HomeMy WebLinkAbout4249
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Richard C. Wilton
BOARD OF APPEALS
TOWN OF SOUTHOLD
Southold Town Hall
53095 Main Road
P,O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1809
ACTION OF THE BOARD OF APPEALS
Appl. No. 4249-SE.
Application of SANFORD AND SUE HANAUER. This is a
request for a Special Exception to establish and operate a Bed and
Breakfast in accordance with the provisions of the zoning code at
Article III, Section 100-31B(15), with owner-occupancy, and as an
accessory to the existing principal residence. Location of
Property: 4105 Soundview Avenue, Mattituck, NY; County Tax
Map Parcel No. 1000-94-3-part of 1.7, also known and referred to
as Lot No. 2 on the Subdivision Map of Robert and Jean Lenzer.
WHEREAS, a public hearing was held on June 8, 1994, 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 a "Bed and Breakfast" use on
the applicants]owners' property known as 4105 Soundview Avenue,
Mattituck, New York, for the rental of two bedrooms over the
existing garage area for lodging and serving of breakfast to not
more than five casual and transient roomers.
2. SITE LOCATION: The premises in question is located
along a private right-of-way which extends from the easterly end of
Sound View Avenue, Mattituck, as more particularly shown on the
survey map last dated October 17, 1985, prepared by Howard W.
Young, Land Surveyor.
3. LAND & BUILDINGS: The October 17, 1985 survey and an
inspection by the Board Members shows that the subject premises is
Page 2 - Appl. No. 4249-SE
Application of SANFORD & SUE B. HANAUER
Decision Rendered July 14, 1994
improved with a principal two-story (single-family) dwelling and
separate garage area connected by breezeway-type construction,
with setbacks at 194.4 feet from the front property line along the
private right-of-way, 74.4 feet from the westerly side property
line, and 20 feet from the easterly side property line. Parking
for at least five (5) vehicles is available.
4. PERMITTED ZONE: This property is presently located in
the "R-80" Residential Zone District and has an area of 2.8 acres.
The principal use of the promises is and has been for single-family
dwelling occupancy, which would not be changed by this proposed
Accessory "Bed and Breakfast Use."
5. USE STATUS: Certificate of Occupancy No. Z-16211 dated
September 29, 1987 has been submitted for the record showing that
a private one-family dwelling and two-car garage and decks exist in
conformity with all the requirements of the applicable provisions
of the law for which the certificate was issued. The certificate
was issued to the applicants-owners, Sanford and Sue Hanauer,
who acquired the property on June 25, 1984.
6. INTENT OF SECTION 100-31B(15): In considering this
application, the Board Members personally visited the site and
personally viewed the layout of the dwelling, the garage unit, and
the proposed Bed and Breakfast bedroom area over the garage
unit. The Board found that the location of the proposed Bed and
Breakfast bedroom area over the garage does not meet the code
definition of "single-family unit" is not attached as an integral
family unit. The B ~&.B area is distinctly separated by a large
breezeway and does not qualify as part of the "dwelling unit" due
to the breezeway. Since, the breezeway connection and the garage
building do not meet the building construction standards for a
livable floor area and does not encompass the entire living area of
the family unit, the proposed location of the bed and breakfast
rooms were found not to be a fundamental part of the family living
unit. As such, this proposal does not meet the intent of this
zoning code to place the bed and breakfast rooms, for renting and
transient use, within the "owner-occupied" dwelling unit.
7. The Board further finds and determines that, due to its
proposed location apart from the living unit: (1) the proposed
use will create a change affecting the orderly and reasonable use
of legally established uses of adjacent properties or of properties
in adjacent use districts; (2) the proposed use will affect the
safety, health, welfare, comfort, convenience, or order of the
Town; (3) the use will not be compatible with its surroundings
and with the character of the neighborhood and of the community in
general, particularly with regard to visibility, scale and overall
appearance. Additionally, the Board has also considered Section
100-264, subsections (a) through (p) of the Zoning Code.
Page 3 - Appl. No. 4249-SE
Application of SANFORD & SUE B. HANAUER
Decision Rendered July 14, 1994
Accordingly, on motion by Member Dinizio, seconded by
Member Vill~, it was
RESOLVED, to DENY (without prejudice) the applicants'
request for a Special Exception for a proposed Bed and Breakfast
Use, as shown on the plans submitted with this application, for the
reasons stated above.
Vote of the Beard: Ayes: Messrs. DinJzio, Villa and Wilton.)
Nay: Member Doyen and Chairman Goehringer. This resolution
was duly adopted (3-2).
RECEIVED AND FILED BY
SOUTI OLH TOW
DATE 7/;~7/~c/ HOUR
[
~ ~ewn Clerk, Town of Sout~old
APPEALS BOARD MEMBEP.8
Gerard E Goehrin~er, Chairman
Ser~e Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Richard C. Wilton
Telephone (516) 765-1809
BOARD OF APPEAL~
TOWN OF SOUTHOLD
NOTICE OF PUBLIC HEARINGS
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fsx (516) 765-1823
Telephone (516) 765-1800
NOTICE IS HEREBY GIVEN, pursuant
and the Code of the Town of Southold,
hearings will be held by the SOUTHOLD
to Section 267 of the Town Law
that the following public
TOWN BOARD OF APPEALS~ at the
Southold Town Hall, 53095 Main Road, Southold, New'York 11971, on
WEDNESDAY~ dUNE 8~ 1994~ commencing at the times specified below:
1. 7:30 p.m. Appl. No. 4235 - KlM FALLON and CYNTHIA SUTRYK.
(Hearing Continued from May 4, 1994) This is a request for a variance
based upon the April 4, 1994 Notice of Disapproval from the Building
Inspector to locate accessory building in the front yard area.
Location of Property: 3200 Soundview Avenue, Mattituck, NY; County
Tax Map Parcel 1OOO-94-2-5.
2. 7:35 p.m. Appl. No. 4234 - ALEX AND MARION WlPF. (Hearing
Continued from May 4, 1994). This is a request for a variance under
Article Ill, Section 1OO-33C for permission to locate an accessory
garage with a frontyard setback at less than the required 40 ft.
front yard setback. This parcel is nonconforming with a lot area of
approximately 22,000 sq. ft. and frontage of 118 ft. Location of
Property: 940 West Creek Avenue, Cutchogue, NY; County Tax Map
Parcel No. 10OO-103~13-7.
Page 2 - Notice of Hearin~
Southold Town Board of Appeals
Regular Meeting of June 8, 1994
3. 7:40 p.m. Appl. No. ~2~6 - LKC CORP. and JASTA~ INC. This is
a request for a Special Exception for permission to establish a
drinking establishing use as listed under Article Xl, Section 100-101B
in an existing principal building. The subject premises is
nonconforming with a lot area of approximately one-half acre and 115+-
ft. frontage along the north side, of the Main Road and is located in
the B-General Business Zone District. Property Address: 6955 Main
Road, Laurel, NY; County Tax Nap No. 1OOO-122-6-36.
4. 7:50 p.m. App]. No. 4245 - GEORGE AND SUSAN TSAVARIS. This
a request for a variance under Article XXIII, Section 100-239.~A
for permission to locate swimmingpool with fence enclosure within
100 feet of the bluff of the Long Island Sound. Location of
Property: 2170 The Strand, Lot 111 at Pebble Beach Farms~ East
Marion, NY; Parcel ID No. 1000-30-2-53.
5- 7:55 p.m. Appl. No. q2~SE - DEPOT ENTERPRISES, INC. This is a
request for a Special Exception, as amended, to include approval for
the location and use of a proposed addition,to the existing principal
building located at 320 Depot Lane, Cutchogue, New York. The proposed
addition is an expansion of the existing
and is located in the Residential-Office
Property ID No. 1000-102-2-12.1.
recreational membership club
(RO) Zone District.
Page 3 - Notice of Hearir~
Southold Town Board.of Appeals
Regular Meeting of June 8, 199u,
6. 8:05 p.m. Appl. No. 4249 - SANFORD AND SUE HANAUER. This is a
request for a Special Exception to establish and operate a Bed and
Breakfast in accordance with the provisions of the zoning code at
Article III, Section 1OO-31B(15), with owner-occupancy, and as an
accessory to the existing principal residence. Location of Property:
4105 Soundview Avenue, Mattituck, NY; County Tax Map Parcel No.
1000-94-3-part of 1.7, also known and. referred.to as Lot No 2 on the
Subdivision Map of Robert and Jean Lenzer.
7. 8:10 p.m. Appl. No. 4240 - JOHN CROKOS. This is a request for a
variance under Article XXlX, Section 1OO-239.4A based upon the Nay 4,
1994 Notice of Disapproval from the Building Inspector for permission
to ]ocate swimmingpool with fence enclosure within 100 feet of the
bluff along the Long Island Sound. This property was the subject of
prior Appea]s under App1. No. 4204 as rendered. 12/8/93 and Appi. No.
4140 as rendered 2/23/93. The subject premises is improved with a
single-family dwelling and contains an area of approximately 40,000
sq. ft. (total
Drive, Orient,
Tax Nap Parcel
lot area). Location of Property: 2110 Grand View
NY; Lot No. 7 on the Map of Grand View Estates; County
No. 1OO0-14-2-3.11.
8. 8:15 p.m. Appl. No. 4241 - RICHARD LAN.. This is a request for a
variance under Article IliA, Section 1OO-3OA.4 (ref. Article III,
Section 1OO-33) based upon the Nay 4, 1994 Notice of Disapproval from
t~e Building Inspector in a building permit application to construct
Page 4 - Notice of Heari~l~
Southold Town Board of Appeals
Regular Meeting of June 8. 1994
pool and deck in the front yard area, as an accessory use. Location
of Property: 230 Bridge Lane, Cutchogue, NY; County Tax Map Parcel
No. 1000-111-15-1.h and 1.5 (Tax Map Parcel No. 1.h totals 2.h78 acres
and Parcel No. 1.5 totals 1.088 acres). The subject premises is
located in an R-hO Low-Density Residential Zone District.
9. 8:20 p.m. Appl. No. 4243 MOORE'S LANE HOLDING CORP. This is
a request for a variance under Article V Section 1OO-53B, Section
1OO-31C (ref. Section 100-33), and Section 1OO-231, based upon the
May 4, 1994 Notice of Disapproval from the Dui]ding Inspector for
permission to locate accessory uses (tennis court, swimmingpool and
pool clubhouse) in an area other than the required rear yard,
tennis-court fencing at a height of more than four feet when
in a front yard area. Location of Property: 475 Cedarfields
Greenport, NY; County Tax Map Parcel No. 1000-40-5-1.42.
premises is located in the Hamlet-Density Zone District.
and with
located
Drive,
The subject
10. & 11.
Property:
Parcel No.
lot area
8:25 p.m. TONY AND MARIA KOSTOULAS. Location of
1035 Aquaview Avenue, East Marion, NY; County Tax Map
1000-21-2-13. This property is nonconforming as to total
in this R-40 Zone District.
Appl. No. 4098 - (Continued Hearing) This is a request for a
variance under Article XXIII, Section 100-239.4 for approval of a
deck extension located within 1OO feet of the bluff of the Long
Page 5 - Notice of Heari
Southold. Town Board of Appeals
Regular Meeting of June 8, 1994
Island Sound;
Appl. No. 4248 - This is a request for variance under Article
IliA, Section 100-30A.3 for approval of a deck addition with
insufficient side yard setbacks.
12. 8:35 p.m. Appl. 4247 - HUGH T. and CAROL L. CONROY. This is a
request for a Special Exception to establish an Accessory Apartment in
conjunction with the owner's occupancy within existing residence as
authorized under Article III, Section lOO-30A,2B and Section
100-31B(14) of the Zoning Code. Location of Property: Westerly side
of Gin Lane, Southold, NY; also referred to as Lot #2 on the
Subdivision Map of Bay Haven fi]ed in the Suffolk County Clerk's
Office as Map 2910; further identified on the County Tax Maps as
1000-88-3-6.
13. 8:55 p.m. Appl. No. 4239 - MARGARET BEST and ADYLYN SYVERSON.
This is a request for a variance under Article ILIA, Section 100-3OA,1
based upon the May 2, 1994 Notice of Disapproval by the Building
Inspector for approval of the proposed insufficient lot area and
insufficient lot width of proposed Parcels #1 and #2. Location of
Property: Private Road #17 extending off the easterly side of Camp
Nineola Road, Mattituck, NY; County Tax Map Parcel No. 1000-123-6-17
The subject premises contains a total lot area of approximately 1.2
'Page 6 - Notice of Hearir~
Southold Town Board of Appeals
Regular Meeting of June 8. 199u,
acre(s) in total area and is located in the R-40 Low-Density
Residential Zone District.
