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HomeMy WebLinkAbout4075 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTI' L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 ACTION OF THE BOARD OF APPEALS Appl. No. 4075: Upon application of MICHAEL HERBERT for a Variance to the Zoning Ordinance, Article IX, Sections 100-91A and Section 100-92, Bulk Area and Parking Schedules, for permission to establish business sales office in addition to existing uses as an owner-occupied two-family dwelling with manager's quarters. The lot area applicable to each use in this Hamlet-Business Zone District is 20,000 per unit/use. The lot as exists is nonconforming for the existing principal uses having a total lot area of 20,129+- sq. ft. Location of Property: 795 Pike Street, Mattituck, Town of Southold; County Tax Map Parcel ID No. 1000-140-2-23. WHEREAS, public hearings were held on January 23, 1992 and on March 5, 1992, at which time all persons who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, the surrounding areas; and and WHEREAS, the Board made the following Findings of Fact: 1. This is an application for a variance requesting the establishment of a real estate business use in addition to the existing owner-occupied two-family dwelling use and manager's quarters (for the owner's occupancy). This area variance request is for a reduction in the required land area from 20,000 sq. ft. per unit/use for four proposed uses, to wit: two single-family dwelling units, one owner-occupied manager's quarters, and the proposed real estate business (office) use, (all on a 20,129 sq. ft. parcel instead of 80,000 sq. ft. of land area). 2. The subject premises is located in the Hamlet-Business Zone District along the north side of Pike Street (House No. 795) in the Hamlet of Mattituck, and is improved with an existing two-story framed principal building and separate Pa~e 2 ,~ March 5, 1992 Appl. No. 4075 - MICHAEL HERBERT Southold Town Board of Appeals accessory (storage) garage located in the rear yard area, all as shown on the sketched map submitted for consideration. 3. The grounds of disapproval by the Building Inspector as issued on October 9, 1991 cites insufficient land area as outlined in Article IX, Section 100-92, Bulk Area and Parking Schedules, as well as the issues of site plan and parking approvals necessary under Section 100-91A (Planning Board), and exterior sign(s) which apparently were not indicated on the rejected building permit application. 4. The area of the existing building proposed to be utilized is "a portion of the first floor apartment for a real estate business." (ref. appeal application} It is the intention of the applicant to continue the three established uses, and not to eliminate one of those uses in exchange for the proposed new (business) use. 5. For the record, it is also noted that: (a) prior to January 10, 1989, the subject premises was located in an "A" Residential and Agricultural Zone District and was a substand parcel. Two-acre zoning {80,000 sq. ft.) minimum lot area required from 1983 to 1989. The premises at this time was a conforming residential use, but nonconforming as to lot area and width; (b) on May 28, 1986, a use variance was denied under Appeal no. 3472 during for a proposed Bed and Breakfast in an "A" Residential and Agricultural Zone District {which was not listed as a permitted by Special Exception at this time} (c) on January 10, 1989, the $outhold Town Board adopted revisions to the Master Plan zoning maps and code, which also modified the zoning of the subject parcel to Hamlet- Business (HB). The parcel, having a land area of 20,000 sq. ft. with one dwelling use, was conforming as to total lot area at this time. (d) on March 29, 1990, the conditional grant of an owner-occupied two-family dwelling use with manager's quarters was effectuated {through ZBA determinations rendered March 29, 1990 under Appl. No. 3924}. (e) under Appl. No. 3924, any change, modification, increase or expansion, structurally or otherwise, as well as change of use to other than two-family residential, will require further approval by the Board of Appeals as well as consideration by the Planning Board under the site plan regulations. Accordingly, there shall be no retail sales permitted at the premises, now or in the future, unless ?age 3 ~ March 5, 1992 Appl. No. 4075 - MICHAEL HERBERT Southold Town Board of Appeals appropriate approvals from Building, Zoning and Planning have been issued. Information obtained from the 1990 application and file documentation indicate the following proposed livable floor areas within the existing structure: (1) front unit, 863+- sq. ft., (2) rear unit 477 sq. ft., (3) third unit 639 sq. ft. (f) a Bed and Breakfast Special Exception permit was officially withdrawn by the property owner/applicant and resolution of this Board rendered September 26, 1991 under Appl. No. 3539 as it pertained to a conditional Special Exception initially granted on September 11, 1986. The withdrawal of the Bed and Breakfast was a mandatory condition to the 1990 resolution approving the two-family use and manager's quarters (owner-occupancy). 6. In considering an area variance, the following standards must be considered: (a) whether strict compliance with the requirements will result in practical difficulties, and whether the difficulties claimed are sufficient to grant the relief requested; (b) whether the difficulties created can be obviated by some method feasible foI appellant to pursue other than a variance; (c) whether a substantial change will be produced in the character of this property, the neighborhood, or be a detriment to adjoining properties; (d) whether the variance, if allowed, will effect available governmental facilities; (e) whether the variance requested is personal in nature or the relief requested is uniquely related to the land; (f) whether or not the dificulties claimed have been created by the owner or by a predecessor in title; (g) whether the variance is the minimum necessary to afford relief. 7. In considering all the above standards, the Board finds and determines, as follows: (a) that the practical difficulties claimed are not sufficient to grant the relief requested and are not uniquely related to the land, and the practical difficulties claimed as a ground for this variance has been created by the owner in title; Pa'ge 4 ~ March 5, 1992 Appl. No. 4075 - MICHAEL HERBERT Southold Town Board of Appeals (b) that there is an alternative available for appellant to pursue, that is, to eliminate one of the existing dwelling units or the manager's quarters, and substitute in place thereof the proposed real estate business use (and applying for site plan approval before the Planning Board and other agency permit approvals in doing so) -- the land is presently over-utilized with three units on a substandard parcel ~see record of prior actions by the landowner herein concerning multiple uses}; (c) although there is uniqueness to the noncon- formities of this parcel as exist, the relief requested is not uniquely related only to this parcel since the law is applied to all other properties which would also share the same circumstances; (d) that the essential character of the neighborhood will be changed and substantial detriment to adjoining properties will be created - the relief requested for a fourth use is incompatible with the overall plan and policy for development of the town and would create conditions distinctly different from those existing in the locality by adding problems incident to an increase in density as well as unquestionably altering the essential character of this neighborhood of substandard parcels. (e) that the difficulties claimed are self-created since the landowner is bound by the applicable provisions of the ordinance and by the facts and circumstances concerning the use of his property -- although learned by the landowner having exercised reasonable diligence; (f) that the amount of relief requested is substantial in relation to the requirements - the subject lot is occupied by three units, to wit: two dwelling units and one manager's quarters on less than the required 60,000+- sq. ft. of land area. An additional 20,000 sq. ft. of land area is required for this proposed fourth use as a real estate business. reasonable the land; (g) that the landowner is not deprived of a return on his land and is not prevented from using (h) proof has not been submitted as to actual dollars and cents proof as necessary under the circumstances to show the extent of practical difficulties claimed to be suffered by the landowner; (i) that in view of the manner in which the difficulty arose and in consideration of all the above factors, ?~ge 5 ~ March 5, 1992 Appl. No. 4075 - MICHAEL HERBERT Southold Town Board of Appeals the interests of justice will be served by denying the relief requested. NOW, THEREFORE, on motion by Mr. Doyen, seconded by Mr. Goehringer, it was RESOLVED, that the relief as requested under Appl. No. 4075 in the Matter of the Application for MICHAEL HERBERT, be and hereby is DENIED. Vote of the Board: Ayes: Grigonis, Doyen and Goehringer. adopted. Messrs. Villa, Dinizio, This resolution was duly lk /,i/GERARD P. GOE~RINGER~HAIRMAN RECEIVED AND FILED BY APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following matters will be held for public hearings before the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, New York 11971, on THURSDAY, MARCH 5, times specified below: 53095 Main Road, Southold, 1992 commencing at the (1) 7:30 p.m. Appl. No. 4075 - MICHAEL HERBERT. Variance (hearing reconvened). For permission to establish business sales office in addition to existing uses as an owner-occupied two-family dwelling with manager's quarters. The lot area applicable to each use in this Hamlet-Business Zone District is 20,000 per unit/use. The lot as exists is nonconforming for the existing ~rlncipal uses having a total lot area of 20,129+- sq. ft. Location of Property: 795 Pike Street, Mattituck, NY; County Tax Map Parcel No. 1000-140-2-23. Page 2 - Leqal Notiw Hearings for March 5, 1992 Southold Town Board of Appeals (2) 7:35 p.m. Appl. No. 4083 - LEONARD AND DONNA SCHLEGAL. Variance to the Zoning Ordinance, Article XXIII, Section 100-231, for approval of fence exceeding the maximum four-foot height requirement in the front yard area and located along the northerly side property line. Location of Property: 1475 HomePike Road, Mattituck, NY; also shown on the "Map of Point Pleasant" filed in the Suffolk County Clerk's Office on May 17, 1916 as Map No. 720, filed Lot Nos. 13, 14 and part of 12 (containing 2.563 acres pf total lot area); County Tax Map Parcel ID No. 1000-114-1-5.1. (3) 7:40 p.m. Appl. No. 4071 - JOSEPH F. BARSZCZEWSKI, JR. Variances to the Zoning Ordinance, Article XXIV, Section 100-244B, for permission to reduce setbacks, and Article XIV, Section 100-142, for lot coverage at more than thirty (30%) percent of the total lot area. Applicant/owner is proposing to locate a proposed principal storage building in this Light Industrial (LI) Zone District and will be required to obtain approval from the Southold Town Planning Board concerning the site plan regulations applicable for this nonconforming lot. Location of Property: of Peconic Bay Estates, 1000-53-2-9. 145 Kerwin Boulevard, Greenport, NY; Lot No. 176; County Tax Map ID No. Map (4) 7:50 p.m. Appl. No. 4084 - MARY C. BRENNAN. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3, for ~age 3 - L~gal Not Hearings for March 5 , 1992 Southold Town Board of Appeals approval of open porch (deck with roof) replacing previous deck structure, with an insufficient rear yard setback and lot coverage at more than twenty (20%) percent of the total lot area. This parcel of land is located in the R-40 Zone District and is nonconforming as to lot area (containing 3201 sq. ft.), width at 45 feet, and lot depth at 71.41 feet. Location of Property: 319 Champlin Place, Greenport, NY; County Tax Map Parcel No. 1000-34-3-41. (5) 7:55 p.m. Appl. No. 4074 - AMAC, INC. (Sukru Ilgin) for a Variance to the Zoning Ordinance, Article X, Section 10lB(12) and Section 100-102, Bulk, Area and Parking Schedule, for permission to establish retail sales of packaged food and non-food items as usually found in a convenience store, as an accessory to the existing gasoline service station, eliminating the service and repair areas (which were conducted in the existing bay areas of this one-story building.) Subject premises is nonconforming as to total lot area and depth in this "B" General Business Zone District. Location of Property: 7400 Main Road, Mattituck (Laurel School District), NY; County Tax Map Parcel No. 1000-122-7-1. (6 and 7) 8:00 p.m. DR. PHILIP J. CENTONZE and MARILYN CENTONZE - regarding premises known as 5700 North Road (County Road 48), Mattituck, NY; County Tax Map Parcel No. 1000-140-2-11. Applicants, as contract vendees, are requesting: Page 4 - Legal Noti~ Hearings for March~ , 1992 Southold Town Board of Appeals (a) Appl. No. 4082 - Variances to the Zoning Ordinance, Article VII, Section 100-72 for approval of the nonconforming area of the lot area for the establishment of two principal uses by the addition of a professional dental office on the first floor, and retaining livable floor area on the second floor (for a single-family dwelling unit), all within the existing structure. The lot area applicable to each use in this Residential-Office (RO) Zone District is 40,000 sq. ft. This lot is nonconforming as to area and width. (b) Appl. No. 4081 - Special Exceptions to the Zoning Ordinance, Article VII, Section 100-71B(2 & 7) for permission to establish first floor professional dental office, as permitted by Section 100-71B(2), and a second floor apartment not exceeding 750 sq. ft. livable floor area, as permitted by Section 100-71B(7). (8) Appl. No. 4076 - FUTURE SCREW MACHINE PRODUCTS (MR. AND MRS. WARREN E. HUFE, JR.) Variance to the Zoning Ordinance, Article VIII, Section 100-82 for approval of an addition, for storage purposes only, having an insufficient setback from the westerly side property line. Subject premises is a nonconforming lot located in the Light Business (LB) Zone District. Location of Property: North Side of County Road 48 and the Westerly Side of Kenny's Road, Southold, NY; County Tax Map Parcel No. 1000-59-7-33. Page 5 - Legal NotJ Hearings for March 5, 1992 ~ Southold Town Board of Appeals (9) Appl. No. 4068 - ELEANOR SIEVERNICH. Variance to the Zoning Ordinance, Article XXIII, Section 100-239 and Article III, Section 100-32, Bulk, Area and Parking Schedule, for approval of the upland area of proposed Lot #1 (79,449 sq. ft.) and proposed Lot 92 (74,568 sq. ft.), and for approval of the insufficient width of proposed lot 92 (73.37 ft) along Cox's Neck Road {a/k/a Cox Lane}. This project is a Minor Subdivision Application also pending before the Southold Town Planning Board. Location of Property: Easterly side of Cox's Neck Road, Mattituck, NY; County Tax Map Parcel No. 1000-113-8-5, containing a total of 3.765 acres. The Board of Appeals will at said time and place hearing any and all persons or representatives desiring to be heard in the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. For more information, please call 765-1809 or visit our office. Dated: February 13, 1992. