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HomeMy WebLinkAbout3924 & 3539APPEALS 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 Halt, 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 Ref: Appl. No. 3924 AND 3539. Upon application of MICHAEL HERBERT for permission to withdraw Z.B.A. determination rendered September 11, 1956 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 Men,hers have personally viewed and are ~iliar with the premises in question, its present zoning, and ~e surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the north s:.de of Pike Street in the Hamlet of Mattituck and is identified on the Suffolk County Tax Maps as District 1000, Section 140, B~ock 2, Lot 23. [ 2. The subject premises consists of a total area of approximately 20,129 sq. ft., is located in the Hamlet-Business (~) Zone District, and is improved with an existing two-story f~amed principal building and accessory (storage) garage located in the rear yard area, all as shown on the sketch prepared for t~e applicant. Page 2 - Ref. Appl. O. 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 immediately 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's determination. 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 looated 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 (HB). This parcel, having a land area of 20,000 sq. ft. or more, was conforming as to lot area. (c) 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 ~wo-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: Appi. 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 Appt. 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. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.l., I~1,~¥. 119'71 TELEPHON~ J516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3539 Application Dated July 24, 1986 (Public Hearing August 14, 1986~, [Appellant(s)] TO: Rudolph H. Bruer, Esq. as Attorney for MICHAEL HERBERT Main Road Southold, NY 11971 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 2B0-a ~ Request for Special Exception under the Zoning Ordinance Article III , Section 100-30(B)[16] [ ] Request for Variance to the Zoning Ordinance Article , Section [ ] Request for 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 concluded on August 14, in the Matter of the Application under Application No. 3539 of MICHAEL HERBERT; and 1986 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 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. of 2. 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 238± feet, and is improved with the following structures: (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) ZONING BOARD CHAIRMAN, SOUTHOLD TOWN OF APPEALS Form ZB4 (rev. 12/81) Page 2 - Appeal No. 3539-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-1~' 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. 5-186 entitled, "A Local Law in Relation to Bed and Breakfast Facilities" was adopted permitting such uses by Special Exception in the "A", "M", "M-I", "B", "B-I", "C", and "C-l" 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 [16] makes exception for site-plan approval and reviews of the Planning Board for this use. 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 [1] 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, Grigo) Doyen, Douglass and Sawicki. This resolution adopted. * * P. iNGER, lk September 14, 1986 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 OP 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 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, NY 11971, on THURSDAYf SEPTEMBER 26f 1991~ commencing at the times specified below: (1) 7:30 p.m. Appl. No. 4054 - WILLIAM A. HANDS, JR. Varfance to the Zoning Ordinance, Article X, Section 100-102 (and Article XXIV, Section 100-242A) for permission to construct addition at the rear of existing principal building with a reduced easterly side yard setback and with an increase of the degree of setback nonconformance. Business-B. Location of Property: NY; County Tax Map District 1000, Lot 32. Zone District: General 24375 Main Road, Orient, Section 18, Block 2, (2) 7:35 p.m. Appl. No. 4049. MR. AND MRS. JOSEPH CARPENITO. Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct garage addition with insufficient front and side yard setbacks. The subject parcel is known as Lot 177 of Gardiners Bay Estates, Section Three, is Page 2 - Legal No~ Hearings for Septef~Ser 26, 1991 Southold Town Board of Appeals substandard in size, and is located in the R-40 Zone District. Location of Property: 170 Dogwood Lane, East Marion; County Tax Map No. 1000-38-5-5. (3) 7:38 p.m. Appl. No. 4053 - DOUGLAS MORRIS. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4B for permission to construct deck and step area within 75 feet of the bulkhead along Pipes Cove. ~ne subject premises is referred to as (combined) Lot Numbers 24 & 25 and is substandard in size. Location of Property: 1665 Shore Drive, Greenport, NY; County Tax Map No. 1000-47-2-30. (4) ' 7:40 p.m. Appl. No. 4052 - JOHN AND EVELYN KEATING. Variance to the Zoning Ordinance, Article XXVIII, Section 100-281A(7) and Article XXIV, Section 100-244, for approval of lot which is nonconforming and has not been held in single and separate ownership since 1957, and upon which is proposed the removal of the existing dwelling. A new dwelling structure will be applied for in the future to locate a dwelling which shall not be closer than 45 feet as restricted by Appeal No. 3703 rendered June 2, 1988. Total lot area is substandard at 22,137 sq. ft. in this R-40 Zone District. Location of Property: 19995 Soundview Avenue, Southold, NY; County Tax Map Parcel No. 1000-51-4-6. 5) 7:45 p.m. Appl. No. 4051 - WILLIAM AND JOAN FISHLINGER. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4B for permission to construct decks and steps between rear of existing dwelling and existing bulkhead. Parcel is conforming as to lot size in this R-40 Zone District. Location of Property: 1935 Pine Tree Road, Cutchogue, NY; County Tax Map No. 1000-98-1-11.1. (6) 7:48 p.m. Re: Appl. No. 3539. HERBERT. Application withdrawing Z.B.A. determination rendered September 11, 1986 concerning a Special Exception to the Zoning Ordinance involving the establisb~ment of a Bed and Breakfast. Subsequent to the Bed and Breakfast, the applicant received Special Exception approval rendered March 29, 1990 for two apartments, other than the owner-occupied manager's quarters, with conditions. 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 No. 1000-140-2-23. (7) 7:50 p.m. Appl. No. 4056 - CONSTANTINOS MARKOTSIS. