recorded May 28, 1999 in Liber 11966 page 132. Said premises are known and designated as District 1000, Section 052.00, Block 03.00 Lot 001.000, District 1000, Section 052.00, Block 01.00, Lot 005.000 and District 1000, Section 052.00,Block 02.00, Lot 024.000. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HA VE AND TO HOLD the premises herein granted unto the party of the second part,the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. PRESENCE OF: OHN E. NES J SUSAN E. BARNES �g�FFO[��, Office Location: �, pGy� Mailinf Address: Town Annex/First Floor,North Fork Bank Go Z 53095 Main Road 54375 Main Road(at Youngs Avenue) • P.O. Box 1179 Southold, NY 11971 y 0! Southold,NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809 Fax (631) 765 7.,en2�aa,.e QUESTIONNAIRE Accessory Apartment or Bed and Breakfast wits' `'' Names of Individuals or Parties Having an In Subject Premises and a description of their Name of the Applicant( s) and his/her Residence: Names of Current Residents/Occupants of the Subject 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 real estate market for sale or being shown to prospective buyers? { } yes { } No. Authorized Signature and Date I/ Kowalski, Linda Modified: Wed 12/7/05 2:32 PM New owner since July '05 of Shorecrest B & B, said she was told by NFB & B Assoc she should apply for transfer of B&B to her as new owner. Asked if shehad CO for B&B and she said in July she got CO, but she wasn't sure if it was only for house or separately for B&B use. Told her both COs are different, that she could bring it and we'd take a look at it for her. She wants to transfer B & B to her name, and ZBA requested letter with copies of: new deed to show new ownership, written notarized statement (or Affidavit) that property is her new residence. (No fee pending review of written request - our dept. could get back to her of ter reviewing her letter with attachments, the submission may not required a new application for B&B hearing, etc., and Board member may want to view site and building). Await letter for transfer to be given to ZBA. 12/7/05 2:30 pm cc: ZBA Chair RO i - 1 G �`O� EAON.FO' A V PyN'T. ARcq = 42T055 S.F.�Q ••- O. 9ls5 AC,QE w O la .9 m z j m 0 ROOFED r A �O� SCREEN W000 •TooP � ,.1 ,� PORCH 07 12.9 j N ,.o 'Yt.K Z fTpRY In FR OnnE .B !.. •'� µpt)SE 00' 2�.b I s• �•La pVMT- �• �� ' Q 2.0'E. 24S O t1' w000 0EGV4 WON,FO• Q`QO L� GeLaC. 174 0•B'S• DS�P, 4S� 4,L 2 4q ay •D FR. GDR. V. O Q`FO. .• O I pI. N P n �O. g`U Y ONE �•20.2 IS � UNAUTHORIZED ALTERAMN OR ADDITION TO THIS SURVEY A VIOLATION OF SECTION TEDS `\\` �• �� p{y Al OF THE NEWYORK STATE EDUCKTN1N LAW. • 9 -/O• COPIES OF THIS SURVEY MAP NOT MAKING THE LAND SURVEYOR'S EMBOSSED SEAL ENALL ,Q NOT SE CONSIDERED TO BE A VALID TRUE COPY. s A� GUARANTEES OR CERTIFICATIHIS INDICATED HEREON SHALL RUN ONLY TO THE PERSON fOR 1� 1 WHOM THE SUM EY M PREPARED.AND ON NO BEHALF TO THE TRUE COMPANY.DOVEItlIMEN- O L l9• ON�' TAL AGENCY AND LENDING INSTITUTION LISTED HEREON.GUARANTEES OR CERIIRCATONB J ARE NOT TRANSFERABLE TO ADMTgNAL INSTITUTIONS OR SUBSEOUENT OWNERS. CERTIFIED TOELMWE PRYNOGKI � J&"ES OIKEEFE 5' LOIJGw 1SL4Nc) a&^A < GTgT10N �OSTRLaGT Q Q GHIGD.GO TITLE INS_ GO. Mow Fo. o �'y MAP OF LAND LOCATED AT sou -Ac>L.O ID, TOWN OF �u T L.O COUNTY OF SUFFoLK YL� SURVEYED FOR !O EL&.INE PRYHOCLCI � J&MES O' KF-EFE J DRAWN BY: C)?-fir THE OFFSETS FROM PROPERTY LINES SHOWN HEREON ARE NOT INTENDED TO GUIDE IN THE L bft P.C. DATE. -1 • 5 •�i0T - NAIL O - PIPE ERECTION OF FENCES, RETAINING WALLS. LPOOLS, BUILDING ADDITIONS OR ANY OTHER SUFTLK COUNTY TAX MAP 125 HSCALE: I •• N 40• - STAKE ■ - MONUMENT CONSTRUCTION OR PUNTING AND SHOULD TEST HOLE,LOCATION OF WATER LINES,WELLS. 1 S2 pL 0-- UTILITY POLE THEREFORE NOT BE USED FOR SUCH PURPOSES. SEPTIC TANKS AND CESSPOOLS NOT CERTKIED. 516-744-2055 MAP NO: I�9'L- I DIST. SECT. 1 LK. LOT i APPEALS BOARD MEMBERS gUFFO(�co ti Gy Southold Town Hall Gerard P. Goehringer,Chairman c 53095 Main Road Serge Doyen,Jr. W x P.O. Box 1179 James Dinizio,Jr. O ye Southold, New York 11971 Robert A. Villa y�j01 �a0� Fax(516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD March 17, 1995 Mr. and Mrs. James O'Keefe 54300 CR 48 Southold, NY 11971 Re: Parking Layout - Accessory Bed and Breakfast Facility Appl. No. 4291 Rendered February 1, 1995 Dear Mr. and Mrs. O'Keefe: In response to your inquiry pertaining to the parking areas, I have been advised that the parking area which is of concern is the smaller parking area (to the north of your present driveway) , and that there must be plantings or a fence/barrier structure placed as shown on the sketch below which will prevent backing out onto Ruch Lane, or parallel parking. The arrows represent the two family cars which will be able to enter and park in this area. Very truly yours, Linda Kowalski C e � i \ 4 I /7 1, I; A N i ---- • APPEALS BOARD MEMBERS O�OSUFFO(It Southold Town Hall Gerard P Goehringer, Chairman o= < 53095 Main Road Serge Doyen, Jr. ti x P.O. Box 1179 James Dinizio, Jr. 5 . Southold, New York 11971 Robert A. Villa Fax(516) 765-1823 Lydia A.Tortora �! �a Telephone(516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD INTER-OFFICE MEMORANDUM TO: ZBA Chairman and Members FROM: Linda Kowalski DATE: March 2, 1995 SUBJECT: Parking Layout - O'Keefe B & B Request for Comments and Reply on Acceptance Mrs. O'Keefe delivered another draft of the layout of a parking plan shown to be within the existing bluestone area behind the house, and continued existing parking for two family cars only in the existing front area. Please confirm whether or not the plan needs to be amended to meet with the Board's conditions. Please stop by ZBA office or call us to let us know your thoughts on or before March 8th, or whether you would prefer to have a Special Meeting to discuss it. Thank you. • - �� 1 FRONT STEPS ----�—�-___--��._._— _-___� _— _..;,'.. i I I i I I SITTING R00 M 14 X IZ LIVING RDDM DEN SCREENED PORCH 15, X Iq` X 27 12 b" T I V �1'yvl ry5 '1S��''n� e 13•(�" X I Z, � I R-00/n Su��.oL� Ny I FP\ j L� Fp = FP up i por.Url MASTER 13EDROM DINING ,ROOM 12` X 12' 1 S' X I Z'G" I goo � ( � FLpo�2 BATH R�YY>, BREAKFA57 ROOM JY3m✓S 011 -; F-0� DELK FOYER K ITCNEN ION X IS _ c p oOOp— PANTRY BEDROOM 1'2 - BEDROOM �3 IT X IT 1(0' X IZ' ( oo 5�it3 F? C rP � BEDROOM n2 14' X IV BEDROOM #4- IS X IZ'(o" C 0 OFFICE 13'G" X IZ BATH R 00 M �' XS' So��oLfl , /ily• tl9 ?I OF Mid P- - Scy-;t.ciLD #jfbt 3Tio,,J r-Vz- 13Y6 T�m�s -vimim © '�F&F -Lc.pm c/ ALLt j 44no.j s o f Z,+c-u o f e, o->Ao4- oA) o u,2 ao" 64ou l l,i a f 8y <} fj}AC 4A9 AfLCI9 04 A6Q,� �uevef . q #4?-} 0o ctLD IN ✓A9-L,p A-rc A SrhmtP e* S WlveY . SIAJc-c Tke $4R-Uey W*3 Don>e aj qzf- To -jf-7iC- AAg4AJ AIC--e.4 QZ.rwq b N 1 �N17 TI�a �X�S%I N q T)/4 vc&j oy / 17-u'/L2 o A- AJ S1t�c�ey r U i n—vjlg441 s /lit Tres m , o'4F�jL 1 54300 Rt. 48 Southold, NY 11971 January 17, 1995 Zoning Board of Appeals Town of Southold Main Rd. Southold, N. Y. 11971 -leo Re: Application oX—operate Bed & Breakfast James and Elaine O'Keefe Gentlemen: This letter is a follow up to the Meeting of January 4, 1995,., We would like to address some of the items raised by Ms. Borrelli et al . After careful research we feel our home meets the criteria necessary for the operation of a bed and breakfast and that our application is complete. Our house was taken off the real estate market before the B & B application was submitted. We had an exclusive listing with Marian King. During and after our listing, there were calls by brokers - some of whom were unfamiliar. Ms. Borelli can hardly hold us accountable for the poor business practices of some real estate companies. ,The rights of way to which we hold title we believed to be a part of our premises. There was no deliberate omission. Certainly we would not allow our B & B guests to use these properties as a courtesy to our neighbors and to safeguard any liability resulting from their use. It should be noted however that tenants of others have been known to use the ROWs and the beach. Regarding the environment, our house was built with six bedrooms, presumably to house a large family or numerous guests. We have five adult children in addition to our eight year old. Would a petition be presented to prohibit them from a protracted visit or residence? Similarly, three additional vehicles at our home seems to be a problem, while many additional vehicles are present at tenanted homes during the summer. Would a precedent be set that some tenants are better than others? It should be noted that our home is located at the south east corner of Rt. 48 and Ruch Lane (currently a dead end) . There is no necessity for cars visiting to drive on Ruch Lane other than to enter our premise, s. Mention is made to the owners' responsibility regarding the private road while, at the same time, acknowledging that there is no owner of record. Incidentally, while we pay no dues to the ,r Y "association" we do contribute to the repaving. We take an acitve part in the community. This is our home year-round. We take specific exception to items 1 - 3 on page 4 of the memo submitted at the January 4 meeting as follows: The parking field referred to was added during a $35, 000 landscaping project. An 11 ton stump (tree was uprooted by Hurricane Bob) was removed leaving a huge hole. Parking area, steps and a front walkway was added at that time in addition to other repairs made due to storm damage. Said property was not for sale when application was made. After over one year on the market the property was not "suddenly" removed. While it is a beautiful , historic house, many comments were made regarding the noise and traffic on Rt. 48. I submit that the noise from Rt. 48 interferes with peace and quiet, not the possible addition of a maximum of six additional people for a few days at a time. The land we own is off Soundview Ave, north of Rt. 48 approximately one mile away. We do not consider it in the vicinity. If our intention was to house illegal, transient guests, would we subject ourselves to this process and the subsequent notariety? We strongly resent the accusation that we intend to break the law. The real estate market on Long Island has been depre ssed for a number of years some think we are just becoming stable. There are at least one house and one parcel of vacant land on Ruch Lane that have been on the market prior to our purchase of 54300 Rt. 48. B & B can hardly be blamed for the inability to sell . If "commercialization" is a problem, perhaps the yellow cab often seen on Ruch Lane is a culprit, or commercial trucks parked on certain premises. Perhaps a problem is absentee landlords - do they not make money from the rental of their properties? It would seem to the layman unconstitutional to deprive people of their livelihoods simply because a neighbor objects. We are not attorneys, nor did we believe the application process warranted the retention of same, so we cannot cite cases which have been approved by chapter and verse. We can assure the Board, however, that there will be no additional " . . .odors, noises, vibrations or fumes. " Most important, we believe the primary reason for the existence of B & Bs is to retain the beautiful old homes which give character and a sense of history to our neighborhoods. If not for B & Bs, many of these large old homes will become "modernized" or razed for the construction of smaller quarters. The B & Bs are often the nicest in many areas. Stockbridge, Mass. ; , Newport, RI; , Saratoga Springs, NY; Manchester, Vt. all have B & Bs and retain the country charm and graciousness that was originally intended. We again respectfully request that our exception be granted. Very t/r�uly Ours, Elaine O'Keefe James M. O'Keefe EOK 0 APPEALS BOARD MEMBERS Southold Town Hall Gerard P. Goehnnger, Chairman w T 53095 Main Road Serge Doyen, Jr. 19b P.O. Box 1179 James !Robert A. Villa r Southold,y�01 �aO! Fax (5 6)7 York 11971 765-1823 Lydia A. Tarto a Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD March 1, 1995 Mr. & Mrs. James O'Keefe 54300 C.R. 48 Southold, N. Y. 11971 Re: Appl. No. 4291 - Special Exception (B & B) Dear Mr. & Mrs. O'Keefe: Please find attached a copy of communications from the Suffolk County Department of Planning which results from their review under the Suffolk County Administrative Code for projects r located within 500 feet of a state or county highway, estuaries, creeks of the Peconic Bay area, West Harbor, Fishers Island Sound, Long Island Sound, and its tributaries. This copy is for your update and recordkeeping. Very truly yours, Lucy Farrell Enclosure COUNTY OF SUFFOLK FEB 2 4 i ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING STEPHEN M. JONES, A.I.C.P. DIRECTOR OF PLANNING February 22, 1995 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) O'Keefe, James M. & Elaine 4291 Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G.Newman Chief Planner GGN:mb 220 RABRO DRIVE ■ P.O. BOX 61 DO ■ HAUPPAUGE. LONG ISLAND. NY 11788.0099 ■ (516) 853-5192 FAX (516) 853-4044 ��SpFFOL,��o APPEALS BOARD MEMBERS Southold Town Hall Gerard P. Goehringer, Chairman CCA T 53095 Main Road Serge Doyen, Jr. WO P.O. Box 1179 James Dinizio, Jr. y a0� Southold, New York 11971 Robert A. Villa Alt Fax (516) 765-1823 Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Pursuant to Article XIV of the Suffolk County Administrative Code, The Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: Variance from the Zoning Code, Article Section Variance from Determination of Southold Town Building Inspector yy_ Special Exception, Article IIIA Section 100-30B Special Permit Appeal No : 4291 Applicant: James M . and Elaine. O ' Keefe Location of Affected Land : 54300 CR 48 , Southold , NY County Tax Map Item No. : 1000- 52-3-1 Within 500 feet of: Town or Village Boundary Line XX Body of Water (Bay, Sound or Estuary) _y State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Existing or Proposed Right-of-Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines , or Within One Mile of a Nuclear Power Plant Within One Mile of an Airport Comments : Applicant is requesting permission . to establish a RRd and Breakfast use Copies of Town file and related documents enclosed for your review. Dated : February 9 , 1995 ��gpfFOLK��G APPEALS BOARD MEMBERS �y0 'yj2 Southold Town Hall Gerard P. Goehringer, Chairman CLOD ,x 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 James Dinizio, Jr. d O� Southold, New York 11971 Robert A. Villa l *t �O Fax (516) 765-1823 Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD February 7, 1995 Mr. and Mrs. James O'Keefe 54300 C.R. 48 Southold, NY 11971 Re: Appl. No. 4291 - Special Exception (B & B) Dear Mr. and Mrs. O'Keefe: Enclosed please find a copy of the findings and determinations rendered by the Board of Appeals at our February 1, 1995 Regular Meeting. Since the subject premises is located along a County Highway and within 500 feet of a waterway, copies of your file have been transmitted to the Suffolk County Department of Planning in accordance with the rules of the Suffolk County Charter. Once their response has been received, a copy will be forwarded to you. Please be sure to return to the Town Building Department and any other agency which may have jurisdiction in this project for issuance of all permit(s) or other fire code approvals pertaining to this project before the dwelling is occupied as a Bed and Breakfast. Very truly yours, Linda Kowalski Enclosure Copies of Decision to: Building Department Suffolk County Dept. of Planning Carmella Borelli, Esq. James O'Keefe 54300 County Rd. 48 Southold, NY 11971 516-765-1580 Dec.27, 1994 Zoning Board of Appeals WL 3 01994 Town of Southold, N.Y. Main Road Southold, NY 11971 Re; Application of Mr. and Mrs. James O'Keefe to operate a Bed and Breakfast at 54300 Rt. 48 Southold, NY. Dear Board Members; I am writting this letter in response to opposition to the establishment of a B&B at 54300 Rt. 48. Some concerns have been raised that the addition of three(3) autos on route 48 would create a hazardous condition. I like to think that State Motor Vehicle Licensing Divisions have checked the competency of motor vehicle operators and that the skills of defensive driving would reduce accidents. Questions concerning property values have been raised. Opponents to the B&B believe that their property values would decrease. There is no evidence of this. I contacted Marion King of King Reality of Cutchogue N.Y. she advised me that there are no comparable' s to establish that property values would increase or decrease. Since Elaine and I have lived in our home at 54300 Rt. 48, we have had extensive landscaping done which I beleive adds to the beautification of the neighborhood and to the increased value of neighboring houses. Traditionally B&B's are among the most beautiful and well maintained homes in a community. Ours would follow that tradition and I believe add to the value of neighboring houses. Ruch Lane is a private road whose owner is unknown. There are no taxes paid on the road and no association pays insurance on the road. The association, refered to in a letter dated Dec. 10, 1994 by Arthur Toan, is a legal nonentity. This "association" owns no property , pays no taxes (property or otherwise) and has no insurance. There are a minimum of four (4) rental properties located on Ruch Lane. The residence of Ruch Lane have no input regarding tenants of these houses nor the number of vehicles they possess. Concerning parking, our home has a three (3 ) car garage with a driveway that is 35feet wide by 65feet long which is more than adequate to accommodate parking. If inclement weather prevents my guests from entering or leaving my home I will take full responsibility to accommodate them. Elaine and I have thus far complied with the law and will continue to do so. I resent the presumption by others that we would do otherwise. To withhold a permit under the grounds that one might break the law I think is unamerican. We respect our neighbors and trust they would respond in kind. 54300 County Road 48 is a 100 year old home that Elaine and I love. We live here yearround and treat our home with love and care. The rise in interest rates and the rise in taxes make the maintenance of our home difficult. With the addition of a modest income from a B&B we would be able to continue to do so. Sincerely yours James O'Keefe 12/27/94 ONGIONI & BORRELLI ATTORNEYS AT LAW \ 403 FRONT STREET P.O.BO%562 GREENPORT,NEW YORK 11944-0662 TEL.(516)477-2048 FAX(516)477-8919 MARIE ONGIONI 288 PANTIGO ROAD CARMELA L.BORRELLI EAST HAMPTON.NV 11937 TEL(516)324-8282 FAX(516)324-8283 December 23, 1994 Zoning Board of Appeals DEC 2 7 19A Town of Southold Main Road Southold, New York 11971 Re: Application of James and Elaine O'Keefe: Withdrawal of Request for an Adjournment of Public Hearing Dear Chairperson Goehringer and Board Members: On December 13, 1994, I requested an adjournment of the hearing in the above because of the unavailability of neighbors. I hereby withdraw the request. We will be ready to proceed with our objections on January 4, 1995. Thank you for your courtesy in this matter. I hope this will not cause the Board or staff any inconvenience. It would be a hardship on the neighbors to be present on January 4th and then again at the February meeting in the event that the adjournment is granted. We have therefore decided to proceed as presently scheduled. Very truly yours, ONGIO &. BORREL ,I By: ZMARIE ONGI I MO/nst cc: Mr. and Mrs. Tsoukatos • VAN NTH - CTHEI C 7Gs ly8y� -3-673 � DEC 2 21994 December 10, 1994 Zoning Board of Appeals Town of Southold Main Road Southold, New York Re: Application of M/M O'Keefe for a Special Exception to operate a Bed and Breakfast Dear Mr. Goehinger and Board Members: I strongly oppose the application of James and Elaine O'Keefe for permission to open a bed and breakfast in their house located at 54300 Cr.48, Southold. The property is not well situated for a bed and breakfast for several reasons First, the house abuts Rt. 48 where the traffic is very heavy throughout the year, but especially during the summer months. The additional traffic which will be created by the guests staying at the B&B will create a hazardous traffic condition which will endanger ourselves, our neighbors, and the surrounding areas. There have been several fatal traffic accidents throughout the Town because of poor access on heavily trafficked roads. We would not want our corner to be the scene of such a tragedy because of the Town's approval of this bed and breakfast. Secondly, it was widely reported during the hearings for this new law that property values for properties adjacent and close to a B&B would decrease because of the commercialization of the area. We are firmly convinced that it is an accurate statement that the value of our property will be diminished by the granting of this special exception for a bed and breakfast. Our taxes are already too high and if the value of our property decreases the tax burden will be even greater. Third, the access road over which the guests of the proposed bed and breakfast would have to travel is a private road not owned or maintained by the Town of Southold. In this regard, any increased cost in maintaining this road will be borne by association members who will be reaping no benefits from the additional usage. Additionally, we are quite concerned that should an accident occur on this road for guests of a commercial enterprise all association members will be in jeopardy for potential incrased liability. We may even be required to pay for additional insurance coverage because of the changed nature of the use of the road which will no longer be just for residents. Fourth, the application with accompanying documents does not indicate where adequate parking will be provided for the paying guests of the bed and breakfast. In addition, in the case of inclement weather, particularly snow, road clearance will be required on a rush basis to enable guests to enter or leave the premises. This additional cost will fall on the shoulders of association members because the Town does not have to clear a private road. Fifth, the applicant has asked for permission to use three bedrooms, the maximum allowed, for rental to transient customers. I lowever, the house contains conceivably seven bedrooms. It is and will be impossible for the Town to monitor how many rooms are actually being rented and to enforce the three room limitation. For the above reasons, we do not believe that this property is a proper candidate for a bed and breakfast and we strongly urge this Board to deny this application. Very truly yours, nn ONGIONI & BORRELLI DEC 519�g ATTORNEYS AT LAW 403 FRONT STREET P.O.BOX 562 GREENPORT,NEW YORK 11944-0562 - - TEL.(516)477-2048 - FAX(516)477-8919 _ MARIE ONGIONI 288 PANTIGO ROAD CARMELA L.BORRELLI EAST HAMPTON,NY 11937 TEL(516)324-8282 FAX(516)324-8263 December 13, 1994 Zoning Board of Appeals Town of Southold Main Road Southold, New York 11971 Re: Application of James and Elaine O'Keefe Request for an Adjournment of Public Hearing Dear Chairperson Goehringer and Board Members: I represent Mr. and Mrs. Tsoukatos who live adjacent to the above captioned applicant. The application is on the Board's January 4, 1995 hearing calendar. On behalf of my clients, I hereby request an adjournment of the hearing until the February hearing calendar because of the unavailability of many neighboring homeowners who would like to be heard but who will be away because of the holiday season. Your granting of this request will be appreciated. Thank you for your consideration. Very truly yours, ONGIONI BO/RR�E�L�LI By: MARIE ONGION] MO/nst cc: Mr. and Mrs. Tsoukatos tsoukatos: reqadj.ltr Dan Pollock Lid- ya Bitzlo-Pollock �j I RU La ne PC') . Box 0utA ii I LY M 5)1 7ll5te' i 2 �*pcember0 i' 44 axa-147, '00eIul Of ILWVea'c 'own or -ioi T, IA .-" .0 V. - M kJ -Neere ror �i -breCtai rxernll�-,luori I'- I I RI-I Anp'lcatinri c)� IM, aneil N n -rpaX last. L..;Iay 101and lkl,'Tel-rnllloers 1 sur.por� merit of in ufl-o' and elle7e ety make a r)os-itive L 1-nees,t atil is n nc'Kn 'oo it 'd b 1 T h contribution to tourism and the retention rot our venerabie i-jousirja Stock 't is F, ' o� ject t -opa7.ed Exeritntion unless I I - n de-.pi�erri.N,�-po,21t-i,�Te,,iew�; on B ff'-'D�ss 6-at In -o t em r certain coedLions are met, t As the 0'Keefe'-- property borders Route 4 6 thle Creation of a new driveway from OMIRte. 4x- intoderuounds distrtctl'rorntharof P�uc'rLay�,eanci tree mai(iricof r %I In 1. "1 rl 11 11 eHele a Parkiruir area on the— propertv wou d tie n, to aliev,at, -h gitimare safety,UI I I ;-abi.- and security concerns or the Kucrl. -iane Comm-nitV .3vnrqyeen 71-1e.d-- o sufficient- n r' "eli-bf should he planteLl on the 2 sides of P. help shield our The p i-tine ty that aLlU T P uch L ane a ne comraunity. ras would I and 6 c residents morn rue. 66,6 s gueltsl and their act-l-vines- Ain af:,-reenterir' ner—ir no d—r- to cl-�;courage all of their i ilests frorri I-�uch Lane rot- any uurr)ose, 18uelof protection nof�1.0., 'Kep'ehous-. Theadont necesSail,,z from tree corrmerciaiizatl rl cu e L r 10 SUM requ 1 rerrientS, are es.szentia! to nrecerue t r,_e s.afe security and Fluiet riatureoi- our commullitL" n c e r e iy yo u r I an roli oc cK k Dan Pollock Lidya Buzio-Pollock 1230 Ruch Lane. P.Q. Box 207. Southold, UY. 11971 516 765 5824 tel, December 20, 1994 JIW — 4 Zoning Board of Appeals Town of Southold - Southold, New York 11971 Re: Application of M/M O'Keefe for a Special Exemption to operate a Bed &Breakfast. Dear Board Members: I support the establishment of B&B's in Southold and believe they make a positive contribution to tourism and the retention of our venerable housing stock. It is despite my positive views on B&B's that I object to the proposed Exemption unless certain conditions are met. 1. As the D'Keefe's propertyborders Route 48, the creation of a new driveway from Rte. 48 into their grounds, distinct from that of Ruch Lane and the making of a parking area on their property, would help to alleviate the legitimate safety, liability and security concerns of the Ruch Lane community. 2. An evergreen hedge of sufficient height should be planted on the 2 sides of the property that abut Ruch Lane and the community. This would help shield our residents from the B&B's guests and their activities. 3. An agreement by the permit holders to discourage all of their guests from using Ruch Lane for any purpose. I believe that the above conditions would provide the minimum level of protection necessary from the commercialization of the O'Keefe house. The adoption of such requirements are essential to preserve the safety, security and quiet nature of our community. Sincerelyyours, I Dan Pollock s COrTSULT YOUR LAWYER BEFO SIGNING THIS INSTRUMENT—THIS INSTRUMENWHOULD BE USED BY LAWYERS ONLY, THIS INDENTURE, made the U clay of nineteen hundred and O� y September ninety BETWEEN ELEANOR L. RUCH, residing at 54300 North Road, Southold, New York 11971 j Yy� party of the first part/and . W JAMES M. O'KEEFE and ELAINE PRYHOCKI, residing at 82 Ruland Road, Selden, New York 11T and 5 Heritage Lane, Miller Place, New York 11764, respectively, r party of the second part, WITNESSETH, that the party of the first part, in consideration of TENand 00/100--------------------------------------------------------- dollars, PARCEL I DISTRICT lawful money of the United States, and other lawful consideration paid L000 by the party of the second part, does hereby grant and release unto the party of the second'part, the heirs, or successors and assigns for the party of the second part forever, 3E TION 52.00 PARCEL I 3LOCK ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying )3.00 and being in the Town of Southold, County of Suffolk and State of New York, bounded LOT and described as follows: )01.000 BEGINNING at the corner formed by the intersection of the southerly—side of Middle Road (C.R. 27) and the northeasterly side of Ruch Road (Private Road) ; ?ARCEL I )ISTRICT RUNNING THENCE along the southerly side of huddle Road (C.R. 27) along an arc of a curve bearing to the right having a radius of 1877.00 feet and a length of L000 241.46 feet to a monument foundation; 3ELTION RUNNING THENCE South 13 degrees, 48' , 40" East 148.29 feet to a monument i2.00 foundation; 3UJCK RUNNING THENCE South 47 degrees, 381 , 00" East 46.60 feet to a monument )1.00 foundation; LOT RUNNING THENCE South 42 degrees, 18' , 30" West 150.47 feet to a monument D05.000 foundation on the northeasterly side of Ruch Road (Private Road) ; PARCEL I I RUNNING THENCE along the northeasterly side of Ruch Road (Private Road) the DISTRICT following two courses and distances: L000 1) North 47 degrees, 41' , 30" West 156.47 feet; 2) North 41 degrees, 59' , 30" West 107.00 feet to the point or place of 3ECTION BEGINNING. )52.00 3LOCK PARCEL II )2.00 All of the right, title ,and interest of the party of the first part, if any, in and to a private road 25 feet in width leading from North Road to the 17P waters' of Long Island Sound, together with the right of ingress and egress in 124.000 common with others over said road, as more particularly described and designated on the Suffolk County Land and Tax Map as District 1000, Section 52.00, Block 01.00 and Lot 005.000, said private road being in the Town of Southold, County of Suffolk and State of New York. PARCEL III All of the right, title and interest of the party of the first part, if any, in and to a private road 20 feet in width leading from a private road to the waters of Arshamr_Troque Pond, together with the right of ingress and egress In camon with others over said road, as more particularly described and designated on the Suffolk County Land and Tax Map as District 1000, Section 52.00, Block 02.00 and Lot 024.000; said private road being in the Town of Southold, County of Suffolk and State of New York. 4bgether with the right to the use of a right of way, in cannon with others, over the aforesaid private roads for ingress and egress to and from the premises above described and to and from North Road and to and from Arshamaroque Pond. i AI r TOGETHER with all rights, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party of the first part in a6d to said premises. TO HAVE AND TO HOLD the premises herein granted unto the party of the second part,the heirs of successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been incumbered in any way whatever, except as aforesaid. AND the party of the first part,in compliance with Section 13 of the Lien Law,covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to thepayment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year first above written. IN RESENCE OF: 1 Eleanor L. Ruch a 0 A 'S f'`J -- ss,: rE OF NEW YORK, COUNTY OF SF - ss: STATE OF NEW YORK, COUNTY OF On On the O� 0 day of September 19 90, before me pe the day of 19 before me personally came ELEANOR L. RUCfI personally came to me known to be the individual described in and who to me known to be the individual described in and who executed the foregoing Instrument, and acknowledged executed the ex foregoing the instrsameument, and acknowledged that she executed the same. that PAUL S!,W Nolary PubD.c,Ste fill,4?SN., Pub11C Qualilwil assiu Counl Cnmmis�Tll Expires v� OF STATE OF NEW YORK, COUNTY OF ss: STATE OF NEW YORK, COUNTY On the day of 19 , before me On the day o/ 19 before me personally came personally cameinstrum to me known,who, being by me duly sworn, did depose-and the whomam subscribingpersonallywitness ies to t ecquahntedrewhio,gbeing byeme duly say that he resides at No. sworn, did depose and say that he resides at No. ; that he knows that he is the to be the individual of the corporation described described in and who executed the foregoing Instrument; he that he, said subscribing witness, was present and saw in and which executed the foregoing instrument; that knows the seal of said corporation; that the seal affixed to said execute the same; and that he, said witness, instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation, and at the same time subscribed h name as witness thereto. that he signed h name thereto by like order. 