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Copies have been forwarded to the following on or about 2/14/92: L.I. Traveler-Watchman, Inc. Times-Review Marie Ongioni, Esq. (Attorney for Michael Herbert) Mr. and Mrs. Leonard Schlegal Mr. Joseph F. Barszczewski, Jr. Paul A. Caminiti, Esq. (Attorney for Mary C. Brennan) Mr. Garrett A. Strang, R.A. (for AMAC, Inc. and Centonze) William D. Moore, Esq. (Attorney for Future Screw Machine/Hufe) Anthony Salvatore, Esq. (Attorney for E. Sievernich) Individual Files and Board Members APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (51~) 765-1823 Telephone (516) 765-1800 NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following matters will be held for public hearings before the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, JANUARY 23, 1992 commencing at the times specified below: (1) 7:35 p.m. Appl. No. 4073 - MR. AND MRS. EDWARD M. CUMMINGS. Variance to the Zoning ORdinance, Article III, Section 100-33, for permission to relocate existing garage to another location in the front yard area. 4775 Paradise Point Road, Southold, NY; No. 1000-81-1-24.5. Location of Property: County Tax Map Parcel (2) 7:40 p.m. Appl. No. 4079 - GEORGE STORM. Variance to the Zoning Ordinance, Article XXIII, Section 100-230C(1) for 0; approval/ ence areas which will be in excess of the four-foot height limitation. Location of Property: 105 Bridge Lane, Cutchogue, NY; County Tax Map Parcel No. 1000-118-3-3.5, also Page 2 - Legal Noti Hearings for January 1992 Southold Town Board of Appeals known as part of Lots 128 and 127 on the Amended Map of Nassau Point. (3) 7:45 p.m. Appl. No. 4075 - MICHAEL HERBERT. Variance to the Zoning Ordinance, Article IX, Sections 100-91A and Section 100-92, Bulk, Area and Parking Schedules, for permission to establish business sales office in addition to existing uses as an owner-occupied two-family dwelling with manager's quarters. The lot area applicable to each use in this Hamlet-Business Zone District is 20,000 per unit/use. The lot as exists is nonconforming for the existing principal uses having a total lot area of 20,129+- sq. ft. Location of Property: 795 Pike Street, Mattituck, NY; County Tax Map Parcel No. 1000-140-2-23. (4) 7:50 p.m. Appl. No. 4077 - THOMAS MONSELL. Variances to the Zoning Ordinance, Article IIIA, Section 100-30A.3, Bulk and Area Schedule, for approval of the size of each proposed Lots #1, 92 and #3, at 40,000 sq. ft. each, exclusive of wetland meadow areas and inclusive of proposed right-of-way easement areas as shown on the pending Minor Subdivision Map prepared by Roderick VanTuyl, P.C., L.S. (lastly dated July 29, 1991), under also consideration at this time by the Southold Town Planning Board. {Note: This application is not for 280-A access approval under New York Town Law since the Southold Town Planning Board will have jurisdiction over the proposed rights-of-way under its subdivision reviews.} Location of Page 3 - Legal Not Hearings for January 23, 1992 Southold Town Board of Appeals Property! Southerly end of Monsell Lane, Cutchogue, NY; County Tax Map Parcel No. 1000-138-1-2.1, 9.1, 13.1, 14, containing a total area as exists of 3.0 acres. 7:55 (5) /Appl. No. 4047 - ETHEL H. BETZ. (Continued from Decem- ber 16, 1991 as requested by adjacent property owner). Variance to the Zoning Ordinance, Article III, Section 100-30A and Section 100-31A.3, Bulk Schedule, lot area and width of two parcels, and 1956. Location of Property: Road, Southold, NY; and 35. for approval of insufficient as conveyed by deeds in 1951 Northeast side of Calves Neck County Tax Map Parcel No. 1000-63-7-34 The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. For more information, please call 765-1809 or visit our office. Dated: January 13, 1992. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski TO: L.I. T~aveler~Watchman, Inc. Fax Transmission Times-Review, Inc. For Publication 1/16/92 Copies have been forwarded 1/13/92 to the following: Mr. Edward M. Cumming, Box 1900, Southold, NY 11971 Page 4 - Legal Notice Hearings for January 23, 1992 Southold Town Board of Appeals Mr. David Dowd, Box 1057, Shelter Island, NY 11964 (Re: Cummings) A. Stingray Ltd, d/b/a Dunrite Fence, Box 488, Rocky Point,.NY 11778 (Re: Storms) Mr. and Mrs. George Storms, 105 Bridge Lane, Nassau Point 11935 Marie Ongioni, Esq., Box 562, Greenport, NY 11944 (Re: Herbert and Monsell) Rudolph H. Bruer, Esq. P.O. Box 1466 Southold, NY 11971 (Ethel Betz) Also copies with file info to ZBA Members, Individual Hearing Files, and Town Clerk Bulletin Board FORM NO. 3 TOWN OF SOUTIIOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTtlOLD, N.Y. NOTICE OF DISAPPROVAL PLEASE TAKE NOTICE that your application dated . g:} ......... 19 .~. I... for pemit to ~' '~' '~' ~" ~ .................. at Location of Property . ~ ~ ~~ ' County Tax Map No. 1000 Section ... S.~.O ...... Block ... ~ ~ ...... Lot . ~.~ ......... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds .~.~...&~/~.-.~l ~ Building Inspector RV 1/80 FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHQLD, N.Y. 11971 TEL.: 765-1802 Examined ................ ,19... Approved ................ , 19 ... Permit No ............ Disapproved a/c ..................................... 3ARD OF HEALTII ......... SETS OF PLANS .......... SURV£Y ................... CIIECK .................... SEPTIC F 0 R,~! .............. CALL ................... NAIL TO: (Building Inspector) APPLICATION FOR BUILDING PERMIT INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3 ets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets )r areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- :ation. c. The work covered by this application may not be c~mmenced before issuance of Building Permit· d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit hall be kept on the premises available for inspection throughout the work· e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy hall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the luilding Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or ~ulatmns, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. 'he applicant agrees to comply with ali applicable laws, ordinances, building code, housing code, and regulations, and to dmit autliorized inspectors on premises and in building for necess,ary inspections· _ .................. (Signature of applicant, or name, if a corporation) (Mailing address of applicant) ;tare ~vhether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. ................. O. . <amc of owner of premises . ~-, I (as on the tax roll or latest deed) t' applicant is a corporation, signature of duly authorized officer. (Name and title of corporate officer) Bu'lder s License No .......................... Plumber's License No ........ : ................ Electr:cmn s L~cense No ....................... Other Trade's License No ...................... Location of land on which proposed work will be done ......................................... ' ......... llouse Number Street ....................... County Tax Map No. 1000 Section .... \..M...O. ......... Block ....'.~.. ........ Lot .... 2.3 ....... ' Subdivision ..................................... Filed Map No ............... Lot ............... (Name) State existing use and occupancy of premises and intended use and occupancy of proposed construction: 3. Nature of work (check which applicable): New Building ~ --.' ....... Addition Alteration" -- .... Repair .... ~ ...... Removal .......... .............. Demolition ~ Other Work. ~/I.J./~ .... 4. Estimated Cost .......... ~ (Description) .................... Fee (to be paid on filing this application) 5. If dwelling, number of dwelling units ....~ ......... Number of dwe ling units on each floor 6' Lr'gar ge' .umber of.c rs ....... ............ . ............. .,. ~.ousmess, commercml or mixed occupancy, specify n:,n .... '-~' ' '-' ' '~' '-' ' ' J ............ ~ ................. t. .ulmensions of exit*;-- o, , ., ........ anu extent pt each type of use ~,~\~=b · , . , ,o--s atructures 1i any Front ,, ......... ',~','.'r'.~q~... ne grit Nu - ' ' ',;-3 .......... l~ear ... Depth D' . '" ;. .......... roper of Stories ..... ~. .................... [ ....... · .......... I... ~rnenmons olsame structure w th alterations or additions: Front ........................... Depth ......... Height ................. Rear ...... 8. ' ..................... Number of Stories ...................... Dimensions of entire new constnction: Front .. He gilt ~ x~ ~ . ' ......... Rear . Donth ~. - ............ ~um per pt Stones .... ~.. ........... ,~ ................. 9. ~aze of lot: Front ................. -... Rear ...................... b;' ;t~ .......... ' ...... I0. Dateofeurchase ..i~.CW..i~... \q~5'7 ''~'a .................. · ,P ......... I I. Zone or use district in which premises a-~ '-:'' ' ~ '~ ' ' '; 'C me of Former_~wner ,~P~.vx~...~')~.-'v~x.~ ' ...... · t: ~tuatea . . . .&-k,~x~. \ ~-..-~. .~5'c'5 ~ 1' .~v~. ' .~ ~ ............ 12. Does proposed construction violate any zoning law, ordinance or regulation: . ~ ................... 13. Will lot be re~raded ~^,., ............. ~ .............. Wdl excess fill be removed from premises' 14. Name ofOwnerofpremisesV~t~,,cvx4qk ~:~.,~l.~.~ ..~Addres ..~,,,_ t?v ,.. · Ye,s Name of Architect ' j ....... s .t.~.a . ...~.~..>3 P tone No ~. 9.8 .-q).t.~ .I .... .................. Address ................... Phone No. Name of Contractor ................ Addres~ one No ............... 15. Is this property within 300 fee't gf' ~' 't'i~l we - '''9 ............. · ........ · If yes, Southold Tow- m ....... tland. *Yes ........ ~ .... ' ...... - ~u~cees Ferrazt may be required. ~ .... · ... PLOT DIAGRAM Locate clearly and distinctly all buildings, Wliether existing or proposed, and~indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or comer lot. being duly sworn, deposes and says that he is the applicant is the ... dj (x2) W (C ...................... ontractor, agent, corporate officer, etc.) said OWner or owners, and is duly authorized to perform or have performed the said work and to make and file this plication: that all statements contained in this application are true to the best of his knowledge and belief; and that the )rk will be perfomed in the re=ncr set fortli in the application filed therewith. · 'om to before me this ~*~ ..... -'"~'~... County X~ Xl ~ ' C~IRE k G~ Nom~ ~bl~ State of N. y~ . ..~ ~.. . Qualified in Suffolk Coun~ RECEIVI DEC; 1 ? 1991 TOWN OF SOUTHOLD, blEW S'6Ul¢iold Town Clerk APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1,~[ MICHAEL HERBERT of .... 795...P..~k.~ ~..~.~.¢~ ................................... Nome of Appellant Street and Number Mattituck ......... N..~.w....](.9.1:.k. HEREBY APPEAL TO ........................................................... State Municipality THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT ~(~. DATED October 9 1991 WHEREBY THE BUILDING INSPECTOR DENIED TO MICHAEL HERBERT ................ ' Name of Applicant for permit of 795 Pike Street, Mattituck, New York .................................... Municipality State Street and Number ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY I (X) PERMIT TO UTILIZE a portion of the first floor apartment for a real estate business. 795 Pike Street, Mattituck - Hamlet Business 1. LOCATION OF THE PROPERTY .................... District 1000 Sectionl4OBlock 2 Lot 23 ~ ~ Michael Herbert ................................................................................. ~urren~ Owner Map No. Lot No. Prior Owner 2. PROVISION iS) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article IX Section 100-92 , 93 & 9lA 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack o~: access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous oppeot (has)fd'x~o~d been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was (X) request for a special permit ( ) request for a variance .. March 29 1990 and was made in Appeal No 3924 & 3539 , Doted ' ( ) (x) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that utilization of residence does not me~t total area quirements. any change for real estate office requirements, parking and exterior sign re- Additionally prior ZBA decision mandates ZBA approval for in use among other things. Form ZI~i (Continue on other side) REASON FOR /\PPEAL Cant,nuea I STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHiP because the applicant~ three family dwelling is in the Hamlet Business district where a business or professional office is a permitted use. Applicant wishes to utilize only a portion of the first floor apartment for business purposes and retain ability to reside in said apartment. 2. The hardshipcreatedis UNIQUE andisnotshlared by ail ~roperties alike in the immediate vicinity ofthis property and in this use districtbecause business or professional offices are permitted but prior relief by the Zoning Board of Appeals limits the use to three family residential use. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the district is zoned for business purposes. Applicant would remain in residence. A sign for the office in a business district would not alter the character of that district. STATE OF NEW YORK ) ) COUNTY OF SUFFOLK) MICHAEL HERBER~Signature No'[~ ry Pub/lit MAftI~ ONGIONI NOTARY PUBLIC, Stere of New York ' STREET! ' ' VILLAGE DIST -"' ' ' .- ;, , . ~/( ,,'~J_. ~- . ...~.. ~ .'~. ~f,- ~,. ~ ' I "' ' :" .... , ~ER OWNER ... /~ ~.~/ ~- - , .: ~.~,'.,..~/ff ,.~.~ ~,.~, - , ~ ;, ~,. . ;'. AND ~-~' ~" / _ , ~..- ...... IMP. TOTAL : "DATE R~RKS , .. f · -" ~ ' ~ ' ~.,'~:~" ~ ~ ' ~./.,' ~...~ ~ · ." .. ~ ~ .... '"., "-~.~=' '... - '' ' . , . ,~ ~z~..'. .~, ,~, ~t~ ' '::':" -" ' ' :" ' " ,~- I.~o~,~,~- ~,~,'~ N~: ./~ : -,. . , ~E:~ ~ ,.,.,~. '"~,.~;~~)~,NO~L: ::., .s .?.:- :.~ .... 'q,' .:"~-' :,: .: ',. .' ," ':' . m'~. mt,., .... .~, ' BELOW ~,r.': .., j~.'~'.,~,.~,ABOVE ; :- : · .~ ..~ ': · ~Volue oble; '?~, ~,~., ,~' -.~"' ~'~. ~,..% ad~la~'ft~ ,.~,,~. '~.,. ....... ~v,,r~..~. ., ,'~Lr:~ ~ ' .:. - ,..,:..~,..,.:;~, ~:.: t.-,~, r;.? ' DE~H..'~.~'~'~;~ :: ~.~.. ';~: 2 2.. ~' ....... , '.'.'~'~, ' '~-'.' ' '~, :"' " ~se Plot ,~, -' ~'~ ~ ~'.~,.,'. -~. 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' C C PE ORLO[dSKI PETER E & WF 1,0C RG MATTITUCK PARK DIS]' ......... 5,3C KN NINE GLAD¥S G 50 kS ~ERCIER TNO~$ R g BAR tZ G[ULE~N9 LOU~ ~ ~ WF KM B*NNON DENNIS R & Wf 6C LF SW[ATOCHA FRANK J & WF 1( 140.-~-3 C LY SWIATOCHA FRANK J & WF C M~ SUFFOLK COUNTY ................... 2[ 140.-2-S C NK FOSTER CLARA A &( ~1~0~-2-6 ....................... C OD STRONG DAVID ......................... 8( 1~0.-2-7 C OW MILESKA THOMAS 7~ --J40.-2-8 ......... C PP K G ~ROWN MFG CO [NC ...... 6{ 1&0.-2-9 C QI K G BROWN MFG CO INC ~0.-2-10 C KL LOMAGA GEORGE & WF ............. 1 140.-2-11 C LE COHEN STEVEN F & 5, ~14'0;-2-1~ ................... C-LX ZAPP AGNES C ................. 