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4(B) for approval of screen-enclosed deck addition at less than the required 75 feet of the bulkhead. The subject premises is substandard in size and is located in the R-40 Zone District. Location of Property: Corner of the south side of Main Bayview Road and the east ~ide of Williamsburg Drive (private road), Southold, NY; County Tax Map Parcel No. 1000-78-5-12. (8) 8:00 p.m. Appl. No. 4008 - ALEX HOMAYUNI and CHARLES KAPOTES. (Reconvened from March 22, 1991). Variances to the Zoning Ordinance, Article XXIV, Section 100-244B and Section 100-243A for permission to construct additions and accessory building: (1) exceeding the maximum lot coverage requirement for all structures/buildings, (2) increasing or enlarging, and reconstructing the existing nonconforming two-family building. (Nonconformities of the subject premises are: lot area, both front yards, and two-family use in this R-40 Zone District.) Location of Property: Corner of Goldin Avenue and the south side of Soundview Avenue, Southold, NY; County Tax Map No. 1000-135-2-22, 16, 17, 18, 19, (all as one tract of land for purposes of zoning). (9) 8:10 p.m. Appl. No. 4050 - RICHARD MULLEN, JR. Variance to the Zoning Ordinance, Article X, Section 100-101C, for approval of two concrete vehicle-display pads located in the northerly front yard area, and/or clarification of ZBA Appl. Nos. 3675 and 3674 as to whether or not Condition No. 2 of the November 18, 1987 decision intended to prohibit just parking of vehicles in front of outside display area. Location of Property: Corner of Cottage Place and the south side of the Main Road, Southold, NY; County Tax Map No. 1000-62-3-20 and 19 (combined as one lot for purposes of zoning and planning for the existing use). (10) 8:15 p.m. Appl. No. 4055 - ARTHUR TRUCKENBRODT. Variance to the Zoning Ordinance, Article III, Section 100-33, and Article XXIV, Section 100-242, for approval of an addition to existing dwelling with a reduced rear yard setback, and of an accessory shed located in the side yard area. Parcel is substandard in size and is located in the R-80 Zone District. Location of Property: along the westerly side of a private righ%-of-way known as Deidrick Lane, Orient, NY; County Tax Map No. 1000-18-03-27. 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. For more information, please call 765-1809. Dated: September 12, 1991. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski TO: Times-Review Delivered 9/ /91 L.I. Traveler-Watchman For Publication TOWN OF SOUTHOLD, NE~ YORK APPEAL FROM DECISION OF BUILDING iNSPECTOR APPEAL NO. °ATE .... 'FO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) .................................................................... St r e'~";~l" I~l~be r Name of Appellant Municipality THE ZONING BOARD OF APPEALS FROM ~4;~t~1~1 APPLICATION FOR PERMIT NO ....... ~.~--~-J-~ ................DATED ....... ..'?..Z .~...~...-..~.~'. ................... Street and Number Municipality State ( ) PERMIT TO USE ( ,/j PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ........................................... . ' ' in Street /Ham]et / Use Distr,ct on Zon g Map District lO00 ......... Map No. ~ Lot No. Prior Owner 2. PROVISION (SI 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 Secti on 3. TYPE OF APPEAL Appeal is mode herewith for (please check appropriate box) ( ) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 6:2 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decisio~ of the Building Inspector or with respect to this property.- Such appeal was ("~ request for a special permit ( ) request for a variance ~.~. Dated .................... .~' ......................................... and was made in Appeal No.....~..~.- ...... -? - z~ ' ~ REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinance is requested for the reason that' t Fon'~ (Continue on other side) REASON FOR APPEAL Cont*nued sary HARDSHIP because STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- 2. The hardship created is UNIQUE and is not shared by all properties alike in' the immediate vicinity of this property and in this use district because 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because STATE OF NEW YORK ) ) ss COUNTY 01: ) Sworn to this .............../~.~.......~} ........... day Signature Notary Public CNER RMER OWNER .AND ~j, I IMP. !3o0 ,- .5'3 ,-o Acre TOWN"~OF SOUTHOL~ P~OP~RTY RECORD'~RD VL. FARM CB. MICS. TOTAL DATE REMARKS .. TYPE OF BUILDING BUILDING CONDITION BELOW ~.- Volue Per Value- ' Acre ~' ~-,?,,~ FRONTAGE ON WATER ~.!.~ FRONTAGE ON ROAD DEPTH ;~ ~:_- :; BULKHEAD ~,.~ ~- '* COLOR --<.~-*-,,* * ...... * ......... a ..... , I ~ / ,, " .. , I If~q ' ~ ~ .. Foundation ...... Bath, - r · Basement .-' ' "'' ~1~,. :,,. ~. Walls , ,:., ,. Int~dor Finish LR. Fire Place Heat ,r T~e Roo Roams Ist Recreation ROO~ ......... 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 DF SOUTHOLD SCOTT k 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 XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: Variance from the Zoning Code, Article , Section Variance from Determination of South~ld Town Building Special Exception, Article , Section Special Permit X Appeal withdrawing ZBA determination 9/11/86 #3539SE APpeal No.: 3539S~pplicant: Michael Herbert Location of Affected Land: 795 Pike Street. Mattituck County Tax Map Item No.: 1000-t40-2-23 Within 500 feet of: Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Hi§hway, Thruway Boundary of Existing or Proposed __ Boundary of Existing or Proposed Other Recreation Area Inspector County, State or Federally Owned Land County, State or Federal Park or 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 withdraw ~Jndor Ap~1.~3539 9/11/86 involving Bed & Breakfast. ZBA ~etermination Copies of Town file and related documents enclosed for your review. Dated: October 24, 1991 Page 3 - Ref: Appl~os. 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. 