11argain Mnii j9IM P 10eel SECTION 52.00 e Covenant Against Grantor's Acts With _ BLOCK 03.00 01.00 02.00 LOT 001.000 05.000 024.000 Title No. COUNTY OR TOWN County of Suffolk Tom of Southold Recorded at Request of Eleanor L. Ruch Title USA Insurance To Corporation of New York RETURN BY MAIL TO James M. O'Keefe and Elaine Pryhocki Standard Form of New York Board of Title Underwriters Distributed by Zip:No. ] Title USA Insurance Corporation of New York rr � LL LL O W Q. = N O H O W W ¢ _ Z W W J Exhibit 2 „ \ aI H\ p \\ LZ S 6 i” a • - yy— ^ a•• _ /'D COUNTY OF :UFFOLK .OUTDO _ I Real ProoMv... ....-ae AOenc 00 v f 052 e l OOfffl•u�1 - G � r �CQ✓ � I �:may..- AV SnnnG� roo c,nne n , Aste ma :ri1� a n z _I p —r0 aG JI I T 'J nr V.J ..ouSE i1t .A.s P y` `A osn v\\i.?i\ 1 .�G9 or+E yO.cyl /•�'011\ '`7 "C-\ IrXY G you 20.2 Q •ow.nur w.rr�r•ter O\ ,a .w�.wa nan.s nn.�.N s•rnr s.r.....�..n TO E",w e --?RYr+ •_•. v\. \\YYY/ "_JN4 SL JNO i0V1�K1 ` �.1FrCS JK ECCF L\ ..SO A _.—> ION .\BSTR DCT 4S 3nN� Q MAP OF LAND LOCATED AT �',y SOUTHpLp p `WN rl( SOUTr-ral7 ?r1Y lv of^.11([nl N I 'UPVFvcn rnn ... .. J 4l.pINE �RVHaYI C .iAMF.j ','KEEFE vralt. • n'AE .....,.. ""eu� •Y..n. .w.n r. ...........n.....r.,,:.n......n loee�ta couPry•.S RAE IM 'EFfLUi��'SU(iGEy7Pr `�?f' .I�t SECT . '.or a gK5ER1, aylvVrnn4 �' 7'`'>0 nH. ,JN 91n. • ,O, 1 B92a. Exhibit 3A Exhibit 3A 1nOM.FO s ,}!'ww p♦r r. .J n'G4 ,2iJ5S S.F. i _ \� `7 SCREfiEJ �OpO STOOP / D 1 \ °1 Ia 2A1 3D.J' a 12.9 � Z STORY ,� IT \ O cRaME al .° yLpuSE-s �� 1 IFrS' PV MT '�1_ y�• O E. ► l4S v w000 ot<•c 17 O '� :'� .N1• a ^oe"♦+'^E'+A+.ec•.eeye.w.o-w.waML♦To.yE rf+Eo-ro. �Tw•rw♦•rxfwP..wo-ti4M.V•e r..e mLecown 'A CERTIFIED TO E:_AINE 7IZYMCIr KI e- _.�F-•.ES J•'<EEPc \ _.:NGa '`SLpN11 3pVlNCaS 3.11N✓� 17 S MAP OF LAND LOCATED AT p` �y sou�-�--►o uo -OWN OF SouTF OI.p JOUNTY OF SUFFOLK 4� SURVEYED FOR J EL 11NE PRYFOCKI JpnnES O'KEEFE 'yf O/ESEi]sn0• 1 E.ryE. 0 11p Lmo G SyOwy ^f.1EOM.wE MT iylfNpfO E sr :E'OOT ETA.M0 45 I ']a.r. ♦ ?A[^ ST44 • ^OOId. 3VRp.6 Ob III 01 M1 O Lo ! Z. Vf.�EJ'xJl'f Sri �.iE: 7 S'-KD MOMUYEMT cOM•T41CTgM 'lp gApiepANO 3UFFOlK COUNTY TA%4AP _ �fl]y'''I`(N' UTILITY POLE -yE.f EOPE nOT IE OSFO WO]YCNN EMOVlO 'EST MOLE.LOQigM Of .v.iE11 EM4s.-.vflt5 LICENSED LA r,, VyfORS MO]E] :EETq TgR].MO CESSOOLS MOT CEP♦,,LS 1 SZ \ 25ROUTE Z$,l pWERb SGIE: 1'- • 'SQ• JIST. 1 SECT. i 3LK. LOT gOCKY POINT 77a 516454-1055 uw MO: Ig9'Zcf r Exhibit 4 SITTING RmM DEN I6' X IZ CIVIN4 RODN. IS' x 19' 12 4 X Z7 IM14CD J4MW$ fJ3oo �2r9P I " '. (Zoom So�1-oLA NY fP �v 4 M15TEP BEDRDM D,NWG?roM Ir Xlz' 18: x 12'6" Room I FLDok 72gwl.,i /3 y CfLK Jn�Es c�KF-Fr/ � COT Clt NITCNCN Kcy Rx lo' mils C CLes T — � _ I I TNY -- 4 Exhibit 5 1 ,.vaou�uxe it zi x.vn � J �( � �nire \*� Iwo I I i .9.21 x al xcy ql°vOS �' /� �� ���0-an^✓13 s z3Wvl WOO'd ti i axa .?I x .vi I x..man c_wmnaA I I Exhibit 6 e Snr Oieii cu ths1Lrof this form, and anenvironmental rvewwill Loa wade Li i oad before any action is taken. SHORT E."NiRONMENTAL ASSESSMENT 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 other investigations will be undertaken. (b) If any question hasbeen 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 LNO 2. Will there be a major change to any unique or unusual land form on the site? _Yes -Y--No 3. Will project alter or have a large effect on an existing body of water? _Yes *[/` No 4. Will project have a potentially large impact on groundwater quality? _Yes JNo S. Will project significantly effect drainage flow on adjacent sites? _Yes No* 6. Will project affect any threatened or endangered plant or animal species? _Yes X No 7. Will project result in a major adverse effect on air quality? _Yes _)�No S. 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 _J\No 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical environmental area by a local agency? Yes -y No 10. Will project have a'major effect on - xisting or future recreational opportunities? _Yes �f-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 X No 13. will project have any 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 x No period or have a major negative effect on the character of the community or neighborhood? 15. Is there public controversy concerning the project? � ' —Yes -K No Preparers Signatuurre: Representing:�sentinq:_ V/�"' 6, /75 !/ Date: Y Exhibit 7 APPEALS BOARD MEMBERS t 1 n 1�O�' , `"�� SCOTT L.HAFtRIS Supervisor Gerard P.Goehringer, Chairman Serge Doyen,Jr. p ' ' Town Hall, 53095 Main Road James Dinizio,Jr. '✓.`' ' �� P.O. Box 1179 Robert A.Villa `�� • .Q �� Southold, New York 11971 Richard C.Wilton Fax (616) 765-1823 'telephone (516)765-1809 BOARD OF APPEALS Telephone (516) 765-1800 TOWN OF SOUTHOLD 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: �E1=- — Own,e2s - occu�7,�t-s Name of the Applicant(s) and his/her Residence: Si}.yr'S Al b f-v30 fl ec i Qr! b' ; S e ct-ITo L-D /J Y 11 9 > l Names of Current Residents/Occupants of the Subject Premises: SA�'te Current Occupants are: (please check one or more boxes) { } Tenants with Written Lease { } Tenants without Written Lease {x} 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 real estate market for sale or being shown to prospective buyers? { } Yes { } No. p v � L q . horized Signat a and payte Exhibit 8 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 she etotmay 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 {)O No D. 1. Are there any areas which contain wetland grasses? A/0 2. Are the wetland areas shown on the map submitted with this application? �J _ 3. Is the property bulkheaded between the wetlands area and the upland building area? Nth 4. If your property contains wetlands or pond areas, have you contacted the office of the TX Trustees for its determination of jurisdiction? E. is there a depression or sloping elevation near the area of proposed cqqstruction 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• jre not shown on the survey flap that you are submitting? If hone exist, please state "none." G. Do you have anyconstruction taking place at this time concerning your premises? it10 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,q�r any co-owner also own other land close to this parcel? � If yes# please explain where or submit copies of deeds. I. 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M►Jr ?"COSTOIIFAIRMANOrrVALUI{OP�Ypl�yl It DD PAID MARUT VALUR DP na ON"DR tirp NASq T 11lt'DIt tiNAM"NpreeldoI kkaMmrWrdhrIVA*Irbw•I As"MIDNIYrrer. ••� 'L�•�•.wY W11YW y rrKfhr:lle r� .. �rrr ar�Yi►�11 e l.uv l� /ilr� x•. 7 ' +Hrkr 1 P.re*-"A71&W t**okM UM tIrIAMf4/1MM 4, lb =it 4 , . 6�-:;_1 �'w �r .° d��� , . ,S,l���� %b� M � °i. . �i � itf * $Y Fl � � R t ��� ,' 1��i .t c � �� �•'' . x .. �A '. ��/Yw�-� �•/ // �/ / ' 7�j t<.- ��y � � ^ � ; . % z � \ �\ / - , �� - ■ � %. . \ i ! \ � � y) � � ' � � «^ \ �� ) \% f| ^ \ � \ \ y� . ~ w^ �` } a . �} . . . *�%& �°4! t ' *!\! 1 \ : � ; � U� \ ` � . : : Y� t j C .. a►'� �y ���.111 STOP _J nr r+i' STOP i 1 I � �1- .... ! � 9 z-w• _5' yyttYy'�ke Y � K ' F p •j" r �( a�� ���1� . _ -,_ � °� 1�� �a.. i � �� /�s k ,, �:�. ;:ri' a.F i � �I 4S �F{,��' � n1�- � �,. Cq �[ c. w 4 :r � �°t �'.'�.� ,`,i r . t! ,:�, t ?6�� «�« � . ��;«����; / i . < �a. ®¥ _ / < . ���¥��/� � � . �����f � � . � /. , � . � . .���� kk R ��� . � - 2�' 7 � � ¥/\32 » . ` � . ` Z� �< � -�/ . # � ��� <» twy : 4 . . � � 7 . » .\ j � � � ° : � � \ . ��2 . c « a . . . � © �� �w� . . . . y / . . . � . -� - . � LEGAL NOTICE w) NOTICE OF PUBLIC HEARING ON LOCAL LAW JAN 13 PUBLIC NOTICE IS HEREBY GIVEN that there has been presented to the Town Board of the Town of Southold, on the 13th day of December, 1994, a Local Law entitled, "A Local Law in Relation to Bed and Breakfast Facilities". NOTICE IS FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, Main Road, Southold, New York, on the 24th day of January, 1995, at 5:05 P.M., at which time all interested persons will be heard. This proposed "Local Law in Relation to Bed and Breakfast Facilities" reads as follows: BE IT ENACTED, by the Town Board of the Town of Southold as follows: I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended as follows: INTENT: The intent of this ordinance is to Provide B& Bs as an important housing base for our tourist industry while maintaining the residential integrity of our com- munities. This section Provides clear criteria for B&B approval and establishes a simplified Permitting process. 1. Section 100-31 B(15) is hereby amended as follows: u Bed-and-breakfast which has been issued a bed-and-breakfast Permit by the Building Inspector: Said permit shall be issued for a term of one year if the following conditions are met: (a) A smoke alarm shall be provided on each floor and in every quest room: (b) The dwelling shall have at least two (2) exits and there shall be a window large enough for emergency egress in each quest room: (c) The identification sign shall be no larger than two (2) square feet (d) No accessory apartment as authorized by Sec 100-31 B(14) hereof, shall be Permitted in or on premises for which a bed-and- breakfast facility is authorized or exists r Iw II Page 2 - Bed & Breakfast 2. Section 100-61A(2) is hereby added to read as follows: I (2_) Bed-and.-breakfast uses as set forth in and as regulated by Sec. 100- 316 15 3. Section 100-61 B is hereby amended to read as follows: i B. 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, et-ferth ire �udsest�era B(5�hares# are subject to site plan approval by the I Planning Board: 4. Section 100-61 B(5) is hereby deleted in its entirety as follows: II a4-8 5. Section 100-61 B(6) and Section 100-61 B(7) are hereby renumbered 100- 61 B(5) and 100-61 B(6) respectively. 6. Section 100-71A(4) is hereby added to read as follows: u Bed-and-breakfast uses as set forth in and as re ulated by Sec. 100- 316 15 . 7. Section 100-71 B(4) is hereby deleted in its entirety as follows: ' I 8. Section 100-71 B(5), Section 100-71 B(6), and Section 100-71 B(7) are hereby renumbered 100-71 B(4), 100-71 B(5), and 100-71 B(6) respectively. P ely. � 9. Section 100-81A(3) is hereby added to read as follows: (3) Bed-and-breakfast uses as set forth in and as re ulated b Sec. 100- 31E 15 . i 10. Section 100-81 B is hereby amended as follows: i B. 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, I use&, are subject to site plan approval by the Planning Board: 11. Section 100-81 B(1) is hereby amended as follows: I (1) Any special exception use as set forth in and regulated by Sec. 100- 31 B of the Agricultural-Conservation District, except that wineries are not required to be in connection with a vineyard and except bed and breakfasts. i 12. Section 100-91A is hereby amended to read as follows: A. Permitted uses. The following are permitted uses and, except for those uses permitted under Subsection A(1) aad A(2) and A(19) hereof, are subject to site plan approval by the Planning Board: ii 13. Section 100-91A(19) is hereby added to read as follows: I 119 Bed-and-breakfast uses asset forth in and as re ulated b Sec. 100- I 316 15 • �I � ` I Page 2•Bed & Breakfast • I 2. Section 100-61A(2) is hereby added to read as follows: I U Bed-and-breakfast uses as set forth in and as req ulated by Sec. 100- 31B 15 . 3. Section 100-61 B is hereby amended to read as follows: B. 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, � bsestiea B(5}-t�ereef are subject to site plan approval by the rNa-ia Planning Board: I4. Section 100-61 B(5) is hereby deleted in its entirety as follows: 5. Section 100-61 B(6) and Section 100-61 B(7) are hereby renumbered 100- 61 B(5) and 100-61 B(6) respectively. 6. Section 100-71A(4) is hereby added to read as follows: u Bed-and-breakfast uses as set forth in and as re . ulated b Sec. 100-316 15 7. Section 100-71 B(4) is hereby deleted in its entirety as follows: 8. Section 100-71 B(5), Section 100-71 B(6), and Section 100-71 B(7) are hereby renumbered 100-71 B(4), 100-71 B(5), and 100-71 B(6) respectively. 9. Section 100-81A(3) is hereby added to read as follows: I (3) Bed-and-breakfast uses as set forth in and as re ulated bY Sec. 100- 316 15 . 10. Section 100-81 B is hereby amended as follows: I B. 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, uses, are subject to site plan approval by the Planning Board: i 11. Section 100-81B(1) is hereby amended as follows: (1) Any special exception use as set forth in and regulated by Sec. 100- 31 B of the Agricultural-Conservation District, except that wineries are I not required to be in connection with a vineyard, and except bed-and- breakfasts _ . 12. Section 100-91A is hereby amended to read as follows: A. Permitted uses. The following are permitted uses and, except for those uses permitted under Subsection A(1) aad A(2) and A(19) hereof, are subject to site plan approval by the Planning Board: 13. Section 100-91A(19) is hereby added to read as follows: I l (19) Bed-and-breakfast uses as set forth in 31B and as re ulated b Sec. 100- I 15 . �I I Page 3 - & Breakfast • 14. Section 100-91 B(5) is hereby amended to read as follows: (5) fed and breal`f'r+ f Boarding and/or tourist homes as set forth and regulated by Sec. 100-61 B(5) of the Resort Residential (RR) District. 15. Section 100-101A(2) is hereby amended to read as follows: (2) Any permitted use set forth in and regulated by Sec. 100-91A(3) to 49) 19 of the Hamlet Business District. 16. Section 100-131 B(13) is hereby deleted in its entirety. 17. Section 100-131B(14) is hereby renumbered 100-131B(13). 18. Section 100-141 B(2) is hereby deleted in its entirety. (2) Bed and- -breakfast il,;Ps ass 19. Section 100-141 B(3) is hereby renumbered 100-141 B(2). �I 20. Section 100-274B is hereby amended to read as follows: B. For all other applications, including those involving commercial property, containing a single request (for example, an application requesting one (1) variance or an application requisition a special II exception], the fee shall be four hundred dollars ($400.), except that the fee for a special exception for a bed-and-breakfast shall be two hundred fifty dollars ($250 ). 21. Section 100-281J(1)(i) is hereby added to read as follows: L1 B&B permit and ins ection: one hundred dollars 100. for the initial annual permit and fifty dollars ($50 ) per timely Al renewal. �I I' II. This Local Law shall take effect upon its filing with the Secretary of State. * Overstrike represents deletions. ** Underscore represents additions. Copies of this Local Law are available in the Office of the Town Clerk to any interested persons during business hours. Dated: January 10, 1995. JUDITH T. TERRY SOUTHOLD TOWN CLERK PLEASE PUBLISH ON JANUARY 19, 1995, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO JUDITH TERRY, TOWN CLERK, TOWN HALL, P.O. BOX 1179, SOUTHOLD, N.Y. 11971 . Copies to the following: The Suffolk Times The Traveler-Watchman Town Board Members �I Town Attorney Southold Town Planning Board Southold Town Board of Appeals r, Southold Town Building Department Town Clerk's Bulletin Board Y ARSHAMAMOCK COLONY RESIDENTS, RUCH LANE, SOUTHOLD, NEW YORK BOUTIS, ED - CHRISTINE 516-765-4088 1020 RUCH LANE H 212-242-4290 SOUTHOLD, NY 11971 214 W. 21ST STREET 0 212-594-8430 NEW YORK, NY 10011 BROWN, EILEEN 516-765-9495 975 RUCH LANE, PO BOX 1074 SOUTHOLD, NY 11971 COKINOS, STEPHEN - PAULA 516-367-7955 222 RUCH LANE SOUTHOLD, NY 11971 19 HILLTOP DRIVE MELVILLLE, NY 11747 CUTRONE, FRANCES 516-765-2799 790 RUCH LANE SOUTHOLD, NY 11971 159-11 89TH STREET 718-641-2572 HOWARD BEACH, QUEENS, NY 11414 DEVINE, MICHAEL - BARBARA 516-765-5009 1275 RUCH LANE SOUTHOLD, NY 19971 40-38 PARK AVENUE 516-826-1819 SEAFORD, NY 11783 EICH, STEPHEN 516-765-5583 700 RUCH LANE SOUTHOLD, NY 11971 2666 NIDO WAY 516-221-1074 LAGUNA BEACH, CA 92651 HIGGINS, CARRIE 516-765-2886 850 RUCH LANE, PO BOX 822 SOUTHOLD, NY 11971 HOLDER, EVERTON - JANINE 516-765-1826 505 RUCH LANE SOUTHOLD, NY 11971 450 BAYBERRY LANE SOUTHOLD, NY 11971 LENT, SANDY 516-765-2384 425 RUCH LANE SOUTHOLD, NY 11971 48 OREOLE STREET 914-735-5961 PEARL RIVER, NY 10965 MULLIGAN, THOMAS 516-765-4165 865 RUCH LANE 0 516-752-1909 SOUTHOLD, NY 11971 O'KEEFE . JAMES - ELAINE 516-765-1580 54300 NORTH ROAD, RT. 48 SOUTHOLD, NY 11971 PITMAN, IRVING - SUZANNE ( SUE) 516-765-1189 1100 RUCH LANE SOUTHOLD, NY 11971 64 SOUTH WOODSIDE AVENUE 201-384-0943 BERGENFIELD, NJ 07521 POLLOCK, DANIEL (DAN) - LIDYA 516-765-5824 1230 RUCH LANE SOUTHOLD, NY 11971 40 PARK AVENUE, 17A 212-532-8652 NEW YORK, NY 10016 RUCH ELEANOR 175 RUCH LANE SOUTHOLD, NY 11971 3 EASY STREET 609-693-5475 LANOHA HARBOR, NJ 08734 SCHILKE, CORNELIA 516-765-5497 915 RUCH LANE, PO BPX 395 SOUTHOLD, NY 11971 SCHIPP, DOROTHEA 575 RUCH LANE SOUTHOLD, NY 11971 46 YALE STREET 516-328-1528 GARDEN CITY, NY 11530 SKLAVOS, EDWARD - ELECTRA 516-765-1875 630 RUCH LANE SOUTHOLD, NY 11971 254 NEW HYDE PARK ROAD 516-248-4155 GARDEN CITY, NY 11530 TENTOMAS, CONSTANTINE (GUS ) -GOEGIA 516-765-5312 1045 RUCH LAND SOUTHOLD, NY 11971 1209 149TH STREET 718-746-8690 WHITESTONE, QUEENS, NY 11537 THIBAUT, ELIZABETH 516-765-5732 460 RUCH LANE SOUTHOLD, NY 11971 TOAN, ARTHUR - ETHEL 516-765-5489 300 RUCH LANE SOUTHOLD, NY 11971 14 DOGWOOD DRIVE, OP BOX 531 201-327-5673 SADDLE RIVER, NJ 07458 TSOUKATOS, GEORGE-ZDRAVKA (DIMI ) 516-765-2760 54270 ROUTE 48 SOUTHOLD, NY 11971 VANDERBEEK, RICHARD-BERNICE (BUNNY) 516-765-2086 1150 RUCH LANE SOUTHOLD, NY 11971 664 SPRING VALLEY ROAD 215-348-8331 DOYLESTOWN, PA 18901 WHYARD, DORIS 516-765-3776 560 RUCH LANE SOUTHOLD, NY 11971 YOUNG, HELENE 516-765-1527 735 RUCH LANE SOUTHOLD, NY 11971 fW . 76 ,s" Ot' bLr�' I ALl �� c� 7J' Wild 6�4 � ft-�-ec /V y r ja J16 - 163 - 13 y' Ma L u_r C,t_ Zvi{e _ J-q n 1.3 7zP - 76 f 3 6 J -.7 /ICY__.. J Y' I IV ✓( �ZI I�.C7�L' 1� !- D_ - / '7 V 7 6J� - r/ 7 7 c k i �7 Jae n-r .l-f ,3 7 0 R t -4 J o l\ I t,-N i e,L _ to - 7 6 s-. 114 0 flL �= >y � F �' 1� r`� f} r2A I r Sc�Lrllcc' c( No! �i9 )� 'T 7 ��" iy1 K T4" _ .S O I,( NI H S_� /V I CU��� S � l�1 �.✓; �'c�' GLZ� l Si'z+ ���� D H I2-1 K F iZ I C i Vr12 j S 07, rL,r(d. N.Y >y1`SLA NYA 12f yK c�, ><4le"�Pl�f � ri27 / - T4 � 0 / - b'� lss 7 VITE L A s JO _q 7 w; cId' op . N: Y . t1S7/ '719 -,N 7-73 ,4s �q k C H--I J o> r1y - N H iz 1 ; s16 �. rZf sly,, r\ r r r r/ ITT I\18ULL �I �L � ,� 6HNiYF O`i Ii57� JU" I/XURTOS 435 Stony Short Drive Southold,U.r. 11971 tel. ( 516) 765-5362 (718) 680-0122 December 10, 1994 Zoning Board of Appeals Town of Southold Main Road Southold, New York Re: Application of M/M O'Keefe for a Special Exception to operate a Bed and Breakfast Dear Mr. Goehinger and Board Members: I strongly oppose the application of James and Elaine O'Keefe for permission to open a bed and breakfast in their house located at 54300 Cr.48, Southold. The property is not well situated for a bed and breakfast for several reasons: First, the house abuts Rt. 48 where the traffic is very heavy throughout the year, but especially during the summer months. The additional traffic which will be created by the guests staying at the B&B will create a hazardous traffic condition which will endanger ourselves, our neighbors, and the surrounding areas. There have been several fatal traffic accidents throughout the Town because of poor access on heavily trafficked roads. We would not want our corner to be the scene of such a tragedy because of the Town's approval of this bed and breakfast. Secondly, it was widely reported during the hearings for this new law that property values for properties adjacent and close to a B&B would decrease because of the commercialization of the area. We are firmly convinced that it is an accurate statement that the value of our property will be diminished by the granting of this special exception for a bed and breakfast. Our taxes are already too high and if the value of our property decreases the tax burden will be even greater. Third, the access road over which the guests of the proposed bed and breakfast would have to travel is a private road not owned or maintained by the Town of Southold. In this regard, any increased cost in maintaining this road will be borne by association members who will be reaping no benefits from the additional usage. Additionally, we are quite concerned that should an accident occur on this road for guests of a commercial enterprise all association members will be in jeopardy for potential incrased liability. We t may even be required to pay for additional insurance coverage because of the changed nature of the use of the road which will no longer be just for residents. Fourth, the application with accompanying documents does not indicate where adequate parking will be provided for the paying guests of the bed and breakfast. In addition, in the case of inclement weather, particularly snow, road clearance will be required on a rush basis to enable guests to enter or leave the premises. This additional cost will fall on the shoulders of association members because the Town does not have to clear a private road. Fifth, the applicant has asked for permission to use three bedrooms, the maximum allowed, for rental to transient customers. However, the house contains conceivably seven bedrooms. It is and will be impossible for the Town to monitor how many rooms are actually being rented and to enforce the three room limitation. For the above reasons, we do not believe that this property is a proper candidate for a bed and breakfast and we strongly urge this Board to deny this application. Very truly yours, Yitelas,John 217 Wild Chery Way,Southold N«Y.11971 tel. (516) 765 .1556C (718)297-7325 December 10, 1994 Zoning Board of Appeals Town of Southold Main Road Southold, New York Re: Application of M/M O'Keefe for a Special Exception to operate a Bed and Breakfast Dear Mr. Goehinger and Board Members: 1 strongly oppose the application of James and Elaine O'Keefe for permission to open a bed and breakfast in their house located at 54300 Cr.48, Southold. The property is not well situated for a bed and breakfast for several reasons: First, the house abuts Rt. 48 where the UafPc is very heavy throughout the year, but especially during the summer months. The additional traffic which will be created by the guests staying at the B&B will create a hazardous traffic condition which will endanger ourselves, our neighbors, and the surrounding areas. There have been several fatal traffic accidents throughout the Town because of poor access on heavily trafficked roads. We would not want our corner to be the scene of such a tragedy because of the Town's approval of this bed and breakfast. Secondly, it was widely reporter! ;luring llte hearings for this new law that property values for properties adjacent and close to a B&B would decrease because of the commercializalioti of the area. We are firmly convinced that it is an accurate statement that the value of our property will be diminished by the granting of this special exception for a bed and breakfast. Our taxes are already too high and if the value of our propetiy decreases the lax burden will be even greater. Third, the access road over which the guests of the proposed bed and breakfast would have to travel is a private road not owned or maintained by the Town of Southold. In this regard, any increased cost in maintaining this road will be borne by association members who will be reaping no benefits front the additional usage. Additionally, we are quite concerned that should an accident occur on this road for guests of a commercial enterprise all association members will be in jeopardy for potential incrased liability. We may even be required to pay for additional insurance coverage because of Ilre changed nature of the use of the road which will no longer be just for residents. Fourth, the application with accompanying documents does not indicate where adequate parking will be provided for the paying guests of the bed and breakfast. In addition, in the case of inclement weather, particularly snow, road clearance will be required on a rush basis to enable guests to enter or leave the premises. This additional cost will fall on the shoulders of association members because the Town does not have to clear a private road. Firth, the applicant has asked for permission to use three bedrooms, the maximum allowed, for rental to transient customers. I lowever, the house contains conceivably seven bedrooms. It is and will be impossible for tile 'I'own to monitor how many rooms are actually being rented and to enforce the three room limitation. For the above reasons, we do not believe that this property is a proper candidate for a bed and breakfast and we strongly urge this Board to deny this application. Very truly yours, ��L F�iNT JOt*-N- °1AR.'f ROL yd° svarWvc-D December 10, 1994 Zoning Board of Appeals 'Town of Southold Main Road Southold, New York Re: Application of M/M O'Keefe for a Special Exception to operate a Bed and Breakfast Dear Mr. Goehinger and Board Members: I strongly oppose the application of James and Elaine O'Keefe for permission to open a bed and breakfast in their house located at 54300 Cr.48, Southold. The property is not well situated for a bed and breakfast for several reasons: First, the house abuts Rt. 48 where the traffic is very heavy throughout the year, but especially during the sunnner months. The additional traffic which will be created by the guests staying at the B&B will create a hazardous traffic condition which will endanger ourselves, our neighbors, and the surrounding areas. There have been several Fatal traffic accidents throughout the Town because of poor access on heavily trafficked roads. We would not want our corner to be the scene of such a tragedy because of the Town's approval of this bed and breakfast. Secondly, it was widely reported during the hearings for this new law that property values for properties adjacent and close to a B&B would decrease because of the commercialization of the area. We are firmly convinced that it is an accurate statement that the value of our property will be diminished by the granting of this special exception for a bed and breakfast. Our taxes are already too high and if the value of our property decreases the tax burden will be even greater. Third, the access road over which the guests of the proposed bed and breakfast would have to Navel is a private road not owned or maintained by the 'fown of Southold. In this regard, any increased cost in maintaining this road will be borne by association members who will be reaping no benefits from the additional usage. Additionally, we are oad for guests of a commercial quite concerned that should an accident occur on this r enterprise all association members will be in jeopardy for potential incrased liability. We may even be required to pay for additional insurance coverage because of the changed nature of the use of the road which will no longer be just for residents. Fourth, the application will, accompanying documents does not indicate where adequate parking will be provided for the paying guests of the bed and breakfast. In addition, in the case of inclement weather, particularly snow, road clearance will be required on a rush basis to enable guests to enter or leave the premises. This additional cost will fall on the shoulders of association members because the Town does not have to clear a private road. Fifth, the applicant has asked for permission to use three bedrooms, the maximum allowed, for rental to transient customers. I lowever, the house contains conceivably seven bedrooms. It is and will be impossible for the Town to monitor how many rooms are actually being rented and to enforce the three room limitation. For the above reasons, we do not believe that this property is a proper candidate for a bed and breakfast and we strongly urge this Board to deny this application. Very truly yours, [— NTG, ,'IAS L01PFlNTiN � - GiFoi�yiA SzUf�-cGc� ii97/ i6 — 76,J"-.f 3 /Z December 10, 1994 Toning Board of Appeals Town of Southold Main Road Southold, New York Re: Application of M/M O'Keefe for a Special Exception to operate a Bed and Breakfast Dear Mr. Goehinger and Board Members: 1 strongly oppose the application of James and Elaine O'Keefe for permission to open a bed and breakfast in their house located at 54300 Cr.48, Southold. The property is not well situated for a bed and breakfast for several reasons: First, the house abuts Rt. 48 where the traffic is very heavy throughout the year, but especially during the summer months. The additional traffic which will be created by the guests staying at the B&B will create a hazardous traffic condition which will endanger ourselves, our neighbors, and the surrounding areas. There have been several fatal traffic accidents throughout the Town because of poor access on heavily trafficked roads. We