4,' 140.-2-1] --140.-2-14 ............ C. MQ JESTER DAVID E & 140.-2-15 C NJ GROSSENBACHER ALFRED J ...... 7,1 C 0¢ ~OROSKI GARY ~ --140~JZ-16 ................... ~-OV"GASSE~ WILLIAM F ................. 1~0.-2-1F C PO HAWK[NS JESSE R 1,6~ --1[0'-2' 18 ............................. . ' C QH ~MMIR'~TI FRANK J ~-WF ............ 1,~ 140.-2-19 CRA SHIP JOANNE G --140.-2-20 .............. C- LD ~OSTELLO FRANK '& WF ............ 140.-2-21 C tW CAV/N EDWARD & WF ~Hp -GILDER~LEEVF ~ E......... ~402-J2-2)) ~I HERBERT MIcHAE~,,,,$~ : ~140'2~-24 ' ~ ~08 KEOGH JOH~-~ FRANCES 140.-2-25 C OU KELLEHER DANIEL ........... 6[ --140.-2-26 ........ C PN TUTHILL DAVID 'A g 'WF' 6~ ' 140.-2-27 C QG BRIGHAM TIMOTHY J g 5 '--~40~-2'28 .................... C--QZ :WOO~WA~6'EV~ A ........................ S, 140.-2-29 C RS WOODWARD RICHARD A & A ' ----1402-2-30 .............. ~-EV DIVEtEO JOHN & FRANCES ........... =1.5 C NH DIVELtO JOHN ~ OgS 1.0 140.-2-33 140.-2-36 ~1 40. 140.-2-)8 C OA WILCENSK[ JOHN A & ...... ..... 9 ............ N OA WILCENSKI JOHN A & 9 .... COT STELZER CARL E & WF ................ ? ................... C QF MCBRIDE JANE A ? C"QY PETRAUS~AS JOSEPH W ............ ............. C RR PETRAUSKAS MARY H C SK RAYMOND CLEAVES POST 1 ....... 2,0 PAGE ......... TOTALS-~ ................... 51 PARCELS (ACTIVE)'- GREAT PEGONIG ./ ~) COUNTY OF SUFFOLK I~,.. $OUTHOL Real Property Tax Service Agency ~.ucem APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOU~OLD SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 ~CTION OF THE BOARD OF APPEALS Appl. No. 3924 Matter of MICHAEL HERBERT. Special Exception to the Zoning Ordinance, Article IX, Section 100-91 (B), for change of use from a Bed and Breakfast to a three family dwelling in this Hamlet Business (HB) District. Property Location: 795 Pike Street, Mattituck, County Tax Map No. 1000, Section 140, Block 2, Lot 23. W~EREAS, a public hearing was held and concluded on March 15, 1990 in the matter of the Application of MICHAEL HERBERT, under Appeal No. 3924; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the north side of Pike Street in the Hamlet of Mattituck, and is Pidentified on the Suffolk county Tax Maps as District 1000, Section 140, Block 2, Lot 23. 2. This is an application for a Special Exception from the Zoning Code Article IX, Section 100-91 B 4, permission for change of use from a Bed and Breakfast to a three family dwelling. Page 2 - Appl. No. 3924 Matter of MICHAEL HERBERT Decision rendered March 29, 1990 3. Article IX, Section 100-91 B 4 of the Zoning Code, Uses permitted by special exception by the Board of Appeals, the following uses are permitted as a special exception by the Board of Appeals as hereinafter provided, subject to site plan approval by the Planning Board: (4) Apartments may be permitted over retail stores and business professional and governmental offices, subject to the following requirements: 4. The subject premises consists of a total area of approximately one-half acre with 85+- ft. frontage along Pike street and an average lot depth of 239 +- feet, and improved with the following structures: (a) a two-story framed, single- family dwelling, having setback of 39+- ft. from its front property line and sideyards of 26 feet and 34 feet, and (b) an accessory garage located in the rearyard area with an insufficient setback of one foot, more or less, from the easterly side property line. 5. It is further noted for the record that a use variance under Appeal No. 3472 was denied without prejudice on May 28, 1986, also noted is a application for a Special Exception under Appeal No. 3539 was approved conditionally on September 11, 1986. 6. In considering this application, the Board finds and determines: (a) the proposed use will not prevent the orderly and reasonable use of adjacent properties or of properties in the adjacent use districts; (b) the use will not adversely affect the safety, welfare, comfort, convenience and/or order of the Town; (c) that in carefully considering the record and all the above factors, the interests of justice will be served by granting the Special Exception, as applied conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was Page 3 - Appl. No. 3924 Matter of MICHAEL HERBERT Decision rendered March 29, 1990 RESOLVED, to GRANT a Special Exception in the matter of the application of MICHAEL HERBERT, under Appeal No. 3924, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the Bed and Breakfast be withdrawn before permit commences on or about Septem~0er 15, 1990, but not later than October 1, 1990. 2. The applicant must submit specific plans and specifications to the Building Department for its review, to any alterations internal and external to the dwelling, and to comply with Building Codes to include N.Y.S. Fire Code. 3. That applicant be granted two (2) apartments other than the manager's quarters, which is to be owner occupied. 4. If this applicant or any subsequent applicants choose not to withdraw said Bed and Breakfast permit, the decision made by the Board on March 29, 1990 becomes null and void by December 31, 1990. df GERARD P. GOEHRiNGzEi~, CHAIRMAN APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 April 7, 1992 Marie Ongioni, Esq. 218 Front Street P.O. Box 562 Greenport, NY 11944 Re: Appl. No. 4075 - Michael Herbert Dear Mrs. Ongioni: Please find attached for your records a copy of the findings and determination rendered by the Board of Appeals in the above matter. Very truly yours, Linda Kowalski Enclosure Copy of Decision to: Building Department Planning Board Suffolk County Department of Planning Page -3 - March 5, Appl. No. 4075 - MICHAEL HERBERT Southold Town Board of Appeals the interests of justice will be served by denying the relief requested. NOW, THEREFORE, on motion by Mr. Doyen, seconded by Mr. Goehringer, it was RESOLVED, that the relief as requested under Appl. No. 4075 in the Matter of the Application for MICHAEL HERBERT, be and hereby is DENIED. Vote of the Board: Ayes: Grigonis, Doyen and Goehringer. adopted. Messrs. Villa, Dinizio, This resolution was duly lk /.~./GERARD P. GOEHRINGE~HAIRMAN DEPARTMENT OF PLANNING COUNTY OF SUFFOLKO ARTHUR H. KUNZ DIRECTOR OF PLANNING April 20, 1992 Town of Southold Zoning Board of Appeals Applicant: Michael Herbert Mun. File No.: 4075 S.C.P.D. File No.: SD-92-4 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 decfsfon of local determination should not be construed as either an approval or disapproval. Comments: Appears inappropriate as suffic~ent information has not been submitted to demonstrate compliance with applicable variance criteria. Very truly yours, Arthur H. Kurtz Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner VETERANS MEMORIAL HIGHWAY HAUPPAUGE, hi., NEW YORK 11788 (516) 853-$192 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Pursuant to Article XIV of the Suffolk County Administrative. Code, The Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Cc~mission: xx Variance from the Zoning Code, Article IX · Section lO0-91A &92 __Variance from Determination of Southold Town Building Inspector __Special Exception, Article , Section __Special Permit Appeal No: 4075 Applicant:Michael Herbert Location of Affected Land: 795 Pike Street, Mattituck, NY County Tax Map Item No.: 1000- 1000-140-2-23 Within 500 feet of: __'Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) XX State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Existing or Proposed Right-of-Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or · Within One Mile of a Nuclear Power Plant __ Within One Mile of an Airport Comments: Applicant is requesting permission:to uti]z~ze residence for r_eal estate office and business with insufficient total area of lot. _JFour principal uses). Copies of Town fi]e and related documents Dated: Apr. 9, 1992 enclosed for your review. INSPECTORS Victor Lessard Principal Building Inspector Curtis Horton Senior Building bupector Thomas Fisher Building Inspector Gary Fish Building Inspector Vincent R. Wieczorek Ordinance Inspector Robert Fisher Assistant Fire Inspector Telephone (516) 765-1802 OFFICE OF BUILDING INSPECTOR TOWN OF SOUTHOLD SCOTT L. HARRIS, Supervisor Southold Town Hall P.O. Box 1179, 53095 Main Road Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO: FROM: SUBJECT: DATE: / Board of Appeals ~.~ tor Victor Lessard, Principal Building Inspec Michael Herbert, Pike Street, Mattituck, N.Y. January 23, 1992 Mr. Herbert applied for a building permit in order to get his disapproval to file with your board. On application under existing use he put three family dwelling. Under entended use - Home Office Occupation. Speaking to him, I got the impression that this would be in addition to the three family dwelling {copy of application enclosed.) This application poses problems that should be addressed. 100-92 - Bulk & Parking. Requires 20,000 Sq. Feet for eack use. 100-261 - A substantial increase in use requires a special exception. 100-91 (B) 4C - No more that (3) apartments per building. 100-92 - The increase in parking generated by the added activity. This is plus requirements for parking of three families. 100-250 - An amended site plan. Page "2" Re: Michael Herbert This property has gone to a bed and breakfast activit'y; to a three family dwelling and now an office activity. Applicant should be advised as to what his present status is at i.e. exactly what he presently can do and no longer what he cannot do, and then address this latest proposal. Things like does he still have to reside there or is that eliminated now that he is no longer in a residentiial zone. Lastly, none of the proposed office businesses proposed can be run or controlled as a telephone business alone. Also it would be impossible to enforce a parking condition if it is not spelled out before hand. This town road is a main avenue of response for the fire department almost across the street. VL:gar FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. No Z19516 CERTIFICATE OF OCCUPANCY Date NOVEMBER 19r 1990 THIS CERTIFIES that the buildin~ Location of Propert~ 795 House No. County Tax Map No. 1000 Section 140 Subdivision CONVERT PRESENT DWELLING PIKE STREET MATTITUCK Street Hamlet Block 02 Lot 23 Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated Building Permit No. 1~139Z JUNE 18, 1990 ~ursuant to which dated JUNE 21~ 1990 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is CONVERT PRESENT DWELLING INTO A THREE FAMILY DWELLING AS APPROVED BY Z.B.A. #3924. The certificate is issued to MICHAEL Z. HERBERT (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. PLUMBERS CERTIFICATION DATED N159307 NOV. 8~ 1990 WALTER L. DOHM OCT. 25~ 1990 Building Inspector Rev. 1/81 Southo wa Board of Appeals MAIN ROAD STATE ROAD 25 SOUTHOL. D, L,I., N,Y. 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3539 Application Dated July 24, 1986 (Public Hearing August TO: .Rud0]ph H. Bruer, Esq. as Attorney for MICHAEL HERBERT Main Road Southold, NY 11971 14, 1986) [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a ~ Request for Special Exception under the Zoning Ordinance Article III , Section ]00-30(8)[]6] [ ] Request for Variance to the Zoning Ordinance Article , Section ,,. [ ] Request ~or Application of MICHAEL HERBERT, for a Special Exception to the Zoning Ordinance, Article III, Section 100-30(B)[16] for permission to establish "Bed and Breakfast use," an "owner-occupied building other than a hotel where lodging and breakfast is provided for not more than six casual, transient roomers, and renting of not more than three rooms. Location of Property: 795 Pike Street, Mattituck, NY; County Tax Map Parcel No. 1000-140-2-23. Zoning District: "A" Residential and Agricultural. WHEREAS, a public hearing was and in the Matter of the Application under MICHAEL HERBERT; and concluded on August 14, 1986 Application No. 3539 of WHEREAS, at said hearing all those who desired to be heard were heard 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. The premises in question is located along the north side of Pike Street in the Hamlet of Mattituck and is identified on the Suffolk County Tax Maps as District 1000, Section 140; Block 2, L.o~ 23. - 2. The subject premises consists of a total area of approximately o~e-half acre with 85± ft... frontage along Pike Street and.~n average, lot depth of 238± feet, and is improved with the following.structurqs: (a) a two-story framed, single- family dwelling shown on survey dated October 9, 1985, having a setback of 39± feet from its front property line and sideyards of 26 feet and 34 feet, and (b) an accessory garage located (CONTINUED ON PAGE TWO) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. "~/81) Page 2 Appeal No. 35~9-SE Matter of MICHAEL HERBERT Decision Rendered September ll, 1986 in the rearyard area with an insufficient setback of one foot, more or less, from the easterly side property line. 3. The subject premises is located in the "A" Residential and Agricultural Zoning District; the adjacent parcels to the west and east are also in the "A" Residential and Agricultural Zoning District. Other parcels, along the south side of Pike Street are in the "B-I" General Business Zoning District. Abutting the subject premises to the north is the Long Island Railroad; north of the Railroad are premises located in the "C-Light Industrial" Zoning District. 4. For the record it is noted that the applicant purchased the premises on October 29, 1985 (Liber 9907 cp 338), and a Certificate of Occupancy of Nonconforming Premises #Z13944 was issued October 18, 1985 for a single-family dwelling. 5. It is further noted for the record that a use variance under Appeal No. 3472 was denied without prejudice on May 28, 1986. Subsequent thereto, on July 1, 1986, Local Law No. §-186 entitled, "A Local Law in Relation to Bed and Breakfast Facilities" was adopted permitting such uses by Special Exception in the "A", "M", "M-l", "B", "B-I", "C", and "C-I" Zoning Districts. 6. Applicant proposes to the use the subject dwelling in accordance with the requirements of Article III, Section lO0-30(B), subsection [16], and all other town, county and state regulations pertaining to this "bed and breakfast" use, with owner-occupany, where lodging and breakfast is provided for not more than six, casual, transient roomers and renting of not more than three rooms. 7. A minimum of five 10' by 20' parking spaces will be installed at the rear of the premises for the rented rooms. 8. Article III, Section lO0-30(B), subsection exception for site-plan approval and reviews of the Board for this use. [16] makes Planning In considering this application, the board finds and deter- mines that: (1) the proposed use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts; (2) the use will not adversely affect the safety, welfare, comfort, convenience or order of the town; (3) the use is in harmony with and will promote the general purposes and intent of zoning. The board has also considered subsections [a] through Il] of Article XII, Section 100- 121(C)[2] of the Zoning Code. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, that a Special Exception for permission to establish Bed and Breakfast use within existing single- family dwelling for the renting of not more than three rooms for lodging and serving of breakfast to not more than six casual and transient roomers, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. That a minimum of five 10' by 20' parking spaces be installed at the rear of the subject premises; and 2. That this use comply with all other rules and regulations as apply, including but not limited to the N.Y.S. Construction and Building Codes. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This,~~u~y ~ adopted. * GERA'RD P. GOEHR1NGER, C(~IRMAN lk September 14, 1986 Page 8 PUblic Hearing--Southold ZBA January 23, 1992 Appeal # 4075 Applicant (s): Michael Herbert Location of Property: 795 Pike Street, County Tax Map# 1000-140-2-23 Mattituck, NY The Chairman opened the hearing at 8:00 pm. and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of the site plan of the property indicating the size of the parcel, existing house as it exists, or has seen it in prior applications, not in its present form and a copy of the Suffolk County TAx Map indicating this and surrounding property in the area. Miss Ongioni would you like to be heard? MARIE ONGIONI: Yes sir. Good evening Mr. Chairman and members of the Board. I am Marie Ongioni with offices at 218 Front Street in Greenport, I am here on behalf of Michael Herbert in his application to do something that is rather unique. I think that there may be a little bit of confusion about what he would like to do or perhaps some questions that I hope I am able to answer all of those questions for you tonight. This house is now three (3) family house. There are two (2) duplex apartments and one (1) apartment which is contained entirely on the first floor. Does the Board have a copy of the site plan of the interior of the house? CHAIRMAN GOEHRINGER: Yes. I don't understand it so we are going to have to come over and look at it. MS. ONGIONI: Okay. Would you like me to come up and explain it to you now? CHAIRMAN GOEHRINGER: Sure you can attempt to Marie, but I think we're still going to have to do a physical inspection. MS. ONGIONI: Let me just explain it to you. There is one duplex apart- ment that has a front room on Pike Street. The main level of the house has a room which is 14 x 15 right off the front porch on Pike Street. Now that is part of Mr. Herbert's apartment. The rest of his apartment is on the second floor and it consists of a bedroom, a living room and several other rooms. What Mr. Herbert would like to do is use a portion of that particular apartment for a real estate management business. It is not a retail real estate sales office. He does not plan to conduct any sales. He will be managing properties and renting properties. He will not be conducting any sales. Most of the work will be will be by telephone and also with off-site appointments at the apartments that he will be renting. There will be very little access of the public to that office. It will be primarily telephone work and record keeping. Now he proposes to use either the room that I have just described to you, which is off the porch or there is another room at the rear of the property which right now is not used for anything. It is designated at the rear of the main floor. It is designated as the summer kitchen. It is 11 x 13 and has a separate en- trance. Does the Board see that on its plans? Okay. What Mr. Herbert would like to do it use either of those spaces for a home office. It is He is before this Board for permission to do so. Page 9 Public Hearing--Michael Herbert Southold ZBA-- 1/23/92 ONGIONI Con't: Actually I'm sure there are many people who live in Southold Town who conduct this ~ype of business from their home and don't seek permission of any governmental unit. They just conduct their busi- ness. No one knows about it. Mr Herbert, instead of doing so, has been upfront about it. And he has applied to the Board permission to do so. He does not intend to have, as I say the public come to the office. It is going to be telephone work. There won't be any increase of traffic on the street, there won't be any increase of pedestrian traffic, there won't be any increase of governmental services that will be required because of this variance. In essence the use of the property is going to remain the same. It is going to continue as a residential structure. He is just going to be doing a little bit of work from his home. And given the nature of the economy of today, from an economic standpoint, it's going to be more difficult for him if he needs to conduct the business from another location. I have a memo prepared for the Board to review, which I would like to submit at this time. I have a copy for each Board member, as well as for the Secretary. Does the Board have any questions? CHAIRMAN GOEHRINGER: We, of course, granted the use of Mr. Herbert to create two (2) apartments and a manager's quarters. We haven't seen those apartments and I am going to recommend to the Board that we give Mike a two(2) week period to make an appointment with his tenants. We can meet over there some Saturday morning and go through the place. You know at a reasonable time, not too early, not too late. And he can ex~tain use of either of the two sites to us. My only question is what about advertising externally on the building for this new business? MARIE ONGIONI: Well, I think, he was intending to put a sign up. A small sign on the outside of the building that would just read community rentals. Community rentals or community property management. MICHAEL HERBERT: Or I would propose to put my sign up just reading "Micheal Herbert Real Estate Broker". Because I don't really want to attrac~off-the-street traffic, because most of the people I take out to see properties, I screen them over the telephone prior to even meeting them. So I don't want to encourage anyone coming off the street knocking on my door. So I would even just as well be very happy to put a sign on my post, just identify myself as Michael Herbert Real Estate Broker. Even if the Board feels that community rentals may even attact business off the street, that is absolutely not what I meant. CHAIRMAN GOEHRINGER: Okay MARIE ONGIONI: It is going to be a self-contained business with no visability. The district is zoned Hamlet Business. So this were not a residential structure, he would be allowed to conduct this business from the site. It is a very unique situation and I would aski the Board to think long and hard about it because it's Hamlet Business, ~'be Fire Department is right across the street from the house. I unders'~nd the Fire Department may be expanding, I understand they have acquired a couple of properties in the area. This in no way will detract from the area, change the adjacent property owners and for all intensive purposes the building will remain entirely the same. My memo contains the law on the matter and you are all very familiar with the landmark case and I have analyzed that and compared it to the facts and this ~plication. And I Page 10 Public Hearing--Michael Souhtold ZBA 1/23/92 ~rbert ONGIONI Con't: respectfully request that you take a real hard look at this, because ~ is a unique situation for Mr. Herbert. He has a very good tract record. He had the Bed and Breakfast for four and one-half (4½) years. And I understand that that was explimentary. He now has a three (3) family house and that has been run very effectively and successfully. And I understand that the original tenants are still in the building. Based on this own tract record, you can rest assured that this in no will be a discredit to the community. CHAIRMAN GOEHRINGER: We had asked the Building Inspector for a comment on this particular case. Do you have a copy of it? MS. ONGIONI: Yes. Linda gave it to me as I was coming in tonight. CHAIRMAN GOEHRINGER: Okay. That is my next question to Mr. Herbert. I don't know if any neighbors are in attendance tonight, but have any neighbors voiced a negative opinion toward either you or your tenants concerning this three (3) family house? MICHAEL HERBERT: No. CHAIRMAN GOEHRINGER: Again I refer to it as two (2) families and a managers quarters. MICHAEL HERBERT: No. Not at all. CHAIRMAN GOEHRINGER: No. You had relativily good communication with the neighbors? I know that they have been there for many years on both sides. MICHAEL HERBERT: Yes. There has never been any difficulty between my- self and my neighbors. And I even address the letter to both of my neighbors making them aware of what my intentions were. And which is being clearly stated specifically what we said tonight. CHAIRMAN GOEHRINGER: My second request is that, of course, of coming over and physically visiting the site. Do you have any problems with that? MICHAEL HERBERT: No. Not at all. CHAIRMAN GOEHRINGER: Okay. I did ask Mr. Dinizio if he was available this weekend and he told me he was not available this Saturday. I don't know what the story is with next Saturday. Are you available? MEMBER DINIZIO: That's fine. CHAIRMAN GOEHRINGER: Next Saturday is okay? Let's say 10 ish or so. MICHAEL HERBERT: 10:00 will be fine. CHAIRMAN GEOHRINGER:. Okay. Would you let us know if you can't make it or if there is any change during the week please. Page 11 O Public Hearing--Michael Herbert Southold ZBA 1/23/92 MICHAEL HERBERT: Yes. CtIAIRMAN GOEHRINGER: Thank you MS. ONGIONI: I would like to take a closer look at the comments of Mr. Lessard and if necessary I would like to make an additional sub- mission to the Board. CHAIRMAN GOEHRINGER: Well certainly, because we are going to recess it. MS. ONGIONI: You are not going to close the meeting. CHAIRMAN GOEHRINGER: I am not going to close the meeting. No. It wouldn't be unfair for you to have to comment on this matter in thirty (30) seconds before the meeting. MS ONGIONI: Thank you, I appreciate it your courtesy. CHAIRMAN GOEHRINGER: Hearing no further comment, oh I'm sorry. Is there anybody else who would like to speak either for or against this application? Okay. Seeing no hands I make a motion recessing this to the next regular scheduled meeting. MEMBER GRIGONIS: Second Ail in favor - Aye. Lorraine A. Miller (Transcribed by tapes recorded by me on 1/23/92) TRANSCRIPT OF HEARING SOUTHOLD TOWN BOARD OF APPEALS REGULAR MEETING OF THURSDAY, MARCH 5, 1992 Board Members Present: Chairman Gerard P. Goehringer Members: Grigonis, Dinizio, Villa, and Doyen Linda Kowalski, ZBA Secretary and approximately 30 persons in the audience. Appeal # 4075 Applicant (s): Mr. Michael Herbert Location of Property: 795 Pike Street, Mattituck, County Tax Map No.: 1000-140-2-23 NY CHAIRMAN GOEHRINGER: This is a continuation of the prior meeting held on January 23, 1992. Miss Ongioni do you have anything you would like to add to the file? Ms. Ongioni: No sir, I don't have anything I would like to add to the file. It seems that the file is complete at this time. I am'here to answer any questions which the Board may have. CHAIRMAN GOEHRINGER: We went down and reviewed the property with Mr. Herbert and had a very nice tour. He did an excellent job to the building. It is very tastefully done. I have nothing other to say and we will see if it generated any questions from anyone else on the Board. Gentlemen. Members: No. CHAIRMAN GOEHRINGER: I guess not and I thank you for coming in and we are sorry for bringing you here. MS. ONGIONI: Oh, that is fine. I urge the Board to approve the appli- cation and I rely on all the previous submitted documentation. CHAIRMAN GOEHRINGER: Okay.' Thank you. MS. ONGIONI: One question. Do you think the Boardmay be ruling on this tonight? CHAIRMAN GOEHRINGER: Probably not. We will probably be ruling on it I would say, within two or three weeks. I can't guarantee you that it depends. We have one hearing that may go a little while at the end evening tonight, so we are not really sure how late we are going to be. We have to make two decisions from the prior meeting and those are of great importance to us. It depends on how much we get into them. MS. ONGIONI: Well thank you very much for your consideration. Page 2 a~el Public Hearing--Mich Southold ZBA 3/5/92 Herbert CHAIRMAN GOEHRINGER: You're welcome. Thank you. I would to make a motion closing the hearing, reserving decision until later. MEMBER GRISONIS: Second. All in favor -Aye. (Transcribed by tapes recorded on 3/5/92) MARIE: ONGIONI CARMELA L. BORRELL~ LAW OFFICES OF MARIE ONGIONI 218 FRONT STREET P.O. BOX 562 gREeNPOrT, New YORk 11! iTeL. !5 6) 4'77-AO4e February 10, 1992 Mr. Gerard P. Goehringer, Chairman Southo!d Town Zoning Board of Appeals Town Hall 53095 Main Road, P. O. Box 1179 Southold, New York 11971 Re: Application No. 4075 - Michael Herbert Dear Mr. Goehringer: This office is in receipt of a copy of Mr. Lessard's memo to the Board dated January 23, 1992. We would like to address and/or clarify some of the matters mentioned in that letter. 1. Our application for relief requires Board action with regard to total requirements under the code. notes that the site area, parking and sign 2. The applicant does not intend to add any additional apartments but rather proposes to use only one room of his existing apartment for business purposes. We do not believe that the use of one room for what is mainly a telephone communication business constitutes a "substantial increase" in the use of this site. We also do not believe that the requested use will increase the parking requirements of ~ ~ ~ ~e as there ~ho,~ld be little, if any, on-site visits by either clients or prospective tenants. 3. We refer the Board to a letter from the Planning Board dated February 26, 1990 when Mr. Herbert was previously before this Board. A copy is enclosed for your convenience. You will note that the Planning Board felt the site had sufficient existing parking for a three unit residential use and site plan approval was waived because there was no alteration of the premises proposed by the applicant except as noted in the letter. Applicant proposes no alteration to the premises at this time and as stated previously no additional parking requirements are anticipated because of the lack of transient visitors. 