The Board of Appeals will at said time and place hear any
and all persons or representatives desiring to be heard in the
above matters. Written comments may also be submitted prior to
the conclusion of the subject hearing. Each hearing will not
start before the times designated above. If you wish to review
the files or need to request more information, please do not
hesitate to call 765-1809 or visit our office.
Dated: May 23, 1994.
BY ORDER OF THE SOUTHOLD
TOWN BOARD OF APPEALS
GERARD P. GOEHRINGER
CHAIRNAN
By Linda Kowalski
X
'RECEIVED
2 0
Southold 'fown Clerk
TOWN OF SOUTHOLD, NEW YORK
APPLICATION FOR SPECIAL EXCEPTION
Application
Date Filed:
(We),
TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK:
(Residence, House No. and Street)
(Hamlet, State, Zip Code, Telephone Number)
hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with
the ZONING ORDINANCE, ARTICLE ~-8o , SECTION IoO-~lt~ , SUBSECTION I~
for the below-described property for the following uses and purposes (and as shown on
the attached plan drawn to scale):
A. Statement of Ownership and Interest.
property known and referred to as
is(are) the owner(s) of
(House No., Street, Hamlet)
identified on the Suffolk County Tax Maps as District 1000, Section ~l , Block m~ ,
Lot(s) ~L~ I.~ , which is not (is) on a subdivision Map (Filed Lo~- ' ,
"Map of ~ · ~1~,~w I.m~)z~e)- "Filed Map No. ,
and has been approved by the Southold Town Planning Board on
as a [Minor] [Major] Subdivision).
property was acquired by the owner on /~?/~7
The
above-described
B. The applicant alleges that the approval of this exception would be in harmony with
the intent and purpose of said zoning ordinance and that the proposed use conforms to
the standards prescribed therefor in said ordinance and would not be detrimental to
property or persons in the neighborhood for the following reasons:
C. The property which is the subject of this application is zoned
[v/]' i$ c(~nsi$%¢n~ 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)
~ (Sig~atu~'~) '
Sworn to before me this~--~X'day of~A~lgi~/~oql~ ·
(Notary Public ' KOE~IG
ZB2 (rev. 2/6/86) No.4~317-H~u
~mmi~ion Ex,res MarCh ~,
and
OWNER
TOWN OF $OUTHOLD
FORMER OWNER
TOTAL
PROPERTY ~KORD
FARM b'~ COMM.
....,
CB. MICS.
CARD
DATE REMARKS
'////Tr
ST. SUB. LOT
FRONTAGE ON WATER
FRONTAGE ON ROAD
'DEPTH
~I'KHEAD
TYPE OF BUILDING
Mkt. Value
M. BldgT ~
Extension
Extension
B ree~'eway
Garoae
~ ~t,,, AT~,L~ J(
Patio
Both
Floors
~]m__~..-[- ~_~. ~;V'~'~.~terior Finish
Heat
Rooms 1st Floor
Rooms 2nd Floor
Driveway
'Total
COLOR
Foundation
Basement
Ext. Walls
Fire Place
Type Roof
Recreation R~m
Dormer
inette
DR.
FIN. B
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Richard C. Wilton
BOARD OF APPEALS
TOWN OF SOUTHOLD
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1809
July 29, 1994
Mr. and Mrs. Sanford Hanauer
4105 Soundview Avenue
P.O. Box 281
Mattituck, NY 11952-0281
Re: Appl. No. 4249- Special Exception (B & B)
Dear Mr. and Mrs. Hanauer:
Please find attached a copy of communications transmitted to our
offiea from the Suffolk County Department of Planning which
results from their review in accordance with the Suffolk County
Admlnl.qtrative Code for projects located within 500 feet of a
state or county highway, estuaries, creeks of the Peeonic Bay
area, West Harbor, Fishers Island Sound, Long Island Sound,
and its tributaries.
Thi, copy is for your update and recordkeeping.
Very truly yours,
Enclosure
Linda Kowaiski, Clerk
Board of Appeals
DEPARTMENT OF PLANNING
Town of Southold ~-
Zoning Board of Appeals
COUNTY OF SUFFOLK
ROBERT J. GAFFNEY
SUFFOLK COUNTY EXECUTIVE
JUL 2 9 1994 i
STEPHEN M. JONES, A.|.C.P.
DIRECTOR OF PLANNING
July 28, 1994
Applicant: Sanford and Sue Hanauer
Mun. File No.: 4249 SE
S.C.P.D. File No.: SD-94-16
Gentlemen:
Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk
County Administrative Code, the above referenced application which has been
submitted to the Suffolk County Planning Commission is considered to be a
matter for local determination. A decision of local determination should not
be construed as either an approval or disapproval.
Comments: Appears inappropriate as sufficient information has not been submitted
to demonstrate compliance with relevant criteria for bed & breakfast purposes.
Very truly yours,
Stephen M. Jones
Director of Planning
GGN:mb
S/s Gerald G. Newman
Chief Planner
APPEAI~ BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Richard C. Wilton
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
Pursuant to Article X/V 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 Cua~,~ssion:
~ Variance from the Zoning Code, Article , Section
__ Variance from Determination of Southold Town Building Inspector
XX Special Exception, Article III , Section 100-31B(i5)
--. Special Permit
Appeal No: 4249SE Applicant: Sanfor'd & Sue Hanuer
location of Affected Land: 4105 Soundview Avenue, Msttituck,
County Tax Map Item No.: 1000-94-3 part of 1.7 '
Within 500 feet of:
NY
Town or Village Boundary Line
· XX Body of Water (Bay, Sound or Estuary) L.I. Sound
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
Comments:
~opies of 10wn file and
Dated:
JulyS; 1994
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
Applicant is requesting permission, to
related documents enclosed for your review.
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Richard C. Wilton
BOARD OF APPEALS
TOWN OF SOUTHOLD
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1809
July 20, 1994
Mr. and Mrs. Sanford Hanauer
4105 Soundview Avenue
Mattituek, NY 11952
Re: Appl. No. 4249 - Bed & Breakfast Proposai
Dear Mr. and Mrs. Hanauer:
With reference to your recent application, please find enclosed
a copy of the Board's findings and determination rendered at
our Regular Meeting held July 14, 1994, at which you were
present.
Also, a copy of your file has been tren-qmitted to the Suffolk
County Department of Planning since your project is located
within 500 feet of the Long Island Sound. Once we receive their
response, after review at their next meeting, we will forward a
copy to you for your records. (It is expected, however, that
their agency will pass its review to our department, i.e. local
determination. )
Very truly yours,
Linda Kowalski
Enclosure
Copy of Decision to:
Suffolk County Department of plonning
Harvey Arnoff, Esq. (Attorney for Diane Smith)
Southold, N.Y. 11971
(516) 765-1938
September 9, 1987
Mr. Victor. Lessard
EXecutive Administrator
Building Department
Town Hall
Southold, NY 11971
Re: Sanford Hanauer
Access road within the minor Subdivision of Lenzner
Dear Mr. Lessard:
Enclosed is a COpy of the final road inspection report from
Sidney Bowne for the above mentioned access road.
Please note, this access road has been approved and this
report Will be formally aCcepted at the September 14, 1987
Planning Board meeting.
If you have any questions, please don't hesitate to
COntact Our office.
e~]c.
Very truly yours,
BENN~.'TT ORLOW~Ki, jR.'.~HAiRMAN
SOUTHOLD TOWN PLANNING BOARD
By Diane M. Schultze, Secretary
{1922-1959)
Chester C Kelsey, PE. LS.
DNEY B. BOWNE & SOI
45 Manor Road
Smithtown, N.Y. 11787
(516) 724-0611
August 25, 1987
Mr. Bennet Orlowski, Jr., Chairman
TOWN DF SOUTHOLD
Planning Board
53095 Main Road
Southold, New York 11971
Re: Final Inspection, Sanford Hanauer/Minor Subdivision for Robert and
Jean Lenzner, Laurel, Town of Southold, New York (SBB NO. 87164)
Gentlemen:
A final site inspection was conducted on August 20, 1987. Present were
Mr. Raymond Dean and Mr. C.S. Heffernan, both from this office.
We find that the constructed access road was built in conjunction with
the Town of Southold requirements and recommend acceptance.
Very truly yours,
CSH:cl9
xc: Ray Jacobs, Supt./Hwys.
SIDNEY B. BOWNE & SON
Ray Dean (SBB)
V. Lessard (Building Dept.)
MINEOLA · SMITHTOWN · NEW YORK CITY · CLEARWATER
~a~o~ Affairs Unit
Bldg. ~O, SU~--~om
Stony Dro-~,. ~ ' ~1794
..... t516) 7~1-7900
A review has been mada of your proposal to.
New York State Department of Environmental Conservation has found the parcel ¥_~/ project to be:
._ Great:er ~han 300' from Inventoried tidal ~tlands.
.. L~dward cf a substantial man-~de
~reater th~ I00' in len~h constructed prior~o September 20, 19~7.
~dward of 10' contour elevation abo~ ~an sea level ~ a Erad~l,
ufa1 81ope.
~dward'of topoEraphical crest of bluff, c~ff or d~e in ex~ss feet in el~vation abova ~ sea leal.
~erefore, no pe~t under Article 25 (Tidal We~L~nda of the En~r~ntal .....
~nuurvation Law) is required at this =ina since the current proposal is bey~d
State ~ndated ]urisdtctlon purser Co thin att. H~aver, any addi~toual work
or ~dificationa ~o the proJec~ ~y re9u[ro a peri=. It lo your
~o notify this offi~, in wr!~inE, if such additional ~ of =~difica=lo~ are
conce~lated.
Very truly yours,
,:./?//:
I~e~tou~l Supervisor of
R~ula=or]~ Affairs
FORM NO. 4
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
Office of the Building Inspector
Town Hall
Southold, N.Y.
Certificate Of Occupancy
No. Z-16211 Date September 29 1987
THIS CERTIFIES that the building ONE FAMILY DWELL ING
~ L 4 I05 SOUNDVIEW AVENUE MATTITUCK, NEW YORK
Location o! yroper£y ...... .............
County Tax Map No. 1000 Section ...0.9.4. ...... Block . 03 . .Lot .. p/° I. 1
Minor
Subdivision Robert & Jane Lenzer 2
............................... Filed Map No ......... Lot No ..............
conforms substantially to the Application for Building Permit heretofore filed in this office dated
September I7, 1984 13944 Z
...................... pursuant to which Building Permit No ......................
dated May 15, 1985
............................ was issued, and conforms to aH of the requirements
of the applicable provisions of the law. The occupancy for which this certificate is issued is .........
ONE FAMILY DWELLING, ATTACHED 2 CAR GARAGE & DECKS
The certificate is issued to SANFORD & SUE HANAUER
..................... X ....................
of the aforesaid building.
Suf~lk County Department of Health Approval 1 4 - S O- 1 4 0
UNDERWRITERS CERTIFICATE NO. N 739408
PLUMBERS CERTIFICATION DATED: January 16, 1986
~' B~ding Inspector
Rev. 1/81
ARCHITECTURE
INTERIOR DESIGN
130 WOODBURY ROAD
WOODBURY NY 11797
. 516.692.4404
October 29, 1985
Mr. Bennett Orlowski, Jr., Chairman
Southold Town Planning Board
Southold, New York 11971
Dear Mr. Orlowski:
Re:
Report No. 428
Access Road to Lot ~2
Minor Subdivision for Robert
at Mattituck
and Jean Lenzner
I would like
John Bertain
W. Davis.
to make reference
Builder, Inc. and
to your letter of April 4, 1985 to
Report No. 428 prepared by John
I am the present owner of the 2.8 acres to the East of the
Lenzner residence and also the owner of the approximately 15
acres to the South of my property and Lenzner property, and I
have the right-of-way between these two properties. In order to
reach my property, a 10-foot wide dirt road on the present
right-of-way was extended from the Easterly end of Sound View
Avenue (now a dead end with a partial turn-around circle - see
enclosed Young & Young survey dated October 17, 1985).