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 October 24, 1991 Mr. Michael Herbert 795 Pike Street Mattituck, NY 11952 Re: Appl. No. 3539 and 3924 - Special Exception Requirements Dear Michael: Attached please find a copy of the determination rendered by the Board of Appeals concerning the above application. A copy of this decision has also been furnished for the Building Inspectors and Planning Board records and information. Please be sure to return to their offices for issuance of appropriate permits or other approvals in this project as may be appropriate (if not already obtained). Very truly yours, Linda Kowalski Enclosure Copy of Decision to: Southold Town Building Department Southold Town Planning Board Suffolk County Department of Planning Page 9 - Appl. No. 3539 Michael Herbert Hearing Transcript of September 26, 1991 Appl. No. 3539 - MICHAEL HERBERT The Hearing opened at 8:00 p.m. The Chairman read the legal notice for the record and application before receiving testimony. ~' CHAIRMAN: I have copy of sketch of original plan which shows the house that has been there for many, many years with really no difference in either situation of the special permits and I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Michael, would you like to say something for the record? MICHAEL HERBERT: Nothing other than to say that the apartments worked out very well. I thank you. CHAIRMAN: No complaints from the neighbors. MICHAEL HERBERT: None whatsoever. CHAIRMAN: I thank you. Anyone else who would like to speak in favor of this apllication. Anyone against the application. I make a motion withdrawing the original Bed and Breakfast application. ALL IN FAVOR. AYE. Appl. No. 4056 - CONSTANTINOS MARKOTSIS The Hearing opened at 8:00 p.m. The Chairman read the legal notice for the record and application before receiving testimony. CHAIRMAN: The plan from Proper T Services by James E. Fitzgerald, Jr., August 14, 1991 indicating a one story frame house approximately 20' from the right of way which is Williamsburg Road and the nature of this application is a completed or nearly completed proposed covered deck which lacks the roof area but the timbers are up. When I say the roof area I am referring to the fiberglass roofing except for one or two pieces which is at its closest point 71'2" to the steps or 74'2" to the existing, it appears to be property line. I apdlogize, the bulkhead and I have a copy of the Suffolk' County Tax Map indicating this and · surrounding propertie~ in the area. Mr. Fitzgerald. HOw are you tonight sir. Page 20 - Appl. No. 4055 Arthur Truckenbrodt Hearing Transcript of September 26, 1991 CHAIRMAN: I really can't answer that. BOARD ASSISTANT L. KOWALSKI: ~There is a violation on the pro- perty. CHAIRMAN: There is a violation on the property. The applicant is seeking to rectify thai violation by the nature of this application, I assume. MEMBER: It seems you got the cart before the horse. BOARD ASSISTANT L. KOWALSKI: When was it built? CHAIRMAN: Do we have any idea when it was built. MR. BOYD: It was begun this Spring some time. I don't know exactly when the violation notice was put on it. I agree it is the cart before the horse. I apologize for it but I wasn't there. I had nothing to do with that aspect. Certainly if he came to me I would have suggested it be done the other way around. Again, if clients always follow things I told them, I would be out of business pretty soon. CHAIRMAN: Thank you again. Hearing no further comment, I make a motion closing the hearing and reserving decision until later. ALL IN FAVOR: AYE. Theresa Reil~ly~ (Prepared from tape recording) 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 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 ACTION 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 9 Lot 23 WHEREAS, 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 identified 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. -. 0¢ 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 TH~ FOLLOWING CONDITIONS: J 1. That the Bed and Breakfast be withdrawn before permit commences on or about September 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 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3539 Application Dated July 24, 1986 (Public Hearing August TO: .Rudolph 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(B)[16] [ ] Request for Variance to the Zoning Ordinance Article , Section [ ] Request for 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 concluded on August 14, in the Matter of the Application under Application No. 3539 of MICHAEL HERBERT; and 1986 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 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. of 2. The subject premises consists of a total area of approximately ong-half acre with 85± ft..frontage along Pike Street and_aD average_lot depth of 238± feet, and is improved with the following.structures: (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) Form ZB4 (rev. "~/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 Appeal No. ~9-SE Matter of MICHAEL HERBERT Decision Rendered September 11, 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~l" General Business Zoning District. Abutting the subject premises to the north is the Long Islan~ 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. 5-186 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-l" 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 [16] makes exception for site-plan approval and reviews of the Planning Board for this use. 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 [1] 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 Doyen, Douglass adopted. lk Board: Ayes: Messrs. Goehringer, Grigonis, and Sawicki. This resolution ~as~u~y j ~ September 14, 1986 NOTICE OF HEARINGS NOTICE IS HEREBY GIV- EN, 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, NY 11971, on THURSDAYt SEPTEMBER 26, 1991, commencing at the times specified below: 7:30 p.m. Appl. No. 4054- WILLIAM A. HANDS, JR., Variance to the Zoning Or- dinance, Article X, Section 100-102 (and Article XXIV, Sec- tion 100-242A) for permission to construct addition at the rear of existing principal building with a reduced easterly side yard set- back and with an increase of the degree of setback nonconfm'- mance. Zone District: General Business-B. Location of Proper- ty: 2~375 Main Road, Orient, NY; County Tax Map District 1000, Section 18, Block 2, Lot 32. ~7:35 p.m. Appl. No. 4049- MR. AND MRS. JOSEPH CARPENITO. Variance to the Zoning Ordinance, Article lll;- Section 100-32 for permission to construct garage addition with insufficient front and side yard setbacks. The subject parcel is known as Lot 177 of Gardiners Bay Estates, Section Three, is substandard in size, and is located in the R-40 Zone District. Location of Property: 170 Dogwood Lane, East Marion; County Tax Map No. 1000.38-5-5. 7:38 p.m. Appl. No 4053- DOUGLAS MORRIS. Variance to the Zoning Ordinance, Arti- cle XXIII, Section 100.239.4B for permission to construct deck and step area within 75 feet of the bulkhead along Pipes Cove. The subject premises is referred to as (combined) Lot Numbers 24 & 25 and is substandard in size. Location of Property: 1665 Shore Drive, Greenport, NY; County Tax Map No. 1000-47-2-30. 