4. Mr. Lessard's reference to the proximity of the Fire House merely reiterates what applicant has contended. This is a commercial area and the requested relief will not alter the character of the area nor impose additional need for services. Thank you for your time in reviewing this response. Very truly yours, Carmela L. Borrelli cc: Mr. victor Lessard, Principal Building Inspector SOUTHOLD TOWN ZONING BOARD OF APPEALS In the Matter of the Application of MICHAEL HERBERT, for a Variance from Article IX, Sections 100-9lA and 100-92 of the Southold Town Zoning Code. MEMORANDUM IN ~UPPORT OF THE APPLICATION OF MICHAEL HERBERT FOR A VARIANCE FROM THE ZONINg CODE ~TATEMENT OF FACT8 This applicant has prior approval from the requisite Town Boards to maintain three apartments at the site, two of which are duplexes and one apartment located entirely on the first floor. Mr. Herbert occupies one of the duplexes which has one room on the first floor and four rooms on approximately 900 square feet. first floor front room (14 x 15) the second floor and consists of Mr. Herbert intends to use the as an office. The balance of the apartment, which is on the second floor consists of approximately 800 square feet. An alternative to this room as an office is the summer kitchen located in the rear of the building which has a 1 separate entrance. This room is not contained in any of the apartments and is 143 square feet. Floor plans for each apartment have been previously supplied to this Board for review. POINT I - PI~ACTICAL DIFFICULTY NECESSITATES A VARIANCE. This Board has the authority to modify and/or sections of the zoning code and thus has authority to interpret grant the requested variance. In 1956 the Appellate Division, Second Department, stated that area variances could be granted provided the applicant could show "practical difficulties". Bronxville v. Francis, 150 N.Y.S. 2d 906, aff'd 1 N.Y. 839. This standard was affirmed by the New York State Court of Appeals, when it stated that "it is incumbent upon an applicant for an area variance to demonstrate that 'strict compliance' with the zoning ordinance will result in practical difficulties. Fuhst v. Foley, 45 N.Y. 2d 441 (1978). The matters to be considered before granting an area variance are set forth in Wachsberqer v. Michalis, 191 N.Y.S. 2d 621 (1959). These criteria, set forth in that case, have been recently codified by the N.Y.S. in July, 1992 criteria are: Legislature and will become a statutory requirement (Chap. 692, Laws of 1991, a new Sec. 267-b). The 2 how substantial the variance is in relation to the if the variance thus produced requirement; 2. the effect, population density is allowed, of the increased on available governmental facilities 3. character adjoining (the request in Wachsberaer was for a two family house); whether a substantial change will be produced in the of the neighborhood or a substantial detriment to properties created; 4. whether the difficulty can be obviated by some method, feasible for the applicant to pursue, other than a variance; 5. whether in view of the manner in which the difficulty arose and in consideration of all the above factors the interests of justice will be served by allowing the variance. The standard set forth in the case law, and to be incorporated in the new statutory requirement, is a balancing of need against harm coupled with an analysis of possible alternatives. The Board is invited by the case law (and the new statute) to weigh the matter before granting relief in order to prevent an injustice by strict application of the law. The facts mandate that this application be granted. The variance requested is not substantial and there will be no permanent effect on population density. Applicant has no other means to obviate the requirements of the code, and in view of the 3 current state of the economy, Mr. Herbert did not anticipate that he would require relief when he was before this Board in the past. The requested relief will not affect a substantial change in the neighborhood nor will it be a substantial detriment to adjoining properties. The area in which the premises is located is zoned Hamlet Business. The surrounding property contains many business of varying type. Mr. Herbert will be engaging in the real estate management business, not real estate sales. Thus, the office he wishes to establish is merely a business setting in which he can make phone calls and keep appropriate records. Clients will not attend at the office nor is there call for the general public to utilize Mr. Herbert's services. Mr. Herbert intends to use the room he converts to an office more as a "command post" from which he will utilize the telephone with appointments and scheduled at the property site he will be managing. will not be involved in real estate sales. properties by telephone with appointments There will be no increase in traffic, pedestrian. an increase There will be no change to the character a detriment to the adjoining properties. conferences Mr. Herbert He will be managing at on-site locations. either vehicular or There will be no increase in noise nor will there be in the usage of available governmental facilities. of the neighborhood nor 4 In short, Mr. Herbert's predicament is unique. He occupies a three family house in the Hamlet Business zone. He is surrounded by residential and business properties, including the Mattituck Fire Department. His occupancy of the house is mandatory in order to maintain its three family status. Mr. Herbert seeks relief to use a room (either a room in his dwelling unit or a room in the rear of the house now unoccupied and not a part of any of the three apartments) as an office for telephone work and record keeping. There will be no employees, nor will there be traffic flow from the public (customers/clients). There will be no walk-in traffic. Mr. Herbert's veracity and credibility are also factors to be considered in this application. He maintained a respectable bed and breakfast for 4 1/2 years and with the downturn in the economy and changing needs of the community, has converted the property into an owner occupied three family house. Since September 1990, he has had the apartments rented to the original tenants (both are single, quiet, peaceful, law abiding individuals). Certainly the requested relief will not produce a change in the character of this business oriented area nor will it increase the population density with its inherent increase on the need for governmentaly supplied services. 5 CONCLUSION Applicant's request for a variance width requirements should be granted. from the area and front DATED: January 23, 1992 Greenport, N. Y. Respectfully submitted, MARIE ONGIONI Attorney for Applicant 218 Front Street P. O. Box 562 Greenport, New York 11944 SOUTHOLD TOWN In the Matter of the Application of MICHAEL HERBERT For a Variance MEMORANDUM IN SUPPORT MARIE ONGIONI, ESQ. 218 Front Street P. O. Box 562 Greenport, N. Y. 11944 (516) 477-2048 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ScoTr L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 January 28, 1992 Mr. Michael Z. Herbert 795 Pike Street Mattituck, NY 11952 Re: Appl. No. 4075 Dear Mr. Herbert: Proposed Business Office Thank you for calling to confirm that arrangements have been made by you with the tenants concerning the Board's request to view your home on Saturday, February 1, 1992 at 10:00 a.m. Should there be any change, please let us know. Very truly yours, cc: Marie Ongioni, Esq. Linda Kowalski MARIE: ONG[ON[ CARMELA L. BORRELLI LAW OFFICES OF MARIE ONGIONI 218 FRONT STREET GREENPORT, NEW YORK i i ' ~anuar7 15, 1992 Ms. Linda Kowalski Zoning Board of Appeals To~n Hall Main Road Southold, New York 11971 Re: Michael Herbert Application Dear Linda, This will confirm our telephone conversation on Tuesday, January 14th wherein I requested that you proceed with scheduling this matter for the January 23rd meeting. If the Planning Board has not as yet responded to your request for comments, we will agree to close the hearing subject to the Planning Board's comments. With regard to the possibility of a sign on the property, we believe it is our client's intention to request such authorization from the Planning Board. We do not believe that any action is required from the Zoning Board of Appeals with regard to signs. Again, I wish to thank you for your assistance and cooperation. v~-ry %ru!y yours, CARMELA L. BORRELLI APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. 0ames Dinizio,'Jr. Robert A. Vi~la Southold Town Board of Appeals MAIN RnAD- STATE ROAD 25 SI~UTI-InLD, L.I., N.Y. llcJ?l TELEPHONE (516) 765-1809 TO: FROM: DATE: SUBJECT: :Planning Board Board of Appeals January 6, 1992 Site Plan Coordination - Michael Herbert Our File # 4075 Our office has received the above-noted application which is or will be pending before the Planning Board. A request is made at this time under the site plan regulations in order that you may be provided with notice to respond within the next sixty (60) days as required by Section 100-254B(3). Please communicate those areas which you feel may significantly affect those site plan elements applicable in the new project. Your comments, of course, may be noted by you as "preliminary" at this early time. Should additional information be necessary, please feel free to stop by our office to review the file or make copies as you deem will be necessary for the preliminary review. Thank you Attachment MARIE ONGIONI ATTORNEY AT ].AW 218 FRONT STREET, GREENPORT, NEW YORK 11944 (516) 477-2048 December 30, 1991 Ms. Linda Kowalski Zoning Board of Appeals Southold Town Hall Main Road Southold, New York 11971 Re: Michael Herbert Application Dear Linda, In accordance with your request, I enclose the floor plans for each apartment in the house in which a variance in now requested for the owner's apartment. Please note that the Mr. Herbert's apartment is a duplex having rooms on both the first and second floor and that Mr. Herbert wishes to utilize either a portion of the kitchen or what was the "summer kitchen" area at the rear of the house as the area devoted to his real estate business. The second apartment has rooms only on the first floor while the third apartment is also a duplex with rooms on both the first and second floor. I hope that we have now submitted all the requisite data and that the floor plans adequately marked. Very truly yours, MARIE ONGIONI By: a~ Ca orrelll Law Clerk Encs. INSPECTORS Victor Lessard Principal Building Inspector Curtis Horton Senior Building Inspector Thomas Fisher Building Inspector Gary Fish Building Inspector Vincent R. Wieczorek Ordinance Inspector Robert Fisher Assistant Fire Inspector Telephone (516) 765-1802 OFFICE OF BUILDING INSPECTOB TOWN OF SOUTHOLD SCOI'I L. HARRIS, Supervisor Southold Town Hall P.O. Box 1179, 53095 Main Road Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO: FROM: SUBJECT: DATE: / Board of Appeals ~3 tor Victor Lessard, Principal Building Inspec Michael Herbert, Pike Street, Mattituck, N.Y. January 23, 1992 Mr. Herbert applied for a building permit in order to get his disapproval to file with your board. On application under existing use he put three family dwelling. Under entended use Home Office Occupation. Speaking to him, I got the impression that this would be in addition to the three family dwelling (copy of application enclosed.) This application poses problems that should be addressed. 100-92 - Bulk & Parking. Requires 20,000 Sq. Feet for each use. 100-261 - A substantial increase in use requires a special exception. 100-91 (B) 4C - No more that (3) apartments per building. 100-92 - The increase in parking generated by the added activity. This is plus requirements for parking of three families. 100-250 - An amended site plan. Page "2" - Re: Michael Herbert This property has gone to a bed and breakfast activity; to a three family dwelling and now an office activity. Applicant should be advised as to what his present status is at i.e. exactly what he presently can do and no longer what he cannot do, and then address this latest proposal. Things like does he still have to reside there or is that eliminated now that he is no longer in a residentiial zone. Lastly, none of the proposed office businesses proposed can be run or controlled as a telephone business alone. Also it would be impossible to enforce a parking condition if it is not spelled out before hand. This town road is a main avenue of response for the fire department almost across the street. VL:gar SOUTHOLD TOWN ZONING BOARD OF APPEALS In the Matter of the Application of MICHAEL HERBERT, for a Variance from Article IX, Sections 100-9lA and 100-92 of the Southold Town Zoning Code. MEMORANDUM IN SUPPORT OF THE APPLICATION OF MICHAEL HERBERT FOR A VARIANCE FROM THE ZONINO COD~ STATEMENT OF FACTS This applicant has prior approval from the requisite Town Boards to maintain three apartments at the site, two of which are duplexes and one apartment located entirely on the first floor. Mr. Herbert occupies one of the duplexes which has one room on the first floor and four rooms on approximately 900 square feet. first floor front room (14 x 15) the second floor and consists of Mr. Herbert intends to use the as an office. The balance of the apartment, which is on the second floor consists of approximately 800 square feet. An alternative to this room as an office is the summer kitchen located in the rear of the building which has a separate entrance. This room is not contained in any of the apartments and is 143 square feet. Floor plans for each apartment have been previously supplied to this Board for review. POINT I - PRACTICAL DIFFIGULT¥ NECESSITATES A VARIANCE. This Board has the authority to modify and/or interpret sections of the zoning code and thus has authority to grant the requested variance. In 1956 the Appellate Division, Second Department, stated that area variances could be granted provided the applicant could show "practical difficulties". Bronxville v. Francis, 150 N.Y.S. 2d 906, aff'd 1 N.Y. 839. This standard was affirmed by the New York State Court of Appeals, when it stated that "it is incumbent upon an applicant for an area variance to demonstrate that 'strict compliance' with the zoning ordinance will result in practical difficulties. Fuhst v. Foley, 45 N.Y. 2d 441 (1978). The matters to be considered before granting an area variance are set forth in WachsberqeF v. Michalis, 191 N.Y.S. 2d 621 (1959). These criteria, set forth in that case, have been recently codified by the N.Y.S. Legislature and will become a statutory requirement in July, 1992 (Chap. 692, Laws of 1991, a new Sec. 267-b). The criteria are: requirement; 2. the effect, population density how substantial the variance is in relation to the if the variance is allowed, of the increased thus produced on available governmental facilities (the request in Wachsberaer was for a two family house); 3. whether a substantial change will be produced in the character of the neighborhood or a substantial detriment to adjoining properties created; 4. whether the difficulty can feasible for the applicant to pursue, be obviated by some method, other than a variance; 5. whether in view of the manner in which the difficulty arose and in consideration of all the above factors the interests of justice will be served by allowing the variance. The standard set forth in the case law, and to be incorporated in the new statutory requirement, is a balancing of need against harm coupled with an analysis of possible alternatives. The Board is invited by the case law (and the new statute) to weigh the matter before granting relief in order to prevent an injustice by strict application of the law. The facts mandate that this application be granted. The variance requested is not substantial and there will be no permanent effect on population density. Applicant has no other means to obviate the requirements of the code, and in view of the 3 current state of the economy, Mr. Herbert did not anticipate that he would require relief when he was before this Board in the past. The requested relief will not affect a substantial change in the neighborhood nor will it be a substantial detriment to adjoining properties. The area in which the premises is located is zoned Hamlet Business. The surrounding property contains many business of varying type. Mr. Herbert will be engaging in the real estate management business, not real estate sales. Thus, the office he wishes to establish is merely a business setting in which he can make phone calls and keep appropriate records. Clients will not attend at the office nor is there call for the general public to utilize Mr. Herbert's services. Mr. Herbert intends to use the room he converts to an office more as a "command post" from which he will utilize the telephone with appointments and conferences scheduled at the property site he will be managing. Mr. Herbert will not be involved in real estate sales. He will be managing properties by telephone with appointments at on-site locations. There will be no increase in traffic, either vehicular or pedestrian. There will be no increase in noise nor will there be an increase in the usage of available governmental facilities. There will be no change to the character of the neighborhood nor a detriment to the adjoining properties. 