would not want our corner to be the scene of such a tragedy because of the Town's approval of this bed and breakfast. Secondly, it was widely reported during the hearings for this new law that property values for properties adjacent and close to a B&B would decrease because of the commercialization of the area. We are firmly convinced that it is an accurate statement that the value of our property will be diminished by the granting of this special exception for a bed and breakfast. Our taxes are already too high and if the value of our property decreases the tax burden will be even greater. Third, the access road over which the guests of the proposed bed and breakfast would have to travel is a private road not owned or maintained by the Town of Southold. In this regard, any increased cost in maintaining this road will be borne by association members who will be reaping no benefits from the additional usage. Additionally, we are quite concerned that should an accident occur on this road for guests of a commercial enterprise all association members will be in jeopardy for potential incrased liability. We may even be required to pay for additional insurance coverage because of the changed nature of the use of the road which will no longer be just for residents. Fourth, the application with accompanying documents does not indicate where adequate parking will be provided for the paying guests of the bed and breakfast. In addition, in the case of inclement weather, particularly snow, road clearance will be required on a rush basis to enable guests to enter or leave the premises. This additional cost will fall on the shoulders of association members because the Town does not have to clear a private road. Fifth, the applicant has asked for permission to use three bedrooms, the maximum allowed, for rental to transient customers. However, the house contains conceivably seven bedrooms. It is and will be impossible for the Town to monitor how many rooms are actually being rented and to enforce the three room limitation. For the above reasons, we do not believe that this property is a proper candidate for a bed and breakfast and we strongly urge this Board to deny this application. Very truly yours, G Ol��ati/4-I"tk- �i�f%Gy� 6-C� LA�q �H zraS ���aLth Rd �,4?tyk� t)ecember 10, 1994 Zoning Board of Appeals Town of Southold Main Road Southold, New York Re: Application of M/M O'Keefe for a Special Exception to operate a Bed and Breakfast Dear Mr. Goehinger and Board Members. I strong►y oppose the application of,lames and Elaine O'Keefe for permission to open a bed and breakfast in their house located at 54300 Cr.48, Southold. The property is not well situated for a bed and breakfast for several reasons First, the house abuts RI. 48 where the traffic is very heavy throughout the year, but especially during the suit nter months. i'he additional traffic which will be created by the guests staying at the B&B will create a hazardous traffic condition which will endanger ourselves, our neighbors, and the surrounding areas. There have been several fatal traffic accidents throughout the Town because of poor access on heavily trafficked roads. We would not want our corner to be the scene of such a to because of the Town's approval of this bed and breakfast. Secondly, it was widely reported during llte hearings for this new law that property values for properties adjacent and close to a B&B would decrease because of the commercialization of the area. We are firmly convinced that it is an accurate statement that the value of our property will be diminished by the granting of this special exception fora bed and breakfast. Our taxes are already too high and if the value of our properly decreases the tax burden will be even greater. Third, the access road over which the guests of the proposed bed and breakfast would have to travel is a private road not owned or maintained by the Town of Southold. In this regard, any increased cost in maintaining this road will be borne by association members who will be reaping no benefits front the additional usage. Additionally, we are quite concerned that should an accident occur on this road for guests of a commercial enterprise all association members will be in jeopardy for potential incrased liability. We may even be required to pay for additional insurance coverage because orthe changed nature of the use of the road which will no longer be just for residents. Fourth, the application with accompanying documents does not indicate where adequate parking will be provided for the paying guests of the bed and breakfast. In addition, in the case of inclement we, particularly snow, road clearance will be required on a rush basis to enable guests to enter or leave the premises. This additional cost will fall on the shoulders of association members because the Town does not have to clear a private road. Filth, the applicant has asked ror permission to use three bedrooms, the maximum allowed, for rental to transient customers. I lowever, the house contains conceivably seven bedrooms. It is and will be impossible ror the Town to monitor how many rooms are actually being rented and to enforce the three room limitation. For the above reasons, we do not believe that this properly is a proper candidate for a bed and breakfast and we strongly urge this Board to deny INS application. Very truly yoQuis, Q te SJ 3i�yhEQey LAND Svc, rt+o LD December 10, 1994 Zoning Board of Appeals Town of Southold Main Road Southold, New York Re: Application of M/M O'Keefe for a Special Exception to operate a Bed and Breakfast Dear Mr. Goehinger and Board Members: I strongly oppose the application of James and Elaine O'Keefe for permission to open a bed and breakfast in their house located at 54300 Cr.48, Southold. 'file property is not well situated for a bed and breakfast for several reasons: First, the house abuts Rt. 48 where the traffic is very heavy throughout the year, but especially during the summer months. The additional traffic which will be created by the guests staying at the B&B will create a hazardous traffic condition which will endanger ourselves, our neighbors, and the surrounding areas. There have been several fatal traffic accidents throughout the Town because of poor access on heavily trafficked roads. We would not want our corner to be the scene of such a tragedy because of the Town's approval of this bed and breakfast. Secondly, it was widely reported during the hearings for this new law that property values for properties adjacent and close to a B&B would decrease because of the commercialization of the area. We are firmly convinced that it is an accurate statement that the value of our property will be diminished by the granting of this special exception for a bed and breakfast. Our taxes are already too high and if the value of our property decreases the tax burden will be even greater. Third, the access road over which the guests of the proposed bed and breakfast would have to travel is a private road not owned or maintained by the Town of Southold. In this regard, any increased cost in maintaining this road will be borne by association members who will be reaping no benefits from the additional usage. Additionally, we are quite concerned that should an accident occur on this road for guests of a commercial enterprise all association members will be in jeopardy for potential incrased liability. We s may even be required to pay for additional insurance coverage because of the changed nature of the use of the road which will no longer be just for residents. Fourth, the application with accompanying documents does not indicate where adequate parking will be provided for the paying guests of the bed and breakfast. In addition, in the case of inclement weather, particularly snow, road clearance will be required on a rush basis to enable guests to enter or leave the premises. This additional cost will fall on the shoulders of association members because the Town does not have to clear a private road. Fifth, the applicant has asked for permission to use three bedrooms, the maximum allowed, for rental to transient customers Ilowever, the house contains conceivably seven bedrooms. It is and will be impossible for the Town to monitor how many rooms are actually being rented and to enforce the three room limitation. For the above reasons, we do not believe that this property is a proper candidate for a bed and breakfast and we strongly urge this Board to deny this application. Very truly yours, �C WA-N- R Ma-1r� Auk �> 5 T 6- U r2Prl. T T /71 E7 "D D F t1^� Vanderbeek,Richard 1150 Ruch Lane Southold,N.Y.11971 tel. ( 516) 765-2086 (215) 348-8331 December 10, 1994 Zoning Board of Appeals Town of Southold Main Road Southold, New York Re: Application of M/M O'Keefe for a Special Exception to operate a Bed and Breakfast Dear Mr. Goehinger and Board Members: I strongly oppose the application of James and Elaine O'Keefe for permission to open a bed and breakfast in their house located at 54300 Cr.48, Southold. The property is not well situated for a bed and breakfast for several reasons: First, the house abuts Rt. 48 where the traffic is very heavy throughout the year, but especially during the summer months. The additional traffic which will be created by the guests staying at the B&B will create a hazardous traffic condition which will endanger ourselves, our neighbors, and the surrounding areas. There have been several fatal traffic accidents throughout the Town because of poor access on heavily trafficked roads. We would not want our corner to be the scene of such a tragedy because of the Town's approval of this bed and breakfast. Secondly, it was widely reported during the hearings for this new law that property values for properties adjacent and close to a B&B would decrease because of the commercialization of the area. We are firmly convinced that it is an accurate statement that the value of our property will be diminished by the granting of this special exception for abed and breakfast. Our taxes are already too high and if the value of our property decreases the tax burden will be even greater. Third, the access road over which the guests of the proposed bed and breakfast would have to travel is a private road not owned or maintained by the"Town of Southold. In this regard, any increased cost in maintaining this road will be borne by association members who will be reaping no benefits from the additional usage. Additionally, we are quite concerned that should an accident occur on this road for guests of a commercial enterprise all association members will be injeopardy for potential incrased liability. We may even be required to pay for additional insurance coverage because of the changed nature of the use of the road which will no longer be just for residents. Fourth, the application with accompanying documents does not indicate where the paying guests of the bed and breakfast. In adequate parking will be provided for addition, in the case of inclement weather, particularly snow, road clearance will be required on a rush basis to enable guests to enter or leave the premises. This additional cost will fall on the shoulders of association members because the 'rown does not have to clear a private road. Fift, the applicant has asked for permission to use three bedrooms, the maximum allowed, for rental to transient customers. I lowever, the house contains conceivably seven bedrooms. It is and will be impossible for the Town to monitor how many rooms are actually being rented and to enforce the three room limitation. For the above reasons, we do not believe that this property is a proper candidate for a bed and breakfast and we strongly urge this Board to deny this application. Very truly yours, �V� • Coffin rr+ /�S. Sell./isc 76S-5-y 97 December 10, 1994 Zoning Board of Appeals Town of Southold Main Road Southold, New York Re: Application of M/M O'Keefe for a Special Exception to operate a Bed and Breakfast Dear Mr. Goehinger and Board Members: I strongly oppose the application of James and Elaine O'Keefe for permission to open a bed and breakfast in their house located at 54300 Cr.48, Southold. The property is not well situated for a bed and breakfast for several reasons: First, the house abuts Rt. 48 where the traffic is very heavy throughout the year, but especially during the summer months. The additional traffic which will be created by the guests staying at the B&B will create a hazardous traffic condition which will endanger ourselves, our neighbors, and the surrounding areas. There have been several fatal traffic accidents throughout the Town because of poor access on heavily trafficked roads. We would not want our corner to be the scene of such a tragedy because of the Town's approval of this bed and breakfast. Secondly, it was widely reported during the hearings for this new law that property values for properties adjacent and close to a B&B would decrease because of the commercialization of the area. We are firmly convinced that it is an accurate statement that the value of our property will be diminished by the granting of this special exception for a bed and breakfast. Our taxes are already too high and if the value of our property decreases the tax burden will be even greater. Third, the access road over which the guests of the proposed bed and breakfast would have to travel is a private road not owned or maintained by the Town of Southold. In this regard, any increased cost in maintaining this road will be borne by association members who will be reaping no benefits from the additional usage. Additionally, we are quite concerned that should an accident occur on this road for guests of a commercial enterprise all association members will be in jeopardy for potential incrased liability. We may even be required to pay for additional insurance coverage because of the changed nature of the use of the road which will no longer be just for residents. Fourth, the application with accompanying documents does not indicate where adequate parking will be provided for the paying guests of the bed and breakfast. In addition, in the case of inclement weather, particularly snow, road clearance will be required on a rush basis to enable guests to enter or leave the premises. This additional cost will fall on the shoulders of association members because the Town does not have to clear a private road. Fifth, the applicant has asked for permission to use three bedrooms, the maximum allowed, for rental to transient customers. I lowever, the house contains conceivably seven bedrooms. It is and will be impossible for the Town to monitor how many rooms are actually being rented and to enforce the three room limitation. For the above reasons, we do not believe that this property is a proper candidate for a bed and breakfast and we strongly urge this Board to deny this application. Very truly yours, a �p�ui 'rhe TrrfF/e Fran+ Town 3eneL, M,rKe > �� ��'"r -rU �or�rro7'c �o.ad- 735— �ucN /+NE j&(JTlfG<-OA //q7� December 10, 1994 Zoning Board of Appeals Town of Southold Main Road Southold, New York Re: Application of M/M O'Keefe for a Special Exception to operate a Bed and Breakfast Dear Mr Goehinger and Board Members: I strongly oppose the application of James and Elaine O'Keefe for permission to open a bed and breakfast in their house located at 54300 Cr.48, Southold. The property is not well situated for a bed and breakfast for several reasons: First, the house abuts Rt. 48 where the traffic is very heavy throughout the year, but especially during the summer months. 'The additional traffic which will be created by the guests staying at the B&B will create a hazardous traMc condition which will endanger ourselves, our neighbors, and the surrounding areas. There have been several fatal traffic accidents throughout the Town because of poor access on heavily trafficked roads. We would not want our corner to be the scene of such a tragedy because of the Town's approval of this bed and breakfast. Secondly, it was widely reported during the hearings for this new law that property values for properties adjacent and close to a B&B would decrease because of the commercialization of the area. We are firmly convinced that it is an accurate statement that the value of our property will be diminished by the granting of this special exception for a bed and breakfast. Our taxes are already too high and if the value of our property decreases the tax burden will be even greater. Third, the access road over which the guests of the proposed bed and breakfast would have to travel is a private road not owned or maintained by the Town of Southold. In this regard, any increased cost in maintaining this road will be borne by association members who will be reaping no benefits from the additional usage. Additionally, we are quite concerned that should an accident occur on this road for guests of a commercial enterprise all association members will be in jeopardy for potential incrased liability. We may even be required to pay for additional insurance coverage because of the changed nature of the use of the road which will no longer be just for residents. Fourth, the application with accompanying documents does not indicate where adequate parking will be provided for the paying guests of the bed and breakfast. In addition, in the case of inclement weather, particularly snow, road clearance will be required on a rush basis to enable guests to enter or leave the premises. This additional cost will fall on the shoulders of association members because the Town does not have to clear a private road. Fifth, the applicant has asked for permission to use three bedrooms, the maximum allowed, for rental to transient customers. I lowever, the house contains conceivably seven bedrooms. It is and will be impossible for the Town to monitor how many rooms are actually being rented and to enforce the three room limitation. For the above reasons, we do not believe that this property is a proper candidate for a bed and breakfast and we strongly urge this Board to deny this application. Very truly yours, �G7 t tx k c - ` (� C° r I 1 L 16c1,JOr-, ej �. 7t December 10, 1994 Zoning Board of Appeals Town of Southold Main Road Southold, New York Re: Application of M/M O'Keefe for a Special Exception to operate a Bed and Breakfast Dear Mr. Goehinger and Board Members: 1 strongly oppose the application of James and Elaine O'Keefe for permission to open a bed and breakfast in their house located at 54300 Cr.48, Southold. The property is not well situated for a bed and breakfast for several reasons: First, the house abuts Rt. 48 where the traffic is very heavy throughout the year, but especially during the summer months The additional traffic which will be created by the guests staying at the B&B will create a hazardous traffic condition which will endanger ourselves, our neighbors, and the surrounding areas. There have been several fatal traffic accidents throughout the Town because of poor access on heavily trafficked roads. We would not want our corner to be the scene of such a tragedy because of the Town's approval of this bed and breakfast. Secondly, it was widely reported during the hearings for this new law that property values for properties adjacent and close to a B&B would decrease because of the commercialization of the area. We are firmly convinced that it is an accurate statement that the value of our property will be diminished by the granting of this special exception for a bed and breakfast. Our taxes are already too high and if the value of our property decreases the tax burden will be even greater. Third, the access road over which the guests of the proposed bed and breakfast would have to travel is a private road not owned or maintained by the Town of Southold. In this regard, any increased cost in maintaining this road will be borne by association members who will be reaping no benefits from the additional usage. Additionally, we are quite concerned that should an accident occur on this road for guests of a commercial enterprise all association members will be in jeopardy fin potential incrased liability. We 0 may even be required to pay for additional insurance coverage because of the changed nature of the use of the road which will no longer be just for residents. Fourth, the application with accompanying documents does not indicate where adequate parking will be provided for the paying guests of the bed and breakfast. In addition, in the case of inclement weather, particularly snow, road clearance will be required on a rush basis to enable guests to enter or leave the premises. This additional cost will fall on the shoulders of association members because the Town does not have to clear a private road. Fifth, the applicant has asked for permission to use three bedrooms, the maximum allowed, for rental to transient customers. However, the house contains conceivably seven bedrooms. It is and will be impossible for the Town to monitor how many rooms are actually being rented and to enforce the three room limitation. For the above reasons, we do not believe that this property is a proper candidate for a bed and breakfast and we strongly urge this Board to deny this application. Very truly yours, <` fr • ST� I�I� 13tNNh�! T 7,S' /i v c, A L,.q•v v_- i 7wJ- syi� December 10, 1994 Zoning Board of Appeals Town of Southold Main Road Southold, New York Re: Application of M/M O'Keefe for a Special Exception to operate a Bed and Breakfast Dear Mr. Goehinger and Board Members: I strongly oppose the application of.lames and Elaine O'Keefe for permission to open a bed and breakfast in their house located at 54300 Cr.48, Southold. The property is not well situated for a bed and breakfast for several reasons: First, the house abuts Rt. 48 where the traffic is very heavy throughout the year, but especially during the summer tnonths. The additional traffic which will be created by the guests staying at the B&B will create a hazardous traffic condition which will endanger ourselves, our neighbors, and the surrounding areas. There have been several fatal traffic accidents throughout the Town because of poor access on heavily trafficked roads. We would not want our corner to be the scene of such a tragedy because of the Town's approval of this bed and breakfast. Secondly, it was widely reported during the hearings for this new law that property values for properties adjacent and close to a B&B would decrease because of the commercialization of the area. We are firmly convinced that it is an accurate statement that the value of our property will be diminished by the granting of this special exception fora bed and breakfast. Our taxes are already too high and if the value of our property decreases the tax burden will be even greater. "Third, the access road over which the guests of the proposed bed and breakfast would have to travel is a private road not owned or maintained by the 'Town of Southold. In this regard, any increased cost in maintaining this road will be borne by association nretnbers who will be reaping no benefits from the additional usage. Additionally, we are quite concerned that should an accident occur on this road for guests of a commercial enterprise all association members will be in jeopardy for potential incrased liability. We may even be required to pay for additional insurance coverage because of the changed nature of the use of the road which will no longer be just for residents. Fourth, the application with accompanying documents does not indicate where adequate parking will be provided for the paying guests of the bed and breakfast. In addition, in the case of inclement weather, particularly snow, road clearance will be required on a rush basis to enable guests to enter or leave the premises. This additional cost will fall on the shoulders of association members because the"town does not have to clear a private road. Fifth, the applicant has asked for permission to use three bedrooms, the maxinwm allowed, for rental to transient customers. I lowever, the house contains conceivably seven bedrooms. It is and will be impossible for the Town to monitor how many roorns are actually being rented and to enforce the three room limitation. For the above reasons, we do not believe that this property is a proper candidate for a bed and breakfast and we strongly urge this Board to deny this application. Very truly yours, Cokinos,Stephen — Paula 222 Ruch Lane, Southold,N.Y. 11971 December 10, 1994 Zoning Board of Appeals Town of Southold Main Road Southold, New York Re: Application of M/M O'Keefe for a Special Exception to operate a Bed and Breakfast Dear Mr. Goehinger and Board Members: I strongly oppose the application of James and Elaine O'Keefe for permission to open a bed and breakfast in their house located at 54300 Cr.48, Southold. The property is not well situated for a bed and breakfast for several reasons: First, the house abuts Rt. 48 where the traffic is very heavy throughout the year, but especially during the summer months. The additional traffic which will be created by the guests staying at the B&B will create a hazardous traffic condition which will endanger ourselves, our neighbors, and the surrounding areas. There have been several fatal traffic accidents throughout the Town because of poor access on heavily trafficked roads. We would not want our corner to be the scene of such a tragedy because of the Town's approval of this bed and breakfast. Secondly, it was widely reported during the hearings for this new law that property values for properties adjacent and close to i B&B would decrease because of the commercialization of the area. We are firmly convinced that it is an accurate statement that the value of our property will be diminished by the granting of this special exception for a bed and breakfast. Our taxes are already too high and if the value of our property decreases the tax burden will be even greater. Third, the access road over which the guests of the proposed bed and breakfast would have to travel is a private road not owned or maintained by the Town of Southold. In this regard, any increased cost in maintaining this road will be borne by association members who will be reaping no benefits from the additional usage. Additionally, we are quite concerned that should an accident occur on this road for guests of a commercial enterprise all association members will be in jeopardy for potential incrased liability. We may even be required to pay for additional insurance coverage because of the changed nature of the use of the road which will no longer be just for residents. Fourth, the application with accompanying documents does not indicate where adequate parking will be provided for the paying guests of the bed and breakfast. In addition, in the case of inclement weather, particularly snow, road clearance will be required on a rush basis to enable guests to enter or leave the premises. This additional cost will fall on the shoulders of association members because the Town does not have to clear a private road. Fifth, the applicant has asked for permission to use three bedrooms, the maximum allowed, for rental to transient customers. However, the house contains conceivably seven bedrooms. It is and will be impossible for the Town to monitor how many rooms are actually being rented and to enforce the three room limitation. For the above reasons, we do not believe that this property is a proper candidate for a bed and breakfast and we strongly urge this Board to deny this application. Very truly yours, �^ S Pitman,Irving» SaLXJNNE 1100 Ruch Lane,Southold,l9Y.11971 tel. ( 516) 765-1189 (201) 384-0943 December 10, 1994 Zoning Board of Appeals Town of Southold Main Road Southold, New York Re: Application of M/M O'Keefe for a Special Exception to operate a Bed and Breakfast Dear Mr. Goehinger and Board Members: I strongly oppose the application of James and Elaine O'Keefe for permission to open a bed and breakfast in their house located at 54300 Cr.48, Southold. The property is not well situated for a bell and breakfast for several reasons: First, the house abuts Rt. 48 where the traffic is very heavy throughout the year, but especially during the summer months. The additional traffic which will be created by the guests staying at the B&B will create a hazardous traffic condition which will endanger ourselves, our neighbors, and the surrounding areas. There have been several fatal traffic accidents throughout the Town because of poor access on heavily trafficked roads. We would not want our corner to be the scene of such a tragedy because of the'fown's approval of this bed and breakfast. Secondly, it was widely reported during the hearings for this new law that property values for properties adjacent and close to a B&B would decrease because of the commercialization of the area. We are firmly convinced that it is an accurate statement that the value of our property will be diminished by the granting of this special exception for a bed and breakfast. Our taxes are already too high and if the value of our property decreases the tax burden will be even greater. Third, the access road over which the guests of the proposed bed and breakfast would have to travel is a private road not owned or maintained by the Town of Southold. In this regard, any increased cost in maintaining this road will be borne by association members who will be reaping no benefits font the additional usage. Additionally, we are quite concerned that should an accident occur on this road for guests of a commercial enterprise all association members will be in jeopardy for potential incrased liability. We may even be required to pay for additional insurance coverage because of the changed nature of the use of the road which will no longer be just for residents. Fourth, the application with accompanying documents does not indicate where adequate parking will be provided for the paying guests of the bed and breakfast. In addition, in the case of inclement weather, particularly snow, road clearance will be required on a rush basis to enable guests to enter or leave the premises. This additional cost will fall on the shoulders of association members because the'rown does not have to clear a private road. Fifth, the applicant has asked for permission to use three bedrooms, the maximum allowed, for rental to transient customers. I lowever, the house contains conceivably seven bedrooms. It is and