7:40 p.m. Appl. No. 4052~ I[ Bed and Breakfast, the anoli- ~ 8'10 pm Appl No 4050- JOHN AN? EVELYN' ii cant received Special Excep'tio~ IRI~HA~I~ MU'LLE~4. JR. KEATING. Variance tothezon- ~ approval rendered March 29, /Variance to the Zoning Or- lng Ordinance, Article XXV!II, 'i \1990, for two apartments, othe~ / dinance, A{ticle X, Section Section 100-281A(7) and Arttcle [ I than t,he owner-occup ed / 100-10lC, for approval of two XXIV, Section 1~-2.44, for ap- i ] manager s quarters, with condJ concrete vehicle-display pads proval of lot which ~s noncon- L/ tions. This application is ma~ located in the northerly front .for.ming and has not l~een he? l~ pursuant to Condition No. I; yard area, and/or clarification m s~ngle and separate ownership i the March 29, 1990 Z.B.t of ZBA Appl. Nos. 3675 and since 1957, and upon which is proposed the removal of the ex- isting dwelling. A new dwelling structure will be applied for in the future to locate a dwelling which shall not be closer than 45 feet as restricted by Appeal No. 3703 rendered June 2, 1988. Total lot area is substandard at 22,137 sq. ft. in this R-40 Zone District. Location of Property: 19995 Soundview Avenue, Southold, NY; County Tax Map Parcel No. 1000-51-4-6. 7:45 p.m. Appl. No. 4051- WILLIAM AND JOAN FISHLINGER. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4B for permission to construct decks and steps between rear of ex- isting dwelling and existing bulkhead. Parcel is conforming as to lot size in this R-40 Zone District. Location of Property: 1935 Pine Tree Road, Cut- chogue, NY; County Tax Map No. 1000-98-1-11.1. /"7:48 p.m. Re: Appl. No. 3539? MICHAEL HERBERT. Ap- plication withdrawing Z.B.A determination rendered September 11~, 1986 concerning a Special Exception to the Zon- ing Ordinance involving the establishment of a Bed and -Breakfast. Subsequent to the determination. The subjec premises is located in th, Hamlet-Business (HB} ZOn~ District and is substandard size- Location of Property: 795 Pike Street, Mattituck, NY; County Tax Map No. ~0o0.1~0.2-23. J 7:50 p.m. Appl. No. 40~- CONSTANTINOS MARKOT- SIS. Variance to the Zoning Or- dinance, Article XXIII, Section 100-239.4(B) for approval of screen-enclosed deck addition at less than the required 75 feet of the bulkhead. The subject premises is substandard in size and is located in the R-40 Zone District. Location of Property: Corner of the south side of Main Bayview Road and the east side of Williamsburg Drive (private road), Southold, NY; County Tax Map Parcel No. 1000-78-5-12. 8:00 p.m. Appl. No. 4008- ALEX HOMAYUNI and CHARLES KAPOTES. (Reconvened from March 22, 1991). Variances to the Zoning Ordinance, Article XXIV, Sec- tion 100.244B, and Section,~' 100-243A, for permission to construct additions and ac- cessory building: (1) exceeding the maximum lot coverage re- qurirement for all struc- tures/buildings, (2) increasing or enlarging, and reconstructing the existing nonconforming two- family building. (Nonconfor. mities of the subject premises are: lot area, both front yards, and two-family use in this R-40 Zone District.) Location o f Pro. petty: Corner of Goldin Avenue and south side of Soundview 3674 as to whether or not Con- dition No. 2 of the November' 18, 1987 decision intended to prohibit just parking of vehiclex in front of outside display area. Location of Property: Corner of Cottage Place and the south side of the Main Road, Southold, NY; County Tax Map No. 1000-62-3-20 and 19 (combined ' as one lot for purposes of zon- ing and planning for the existing use). 8:15 p.m. Appl. No: 4055- ARTHUR TRUCKENBRODT. Variance to the Zoning Or- dinance~ Article Ill, Section 100-33, and Article XXIV, Sec- tion 100-242, for approval of an addition to existing dwelling' with a reduced rear yard set: back, and of an accessory shed~ located in the side yard area. Parcel is substandard in size and is located in the R-80 Zone District. Location of Property: along the westerly side of a private right-of-way known as Deidrick Lane, Orient, NY; County Tax Map No. 1000-18-03-27. The Board of Appeals will at said time and place hear any and aR persons or representatives desiring to be heard in each of the above matters. Written com- ments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated. For more informa- tion, please call 765-1809. Dated: September 12, 1991. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By: Linda Kowalski Avenue, Southold, NY; County Tax Map No. 10~0.135-2-22, 16,~ 17, 18, 19, (all as one tract o~.,/'~-7~-~-,¥-.~7~.....~.. land for purposes of zoning). Ii COUNTY OF SUFF~ S'I'A'I'IE OF NEW YORK ss: Palricia Wood,' being duly sworn, says that she is the Fditor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County., and lhat tile notice of which the annexed is a printed copy, Ii,is been .published in said I.ong Island Traveler-Walchman mice each week for . .................... /. .... weeks successiveJy, com,,lenCil~gon l,,e ......... /~.~ ...... d,~y or. .... ~., ~9. ~. ·" .................... (J;ly O~' ......~.., 19 .??.. Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, St:'te 0l New York No. 4B06846 Qualilied in Suffolk CoL~nl¥1 Commission Expires o°/3tp. Z NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of So·hold, the following matters will be held for public beatings before the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, 53095 Main Road, Southold, NY 11971, on THURSDAY. at the time~ specified below: (1) 7:30 p,m. AppL No. 4054 - WILLIAM A. HANDS, JR. Vefi~nc~ to the Zoning Ordinance, A~icle X, Section 100-102 (and Article XXIV, Sec~ 100-242A) for Fetmis~ion construct addition to the ~r of exist- lng ptincipel building with · reduced easterly side yard setback and ~ an.., increase of the degree of setba¢tr emi Business-B. Location of Pmpur- ty: 24375 Main Roan, O6ent, NY; County T~x Map Dimict 1000, Sec. tiee 1~, Block 2' I.