4 In short, Mr. Herbert's predicament is unique. He occupies a three family house in the Hamlet Business zone. He is surrounded by residential and business properties, including the Mattituck Fire Department. His occupancy of the house is mandatory in order to maintain its three family status. Mr. Herbert seeks relief to use a room (either a room in his dwelling unit or a room in the rear of the house now unoccupied and not a part of any of the three apartments) as an office for telephone work and record keeping. There will be no employees, nor will there be traffic flow from the public (customers/clients). There will be no walk-in traffic. Mr. Herbert's veracity and credibility are also factors to be considered in this application. He maintained a respectable bed and breakfast for 4 1/2 years and with the downturn in the economy and changing needs of the community, has converted the property into an owner occupied three family house. Since September 1990, he has had the apartments rented to the original tenants (both are single, quiet, peaceful, law abiding individuals). Certainly the requested relief will not produce a change in the character of this business oriented area nor will it increase the population density with its inherent increase on the need for governmentaly supplied services. 5 CONCLUSION Applicant's request for a variance width requirements should be granted. from the area and front DATED: January 23, 1992 Greenport, N. Y. Respectfully submitted, MARIE ONGIONI Attorney for Applicant 218 Front Street P. O. Box 562 Greenport, New York 11944 6 ~r. Robevt Cassner ;outhold Town Plannin~ Board ½3095 Main Road ;outho]d, New ¥or'k 11971 )ear Mr. Cassner: I hope this letter cla'i ?egardir~g Michael Herbert's aI ~n his ~partmen~ for a real Jill be col%ducted by t~!eDbon~ .n 0 .... r ]ocatlc, r?~ ~ill ~ot sales. Th~ house curr~:nh[y duplexe~ -and one apartment Herbert occupies one of 2r~t floor and ~our rooms .ntends to use the firs~ flocc balance of the apax'tment, approx]mately 800 :%quare f ~lan. altern = t~, An av~v~ ~ this rear of the building ~¢hic~ not contained in ,nny of th~ ~reser, t .at'. this afher;~oon~ 9arthar questions. As .~,lways, thank you for !O/jb {nclostl~e Januar~ flus the Planning Beard ~ication to u'ciiiz~? one of ;t~te 'mo~,~emer;t c.ffico. ~nd through subsequent ~[:'I limited $,o real estate r~{ 21 L3;~ :s of thre~ apartments, ocat~d entirely OFt the ~1: duplexes ~hich has one ....... econ.., floor. Mr rton zoo~ ('~.~" x 15) as ~iCL is o~ th~ second ~ -,h t. i el~OloSe a ,m is the sui~.u~.r kltchen apact~ents ~nd is 143 sql think it session, ,~,hctlld the Bo-r,a r% o E f ~ c---. , C,brl.q i 'L '7 ~ I 2~2 ), "P~ANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham. Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 TO: FROM: DATE: RE: PLANNING BOARD OFFICE TOWN OF $OUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Gerard P. Goehringer, Bennett Orlowski, Jr., Chairman, Board of January 22, 1992 Chairman ~.~ Request for Coordination - Appeal No. 407~qi~iaa~l Herbert, N/S Pike Street, 200 feet W/of Wickham Avenue, Mattituck SCTM# 1000-140-2-23 The following is in response to your request of January 6, 1992, for comments on appeal No. 4075, Michael Herbert. The Planning Board is not in favor of the proposed use of a room to be converted to a business sales office in addition to the existing uses of an owner-occupied two-family dwelling with manager's quarters. The Board considers the proposed use an over intensive use of this 20,129+- square foot parcel. PLANN~'NG BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Lathara, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD sco'l-r L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Sotnhold. New York 11971 Fax (516) 765-1823 TO: FROM: DATE: RE: Gerard P. Goehringer, Chairman, Board of Appeals Bennett Orlowski, Jr., Chairma~.~O~./~ January 21, 1992 Request for Coordination - Appeal No. 4075 Michael Herbert, N/S Pike Street, 200 feet W/of Wickham Avenue, Mattituck SCTM9 1000-140-2-23 The following is a preliminary response to your request of January 6, 1992, for comments on appeal No. 4075, Michael Herbert. The Planning Board is in favor of the proposed use, as permitted by the code, of the first floor on the above premises as a real estate office in this Hamlet Business District (HB). However, the application does not specify the nua~ber of apartments that will remain in addition to the real estate office. We feel this information must be obtained and evaluated in determining the intensity of use'. and the on-site parking requirements. We would appreciate the opportunity to comment further when all ~ details of this proposed change are known. Jl L I ~t,~? J<'! 7-C I-IEA/ MARIE ONGIONI ATTORNEY AT LAW 218 FRONT STREET, GREENPORT, NEW YORK 11944 (516) 477-2048 FAX {516) 477-8919 Ms. Linda Kowalski Zoning Board of Appeals Town Hall Main Road Southold, New York 11971 Re: December 10~-1991~ ~ppl~cation of ~ichaol HerBort Dear Linda, I enclose the following documents with the application of Michael Herbert for a variance. 1. Application in triplicate. 2. Notice of Disapproval of Building Inspector. 3. Notice to Adjoining property owners with certified mailing receipts. 4. Short Environmental Assessment form. 5. ZBA Questionnaire. ~ ~,~,~- ~. Four original prints of the survey. 7. Check #1242 in the sum of $300.00 payable to the Town of Southold. If the above documents do not meet with your approval, please let me know. Otherwise, I will assume that the application will be on the hearing agenda for January, 1992. As always, encs. thank~ APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOT1~ L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 INTER-DEPARTMENTAL MEMORANDUM TO: FROM: DATE: SUBJECT: Building Department Attn: victor Lessard, Principal Inspector Board of Appeals January 23, 1992 Application by Michael Herbert for Notice of Disapproval by Building Inspector Property Location: N/s Pike St., Mattituck As you may know, an application has been filed for a variance the above matter, and a public hearing is being held this' evening. in In reviewing the file, it was noted that the application upon which the building department's rejection was based indicates that a home office business is proposed. The application before us requests a variance to utilize a portion of the first floor apartment for business purposes as a real estate business and/or real estate office (copy of variance application attached). A copy of the variance application was reviewed by the Planning Board, and the usg was further questioned. Marie Ongioni, attorney for the application, confirmed to the Planning Board office yesSerday that the use is for a "real estate management office" (copy attached). There is definitely a need for a variance as to total land area for a proposed real estate business or office use due to the lack of sufficient land area. : Since the Hamlet Business zone district permits certain uses subject to site plan approval, we ask for your comments as to the intent of the following uses as they relate to the use provisions of the HB and Residential Zone Districts: Pag~ 2 - Inter-DepOmental Memorandum ~ary 23, 1992 To: Building D~partment Re: Notice of Disapproval - Michael Herbert Real estate sales office Real estate business Property Management Office Property Management Business Real estate office. It may very well be that all of the above terms apply to the same use category for a sales or rental business, or a real estate office. Thank you. Attachments FORM NO. 3 TOWN OF SOUTItOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL · ..N.o~,~. ~.'.~t.'.. J.,.~.c. ~ .... PLEASE TAKE NOTICE that your application dated .... -~ 3'.¥....a')~....4 ......... 19 .~ ~.. for pe~it to ~'~' '~' '~' ~ ~ ........ : ......... at Location of Property House No. Street Ham/et County Tax Map No. 1000 Section ... I.~.O ...... Block ... ~ ...... Lot . ~.~ ......... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds .~.~.. · ..... ......................... Building Inspector RV 1/80 617.21%. AppenDix C Slate Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM SEQR $. IS PROPOSED AO33ON: 6. DESCRmEPROdECTamEpLy: Applicant wlshes to ut±li--~e only a portion of his apa.r'tment to conduct business as a real estate broker. 7. AMOUNT OF LANO AFFECTED; ~' 8. WILL PROPOSED ACTION COMPLy WITH F-XISTING ZONING OR OTHER EXISTING LAND USS RE-~T'---~ICTJONS? [-]Yes ~'~No ItNo.(~escr,~eb.etly A prior Zoning Board of Appeals stricts use of the property. decision re- DOES ACTION INVOLVE A PERMIT APPROVAl.. OR FUNDING, NOW'~'R ULTIMATELY FROM ANy OTHER~ENTAL AGENCY STATE OR LCCALJ? ~] Yes ~o If yes, list agency(s) and permiuapprovall ~P THE AQTJON HAVE A CURRENTLy VALID PERMIT OR APPROVAL? ~ ~?'lYe$ ~]NO Ityes. list agency name anO petm~tlapproyat Special Exception previously' by the Zoning Board of Appeals 12. AS A RESUL~OF PROPOSED ACTION WILL EXISTING PERMITIAPPROVAL REQUIRE MOD~FrcA/ION7 granted CERTIFY THAT THE INFORMATION PROVIDED AeOVE IS TRUE TO TNE OEST OF Uy KNOWLEDGE - HERBERT Dec. 5, 199 If the action is in the Coastal Area. and you are a Stale agency, complele the } ~Coastal Assessment Form belore proceeding with this assessment OVER 1 (Co~t ir,-~d e~ ..... .' For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be comeleted by Applicant or Proiect sponsor) I. APPMCANT IMPONMOR MICHAEL HERBERT ~NAME ;3. PROJECT LOCATION: U.._______.~c,..,,~ Southold Town 4. cou.~ Suffolk FRECISS LOCATION (Sit--rom~ mtersect/on$, ~'~Om,nen! lan(3marKs, etc.. ot D~ 795 Pike Street Mattituck, N. Y:. 11952 The N.y.s' Environmental 0uality Review AC~ere~Uires of this form, and au envlronmenta£ review project and ~_he 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 siq- nificant and completed Environmental Assessment Form ia necessary. (¢) If all questions have been answered NO it is likely that the project is no= Significant. (di E~nvironmental Asses~men~ Will project result in a large uhysical chance to the project site or physlcaliy alter more~ than 10 acres of land? 2. Will there be a major chan=e to any unique or unusual land form on the sm=e? 3. Will prelect alter or have a large effect on 4. Will pro]eot have a potentially large, imuact on groundwater quality? 5. Will pro]eot significantly effec= drainage flow ~Yes _.__~No 6o Will Prelect affect any threatened or endangered .___~e s .._~.~o known to be importan~ to the co~~~unity? ~es 9. Will project adversel~ impact any site or Struct-~ 10. Will project have a m~jor effect on existing or 11. Will project result in major traffic problems 12. Will project reqularly cause objectionable odor~, noise, glare, vibration, or electrical disturb- 13. Will project have any impact on public health 14. Will pro]oct affect the e~i~=inq co~unit~ charac=~ of the com.munx=y or neighborhood? 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.) MICHAEL HERBERT B. Is the subject premises listed on the real estate market for sale or being shown to prospective buyers? { } Yes { × } No. (If Yes, p]~e a~h u~p!~ o~ "cond/~ns" of sale.) C. Are there ax~yl~rupo=als tD ~hange~rr alter land contou~u? { } Yes {X} No 1. Are there any areas which contain wetland grasses? No 2. Are the wetland areas shown on the map submitted with this application? n/a 3. Is the property bulkheaded between the wetlands area and the upland building area? n/a 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? n/a E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? n/a (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fencss which e~t and are not ~hown cn the survey map that you are submitting? No If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? No If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? No If yes, please explain where or submit copies of deeds.' I. Please parcel 3 family residence propose~ use 3 ~amily residence wit~ part of . ~ used for real esthete business. ' S£gn~ te 3/87, 10/901k list present use or operations conducted at this § 97-13 WETLANDS § 97-13 TOWN -- The Town of Southold. TRUSTEES -- The Board of Trustees of the Town of Sou:hold. [Added ~-5-84 by L.L. No. 6-1984] WETLA_NDS [Amended 8-26-76 by L.L. Ne. 2-1976; 3-26- _ i ~"/' ' '";' .~.r ~I'DAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with, or which border on, tidal waters, or lands lying beneath tidal waters, which at mean ]ow tide are covered by tidal waters to a maximum depth of five (5) feet, including but not limited to banks, bogs, salt marsh, swamps, meadows, fiats or other low lying' lands subject to tidal action: (2) All banks, bogs, meadows, fiats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following:, salt hay, bl~ek grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, groundseL m~rshmmHow and (:~) Ail land immediately udjacent to a tidal w~tiand as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. FRESHWATER WETLANDS: (1) "Fresh~vater wetlands" as defined in Article 24. Ti- tle I. § 24-0107. Subdivisions l(a) to l(d) inclusive, of the Environmental Conservation Law of the State of New York: and (2) All land immediately adjacent to a "freshwater wet- land." as defined in Subsection B(1) and lying with- in seventy.five (75) feet landward of the most land- ward edge of a "freshwater wetland." 9705 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 : ~%'or /.,~.