will be impossible for the Town to monitor how many rooms are actually being rented and to enforce the three room limitation. For the above reasons, we do not believe that this property is a proper candidate for a bed and breakfast and we strongly urge this Board to deny this application. Very truly yours, Q/ Q Cutrone Frances 790 Ruch Lane, Southold,N.Y. 11971 tel. ( 516) 765-5799 (718) 641-2572 December 10, 1994 Zoning Board of Appeals Town of Southold Main Road Southold, New York Re: Application of M/M O'Keefe for a Special Exception to operate a Bed and Breakfast Dear Mr. Goehinger and Board Members: I strongly oppose the application of lames and Elaine O'Keefe for permission to open a bed and breakfast in their house located at 54300 Cr.48, Southold. The property is not well situated for a bed and breakfast for several reasons: First, the house abuts Rt. 48 where the traffic is very heavy throughout the year, but especially during the summer months. The additional traffic which will be created by the guests staying at the B&B will create a hazardous traffic condition which will endanger ourselves, our neighbors, and the surrounding areas. There have been several fatal traffic accidents throughout the Town because of poor access on heavily trafficked roads. We would not want our corner to be the scene of such a tragedy because of the Town's approval of this bed and breakfast. Secondly, it was widely reported during the hearings for this new law that property values for properties adjacent and close to a B&B would decrease because of the commercialization of the area. We are firmly convinced that it is an accurate statement that the value of our property will be diminished by the granting of this special exception for a bed and breakfast. Our taxes are already too high and if the value of our property decreases the tax burden will be even greater. Third, the access road over which the guests of the proposed bed and breakfast would have to travel is a private road not owned or maintained by the Town of Southold. In this regard, any increased cost in maintaining this road will be borne by association members who will be reaping no benefits from the additional usage. Additionally, we are quite concerned that should an accident occur on this road for guests of a commercial enterprise all association members will be in jeopardy for potential incrased liability. We may even be required to pay for additional insurance coverage because of the changed nature of the use of the road which will no longer be just for residents. Fourth, the application with accompanying documents does not indicate where adequate parking will be provided for the paying guests of the bed and breakfast. In addition, in the case of inclement weather, particularly snow, road clearance will be required on a rush basis to enable guests to enter or leave the premises. This additional cost will fall on the shoulders of association members because the Town does not have to clear a private road. Fifth, the applicant has asked for permission to use three bedrooms, the maximum allowed, for rental to transient customers. Ilowever, the house contains conceivably seven bedrooms. It is and will be impossible for the Town to monitor how many rooms are actually being rented and to enforce the three room limitation. For the above reasons, we do not believe that this property is a proper candidate for a bed and breakfast and we strongly urge this Board to deny this application. Very truly yours, Tsoukatos,George & Edravka 54270 Route 48,Southold,li.Y.11971 tel. ( 516)765-2760 December 10, 1994 Zoning Board of Appeals Town of Southold Main Road Southold, New York Re: Application of M/M O'Keefe for a Special Exception to operate a Bed and Breakfast Dear Mr. Ciochinger and Board Members: I strongly oppose the application of.lames and Elaine O'Keefe for permission to open a bed and breakfast in their house located at 54300 Cr.48, Southold. The property is not well situated for a bed and breakfast for several reasons: First, the house abuts Rt. 48 where the traffic is very heavy throughout the year, but especially during the summer months. The additional traffic which will be created by the guests staying at the B&B will create a hazardous traffic condition which will endanger ourselves, our neighbors, and the surrounding areas. There have been several fatal traffic accidents throughout the Town because of poor access on heavily trafficked roads. We would not want our corner to be the scene of such a tragedy because of the Town's approval of this bed and breakfast. Secondly, it was widely reported during the bearings for this new law that property values for properties adjacent and close to a B&B would decrease because of the commercialization of the area. We are firmly convinced that it is an accurate statement that the value of our property will be diminished by the granting of this special exception for a bed and breakfast. Our taxes are already too high and if the value of our property decreases the tar burden will be even greater. Third, the access road over which the guests of the proposed bed and breakfast would have to travel is a private road not owned or maintained by the Town of Southold. In this regard, any increased cost in maintaining this road will be borne by association members who will be reaping no benefits from the additional usage. Additionally, we are quite concerned that should an accident occur on this road for guests of a commercial enterprise all association members will be in jeopardy for potential incrased liability. We may even be required to pay for additional insurance coverage because of the changed nature of the use of the road which will no longer be just for residents. Fourth, the application with accompanying documents does not indicate where adequate parking will be provided Ibr the paying guests of the bed and breakfast. In addition, in the case of inclement weather, particularly snow, road clearance will be required on a rush basis to enable guests to enter or leave the premises. This additional cost will fall on the shoulders of association members because the Town does not have to clear a private road. Fiflh, the applicant has asked for pennission to use three bedrooms, the maximum allowed, for rental to transient customers. I lowever, the house contains conceivably seven bedrooms. It is and will be impossible for the Town to monitor how many rooms are actually being rented and to enforce the three room limitation. For the above reasons, we do not believe that this property is a proper candidate for a bed and breakfast and we strongly urge this Board to deny this application. Very truly yours, Bruch,Barbara 80 Beverly Road,Southold, N.Y.11971 tel. ( 516) 765-5491 December 10, 1994 Zoning Board of Appeals Town of Southold Main Road Southold, New York Re: Application of M/M O'Keefe for a Special Exception to operate a fled and Breakfast Dear Mr. Goehinger and Board Members: I strongly oppose the application of.lames and Elaine O'Keefe for permission to open a bed and breakfast in their house located at 54300 Cr.48, Southold. The property is not well situated for a bed and breakfast for several reasonsi first, the house abuts Rt. 48 where the if is very heavy throughout the year, but especially during the summer months. T'he additional traffic which will be created by the guests staying at the B&B will create a hazardous tragic condition which will endanger ourselves, our neighbors, and the surrounding areas. There have been several fatal traffic accidents throughout the Town because of poor access on heavily trafficked roads. We would not want our corner to be the scene of such a tragedy because of the Town's approval of this bed and breakfast. Secondly, it was widely reported during the hearings for this new law that property values for properties adjacent and close to a B&B would decrease because of the commercialization of the area. We are firmly convinced that it is an accurate statement that the value of our property will be diminished by the granting of this special exception for a bed and breakfast. Our taxes are already too high and if the value of our property decreases the tax burden will be even greater. Third, the access road over which the guests of the proposed bed and breakfast would have to travel is a private road not owned or maintained by the 'Town of Southold. In this regard, any increased cost in maintaining this road will be borne by association members wbo will be reaping no benefits from the additional usage. Additionally, we are quite concerned that should an accident occur on this road for guests of a commercial enterprise all association members will be in jeopardy for potential incrased liability. We may even be required to pay for additional insurance coverage because of the changed nature of the use of the road which will no longer be just for residents. Fourth, the application with accompanying documents does not indicate where adequalc parking will be provided for the paying guests of the bed and breakfast. In addition, in the case of inclement weather, particularly snow, road clearance will be required on a rush basis to enable guests to enter or leave the premises. This additional cost will fall on the shoulders of association members because the Tenon does not have to clear a private road. Finl,, the applicant has asked for pennission to use three bedrooms, the maxinunn allowed, for rental to transient customers. I Iowever, the house contains conceivably seven bedrooms. It is and will be impossible for the Town to monitor how many rooms are actually being rented and to enforce the three room limitation. For the above reasons, we do not believe that this properly is a proper candidate for a bed and breakfast and we strongly urge this Board to deny this application. Very Iruly yours, r� Bruch,Pred Beverly Road,Southold,N.Y.11971 tel. ( 516) 765— December 10, 1994 Zoning Board of Appeals Town of Southold Main Road Southold, New York Ike: Application of M/M O'Keefe for a Special Exception to operate a I3ed and Breakfast Dear Mr. Guchinger and Board Members. I strongly oppose the application of James and Elaine O'Keefe for permission to open a bed and breakfast in their house located at 54300 Cr.48, Southold. The property is not well situated for a bed and breakfast for several reasons: First, the house abuts Rt. 48 where the traffic is very heavy throughout the year, but especially during the summer months, The additional traffic which will be created by the guests slaying at the B&B will create a hazardous traffic condition which will endanger ourselves, our neighbors, and the surrounding areas. There have been several fatal traffic accidents throughout the Town because of poor access on heavily trafficked roads. We would not want our corner to be the scene of such a tragedy because of the Town's approval of this bed and breakfast. Secondly, it was widely reported during the bearings for this new law that property values for properties adjacent and close to a B&B world decrease because of the commercialization of the area. We are firmly convinced that it is an accurate statement that the value of our properly will be diminished by the granting of this special exception fora bed and breakfast_ Our taxes are already too high and if the value of our property decreases the tax burden will be even greater. Third, the access road over which the guests of the proposed bed and breakfast would have to travel is a private road not owned or maintained by Ihe'Town of Southold. In this regard, any increased cost in maintaining this road will be borne by association members who will be reaping no benefits from the additional usage. Additionally, we are quite concerned that should an accident occur on this road for guests of a commercial enterprise all association members will be in jeopardy for potential incrased liability. We may even be required to pay for additional insurance coverage because of the changed nature of the use of the road which will no longer be just for residents. Foul III, the application with accompanying documents does not indicate where adequ Ile parking will be provided Ibr the paying guests of the bed and breakfast. In addition, in the case of inclement weather, particularly snow, road clearance will be required on a rush basis to enable guests to enter or leave the premises. This additional cost will fall on the shoulders of association members because the Town does not have to clear a private road. fiRh, the applicant has asked for permission to use three bedrooms, the maxinuun allowed, for rental to transient customers. I lowever, the house contains conceivably seven bedrooms. It is and will be impossible for the Town to monitor how many rooms are actually being rented and to enforce the three room limitation. For the above reasons, we do not believe that this property is a proper candidate for a bed and breakfast and we strongly urge this Board to deny this application. `'Very truly yyours, C'aiola,Alfred 75 Wild Cherry Way Southold,N.Y.11971 tel. ( 516)765-1359 (718)65�-3638 December 10, 1994 Zoning Board of Appeals Town of Southold Main Road Southold, New York Re: Application of M/M O'Keefe for a Special Exception to operate a Bed and Breakfast Dear Mr. Gochinger and Board Members: strongly oppose the application of James and Elaine O'Keefe for permission to open a bed and breakfast in their house located at 54300 Cr.48, Southold. The properly is not well situated for a bed and breakfast for several reasons: First, the house abuts Rt. 48 where the traffic is very heavy throughout the year, but especially during the Sumner months. The additional traffic which will be created by the guests staying at the B&B will create a hazardous traflc condition which will endanger ourselves, our neighbors, and the surrounding areas. There Nave been several fatal traffic accidents throughout the Town because of poor access on heavily Trafficked roads. We would not want our corner to be the scene of such a tragedy because of the Town's approval of this bed and breakfast. Secondly, it was widely reported during the hearings for this new law That property values for properties adjacent and close to a B&B would decrease because of the commercialization of the area. We are firmly convinced that it is an accurate statement that the value of our property will be diminished by the granting of this special exception for a bed and breakfast. Our taxes are already too high and if the value of our property decreases The tax burden will be even greater. Third, the access road over which the guests of the proposed bed and breakfast would have to travel is a private road not owned or maintained by the Town of Southold. In (his regard, any increased cost in maintaining this road will be borne by association members who will be reaping no benefits from the additional usage. Additionally, we are quite concerned that should an accident occur on this road for guests of a commercial enterprise all association members will be in jeopardy for potential incrased liability. We may even be required to pay for additional insurance coverage because of the changed nature of the use of Ole road which will no longer be just for residents. Fourth, Ilse application with accompanying documents does not indicate where adequate parking will be provided Im the paying guests of the bed and breakfast, In addition, in the case of inclement weather, particularly snow, road clearance will be required on a rush basis to enable guests to enter or leave the premises. This additional cost will fall on the shoulders of association members because the Town does not have to clear a private road. FiRh, the applicant has asked for permission to use three bedrooms, the maximum allowed, for rental to transient customers. I lowever, the house contains conceivably seven bedrooms. It is and will be impossible for the Town to monitor how many rooms are actually being rented and to enforce the three room limitation. For the above reasons, we do not believe that this property is a proper candidate for a bed and breakfast and we strongly urge this Board to deny this application. �{�Very truly yours � �> 00 6 et,� December 10, 1994 Zoning Board of Appeals Town of Southold Main Road Southold, New York Re: Application of M/M O'Keefe for a Special Exception to operate a Bed and Breakfast Dear Mr. Ooehinger and Board Members: I strongly oppose the application of James and Elaine O'Keefe for permission to open a bed and breakfast in their house located at 54300 Cr.48, Southold. The property is not well situated for a bed and breakfast for several reasons: First, the house abuts Rt. 48 where the traffic is very heavy throughout the year, but especially during the summer months. The additional traffic which will be created by the guests staying at the B&B will create a hazardous traffic condition which will endanger ourselves, our neighbors, and the surrounding areas. There have been several fatal traffic accidents throughout the Town because of poor access on heavily trafficked roads. We would not want our corner to be the scene of such a tragedy because of the'rown's approval of this bed and breakfast. Secondly, it was widely reported during the hearings for this new law that property values for properties adjacent and close to a B&B would decrease because of the commercialization of the area. We are firmly convinced that it is an accurate statement that the value of our property will be diminished by the granting of this special exception for a bed and breakfast. Our taxes are already too high and if the value of our property decreases the tax burden will be even greater. Third, the access road over which the guests of the proposed bed and breakfast would have to travel is a private road not owned or maintained by the'rown of Southold. In this regard, any increased cost in maintaining this road will be borne by association members who will be reaping no benefits from the additional usage. Additionally, we are quite concerned that should an accident occur on this road for guests of a commercial enterprise all association members will be in jeopardy for potential incrased liability. We may even be required to pay for additional insurance coverage because of the changed nature of the use of the road which will no longer be just for residents. Fourth, the application with accompanying documents does not indicate where adequate parking will be provided for the paying guests of the bed and breakfast. In addition, in the case of inclement weather, particularly snow, road clearance will be required on a rush basis to enable guests to enter or leave the premises. This additional cost will fall on the shoulders of association members because the Town does not have to clear a private road. Fifth, the applicant has asked for permission to use three bedrooms, the maximum allowed, for rental to transient customers. However, the house contains conceivably seven bedrooms. It is and will be impossible for the Town to monitor how many rooms are actually being rented and to enforce the three room limitation. For the above reasons, we do not believe that this property is a proper candidate for a bed and breakfast and we strongly urge this Board to deny this application. Very truly yours, etAq G- 1A tvvCC S�I�' r'�a a3�ercY (7 50V�� ulo , NI-1, I ( 9)/ Te 1 7 G_A - �-31 (:t ) 53q - 3'43S- 0/Y) December 10, 1994 Zoning Board of Appeals Town of Southold Main Road Southold, New York Re: Application of M/M O'Keefe for a Special Exception to operate a Bed and Breakfast Dear Mr. Goehinger and Board Members: I strongly oppose the application of James and Elaine O'Keefe for permission to open a bed and breakfast in their house located at 54300 Cr.48, Southold. The property is not well situated for a bed and breakfast for several reasons: First, the house abuts Rt. 48 where the traffic is very heavy throughout the year, but especially during the summer months. The additional traffic which will be created by the guests staying at the B&B will create a hazardous traffic condition which will endanger ourselves, our neighbors, and the surrounding areas. There have been several fatal traffic accidents throughout the Town because of poor access on heavily trafficked roads. We would not want our corner to be the scene of such a tragedy because of the Town's approval of this bed and breakfast. Secondly, it was widely reported during the hearings for this new law that property values for properties adjacent and close to T B&B would decrease because of the commercialization of the area. We are firmly convinced that it is an accurate statement that the value of our property will be diminished by the granting of this special exception for a bed and breakfast. Our taxes are already too high and if the value of our property decreases the tax burden will be even greater. Third, the access road over which the guests of the proposed bed and breakfast would have to travel is a private road not owned or maintained by the Town of Southold. In this regard, any increased cost in maintaining this road will be borne by association members who will be reaping no benefits from the additional usage. Additionally, we are quite concerned that should an accident occur on this road for guests of a commercial enterprise all association members will be in jeopardy for potential incrased liability. We may even be required to pay for additional insurance coverage because of the changed nature of the use of the road which will no longer be just for residents. Fourth, the application with accompanying documents does not indicate where adequate parking will be provided for the paying guests of the bed and breakfast. In addition, in the case of inclement weather, particularly snow, road clearance will be required on a rush basis to enable guests to enter or leave the premises. This additional cost will fall on the shoulders of association members because the Town does not have to clear a private road. Fifth, the applicant has asked for permission to use three bedrooms, the maximum allowed, for rental to transient customers. however, the house contains conceivably seven bedrooms. It is and will be impossible for the Town to monitor how many rooms are actually being rented and to enforce the three room limitation. For the above reasons, we do not believe that this property is a proper candidate for a bed and breakfast and we strongly urge this Board to deny this application. Very truly yours, Itf . IJ �o�E�To P�R �NuzZi )qo y ) Div. Alp December 10, 1994 Zoning Board of Appeals Town of Southold Main Road Southold, New York Re: Application of M/M O'Keefe for a Special Exception to operate a Bed and Breakfast Dear Mr. Goehinger and Board Members: I strongly oppose the application of James and Elaine O'Keefe for permission to open a bed and breakfast in their house located at 54300 Cr.48, Southold. The property is not well situated for a bed and breakfast for several reasons: First, the house abuts Rt. 48 where the traffic is very heavy throughout the year, but especially during the summer months The additional traffic which will be created by the guests staying at the B&B will create a hazardous traffic condition which will endanger ourselves, our neighbors, and the surrounding areas. There have been several fatal traffic accidents throughout the Town because of poor access on heavily trafficked roads. We would not want our corner to be the scene of such a tragedy because of the Town's approval of this bed and breakfast. Secondly, it was widely reported during the hearings for this new law that property values for properties adjacent and close to a B&B would decrease because of the commercialization of the area. We are firmly convinced that it is an accurate statement that the value of our property will be diminished by the granting of this special exception for a bed and breakfast. Our taxes are already too high and if the value of our property decreases the tax burden will be even greater. Third, the access road over which the guests of the proposed bed and breakfast would have to travel is a private road not owned or maintained by the Town of Southold. In this regard, any increased cost in maintaining this road will he borne by association members who will be reaping no benefits from the additional usage. Additionally, we are quite concerned that should an accident occur on this road for guests of a commercial enterprise all association members will be in jeopardy for potential incrased liability. We may even be required to pay for additional insurance coverage because of the changed nature of the use of the road which will no longer be just for residents. Fourth, the application with accompanying documents does not indicate where adequate parking will be provided for the paying guests of the bed and breakfast. In addition, in the case of inclement weather, particularly snow, road clearance will be required on a rush basis to enable guests to enter or leave the premises. This additional cost will fall on the shoulders of association members because the Town does not have to clear a private road. Fifth, the applicant has asked for permission to use three bedrooms, the maximum allowed, for rental to transient customers. However, the house contains conceivably seven bedrooms. It is and will be impossible for the Town to monitor how many rooms are actually being rented and to enforce the three room limitation. For the above reasons, we do not believe that this property is a proper candidate for a bed and breakfast and we strongly urge this Board to deny this application. Very truly yours, Papantoniou,P. 55370,8oute 48,Southold 11971 tel. ( 516) 765-2140 December 10, 1994 Zoning Board of Appeals Town of Southold Main Road Southold, New York Re: Application of M/M O'Keefe for a Special Exception to operate a Bed and Breakfast Dear Mr. Goehinger and Board Members: I strongly oppose the application of James and Elaine O'Keefe for permission to open a bed and breakfast in their house located at 54300 CrAg, Southold. The property is not well situated for a bed and breakfast for several reasons: first, the house abuts Rt. 48 where the traffic is very heavy throughout the year, but especially during the summer months. The additional traffic which will be created by the guests staying at the B&B will create a hazardous traffic condition which will endanger ourselves, our neighbors, and the surrounding areas. There have been several fatal traffic accidents throughout the Town because of poor access on heavily itaficked roads. We would not want our corner to be the scene of such a tragedy because of the Town's approval of this bed and breakfast. Secondly, it was widely reported during the hearings for this new law that property values for properties ndjacent and close to a B&B world decrease because of the commercialization of the area. We are firmly convinced that it is an accurate statement that the value of our property will be diminished by the granting of this special exception for a bed and breakfast_ Our taxes are already too high and if the value of our property decreases the lax burden will be even greater. Third, the access road over which the guests of the proposed bed and breakfast would have to travel is a private road not owned or maintained by the Town of Southold. In this regard, any increased cost in maintaining this road will be borne by association members who will be reaping no benefits f om the additional usage. Additionally, we are quite concerned that should an accident occur on this road for guests of a commercial enterprise all association members will be in jeopardy for potential incrased liability. We . : F may even be required to pay for additional insurance coverage because of the changed nature of the use of the road which will no longer be just for residents. Fourth, the application will) accompanying documents does not indicate where adequate parking will be provided Ibr the paying guests of the bed and breakfast. In addition, in the case of inclement weather, particularly snow, road clearance will be required on a rush basis to enable guests to enter or leave the premises. This additional cost will fall on (he shoulders of association members because the Town does not have to clear a private road. Finh, the applicant has asked for permission to use three bedrooms, the maximum allowed, for rental to transient customers. However, the house contains conceivably seven bedrooms. It is and will be impossible for the Town to monitor how many rooms are actually being rented and to enforce the three room limitation. For the above reasons, we do not believe that this property is a proper candidate for a bed and breakfnst and we strongly urge this Board to deny this application. Very truly yours, t� �- -� � � �,� NIUHULAS TZOUMAS 215 Wild cherry Nag Southold,N.N. 11971 tel. ( 516) 765-1910 (71b) 274-740b December 10, 1994 Zoning Board of Appeals Town of Southold Main Road Southold, New York Re: Application of M/M O'Keefe for a Special Exception to operate a Bed and Breakfast Dear Mr. Goehinger and Board Members: I strongly oppose the application of James and Elaine O'Keefe for permission to open a bed and breakfast in their house located at 54300 Cr.48, Southold. The property is not well situated for a bed and breakfast for several reasons: First, the house abuts Rt. 48 where the traffic is very heavy throughout the year, but especially during the summer months. 