Since Bertani Builders will be completing our new house shortly,
a Certificate of Origin will be required, and we are willing to
comply with Mr. Davis' Report No. 428, dated February 22, 1985,
with the following exception: We do not agree with his
recommendatin of increasing the road width to 15 feet. We have
had to post a "Private Property" sign at the East end of Sound
View Avenue to deter people from entering the right-of-way and/or
our driveway. Cars, people, motorbike riders, etc. use this
10-foot dirt road, and we constantly have to chase them off our
property. If this road is widened to 15 feet, I am afraid we
will be making it more accessible. Since there are no other
homes beyond the East end of Sound View Avenue, I would like to
maintain the 10-foot width. This would also avoid cutting down
many beautiful trees. There is also a turn-around on my property
in the event any emergency vehicle has to make a turn.
(continued)
S~ORD HANAUER
ASSOCIATES INC
ARCHITECTURE
INTERIOR DESIGN
130 V~K)OOBURY ROAD
WOODBURY NY 11797
516.692.4404
Mr. Bennett Orlowski, Jr.
October 29, 1985
Page 2
I have discussed this with Mr. Lessard of the Building
Department, and he sees no objection; however, he has asked me to
refer this matter to you and the Planning Board.
I would appreciate your reply as soon as possible as I have to
make arrangement to complete the road before we can obtain our
Certificate of OccuDancy.
SH:cdk
Enclosure
cc: Mr. Lessard
SANFORD HANAUER
ASSOCIATES INC
ARCHITECTURE
INTERIOR DESIGN
130WOODBURY ROAD
WOODBURY NYl1797
516.692'4404
Mr. Bennett Orlowski, Jr.
October 29, 1985
Page 2
I have discussed this with Mr. Lessard of the Building
Department, and he sees no objection; however, he has asked me to
refer this matter to you and the Planning Board.
I would appreciate your reply as
make arrangement to complete the
Certificate of Occupancy.
soon as possible as I have to
road before we can obtain our .'
~an ford Ha'naue r
SH:cdk
Enclosure
cc: Mr. Lessard
June 16, 1987
Mr. Bennett Orlowski, Jr., Chairman
Southold Town Planning Board
Southold, New York 11971
ASSOCIATES INC
D£$1GN£ RS
130 WOODBURY ROAD
WOODRURY NY 11797
516.692,4404
Dear Mr. Orlowski:
Re:
Access Road to Lot ~2
Minor Subdivision for Robert
Mattituck, New YOrk
and Jean Lenzner
I am the owner of the 2.8 acres to the East of the Lenzner
residence and am also the owner of the approximately 15 acres to
the South of my property and the Lenzner property. I have the
right-of-way between these two properties. I have complied with
items #2-#8 of the attached Report No. 428, dated February 22,
1985, and have p~ovided a complete circula~ driveway on my lot, ~
60 feet in diameter, which will easily accomodate emergency
vehicles.
Regarding item #1, I have provided a road of 15 foot width; the
center 10 feet of which is paved, with approximately 2 1/2 feet
on either side cleared, with the exception of a few large,
beautiful trees. We have the only residence at this end of the
road and have had to post a Private Property sign. However, we
are constantly bothered by people disregarding the sign, and
speeding around our circular driveway, in front of our house, and
back out to the public ~oad. We are reluctant to do anything
that would further encourage this invasion of our privacy and
feel the we have provided sufficient access and clearance for any
and all emergency vehicles. The enclosed photographs document
these facts.
We would greatly appreciate your acceptance of t~is situation as
we a~e in need of our Certificate of Occupancy to Satisfy the
bank for our mortgage.
Thanking you in advance,
~anford Hana~er
SH:cdk
Enclosures
I am
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Richard C. Wilton
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
SEQRA UNLISTED ACTION DECLARATION Msy 20, 1994
Appeal No. 4249 Project Name: Sanf0rd and Sue Hanauer
County Tax Map No. 1000- 94-3- p/0 1.7
Location of Project: 4105 S0undview Ave. , Mattituck, NY
Relief Requested/Jurisdiction Before This Board in this Project:
Establish and operate 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.
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
An Environmental Assessment (Short) Form has been submitted with the
subject application indicating that no significant adverse environmental
effects are ]~ke]y to Occur sh0u]d the project be implemented as planned,
and:
{ ) this Board wishes to assume Lead Agency status and urges
coordinated written con~nents 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.
mc
THIS INDENTURE, made the ~-- ~ day of May _
BETWEEN
ROBERT LENZNER and JEAN LENZNER, his wife, both residing at
3925 Sound View Ave, Mattituck, NY
partyoftheflrstpart, and
DIANE SMITH, residing at 16 Meadow Wood Lane, Brookville, NY
party of the second psat,
WITNESSETH, ,hat the party of the first part, n consideration of Ten Dollars and other valuable consideration
paiit by the party of the second part, does hereby grant and release unto the parry of the second part', the heirs OF
soccessors and assigns of the parry 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 tile -
at Mattituck, in the Town of Soutbold, County of Suffolk and'State of n~ York,
bounded and described as follows:
BEGINNING at a pipe set in the southwesterly corner of the premises herein
described, said point being where the northeasterly terminus of Sound View
Avenue is intersected by the division line between the premises herein described
and land now or formerly of Peter and Joanna Kontos; Running thence North 25'
39' 10" west along said last mentioned division line, 637.01 feet to the shore
of Long Island Sound; Thence easterly along the shore of Long Island Sound to a
point which is distant North 25° 39' 10" west 606.33 feet from the northeasterly
corner of the right of w~y hereinafter described; Thence South 25" 39' 10" east
606.33 feet; Thence South A9° 52' 20" west 154.92 feet to the point or place of
BEGINNING.
TOGETHER with an easement of ingress and egress to and from the above
described premises Over the following described premises.
BEGINNING at a pipe set in the southwesterly corner of the premises herein
described, said point being where the northeasterly terminus of Sound View
Avenue is intersected by the division line between the premises herei,l desceibed
and land now or formerly of Peter and Joanna Kontos; Running thence North
52' 20" east 154.92 feet; Thence South 25° 39' 10" east' 51.13 feet; Thence South
49° 52' 20" west 154.57 feet; Thence North 26° .02' 10" west 51.O4 feet to the
point or place of BEGINNING.
SUBJECT to covenants, restrictions, easements, reservations and agreements
of record.
BEING and intended to be part of the same premises conveyed to Robert Lenzner
and Jean Lenzner, his wife, by deed dated 3/13/70 recorded 3/16/70 in
Liber 6717 page 269.
TOGI~THER wi,Ii 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 tile appurtenances and
all the estate and rights of the party ol the first part in and to said premises; TO HAVE AND TO HOLD the
,remises herein granted unto the party of the second pa,t, the belts or successors and assigns ot 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 an}' way whatever, except as aforesaid.
AND the party of the first part, in compliance with Sea;,ion 13 of the Lien Law covenants that the patty of the first
p~t will receive the consideration for this conveyance and w II hold the right to receive at, ch consideration as a
trust land to be applied first for the purpose of paying the cost of the improvement and will apply the same first to
the paymen, t o{ th.,e cost ol the impro,vement belore using any part of the total of the same for any other purpose.
The word 'party' shall be conatroeo as it it read "part/es" whenevec the sense of this indenture so requires.
IN WITNESS WHEREOF, the party of the first Part has doly execnted this deed the day and year first above
written.
IN PRE~P. NCR OF:
RE: Appl. Nc>, 4249
994
We, the undersigned do hereby obj_eg_% to the petition of Sanford &
Sue Hanauer for a Special Exception to use their residence "4105
Soundview Avenue. Mattituck, New York" as a bed and breakfast
facility. This area is zoned R-80 and we the undersigned feel
that, the extra traffic and "commerical atmosphere" that would be
created would change the character of our neighborhood and hereby
object.
N__am_e
RE; Appl. Nc,. 4249 June 4, 1994
We, the undersigned do hereby object to the petition of Sanford &
Sue Hanauer for a Special Exception to use their residence "4105
Soundview Avenue, Mattituck, New York" as a bed and breakfast
facility. This area is zoned R-80 and we the undersigned feel
that the extra traffic and "commerical atmosphere" that would be
created would change the character of our neighborhood and hereby
9~ject.
RE: Appl. No. 4249 June 4~ 1994
We, the undersigned do hereby O]~c_t to the petition of Sanford &
Sue Hanauer for a Special Exception to use their residence "4105
Soundview Avenue, Mattituck. New York" as a bed and breakfast
facility. This area is zoned R-80 and we the undersigned feel
that the extra traffic and "commerical atmosphere" that would be
created would change the character of our neighborhood and hereby
object.
Name
Address
RE: Appl. No. 4249 June 4, 1994
We, the undersigned do hereby 9~jeQt to the petition of Sanford &
Sue Hanauer for a Special Exception to use their residence "4105
Soundview Avenue, Mattituck, New York" as a bed and breakfast
facility. This area is zoned R-80 and we the undersigned feel
that the extra traffic and "commerical atmosphere" that would be
created would change the character of our neighborhood and hereby
object.
Name
Address
RE: Appl. No. 4249 June 4, 1994
We, the undersigned do hereby ~j~_t to the petition of Sanford &
Sue Hanauer for a Special Exception to use their residence "4105
Soundview Avenue, Mattituck, New York" as a bed and breakfast
facility~ This area is zoned R-80 and we the undersigned feel
that the extra traffic and "commerical atmosphere" that would be
created would change the character of our neighborhood and hereby
objeq~.
RE: Appl. No. 4249 June 4, 1994
We, the undersigned do hereby Q~ject to the petition of Sanford &
Sue Hanauer for a Special Exception to use their residence "4105
Soundview Avenue, Mattituck, New York" as a bed and breakfast
facility. This area is zoned R-80 and we the undersigned feel
that the extra traffic and "commerical atmosphere" that would be
created would change the character of our neighborhood and hereby
ob~.
Name
Page Ltl -Hearing Transcrl
Regular Meeting - June 8,
Southold Town Board of Appeals
MR. CHAIRMAN: 2 dental office and then we went from there into the
recreation club, so on and so forth. Umbrella Services was the first
organization to move in or were you there before them?
JOSEPH LIZEWSKI: No, I was there before them.
MR. CHAIRMAN: You were there before them.
JOSEPH LIZEWSKI: I was the first one in.
MR. CHAIRMAN: So they then came after because they came before
us for signs, if you remember.
JOSEPH LIZEWSKI: Yes and then Dr. Trentalange and Dr. Cummings
came.
MR. CHAIRMAN: Any other questions gentlemen? OK, we'll see what
evolves. Is there anybody in the audience who would llke to speak in
favor of this application? Anybody would like to speak against the
application? All right I see no further hands I'll make a motion
closing the hearing reserving decision until later.
MEMBER DINIZIO: Right.
MR. CHAIRMAN: All in favor?
MEMBERS: Aye.
8:30 P.M.
MR. CHAIRMAN: Appl. No.
is a request for a Special
~2a,9. S~#FORD~.~and SUE HANAUER. This
Exception to establish and operate a Bed
Page u,2 -Hearing Transcl~
Regular Meeting - June 8,'~199~
Southold Town Board of Appeals
and Breakfast in accordance with the provisions of the Zoning Code
at Article III, Section 100-31B(15), with ower-occupany, and as an
accessory to the existing principal residence. Location of Property,
rtl05 Soundview Avenue, Mattituck, N.Y., County Tax Map Parcel No.
1000-9~,-3-part of 1.7. I have a copy of the original floor plan of
the house. We have personally visited the site and we are aware of
the 2 bedrooms and 1 bath which is the nature of this application
apart from another request and a copy of the Suffolk County Tax
Map indicating this and surrounding properties in the area. Who
would like to be heard?
SUE ANN HANAUER: As you know my name is Sue Ann Hanauer and
together with my husband Sandy we are applying for a Special
Exception to operate a Bed and Breakfast establishment in our home
on Soundview Avenue in Mattituck according to the provision of the
Established Bed and Breakfast Code. To quote from a recent Article
in Newsday, "Out Eastern, in season, there are two kinds of weekend
visitors. Day Trippers and Guests. Day Trippers are discouraged,
Guest are pampered. There are a number of intermit bed and
breakfast available and they do understand pampering. Guests can
invariably count on being made to feel like old friends". In that
spirit we plan to offer a comfortable and interesting atmosphere, one
in which we can share at the, our enjoyment of hosting and our love
of this area in which we have lived for over 16 years and now make
our permanent home with our guests.