~ 32. (2)~:35 IX·. Appl. No. 4049. MR. AND/MRS. JOSEPH CARPEN1TO, Vari~ce to the Zoning Ordinance, Anicin III. Section 100-32 for pennis- sion to co~smlct garage andinon with insufficient from and side yard set- becks. The subject ~ is known as/~ Lot 177 of Oardiners Bay Estates, Section Thee, is substandard in size, and is located in the R-40 Zone DIS- Uint. Location of Ptopuny: 170 D~g- wood Lane, East Mario~ County Tax Map No. 1000-38-5-5. (3) 7:38 p.m. AppL No. 4053 - DOUGLAS MORRIS. Variance to the Zoning Ordinance, Anlcle XXIIL Section 100-239-4B for pennfsrion to construct deck and stap area within 75 feet of the bulkhead along Pipes Cove. The subject premises is ~fe~ed to as (combined) Lot Num. bers 24 & 25 and is substenderd in size. Location of Property: 1665 Sho~ Drive, Greenport, NY; Co~mty Tax Map No. 1000-4%2-30. (4) 7:40 p.m. AppL No. 4052 - IOHN AND EVELYN KEATINC~ Variance to the Zoning Ordinance. Article XXVIII, Section 100-281A(7) and A~icl¢ XXIV, Sec6on 100-244, for approval of le~ which is noncon- fomung md has not b~n held in sin- gle and separate ownership since 1957, and upon which is propus~d tbe removal of the ~isting dwelling. A new dweliing structure will be plied for in the future to locate a dwelling which shall not be closer than 45 feet as restricted by Appeal No. 3703 rendered 1uae 2, 1988. To~l lot ama is substend~rd at 22'137 sq. ft. in this R-40 Zone District. Loc~6on of Property: 19995 Seund- view Avenue, Southold, NY; County (5) '/:45 p.m. Appl. No. 4051 - WILLIAM AND JOAN FISH;- LINGER. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4B for permission to con- street decks and steps b~w~n retr of exis6ng dwelling and existing bulk- he~d. Pamel is coufonning as to 1o~ cation of Pro~rty: 1935 Pine Tree Road, Cutubogue, NY; Co~mty Tax M~No. 1000-98-1-11.1. (6) 7:48 p.m. Re: AppL vlICHAEL HERBERT. Application ~ withdrawing Z.B.A. dcterminatlon rendered September 11, 1986 con- ceming a Special Exception to the Zoning Ordinance involving the ~stebli~anent of a Bed and BnmkfasL Subsequent to the Bed md thc applicmt received Special F~cep- '2. tion approval rendered March 29~ 1990 for two alm~nlems, other than the owner-occupian manager's qtmr- ten, with coeditions, This applic~inn is made pursuant to C~mdltion No, 1 of the March 29, 1990 Z~B,A.lde- termination. The ~ubjeet premises is located in the Hamlet-Business Zone Distriot and is substandard in1 size. Location of Propu~y: 795 Pike Street, Mettituck, NY; C~an~ Tgx Map No. 1000-140-2-23. (7) 7:50 p.m, AppL No, 405~ - CONSTANTINOS MARKOTSIS. Variance to the Zoning Ordinance, Article XXflI, Sec6on 100-239.4(g) for ~I.,v~ovel of sc~en-mclmed deck andition at less than the mluimd 75 feet of the bulkhead. The subject premises is substandard in siz~ and located in thc R-40 Zone District~-~' Location of property: Comet of the south side of Main Bayview R~d Bed the east side of WiEinmsbutg Drive (private read), Son. old, NY: CO~at¥ T~x Map parcel No. 1000-78-5-12. (8) g:O0 p.m, App1. No. 4008 - ALEX HOMAYUNI and CHARLES 22, 1991). Variances to the Zoning Ordinance, Article XXIV, Section 100-244B and Section 100-243A for penmssion to o~stmct analti~ls and accepory ~:ilding: (I) ~ ll~ for all structures/buildings, (2) increasing or enlarSing, and reconstructing the existing nonconforming two-family building. (Nonconformities of the subject premises are: lot area, both fron.t. yards, and two=family use in this R- ~rty: Comer of Goldin Avenue ~nd the muth ride of Seundview Avenor., Sonthold, NY: Ce~nty Tax Map No. 1~0-135-2-22' 16, 17, 18, 19, (all as one tract of land for Imq~o~es of ins). (9) 8:10 p.m. Appl. 4050 - RICHARD MULLEN~ JR. Varinnc~ to the Zoning Ordinance, Article X, Section 100-10lC, for approval of located in the northerly front yard-/. area. and/or clarification of ZBA AppL Nos. 3675 and 3674 as to whether or net Condition No. 2 of the November 18, 19~/decision intended to prohibit just pu~ing of vehicles in fro~ of euuid~ display a~r.~ Location uf pr~etty: Comer of C. ottege and the s~ath side ~ the Main Road, Seuthold, NY; County Tax Map No. 1000-62-3-20 and 19 (combined as one lot for purposes of zoning and pis~min g fe~ the existing ttm). STATE OF NEW YORK) )SS: ~Lr~ A. FOUVVODA COUNTY OF SUFFOLK~ . Notary Pub~. ~a~e of New York / ~ /'", ~ ,' NO. 4982430 said County, being dul~ sworn, says that ha/she Is Principal Clerk of THE SUFFOLK TIMES, n Weekly Newspaper, published Bt Mattltuok, In the Town of Southokl, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed cop,/, has been regul~ Imbli~ed In said Newspaper once each week for ! weeks ~;~_,~ssively, commencing on the / q day of Principal Clerk wwom to before ~nn this (10) 8:15 p.m. Appl. No, 4055 - ARTHUR TRUCKI~IBRODT. Va~i~ ance to the Zc~n8 Ordinance, II~ Section 100-242' for ~movel an ad~6~m to e~iatln8 dwelling with accessory shed located in the side yard area, Parcel is subttandard in size and is Ic~_-~_a in the R-80 Zone District. Location of Pr~e~: along dm westerly si~k~ of a priva~ right-of- way known as Deidrick Lane, NY; County Tax Map No. 1000-18- 03-27, The B°ard of Appeal· will at said time and place h~r any and all per- heard in the above matters, Written comments may also be submitte~-~[ prior to the concinsinn of the subject hearing. Each hearing will not start befo~ the 6meg ~esi~atan. For mo~ information, please call 765-1809, Dated: Sel~mber 12, 1991. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD E GOEHRINGER CHAIRMAN /~ I By L~de Kow~d~kl Copies of legal notice for the September 26, mailed to the following 9/13/91: Mr. William A. Hands, Jr. 295 Willow Terrace Orient, NY 11957 1991 hearings were Mr. Warren Sambach P.O. Box 1033 7675 Cox Lane Cutchogue, NY 11935 (picked up 9/13) Mr. Ernest Richter (Re: D. Morris) Richter Home Improvement Co. Box 112 515 Seventh Street Greenport, NY 11944 William D. Moore, Esq. P.O. Box 23 Clause Commons, Suite 3 Mattituck, NY 11952 (Re: J. Keating) Mr. David Cichanowicz Creative Environmental Design P.O. Box 160 Peconic, NY 11958 · Michael Herbert 795 Pike Street Mattituck, NY 11952 Mr. James E. Fitzgerald, Jr. Proper-T Services P.O. Box 617 Cutchogue, NY 11935 (Re: Markotsis) Mr. Lawrence M. Feeley Ward Associates 1500 Lakeland Avenue Bohemia, NY 11716 (Re: Homayuni & Kapotes) Karen J. Hagen, Esq. (Re: Wickham, Wickham & Bressler, P.C. P.O. Box 1424 Mattituck, NY 11952 Mullen Motors) Edward J. Boyd V, Esq. 54655 Main Road P.O. Box 1468 Southold, NY 11971 (Re: Truckenbrodt) BOARD OF APPEALS, TOWN OF SOUTHOLD in the Matter or the Petition 9f : to the Board of Appeals of the Town of Southold : YOU AR[ HFRFBY GIVEN NOIICE: NOTICE TO ADJACENT PROPERTY OWNER I. That it is the intention of the undersigned to petition the~oard of Appeals of the Town of Southold to request a (Variance) (Special Exception) (Special Permit) (0the~.~) [circle choice] 2. That the property which is the sub.act of the Petition is located adiacent to your property and is des- cribed as follows: '~ (J"5-' ~l ~'~ ?~'~-/.~..~.-r~ 3. That the property which~i,~ the subject of s~l~,h Petition is Io&.ated in the foUowing zoning district: 4 That b,~ such Petition, the undersigned will request the following relief: k~"~L,~,~,r ..