'The additional traffic which will be created by the guests staying at the B&B will create a hazardous traffic condition which will endanger ourselves, our neighbors, and the surrounding areas. There have been several fatal traffic accidents throughout the Town because of poor access on heavily trafficked roads. We would not want our corner to be the scene of such a tragedy because of the Town's approval of this bed and breakfast. Secondly, it was widely reported during the hearings for this new law that property values for properties adjacent and close to a B&B would decrease because of the commercialization of the area. We are firmly convinced that it is an accurate statement that the value of our property will be diminished by the granting of this special exception for a bed and breakfast. Our taxes are already too high and if the value of our property decreases the tax burden will be even greater. Third, the access road over which the guests of the proposed bed and breakfast would have to travel is a private road not owned or maintained by the Town of Southold. In this regard, any increased cost in maintaining this road will be borne by association members who will be reaping no benefits from the additional usage. Additionally, we are quite concerned that should an accident occur on this road for guests of a commercial enterprise all association members will be in jeopardy for potential incrased liability. We may even be required to pay for additional insurance coverage because of the changed nature of the use of the road which will no longer be just for residents. Fourth, the application with accompanying documents does not indicate where adequate parking will be provided for the paying guests of the bed and breakfast. In addition, in the case of inclement weather, particularly snow, road clearance will be required on a rush basis to enable guests to enter or leave the premises. This additional cost will fall on the shoulders of association members because the Town does not have to clear a private road. Fifth, the applicant has asked for permission to use three bedromms, the maximum allowed, for rental to transient customers. However, the house contains conceivably seven bedrooms. It is and will be impossible for the Town to monitor how many rooms are actually being rented and to enforce the three room limitation. For the above reasons, we do not believe that this property is a proper candidate for a bed and breakfast and we strongly urge this Board to deny this application. Very truly yours, /yam g '\ L Jb6.4;/.0/ ✓may December 10, 1994 Zoning Board of Appeals Town of Southold Main Road Southold, New York Re: Application of M/M O'Keefe for a Special Exception to operate a Red and Breakfast Dear Mr. Goehinger and Board Members I strongly oppose the application of James and Elaine O'Keefe for permission to open a bed and breakfast in their house located at 54300 Cr.48, Southold. The property is not well situated for a bed and breakfast for several reasons: First, the house abuts Rt. 48 where the traffic is very heavy throughout the year, but especially during the summer months 'The additional traffic which will be created by the guests staying at the B&B will create a hazardous traffic condition which will endanger ourselves, our neighbors, and the surrounding areas. There have been several fatal traffic accidents throughout the Town because of poor access on heavily trafficked roads. We would not want our corner to be the scene of such a tragedy because of the Town's approval of this bed and breakfast. Secondly, it was widely reported during the hearings for this new law that property values for properties adjacent and close to a B&B would decrease because of the commercialization of the area. We are firmly convinced that it is an accurate statement that the value of our property will be diminished by the granting of this special exception for a bed and breakfast. Our taxes are already too high and if the value of our property decreases the tax burden will be even greater. Third, the access road over which the guests of the proposed bed and breakfast would have to travel is a private road not owned or maintained by the Town of Southold. In this regard, any increased cost in maintaining this road will be borne by association members who will be reaping no benefits from the additional usage. Additionally, we are quite concerned that should an accident occur on this road for guests of a commercial enterprise all association members will be in jeopardy for potential incrased liability. We may even be required to pay for additional insurance coverage because of the changed nature of the use of the road which will no longer be just for residents. Fourth, the application with accompanying documents does not indicate where adequate parking will be provided for the paying guests of the bed and breakfast. In addition, in the case of inclement weather, particularly snow, road clearance will be required on a rush basis to enable guests to enter or leave the premises. This additional cost will fall on the shoulders of association members because the Town does not have to clear a private road. Fifth, the applicant has asked for permission to use three bedrooms, the maximum allowed, for rental to transient customers. I lowever, the house contains conceivably seven bedrooms. It is and will be impossible for the Town to monitor how many rooms are actually being rented and to enforce the three room limitation. For the above reasons, we do not believe tl t u, roperty is a proper candidate for a bed and breakfast and we strongly urge thi Board t6 deny this application. Very Vuly youyK, -4V • kt / T//N rt?s ,4vU /Z KW C FM D e ie(,9'nI N y, December 10, 1994 Zoning Board of Appeals Town of Southold Main Road Southold, New York Re: Application of M/M O'Keefe for a Special Exception to operate a Bed and Breakfast Dear Mr. Goehinger and Board Members: I strongly oppose the application of James and Elaine O'Keefe for permission to open a bed and breakfast in their house located at 54300 Cr.48, Southold. The property is not well situated for a bed and breakfast for several reasons: First, the house abuts Rt. 48 where the traffic is very heavy throughout the year, but especially during the summer rnonths. The additional traffic which will be created by the guests staying at the B&B will create a hazardous traffic condition which will endanger ourselves, our neighbors, and the surrounding areas. There have been several fatal traffic accidents throughout the Town because of poor access on heavily trafficked roads. We would not want our corner to be the scene of such a tragedy because of the Town's approval of this bed and breakfast. Secondly, it was widely reported during the hearings for this new law that property values for properties adjacent and close to a B&B would decrease because of the commercialization of the area. We are firmly convinced that it is an accurate statement that the value of our property will be diminished by the granting of this special exception for a bed and breakfast. Our taxes are already too high and if the value of our property decreases the lax burden will be even greater. Third, the access road over which the guests of the proposed bed and breakfast would have to travel is a private road not owned or maintained by the Town of Southold. In this regard, any increased cost in maintaining this road will be borne by association members who will be reaping no benefits from the additional usage. Additionally, we are quite concerned that should an accident occur on this road for guests of a commercial enterprise all association members will be in jeopardy for potential incrased liability. We may even be required to pay for additional insurance coverage because of the changed nature of the use of the road which will no longer be just for residents. Fourth, the application with accompanying documents does not indicate where adequate parking will be provided for the paying guests of the bed and breakfast. In addition, in the case of inclement weather, particularly snow, road clearance will be required on a rush basis to enable guests to enter or leave the premises. This additional cost will fall on the shoulders of association members because the'rown does not have to clear a private road. Fifth, the applicant has asked for permission to use three bedrooms, the maximum allowed, for rental to transient customers. I lowever, the house contains conceivably seven bedrooms. It is and will be impossible for the Town to monitor how many rooms are actually being rented and to enforce the three room limitation. For the above reasons, we do not believe that this property is a proper candidate for a bed and breakfast and we strongly urge this Board to deny this application. Very truly yours, December 10, 1994 Zoning Board of Appeals Town of Southold Main Road Southold, New York Re: Application of M/M O'Keefe for a Special Exception to operate a Bed and Breakfast Dear Mr. Goehinger and Board Members' I strongly oppose the application of James and Elaine O'Keefe for permission to open a bed and breakfast in their house located at 54300 Cr.48, Southold. The property is not well situated for a bed and breakfast for several reasons: First, the house abuts Rt. 48 where the traffic is very heavy throughout the year, but especially during the summer months. The additional traffic which will be created by the guests staying at the B&B will create a hazardous traffic condition which will endanger ourselves, our neighbors, and the surrounding areas. There have been several fatal traffic accidents throughout the Town because of poor access on heavily trafficked roads. We would not want our corner to be the scene of such a tragedy because of the Town's approval of this bed and breakfast. Secondly, it was widely reported during the hearings for this new law that property values for properties adjacent and close to a B&B would decrease because of the commercialization of the area. We are firmly convinced that it is an accurate statement that the value of our property will be diminished by the granting of this special exception for a bed and breakfast. Our taxes are already too high and if the value of our property decreases the tax burden will be even greater. Third, the access road over which the guests of the proposed bed and breakfast would have to travel is a private road not owned or maintained by the Town of Southold. In this regard, any increased cost in maintaining this road will be borne by association members who will be reaping no benefits from the additional usage. Additionally, we are quite concerned that should an accident occur on this road for guests of a commercial enterprise all association members will be in jeopardy for potential incrased liability. We may even be required to pay for additional insurance coverage because of the changed nature of the use of the road which will no longer be just for residents. Fourth, the application with accompanying documents does not indicate where adequate parking will be provided for the paying guests of the bed and breakfast. In addition, in the case of inclement weather, particularly snow, road clearance will be required on a rush basis to enable guests to enter or leave the premises. This additional cost will fall on the shoulders of association members because the Town does not have to clear a private road. Fifth, the applicant has asked for permission to use three bedrooms, the maximum allowed, for rental to transient customers, I lowever, the house contains conceivably seven bedrooms. It is and will be impossible for the Town to monitor how many rooms are actually being rented and to enforce the three room limitation. For the above reasons, we do not believe that this property is a proper candidate for a bed and breakfast and we strongly urge this Board to deny this application. Very truly yours, TOWN OF SOUTHOLD ZONING BOARD OF APPEALS Ill the Matter of the Application of JAMES M. AND ELAINE O'KEEFE, For a Special Exception from MEMORANDUM IN OPPOSITION TO Article IIIA,Section 100-30A,Sahsection 20 APPLICATION FOR A SPECIAL EXCEPTION TO PERMIT A BED AND BREAKFAST STATEMENT OF FACTS 'I'hc applicants herein hnve applied to Ibis Board fora Special F..xception to permit a bed and breakfast at their premises located at 54300 County Road 49. Sombold, New York (SC'TM# 1000-52-3-1)under Article 111A, Section 100-30A. Subsection 2(B). The property is/cited R40. Accompanying the application were two certificate's of occupancy for the house and garage with accompam iog housing inspection form. a short environmental assessment form. a completed gmcstionnaire, a suncY several drawings and a coP)of the applicants' dced to the property. The Board will note from the applicants' dced (F.xhibil 1)that the applicants purchased not only the property on which their house is located but also n 25' wide strip lending to Long Island Sound(SCTM#I000-51- 1-5)and a 25' wide strip leading to Arshmnonmque Pond(SCTM#1000-52-2-24)as indicated on the attached Suffolk County Tax Map(F..xhibil 2). The Board will also note from the survey submitted by applicants(Exhibil 3) that the premises fronts on (lie North Road milli access to the driveway and garage provided by a priyatc road(aka Ruch Rd). The drawings of the interior of the house supplied by applicants indicate a Iwo slur) house with seven (7) rooms plus a bath on the first Boor(Exhibit 4)and rice(5) rooms plus a bath on the second floor(Exhibit 5). The applicant is proposing That hvo of the rooms on the first Boor and one on the second floor be used for paying gmcsts. • • a� POINT I -A NEGATIVE DECLARATION UNDER SEQRA SHOULD NOT HAVE BEEN GRANTED AS THE PROJECT WILL HAVE AN ADVERSE IMPACT ON TIIE ENVIRONMENT The applicants' Short Environnncnial Assessment Form answers"no" to all questions(Exhibit 6). flonocr. the applicants' negative responses to qneslions 4. R. 1 I. 12. 17 and I5 arc either misleading or incorrect. The letting of Three rooms to up to six people will certainly produce more noise in the area (#12)con(ran to the negative response. The guests will also certainly produce more traffic in the area(#I I)and the additional use of the septic system can effect gromndaa(cr(#J). The additional parked cars. Irafiic and additional pedestrians will have an effect on the visual character of the community (#R). Many of(he owners of properh in the vicinity of the proposed bed and breakfast are opposed to its creation (#15)as will be shorn in Point IV of(his brief and thus (here is a controncrs) regarding the application. All of the above comments regarding noise and congestion must also be viewed in the context of the additional property on ned by Ihis applicant which gives access to hot Long Island Sound and A shamomogne Pond.' (See Exhibit 1) Any paying gnesis al the proposed bed and breakfast will hate the abilily to traverse both the prin.alc road and the counq road seeking access to the water. These crossing pedestrians n ill create both a traffic hazard.especialh on (he North Road in the summer. and additional noise and disturbance to adjacent property owners. The sarrouuding community will be forced to endure additional transients rightfully traversing property adjacent to their homes. This portion of(he North Road is highly Traveled because of the proximity of the Town Beach and several motels. Additional cars and pedestrians on the road will create a safety hazard(#D) which cannot be ignored under SEQRA. Applicant incorrectly answered question H on the Qncstionnaire(Exhibit 7)submitted to Ihis Board that he was not (he co-owner of land close to the subject parcel. Sec Point III for other discrepancies in the facts submitted to this Board. .2. POINT If- USE OF A PRIVATE ROAD TO ACCESS THE PROPOSED PREMISES IMPOSES POTENTIAL LIABILITY ON PRIVATE HOMEOWNERS AND IS AN ABUSE OF GOVERNMENTAL POWER The road which accesses the applicard-s property is a private road which%cos created n hen the original subdivision nas created sometime in the 1920's. The homem tiers abutting the roadway contribute to an Association (Arshamamock Colonv Residents)which maintains the road-making repairs anti clearing it of snow or ice in the winter. Under New York Law• the owner of a pri%atc roadway nmst maintain the roadway in a reasonably safe condition and exercise reasonable care under the circumstances to the benefit of those utilizing the roadwa), This duly of care requires that the onncr or occnpanl mast lake into consideration the probability that the road nary be used in the dark by someone rigldrully entering the premises. Meters c. Fred Koch Brewer, 229 N.Y. 10: Moretti v. Gulino. 73 N.Y.S. 2d 684. afl-d 297 N.Y. 867: Leahey v. Stale.46 N.Y.S. 2d 310. Although the courts have held that a landowner is under no duty to maintain a prkalc road oral) hazards to pedestrians resulting from its normal. necessary and intended use. in (lie litigious society in which %cc lice. the possibility of a law soil for its settlement %attic is unrortunalcly a realit%. Thus. if this Board grants the subject application, the applicants* pacing guests will of necessit. utilize the private road as ingress and egress to the parking area of the house and could use the private roadw:a% to access Arshamomoquc Pond. While there is no listed oil er for the pri%:ale roadway, the adjacent property ow tiers have undertaken to maintain the road and thus are%ill nerable to potential liability fronn amonc injured on Ihal road"ay. It would tLe an abuse of this Board's powers to grant a special exception to one To%%n resident to the detriment orother Town residents. The neighbors%rho maintain the private road rill be forced to provide sen ices to the applicants guests. There is no record oft lie subdivision in Town Records bill the Assessor's offices resident" historian•• has advised that in the 1920's. subdi%isimns were not documented as(lie%are loday. There is no listed owner of the roadn:av although deeds to abutting properties gig a the grantee rights of ingress and egress. We ask the Board to note from the survey (Exhibit 3)submitted by the applicants, that Ruch Road is a Nery narro%N 25' wide street. A street this narrow would not be permitted under today's zoning law because of potential safety problems. The instant application, if granted, will create additional traffic on a private eery narrow road in the form of transient guests unfamiliar with the area or the roadway. That additional traffic on a road of this width will create a dangerous condition for those living on Ruch Road. In addition, the survey submitted by applicant (Exhibit 3) fails to note that an area for additional parking has been provided at the northwest corner of the property(See Exhibit 3A prepared by counsel)or that this additional parking area is directly across from my clients' driveway. We ask [his Board to draw inferences from the evidence before it and answer the following qucs[ions: I. Why was a parking field created before an approved bed and breakfast exists at the site and why was it not shown on the survey submitted wilh the application? (See Exhibits 3 and 3A) 2. Why did the applicant deny that the property was for sale(See Exhibit 7)when a"for sale"sign existing for more than a Near continued its presence until shortly alter the application was filed and a telephone call to a local broker reveals that the property was suddenly withdrawn from the market without explanation in December? 3. Why did the applicant deny ownership of other land close to the subject parcel?(See Question 1 of Exhibit 9). Is it possible[Ito parking was created to accommodate illegal transient guests in the past? Is it possible the applicants are seeking approval to fulfill a sale contract's requirements? Is it possible the applicants will proceed with sale plans once approval is granted? Will this bed and breakfast really be owner occupied and an incidental use to a primary residence as is required by the code. — POINT ill-THE SUBJECT PREMISES,CAPABLE OF HOUSING MORE THAN THE MAXIMUM ALLOWABLE GUEST BEDROOMS,CANNOT BE ADEOVATELV MONITORED The subject premises is a large house as evidenced by the drawings submitted by the applicant(See Exhibits d and 5). While the applicant has proposed the maximum number of bedrooms permitted under the code for the use of transient paying guests, [he house contains an additional four rooms that can be used for additional guests. Once the special exception is granted by this Board, the Board's ability to monitor compliance is non- a- existent but in (his case the potential for non-compliance is greater than usual. In a smaller home without four additional potential bedrooms the owners Mould he limited by the house itself to compliance P ith the lays three bedroom limit. However. that is not the case kith this house. In exercising its power to giant a special exception this Board must take into consideration all factors including the Toen's ability to enforce its onn laws. The potential for abuse in a large house to rent additional rooms should be a basis of concern (o this Board especially in light of the potential safety hazard presented by this applicants ownership of land leading to L.I. Sound and Arshantotnoquc Pond. the ottnership of%%finch land was denied in applicants' papers. POINT IV-THE VALUE OF ADJACENT PROPERTY WILL OF NECESSITY BE DECREASED BY THE COMMERCIALIZATION OF THIS VERY VISIBLE PROPERTY. The subject application is not for (he usual premises seeking to create a bed and breakfast where the impact on adjacent properties can be minimal or at least minimized by Board action. This applicant owns the means of egress and ingress to both Long Island Sound and Arshamomoque Pond. The two 25' %vide strips leading to the lao bodies of waler are bct%cecn four parcels kith one family houses. In addition. the strip to Arshantontoque Pond can only be accessed by Irm ersiug a private road and the strip leading to Long Island Sound can only be accessed by Irm ersing County Road 27(North Road). Adjoining property owners to the two 25' parcels together wi(fi (hose(fiat must be passed to access(he 25' parcels mill no longer be in the idealic setting of a purely residential neighborhood. They kill be subjected (o continuing transient traffic which kill intrude upon (heir onro properties. fraud when any of(he adjacent properly onncrs put their property on the market for sale. at", prospective buyer will undoubtedly become cognizant of the large bed and breakfast facility kith its transient guests and (heir ability to Inverse land that is rat integral part of Ilse surrounding neighbor. The fur(her commercialization of the area by the addition of a bed and breakfast kill alter forever the value of the land of adjacent property owners. Property masers in both this subdivision and the adjacent subdivision object to the installation of a commercial enterprise in (heir area bringing with it transient guests and increased Traffic congestion. They purchased their homes hoping to enjoy the peace and quiet of Southold Town. Their bargain ttilh the Town when they obey its laws and pay their(axes or otherA%ise contribute to Southold's future is Thal the Town will do nothing Thal imposes a loss upon them. The letters of over 20 neighbors opposed to this application arc submitted to this -5- s . 4, Board tonight and confirm the existence of a public controvers% wilh regard to this application contrary to applicants' statement in the Short Fncironnrental Assessment Form that no such controversy existed. POINT V-SPECIAL EXCEPTIONS ARE A TECHNIQUE EMPLOYED TO CONTROL USES REGARDED AS TROUBLESOME' Special exceptions arc entplo%ed to allow uses in a district onlc if they meet rather specific qualifications. This Board has aulhorit% to grant special exceptions as a delegated pincer front the Torn Board and the Board can exercise its discretion as to aficlher an applicant has met the slandar(Is set forth in the zoning ordinance. This Board's discretion to deny an application is not as great. however. as it is for denial of a yariauce. The applicant does not ha%e to show practical difficulties or hardship. However, a special exception may be denied where the use iyill create a safety hazard(Shell Creek Sailing Club. Inc. v. Board of Zoning Appeals, 1967, 295 N.Y.S. 2d 80) even though no specific safely ordinance is in%otccd(Glaser v. Larken. 1961). 198 N.Y.S. 2d 257;Tarlasky v. Larken. 1958. 177 N.Y.S. 2d 252; Shell Creek Sailing_Cl1rb Inc. v..Board_of Zoning Appeals. supra). In this regard denial on the basis of the cumulath c effect of the proposed addi lion to other uses in the area upon the public safety maybe upheld. Sibek c. Salim (1954). 132 N.Y.S. 2d 596. This Board may den% a special exception on the basis of increased traffic provided such determination is reasonable. Sibck v. Salim. supra. Likewise. this Board may consider a diminution in caluc of property in the surrounding area(4M Club, inc. v_Andrm_s. 1960 2d Dept. 204 N.Y.S. 2d 610: Turner v. Cool. 1957. 168 N.Y.S. 2d 556)and a permit may be denied where the proposed use will depreciate the value of surrounding property. Kro�f c_._Brooks(1962 2d Dept.). 233 N.Y.S. 2d 62; Steil Reall} Cop. y. Plonski (1960 2d Depl.). 204 N.Y.S. 2d 661: Aberdeen Garage Inc. %_Murdock (1939), 15 N.Y.S. 2d 66. afFd 283 N.Y. 650. In this regard, odors, noise, vibration and fumes n hich Ni ill result from the proposed use are considered as depreciating the surrounding property. Chase Manhattan Bank v_._Scarborough(1959 2d Dept.). 190 N.Y.S. 2d 432: Cunningham v. Planning Board& Board of Appeals(1956). 157 N.Y.S. 2d 699, afTd in part and rev'd in part on other grounds(41h Dept), 164 N.Y.S. 2d 61)I. Gordon v. Plonski (1961). 216 N.Y.S. 2d 701 (gasoline station): Black v. Board_of Appeals(1960). 203 N.Y.S. 2d 9(swimming pool): Application of Long Island Lighting Co. (1961). 211 N.Y.S. 2d 576, aff d(2d Dept.)222 N.Y.S. 2d 589 (public ulilil% substitution). -6- As has been stated earlier in this memo. [his applicant owns parcels which give access to the beach. It is reasonable to assume that guests will avail themselves of that amenity and in so doing they must cross a major road and/or a private road creating a public safety hazard and/or potential liability for surrounding homeowners. In addition, ingress and egress to the applicant's home and the parking area is via a 25' wide private road which by toda.v's stmidards is in and of itself a safety hazard. The use of the narrow private road additionally creates the possibility of liability for injury to transient guests on the shoulders of adjacent homeowners. The parking area created earlier is off the narrow 25' road and is directly opposite the driveway of the adjacent homeowner creating an additional safely hazard. The current standard in Southold Town is that a parking area must provide 22' of turn around space for parked cars. This parking area has no such ability and in fact parked cars must back out into the private road blocking it and the driveway to adjacent property. Increased traffic and noise will definitely create a dinumition in property values. POINT VI-THE APPLICANT HAS BEEN LESS THAN CANDID WITH THIS BOARD It ryas mentioned earlier in (his memo that applicant failed to note existing parking on the survey provided. The applicant also advised this Board that the premises are not for sale yet a"for sale" sign remained on the property until after the application was filed and a local broker confirms that it was only recently taken off the market without advice as to why. We hare raised several questions as to the inferences[hat can be drawn from these less than candid submissions. We also noted that applicant failed to correctly respond to the question about ownership of other land in the area and did not rcycal ownership of the two strips leading to the water. However, even more significant. this applicant has failed to advise this Board of a parcel purchased on September 27, 1993 in Chardonnay Woods a pure 9/10's of a mile from the subject parcel. Attached hereto as Exhibit 9 is a copy of a deed dated September 27, 1993 whereby a one acre parcel in Chardonnay Woods was conveyed to the applicants. The applicants have therefore failed to advise of other property they own in the area. Is it possible these applicants plan to build a new ]ionic after they have been granted approval for a bed and breakfast and hayc sold the subject properly to another party'? Or is it possible These applicants will retain this home and move to another thus not fulfilling the mandate of the code for owner occupation? We believe that our conjectures in this memo are founded on substantial evidence especially in light of the applicants less than candid application and supporting documentation. Attached hereto as Exhibit In is a copy of(lie mortgage for the property in Chardo nay Woods. The Board should note it is not a self-amortizing loan but is rather a two year land loan requiring full payment by -7- October I. 1995. The North Fork Bank's land loans for two years, according to a bank officer, are interest only kith building to commence before the note matures at which time it will be combined with the building loan and become a mortgage on the home that is built. This mortgage is substantial evidence that this applicant has no intention of continuing residence in the property seeking to become a bed and breakfast. CONCLUSION The application for a bed and breakfast should be denied on the basis of community opposition, negative environmental impact, potential liability to adjacent homeowners, decreased real estate values coupled with the creation of a public hazard from increased traffic and the very real possibility that (his bed and breakfast will not be owner occupied. Dated: January 4 . 1995 Respectfully submitted. ONGIONI & BORRELLI Attorneys for Mr. &Mrs. George Tsoukalou 403 Front St-PO Box 562 Greenport. NY 11944 516-477-2048 Isoukalo:zbannemo -R- _ IE�EFI II�IiIIE11FIEI IIEII ■EIEIE •� ,._.:. .�... ' q 9DnPs'MO ' 54300 SOUl"g�-119 71-13 60 G •R ' Z,> PO C T. LIP AREA = 48,OSS S.FP,M . W 0 �pN• 1 0. 945 ACAS A m N yT^. O m FEOOFaO .- Pi�Os SCREEN Woo aT�P A PORGN m in .It.6 /O t szoTRY N1 "I _! pig pvNT. S, b• w000 C/tc.T4 NNFN.RO- cv4 44 °4 Fra. Boa.yam, 2 ri aiso. fa a 4 w �O u6g,TpNE a 2 �� UN AUTNORMu A Lttrw,tIONIOR ADDITION TO TNIe wRver e A VIOLATION OF KCTIO.nn C` �� �OfiE gPpL N 20• Al oOPSS OF T"SURVEY MAP NOT WARNS THE LAND WKVEVOIre erEONeO M u SMALL _. � 9 Nor SE coMMOE1WOroSEA VALnTRuecorY. / 4yo WHOHOTHE Umn S PRIALMMO. HO alw iHui TOO 701eLRm ODI r r�Ti'rS,S�o' RIILIEN- RUEASENOT"D A TOA�OOnw,,u R�nm HurlEOlaaSGUA MIYRT wON CERTIFICATIONS TCIATIONS 0� ao COP ` CERTIFIED TOELI>1NE PRYHOGKI JL ESn NK't-4V, O'KEEFE C T LoI.IcWI %t)"a IVfO sh'%A G.1S CITATION 4g'STFZgCT Q 4// GHIG TITLE INS. CC>. AEON FO. tI o.4•f. a c MAP OF LAND LOCATED AT SOUTHO LO 4L`1tiy TOWN OF 'bOU'ri-IOL.O COUNTY OF SUFFOLK Y SURVEYED FOR 4o ELOINE PRYNOGKI � J�MES O' MCEEPE Ji DRAWN er �'�..�(� THE OFFSETS FROM PROPERTY LINES SHOWN I L LU Z. P.C. DATE: -7 •5 'aF0 - HEREON ARE NOT INTENDED TO GUIDE IN THE LICENSED LAND S V ORS T - NAIL O - PIPE ERECTION OF FENCES, RETAINING WAILS, 12$ ROUTE 25 A P AWER H SCALE: I" • 40' POOLS, BUILDING ADDITIONS OR ANY OTHER SU FFOLK COUNTY TAX MAP 11779 - STAKE ■ - MONUMENT CONSTRUCTION OR PLANTING AND SHOULD TEST HOLE,LOCATION OF WATER LINES,WELLS, Z ROCKY POINT, nn QL $ - UTILITY POLE THEREFORE NOT SE USED FOR SUCH PURPOSES. SEPTIC TANKS AND CESSPOOLS NOT CEIITWTED. DIET. SECT. BLK. LOT $16-744-205$ NAP NO: S ' NASSAU SUFFOLK BLUEPRINTING Page 32 - Hearing Trocript Regular Meeting of January 4, 1995 Southold Town Board of Appeals 8:20 P.M. Application No: 4291 - J "M.