MR. CHAIRMAN: Thank you.
Page [[3 -Hearing Transc~l~
Regular Meeting - June 8,'v4199[[
Southold Town Board of Appeals
SANFORD HANAUER: I would like to describe the property. The
properties up on the Sound at the East End Soundview Avenue. The
house sits on a 2.8 acres. On the East side its boarded by a 3[[ acre
farm, on the South by a 17 acre farm, on the West by a single
residence on almost 2 acres. Separated by buffered hard dwelling and
our neighbors dwelling about a, better than 100 feet apart, it's
buffered by about a 50 foot a shrubbed area. In order to get to our
home, one has to drive up to 250 foot driveway which is completely
secluded. No-one can see our residence at least six months out of the
year.
MR. CHAIRMAN: Your forgetting to say how nice it is. It is a
magnificent piece of property.
SANFORD HANAUER: Excuse me, to the North we have 180 degree
view of Long Island Sound and that's all I have to say at the moment.
MR. CHAIRMAN: Thank you very much. Is there anybody else would
like to speak in favor of this application? Is there anybody in the
audience that has not seen this plan and that would llke to spend two
minutes in looking at it? OK, we will lay it down here and we'll take
approximately a two minute recess. I offer that as a resolution
gentlemen.
MEMBER DINIZIO: Second.
MR. CHAIRMAN: All in favor?
MEMBERS: Aye.
MR. CHAIRMAN: We will reconvene gentlemen. I'll make the motion.
MEMBER VILLA: Second.
' Page ~,u, -Hearing Transcl~
Regular Meeting - June 8~99u,
Southold Town Board of Appeals
MR. CHAIRMAN: All in favor?
MEMBERS: Aye.
MR. CHAIRMAN: In no-way am I trying to curtail anybody from
speaking before this Board. There is a five minute time limit
however. We very rarely ever invoke that. I would ask though if
there are people who are members of organizations within community
groups that they ask those folk persons to speak regarding any
disconcerting comments or anything that may concern you, probably
not the right phrase to use, but anything that might concern you
regarding an application of this nature and therefore I'll ask if
anybody has anything they'd llke to say against this application? Mr.
Arnoff how are you. It's so nice to see you.
HARVEY ARNOFF: Good evening Mr. Goehringer, Gentlemen of the
Board, it's a pleasure to be back in front of you. Just before I
start I would llke the record to know the present of another Town
Attorney, former Town Attorney in the audience and that's Pat Moore
from Riverhead who said she'd like to welcome me and I don~t know if
you saw her at the time.
MR. CHAIRMAN: I,
Moore.
do a very special welcome when we see Ms.
HARVEY ARNOFF: Thank you. In any event I~m here in behalf of
Diane Smith who is the contiguous property owner to the West of this
particular parcel and she has secured the signatures of some fifty
residence in the immediate vicinity opposing this particular
application. Before I give any kind of presentation I think it would
' Page t~5 -Hearing Transcl~
Regular Meeting - June 8,'m199~
Southold Town Board of Appeals
be appropriate right and read that petition and then hand out the
originals of that. The petition reads as follows: "We the undersigned
do hereby object to the petition of Sanford & Sue Hanauer for a
Special Exception to use their residence u,105 Soundview Avenue,
MattJtuck, as a bed and breakfast facility. This area is zoned R-80
and we the undersigned feel that the extra traffic and commercial
atmosphere that would be created would change the character of our
neighborhood and hereby object" This was done on several sheets and
I just would like to hand them if I can at this time.
MR. CHAIRMAN: Thank you.
HARVEY ARNOFF: Having said that I think at the outset this Board
as certainly some of you know that I have in 1989 spoke out against
the proposed legislation for the bed and breakfast. Not that I was
not an advocate for bed and breakfast in this town and I am an
advocate for them, but the fact that the then Town Board in its
infinite wisdom chose not to really give us any guidelines and there
are no guidelines other than you can't have an accessory apartment
and some other minor things but in some substance the legislation
which you're now asked to rule upon is somewhat flawed. Let me, let
me address that because I think it's important for purposes of the
record. There's no definition of what owner occupied is. Owner
occupied could be one day a year. Owner occupied could be 365 days
a year, and how are we to police or to enforce that. There's no
definition of what we mean as casual and transient. There's some
common belief as to what that means but it would seem to me that we
· Page ~6 -Hearing Transcl
Regular Meeting - June 8,'"199u,
Southold Town Board of Appeals
could essential have a proliferation of 2 and 3 bedroom motels
throughout the Town of Southold, and I'll get to that in a few
minutes. As I said before there's absolutely no provision for
enforcement or for police and abuses. Now, since we've address the
fact that this particular statute and that would be 100-31, I think
it's B15, it gives us really not many guidelines and we have to turn
to Article 6, which is the generic rules and I~d like to go through
those and tell you why in my opinion and in the opinion of Ms. Smith
and I think it's shared by some 50 other residence in the area that
this is not appropriate use. First of all Diane Smith and all of
these people are not people who moved into a neighborhood and said
we don't llke what's already there. There saying we love what's
already there, leave it alone and I think that's very important.
There has to be in our community and as you all know I~m a resident
of this community and I'm a vocal support of this community. A
reasonable expectation of someone who moves here or who lives here
and buys an expensive water front home in a private community,
that's somewhat secluded, to have that preserved, that was part of
what they paid for when they bought this and the intrusion of Bed
and Breakfast and I understand, we all know if you take a look at
Combs' house on Peconic Lane, if you take a look at the Barlett's
house, and I could go through a million others, OK, there wonderful
places and there beautiful, but there beautiful because there on main
corridors, there, there on streets that connect, there not at the
dead end of a private road. Now, let's deal with the specific
'Page L~7 -Hearing Transc~
Regular Meeting - June 8,'~'199u,
Southold Town Board of Appeals
application. Is it compatible with existing land use patterns and
community character? It's not. You have again, single family
dwellings. Large expensive single family dwellings. Now, one of the
other things that you have to consider is, is it going to impact on
value? It's an interesting question and I pose that question to
probably ten Real Estate Brokers. Their opinion was, "Harvey that's
a pretty interesting question because we~ve never been asked that
before, nor do we know where there's any comparables because we~ve
never really been faced with that". But, they all said one thing,
that as a Real Estate Broker they would be duty bound to tell
somebody looking to buy a house of this nature, to guess what,
there's a Bed and Breakfast next door. They also said that that
would reduce the number of people who would want to buy next to a
quasi commercial establishment and therefore would impact on
marketability. It follows and I, it follows by a mere application of
logic, but if it effects marketability, it effects price. Therefore,
we do have a dilatory effect on the property values, especially of
Diane Smith whose next door. Now, Diane Smith is a unique situation.
When she acquired this property and the Deed by which she acquired
it from the Lessners, and I have a copy of it to hand of, provided
for an easement. This is a landmark parcel. Diane Smith's property is
a landmark parcel. I believe at that time the Hanauers I think were
the Lessners, but now I think the Hanaures own the road, so they
have the right to use this road and I would like to hand up some
photographs and I~ve sought of you know, sifted through a myriad of
· Page 48 -Hearing Transc~
Regular Meeting - June 8, 199[l
Southold Town Board of Appeals
them, but I have several which will, actually I know you've all been
there, but will show you how this is a private area, is a private
road, it's not a main thorough fair, this is a dead end of a dead end
street with a driveway and I think that's another factor which I'll
address, so I'd like to hand up at this time the Deed and these
photographs. Now, what are the general community wishes? While you
have 50 signatures to indicate what the general community wishes are
we're dealing with a community contiguous to this parcel, not the
community as it addresses as we talk about the entire Town of
Southold. I think if you ask Diane Smith or if you ask anybody here
are Bed and Breakfast nice in a community, are they nicer than
having near flashing neon signs? I don~t think there's anyone in this
room who would say nay to them. Now, is this driveway accessible to
fire and police? That's another consideration. It's a 15 foot
driveway and does that meet the standards? Now, I understand that
the right-of-way and you'll see from that deed it's 50 foot
right-of-way. But then what are we going to do, make it wider and
pave it and make it something that nobody here bargained for. Now,
additionally this is a private community. By private, I don~t mean
that there's a gate or anything else, but this, this is land that's
sound front property, it's unique. If there was ever unique
property this is it and we're impacting on that and we're hurting.
MR. CHAIRMAN: When you
applicant.
HARVEY ARNOFF: Absolutely,
refer to it, you're referring to the
I~m referring to the application.
Page ~,9 -Hearing Transc~
Regular Meeting - June 8, 199~
Southold Town Board of Appeals
MR. CHAIRMAN: Not necessarily to Ms. Smith's property?
HARVEY ARNOFF: No. Now, the district that this is going to be
placed in, I understand that the Town Code says "AC and all the R
Districts" I believe and I don't think, I think that's it, "you can
put a Bed and Breakfast". Is this and this is an R 80 District,
suitable? This particular district and this is a consideration that
you can make on your Special Exception Standard, is it suitable for
this intended use and it's not. I think it's not for many reasons.
You have limited traffic patterns. Now, how many beds, how many
rooms are we going to have? Are we going to have, we have an
application here for as many as the Code will permit. That's what the
application reads. Now it's interesting that in 1985 in a letter to
Mr. Orlowski, then Chairman of, I believe still, well then Chairman
of the Planning Board, Mr. Hanauer seemed to stress the fact that he
wanted this kept private and we've had to post a private property
sign to the East End of Soundview Avenue to deter people from
entering the right-of-way of our driveway cause people, motor bike
riders use this 10 foot road we constantly have to chase them off our
property and then it opposed the widening, he opposed the widening
of the road at that point. It was a subdivision application to 15
feet. Again in 1987 and by the way these are part of Town Records
and I have copies of them but if the Board does and wishes my
copies, I, maybe Mrs. Kowalski can copy them during the break or
something or Iql get them to you today.
MRS. KOWALSKI: Iql copy them or Iql give them back to you.
· Page 50 -Hearing Transc~
Regular Meeting - June 8,~1991~
Southold Town Board of Appeals
HARVEY ARNOFF: I can give them to you, you copy them and mail
them back.
MRS. KOWALSKI: OK.
HARVEY ARNOFF: Again in 1987 Mr. Hanauer again said, "1'11
provide a road of 15 foot. We are the only residence at the end of
the road who had to post a private property sign," and you'll see
that very clearly depicted on those photographs. "Now, we are
constantly bothered by people disregarding the sign speeding around
our circular driveway in front of our house and back out to the
public road. We are reluctant to do anything that will further
encourage this invasion of our privacy." "This invasion of our
privacy", these are the Hanauers in 1987. "And feel that we~ve
provided sufficient access and clearance for all emergency
vehicles". Now, Iql hand out those letters. I excerpted those
letters but certainly if, they're addressed to minor subdivision and
not this application. Now, I don't have much more and I know you
said five minutes, I~m trying and I think Mr. Goehringer knows that
I can say good morning in five minutes so weql just deal with that
and I think his comments were addressed to me. Clearly, Diane Smith
who enters and exits her property and only has to worry about the
Hanauers and their casual guests who come to visit them, will have
far more to worry about on her entrance and exit to her property
and there will be more traffic clearly in front of her property.
That's unavoidable and if the proposed legislation which I understand
is being kick around now in the Legislation, Legislative Committee is
'Page 51 -Hearing Transc~
Regular Meeting - June 8, 1994
Southold Town Board of Appeals
passed, this could be expanded to five or six rooms I believe and
since he has asked for all that they could get Diane Smith could be
next to a six room Bed and Breakfast and there would be nothing
this Board could do to prevent that and despite the protestations
perhaps in the Hanauers, "Oh! no!, we only want two or three", but
when they sell their property what then?
MR. CHAIRMAN: Can I just comment on that.
HARVEY ARNOFF: Yes.
MR. CHAIRMAN: In the application before us is for three. Two now
with the possible addition to a third.
HARVEY ARNOFF: One of the copies of the application that I
originally saw said "as many as we can get".
MR. CHAIRMAN: Yes, but I mean that's what's before us now. We
have a floor plan.
HARVEY ARNOFF: According to the Code they want as many as they
can and that's three under our present Code.
SANFORD HANAUER: Present Code.