~. ~ $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article ~ Sectic~ L~c~-~,_,~ c~ ~: ,~ lC~-~t J~ [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way~ 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma), then and there examine the same during regular office hours. (516) 765-1809. 7. That hefure 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 5outhold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: - ~ - ~ I Petitioner Owners'Names: Post. Office Addr..~s~5 [Copy..of sketch or purposes.] plan showing proposal to be attached for Convenience NAM~ PROOF OF MAILINGOFNOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS P 711 436 699 ,~,. Certified Mail Receipt No Insurance Coverage Provided ~,- Do not use for International Mail S t to Re , Slate & Z~P Code Return Receipt DeleSh~ingDelivemd Date, & Address el Delivery STATE OF NEW YORK COUNTY OF SUFFOLK SS.: /~//( ~r,~r~..~ - , being duly sworn, deposes and says that on the__ day of }~ _ ~_ 1 9 ._~/.___, deponent mailed a true copy of thc Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set oppos te the r respective . names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on ' the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at (certified) (registered) /nail. Sworn to before me this Notary Public HELENE D. HORNE Notaw Public, State of New No. 4951384 Com" Qualified In Suffolk Comity mission ~ May 22, ;that said Notices were mailed to each of said persons by (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 to the Board of Appeals of the Town of Southold TO: YOU ARE HEREBY GIVEN NOTICE: NOTICE TO ADJACENT PROPERTY OWNER 1. That it is the intention of the undersigned to petition the Board nf Appeals of the Town of Southold to request a (Variance) (Special Exception) (Special Permit) O [circle cho±ce] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: '-~:S- ¥-~ ~¢ ~::~:T'~'~:~--r 3. Tha! the property which is the subject of such Petition is located Ln the following zoning district: 4 That by such Petition, the undersigned will request the following relief: $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare Article '~ Section ~.0~-~c~ cz~,~j2 -~::-~' ~c~-~k-'_-~- [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way~ 6. Tha! within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. (516) 765-3.809. 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; that you or your representative have the right to appear and be heard at such hearing. Dated: .~c~.~~-'°r' (.~. IC~C~[ Post Office Address [Copy.of sketch or purposes.] plan showing proposal to be PROOF OF MAltING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS 711 436 7U0 Certified Mail Receipt No Insurance Coverage Provided Do not use for rnternational Mail (See Reverse) RO., State & ZIP Code Certified Fee Special Delivery Fee Restncted Delivery Fee RetMr n Receipt Sh°w'ng ~o Whom & Date Delivered Return Receipt Sh~in to Whom, Date.& STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: , being duly sworn, deposes and says thai'on the __ day of ~," - ~ ,19 ~, deponent mailed a true copy of thc Notice set forth on the re- verse s'ide hereof, directed to each of the above-named persons at the addresses set opposite their respecti~'e .' names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roil of the Town of Soufhold; that said Notices were mailed at the United States Post Of- ficcat .. ~.j(,. ~ -,-.~;. C~,C,~-- L.~.~.~ :that said Notices were mailed to each of said persons by (certified) (registered) m . ' , -~ / Sworn to b~fore me this day of ~,19 Notary Public HELENE O. HORNE Nmary Publ ¢, State of NewYadc No. 4961364 Commission Ex~ires May 22, l~/.~...,~P (This side does not have to be completed on form transmitted to adjoining property owners.) FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No Z19516 Date NOVEMBER 19r 1990 THIS CERTIFIES that the buildin~ Location of Property 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 JUNE 18r 1990 pursuant to which Building Permit No. 1~139Z 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 DWELLTNG 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 UNDERWRITERS CERTIFICATE NO. PLUMBERS CERTIFICATION DATED 1990 N159307 NOV. 8t WALTER L. DOHM OCT. 25t 1990 Building Inspector Rev. 1/81 GRE~ T P£GONIG ./ .... ~ ~) COUNTY OF SUFFOLK ~.OUTHOLD I ~,0.-1-13 C MA GORMAN MARY G ...... 6C 1~0.-1-15.2 C PE ORLOWSK[ PETER E & WF 1,0C '"I~0.-1- 19.1 .......... C RG MATTiTUCK PARK DIST ...... 5,30 160.-1-20 C KN NINE GLADYS G 50 140.-2-1 C KM ~NNON DENNIS R ~.~140.-2-~ ..... ~ LF SW~ATOCNA FRANK 140.-2-3 C LY SWIATOCHA FRANK ~'40~-2-4 ............. ~ Mg SUFFOLK COUNTY 140.-2-5 C NK FOSTER CLARA A '~0,-2-6 ............. C OD S~RONG DAVID .............. 140.-2-~ C OW M~LESKA THOMAS 7~ ~40.-2-8 - " ~ PP K G ~ROWN MFG EO [NC -- 6( 1~0.-2-g C QI K G BROWN MFG ~0 INC 3,0~ '~140,-2-10 ........... C"'KL LOMAGA GEORGE & WF ...... 1,0~ 140.-~-11 C LE COHEN STEVEN F & ~--14'0,-2-12 ....... C-LX ZAPP AGNES C 160.-2-13 C MQ JESTER DAVID E & --'140.-2-14 C NJ GROSSEN~ACHER ALFRED J 1~0.-2-15 C OC ~OROSKI GARY ~40'~2-16 ....................... ~OV GASSER WILLIAM F ................. 140.-2-17 C PO HAWK[NS JESSE R 140.-2-1q CRA SHIP JOANNE G --140.-2-20 ........ C"LD ~OSTE~LO FRANK & WF 1&0.-2-21 C LW CAVEN EDWARD ~ WF ~'~?~'=2~ CNI HERBERT M~CHA~L & AN~ --140,'~-2~ ................ ~:0~ KEOGH JOHN A ~ FRANCES 140.-2-25 ~ OU KELLEHER DANIEL ~140.-2-26 ...... C PN TUTHIEL DAVID A & WF 140.-2-2~ C QG 9R[GHAF~ TIMOTHY ~ ~ ~40~-2'28 ............. ~ ~Z ~OODWARD EVA A 140.-2-2~ C RS WOODWARD RICHARD A & ~40~'2'30 .......... C-LV 'DIVELEO ~OHN '~ FRANCES 140.-2-32 C NH DIVELLO ~OHN ~ O~S --i40.-2-~3 ........ C 'OA W[LCENSK[ JOHN A & 1G0.-2-33 N OA WILCENSKI JOHN A & ~14~.-2-)4 ............ ~-OT STE~ZER CARL E & WF ...... 140.-2-36 C QF MCBRIDE JANE A ~14~.-~-~ .................... C-'QY PETRAUS~AS JOSEPH 'W 140.-2-)8 C RR PETRAUSKAS MARY H --'140.-2-3g ........... C SK RAYMOND ~LEAVES POST 1 ............ PAGE .......... TOTALS-~ ....... 