~- ~ BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Ref: Appl. No. 3924 AND 3539. Upon application of MICHAEL HERBERT for permission to withdraw Z.B.A. determination rendered September 11, 1986 concerning a Special Exception to the Zoning Ordinance for the establishment of a Bed and Breakfast with owner- occupancy/residency. Subsequent to the Bed and Breakfast, the applicant received Special Exception conditional approval ; rendered March 29, 1990 for two apartments, other than the owner-occupied manager's quarters. This application is made pursuant to Condition No. 1 of the March 29, 1990 Z.B.A. determination. The subject premises is located in the Hamlet-Business (HB) Zone District and is substandard in size. Location of Property: 795 Pike Street, Mattituck, NY; County Tax Map District 1000-140-2-23. WHEREAS, a public hearing was held on September 26, 1991; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, the surrounding areas; and and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the north side of Pike Street in the Hamlet of Mattituck and is identified on the Suffolk County Tax Maps as District 1000, Section 140, Block 2, Lot 23. 2. The subject premises consists of a total area of approximately 20,129 sq. ft., is located in the Hamlet-Business (HB) Zone District, and is improved with an existing two-story framed principal building and accessory (storage) garage located in the rear yard area, all as shown on the sketch prepared for the applicant. Page 2 - Ref. Appl. No. 3924 and 3539 Matter of MICHAEL HERBERT Decision Rendered September 26, 1991 3. This application is being made pursuant to Conditions No. 1 and No. 3 of this Board's decision rendered on March 29, 1990 under Appl. No. 3924. At the time of making the application for a three-family dwelling, a Bed and Breakfast Use had been in operation (Appl. No. 3539), and the Bed and Breakfast operation was to cease i~ediately upon the effectuation and operation of the use conditionally authorized under Appl. No. 3924 (subsequent Special Exception). 4. During late of 1990, it is this office's understanding that the principal building in question was converted from a Bed and Breakfast to a two-family dwelling use and manager's quarters, under the auspices of the building department. 5. As a result of such conversion, the owner has filed this written application to show intent to cease and abandon the Bed and Breakfast use, as well as intent to comply with this Board'sdetermination. 6. It is also noted for the record that: (a) in September 1986, at the time of the conditional approval of a Bed and Breakfast operation, the subject premises was located in an "A" Residential and Agricultural Zone District. This parcel was, up until 1989, a nonconforming (substandard) parcel. Two-acre zoning (80,000 sq. ft. minimum lot area was in effect since May 1983.) (b) on January 10, 1989, the Southold Town Board adopted revisions to the Master Plan zoning maps and code, which also modified the zoning of the subject parcel to Hamlet- Business (RB). This parcel, having a land area of 20,000 sq. ft. or more, was conforming as to lot area. (e) on March 29, 1990, the conditional grant of an owner-occupied two-family dwelling use with manager's quarters was effectuated. (d) any change, modification, increase or expansion, structurally or otherwise, as well as change of use to other than two-family residential, will require further approval by the Board of Appeals as well as consideration by the Planning Board under the site plan regulations. Accordingly, there shall be no retail sales permitted at the premises, now or in the future, unless appropriate approvals from Building, Zoning and Planning have been issued. 7. In light of all of the above, the interests of justice will be served by granting the applicant's request to permanently withdraw the Bed and Breakfast operation. · Page 3 - Ref: Appl. Nos. 3924 & 3539 Matter of MICHAEL HERBERT Decision Rendered September 26, 1991 Accordingly, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, that the use authorized under Appl. No. 3924 for a Bed and Breakfast Operation in conjunction with owner occupany is hereby deemed WITHDRAWN, as requested and further noted above. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Dinizio and Villa. This resolution was duly adopted. :? ::l.-...2 ,,, "' ' R Properly Tox Service Agency~ GRE~ T PEGONIG TOWN OF SOUTHOLD Suffolk County, New York Phone 516-765-1801 Southold, New York 11971 J Date 41889 ~L-~ 7 19 ~/ BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of MICHAEL HERBERT to the Board of Appeals of the Town of Southold TO: Frances Giidersleeve Estate c/o James A. Gildersleeve Pike Str.eet Mattituck, New York 11952 YOU ARE HEREBY GIVEN NOTICE: NOTICE TO ADJACENT PROPERTY OWNER 1. Th.b. aLiLi~_~ intention of lhe undersigned to I~q~ti6n the Board of Appeals (rf the Town of Southold to request a(J_Variance]~(Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is de~- cribed as follows: 795 Pike Street, Mattituck, New York 3. That the pruperty which is the subject of such Petition is located in the following zoning district: Hamlet Business 4 1ha! h~ such Petition, !he undersigned will request Ihe followilrg relief: Use of a portion of first floor apartment for use as a real estate office. 5, 1hat the provisions of the Southold Town Zoning Cocfe applicable to the relief sought by lite under- signedare Article IX Section 100-92 , 93& 91A [ ] Section 280-A, New York Town Law for approval of access over rigbt(s)-of~way. 6. That within five day~ from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma), then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the T°wn °f S°uth°ld and deslgnated f°r the publicati°n °f such n°tii~s;~ (~/~,.~LL.. ~._' th~ you or your representative have the right to appear and be heard at such hearing. Dated: December 5, 1991 . Petitioner--MICHA~.L'~E~BERT Owners'Names:C/O Marie Ongioni, Esq. Post Office Address 218 Front Street, Box 562 Greenport, New York 11944 Tel. No. 016 ) 477-2048 [Copy of sketch or plan showing proposal to be attached for convenience purposes.] ~AME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ve P 269 2&5 623 RECEIPT FOR CERTIFIED MAIL Sen (See Reverse) P 269 285 ~24 RECEIPT FUll ~e:llHrlcu NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) Hr. & Mrs. John Keogh §~?~i~e St. Box 646 Mattituck. N. Y. 11952 Postage Ce~iDed Fee Retum~ty~ to whom Dat¢~o' ~very ,~/f ~/ //~ ~"~ , being duly sworn, deposes and says that on the /d day of ~ ,19 ,_~/_~, deponent mailed a true copy of the Notice sol forth on the re- verse side hereof, dmrected to each of the aHove-named persons at the addresses set opposite their respecllve names; thai Ihe addresses SOl opposile Ihe names of said persons are Ihe addresses of said persons as shown on the currep, I assessment roll 9,,l ~ lown of Southold; thai said Nolices were mailed al the Untied States Post Of' /,'~%Cr al .~~ ,/L thai said Nolices were mailed to each of sasd persons by ~regist~red) mail. Sworn te(~l~ore me this /~.~.~ day of ,,~../-~_. , 19,~ : N'ot ary P~blic MARY ANN CYBUcbh/ ~OTARY PUBLIC Stat~ el Ney, ~,, N0 52-5895900 ~n ~p~e~ Apn~ ~O lb~ (This side does not have to be completed on form transmitted to adjoining property owners.) BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of MICHAEL HERBERT to the Board of Appeals of the Town of Southold : TO: John A. and Frances M. Keogh P. O. Box 646 875 Pike Street Mattituck, New York 11952 NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOIICE: 1. Th.~_b..e~ inlention of lire undersigned to I~'%tq~i6n Ihe Board of Appeals of the 1own of Southold to request (a~?_~nce))(Special Exception) (Special Permit) (Other) [circle choice] ). 2. That the property which is the subject of tire Petitioo is located adjacent to your property and is des- cribed as follows: 795 Pike Street, Mattituck, New York 3. Thal the property which is the subject of such Petition is located in the following zoning district: Hamlet Business 4 1hal h'~ such Peliti(m, lhe undersigned will request Ihe following relief: ~U_s_e~o_f a._p~o.r_~%qn of_~f!.rs~t_ flo~or apar.t_m~e~n~t.._fo__r.~u_s~e..~_s~_a__zje, a_l_e~s._t~a_te office. 5. ]hat the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare Article IX Section 100-92 , 93 & 9lA [ ] Section 280-A, New York Town Law for approval of access ever right(s)-of-way. 6. That within five days from the date hereof, a writteo Pelitioo requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. (5~6) 765-[809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices;~hat you or your,llepresentative have the right to appear and be heard at such hearing. [1 /I Dated: December 5, 1991 . \~ ~ ~ // ~I ~ -- Petitioner HICBAE~ HERBE~ Owners' Names :C/p_~j_~[~_~_t~t, ~s~. Post Office Address 218 Front StreeL, Box 562 Greenport, New gork 1196~ Tel. No. ~16 ) ~77-20~8 [Copy of sketch or plan showing proposal to be attached for convenience purposes.] ~ ' ,, ~(o'i'icE O1~' HEARINGS ~ i.C'~~ NOTICEIS HEREBYGIVEN, pur- · ~,~ suant to Section 267 of the Town k~ Law and the Code of the Town of Southold, the following matters will bo held for public hearings bo- fo~ the SOUTHOLD TOWN BOARD OF APPEALS at the Scuthold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, JANUARY 23, 1992 commencing at thc times specified bi:low: (1) 7:35 p.m. AppL No. 4073 -- MR. AND MRS. EDWARD M, CUMMINGS. Variance to the Zon- ing Ordinance, Article III, Section 100-33, for permission to relocate existing garage to another location in the front yard area. Location of Property: 4775 Paradise Point.- Road, Southold, NY; County Tax · Map Parcel No. 1000-81-1-24.5. (2) 7:40 p.m. AppL No. 4079 -- GEORGE STORM. Variance to the Zoning Ordinance, Article XXILI, Section 100-230C(1) for approval of fence areas which will bo in ex- cess of the four-foot height limits- tion, Location of Property: 105 Bridge Lane, Cutchogue, NY; County Tax Map Parcel No. 1000- 118-3-3.5, also known as part of Lots 128 and 127 on thc Amended ~ of Nassau Point. (3) 7:45 p.m. F. Variance to the Zoning Ordinance, Article IX. Sections 100-91A and Section 100- 92, Bulk, Area and Parking Sched- ules, for permission to establish business sales office in addition existing uses as an owner-occupind two-family dwelling with man- ager's quarters. The lot area appli- cable to each use in this Hamlet- Business Zone District is 20,000 per unitA~se. The lot as exists is nonconfonning for the existing principal uses having a total lot area of 20,129+ sq. ft. Location of Property: 795 Pike Street, Matti- tuck, NY; County Tax Map Parcel No. 1000-140-2-23. (4) 7:50 p.m. Appl. ~o. 4077'--- TIIOMAS MONSELL. Vafianc~ to the Zoning Ordinance, Article IliA, Section 100-30A.3, Bulk and Area Schedule. for approval of the size of each proposed Lots gl, g2 and.~a'' #3, at 40,000 sq. ft. each, exclusive of wetland meadow areas and inclusive of proposed right-of- way easement areas as shown on the pending Minor Subdivision Map prcparcd by Roderick VanTuyl, P,C., L.S. (lastly dated July 29, 1991), under also consideration at this time by the Southold Town Planning Board, {Note: This application is not for 280-A access approval under New York Town Law since tbo Southold Town Planning Board will have jurisdiction over the proposed rights-of-way under its subdivision reviews.} Location of Property: Southerly end of Monsell Lane, Cutchogue, NY; County Tax Map Parcel No. 1000-138-I-2.1, 9,1,/ 13.1, 14, containing a total area as exists of 3.0 acres. (5) 7:55 p.m. Appl. No. 4047 -- ETHEL H. BETZ. (Congnuod from Decembor 16, 1991 as r~quested by adjacent property owner). Variance to the Zoning Ordinance, A~linle ill, Section 100-30A and Section 100-31A.3, Bulk Schedule, for proval of insufficicm lot area and width of two parcels, as conveyed by deeds in 1951 and 1956. Loca- tion of Property: Northeast side of Calves Neck Road, Southold, NY; County Tax Map Parc~l..~Mp.= 1000- 63-7-34 and 35. The Board of Appeals will at said time and place hear any and all per- sons or representatives desiring to bo heard in the above matters. Wrlt-~.\- ten comments may also bo submit- ted prior to the conclusion of thc subject hearing, Each hearing will not start before the times desig- nated above. For more information, please call 765-1809 or visit our office. Dated: January 13, 1992. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEAL~ GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski 7268-1TJ16 iV YORK} )S~ LJFFOLIO r of Mattltuck, In [~elng duly sworn~ says that he/she Is Principal SUFFOLK TIMES, o Weekly Mewapaper, lattituc~ in the Town of Southeld~ County of ate of New York, and that the MoUee of which o printed copy, has been regulady published in per once each week for / weeks commencing on tho /~,-;~- day of ~ Notary Pub,ic,.S~t~t~ ?f {~lew Y°rk Qu~lifi.d in Suffotk ,~oum! C.:,,rnmis$ion E~p~res Oct. 27, 1 NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following matters will be held for public hearings before the SOUTHOLD TOWN BOARD OF APPEALS at t. he Southold Town Hall, 53095 Main Road, Southold, New l York 11971, on THURSDAY, JANUARY 23, 1992, com- mencing at the times specified below: 4073 {1) 7:35 p.m. Appl. No. --MR. AND MRS. EDWARD M. CUMMINGS. Variance.to the Zoning Ordinance, Article III, Section 100-33, for permis- sion to relocate existing garage to another location in the front yard area. Location of Yropeny: 4775 Paradise Point Road, Southold, NY; County Tax Map Parcel No. 1000-81-1-24.5. (2) 7:40 p.m. Appl. No. 4079 --GEORGE STORM. Variance to the Zoning Ordinance, Arti- cle XXIII, Section 100-230C(1) for approval of fence areas which will be in excess of the four-foot height Hmitation. Location of Property: 105 ances to the Zoning Ordinance, Article IliA, Section 100-30A.3, Bulk and Area Schedule, for ap- proval of the size of each pro- 40,000 sq. ft. each, exclusive of wetland meadow areas and inclusive of proposed right-of- way easement areas aa shown on the pending Minor Subdivision Map prepaz~:l by Roderick Van- Tuyl, EC., L.S. (lastly dated July 29, 1991), under consideration at this time by the Southold Town Planning Board. (Note: This ap- plication is not for 280-A access approval under New York Town Law since the Southold Town Planning Board will have jurisdiction over the proposed rights-of-way under its subdivi- sion reviews.) Location of Pro- perty: Southerly end of Monsell Lane, Cutchogue, NY; County Tax Map Parcel No. 1000-138-1-2.1, 9.1, 13.1, 14, con- taining a total area as exists of 3.0 acres. (5) 7..55 p.m. AppL Nc~ 4O47-- ETHEL H. BETZ~ (Continued COUNTYOF SUFFOLK STAT[:. OF NEW YOP, K Bridge Lane, Cutchogue., NY; dule, for approval of insufficient County Tax Map Parcel No. I lot area and width of two par- 1000-118-3-3.5, also known as ! cels, as conveyed by deeds part of Lots 128 and 127 on the ] 1951 and 1956. Location of Pro- Amended Map of Nassau Point. ' perty: Northeast side of Calves (3) 7:45 p.m. i~ Neck Road, Southold, NY; County Tax Map Parcel No. ~ to the Zoning Ordinance, I 1000-63-7-34 and 35. Article IX, Sections 100-9lA I The Board of Appeals will at and Section 100-92, Bulk, Area I said time and,place hear any and and Parking Schedules, for per- I ' ali persons or representatives de- mission to establish businessI siring to be heard n the above sales office in addition to exist- matters. Written comments may ing uses aa an owner-occupied also be submitted prior to the two-family dwelling with mana- ger's quarters. The lot area ap- plicable to each use in this Ham- let-Business Zone District is 20,000 per unit/nsc. The lot as exists is nonconforming for the existing principal uses.having a total lot area of 20,129+ sq..ft. Location of Property: 795 Pike Street, Mattituck, NY; County ' Tax Map Parcel No. 1000-140-2-23. (4) 7:50 p.m. Appl. No. 4077 --THOMAS' MONSELL. Vari-. ss: P~tricia Wood,' being duly sworn, says that she is the Editor, or THE LONG ISLAND TRAVELER.WATCHMAN, a public newspaper printed at. Southold, in Suffolk Counly; and that tile notice or svhich the annexed is a printed copy, II,ts been .lauhlis]e¢ in said Long island. ']'raveJer-Walchlll;lu once each week loc / weeks .?uccessively, commcnci,',g on the ........... /..