°AND ELAINE O'KEEFE MR. CHAIRMAN: Request for a Special Exception under Article IIIA, Section 100-30B to establish Bed and Breakfast use as an accessory incidental to the applicant's single family residence and ownership of dwelling located at 54300 C.R. 48, Southold; Parcel No. 1000-52-3-1. Zone District: R-40 Low-Density Residential. I have ten in plans and a copy of the site plan of the area of the house to be used and I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Are Mr. and Mrs. O'Keefe here? JAMES O'KEEFE: Yes. MR. CHAIRMAN: How do you do Sir? How are you? JAMES O'KEEFE: Good evening. I'm James O'Keefe, my wife Elaine. MR. CHAIRMAN: How do you do, ma'am. JAMES O'KEEFE: We have made application for this B&B. We live in a home that's about 100 years old. It's located on Rt. 48, which is a busy commercial-type road. We feel that the expenses of maintaining that old home and the rise of taxes and the interest rates have caused us to be concerned, and to try and make a little income so that we can keep that home in the condition that it is in today. So, we made application to be approved for a B&B and we think it's all criteria and all things set up by the UK Task Page 33 - Hearing Tra iltript • Regular Meeting of January 4, 1995 Southold Town Board of Appeals Force. If you gentlemen will take it under consideration, and we'll be here to answer any questions you might have. MR. CHAIRMAN: Just for the record, Mr. O'Keefe, how many rooms do you anticipate, I know I have it all here but just for the record. JAMES O'KEEFE: Three. MR. CHAIRMAN: Three rooms. OK. I know you've done a more than an upstanding job here and scoping everything for us and in fact it was so good that I didn't even really felt that, feel that I had to go into the house itself, but as you know we've had had a request for the possibility of reserving this hearing over to the next month for someone else to speak so ---- BOARD SECRETARY KOWALSKI: That was withdrawn. MR. CHAIRMAN: That was withdrawn at this point. Alright. So, at this particular point we're going to go with it. BOARD SECRETARY KOWALSKI: We did get a letter late today from Dan Pollock. You might want to read it, Mr. O'Keefe. (Secretary gave Mr. O'Keefe a copy of the letter. ) MR. CHAIRMAN: While you're reading that, let me just, do any of the Board Members have any specific questions of Mr. or Mrs. O'Keefe at this time? I mean we're going to continue with the hearing, but. MEMBER DINIZIO: I mean, I have questions about the ownership of the road while we're having the hearing. MR. CHAIRMAN: Well why don't you ask him the questions while you have him here. Page 34 - Hearing TraTscript • Regular Meeting of January 4, 1995 Southold Town Board of Appeals MEMBER VILLA: You're having three bedrooms. One on the first floor and two on the second floor. MR. O'KEEFE: Did you need this back? CHAIRMAN: No, sir, that's yours. MEMBER VILLA: The designated rooms you have let's say B&B rooms, those are basically sleeping quarters that you're talking about. JAMES O'KEEFE: Yes, Sir. MEMBER VILLA: That is two adjoining on the first floor and then one on the second floor. JAMES O'KEEFE: That's correct. MEMBER VILLA: And I assume they would use some of the other parts, like your living room, dining room or what have you. JAMES O'KEEFE: The living room, traditionally Bed & Breakfast that we'd be able to share our living room and our dining room. CHAIRMAN: You were going to ask a question on the road. MEMBER DINIZIO: Yes. There were a couple of letters that went back and forth. You wrote one, someone wrote one, you wrote in response to an earlier one concerning the ownership of that road. JAMES O'KEEFE: Yes. MEMBER DINIZIO: Is there any significant documentation on that road at all? Anything in your deed, or your neighbors' deeds that indicate that road is a --. JAMES O'KEEFE: I'm sorry, I could not find any. Obviously I'm not an attorney and not versed on looking all these things up but to the extent that I could investigate it, I've found that the road is Page 35 - Hearing Trocript • Regular Meeting of January 4, 1995 Southold Town Board of Appeals to determine to have an unknown owner, and I have discovered that there have been no taxes paid on that road. And the road is, I'm at the very end of that road - I mean the very beginning of that road -so any guests that I would have would not be passing anybody's residence except for the resident right directly opposite me. MEMBER DINIZIO: OK, as far as the association? JAMES O'KEEFE: The association as far as I understand is not a legal entity. It has no bearing, no standing as a legal force. It's a new scoop of people who toss in some money each year to be able to plow the road from time to time. It has no legal grounds, they don't pay any taxes, they pay no insurance on the road, no insurance on any of the rights-of-way which I own, right-of ways. I pay the taxes on it. They're deeded to me and the association I believe is a loose knit group of people who for the sake of emergency vehicles get nothing down the road and the elderly to be able to get out of the road, just that kind of, put money together so it gets plowed. One woman on the block, Mrs. Higgins in the middle of the block, she is designated to make the determination when the road gets plowed. So when she determines it's high enough she is in the middle of the block, she calls someone to plow the road. MEMBER DINIZIO: Do you contribute to that in any fashion? JAMES O'KEEFE: No, we don't contribute to that and the reason why we don't contribute to that is because we pay the taxes on the rights-of-way that the other people that live on Ruch Lane have right-of-way rights to. Page 36 - Hearing Tra3fscript • Regular Meeting of January 4, 1995 Southold Town Board of Appeals MEMBER DINIZIO: With reference to this letter from Mr. Pollock? You know he mentions putting in a different driveway which I would oppose. I don't know how you feel about it but I think there's one lane of traffic coming out in that direction would be more than sufficient without creating another driveway on Route 48. JAMES O'KEEFE: I think just to, just to kind of go along with that, I think if you were to add another driveway on 48 if anything, I, my own personal opinion, you would add to the confusion of people driving as opposed to aiding people in operating their vehicles in the neighborhood. MEMBER DINIZIO: OK, that's all I have. Thank you. MR. CHAIRMAN: Anybody else have any questions of this gentleman? Alright, we'll see what develops throughout the hearing and we'll be back to you for any rebuttal. Is there anybody else would like to speak in favor of this application? Is there anybody would like to speak against the application? I was just going to ask if there was a spokesperson. You got it. CARMELA BORELLI: I'm it. Just for the record; it's Carmela Borelli of Ongioni & Borelli in Greenport and I'm going to give you a copy of a memo and exhibits. BOARD SECRETARY KOWALSKI: Could we just have the names of the persons that you represent please? CARMELA BORELLI: It's on the memorandum. It's Mr. & Mrs. George Tsoukatos who are the adjacent property owners. MR. CHAIRMAN: Is that to the easterly side? CARMELA BORELLI: Just to the other side of the private road. Page 37 - Hearing Tra0cript Regular Meeting of January 4, 1995 Southold Town Board of Appeals MR. CHAIRMAN: Oh, alright. CARMELA BORELLI: OK, which I believe is to the west of the property. I'm not going to a read from the memo because I'm sure you can read that at your leisure, but I would like to go through a synopsis of what's in there. The applicant supplied as part of the application the deed to the property, the survey, drawings of the interior of the house, short Environmental Assessment form and two questionnaires. Those exhibits are also part of the exhibits attached to our papers here, and I've used them in in part of the narrative, so I referred to them, so I've given them to you again and we've added a Suffolk County Tax Map and I have or made some changes on what was the survey that they submitted to show you a parking area that exists and that it is also in the exhibit. The first thing that my client objects to is that this application was given in a negative declaration under SEQRA. We do not believe that it was appropriate. The applicant answered all of the questions on the Environmental Assessment form in the negative, but, we believe that questions 4, 8, 11, 12, 13 and 15 should have been answered in the affirmative as opposed to in the negative. The letting of rooms to six people, we believe, creates more noise in the area. So, we don't believe you can say no to that. That's question 12. The approval of a Bed and Breakfast adds cars to the area and thus adds traffic to the area and that's an affirmative answer to number 11. Additional people at the residence add to the septic system and could potentially add to ground water problems, that's number 4. The visual character of the neighborhood is certainly altered by the Page 38 - Hearing Trtscript • Regular Meeting of January 4, 1995 Southold Town Board of Appeals increase of noise and traffic and people, that's number 8. And we believe there is a public controversy with regard to this particular application, that's number 15, as will be evidenced by some further letters that I'm going to give to you tonight that was just given to me by adjacent property owners in both this colony and in the colony adjacent to it. We think that those effects on the environment have to be reviewed not only in the context of the B&B, but in the context of the two additional strips of land that this applicant owns, that's the 25 foot strips that are, give him access to both Long Island Sound and Arshamomaque Pond. The, they are our exhibit we have, I think it's exhibit 2. I have attached the Suffolk County Map with little arrows that show you where the pieces of land are. That's the right-of-ways that Mr. O'Keefe was speaking about. Anyone who stays at the Bed and Breakfast can go to use that facilities by, going through the right-of-way to go to the beach and that means they have to cross Route 48 and/or they have to walk down that private road. And I will confirm that my investigation of that private road turns exactly what Mr. O'Keefe has said. According to - my brief says the Southold Town's Local Historian in the Tax Assessor's office, that subdivision went into effect in the 1920s. There was -there's no record of what happened to the road. It certainly remained a private road, it never went over to the town. Nobody has paid taxes on it, but the Association does maintain it and the Association are the people who live up and down that road. They contribute money and they get it cleared in the Page 39 - Hearing Tratcript Regular Meeting of January 4, 1995 Southold Town Board of Appeals winter, they get it taken care of and they maintain it, but there is no owner listed on it and nobody has paid taxes on this. MR. CHAIRMAN: Is any portion of that subdivision road,Carmela, assessed? CARMELA BORELLI: Not according to the assessor's office. MR. CHAIRMAN: Alright, thank you. CARMELA BORELLI: They never knew who it belonged to. MR. CHAIRMAN: Alright. CARMELA BORELLI: We believe that the use of that private road potentially imposes liability on the home owners who are maintaining it. The New York Law requires that the owners of a private road maintain the road at a reasonably safe condition and exercise reasonable care under the circumstances to the benefit of those utilizing the roadway. This Association was taking it upon themselves to maintain that road because they have to get in and out. In maintaining it, I mean this is a litigious society. Somebody gets hurt on that road they're not going to care whether you own it or not. If you maintain it and you didn't clean it properly, you're going to be potentially liable for that road. Mr. O'Keefe has said that they don't maintain insurance on that road but as a result of a B&B, they might have to purchase insurance on that road because there are going to be people from both sides of the community who could potentially be going down the road. The street itself - if you'll look at the survey you'll notice is only 25 foot wide. It would not be allowed under today's code because it's too narrow. So therefore you have a narrow road where the two cars Page 40 - Hearing Transcript • Regular Meeting of January 4, 1995 Southold Town Board of Appeals can't pass on, and that roadway is going to be used. Now, in addition to that, Mr. O'Keefe's survey neglects to show you that he has added a parking area on the side of his house. I believe it's Exhibit 3A on ours. I've really taken his survey and just penciled in where that parking area is. Now that parking area is directly adjacent to my client's driveway. The parking area does not give you a 25-foot turnaround space to back out. When you back out of that driveway you back out almost into my clients' driveway but even if you don't back into their driveway, you back onto the road which is a very narrow road. Those photographs -the first photograph is just a picture from about just beyond my client's driveway looking out onto Rt. 48 and on the right-hand side of the photograph that is the edge of the parking area that Mr. & Mrs. O'Keefe have created. Photograph number 2 shows you the parking area, part of the parking area. And photograph number 3, is again that parking area that was created. Now, I took my car and parked it on that road. That's photograph number 4. I have a little Mitzubishi and as you can see, that road is quite narrow since my car practically takes up the entire road. That's in number 4 and number 5. Also, while I was taking the photographs I'm assuming that that young man that came out is Mr. & Mrs. O'Keefe's son. I'm not sure, but he came out of their house and that's a basketball net that they have on that roadway that he was playing basket ball at, which is again, this is where cars could go up and down. I then took my car and parked it in my client's driveway which is that photograph number 8 and I took a picture from behind my car out across it and you can see that Page 41 - Hearing Trocript • Regular Meeting of January 4, 1995 Southold Town Board of Appeals the parking area they created is directly opposite my client's driveway, so that any car that's parked in there for their guests is going to be backing up into a 25 foot road right where my clients' driveway is and I think that is definitely a potential hazard, and I think that it creates a hazard and potential liability for the people who maintain this road. Also, I wonder why the parking area was not shown on the survey because it exists and my understanding is from my clients and other neighbors that it was created shortly after Mr. & Mrs. O'Keefepurchased the property. I also in their questionnaire they advised the Board that they did not own property in the area and yet the deed itself which is our exhibit number 1 of his deed shows you that he owns those two rights-of-way and those two rights-of-way allow people who would be staying at his Bed & Breakfast or their Bed & Breakfast to cross 48 and/or walk down the private road. I would also like you to look at the drawings of the house itself. The house has I believe seven rooms on the first floor and five rooms on the second floor. The maximum allowed use for a B&B is three bedrooms. Mr. & Mrs. O'Keefe have marked those bedrooms that they intend to use for the B&B, but I would like to know how the Town of Southold is ever going to monitor and enforce that only three bedrooms in that house are being used for B&B. It's absolutely impossible. In a house that only has three spare bedrooms then that's all they would use, but in a house that has seven rooms on the first floor and five rooms on the second floor there is absolutely no way that you could monitor that only three bedrooms Page 42 - Hearing Trescript Regular Meeting of January 4, 1995 Southold Town Board of Appeals are being used, and I think that it's just a precursor to abuse in terms of how many rooms will be let in that house, especially in view of the fact that Mr. O'Keefe said that the expense of maintaining this house and his rising taxes was the reason that they decided they needed income to maintain their home which is over 100 years old. Well, if you need income then, certainly renting more than three rooms would be much better for you than three rooms in and of itself. We also believe that adjacent properties will have diminished value because of the commercialization of this property. The property I'm sure is going to have a sign that advertises it as a B&B. There'll be as I said added pedestrian traffic, there'll be added automotive traffic and under the law those are considerations in the diminution of value, and we believe that those things coupled with the potential safety hazard created by the cars and the people will definitively decrease the value of the houses. So many of the neighbors are opposed to it that a letter was signed by 29 people in both this community and the adjacent community opposing the B&B. I'm corrected, 28, not 29. The last point in our brief is that we believe that Mr. & Mrs. O'Keefe have been less than candid with this Board in advising them as to what is really going on. One of the questions on the questionnaire as I said earlier is "do you own any other property in the area?" And the answer to that was in the negative. However, a search of the records shows that in September of 1993 Mr. & Mrs. O'Keefepurchased vacant land in ChardonneyWoods and a further search of the records, Exhibits 9 and 10 in those exhibits shows you Page 43 - Hearing Trocript • Regular Meeting of January 4, 1995 Southold Town Board of Appeals that they took out a mortgage from the North Fork Bank which is a two-year mortgage and North Fork Bank gives you two types of mortgage. One is a two-year mortgage, interest only, and you have to build within the two years and then they convert the building loan and the land loan into a mortgage, and the other is a 5 or 10 self amortizing mortgage. This is a two-year loan which means that they bought land nine-tenths of a mile away and they have to build on it by September of 1995. I think that by not telling you that they own land in the vicinity, we're either dealing with an owner who is going to open a Bed & Breakfast and move out into another house or we're dealing with an owner who's going to sell the Bed & Breakfast and move out to another house and that's another item that one of the questionnaires asked you "if this house is for sale" and Mr. & Mrs. O'Keefe answered in the negative, that the house was not for sale. However, there has been a "For Sale" sign on that house for over a year. It was removed only the week after this application was filed. I called the local real estate broker and asked if that house was for sale and she said "yes." She gave me all of the particulars, $354,000, the number of rooms, everything else and I said "Gee, the for-sale sign is gone" and she said, "Well, I'll check". So she called, I believe, she spoke to Mrs. O'Keefe and was told that the property had been withdrawn from the market. That's a very convenient withdraw from the market if it was withdrawn only when this application was filed. My brother, quite incidentally was looking for a housein November and a broker took him to that house. I mean it was too big and too expensive so he didn't go in Page 44 - Hearing Tralrscript • Regular Meeting of January 4, 1995 Southold Town Board of Appeals and look at it, but it was for sale at that particular time. I only found that out yesterday. We believe that for all of these reasons this is not the usual request for a Special Exception. I'm quite cognizant to the fact that Special Exceptions are different than variances and that one you have a right to and one is an exception from the code but this Board has this Board has the ability to deny this application for any one of the reasons that I've enumerated - in terms of safety, decreased value and the fact that I do not believe that this property will be owner-occupied and if it is, it won't be by this particular applicant because of the things that I have attached. That's my presentation. In addition to which some of the people that are here tonight are all people from that community who oppose to this application and either have signed that or have come to show their opposition by being in attendance here tonight. BOARD SECRETARY KOWALSKI: Would they like to give their names for the record please. CARMELA BORELLI: I think - are they all the people who signed those letters? BOARD SECRETARY KOWALSKI: May I have their names -- MS. BORELLI: They all signed the letters. So you have them in the letters SECRETARY: They are among the 28 names given. Thank you. MR. CHAIRMAN: Just briefly on a couple issues. Number 1, on the issue of the possibility of reviewing how many people would be utilizing this particular dwelling of premises, as you know that Page 45 - Hearing Traocript • Regular Meeting of January 4, 1995 Southold Town Board of Appeals would be out of our hands. We are not an organization whic,h you know, necessarily deals with that, nor do we actually go to a building inspector and tell them or ask them or request them to look at it. Certainly that would have to be, the surveillance would have to be within the community itself. CARMELA BORELLI: I understand that totally. My only point was, is that you have to be aware of that when you're dealing with the application. So that the potential for abuse is enormous. MR. CHAIRMAN: How heavily utilized are the two rights-of-way that these people own? CARMELA BORELLI: I know that several of the homeowners in the association have deeded right-of-way over the pieces of land that Mr. & Mrs. O'Keefe own. That it's in their deeds that they can go to the beach because they use that beach, they use the Sound Beach. I'm not too sure how much the pond is used, but certainly they use the Sound Beach. They all have a right-of-way up and own that road which is Ruch Road. MR. CHAIRMAN: Is the possible0 change of location for parking area for this particular special permit, if it were granted? Is that a possibility that this could be some unanimity where the organization or the groups of people that you represent, actually you only represent the people across the street, but I mean, you kind of brought everybody into fold here, that there may be a possibility. CARMELA BORELLI: My understanding of their dislike of this application is I don't think they would be satisfied by moving the parking area. My understanding in talking to not only my clients Page 46 - Hearing Traacript • Regular Meeting of January 4, 1995 Southold Town Board of Appeals but in other people who are part of that association is that they bought their houses in that area for privacy. They bought them because they were on a private road, because they did have access through a right-of-way to a beach. My clients retired out here and came out here to have peace and quite, and that is destroyed by transient guests coming and going at a Bed & Breakfast. They no longer, I mean if you think about it, in order to go to the beach they have to walk, you know, part of the way down the road, they have to cross 48, they have to walk in front of homeowners on 48, they have to walk between two houses on 78 (sic, 48)that are beach front property. If they go down to sit by the pond they've got to walk down that narrow road past several houses between two houses. If you view that site, you'd see that road there, they're practically on top of one another - those little houses and my understanding of their feelings is that moving the parking is not going to satisfy them. Denying the application is going to satisfy them because they're just losing, I mean, my client has told me that he'd rather sell if he had to live next to a Bed & Breakfast because I mean now he's paying, he showed me his tax bill $9,000 in taxes to the Town of Southold and if this is granted he wants to know what he's getting from the Town of Southold. MR. CHAIRMAN: Thank you. Does anybody have any questions of this attorney? Is there anybody else who would like to speak against this application? Yes, Mr. Flynn, how are you. MR. FLYNN: Good evening. I'm F.M. Flynn, a resident of Southold, and my remarks are about to be more general when I Page 47 - Hearing Tr*cript • Regular Meeting of January 4, 1995 Southold Town Board of Appeals present them because of detailed information on the property. However, I would like to place these remarks on the record. The subject application represents an attempt to introduce a B&B into a residential district as a Special Exception. A Special Exception is deemed appropriate in a particular district when specified conditions are met. Every level of government with the exception of Southold's Town Board recognizes that B&Bseonstitute a commercial use. The IRS, well, first of all, the New York State Department of Equalization and Assessment classifies B&Bsas Category 418 Commercial Use. The IRS treats B&Bsas income-producing commercial properties. New York State's Taxation is based on the Federal Income Form and also imposes a sales tax. In addition, both the IRS and State permit deductions from depreciation. A benefit denied residential property owners. I might add that the Suffolk County imposes sales tax and also an occupancy use tax. There can be no question that B&Bs are commercial properties. Southold Town Board motivated by its own political agenda refuses to recognize this fact. Obviously this is a matter for planning, not politics. Zoning is a legislative function and cannot be delegated. This application if approved would change the use category of a single property within a residential district. Section 261 of Article 16 of Town Law empowers the Town Board to regulate and restrict, among other factors, both "the location and use of buildings, structures and land, or trade, residence and other Page 48 - Hearing Tr*cript • Regular Meeting of January 4, 1995 Southold Town Board of Appeals purposes". No specific differentiation made among trade, industrial and residential properties. Section 262 allows the Town Board to divide the town into districts best suited to carry out the purposes of this act. This section different referring to the code section, the Town Law section, this section differentiates among zoning districts their suitable uses and raises the critical question of whether a use is appropriate or suitable. Section 263 states that such regulation shall be made with reasonable consideration, among other things, "to the character of the district and its particular suitability for particular uses and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the municipality." This application proposes to change a residential use to a commercial use. The New York State enabling act to town zoning to which reference has been made clearly imposes the responsibility for zoning on the Town Board and differentiates as does the Department of Equalization and Assessment between commercial and residential uses. It is is a planning and zoning function to divide the town into districts reserved for these particular uses. The Southold Board for reasons of its own has shirked its responsibility to provide a specific district in which B & Bs, commercial operations, are permitted. By default the Town Board has delegated zoning powers to the ZBA - an improper act. To grant commercial use as a Special Exception means that the ZBA can zone individual, commercial parcels and by extension convert an entire residential district to commercial Page 49 - Hearing Trocript • Regular Meeting of January 4, 1995 Southold Town Board of Appeals use. Obviously this constitutes rezoning and the elimination of a legally constituted residential district. In summary at this point, this application would change a property from residential use to a commercial use, a change which by and definition constitutes a change of zone - a power reserved to the Town Board. Even considered in the context of the matters to be considered by the ZBA in granting Special Exceptions, there is no basis for granting this application. The character of the district would certainly be changed by the introduction of a commercial use, and such use can hardly be considered suitable for the neighborhood. The conservation of surrounding residential values would not be achieved. Public health, safety and welfare must be considered. Reference has been made to traffic on the North Road, and the real question of the increased traffic on RuchRoad, privately owned by others, has not been explored. The subject property is not peculiarly suited for the proposed commercial use if its access is via a residentially-zoned private road owned by others. The ZBA has issued a negative declaration based upon a short form environmental assessment submitted by the applicant. A property's environment is not solely physical in nature. It has residual, social and economic aspects as well. From an economic stand point, it is a well-established principle that the incursion of in home owner uses in this case, commercial, inflicts economic obsolescence on the value of surrounding properties. Economic obsolescence is defined as the diminution of values surrounding Page 50 - Hearing Transcript Regular Meeting of January 4, 1995 Southold Town Board of Appeals properties by such outside influences. It is noted, or it isn't notable, that such obsolescence frequently results from legislative enactment. An aspect of the impact of B&B use which has been largely overlooked is the inequity imposed on the owners of existing tourist accommodations. These owners have substantial investments in commercially zoned properties and are subject to overhead expenses, taxes and regulations to which these B&Bs are not subject. The B&Bs would avoid these expenses and produce an iniquitous situation which would undercut the rates charged by the existing tourist facilities. In effect these B&B would be subsidized by the Town. With respect to the specific application, the