HARVEY ARNOFF: Right, that's present Code. What you have here is
virtually the entirety Bills will be, if you prove this you have
virtually the entirety Bills will be impacted by opposing it. You
have 50 signatures, saying "No" and you're going to say, if you say
yes, then what does anyone whose going to purchase property in the
Town of Southold, what message are we sending out? Are we sending
out that you want to buy in this community, are we going to
disregard what's in that community, or what's in that area or the
'Page 52 -Hearing Transc~
Regular Meeting - June 8, 1991~
Southold Town Board of Appeals
character of that area and change it despite the fact that you're
relying on that, on, on the beauty of our shore line, the beauty of
these homes and I'm not implying that the beauty of the Hanauer's
home will be effected in any way, I~m sure it will be enhanced.
That's not the issue here~ The issue is, is the negative impact on
all the people in the area. It's interesting because I believe that
if this application is approved then there are certain tax benefits
that can run to everyone in this town who owns a single family
dwelling and I believe that everyone in this town who owns a single
family dwelling in any district from AC to R 80 is entitled to a Bed
and Breakfast and gentlemen, that's not what we want in the Town of
Southold. Thank you.
MR. CHAIRMAN: I just have two quick questions.
HARVEY ARNOFF: Yes sir.
MR. CHAIRMAN: When you're referring to landlock you're referring
to the Hanauer's property being landlocked or Diane Smith?
HARVEY ARNOFF: No, I'm not. I~m talking that Diane Smiths is
landlocked, it has no access other than the right-of way over the, it
has 50, 50 foot deed, you'll see it in the deed. It's a 50 foot deed
in right-of-way and there's an issue as to whether or not she would
have to consent to this application in any event as to increase
traffic over her right-of-way, but that might be something for the
Supreme Court and not for this.
MR. CHAIRMAN: You're referring to as a deed restriction in the
original deed?
· Page 53 -Hearing Transc~t
Regular Meeting - June 87~199~
Southold Town Board of Appeals
HARVEY ARNOFF: Yes.
MR. CHAIRMAN: OK.
MEMBER DINIZIO: Can I make a comment, Jerry?
MR. CHAIRMAN: Yes. I want to make one more statement and a, you
of course know that I've known you for a long time and I do
understand what you're saying and so on and so forth, but I only
ask you to think about this one thing and that's what concerns me
about this application and I may be down playing this in reference to
dollars but if we were not talking about an $800,000 house, you
know, that's being impacted, actually two $800,000 houses, maybe
$1,000,000 houses, maybe $1,500,000 houses.
HARVEY ARNOFF: Possibly, depending on, with luck any increase in
market, yes.
MR. CHAIRMAN: Right. Would there be that amount of concern?
Would we all be here based upon that situation?
HARVEY ARNOFF: I think if you, if you reduced this to $100,000
neighborhood, I don't know that it's any different. If the people in
that neighborhood feel that it will impact upon them, yeah, I think
that, but you'd have to, see I don't know that, the answer is there
is no generic answer because quite candidly it depends upon the
specifics of each application. There are areas here which and I would
venture to say that a Bed and Breakfast in a $750,000 million dollar
home area might go very well. It might be quite acceptable and you
might not get the community opposition, but that's my position that
this Board has discretion, a great deal of discretion under that
· Page 5ti -Hearing Transc~
Regular Meeting - June 8,~q99t[
Southold Town Board of Appeals
Special Exception Permit and this is, this is an instance when it
should exercise that discretion denying. I don't know ....
(Start of a new tape- discussions amongst themselves)
MEMBER DINIZIO: I merely want to point out something, a fact to
you, that the proposal before the Code Committee is a lot more
extensive then what you had indicated. Certainly, one proposal is
that Mr. Hanauer would have this as a right just by going down to
the Building Department getting the $50 permit.
HARVEY ARNOFF: I know that and I would hope that the community
at large comes out at this public hearing.
MEMBER DINIZIO: I mean, six rooms is one thing, three rooms by
right, by permit, is certainly another.
MR. CHAIRMAN: Two, two, I hope two.
MEMBER DINIZlO: Well, there's, right, it's going back and forth but
I just want you to be aware .........
HARVEY ARNOFF: Oh! I am aware of that, thank you.
SUE HANAUER: I guess it's difficult to follow such a professional
presentation. However, I would like to set just a couple of things
straight. Yes, we did make those applications to protect our privacy.
The privacy issue came from many local people and since we had
posted our new sign where it says "Keep Out Private Driveway" we
have been bothered very little. That problem has been greatly
solved. Also, we had many more people coming down our driveway
looking for Diane Smith than they have going down their driveway
looking for us and that we were speaking with them on Sunday and
· Page 55 -Hearing Transc~
Regular Meeting - June 8,~a~99t~
Southold Town Board of Appeals
this was something that came out in our discussion at that time. The
nature of the kind of an establishment that we wish to run and there
is precedence for this in other Bed and Breakfast across the country
is by appointment only. There will be no sign, there will be by
reservation only, no driving directions will be provided until we
have a paid reservation in advance and we know that those people
are to be expected in our home on a given day. We have no wish to
have a myriad of people riding around our driveway either, and we
are trying to establish a very secluded very special kind of atone to
the Bed and Breakfast if in fact we are allowed to do that. That will
allow our guests as I said before to feel pampered andvery special.
The traffic isn't part of that. For two rooms it's no more than the
guests that I've been having all the years that I've lived in that
house who have just come to stay with me. It's the same thing.
MR. CHAIRMAN: Thank you. Yes Mr. Arnoff and then Doctor.
SANFORD HANAUER: The letters that I have written to Mr. Orlowski
which Mr. Arnoff referred to he only pointed out certain things.
Number 1, the driveway when it was first put in was 10 foot wide,
we were required by the Town to put in a 15 foot wide driveway for
emergency vehicles such as fire engines and so forth and we were
reluctant to do it, but we did it according to code.
MR. CHAIRMAN: Thank you. Dr. Lizewski.
JOSEPH LIZEWSKI: I'd like to speak to both the Zoning Board and
the audience. The local law relation to Bed and Breakfast has been
through the Code Committee and it's, it's going to be up for a public
· Page 56 -Hearing Transc~
Regular Meeting - June 8,b~'~'199u,
Southold Town Board of Appeals
hearing and one of the things that it says is that Bed and Breakfast,
there's a minor Bed and Breakfast coming through which is done by
right and when you're in this position you don't usually see a lot of
people at these hearings but I think a lot of people should start to
realize that there's a lot of things going on in this town and they
should come to these hearings because they're going to have impact
on the entire town. What this does is very simple. A minor, the
renting of less than three rooms in an owner occupied dwelling
providing the service of breakfast to casual transient roomers
provided the rental of six rooms for such purposes ( ) incidentals (
) the principle use of the dwelling. Then there's a few minor things,
like smoke alarm on each floor, two exits in the dwelling, you know,
identification sign no longer than 2 feet and a few minor things, but
this is going to become of right in this town which means that
basically you can go to Nassau Point, anywhere in this town and have
a dwelling such as these people are asking for by right. This is
going to go into your code and I think that, that people in this town
ought to read their legal notices and I think they ought to be
alerted to what is going on and if there is an objection by them I
think they should speak about it because once this law is passed the
ZBA won't have to hear this anymore. This is going to a matter of
right. There's not going to be anybody coming in here to make this
kind of application. You can go to the Building Department and get
this by right so there's a lot of changes being made. Some maybe to
Page 57 -Hearing Transc~
Regular Meeting - June 8, 199~
Southold Town Board of Appeals
the good and some maybe to the bad, but I think the people in this
community ought to start participating. Thank you very much.
MR. CHAIRMAN: Thank you doctor. Mr. Hanauer.
SANFORD HANAUER: Yes.
MR. CHAIRMAN: Can I just clear one thing up before you get into
that point. Is this application before us for two or three units? I
know you explained that.
SANFORD HANAUER: Two with a future three.
MR. CHAIRMEN: Two with a future three. OK, go ahead.
SANFORD HANAUER: Our application is based on the existing Code
right now. We were not aware of, of the ---
MR. CHAIRMAN: Well that's not past you anyway, and there's,
there's you know a 60 day waiting period and then you have to file
with the Secretary of State and so on and so forth and so I thank
you. Is there anybody else as a spokesperson in this group that
would llke to speak against this application? Yes slr.
RONALD McCREEVY: My name is Ronald McCreevy. I live on Lloyds
Lane which is basically an extension of Soundview Avenue and I did
own a house quite close to the Hanauer~s house. These people have
bought this property and have wanted to maintain it very privately.
Everything had to be private. The signs, trespassing and
everything. But now it seems they can turn around and effect
everybody else's privacy along this road. It's a very prestige area,
it's always been a residential area. To come along now, put a Bed
and Breakfast I think it's going to ruin the whole neighborhood. It's
· Page 58 -Hearing Transcr~
Regular Meeting - June 8,~991~
Southold Town Board of Appeals
definitely going
have to put in
value is lowered.
to effect property value. The people probably will
to have their taxes reduced because the property
Also, along Soundview Avenue for whatever reason,
it's very difficult to sell any property in front of water. This is
going to make it even harder. Thank you.
MR. CHAIRMAN: Thank you. Is there anybody else? OK. Any other
questions the Board may have?
MARION KUEGLE: I~0 years ago we built a little house on Soundvlew
Avenue and since that time I've always enjoyed the quite and
relaxation, the air, the area and to me something like this is just
going to take all that away. We have problems enough now with
traffic on that street. It's constant and this will only add to it
and one more thing I feel that this will set up a precedence. Now we
have another piece of property on that street that goes along to
Cedar and all these years I've kept my fingers crossed that nobody
would come along and put a motel there.
MR. CHAIRMAN: Thank you. Any questions from Board Members?
None. Hearing no further questions we thank everybody for their
courtesy. Could you just use the mike Ma'am because you're kind of
far back there. State you name for the record, thank you.
DIANE SMITH: I am Diane Smith and I would just if, if it's not too
much to ask, to show hands of the people that are here against this
petition the Hanauers are going through.
Page 59 -Hearing Transcrl~
Regular Meeting - June8,1B1~99~,
Southold Town Board of Appeals
MR. CHAIRMAN: Anybody like to raise their hands? Thank you. OK,
again thanking everybody for their courtesy and for the
spokespersons that did speak and for the Hanauers. Yes.
SANFORD HANAUER:I want to clear one item. When the Smith's enter
The right-of-way to the property they immediately turn to the left to
go down their driveway which is exactly about 20 feet so their not
really going over to the rest of the driveway.
MR. CHAIRMAN: OK. Thank you. Again, hearing no further comment
I'll make a motion closing the hearing reserving decision until later.
MEMBER DINIZIO: Second.
MR. CHAIRMAN: All in favor?
MEMBERS: Aye.
9:08 P.M.
MR. CHAIRMAN: Appl.
for a variance under
No. u,240 = JOHN CROKOS. This is a request
Article XXIX, Section 100-239.4A based upon
the May 4, 1994 Notice of Disapproval from the Building Inspector for
permission to locate swimming pool with fence enclosure within 100
feet of the bluff along the Long Island Sound. This property was the
subject of prior Appeals under Appl. No. ~204 as rendered 12/8/93
and Appl. No. 4140 as rendered 2/23/93. The subject premises is
improved with a single family dwelling and contains an area of
approximately 40,000 sq. ft. Location of Property: 2110 Grand View
Drive, Orient, N.Y., Lot No. 7 on the Map of Grand View Estates;
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 i
BOARD OF APPEALS, at!
the Southold Town Hall,
53095 Main Road, Southold, I
on
New York 11971, I
WEDNESDAY, JUNE 8,
1994, commencing at theI
times specified below: ~J ' I
1. 7:30 p.m. Appl. No. 4235- i
KlM FALLON AND CYN-
THIA SUTRYK. (Hearing
Continued from May 4, 1994),
This is a request for a variance
based upon the April 4, 1994
Notice of Disapproval from
the Building Inspector to
locate accessory building in.
the front yard area. Location
~.~.-of Property: 3200 Soundvi~
Avenue, Mattituck, NY; Coun-
ty Tax Map Parcel
1000-94-2-5.
2. 7:35 p.m.~ppl. No. 4234-
ALEX AND MARION
WIPE (Hearing Continued
from May 4, 1994). This is a
request for a variance under
Article III, Section 100-33C
for permission to locate an ac-
cessory garage with a fron-!
tyard setback at less than the i
required 40 ft. front yard set-
back. This parcel is noncon-,
forming with a lot area of ap-
proximately 22,000 sq. ft. and
frontage of 118 ft. Location of
Property: 940 West Creek
Avenue, Cutchogue, NY;
County Tax Map Parcel No.