51 PAR~ELS 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 October 2'~1--, 1991 Mr. Michael Herbert 795 Pike Street Mattituck, NY 11952 Re: Appl. No. 3539 and 3924 - Special Exception Requirements Dear Michael: Attached please find a copy of the determination rendered by the Board of Appeals concerning the above application. A copy of this decision has also been furnished for the Building Inspectors and Planning Board records and information. Please be sure to return to their offices for issuance of appropriate permits or other approvals in this project as may be appropriate (if not already obtained). Very truly yours, Linda Kowalski Enclosure Copy of Decision to: Southold Town Building Department Southold Town Planning Board Suffolk County Department of Planning 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 ACTION OF THE BOARD OF APPEALS Ref: Appl. No. 3924 AND 3539. Upon application of MICHAEL HEP~BERT 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, 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, 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 immediately 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's determination. 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 (HB). This parcel, having a land area of 20,000 sq. ft. or more, was conforming as to lot area. (c) 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. DEPARTMENT OF PLANNING PETER F, COHALAN SUFFOLK COUNTY EXECUTIVE 360-5206 October 28, 1986 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) John J. Newman Raymond T. Goodwtn Arthur & Bernadette Burns Mr. & Mrs. John Bredemeyer Robert Waddington George & Pat Brown Michael Herbert Mr. & Mrs. Mark La Rosa Mr. Peter Capone, Pres. Rial Realty Corp. 3442 3530 3532 3533 3534 3536 3539 3540 3551 Very truly yours, Lee E. Koppelman Director of Planning S/s Gerald G. Newman Chief Planner Southold Town Board of Appeals I~AIN ROAD o STATE ROAD 25 SOUTHI3LD, /.I., N.Y. 11971 TELEPHONE (516) 765 1809 APPEALS BOARD MEMBERS GERARD P. GOEHRtNGER, CHAIRMAN CHARLES GRIGONtS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Pursuant to Article XIII of the Suffolk County Charter, Board of Appeals of the Town of Southold, New York, hereby the following to the Suffolk County Planning Commission: Variance from the Zoning Code, Article ,Section the refers Variance from Determination of Southold Town Building Inspector ×× Special Exception, Article ZII, Sectionzo0-30 (B) (116) Special Permit Appeal No.:3539 Applicantt Michael Herbert Location of Affected Land: 795 Pike Sro, Mattituck, County Tax Map Item No.: 1000- 140-2-23 Within 500 feet of: Town or Village Boundary Line NY 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 or £xi. sting or Proposed Right-of Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Established Channel Lines, Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. COMMENTS: Applicant is requesting permission to estab~d_~.ildk Breakfast use," an owner-occupied building nfh~ khan hn~ml ~nd breakfast is provided for not more than six casual, transient roomers, and renting of not more than ~h~ee rnnm~ Copies of Town file and related documents enclosed for your' review. Da ted-. Oct, 21, ~ s ~d~( ~/-~m~ ~ Secret~ry,'B0ard 0~Appeals-- Southold Town Board of Appeals MAIN ROAO- STATE: I~OAO 25 SOUTHOLO, L.I.. N.Y. I1CJT1 TELEPHONE {516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. '3539 Application Dated July 24, 1986 (Public Hearing August TO: .Rudolph 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 100-30(B)[16] [ ] 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 concluded on August 14, in the Matter of the Application under Application No. 3539 of MICHAEL HERBERT; and 1986 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 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. of 2. The subject premises consists of a total area of approximately on~-half acre with 85± ft... frontage along Pike Street and.~ average, lot depth of 238± feet, and is improved with the following.structures: (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) ZONING BOARD CHAIRMAN, SOUTHOLD TOWN OF APPEALS Form ZB4 (rev. "~/81) Page' 2- Appeal No. 3 -SE Matter of MICHAEL HERBERT Decision Rendered September I1, 1 986 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-l" 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. 5-186 entitled, "A Local Law in Relation to Bed and Breakfast Facilities" was adopted permitting such uses by Special Exception in the "A", "M", "M-I", "B", "B-I", "C", and "C-l" 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 [16] makes exception for site-plan approval and reviews of the Planning Board for this use. 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 [al through [1] 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.~as_.~lu~y .~ adopted. * G~ERARD P. GOEHRINGER, C~IRMAN lk September 14, 1986 Southold Town Board of Appeals MAIN ROA[:)- STATE I~mAD ~c, SOUTHOI-D, L.I., N.Y. 11cj71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3472 Application Dated February 20, TO; Rudolph H. Bruer, Esq. for MICHAEL HERBERT Main Road Southold, NY 11971 1986 (Public Hearing 4/3/86) [Appellant (s) I At a Meeting of the Zoning Board of Appeals held on May 28, ]986, 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 , Section IX] Request for Variance to the Zoning Ordinance Article III, Section ]00-30 [ ] Request for Application of MICHAEL HERBERT for a Variance to the Zoning Ordinance, Article III, Section lO0-30(A) for permission to estab- lish "Bed and Breakfast" type use, or "an owner-occupied building, other than a hotel, where lodging and breakfast is provided for not more than nine persons." 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 held and concluded on April 3, 1986 in the Matter of the Application under Appeal No. 3472, of MICHAEL HERBERT; and WHEREAS,-the board members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding area; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded and transcribed; and WHEREAS, the board has carefully considered all testimony and documentation submitted concerning this application; 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 approxi- mately one-half acre with 85±' frontage along Pike Street and average lot depth of 238± feet, and is improved with the followipg structures: (a) two-story, 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' and 34', and (b) accessory (CONTINUED ON PAGE TWO) DATED: May 29, 1986. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3472 Decision Rendered May 28, Ma~ter of MICHAEL HERBERT 1986 garage located in the rearyard area with an insufficient setback of one foot, more or less. 3. the subject premises is located in the "A" Residential and Agricultural Zoning District; the adjacent parcels to the west and east are also zoned "A" Residential and Agricultural; other parcels, along ~he South side of Pike Street are in .the "B-I' General Business Zoning District. Abutting the premises to the north is the Long Island Railroad; north of the Railroad are premises in the "C-Light-Industrial" Zoning District. 