~. 5 ...... .~worn Io I)el'ore me this .. .................... ¢h1¥ of ,.T ammz'y ........................ 1992 Article III, Section 100-30A and ' ..... Section 100-31A.3, Bulk Sche- conclusion of the subject hear- ing. Each hearing will not start before the times designated above, For more information, please call 765-1809 or visit our office. Dated:~anxmry4-3~ BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER . CHAIRMAN By Linda Kowalskij · 1X, 1/16/92 (21)J Notary Public BARBARA A. SCHNEIDER NOTARY PUBliC, Slcte Bi New Y0tk No. 4800846 Qualified in Bullolk Cot~nt¥/ Commission Expires g/31p.~ NOTICE OF HEARINGS NO~DCE IS l IEREBY GIVEN. pur- suant Io Section 267 of the Town Law and the Code: of the Town of Southold, thc following matters will be held for public bearin//s fore the SOUTI IOLD TOWN BOARD OF APPEALS at thc Southold Town Ilall, 53095 Main Road. Somhold, New York 11971. on TIIURSDAY.~' MAP. Ctl 5. 1992 commencing at thc times specified below: /'~1) 7:30 p.m. Appl. No. 4075 ~N / (heanng reconvened). For perm:s- sion to establish bus ness sales of- fice in addition to existing uses t4 an owner-occupied two-f emil dwelling with manager's quarters The lot area applicable lo each us in this lIamlet-Business Zone Di trict is 20,000 per unit/use. 'Ibc lot as exists is nonconforming for the existing principal uses having a to- tal lot area of 20,129_+ sq. ft. Loca- tion of Property: 795 Pike Street, Mattituck, NY; Cmmty Tax Map Parcel No. 1000-140-2-23. (2) 7 35 pm. Appl. No. 4083--- LIiONARI) AND DONNA SCIILE- ff GAL. Variance to the 7xming Ordl- hence, Arlicle XXIII, Section 100- 231. for approval of fence exceed- ing the maximum four-foot height requirement in the front yard area and located along the northerly side property line. Location of Prop- erty: 1475 llome Pike Road, Maui- tuck, NY; also shown on the "Map . of Point Pleasanl' filed in the folk Connty Clerk's Office on May 17, 1916 as Map No. 720, filed Lot Nos. 13, 14 and part of 12 (containing 2.563 acres pf tolal lot area); County Tax Map Parcel ID (3) 7:40 p.m. Appl. No. 4071 -- JOSEPII F. BARSZCZEWSKI, Jla. Variances to the Zonblg Ordinance, Article XXIV, Section 100~244B,/ for pemrission to reduce setbacks, and Article XIV, Section 100-142, for lot coverage at more than thirty (30%) percent of the total lot area. Applicant/owner is proposing to locate a proposed principal storage building in this Light Industrial (LI) Zone District and will be required to obtain approval from the Southold Town Planning Board/ concerning thc site plan regulations applicable for this nonconforming lot. Location of Property: 145 Kerwin Boulevard, Greenport, NY; Map of Peconic Bay Estates. Lot No. 176; County 'Fax Map ID No. 1000-53-2-9. (4) 7:~0 p.m. AppI. No. 4084 -- MARY C. BRENNAN. Variance to the Zoning Ordinance. Article IliA/ Seclion IO0-30A.3. for approval of open porch (deck with too0 ing previous deck structure, with an insufficient rear yard setback and (20%) percent of the total lot area. This parcel ol land is located in thc I{-40 Zone Distdct and is noncon- forming as to lot area (contafilblg ~0 3201 sq. ft.), width at 45 feet, antJ~ lot depth at 71.41 feet. Location of Property: 319 Champlin Place, Greenport, NY: County Tax Map Parcel No. 1000-34-3-41. (5) 7'"' *~.m. Appl. No. 4074 -- ,MAC 2. (Sukru llgin) for a tariance to thc Zoning Ordinance, Article X, Section 10111(12) and Section 100-102, Ilulk, Area and Parking Schedule, for permission/ to establish retail sales of packaged food and non-fo{id items as usually found in a convcnicnce store, as an accessory to the existing gasoline service station, eliminating the service and repair areas (which were conducted in the existing bay areas of this one-story building.) Subject premises is nonconfomfing as to ~ total lot area and depth in this "Il'>x General llusincss Zone District. Lo- cation of Property: 7400 Main P. oad, Mattituck (Laurel School District), NY: County Tax Map STATE OF NEW ,..4K} }SS: COUNTY OF SUFFOLK) of Mattituok, said County, being duly sworn, says that he/she is Prlnclp Clerk of THE SUFFOLK TIMES, a Weekly Newspape published et Mattltuck, In the Town of Southotd, County- Suffolk and State of Mew York, and that the Notice of whlc the annexed is a printed cop,/, has been r~ulafly published said Newspaper once each week for / week successively, commencing on the .~g.~ day (6 and 7) 8:00 p.m. DR. I'IIILIP f. CENTONZE and MAP. II.YN CEN- TONZI'; -- regarding premises known as 5700 North Road Counly Tax Map Parcel No. 1000: ]40-2-11. Applicams, as contract la) Appl. No. 4082 -- Variauces VII, Seclion 100-72 for approval nf principal mrs hy dte addition of a ftc, or ama on the second floor (for a single-family dwelling unit), all this Residential-Office (RO) District is 40,000 sq. ft. This width. Principal Clerk Swom to before me this 8:20 p.,h. Apph ~o: 406~ III'EANOR S1EV EI~ICi i. Variance XXII , Sec km 00-239 and Article Ill, Secdon 100-32, flulk, Area anti Parking Schedule, for approval of the upland area of proposed Lot ~1 (79,449 sq. ft.) and proposed Lot ~2 (74.568 sq. riO. ami for lb) Appl. No. 4081 -- Special proval of the insufficient width of Exceptions Io the Zoning Oali- proposed lot //2 (73.37 ft.) along hence, Arficle VII, Section 100- ..C°x's. Neck. Road. {a/k/a. Cox Lane}. 7111(2 & 7) for permission to flus project ts a Minor Subdivision establish first floor professional Appbcatlon also pending before ~ental office, as penni[ted by Sec- thc Southold Town Planning lloard. tmn 100-711/(2), and a second Location of Property: Easterly side f, oor apart.,=, no, exceed,,,// 7,0 , oad sq. ft. hvable floor area, as · nry lax Map larcel No (8) 8:15 p.m. Appl. No. 4076/~1 of 3.765 acres. 'Ibc lloard of Appeals will at said FUq'URE SCP, I!W MACIIINIi time and place hearing any and all PRODUCTS (MI{. AND MRS. persons or representatives desifing~ WARREN Ii. IIU ;1! JR.) Variance to the Zoning Ordinance, Attic e ~t 9e heard in the above matters Vfll, Section 100-82 for approval ntten comments may a so be of an addition, for slorage purposes snbmltted prmr Io the conclusion (Inly, having an insufficient set- of the subject hearing. Each hearing will back from thc wcstery side prop- · not start before the erty llne. Subject premises is a ?mrs designated above For more nonconforming lot located in the/ mfoypatmn, please call 765-1809 Lighl Business (LII) ?x)ne District. or vmt our office. ~ [~oc~ztion of Property: North Side of Deled: February 13, 1992. -ounry Road 48 and the WestcHy IIYORDEROF'IIlIiSOU'IliOLD iide of Kcnny's Road, Southold, TOWN IIOAI~I)OFAppEALS qY; County Tax Map Parcel No. GFJ/ARDP. GOEiiRiNGEi{ 000-59-7-33. 7294-1TP20 Ily ISnda Kowalski NOTICE OF HEARINGS NOTICE IS HEREBY EN, pursu, ant to Section 26, of The Town Law and the Code of the Town of Southold, the following matters will be held for public hearings before the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, 53095 Main Road,/" Sonthold, New York 11971, on THURSDAY, MARCH 5, 1992 commencing at the times specified below: .~' (1) 7:30 p.m. Appl. No. 4075- ' MICHAEL HERBERT. Variance (hearing reconvened). For permission to establish business sales office in addition to existing uses as an owner~ occupied two-family dwelling with manager's quarters. The lotl area applicable to each use in this Hamlet-Business Zone~.I District is 20,000 per unit/us~./ The lot as exists is nonconfor~[ ming for the existing principa~ uses having a total lot area 20,129+ sq. ft. Location of Pro-~ perty: 795 Pike Street, Mat;e~ tituck, NY; County ~ Map Parcel No. 1000-140-2-23. -~' (2) 7:35 p.m. Appl. No. 4083- LEONARD AND DONNA SCHLEGAL. Variance to the Zoning Ordinance, Article XXIII, Section 100-231, for ap- provai of fence exceeding the maximum four-foot height re- quirements in the front yard areaff and located along the northerly' side property line. Location of Property: !475 HomePike Road, Mattituck, NY; also shown on the "Map of Point Pleasant" filed in the Suffolk County Clerk's Office on May 17, 1916' as Map No. 720, filed Lot Nos. 13, 14, and part of 12 (contain- ing 2.563 acres of total lot area);,/ County Tax Map Parcel ID No. 1000-114-1-5.1. (3) 7:40 p.m. Appl. No 4071- JOSEPH E BARSZCZEWSKI, JR. Variances to the Zoning Or- dinance, Article XXIV, Section 100-244B, for permission to reduce setbacks, and Article XIV, Section 100-142, for lot coverage at more than thirty~ (30%) percent of the total lot area. Applicant/owner is pro- posing to located a proposed principal storage building in this Light Industrial (LI) Zone District and will be required to obtain approval from the Southo!d Town Planning Board concerni_ng the site plan regula- tions applicable for this noncon;e, forming lot. Location of Pro: perty: 145 Kerwin Boulevard, Greenport, NY; Map of Peconic t,, Tax Map ID No. 100o-53-2-9. {4) 7:50 p.m. Appl. No. 4084- MARY C. BRENNAN. Variance to the Zoning Or- dinance, Article IliA, Section 100-30A.3, for approval of open// porch (deck with roof} replacing previous deck structure, with an insufficient rear yard setback and lot coverage at more than twenty (20%) percent of the total lot area. This parcel of land is located in the R-40 Zone District and is nonconforming as to lot area (containing 3201 sq. ft.), width at 45 feet, and lot/ depth at 71.41 feet. Location of Property: 319 Champlin Place, Greenport, NY; County Tax Map Parcel No. 1000-34-3-41. (5) 7:55 p.m. Appl. No. 4074- AMAC, 1NC. (Sukru Ilgin) for a Variance to the Zoning Or- dinanc~ Article X, Section 10lB (12) and S~:tipn~100-102, Bulk, Area and laZar'king Schedule, for/ permission to establish retail sales of packaged food and non- food items as usually found in a convenience store, as an ac- cessory to the existing gasoline service station, eliminating the service and repair areas (which were conducted in the existing bay areas of this one-story building.) Subject premises is,/ nonconforming as to total lot area and depth in this "B" General Business Zone District. Location of Property: 7400 Main Road, Mattituck (Laurel School District), NY; County Tax Map Parcel No. 1000-122-7-1. (6 and 7) 8:00 p.m. DR. PHILIP J. CENTONZE and./ MARILYN CENTONZE -- regarding premises known as 5700 North Road (County Road 48), Mattituck, NY; County 'Fax Map Parcel No. 100-140-2-11. Applicants, as contract vendees, are requesting: (a) Appl. No. 4982- Variances to the Zoning Ordinance, Arti- cle VII, Section 100-72 for ap-/" provai of the nonconforming area of the lot area for the establishment of two principal uses by the addition of a profes- sional dental office on the first floor, and retaining livable floor area on the second floor (for a single-family dwelling unit), all within the existing structure. The lot area applicable to each use~' in this Residential-Office (RO) Zone DistriCt is 40,000 sq~ ft. This lot is nonconforming as to area and width. (b) AppL No. 4081- Special Exceptions to the Zoning Or- dinance, Article VII, Section 100-7lB (2&7) for permission to establish first floor professional dental office, as permitted byj Section 100-71B(2), and a se- cond floor apartment not ex- ceeding 750 sq. ft. livable floor area, as permitted by Section 100-71B(7). (8) 8:15 p.m. Appl. No. 4076- FUTURE SCREW MACHINE PRODUCTS (MR. AND MRS. WARREN E. HMFE, JR.) Variance to the Zoning Or-,/-' dinance, Article VIII, Section 100-82 for approval of an addi- tion, for storage purposes only, having an insufficient setback from the wast~rly side property line. Subject premises is a non- conforming lot located in the Light Business (LB) Zone District. Location of Property: North side of County Road 48e-/ and the westerly side of Kenny's Road, Southold, NY; County Tax Map Parcel No. 1000-59-7-33. (9) 8:20 p.m. AppL No. 4068- ELEANOR SIEVERNICH. Variance to the Zoning Or- dinance, Article XXIII, Section 100-239 and Article III, Section / 100-32, Bulk, Area and Parking.~/ Schedule, for approval of the upland area of proposed LOt #1 (79,449 sq. ft.) and proposed LO~ #2 (74,568 sq. ft.), and for ap- proval of the insufficient width of proposed lot //2 (73.37 ft.) along Cox's Neck Road (a/k/a Cox Lane). This project is a Minor Subdivision Application also pending before thej~ Southold Town Planning Board. Location of Property: Easterly side of Cox's Neck Road, Mat- tituck, NY; County Tax Map Parcel No. 1000-113-8-5, con- mining a total of 3.765 acres. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above matters. Written comments ma~" also be submitted prior to the conclusion of the subject hear- ing. Each hearing will not start before the times designated above. For more information, please call 765-1809 or visit our office. Dated: February 13, 1992. BY ORDER OF THE SOUTHOLD TOWNf BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By: Linda Kowalski 1X-2/20/92(4) ~ COUNTYOF £UFF( S'I'ATF. C)F NI:W YORK ss: Pa'Jricia Wood,' being duly sworn, says that she is the Edilor, o1' THE LONG iSLAND TRAVELER-WATCHMAN, ;~ public newspaper printed at $omhold, in Suffolk County; and Ih~l the noficc of which the annexed is a printed copy, h,~s h,,:t'n puh sic( in said I-onl~ h;land 'l'r;welc'r-Walchman once t'ach week for · ............... ~ w~eks succcssivcly, cornmencing on Lhe .... Swm'n I() herm'e me Ibis ,~g9 z=( .' .................... d;Iy of Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, Sl,~te ol New York No. 4806846 Qualilied in Sgllolk Cogr~ty/ COmlllJssion Expires ~/./3; i. Irt.Z APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your recent application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the time allotted in the attached Legal Notice. Additional time will, of course, be available. A drafted or final written copy of your presentation, if lengthy, is always appreciated. Please feel free to call our office prior to the hearing date if you have any questions or wish to update your file. Yours very truly, Enclosure GERARD p. GOEHRINGER CHAIRMAN By Linda Kowalski JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE 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: F ROM: RE: DATED: SOUTHOLD TOWN ZONING BOARD OF APPEALS JUDITH T. TERRY, SOUTHOLD TOWN CLERK ZONING APPEAL NO. 4075, MICHAEL HERBERT DECEMBER 17, 1991 Transmitted is application for variance submitte by Marie Ongioni, Attorney at Law, on behalf of MICHAEL HERBERT, together with Notice of Disapproval from the Building Department, Short Environmental Assessment Form, Notice to Adjacent Property Owners, and survey map, with ZBA Questionaire to come.