1000-~03-13-7.
3. 7:40 p.m. Appl. No. 4246- i
LKC CORP. and JASTA,
INC. This is a request for a
Special Exception for permis-
sion to establish a drinking
establishment'use as listed
under Article XI, Section
100-10lB in an existing prin-
~....~;ipal building. The subject
premises is nonconforming
with a lot area of approx-
imately one-half acre and
115+ ft. frontage along the
north side of the Main Roa'd
_and is located in the B-General
Business Zone District. Pro-
perty Address: 6955 Main
Road, Laurel, NY; County Tax
1~O7:50 p.m. Appl. No. 4245-
RGE AND SUSAN
TSAVARIS. This is a request
for a variance under Article
XXIII, Section 100-239.4A for
permission to locate swimm-
ing pool with fence enclosure
within 100 feet of the bluffof
the Long Island Sound. Loca-
tion of Property: 2170 The
Strand, Lot I11 at Pebble
Beach Farms, East Marion,
NY: Parcel ID No. 1000-30-
2-53.
5. 7:55 p.m. Appl. No.
4244SE- DEPOT ENTER-
PRISES, INC. This is a re-
quest for a Special Exception,
as amended, to include ap-]
proval for the location and use
of a proposed addition to the
existing principal building
located at 320 Depot Lane,
Cutchogue, New York The
proposed addition is an expan-
sion of the existing recrea-
tional membership club and is
located in the Residential-
Office (RO) Zone District.
~Property ID No.
6. 8:05 p.m. Appl. No. 4249-
SANFORD AND SUE
HANAUER. This is a request
for a Special Exception to
establish and operate a Bed
and Breakfast in accordance
with the provisions of the zon-
ing code at Article III, Section
100-31B(15), with owner-
occupancy, and as an ac-
cessory to'the existing prin-
cipal residence. Location of
Property: 4105 Soundview
Avenue, Mattituck, NY; Coun-
ty Tax Map Parcel No~
1000-94-3-part of 1.7, also
known and referred to as Lot
No 2 on the Subdivision Map
of Robert and'3ean Len~erJ
7. 8:10 p.m. Appl. No. 4240-
JOHN CROKOS. This is a re-
quest for a variance under Ar-
ticle XXIX, Section
100-239.4A based upon the
May 4, 1994 Notice of Disap- ~
proval from the Building In- i
spcctor for permission to
locate swimming pool with
fence enclosure within 100 feet
.~.~f the bluff along the Long
Island Sound. This property
was the subject of prior Ap-
peals under Appl. No. 4204 as
rendered 12/8/93 and Appl.
No. 4140 as rendered 2/23/94.
The subject premises is im-
proved with a single-family
dwelling and contains an area
of approximately 40,000 sq. ft.
(total lot area). Location of
Drive, Orient, ~ Lot No. 7
on the Map c~rand View
Estates; County Tax Map
Parcel No. 1000-14-2-3.11.
8. 8:15 p.m. Appl No. 4241-
RICHARD LAN. This is a re-
quest for a variance under Ar-
ticle ILIA, Section 100-30A.4
(ref. Article III, Section
100-33) based upon the May 4,
1994 Notice of Disapproval
from the Building Inspector in
a building permit application
to construct pool and deck in
the front yard area, as an ac-
cessory use. Location of Pro-
perry: 230 Bridge Lane, Cut-
chogue' NY; County Tax Map
Parcel No. 1000-111-15-1.4 and
1.5 ('Pax Map Parcel No. 1.4
totals 2.478 acres and Parcel
No. 1.5 totals 1.088 acres). The
subject premises is located in
an R-40 Low-Density Residen-
tial Zone District.
9. 8:20 p.m. Appl. No. 4243
-- MOORE'S LANE
HOLDING CORP. This is a
request for a variance under
Article V Section I00-53B,
Section 100-31C (ref. Section,
100-33), and Section 100-231,
based upon the May 4, 1994
Notice of Disapproval from
the Building Inspector for per-
mission to locate acessory uses
(tennis court, swimming pool
and pool clubhouse) in an area
other than the required rear
yard, and with tennis-court
fencing at a height of more
than four feet when located in
a front yard area. Location of
Property: 475 CedarfieldsI
Drive' Greenport, NY; Court- ]
ty Tax Map Parcel No.
1000-40-5-1.42. The subject[
premises is located in the
Ham~T~-i-Density Zone District
10. & 11. 8:25 p.m. TONY
AND MARIA KOSTOULAS.
Location of Property: 1035
Aquaview Avenue, East
Marion, NY; County Tax Map
Parcel No. 1000-21-2-13. This
property is r~onconforming as
to total lot area in this R-40
Zone District.
Appl No. 4098 - (Continued
Hearing) This is a request for
a variance under Article
XXIII, Section 100-239.4 for'
approval of a deck extension
located within 100 feet of the
bluff of the Long Island!
Sound.
12. 8:35 p.m. AppL 4247-
HUGH T. and CAROL L.
CONROY. This is a request
for a Special Exception to
establish an Accessory Apart-
ment in conjunction with the
owner's occupancy within ex-
isting residence as authorized
under Article III, Section
100-30A.2B and Section
100-31B(14) of the Zoning
Code. Location of Property
'Westerly side of Gin Lane~J
Southold, NY; also referred to
as Lot No. 2 on the Subdivi-
sion Map of Bay Haven filed
in the Suffolk County Clerk's
Office as Map 2910; further
identified on the County Tax
Maps as 1000-88-3-6.
13. 8:55 p.m. AppL No.
ag'mo_ I~R~,g, ET ~BEST
· -,'d~D A~D ~'L~/~ SY'VERSOI~
This is a request fo(.a varianc~
under Article IliA, Section
100-30.1 based upon the May
2, 1994 Notice of Disapproval
by the Building Inspector for
approval of the proposed in-
sufficient lot area and insuffi-
cient lot width of proposed
Parcels No. 1 and No. 2. Loca-
tion of Property: Pr. iyate Road
No. 17 extending off the
easterly side Of Camp Mineola
Road, Mattituck, NY; Coun-
ty Tax 'Map Parcel No.
1000-123-6-17. The .subject
premises contains a total lot
area of approxi/nately 1.2[
acres in total area and is
located in the R-40 Low-I
Density Residential zone
District.
The Board of Appeals will
at said time and place hear any
and all persons or represen-
tatives desiring to' be heard in
the above matters. Written
comments m~y also be sub-
mitted prior to the conclusion
of the subject hearing. Each
hearing will not start before
the times designated above. If
you wish to review the files or.
need to request more informa-
tion, please do not hesitate to
call 765-1809 Or visit our
office. ,
Da~ed: May 23, 1994
BY ~ORDER OF THE
SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRINGER
CHAIRMAN
Appl No. 4248- This is a re, I By: Linda Kowaiski
IX-5/26/94(40)
quest for a variance under Ar- ~ '.
ticle ILIA, Section 100-30A.3
for approval of a deck addi-
tion with insufficient side yardi / -o~,, 5"' 5--
COUNTY OF SUFFOLK
STATE OF NEW YORK
Patricia Wood, being duly sworn,
says that she is the Editor, of the
TRAVELER-WATCHMAN, a public
newspaper printed at Southold, in
Suffolk County; and that the notice
of which the annexed is a printed
copy, has been published in said
Traveler-Watchman once each week
for Z
............................. weeks
success~vely, commencing on the
..~..~. to before me on this
.. .day of
Notary Public
BARBARA k $CHNBD£R
NOTARY PUBUC, State of
No. 4806846
Qualifiod in Suffolk
Commission E~pir~
NOTICE O
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 thc Southold Town
Hall 53095 Main Road, Southold,
New Yo~k 11971, on WEDNESDAY,
JUNE 8, 1994, commencing at the
time specified below:
1. 7:30 p.m. AppL No. 4235 --
KlM FALLON and CYNTHIA
SUTRYK. (Hearing Continued from
May 4, 1994). This is a request for a
variance based upon the April 4, 1994
Noticc of Disapproval from the
Building Insp~ator to locate accessory
building in the front yard arcs.
Location of Proper~y: 3200 Soundview
Avenue, Matliluck, NY; County Tax
Map parcel 1000-94-2-5.
2.7:35 p.m. Appl. No. 4234 --
b~.~_.~ lot area of appro~,,ely
2w~,t~)~ sq. ft. and frontage ot~18 ft.
3. 7:40 p.m. Appl. No. 4246 --
LKC cORP. and JASTA, INC. This
is a request for a Special Exception for
permission to establish a drinking
establishing usc as listed under Article
XI, Section 100-10lB in an existing
principal building. The subject prcm~s~
approximately one-half acr~ and I
ft. frontage along the north side of the
Main Road and is located in the R~
General Business Zone District.~o
Proper~y Address: 6955 Main Road,
Laurel, NY; County Tax Map No.
1000-122-6-36.
4.7:50 p.m. Appl. No. 4245 --
GEORGE and SusAN TSAYARIS.
This is a request for a variance under
Arlicle XXII. Section 00-239.4A for
the bluff of the Long Island Sou0d.
Location of Property: 2170 The
Farms, East Marion, NY; Parcel ID
No. 1000-30-2-53.
5. 7:55 p.m. Appl. No. 4244SE --
DEPOT ENTERPRISES, INC. This
is a request for a Special Exception. as
amended, 1o include approval for the
tion to the existing principal bu0ding
located at 320 Depot Lane. Cut~l~ogu~,
New york. The propos:idst~dnd't~::r~s.
ational membership club and is located
in the Residential-Office (RO) Zone
District. propeay ID No. 1000-102-2-
6. 8:05 p.m. Appl. No. 4249 --
SANFORD and SUE HANAU]~R.
This is a request for a Special Excep-
tion to establish and operate a Bed and
of Properly: 4105 Soundview Avenue.
Mattituck, NY; County Tax Map
parcel No. 1000-94-3-part of 1.7, also
the Subdivision Map of Roherl and
7. g:10 p.m. Appl. No. 4240 --
JOHN CROKOS. This is a request
Section 100-239.4A based upon the
May 4. 1994 Notice of Disapproval
from he Bu ding Inspector for per-
mission to lecate swimmingpool with
fence enclosure within 100 feet of thet
bluff along the Long Island Sound.
This property was the subject of prior
Appeals under Appl. No. 4204 as ren-
dered 12/8/93 and Appl. No. 4140
rendered 2/23/93. The subject premts-
es is improved with a single-fanrily
approximately 40,000 sq. ft. (total lot
area). Location of Property: 2110
Estates; County Tax Map Parcel No.
8. 8:15 p.m. Appl. No. 4241 --
RICHARD LAN. This is a request for
a variance under Article IliA. Section
100-30A.4 (ref. Article Ill, Seclion
100-33) based upon the May 4, 1994
Notice of Disapproval from the
Building Inspector in a building permit
'- application to construct pool and deck
use. Location of ProporvJ: 230 Bridge
Lane. Cmchogue. NY; County Tax
Map Parcel No. 1000-111-15-1.4 and
1.5 (Tax Map Parcel No. 1.4 totals
2.478 acres and Parcel No. 1.5 totals
1.088 acres). The subject premises is
9. 8:20 p.m. Appl. No. 4243 --
MOORE'S LANE HOLDING
CORP. This is a request for a variance
under Article V Section 100-53B,
Section 00-31C (ref. Section 100-3~),
Coun~ Tax Map parcel No. 1000.40-
Sound.
T. a~t ~AROL L. cONROY. This iS
t6CC
~ duly sworn, says tna~
~l~f THE SUFFOLK TIME~. a
~en~. published at Mattituck. in
luthuld, County of Suffolk and
~Ik, and that the Notice of which
printed copy, has been reguisx-
~dd Newspaper once each week
[s successively, com. mencing on
· Principal Clerk
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Richard C. Wilton
BOARD OF APPEALS
TOWN OF SOUTHOLD
May 24. 1994
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1809
TO: Applicants
RE: Public Hearings - June 8. 1994
Dear Sir or Madam~.
We are in receipt of your recent -application under the Southold~ Town'Zoning
Ordinance and. have forwarded notice for publication this week to the,local and
official newspapers of the~Town, to wit: Long Island Traveler and Suffolk
Times.
Copies of your file have been distributed to the.Board Members for additional
review, and individual on-site inspection; expected within-the next 10 to 14
days. .If ..... k ...... * --~,--,~,~,, ~*--~-~-~ ,k,, p ~ .......