B&B is purportedly restricted to three rooms in a building that has six or possibly seven bedrooms. Who is to supervise the intensity of this use? The Town of Southold is notorious for not enforcing any of its code regulations, not even those which are readily visible. How are they apt to monitor enforcement in this instance? The applicant owns three lots in the area, only one is included in the application. Are not the other two capable of providing access to Long Island Sound, ArshmomaquePond respectively? Are these lots to be used by B&B patrons? Who is to regulate their use? Incidentally, as I read the application, RuchRoad is not included in the application as a lot. However, it is pertinent to the utilization of this property. Now, the applicant bases his application on a plea of hardship resulting from increased taxes and Page 51 - Hearing Tra0cript • Regular Meeting of January 4, 1995 Southold Town Board of Appeals maintenance costs. All residents of Southold are subject to these increasing costs. This is hardly a reason to support an application for a B&B as being the question of hardship. Not only would the applicant enjoy a source of income unavailable to his neighbors but he could also deduct maintenance expenses and depreciations, a benefit denied to the other residential property owners. Southold Supervisor (Wickham) responded to a question imposed at a public hearing on the proposed B&B Amendment. The question involved why B &Bs should not be located on major thoroughfares in commercially zoned areas. The Supervisor replied, "This was what the Town proposed, the Town Board proposed to effectuate by confining to structures into Hamlet areas." Granting the subject application and others as Special Exceptions would disburse commercial uses throughout Southold. Now, in conclusion, I am not adamantly opposed to the concept of B & Bs. If, it can be demonstrated that they are needed, and if they are to be properly located and zoned. They should be located in the districts specifically zoned for this use. Located on plots of substantial size, located on major thoroughfares and subject to appropriate levels of taxation. I rarely find myself in agreement with Suffolk Times editorials, nor they with me. However, its edition of August 25, 1994 in its edition, the paper noted that most B&Bs in Nantucket which was an area introduced here because the Town Board was justifying B&Bs. But, to go back. The editorial noted that most B&B in Nantucket are located in commercial areas. The editorial concluded Page 52 - Hearing Tratcript • Regular Meeting of January 4, 1995 Southold Town Board of Appeals with a couple of variations on Nantucket's theme including a grandfather clause and a liberal interpretation of where B &Bscan be sited when they are contiguous to existing commercial zones, we see no reason why B&Bscan't become a vibrant sector of Southold as well. I believe, in closing, that this editorial constitutes at least a partial endorsement of my position. Thank you. MR. CHAIRMAN: Thank you, Mr. Flynn. Yes, certainly, you're welcome to use the mike if you want to, Mr. O'Keefe. I just want to say one thing that the constant back and forth is somewhat counter-productive. Let's just get to the issues and so on and so forth. JAMES O'KEEFE: I don't mean to take up a whole lot of time but its been stated about. Yes, the house was for sale. The house was withdrawn before any applications were made for a B&B. If need be, I can get it. It was an exclusive of Marion King and if need be we can get her to attest to that. The other point I would like to make is that we do own a piece of property that the counselor here says is nine-tenths of a mile. I don't know how far away it is. I thought it was over a mile but I certainly don't consider that in the neighborhood. Secondly, we do have that piece of property up for sale. There's a for sale sign on it and there has been a for-sale sign on it. Secondly, we have a two year mortgage on that thing. It's not required that we build, it's required that in two years we could pay it off and own that property. We bought that property for what we believed would be Page 53 - Hearing Traatcript Regular Meeting of January 4, 1995 Southold Town Board of Appeals speculation that we might be able to increase our monies by buying that property. That's why it was there - which I don't think has any bearing on this particular instance. But, the other thing I just wanted to address also was the rights-of-way. We have no intentions of allowing our Bed & Breakfast customers to use our rights-of-way. First off the people in the neighborhood use it. We don't want to interfere with the people in the neighborhood for that, but also there's the addition of liability. We don't want to take it upon ourselves the liability of the water areas for guests in our community. There is a town beach within walking distance, and certainly they would be welcomed to go there. That would be their business, but not - we would not allow them to use the rights-of-way. And the other thing I wanted to bring to your attention is was in writing before, is there are least four rental properties on Ruch Lane itself. And I just, while I'm on the subject, Ruch Lane residents and not all of them, but RuchLane residents are the only ones who have access to the right-of-way, not the adjoining residents or people that are in surrounding area. It's only Ruch Lane residents with the exception of one other person whom I believe as way back when was granted a right-of-way to it. Nobody else to my knowledge has any rights, has any use to those rights-of-way. The other thing that I just wanted to bring up was the fact that there are least four rental units on Ruch Lane right now of which none of the other residents and I don't think they should have, have any input on who it's rented to, how many cars are there, what time Page 54 - Hearing Tr•cript • Regular Meeting of January 4, 1995 Southold Town Board of Appeals of day or night they come through and not come through, the use of the road and non-use of the road. And if these rental, if these people that do rent, if they fell in the road, then I presume that they would be able to legally sue the whole community if the counselor has any bearing on what she says. And if that's the case, then I don't know that they belong there either. I'm not arguing to those being there. I'm just trying to bring to your attention that there are other people there and if you will, I don't consider it, and I don't consider a B&B a commercial use, but if you want to use that as the determination, I think that the rental properties are also commercial used. MR. CHAIRMAN: Thank you Sir. JAMES O'KEEFE: Just thank you if there's anything you might have. ELAINE O'KEEFE: Just one thing. Relative to the admission of that parking pad that the counselor was referring to. She is absolutely right. We've created it for our own personal use immediately after Hurricane Bob which was when we moved in when a huge 100 year old maple was upturned. Eleven tons to remove this stump. We had to do something with the hole. We use it for our own use. MR. CHAIRMAN: Thank you. JAMES O'KEEFE: And that's been in existence since 1991 and we've never had an objection to it. If anything, George, our neighbor and others have commented about how much it looked, how nice it looked in the area. Page 55 - Hearing Trecript Regular Meeting of January 4, 1995 Southold Town Board of Appeals MR. CHAIRMAN: Thank you. Hearing no further comment, I'll make a motion closing the hearing unless there are any last minute comments. Seeing no hands I'll make a motion closing the hearing. Yes, ma'am? MRS. POLLOCK: I am Mrs. Pollock, the one who wrote the letter. we are not against the B&B but we would like to have another separate entrance between that. MR. CHAIRMAN: Alright, thank you. MEMBER WILTON: I second that. (The hearing ended. ) MR. CHAIRMAN: We're reserving decision until later. I don't know if we will get to it tonight. We thank you all for your courtesy and have a nice evening. 9:20 P.M. Application Nos. 4260, 4261 and 4262 - WILLIAM F. GASSER Application for Variances concerning this property known and referred to as the American Armored Tank Museum, 620 Love Lane and the south side of County Rt. 48, Mattituck, NY; County Tax Map Parcel No. 1000-140-2-16 located in the Hamlet Business Zone District, which requests are noted as follows: Appl. No. 4260 - Request for Variance under Article IX, Section 100-91C(1) based upon the July 12, 1994 Notice of Disapproval issued by the Building Inspector for the placement of accessory tower structure which is required to be located in a rear • COUNTY OF SUFFOLK • SKATE. OI' NFW Y0RK ss: Tim Kelly, being duly sworn, says that he is the Editor, of the TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suf- folk County; and that the notice of which the annexed is a printed copy, has been published in said Traveler-Watchman once each week for ...........................I................... ...................weeks xiccessively, commencing on the....f?:..... day of............... 4':.^'14-:..................I9.2 ... ..... Sworn to lb Tor`re me this........a 3... ...day of ..............I....../�`c<' `C'........................I91r Notary Public BARBARA A.SCHNEIDER NOTAN PUBLIC,State of New York tlo.43=46 NOTICE F PUBLIC HEARINGS 9-11.8:15 p.m.Application \Ql for Variances requested by r NOTICE IS HEREBY 5. 7:50 p.m. Appl. No. WILLIAM F. GASSER con- GIVEN,pursuant to Section 4286-JOEL AND MARGA- ceming his property known and. 267 of the Town Law and the RET LAUBER (COREY referred to as the American Cat the foe Town public hear- (CREEK VINEYARDS). Armored Tanksnk Museum, 640 that the following public hear- (Carryover from December 7, Love Lane and the south side ings will be by the 1994).Request for Special Ex- of County Route 48,Man1tuck, Southold Town Board of Ao- caption toestablish winery Use NY; County Tax Map Parcel peals at the Southold Town for the sale of wine produced No. 1000-140-2-16[mated-in Hall, 53095 Main Road, from grapes grown on the ex- the Hamlet Business Zone Dis- Soudrold,NewYorkl1971,on isting Vineyard where the pro-,. posed Winery is to be located. trict,which requests.ere noted WED E5nAY. JANUARY Location of Property:Consist- as follows. ` y. 1995,commencing at the ing of,a minimum often(10) 9;Appl.No,4260.Request times speciflegl below: acres of land.referred to as for Variance under Article Uf,' 1. ?:30 p.m. AppI. No. 45470 Mein Road, Southold, Section 100.9�C(1)besed upon 42$8.':JACK AND.CHRIS NY; County Tax Mao No. the July 12, 1994 Notice of GISMONDI. is for a 10DO-75.6-9.7 and 9.6. Disapproval issued by the VarieneeanderAPticl, US._ 6. 8:00 p.m. Appl. No. Building Inspector for the non 100-30A(1)for approval of 4293- EDWARD J. placement of accessory tower the location of an accessory MUNSON,Request for a Van- structure which is required to im swimming pool,above ground ante under Article I I IA,Sec- be located in a rear yard with a as built, in a yard area other tion I0030A.3 based upon the setback as.per.,Segtion 100- then the required rear yard,at December 7, 1994 Notice of 33E(2).at five feet,from the premisesknownas56551ndisn Disapproval issued by the propertylme; Neck.Road, Peconic, NY; Building Inspector for pormis- 10.Appl.No.426I-Request County Tax Map Parcel No. sion to construct addition to for Variance under Article 1000-86.6-14. (Setback from dwelling which will have an in- XXIII; Section 100-231A property lines,when located in sufficient sideyard setback at based upon this July 12, 1994 a yard area other than a rear less than the required 15 feet, Notice of Disapproval for the yard,shall be determined by the and total side yards at lessthan height of the fence which ex Board of Appeals.) the required 25 feet.Location cess the required height limi 2.7:35 p.m.Appl.No4289- of Property: 1545 Oaklawn tation; WILLIAM AND'VERA. Avenue, Southold, NY; 11.Appl No:4262-Request SMITH. Request for a Vari- County Tax Map Parcel No. for Variance underArticle IX, ance under Article IIIA,See- 1000-70-3-5. Containing Section 100.93 based upon the tion 100.30A.3 based upon the 10,400 sq.ft.of land area. „July I2,199,4.Nodce,of Disap October 28, 1994 Notice of 7, 8:05,p.m. Appl. No. proval for'ttie'outside storage Disapproval issued by the 4292--JAY. AND,.MARY ordisplaywhich isnotpermit Building Inspector,for permis- THOMSON. Request for a ted in this Hamlot-Business Sion to construct addition to Variance under Article I11A, Zone District. existing building which will Section 100.30A.3 based upon The Board Of Appeals will have an insufficient front yard the November 30,1994 Notice at said time and place hear my setback.Location of Property: of Disapproval issued by the and all persons or representa- 980 Bayvfew Avenue, Building Inspector for permis- tives desiring to be heard in the. Mattituck, NY; County Tax .sion to construct addition to above matters, written com-. Map Parcel No. 1000406-10- existing dwelling which will ments.may also be submitted 17. exceed the maximum lot cov prior to the conclusion of the 3.7:40 p.m.Appl.No 4290- emge limitations.Location of subject hearing,Each hearing WAREX TERMINALS properly:695 Bayshore Road, will not start before the times CORP.Request for a Variance Greenport,NY; County Tax designsted above.Ifyou wish under Article X,Section 100- Map ParcelNo.1000-53.6.14. toreviewanyoftheabovefiles 101C,ref.100-33,for permis- [denpe 8:10 p.m.AppI.No.4291. or would like to request more- sion mlocate-a canopy strut- ES M. AND ELAINE Infomuttlon,please doum heal. into over existing gasolineEFEFRequest foraSpe• tetem call 765-1809 orvisitoar pumps in an area other than theException under Article office., rearyard.Location of Properly: Section 100.30B to estab- Dated:Deeember76,1994 9945 Main Road, Mattituck„ Bed and Breakfast use as BY ORDER OF THE NY;County Tax Map Parcelccessory incidental to the SOUTHOLD TOWN No.1000-142-1-27. icant's single-family rest- 4. 7:45 p.m. Appl. No. e and ownership of dwell- BOARD OF APPEALS 4287- NORTH FORKocated at 54300 C.R.48, GERARDP, BEACH CONDOMINIUMS. GOEHRINGER,CHAIR- 0 thold, N o. County Taz (Carryover from December 7, Parcel No. 1000-52-3-1. - MAN 1994).Request to insmllswim- e District:R-40 Low-Den- BY Linda Kowalski ming pool at 52325 C.R. 48, Residential IX-12a2/94 Southold,NY; 1000-135.1-1- 43. d 4 'i. \v Janac yr tecv rvnn) ) SS: COUNTY OF S,U/F}FOIX ) manquool above pound a Mull.is a produced Into grape,Brown on the Peal No.100051-31.Tame Dsak like to request more information. 1 f yl �(ALICJc of Mattltuck, yard roc oaa dm be regWmd ar:v ,xbdes Vbmyvd Ma d.,,pruPaal x-iaww-Dbdty.AoiamaaL pion ao m b duns o cm 765-few In said County,belag duly sworn,says that he/she Is yard,at I fedsea known as 5655 y= Wbsy b to be bcaed Locuion of ,�r.0.1 i.8:15 P.M.Application or a vititantolfbG Indian No&Road.Peeonie,NTf'Zi%;'Prepay.Cmdlft O(A d vdmm untamed by WILLIAM F. Do,*DecemhrT6,1%4. .Principal Clerk of THE SUFFOIX TIMES, a Weekly Corby Tat Map PrW No,l00 d,&,r"m.(10)iem dked P:ferdpr ¢GA886l coscenies his Property BY ORDER OFTIRSOUTHOLD Newspaper,published at Mattituc k, In the Town of 6-14.(Setback from property lien. 45470 Main Re".Southdld.N.Y.; 'known and refund to as tie Amni® ;- TOWN BOARD OFAPPEe51S wbm bead in a yard am oau Bm Comity Tax Map No.-100075-6-.93 Armoured Trot Munro.640 Love GIRtARD P.OOEHRINOPR Southold, County of Suffolk and State of NEW York, a rear yard.shall bepuermiod by th bd9b. lase and the sm h aide of County .. _ CHAIRMAN and that the Notice of which the annexed Is a �. BoadofAppc*.)' . '. . I I . ..6.8:00 p.m.4ppl.No.4293- .. Raub 48.Madork.N.Y.:County Tax By Linda Kovunti 2.7:40 p.m.Appl.No.4299— EDWARD L MUNSON.Request for Map Panel No.1000-140.2-16lacteal 8185.ITO22 printed copy, has been regularly publ In said WILLIAM and VERA SMITH. Vdaoce mdc,Article JIM Section in lie ilrdn Bu®err Zan Dirmet ^'- Newspaper once each week for weeks F Request fa aVriioce undo Article 100.30A3 bred bJ m dw December ...wwrl,gran,macula k4bwa: mM Section 10030M3 band upao 7.1994 Notice d;Diuppromal sWd (i nt a Na 4260 Article le Request fur. auccessiYely, commyps�ng on the day of I- sw October 29,19%Notice d Dis. by the Building hapeem,for pares- Variance wader Article IX,Section I V IM n. In0 l gU1,,4, approval land by the Builing In- sign to counted t ddition do damning 10091C(1)baud upon the July 12. (�4YG-Y�L l 11 specter,for Parn iuiw to consu act which will he.an Insufficient skin 1994 Notice of Oiamprovd i+md by -ddidn to existing building which yeti,aback a 1W man the mldrd rib Building inspector fun the place. will been an ieMBdmfaoot_vad act- 15 Son,and tom de Junk a ins thin now of memory lower structure i back. Location of Property: 990 the required 25:remt.Location of wNcksacquired 0be lobled is a man CNR,STINA YOLJNsr Servinv Averse MaMtsck,N.Y.; Property 1545 Oakbwn Avenue, ynd win atabadca per Section 100 Notary PBMb,name of paper Italt County Tax Map Postal No. 1000- Southold-N.Y.;County Tex Map 33B(2)a gw gust been the peoptely N0.G0048S4 _Fare allo I0W40-3-5.consulting fine: ..- - OWRfied in Suffolk CGWKV (�/— PrincipalUO 3 7oi0p:aaAppL No 1290 IOAweq Adkdvs. (10)APPL No.4261—Regsm fun Commission Expisan November t WAREX'TERMHJALB:CORP. 7.jMpa,AppLNo.4292—JAY Vaison Nadu Adcb XXlq Section XRequestSod fr a Valance under Article ' -ad MARY THOk®ON.Beqra for 10 4 31ANotice a of Dh an ppm July 12. the - NOTIRMOF , SnttloI bloc a aco 10033,for -a Vvl A3 dednrddm e November bass: Notl a d Dwpich mo for the _ pemWiae blarab atspy sbwasb 100-30Ai hued span the Novm6v keigM d tlb(eece vrYA Bran the '. PUB!IJCEXARU#Gg - aaw.ifgbay tasoBns pumps is an 3a'1994 Node eflJYespprodl bond )MaI hdgM lmianba Notary Public NOTICE IS HEREBY OIVBN rm�tnt basaeovysrd.iaatim by tin Ranges htepecaa fun Pans,- (10AHiLNn.4262—Roprafor ` Panama to sratim 267 d the Tosmy of rry: 9945 Main Aod aim b construct sd®Ibe to existing VaAan Older Article D4 Section Law and the Cods d the Town bf{ -N.Y CoangSu Map s--dweBes which tslX,maed`e aW- -IOD93 bred 4m'aa Les 12.1994 sundials.that the yo0owies pabae"`2 Nat-'fao0i4z•1-TJ .n"-* lalmrtnIE Locsim Notice at Dbmproad a,Ibe abide Sworn tit hesdap will be,held by Ike 4r :45 P.m.7tppT po.-4287 of pmjpjM:69S Raytheon Rod, ' aaesaaarPry whbwbnot parch- 1 aSOV7HOAPPEAT-Sa 6e Sao"Tasseling,� 0NEh olgrigIIl9 RK �Jb ,p m o.IN 0W536CI{ ��� led is this Hotels Zan day of 33095 Main Rod,Somhnld,New - aah(7,1994).Request a,imd1 '8.s 10 p.m. Appl.No.'1291. The Bond of Appeals dS a mid York 11971.ow WEDNESDAY,' sdwba(grdl at 52325 C,R.48, ' :JAMBS M.refGAE0•E@i sae and platy ban mydall Pawn JANUARY 4,1Pp5,oomamdes d soN5m7'SO p.m.A0 pl No'4286— BM,-43., Request eaab M Oe or amaulfen.Wrib dealing in be had the i 7:30ryp o AP 1v Na.4288 JOG,and MARGARET LAUBER Wh BW d Brnkbst too a room- tomb aO+Mo be susaind prior bJACK and CHRIS GIo:4298 .-- -(COREY CREEE VINEYARDS). say Iaidead to t1e appllcmY!ds-' the nmebsbs of the nbim a having. Retptan far a Vviunce ndu Article - (Cvayowa ban Deashv 7,'199q. gbG®1Y naidma d owadup at PrA Yueisj will nml art hefae to UL Sdm 100-30A(1)fun approval. Regsan forSpecbl Exapdaa to enab. dwelling lontd w S13W C.R./8, onan designated above.Ifyou wish in M to la,alan of an aecmorY swig- M agnery Ur fa to dale d aim Southold,N.Y_C...ty Tax Map adewanyd m nbmx film,would BOARD OF APPEALS:TOWN OF SOUTHOLD DEC 2 81994 -----------------------------------x In the Matter of the Application Of JAMES M. AND ELAINE O'KEEFE -----------------------------------x CONFIRMATION OF POSTING I, fl(vie- o E?q residing at 0 o C and, being duly sworn, depose and say: That on the D2-1 day of December, 1994, I personally posted the property known as 54300 C.R. 48 and E/s Private Road, or Ruch Large, Ao S"rutold, NY" by placing the Town's official poster notice on ff P facing the County Road side of the property, and that the poster has remained in place at least seven days prior to the date of the first public hearing. Dated: December s27 , 1994. (signature) NOTARY UBL IC,Sta a of New Yo,* _ No.4895193 Qualified in in ComrtlisoEpes May 26?19?j APPEALS BOARD MEMBERS Southold Town Hall Gerard P. Goehringer, Chairman H T 53095 Main Road Serge Doyen, Jr. WD P.O. Box 1179 James Dinizio, Jr y'f10j �a0! Southold, New York 11971 Robert A. Fax (516) 765-1823 Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD December 22, 1994 Mr and Mrs. James M. O'Keefe 54300 C.R. 48 Southold, NY 11971 Re: App. No. 4291 - Special Exception (B&B) Dear Mr. and Mrs. O'Keefe: Please find enclosed a copy of the Legal Notice published by our office in the Long Island Traveler-Watchman, Inc. and Suffolk Times newspapers, which shows that the hearing is being held on Wednesday, January 4, 1995 at the Southold Town Hall at the time noted therein. Also, you will find enclosed a Poster Notice which must be placed either on a stake and located in the front yard (road side) of the subject property, or placed on the front building or other front yard structure where it can be easily seen by the traveling public from the road. The poster must be conspicuously located at this time since the Board Members are planning to visit your area within the next several days. Please complete the attached Confirmation of Posting, sign, and return it to our office for our update and permanent file. Very truly yours, Linda Kowalski, Clerk Board of Appeals Enclosures BOARD OF APPEALS:TOWN OF SOUTHOLD ----------------------------------- In the Matter of the Application Of JAMES M. AND ELAINE O'KEEFE ----------------------------------- CONFIRMATION OF POSTING residing at and, being duly sworn, depose and say: That on the day of December, 1994, I personally posted the property known as "54300 C.R. 48 and E/s Private Road, or Ruch Lane, Southold, NY" by placing the Town's official poster notice on facing the County Road side of the property, and that the poster has remained in place at least seven days prior to the date of the first public hearing. Dated: December , 1994. (signature) :TOWN OF SOUTHOLD, NEW YORK APPLICATION FOR SPECIAL EXCEPTION Application No. Date Filed: TO THE ZONING BOARDt OF APPEALS, SOUTHOLD, NEW YORK:I (We), of _r430fl &itA) y IUD �0 es1 ence, House No. and Street) SOWALD I ( 97r — Sid - 765 i��a kmamlet, 5LdLe;Zip Woe,- a ep one Number) hereby apply to THE ZONING BOARD OF n APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLE �A , SECTION /0 0- 30 A , SUBSECTION.4-8 ) for the below-described property for the following uses and purposes (and as shown on the attached plan drawn to scale) : Sou oL ( Iq �J � ct ,� b , y �D &, 4kF1n7- USe A. Statement of Ownership and Interest. Q_"F,$ M • `( [lhtAJe Q'VeZF _mare) �e owner(s) of property known and referred to as ,f;-�p kN Kd /{ Sn k to q71 (HouseNu. , treet,'Hamlet) identified on the Su folk County Tax Maps as District luuu, Section Lot(s) which is not (ie-} on a subdivision Map (Filed "Map of �✓/�} Filed Map and has been approved b the Southo d-Town -P annl ng Board on 0/ ' as a [Minor] [Major] Subdivision) . The above-described property was acquired by the owner one�OT—� 9 B. The applicant alleges that the approval of this exception wou di 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: n10-r Qb ye TAL �n i2A �7t�2 sF ] Nely kRoA_ .otV C. The property which is the subject of this application is zoned and [7�] !S consistent with the use(s) described in the Certificate of Occupancy being furnished herewith. L ] is not consistent with the Certificate of Occupancy being furnished herewith for the following reason(s) : [ ] is vacant land. COUNTY OF SUFFOLK) STATE OF NEW YORK) ss. : 77 figg a ure lJ Sworn t before me this30 lay ON ,lr--MA 199e(. k11UVdfy U 1C) —Ff7v'FtC1+MULLEN State of New York ZB2 (rev. 2/6/86) N 48s51s3 Iibed in Suffolk County / cominission Expues May 26,19 41 Page 6 - Legal Notice Southold Town Board of Appeals Public Hearings for January 4, 1995 Mailing List for Legal Notice Hearings for January 4, 1995 Copies of the Legal Notice furnished to the following 12/20/94: Mr. Edward J. Munson, 1545 Oaklawn Avenue, Southold Mr. and Mrs. William F. Gasser, 2383 Fifth Ave, Ronkonkoma 11779 Ongioni & Borelli, 218 Front St. , Greenport 11944 Mr. and Mrs. Jay Thomson, 695 Bayshore Road, Greenport 11944 Mr. and Mrs. James M. O'Keefe, 54300 CR 48, Southold 11971 Mr. and Mrs. William A. Smith, 980 Bayview Ave, Mattituck 11952 Paul Caminiti, Esq. , Main Rd, Southold 11971 (Re: NF Beach Condos) Mr. Louis DeRonde, 16 Victoria Dr, Amityville 11701 (Re: Warex Terminations Corp.) Mr. and Mrs. Jack Gismondi, 5655 Indian Neck lane, Peconic 11958 Mr. and Mrs. Joel Lauber, Box 921, Southold, NY 11971, Re: Corey Creek Vineyards Mr. and Mrs. Joseph Fristachi, 6 Adrienne Court, Farmingdale, NY 11735 (Opp. Re: Lauber) Posted on Town Clerk Bulletin Board on 12/20/94 Copies to Board Member Boxes together with copies of files 12/20 Copy to Town Clerk for distribution to TB on 12/20/94 Copies to official newspaper(s) on 12/19/94 by fax transmission Copy to Building Department on 12/20 APPEALS BOARD MEMBERS G Southold Town Hall Gerard P. Goehringer, Chairman H ,? 53095 Main Road Serge Doyen, Jr. �� P.O. Box 1179 James Dinizio, Jr. y a0� Southold, New York 11971 Robert A. Villa Olt Fax (516) 765-1823 Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Nov . 30 , 1994 SEQRA UNLISTED ACTION DECLARATION Appeal No. 4291 Project Name: James M . & Elaine O ' Keefe County Tax Map No. 1000- 52-3-1 Location of Project: 54300 CR 48 , Southold , NY Relief Requested/Jurisdiction Before This Board in this Project: Request to establish a "Bed and Breakfast" 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 comments by your agency to be submitted with the next 20 days. ( X) this Board has taken jurisdiction as Lead Agency, has deemed this Board of Appeals application to be an Unlisted SEQRA Action, and has declared a Negative Declaration for the following reasons: a. An Environmental Assessment has been submitted and evaluated, and/or b. An inspection of the property has been made, or c. Sufficient information has been furnished in the record to evaluate any Possible adverse affect of this project as filed, and/or d. This application does not directly relate to new construction or on-site improvements. ( ) 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. APPEALS BOARD MEMBERS y� y Southold Town Hall Gerard P. Goehringer, Chairman y at 53095 Main Road Serge Doyen, Jr. �+0 P.O. Box 1179 James Dinizio, Jr. y a0� Southold, New York 11971 Robert A. Villa Alt Fax (516) 765-1823 Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Nov . 30 , 1994 SEQRA UNLISTED ACTION DECLARATION Appeal No. 4291 Project Name: James M . & Elaine O ' Keefe County Tax Map No. 1000- 52-3-1 Location of Project: 54300 CR 48 , Southold , NY Relief Requested/Jurisdiction Before This Board in this Project: Request to establish a "Bed and Breakfast" 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 comments by your agency to be submitted with the next 20 days. { X} this Board has taken jurisdiction as Lead Agency, has deemed this Board of Appeals application to be an Unlisted SEQRA Action, and has declared a Negative Declaration for the following reasons: a. An Environmental Assessment has been submitted and evaluated, and/or b. An inspection of the property has been made, or C. Sufficient information has been furnished in the record to evaluate any possible adverse affect of this project as filed, and/or d. This application does not directly relate to new construction or on-site improvements. { } 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. me ��y�EFOIK�OG� JUDITH T. TERRY ti y Town Hall, 53095 Main Road TOWN CLERK =o �ami+ P.O. Box 1179 N Southold, New York 11971 REGISTRAR OF VITAL STATISTICS Fax (516) 765-1823 MARRIAGE OFFICER �,��1 �a�� Telephone (516) 765-1801 RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Judith T. Terry, Southold Town Clerk DATED: November 30, 1994 RE: Zoning Appeal No. 4291 - James and Elaine O'Keefe Transmitted herewith is Zoning Appeal No. 4291 - JAMES AND ELAINE O'KEEFE for a Special Exceptions. Also included is: Notice to Adjacent Property Owners; Short Environmental Assessment Form; ZBA Questionnaire; Pre Existing Certificate of Occupancy, dated September 7, 1990 with House Inspection Report attached; Certificate of Occupancy, dated August 21, 1971; Certificate of Occupancy, dated September 7, 1990; copy of deed;; survey; and plans. Judith T. Terry Southold Town Clerk � � •a N �`Q i pLON.FO Za` ate. 3 o.s.s. R' 1 9 Pv r. ARLq = 42T055 S.F. w O. 9(e 5 ACA6 A On Jl 1 4< it00CEC0 m SCREEN W000 lTooP I ,p pootc-" co !".. 9'+l.O• a I? -t p N i10 n HpJSE,•LZ ', b- W000 DG,CK EM 1p yt Od 20.2 1L-; . � . v.A .;� ��u� A sTEnArI�oN�AoortroN To iNe aunvev e A vlawTnN of accnoN me i r-7 n ` • RW ~� C_ y.' r BwMsuEReoro M<A VAUD THE uxo aumErare msossED eFAI eNALL °-`•� -�'-,, ' 9 •� S�O•_ -~ o"wNor rNew�mc�rm PREP eo.u�ooN�i++nRiuvTo RmiiLcaii�'+v - , -:.x N Fs oR CEIRIFCATpNB ' �' 3 O �• 0�� s'; k . ,'w�E�mAn�eeeRroAooR�u"wTnutor�oRwrcarzNrowxclm.-. CERTIFIED`TOE1AIV41 - JAr-1ES O'KEEFE TF25Ac:r Sl Q o4 vo:J � TU��f �� _ � Ft atvs $. n' �, A ;OF SAND LOOTED AT a' 'i * �r- a. .� �7` c n •" ' :„c" yak 'lr :.x 1"' it �- �t�yV_ A v .,��rd i.•� '* � �* g.�i.y> - --._ �exxy - _ � , .gig, �TOWPk. F Shc1TN0�0 _ COUNTY OF SUFFOIK SURVEYED FOR' aS� p 3 a `i �N1ES . 0'KEEF..E ELD"►NEyP ~. RY.HOGK1 � J y tv= .,. ' ' .. =_c r 5.+ ew .� ,^: s.+'r.t ,� Y *,• 'ass+N -r _ -. <•: ,J wv AWN SY. �A` '. `- --THE OFFSETS FROW PROPERTY-LMES SHOWNATE: '�: 0 ' '�-# _ ,: HEREON ARE NOT INTER ED.TI GUIDE IN THE ' F . t Ltfy Z P.C.PC5. �T NAIC 0 ,{PIPE k.'.EPOOISpBULLOk1Q AOgTpNB AINK/O .WALLS. - �* '' _ " LICENSED LANDS V ORS SCALE: _ �< sDANT orHER - x. - SUFFOLK COUNTY TAX MAP__i ,� �- _._ ,:.. _ ; , -: ` - 125 HOUTE.25 A P AWER H - STAKE ., \ MONUMENT'CONSTRUCTION OR`+PU1R71NG,#'AND SHOULD. TEST HOLE,LOCATION OF WATER LINES.WELLS, , 52, ¢ROCKY POINT, .11778 .. p� THEREFORE NOT REUSED FOR SUCHPURPOSES SEPTIC TANKS AND CESSPOOLS NOT CERTIFIED. - - "- - '?+"r 516-744-2055 - MAP No:'--' I S9Z, a UTILITY P6L . __ - ,. :.. xa-:.-a.--1-_... DIST. SECT. BLK. =1:0T " BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of ZiNng� Al . -6 FLk)"ic NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: �+ �y K qr~+p V,dr. IN[LE V-q-Le-hJpe.p-!