~ak Li,~L you pi ' me iatel .
It is requested that one of the property owners, or if the property owner is
not available~ then someone, fully familiar with the property, appear .at the
public hearing-at, the time specified in the attached Legal, Notice. If your
presentation, should be lengthy, a draft or final written copy is always
appreciated. You should feel free to submit additional documentation to
support this application.at any time before, or during, the public hearing~
Please do not hesitate to call our office if you have questions concerning
your application or related matter,
Yours very truly.
Linda Kowalski
Clerk, Board of Appeals
Enclosure
Copies of Legal Notice~nt to the followincj 5/24/94:
Cynthia Sytruk and Klm Fallon
55 Harbor View Avenue
Mattituck. NY 11952
Mr. and Mrs. Alex Wipf
940 West Creek Avenue
Cutchogue, NY 11935
LKC Corp.
P.O. Box 843
Jamesport, NY
11947-0843
Mr. and Mrs. Georcje Tsavaris
2170 The Strand
P.O. Box 385
East Marion, NY 11939-0385
Dr. Joseph Lizewski
Depot Enterprises. Inc.
320 Depot Lane
Cutchogue. NY 11935
Mr. and Mrs. Sanford'Hanauer
4105 Soundview Avenue
P.O. Box 281
Mattituck, NY 11952-0281
Attn: Keith
Keller-Sandgren, Associates
10 Mineola Avenue
Roslyn Heights, NY 11577
Mr. James Fitzgerald
P.O. Box 617
Cutchocjue, NY 11935-0617
Moore's Lane Holding Corp.
P.O. Box 1143
Cutchocjue, NY 11935-1143
Patricia C. Moore. Esq.
P.O. Box 23
Westphalia Road
Matt~tuck. NY 11952-0023
Mr. and Mrs.
380 Gin Lane
Southold, NY
Hugh T. Conroy
11971
Dr./Mrs. Robert Hariri
61 Lafayette Avenue
Chatham, NJ 07928
Scheffs Trust
3100 Soundview Avenue
Mattituck. NY 11952
M/M Demetrio Laveglia
97-24 116th Street
Richmond Hill, NY 11419
Copies to TB. BD. PB. TA Departments
APPEALS BOARD M~lVIBERS
Gerard P. Geehringer, Chnirman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Richard C. Wilton
Telephone (516) 765-1809
BOARD OF APPEAI.~I
TOWN OF SOUTHOLD
SI/QRA UNLISTED ACTION DECLARATION
Town Hall, 53095 Main Road
P.O. Box 1179
Seuthold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
Ray 20, 1994
Appeal No. 4249 Project Name: Sanf0rd and Sue Hanauer
County Tax Map No. 1000- 94-3- p/0 1.7
Location of Project: 4105 S0undview Ave. , Mattituck, NY
Relief Requested/Jurisdiction Before This Board in this Project:
Establish and operate 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.
{ } this Board has taken jurisdiction as Lead Agency, has deemed
this Board of Appeals application to be an Unlisted SEQRAAction, 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
Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809.
of
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1801
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
TO:
FROM:
Southold Town Zoning Board of Appeals
Judith T. Terry. Southold Town Clerk
DATED: May 23, 1994
RE:
Zoning Appeal No. 4249 - Sanford and Sue Hanauer
Transmitted herewith is Zoning Appeal No. 4249 of SANFORD AND
SUE HANAUER for a special exception. Also included is: Notice to
Adjacent Property Owners; Short Environmental Assessment Form;
ZBA Questionnaires (2); survey; plans; copy of deed; and copy of
Certificate of Occupancy. dated September 29. 1987.
Judith T. Terry
Southold Town Clerk
The N.Y.S. Environmental Quality Review Act requires submission
of this form, and an environl~ental review will be ~.ade by this board
before any action is taken.
SHORT ENVIRONMENTAL 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
Will project result in a large physical change
to the project site or physically alter more
than 10 acres of land?
Will there b~ a major change to any unique or
unusual land form on the site?
Will project alter or have a large effect on
an existing body of water?
Will project have a potentially large impact on
groundwater quality?
Will project significantly effect drainage flow
on adjacent sites?
Will project affect any threatened or endangered
plant or animal species?
Will project result in a major adverse effect on
air quality?
Yes ~/No
Yes /No
Yes /No
Yes /No
Yes ~/No
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 JNo
9. Will project adversely impact any site or struct-
u=e of historic, pre-historic, or paleontological
importance or any site designated as a critical
envircamental area by a local agency? Yes ~/No
· 10. Will project have a m~jor 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?
Will project regularly cause objectionable odors,
noise, glare, vibration, or electrical disturb-
ance as a result of the project's operation?
12.
Yes ~No
Yes ~/No
13. Will project have any impact on public health
or safety? Yes J No
14. Will project affect the existing community by
directly causing a growth in permanent popula-
tion of more than 5 percent over a one-year
period or have a major negative effect on the
character of the community or neighborhood?
Date:
Yes W/No
15. Is there public controversy concerning the
project? ~~ Yes ... No
·
Preparer,s Signature:
Representing.._~/~ ~- j,-~
ZBA ~/75
QUESTIONNAIRE
FOR FILING WITH YOUR Z.B.A. APPLICATION
A. Please disclose the names of the owner(s) and any other
individuals (and entities) having a financial interest in the
subject premises and a description of their interests:
(Separate sheet may be attached.)
B. Is the subject premises listed on the real estate market for
sale or being shown to prospective buyers? { } Yes
{~/} 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?
2. Are the wetland areas shown on the map submitted with
this application?
3. Is the propertl~ bulkheaded between the wetlands area and
the upland building area?
4. If your property contains wetlands or pond areas, have
you contacted the Office of the Town Trustees for its
determination of jurisdiction? ~,
· E." Is there a depression or sloping elevation near the area of
proposed construction at or below five feet above mean sea
level? ~ (If not applicable, state "N.A.")'
F. Are there any patios, concrete barriers, bulkheads or fences
which exist and are not shown on the survey map that you are
submitting? ~a If none exist, please state "none."
G. Do you have any construction taking place at this time
concerning your premises? ~ If yes, please submit a copy
of your building permit and map as approved by the Building
Department. If none, please state.
H. Do you or any co-o~ner also own other land close to this
parcel? ~ If yes, please explain where or submit copies
of deeds.
parcel
proposed use
Please list present use or operations conducted at this
;~,~/~r~ ~,~o¢c~ and
A~horize~Si~nature and Date
3/87, 10/901k
TAX MAP
DESIGNATION
Dm, 1000
Sec. 094.00
Blk 03:00
Lot(~):
0Ol. ooq
CONSULT YOUR ~I,AWYEI~ BF.~.ORE SIGNING THIS INSTRUMENT--THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY.
39078
~ IND~ made the
25th day of June
· nineteen hundred and eighty-four
ROBEKr I]~ZbMR & JEAN LENZNER, his wife, both residing at
party of the first part, und
SANFORD H~/~ALMR a SLE B. HANAIMR, bis wife, both residing at
2 The Hollows, Syosset, New York 11791
party of the second part,
~ that the party of the first part, in consideration of Ten Dollars and other valuable consideration
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--abei~gi~Xl~l~x at Mattituck, Town of Southold, County of Suffolk
and State of New York, bounded and described as follows:
BEGINNING at the intersection of the Northerly line of a 49.5 foot
right of way and the Westerly line of lands now or formerly of
Zimnoski;
RUNNING THENCE South 57 degrees 08 minutes 50 seconds West, along
the Northerly line of said right of way, 208.72 feet;
THENCE North 25 degrees 39 minutes 10 seconds West, 606.33 feet to
Long Island Sound;
TH~.NCE along Long Island Sound by tie line, North 61 degrees 16
~_~.~utes 20 secon, ds East, 201.92 feet to 19_nd' now or ~grmerly of
g lmno~l, * '-
THENCE along said land, South 26 degrees 10 minutes 50 seconds
East, 591.04 feet to the Northerly line of said 49.5 foot right of
way, the point of place of BEGINNING.
TOGETHER with a right of way 49.5 feet in width, running from Sound
View Avenue along land of the sellers and along the Southerly line
of the premises herein described for access between said premises
and Sound View Avenue and the installation of utility lines and
mains.
Being and int~c~d to be the s~m~ pr~mq ses conveyed to the party of the first part
by deed dated March 13, 1970 and recorded on March 16, 1970 in the Suffolk County
Clerk's Office in Liber 6717 of conveym~ces at Page 269.
TOGETHER with all right, title and interest, if any, of the party of the first part in and to any stre~s and
roads abutting the above described premises to the center lines thereof; TOGETHER wkh the appurtenances
and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO
HOLD the premises herein granted unto the party of the second part, the heirs or successors and a~signs 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 9remises 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 et
.the first part will receive the consideration for this conveyance and will hold the right to receive such consid-
eration 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 WI-I'NF.,~ %VHF~F, the party of the first part has duly executed this deed the day and year first above
written.
~A~.o~ NgW VOt~ COUNW O~ SUFFOLK
o e,Z7r 1987
~r~ly~ ROBERT LENZNER &
JEAN LENZNER
to me known to be the individual described in and ~.ho
executed the foregoing instrument, and acknowledged that
STATI OP NEW YOLK, ¢OUN?¥ OF
On the day of 19 before me
personally came '
to me known, who, being by me duly sworn, did depose and
=3y that he resides at No.
that he is the
of
, the corporation described
in and which executed the foregoing' instrument; that he
knows the seal of said corporation; that the' seal affixed
to said instrument is such corporate seal; that it was so
affixed by order of the board of directors of said corpora-
tion, and that he signed h name t tereto by like order.
STA~ OP NIW TOllr. COUNTY OF
On the day of
personally came
19 , before me
to me Imown to be the individual described in and who
executed the foregdng instrument, and acknowledged that
STATW OF NeW YOIUL COUNTY OF si:
On the day of 19 , before me
personally came
to me known, who, being by me duly sworn, did depose and
sa), that he resides at No.
that he is the
of
, the corporation described
in and which executed the foregoing instrument; that he
knows the' seal of said corporation; that the seal affixed
to said instrument is such corporate seal; that it was so
affixed by order of the board of directors of said corpora-
tion, and that he signed h name thereto by like order.
TrrLe NO.
ROBERT LENZNER &
JEAN LENZNER
SANFORD HANAUER &
SUE B. HANAUER
northeast region
SECTION
BLOCK
lOT
COtlNTY OR
RETURN BY MAIL TO:
Mr. Frederick J. Tedeschi,
218 Fro nt St
PO Box 562
Greenport, NY 11944
Z,p No
Esq
FOF, M NO. 4
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
Office of the Building Inspector
Town Hall
Southold, N.Y.
Certificate .Of Occupancy
No. Z-]6211 September 29, 1987
................. Date ................
THIS CERTIFIES ildi ONE FAMILY DWELLING
that thebu ng.... ........................................ . ...
Lo of P ty 4105 SOUNDVIEW AVENUE MATTITUCK, NEW YORK
cation roper ..................
House No. ' ...... ' .....................................
Street Hamlet
County Tax Map No. 1000 Section · .........094 ' ~..Block ...0.3. .......... Lot...p./.o., !...l .......
Minor
Subdivision Robert & Jane Lenzer 2
............................... Filed Map No ......... Lot No ..............
conforms substantially to the Application for Building Permit heretofore filed in this office dated
September 17, 1984 13944 Z
........................ pursuant to which Building Permit No ......................
dated May 15, 1985
.............. ... .............. 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, ATTACHED 2 CAR GARAGE & DECKS
SANFORD & SUE HANAUER
The certificate is issued to ..................... fo'~;n~;,'t~;~&~l~ ....................
of the aforesaid building.
Suf~lk County Department of tiealth Approval ! 4 - SO- 140
UNDERWRITERS CERTIFICATE NO ............... ~?.3.~ 0§. ...........................
PLUMBERS CERTIFICATION DATED: January 16, 1986
~' ~m'l ding Inspector
Rev. 1/81
APPEALS BOARD MEMBERS
C~rsrd R Goehringer, Chairman
Ser~e Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Richard C. Wil~on
Telephone (516) 765-1809
BOARD OF APPEALS
· TOV~N OF $OUTHOLD
SCOTT L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fsx (516) 765-1823
Telephone (516) 765-1800
QUESTIONNAIRE
Accessory Apartment or Bed and Breakfast with Owner-Occupancy
Names of Individuals or Parties Having an Interest in the
Subject Premises and a description of their Interests:
Name of the Applicant(s) and his/her Residence:
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
~~g shinto prospective, buyers?
lth/~or iz~~r ~and Date ~'/~'~
the subject premises listed on the real estate market for
{'} Yes
TO
SANFORD HANAUER
ASSOCIATES INC.
ESIGNERS
].30 WOODBURY ROAD
WOODBURY, NY 11797
TEL 516-692-4404
FAX 516-692-4480
WE ARE SENDING YOt~Attached
[] Under separate cover
the following items:
[] Shop drawings [] Prints
[] Plans [] Samples [] Specifications
[] Copy of letter [] Change order []
COPIES DATE NO. DESCRIPTION
THESE ARE TRANSMITTED as checked below:
[] For approval
Ar your use
requested
[] For review and comment
[] FOR BIDS DUE
[] Approved as submitted
REMARKS
[] Approved as noted
[] Returned for corrections
[]
[] Resubmit
[] Submit__
[] Return.__
copies for approval
copies for distribution
corrected prints
19__ [] PRINTS RETURNED A~ER LOAN TO US
Thane yn~ a~n Fnw ynlJ~ cnnpe~atinn.
P]pa~ k~p m~ infnrmed.
COPY TO.
-80/'
) A--C
R~EO
JUDITH T. TERRY
TOWN CLERK
REGI~ OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
May 26, 1994
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1801
The Southold Town Board Code Review Committee will meet at
7:30 P.M. Wednesday, June 1, 1994 in the Conference Room
at the Southold Town Hall, Main Road, Southold, New York,
for the purpose of discussing Bed & Breakfasts and Wineries.
Agenda per Councilwoman Oliva attached.
Southold Town Clerk
Town Board
Town Attorney
Chief of Police
Supt, of Highways
Chambers of Commerce
Stewardship Task Force
Victor Lessard
NFEC
Wm. J. Cremers
All Departments
(4) Newspapers
WBAZ Radio Station
News 12
Attachment
Agenda Code Committe June 1, 1994
1. Please review the enclosed draft ordinances for B&B's
Wineries.
LOCAL LAW NO. , 199~-
A Local Law in Relation to Bed & Breakfast Facilities
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
Chapter 100 (Zoning) of the Code of the Town of Southold is hereby
amended as follows:
1. Section 100-13 (Definitions) is hereby amended as follows:
G~) ~NB-En~EA~F~ - The-~enth~g o~ ~ ~than-th~ee
ser~ng-o~ ~a~ ~ ~ ~ tha~s~ ~6) caeua+ a~
t~s~ ree~- ~d~ that the ren~ e~ s~ roe~
~ sa~ ~ ~ e~ ~=a~ sa~~ the
~nc~ us~e~ the d~+~
BED-AND-BREAKFAST, MAJOR - The renting of at least three (3)
rooms but not more than five (5) rooms in an owner-occupied dwellinr~
for. lodging and servincj of breakfast to casual and transient roomers~
provided that the renting of such rooms for such purpose is clearly
incidental and subordinate to the principal use of the dwelling.
BED-AND-BREAKFAST, MINOR - The renting of less than three (3)
rooms in an owner-occupied dwelling for lodging and serving of
breakfast to casual and transient roomers, provided that the rentinrI
of such rooms for such purpose is clearly incidental and subordinatp
to the principal use of the dwelling.
2. Section 100-31A(4) is hereby added to read as follows:
A minor bed-and-breakfast holdln9 a bed-and-breakfast permit
issued 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
cjuest room;
(b)
The dwelling shall have at least two (2) exlts and ther~
shall be a window large enough for emergency egress in
each guest room;
(c) No guest room shall be located in the cellar or on the
third floor of the dwellinq;
(d) Guest shall be prohibited from smokin~ while inside the
dwelling; ,
(e) The identification sign shall be no larger than two (2)
square feet;
(fi
No accessory apartment, as authorized by § 100-31B(11*)
hereof, shall be permitted in or on premises for which a
bed-and-breakfast facility is authorized or exists.
The applicant gives to the Building Department proof of
mailin9 of notice of the proposed use to all adjacent
property owners.
3. Section 100-31B(15) is hereby amended to read as follows:
(~5}-q'-he- ren~.i~ of no4~ mo~e-~han-~hree (3} rooms-k~ a~
~nc~k ~s~oF the d~+~r s~ec~ ~ the ~Ho~n~
~eq~ re~-
(a}=-Ax~-ecr~a~e oFf--si~-.~- )ma~n~j- s~a,~es- she+)-
slmact~s-f~- ehe usa-of ehe Fal~[y- of t~he om~--.-
(15) A maior bed-and-breakfast shall be allowed if it obtains a
bed-and-breakfast permit subiect to the conditions set forth
in § 100-3IA(q), and if it obtains a special exception approval
from the Zonin9 Board of Appeals. In granting a special
exception the ZBA shall require the following:
a. Adequate screenin9 should be provided.
b. Health Department approval.
Co
Adequate off-street parking spaces shall be provided for
such rented rooms in addition to parking spaces for the use
_o,f the family of the owner.
Section 100-q2A(3) is hereby added to read as follows:
(3) Minor bed-and-breakfast subiect to the requirements of
§100-31A(q).
5. Section 100-q2B{3) is hereby amended to read as follows:
(3) Major bed-and-breakfast uses as set forth in and regulated by
§100-31B(15), without site plan approval.
6. Section 100-61B(5) is hereby amended to read as follows:
(5) .Major bed-and-breakfast uses as set forth in and as regulated
by §100-31B(15), without site plan approval.
7. Section 100-7IA(q) is hereby added to read as follows:
Minor bed-and-breakfast uses subiect to the requirements of
§100-31A(~).
8. Section 100-7lB(q) is hereby amended to read as follows:
Maior bed-and-breakfast uses as set forth in and regulated by
§100-31B(15), except that no site plan approval is required.
9. Section 100-91A(1) is hereby amended to read as follows:
(1) Any permitted use set forth in and regulated by §100-31A(1),
(3) and (1~) of the Agricultural-Conservation District.
10. Section 100-91B(5) is hereby amended to read as follows:
(5) Major bed-and-breakfast enterprises or boarding and/or tourist
homes as set .forth and regulated by §100-61B(5) of the Resort
Residential (RR) District, except that no site plan approval is
required.
11. Section 100-101A(1) is ~ereby amended to read as follows:
(1) Any permitted use set forth in and regulated by ~100-31A{1),
(3) and (~) of the Agricultural-Conservation District.
12. Section 100-101B(3) is hereby amended to read as follows:
Ma~or bed-and-breakfast enterprises or boarding and/or tourist homes
as set forth in and regulated by ~100-31B(15) of the
Agricultural-Conservation District, except that no site plan approval
is required.
13. Section 100-131B(13) is hereby deleted in its entirety.
Section 100-131B{l~) is hereby renumbered 100-13lB{13).
15. Section 100-1qlB(2) is hereby deleted in its entirety.
~-3~,= ~m~v~=~ ~o-~e=~ ~pmovn~-i~= ~r-
16. Sectio~ 100-1~B(3) is hereby ren~mbered 100=1~1B(2).
17. Section 100-191A is hereby amended to read as follows:
Type of Use
Bed-and-breakfast enterprise
Major or Minor
Required Number of
Parking Spaces
I space per guest room in add-
ition to residential requirements
II.
This Local Law shall take effect upon its filing with the Secretary of
State.
Overstrike represents deletions.
Underscore represents additions.
COUNTY OF SUFFOLK J~.oJ-- ~ .....
Prope,y Tax Service Agency ....... J
L
JUDITH T. TERRY, TOWN CLERK
' ' Town of $outhold
Southold, New York 11971
Phone: 516 - 765 -1801 DATE
RECEIPT
-050593
19_
[3 CASH BY: ~/ ' )~Z'd~2~'"'"'~
~-~HEcK '~,~ ¢ R ,~ '
BOARD OF APpFALS. TOWN OF SOUTHOLD
to the Board of Appeals of the Town of Southold
NOTICE
TO
ADJACENT
PROPERTY
OWNER
YOU ARE HEREBY GIVEN NOTICE:
1. That iz is the ~de~igned to petition the Board nf Appeals of vhe To~=-~n, of Southold
to, request a (Variance)~pec'~ Exception])(Spe§ial Permit) (Other)/ [~.~_~cle, choic~]o ~
crib ed as2'follows:That the~p~.op~r tyc~ ~which is the subject~of the Pe~a'tion~~is located ad~.cent t~.K (/ 7?~ts~' -
3. That the property which is the suFc_.t~f' such Petition is located in the following zoning district:
.4 TtIat h, such Pelition. the undersigned...~" ~lj)wigg reli'~ef:
~. ,,,~..- ~~ge~:Vn Zonin.~g ,Cod~/i~e to the relief sought by the un~ der- '
[ ] Section 280-A, New Y'ork Town Law for approval of access over ~ght(s)-of-way.
6. That within fiv~ days from the dale hereof, a writte~ Petition r~uest~n~ the relief specie, ed abov~
b~ filed i, the 5outhold Town Cle[k's Off~c~ at Ma~n Road 5outhold. New York amd you may the~ and there
examine the same du~ing re~u[ar office hours. (516) 7~5-1809.
7. That before the relief sought may be granted, a public hearing must be held on the matter by the
Bdard of Appeals; that a notice of such hearing must be published at least five days prior to the date of such
hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the
Town of Southoid and designated for the pubilcation of such notices; that you or your representative have the
right to appear and be heard at such hearing.
/- . _
Owners Names ~ v~'~.~/4~
Post Office Addresrs ~ ~/
[Copy of sketch or plan
purposes.]
showing proposal to be attached
for convenience
PROOF OF MAltING OF NOTICE
ATTACH CERTIFIED MAIL RECEIPTS
NAM~ ADDR£SS
B~$ 709 382
Re~eip~ for
Certified Mail
No Insurance Coverage Provided
Do not use for International Mail
(See Reverse)
of
.~. Receipt for
Certified Mail
No Insurance Coverage Provided
Od not use for International Mail
(See Reverse)
Z Bi5 709
Receipt for
Certified Mail
No Insurance Coverage Provided
Do not use for International Mail
(See Reverse)
Postmark ~r Date" ~h
Certified Fee
Restricted Delive,y Fee
TOTAL Postage
· being duly sworn, del~oses and says that on the ~ay
deponent mailed a true copy of the Notice set forth on the re-
verse side her directed to each of the above-named persons at the addresses set opposit.e their respective
names; that the addresses set opposite the names of said persons are the addresse%of said persons as shown on
the current_ assessment roll of t,~e Town of Southold; that said Notices were mailed at the United States Post Of-
rice at ~/'Z.~[~f~4Jf~/.4-./~ D ; that said Notices were mailed to each of said persons by
(certified) (registered) mail.
Sworn to before me this ~. (~-~
day of ~ ~ /
Notary Public
CAROL k
Notary Public, State of New
N0,4839377 - Nossaa"' C0untv
Commissfon Expires M~rch 3, ~§c/
(This side does not have to be completed on form transmitted to adjoining
.property owners.)
TITLE NO. IlS -559:5
~ ..~, _ ..~'""~,o.. '/~e:(/~''
7/ ~' ~ '~) / <.~ / '~'%',
x x $U~Y F~ ~T. ~, ~ges
~xX SANFORD HANAUER & SUE B. HANAUER
OCT. 18, 1984
~ JULY 2~ 1984
~w AT MATTITUCK DATE: JUNE ~, 1984
~WN ~ ~UTHOLD SCALE: I~ · I00'
. ~UTH~IZED ALTERATI~ OR &OOITION m. ~IS GUARANTEED TO~
suevg~ a ~ Vt~T~ ~ IECTm~ ~ZO~ ~ THE FIR~ AME~L~ANCE
........_..,._.,.,..o_.....,.,_ .__
NOTE= ~= M~ENT ~ = STAKE ALDEN W.~, PROFE~IONAL ENGINEER
RE; ~T ~ 2," MINOR SUB~VIS~N ~AN ~R ~BERT · AND ~ND SURVEYOR N.Y.S. UCENSE NO.
JANE L~NER "' HOWARD W. YOUNG, LAND SURVEYOR
ME ~ ~[~ ~TI~S K OR DATA OBTN~D ~ OTHERS
BRANDIS & SONS INC. 1046
,I
FriLL
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