/t-� PROPERTY OWNER 330 -3 4 8T 4v"- Or Q1ACtus vIUA-ye Al y t l yz7 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the ' e undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance (Special Excepuon pecial Permit) (Other) [circle choice] 1. 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: S'lf 0D COu�T%=4gt- Solt Lt.eLn 3. That ,t�he property which is the subject of such Petition is located in the following zoning district: I'-P-S I9r u-1TA-e- 4 That by such Petition, the undersigned will request the following relief: ---� -1--LleLp�°se w-14 Y g e A-f 14 `r lge�L" M-0 �iten j3 y- �2 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article Section [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 7�5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to [he date of such hearing in the Suffolk Times and in the Long Island Traveler•Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: Petitioner A""-e-- 07T67;,E 0wners ' Names : ZfwtE,9 Post Office Address / :�tI.300 t?o.ryrJTC7 /ccY Setir�.e p r LY ! Tel . No . ( C/6 ) 0 [Copy of sketch or plan showing proposal to be attached for convenience purposes . ] PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS GQorLge.ISoyK9ioc� 60 /2ucl� LAA,e- So4-1fr)o A)Y tif7 / �y l� r Vi 29 rN� (�igLe,��e�z l,F.✓ 33o 3 q BP ewe QueG—S did-47t Al y //4l2 ) STeveri C1oY-1 io g ( 9 h�tLL7�o� p&. At tvlLLf i/)y /t 7-'f 7 glZ/ , VALeg7'rNe gULL 3 Fr"y &r. 441vole f{ o2r A/T 4e ;'34 STATE OF NEW YORK ) ss.• COUNTY OFSUFFOLK ) ec41i e- residingat ,h0oo tQf4-9 SO C being duly sworn, deposes and says that on the Z�_ day r,f> n IF t t . 19 deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the a ove•named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the curr5itt assessmgnt roll of the Town of Southold; that said Notices were mailed at the United States Post Of- Ice a SD�TtfUL that said Notices were mailed to each of said persons by certified registered) mail. Sworn to tlefore me this day of IV0dC-M 1fly- , 19 f 4 Notary Public EDYTHE V. MULLEN NOTARY PUBLIC,State of New Yo^k No.4895193 Qualified in Suffolk County Commission Expires May 26, 19 (1 S (This side does not have to be completed on form transmitted to adjoining property owners . ) 14164(2187)—Text 12 ' PROJECT I.D.NUMBER 617.21 SEOR Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART 1—PROJECT INFORMATION (To be completed by Applicant or Project sponsor) ' 1. APPLICANTISPONSOR r 9_�'NQ t � 2. PROJECT C{NAME 7. PROJECT LOCATION(�'' L. 7 �` `Ur Municipality J (too Cupnly S'U i_ 4. a. PRECISE LOCATION iStrest address and road Intersections,prominent IandmarW,etc.W provide mapl STf3 CoL TY k1� -4a? f SO-Iit�6Lb Ny 1) y � l 5. IS PROPOSED ACTION: �* _Cl —e New ❑Expansion ❑Modlficationlaa cG eratlon J 2 L/� � T0� f"LI� „.Jb BLtr � fi. DESCRIBE PROJECT BRIEFLY: + Scr 411pe. r'XIST'/A/9 Q•pOrnS' FDA- USt_ f��� �q Lb ADD c e�iLT I 7. AMOUNT OF LAN EEO: Initially acres Ultimately acres 8. WILL wl IIyLyL���PROPOSED A ION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ges ❑No It No.describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? MAdentlal ❑Industrial ❑Commercial ❑Agriculture ❑Parkin estiopen space ❑Omer D esiescribe: to. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING.NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL. STATE Wes LOCAQ? yrs.Yes ❑No It yes,list agency(s)and permittapprovals �Gi� FGx.0�TCO ti�� T�2L�r1 20Nt �3p�0 aft—. ��ts o� �'ti✓ 6 F"':S'f el o ' 11. DOES ANY ASPECT OF THE ACTON HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ❑Yea ;k-- If ye:,list agency name and permttlapproval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMITIAPPROVAL REQUIRE MODIFICATION? ❑Yes o 1 CERTTIIFYt THAT THE �INFORMATION �PROVIDED ABOVE IS TREE TO THE BEST OF MY KNOWLEDGE Applicanpsponsor name: �r �1/J�J A r Date:Signature: l., If the 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 environmental review will ue n•.ade Ly this ooard before any action is taken. SHORT ENVIMNMENTAL ASSESSMENT fOM 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 other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is 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 : �&O 2. Will there be a major change to any unique or unusual land form on the site? _Yes _y__No 3. Will project alter or have a large effect on an existing body of water? _Yes No 4. Will project have a potentially large impact on groundwater quality? _Yes �No S. Will project significantly effect drainage flow on adjacent sites? _Yes X No 6. Will project affect any threatened or endangered -- plant or animal species? _Yes ')(No 7. Will project result in a major adverse effect on air 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 _)LJNo 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical environmental area by a local agency? Yes _y_1No 10. Will project have a major 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- v ance as a result of the project's operation? _Yes No 13. Will project have any 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 ^No period or have a major negative effect on the character of the community or neighborhood? .- 15. Is there public controversy concerning the project? - - _ //1J�� _Yes n No - Preparer's Sig' re: /U �/�"qlr Representing: y �'(' (J) Date: v '28A 4/75 G 0' APPEALS BOARD MEMBERS ;; ��� '� SCOTT L.HARRIS i . P < Supervisor Gerard P.Goehringer, Chairman Serge Doyen,Jr. p t Town Hall, 53095 Main Road James Dinizio,Jr. P.O.Box 1179 Robert A.Villa L'� 's Southold, New York 11971 Richard C.Wilton �' Y Fax (516)765-1823 Telephone (516)765-1809 BOARD OF APPEALSTelephone(516)765-1800 TOWN OF SOUTHOLD 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: .TPrn7iFS Al. -6 E144ltie D ' Fi ow�ve�LS — occu�hn.Ts Name of the Applicant(s) and his/her Residence: S E. 01• 6 5LAk jC_ 01gF S-?130 v eoav9-y H-1-Kt Lt /J Y l 19 )I Names of Current Residents/Occupants of the Subject Premises: S�-+yle Current Occupants are: (please check one or more boxes) { } Tenants with Written Lease { } Tenants without Written Lease {x} 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 real estate market for sale or being shown to prospective buyers? { } Yes { } No. p v horized Signat a and a eI 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 sheep 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 {)o No D. 1. Are there any areas which contain wetland grasses? A10 2. Are the wetland areas shown on the map submitted with this application? I/p 3. Is the property bulkheaded between the wetlands area and the upland building area? AM 4. If your property contains wetlands or pond areas, have you contacted the Office of the 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 pXe not shown on the survey map that you are submitting? If none exist, please state "none." G. Do you have anyconstruct}'on taking place at this time concerning your premises? A10 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 qr any co-owner also own other land close to this parcel? AJO If yes, please explain where or submit copies of deeds. I. Please list present use or operations conducted at this parcel Rees I AP^h7.4-L NSP and proposed use /3e D MUD -/ 2 7horized Sign ure and a 187, , 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]: Lh A?r TIDAL WETLANDS: v (1) All lands generally covered or intermittently cov- ered with,or which border on,tidal waters,or lands lying beneath tidal waters, which at mean low tide are covered by tidal waters to a maximum depth of five (5) feet, including but not limited to banks, bogs, salt marsh, swamps, meadows, flats or other low lying lands subject to tidal action; (2) All banks, bogs, meadows, flats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following: salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, groundsel, marshmallow and low march cordgrass;and/or. (8) All land immediately adjacent to a tidal wetland as defined in Subsection AM and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. B. A`TRESHWATER WETLANDS: " (1) "Freshwater wetlands"as defined in Article 24,Ti- tle 1, § 24-0107, Subdivisions 1(a) to 1(d) inclusive, of the Environmental Conservation Law of the State of New York;and (2) All land immediately adjacent to a"freshwater wet- land,"as defined in Subsection B(1)and lying with- in seventy-five(75) feet landward of the most land- ward edge of a"freshwater wetland." 9705 i 2.25-85 FORM NO. 4 / TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. PRE EXISTING CERTIFICATE OF OCCUPANCY No Z-19343 Date SEPTEMBER 7, 1990 THIS CERTIFIES that the building ONE FAMILY DWELLING Location of Property 54300 ROUTE 48 & 75 R_UCH LANE SOUTHOLD N.Y. House No. Street Hamlet County Tax Map No. 1000 Section 52 Block 3 Lot 1 Subdivision Filed Map No. Lot No. conforms substantially to the requirements for a Private One Family dwelling built prior to: APRIL 9, 1957 pursuant to which CERTIFICATE OF OCC. Z-19343 dated SEPTEMBER 7, 1990 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 ONE FAMILY DWELLING WITH ACCESSORY 3 CAR GARAGE The certificate is issued to ELEANOR RUCH (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL NO RECORD PRE-EXISTING UNDERWRITERS CERTIFICATE NO. NO RECORD pRE-EXISTING PLUMBERS CERTIFICATION DATED NO RECORD PRE-EXISTING *PLEASE SEE ATTACHED INSPECTION REPORT. B ilding Inspector Rev. 1/81 V . A BUILDIi•IG DEPART•IENT T041\1 OF SOUTHOLD, N. Y. HOUSING CODE INSPECTION REPORT Location 54300 ROUTE 48 , 75 RUCH LANE SOUTHOLD, NEW YORK knumoer & street municipaiity) Subdivision Map No . Lot(s) Name of Owner(s) ELEANOR RUCH (MRS . VALENTINE RUCH IV). Occupancy A- 1 OWNER (type) owner-tenant Admitted by: MRS . RUCH Accompanied by: SAME Key available Suffolk Co. Tax No. 52-3- 1 Source of request ELEANOR L. RUCH Date JUNE 18, 1990 MFELLING: Type of construction WOOD FRAME #stories 2 Foundation BRICK Cellar PARTIAL Crawl space Total rooms, 1st. F1 6 2nd. F1 4 3rd. F1 - - Bathroom(s) 2 FULL BATHS Toilet room(s) - - Porch, type RCH5GREENILD Deck, type WOOD REAR DECK Patio, type - - Breezeway - - Garage - - Utility room - - Type Heat LILCO GAS Warm Air xx Hotwater Fireplace(s) 1-LIVING ROOWo. E:cits 5 Airconditioning - - Domestic hotwater LILCO GAS Type heater 1HEEM Other DARK ROOM IN CELLAR, REAR ENTRY WAY ACCESSORY STRUCTURES: Garage, type const. 3 CAR WOOD FRAME torage, type const. Swimming pool Guest, type const. Other VIOLATIONS: CHAPTER 45—N.Y. STATE UNIFORM FIRE PREVENTION 6 BUILDING CODE Location Descrii)tion Art. 1 Sec. Remarks: B.P. #12365- Co #Z-19342 (addition) BP 16091 CO #Z-5396 (Accessory) Inspected by: �� Date of Insp. Aug. 30, 1990 J. Fish Time start 10:30 end 10:55 • • FORM NO. 4 • TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No Z-19342 Date SEPTEMBER 7, 1990 THIS CERTIFIES that the building ADDITION Location of Property 54300 ROUTE 48 & 75 RUCH LANE SOUTHOLD, N.Y. House No. Street Hamlet County Tax Map No. 1000 Section 52 Block 3 Lot 1 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated MAY 5, 1983 pursuant to which Building Permit No. 12365-Z dated JUNE 6, 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 WOOD DECK ADDITION TO EXISTING ONE FAMILY DWELLING The certificate is issued to ELEANOR RUCH (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. N/A PLUMBERS CERTIFICATION DATED N/A Bui ding Inspector Rev. 1/81 • FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Clerk's Office Southold, N. Y. Certificate Of Occupancy No. . . . Date . . . . . . . . . . . .August. 24 . . ., 1973. . THIS CERTIFIES that the building located at . North. Road- &-Ruch. Lane Street Map No. . . . M . . . . . . Block No. . . . . . . .Lot No. XXX . . Southold . Rt. !. . . . . . . . . . conforms substantially to the Application for Building Permit heretofore filed in this office dated . . . . . . . .Sept, . 1.j. . . . .. 19.72. pursuant to which Building Permit No. 6091;, dated . . . . . . . . Sept. . 1.j. . . . . .. 19.72., was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is issued is . .Private. .acce.asory. .bv4lding . (garag..e- .&. greenho-use). . . . . . . . . . . . . The certificate is issued to . . .Valentine .ltuch .IV. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . UNDERWRITERS CERTIFICATE No. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . HOUSE NUMBER . . . . . . 7.5 • . . . . Street Ruch .Lane .&. 5.4.1,300 .CR. 27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ARthold, . . . . . . . . . . . . . . . . . . . . . . . . . Building Inspector r oW • rw. .. .r..............•..r mm.w, o.rysm auu a.m....o.v. .a..�w.e�......y^gym u�.�um...w•:��.�...�� . �. � .,.-....... „90fVSULT YOUR LAWYER SEF06SIGNING THIS INSTRUMENT—THIS INSTRUMEWOULD BE USED BY LAWYERS ONLY. 1 THIS INDENTURE, made thZ day of September nineteen hundred and ninety BETWEEN ELEANOR L. RUCH, residing at 54300 North Road, Southold, New York 11971 I a �8 M� b Q party of the first part, and W o JAMES M. O'KEEFE and ELAINE PRYHOCKI, residing at 82 Ruland Road, Selden, New York 1178, and 5 Heritage Lane, Miller Place, New York 11764, respectively, party of the second part, WITNESSETH, that the party of the first part, in consideration of TEN and 00/100------------^----------------------------------- dollars, PARCEL I lawful money of the United States, and other lawful consideration paid DISTRICT 1000 by the party of the second part, does hereby grant and release unto the party of the second part, the heirs, or successors and assigns for the party of the second part forever, SECTION 52.00 PARCEL I 3LOCK ALL that certain plot, piece or parcel of land,with the buildings and improvements thereon erected, situate, lying )3.00 and being in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: )01.000 BEGINNING at the corner formed by the intersection of the southerly side of PARCEL I Middle Road (C.R. 27) and the northeasterly side of Ruch Road (Private Road); )ISTRICI RUNNING THENCE along the southerly side of Middle Road (C.R. 27) along an arc of a curve bearing to the right having a radius of 1877.00 feet and a length of 1-000 241.46 feet to a monument foundation; 3ECPION RUNNING THENCE South 13 degrees, 481 , 40" East 148.29 feet to a monument 52.00 foundation; MOCK RUNNING THENCE South 47 degrees, 381 , 00" East 46.60 feet to a monument )1.00 foundation; LOT RUNNING THENCE South 42 de grees, 181 , 30" West 150.47 feet to a monument 005.000 foundation on the northeasterly side of Ruch Road (Private Road) ; PARCEL I I RUNNING THENCE along the northeasterly side of Ruch Road (Private Road) the DISTRICT following two courses and distances: L000 1) North 47 degrees, 411 , 30" West 156.47 feet; 2) North 41 degrees, 591 , 30" West 107.00 feet to the point or place of SECTION BEGINNING. )52.00 3LOCK PARCEL II )2.00 All of the right, title and interest of the party of the first part, if any, in and to a private road 25 feet in width leading from North Road to the .0T waters of Long Island Sound, together with the right of ingress and egress in )24.000 eamlon with others over said road, as more particularly described and designated on the Suffolk County Land and Tax Map as District 1000, Section 52.00, Block 01.00 and Lot 005.000, said private road being in the Town of Southold, County of Suffolk and State of New York. PARCEL III All of the right, title and interest of the party of the first part, if any, in and to a private road 20 feet in width leading from a private road to the waters of Arshamorroque Pond, together with the right of ingress and egress in cannon with others over said road, as more particularly described and designated on the Suffolk County Land and Tax Map as District 1000, Section 52.00, Block 02.00 and Lot 024.000; said private road being in the Town of Southold, County of Suffolk and State of New York. Zbgether with the right to the use of a right of way, in carrion with others, over the aforesaid private roads for ingress and egress to and from the premises above described and to and from North Road and to and from Arshamamque Pond. l TOGETHER with all rights, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party ofthefirst part in avid to said premises. TO HAVE AND TO HOLD the premises herein granted unto the party of the second part,the heirs of successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the fi rst part has not done or suffered anything whereby the said premises have been incumbered in any way whatever, except as aforesaid. AND the party of the fi rst part,in compliance with Section 13 of the Lien Law,covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year first above written. IN FESENCE OF: , r i Eleanor L. Ruch l/ J 1(E OF NEW YORK, COUNTY OF ss: STATE OF NEW YORK, COUNTY OF as: On the O'� O day of September 19 9o, before me On the day of 19 before me .personally came ELEANOR L. RUCH personally came to me known to be the individual described in and who to me known to be the individual described in and who executed the foregoing Instrument, and acknowledged executed the foregoing instrument, and acknowledged that she executed the same. that executed the same. PAUL Notary Public,St, . Public Nn,a..3 i' Qualifit;d NaSM Count Commission Ezpues Nc \ v� STATE OF NEW YORK, COUNTY OF as: STATE OF NEW YORK, COUNTY OF as: On the day of 19 before me On the day of 19 before me personally came personally came to me known,who, being by me duly sworn, did depose end the subscribing witness to the foregoing instrument, with say that he resides at No. whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. that he is the ; that he knows of to be the individual the corporation described described in and who executed the foregoing instrument; in and which executed the foregoing instrument; that he that he, said subscribing witness, was present and saw knows the seal of said corporation;that the seal affixed to said instrument is such corporate seal; that it was so affixed by execute the same; and that he, said witness, order of the board of directors of said corporation, and at the same time subscribed h name as witness thereto. that he signed h name thereto by like order. Bargain anb i5ttle 13PPb SECTION 52.00 Covenant Against Grantor's Acts With BLOCK 03.00 01.00 02.00 LOT 001.000 05.000 024.000 Title No. COUNTY OR TOWN County of Suffolk Tom of Southold Eleanor L. Ruch Recorded at Request of Title USA Insurance TO Corporation of New York James M. O'Keefe and RETURN BY MAIL TO Elaine Pryhocki Standard Form of New York Board of Title Underwriters Distributed by Title USA Insurance Zip No. Corporation of New York W 2 U O LL LL O W QZ Z W b 0 W W W O WW N fL � r , ....,.. ...--- _..COfTSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT CHOULD BE USED BY LAWYERS ONLY. , THIS INDENTURE, made the nineteen hundred and day of September ninety BETWEEN ELEANOR L. RUCH, residing at 54300 North Road, Southold, New York 11971 goy 0 party of the first part!and T JAMES M. O'KEEFE and ELAINE PRYHOCKI, residing at 82 Ruland Road, Selden, New York 11T and 5 Heritage Lane, Miller Place, New York 11764, respectively, T , party of the second part, WITNESSETH, that the party of the first part, in consideration of TEN and 00/100---------------------------------------------------------- dollars, PARCEL I DISTRICI lawful money of the United States, and Other lawful Consideration paid 1.000 by the party of the second part, does hereby grant and release unto the party of the second'part, the heirs, or 3ECIION successors and assigns for the party of the second part forever, 52.00 PARCEL I 3LOCK ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying )3.00 and being in the Town of Southold, County of Suffolk and State of New York, bounded -ar and described as follows: )01.000 BEGINNING at the corner formed by the intersection of the southerly—side of 'ARCEL II Middle Road (C.R. 27) and the northeasterly side of Ruch Road (Private Road) ; )ISTRICI' RUNNING THENCE along the southerly side of Middle Road (C.R. 27) along an arc of a curve bearing to the right having a radius of 1877.00 feet and a length of -000 241.46 feet to a monurttent foundation; ;ECl'ION RUNNING 'tHENCF South 13 degrees, 48' , 40" East 148.29 feet to a monument �2.00 foundation; JLOCK RUNNING THENCE South 47 de grees, 38' , 00" East 46.60 feet to a monument )1.00 foundation; _OT RUNNING THENCE South 42 degrees, 18' , 30" West 150.47 feet to a monument )05.000 foundation on the northeasterly side of Ruch Road (Private Road) ; ?ARCEL I I RUNNING TliENCE along the northeasterly side of Ruch Road (Private Road) the )IS'IRICT following two courses and distances: 1000 1) North 47 degrees, 41' , 30" West 156.47 feet; 2) North 41 degrees, 591 , 30" West 107.00 feet to the point or place of ;ECTION BEGINNING. )52.00 10CK PARCEL II 2 00 All of the right, title .and interest of the party of the first part, if any, in and to a private road 25 feet in width leading from North Road to the CT waters of Long Island Sound, together with the right of ingress and egress in 24.000 conT on with others over said road, as more particularly descrilzxad and designated on the Suffolk County Land and Tax Map as District 1000, Section 52.00, Block 01.00 and Lot 005.000; said private road being in the Town of Southold, County of Suffolk and State of New York. PARCEL III All of the right, title and interest of the party of the first part, if any, in and to a private road 20 feet in width leading from a private road to the waters of Arshamarogue Pond, together with the right of ingress and egress It, caleuon with others over said road, as more particularly described and designated on the Suffolk County Land and Tax Map as District 1000, Section 52.00, Block 02.00 and Lot 024.000; said private road being in the lbwn of Southold, County of Suffolk and State of New York. Together with the right to the use of a right of way, in common with others, over the aforesaid private roads for ingress and egress to and from the premises above described and to and from North Road and to and from Arshartr_moque Pond. 1 TOGETHER with all rights, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party of the first part in arid to said premises. TO HAVE AND TO HOLD the premises herein granted unto the party of the second part,the heirs of successors and assigns of the party of the second part forever, AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been incumbered in any way whatever, except as aforesaid. AND the party of the first part,in compliance with Section 13 of the Lien Law,covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF,the partyof thefirst part has duly executed this deed Ole day and year first above written. IN,PiifSENCE OF: Eleanor L. Ruch LT tJR ss: STATE OF NEW YORK, COUNTY OF ss: fE 0�' NEW,/,YORK, COUNTY OF ��I4 G�' O day of September 19 9o• before me On the day of 19 before me On the p .personally came ELEANOR L. Ri personally came to me known to be the individual described in and who to me known to be the individual described in and who executed the foregoing Instrument, and acknowledged exetcuted the foregoing ing Instrument, and acknowledged same that she executed the same. th PAUL$Stli I. Q q Notary Public,Sta'. fto.4-1W PUb11C Qualifir;d msseu Count Commis !cn Ezpuestl; \�q \ vim^ ss: STATE OF NEW YORK, COUNTY OF ss: STATE OF NEW YORK, COUNTY OF On the day of 19 before me On the day of 19 before me personally came personally came to me known, who, being by me duly sworn, did depose and the subscribing witness to the foregoing Instrument, with say that he resides at No. whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. ; that he knows that he is the to be the individual of the corporation described described in and who executed the foregoing Instrument; in and which executed the foregoing instrument; that he that he, said subscribing witness, was present and saw knowstheseal of said corporation; thatthe seal affixedtosaid execute the same; and that he, said witness, instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation, and at the same time subscribed h name as witness thereto, that he signed h name thereto by like order. Q , '�.;F1TgFfftl am) !91ale Ueeb SECTION 52.00 Covenant Against Grantor's Acts With _ BLOCK 03.00 01.00 02.00 LOT 001.000 05.000 024.000 Title No. ---- — couNTv OR TOWN County of Suffolk Tom of Southold Eleanor L. Ruch Recorded at Request of Title USA Insurance To Corporation of New York RETURN BY MAIL TO James M. O'Keefe and Elaine Pryhocki Standard Form of New York Board of Title Underwriters Distributed by Title USA Insurance 21p No. Corporation of New York w 0 U O LL w O d Z v) O O W W � ¢� WO W W WW N rY J If ' t I 1 61 \ � I 1 , .l� \ �\` .-• .. 1, / ,.<.••,. - - / t COUNTY OF iUFFOIK _"•s 'OUTHOLD 'a'K•+•�• �.<—.-_ -,- -- -->-._ - .-_..-.._ , "� �I Real Prooerty Taa 5er11e Aoencv •_s - ,.. - _..-r. -- .. 1 •eareer.MAP Q: 1 P T ! Q\ O.z 1q 'I`# I�'y20.21 r � Y\ i� _a of .\ s ......_.................,... CEOTIFWO TO EL41NE ,Rvey Kj t'an-c am `•_ J'rCEEcc � '_JN4 SLJND jOVINC�S NrL 4-, "n•�o _ G.�G:J ,rLc 'NS. Gam. v .4 MAP OF LAND LOCATED AT ly '�ww nr +oor..ou ��rHry�r^nrr.,r. 4� -pnv[.vp.nn L.'11NE oRY HOGyI < .:/arnaS O'KEcFc _74— nnurr F^tE .<......... :Or Ot3 cones .. .......... .„....... E sz r3� .E sror...n J31 SEC qL—� Apr n'nrr� 4c. - Za\.a- 'p1 I I , � 1 a z I •\ \ \ PORCl+1 �_OPO STOOP i ' i� I'J .u' 1 I In �1 0� 1STORV ! 7 L 4 s y �Vr ' sue. 3 9 \� / �IN \C` o =0.2 \ ,i \,,'Q\ �f � ^I C, K«x°q•`.o.....�rtew�:�oP.o..o....w..E.s..a..00x>:o.e. .'.f' ,W' uuu.rtnw4•n.x+mr.z..ae««a....l rv.d...o.xe«aw �Q� � .7Q KK.Eo.'^n..Erwo...ao.w«q.E.•a rxe nnemx....w«... O\ \ .a 1 ....e« .u...vm..nrto.e+..w�va.aw•eu�w«q«un CERTIFIED TO EJ_MNc 7RYMO)C.ia f _JHES D'YEE,F _=NLa 'SLJNO 3JVlNVS �JNY� Q —:�.-�.CH �8S-2CC: =f+�r_.�GJ Y MAP OF LAND LOCATED AT 4c=� L� - OU- LO !-1o1-0 :OUNTY OF SUFFOLK SURVEYED FOR �O YNOCs(1ORSETSs0.. �'JCVIO iUiFOLK COUNTY TAXMAP ..E J �1(] 'JTILfTY pIJLE EgffOnE xOTEEVSfO.Oq SVCwE 'ESl nOA,.TOAm OE .rafq UwES.'xELL5. �1000 NO',IJ{(V61YORSSES :fn.¢> S.x0 CE35roOlS xOT CEPTKo SZ b AwEPH i ]IST. 1 �— 47AAW :uEe I" 40, SECT. 3LK. SOT I SRIINGPMM 14. X. 11 LIVIN[. Pm., DEN l KE14M mn�� 5 x w' 12'v x 2r' Tnn1vS 6�L Ne n7 r 12' S�I3oo KrgP 1 � PLO0� i aAW 4 � MASTER KDRDM � CANING AWO 12 x¢ 1B x IV4' Iw O r�'1 rr I {C`M� Xx�t�m �� P1FfNrASI kCM 72nww�' /3y GRelN.rs 9'xs jnn6s b'1�E_ ffrV ER KIIGIEN 10' maxis C PP pr.L+ Ilwcc ___ Exhibit 5 i .�U1,cLD Nj' 1157/ F f 2ND F po2 t W e IM a iihj �BRp iva�XR' 2*4• � \ I o x �^ iry ziz IuTM.mr.. l l'xS l �I Exhibit 6 The N.Y.S. Environmental Quality Review Act reouires submission of this form, and an environmental review will be mdde Ly this ooard before any action is taken. SIIORT E^yTnoz44ENTAL ASSESSMENT 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 other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is 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 an existing body of water? _Yes '/( No 4. Will project have a potentially large impact on groundwater quality? Yes _Y-No S. Will project significantly effect drainage flow on adjacent sites? _Yes No' 6. Will project affect any threatened or endangered plant or animal species? _Yes )(No 7. Will project result in a major adverse effect on air 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 1) 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical environmental area by a local agency? Yes No 10. Will project have a major effect on •existinq 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 X No 13. Will project have any 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 X No period or have a major negative effect on the character of the community or neighborhood? 15. is there public controversy concerning the project? ' / _Yes � No Preparer-'s Signatuurre: /1% Representing: �J /f' M' O'&16- y__ Date: �I Z ZDA 9/15 .. i/ . "I 7.T !✓ Exhibit 7 APPEALS BOARD MEMBERS � 0�7`y c C4) SCOTT L.HARRIS Supervisor Gerard P.Goehringer, Chairman ' Serge Doyen,Jr. p� Town Hall, 53095 Main Road James Dinizio,Jr. 'A' �`� P.O.Box 1179 Robert A.Villa Ll yQ 'N Southold, New York 11971 Richard C.Wilton Fax (516)765-1823 Telephone(516)765-1809 BOARD OF APPEALS Telephone(516)765-1800 TOWN OF SOUTHOLD 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: fR,�,rs n�. "E F_Lr4,✓ue 'n��F.,= — Owti�erLS - occ.t,�rywt-s Name of the Applicant(s) and his/her Residence: SA+hti '�� 6 �✓I �e 0'�r'E�=c S*3oV ee<<�JTY " A8' ; SeqirtoLD /JY lly �l Names of Current Residents/Occupants of the Subject Premises: Stele 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 real estate market for sale or being shown to prospective buyers? { } Yes { } No. t z g horized signat e and a e Exhibit 8 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 shee[ 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 {)(} No D. 1. Are there any areas which contain wetland grasses? A/0 2. Are the wetland areas shown on the map submitted with this application? /J_ 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 T;W Trustees for its determination of jurisdiction? E. Is there a depression or sloping elevation near the area of proposed c9qptruction 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, y a not shown on the survey flap that you are submitting? If hone exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? A10 I£ yes, please submit a copy of your building permit.. and-.map. as.,approved by the Building Department. If none, please state. H. Do you�q�r, any co-owner also own other land close to this parcel? � If yes, please explain where or submit copies of deeds. I. Please list present use or operations conducted at this parcel ReS11)t-1p4-L NSA and proposed use /3e0 A+-D �ceae;=i1S% 1'1,k` :7/87, J0/qOlk horized Sign ure an b/ atfe/ ao , Exhibit 9 0 ' Sou�W(Q�1197Y1360 T N—r - d 1 Er .7 r A �y� I r 1 I .�� SITTING ROOM � I w X 1Z' LIVING IRDDM DEN' SCREEN' f3 PQ CH ! 15, X � 19 121 b" X UT ' 4i I � kr 11 If f ih$1 y Pfi F4, FPa ; k - � y , UR F P �I r' NIASTER BED ROM DINING ,ROOM B` X 1 ? ' (W 1 lit f At 21 hS r Y fil Ili}iRl ' A4, k fni„ v 1 N- L ak 1 �1 T� ' Y� II &' X Ib 1 t p��/���r p,�,T p�hly�w _ - - 47,ikCi'tfM1��l'f J�1 fyJS+f'�i' , w 4' . 1 6, `. > Qt=CKKiTCAEN � O 8' X 10 ' ' IT PMID ANT < . Ito o cn , � SoJd(w!1?('y y � r i aTED ROOM # � BED ROOM *';'3 b ' } 1 4 Y FP IT V 5 t Jar17 QOWN I M Eh Nh^ ft yewA' 4yp 4 err - i '^VS�St flN}S l� 'itt# i FYI Y . { : . r IIt 1 b d `v u4 Ji t� }w *pl r r ih 1. � ✓ + r r ' t � _ - ' � xllM a1nYx ) a� Y lu 1 nri mk a : � , IT +,�" tic MV'�f�t 5.r ; ✓J+ , ' � .F i, i - _ - ,. : �F OF l� C E ` 13 , 61, .Xf > O ' V uj u, t! Z 3 r 5b.;� ,y zl;