4. For the record,'i't is noted that the applicant purchased the premises on October 29, 1985 (Liber 9907 cp 338) for the price of $105,000. Certificate of Occupancy of Nonconforming Premises #Z13944 was issued October 18, 1985 for a single-family dwelling. 5. Appellant proposes to use the dwelling for a "bed and breakfast-type" use, with owner-occupancy, other than a hotel, for rental of a five to nine bedrooms (lodging) and where contin- ental breakfast (consisting of beverage and pastry will be provided. 6. Similar uses, such as boarding and tourist houses, for five or more persons are permitted uses in the "M-Light" Multiple Residence, "M-l" Multiple-Residence, "B-Light" Business, "B-I" General Business, Zoning Districts. 7. It is the position of this board that the record is not sufficient in showing by dollars and cents proof: (a) that the land in question cannot yield a reasonable return if used only for a purpose allowed in this zone district, (b) that the plight of the owner is due to unique circumstances which may reflect the unreasonableness of the zoning ordinance itself, (c) that the use requested will not alter the essential character of the neighborhood. 8. It is also the position of the board that although a letter has been submitted from a local real estate broker indicating that the property, as one-family dwelling use, has a current market value of $125,000 and has a limited interest to home buyers, that without underlying concrete facts and unnecessary hardship, the variance is not warranted. In considering this appeal, the board finds and determines that although the appellant's circumstances are unique, that the relief requested must be denied for the reasons stated above. Accordingly, on motion by Mr. Sawicki, seconded by Mr. Grigonis, it was RESOLVED, that the relief requested under Appeal No. 3472 in the Matter of the Application of MICHAEL HERBERT, BE AND HEREBY IS DENIED WITHOUT PREJUDICE. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was duly adopted. lkJ REcEiVED AND FILED BY ' '~'~ '~' D TO¥~N CLEBK ~¥~E SOU~L Town Clezk, Town of GERARD P. GOEHRINGER, ~N May 29, 1986 TO: Southold Town Zoning Board of Appeals Town Hall Main Road Southold, New York 11971 I, the undersigned, am a neighbor of Michael Herbert, my property in Mattituck, N.Y. being adjacent to his. I hereby acknowledge my support of the Bed & Breakfast establishment for which Mr. Herbert seeks the Town of Southold's approval, as I believe it will be an asset to the community. Dated:~, /~/ /~ TO: Southold Town Zoning Board Town Hall Main Road Southold, New York 11971 of Appeals I, the undersigned, am a neighbor of Michael Herbert, my property in Mattituck, N.Y. being adjacent to his. I hereby acknowledge my support of the Bed & Breakfast establishment for which Mr. Herbert seeks the Town of Southold's approval, as I believe it will be an asset to the community. Dated: TO: Southold Town Zoning Board of Appeals Town Hall Main Road Southold, New York 11971 I, the undersigned, am a neighbor of Michael Herbert, my property in Mattituck, N.Y. being adjacent to his. I hereby acknowledge my support of the Bed & Breakfast establishment for which Mr. Herbert seeks the Town of Southold's approval, as asset to the community. Dated: I believe it will be an TO: Southold Town zoning Board of Appeals Town Hall Main Road Southold, New York 11971 I, the undersigned, am a neighbor of Michael Herbert, my property in Mattituck, N.Y. being adjacent to his. I hereby acknowledge my support of the Bed & Breakfast establishment for which Mr. Herbert seeks the Town of Southold's asset to the community. Dated: ~/~ty~ approval, as I believe it will be an TO: Southold Town Zoning Board of Appeals Town Hall Main Road Southold, New York 11971 seeks asset Dated: I, the undersigned, am a neighbor of Michael Herbert, my property in Mattituck, N.Y. being adjacent to his. I hereby acknowledge my support of the Bed & Breakfast establishment for which Mr. Herbert the Town of Southold's approval, as I believe it will be an to the community. TO: Southold Town Zoning Board of Appeals Town Hall Main Road Southold, New York 11971 I, the undersigned, am a neighbor of Michael Herbert, my property in Mattituck, N.Y. being adjacent to his. I hereby acknowledge my support of the Bed & Breakfast establishment for which Mr. Herbert seeks the Town of Southold's approval, as I believe it will be an asset to the community. Dated: ~/~/~ Southold Town Board of Appeals MAIN RnAD- STATE ROAD 25 SDUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, .IR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWJCKI September 15, 1986 .Mrs. Patricia C. Moore Rudolph H. Bruer, Esq. Main Road Southold, NY 11971 Re: Appl. No. 3539 - Michael Herbert (Special Exception) Dear Pat: Attached determination Office of the hereto is a copy of the official findings and recently rendered and filed this date with the Clerk concerning the above matter. In the event your application has been approved, please be sure to return to the Building Department for approval of any new construction, in writing, or other documents as may be applicable. If this application involves a pending subdivision or site plan, please return to the Planning Board for further processing by their office. Please do not hesitate to call either our office (765-1809) or that of the Building Inspector (765-1802) if you have any questions. Yours very truly, Enclosure Copy of Decision to Building Department Suffolk County Planning Mr. Michael Herbert GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Commi.ssion SOUTHOLD TOWN BOARD OF APPEALS MATTER OF MICHAEL HERBERT THURSDAY, AUGUST 14, 1986 PUBLIC HEARING 8:40 p.m. Appeal No. 3539 - Public Hearing commenced in the Matter of MICHAEL HERBERT. Special Exception to establish "Bed and Breakfast" use, renting of not more than three rooms, and provided for not more than six casual, transient roomers. 796 Pike Street, Mattituck. The Chairman read the legal notice and application for the record. CHAIRMAN GOEHRINGER: Application for Special Exception Use, the application reads as _f.ollow~: Special Exception to es- tablish "Bed and Breakfast" use, renting of not more than 3 rooms, and provided for not more than six casual, transient roomers. And I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. have a sketch of the survey which was done by Briarcliff land- scaping on 7/30/86 indicating the house and the property and a floor plan of the house. Would somebody like to be heard? Can I ask someone to close those back doors if you wouldn't mind? Thank you. MS. MOORE: As the application states, Mr. Herbert comes be- fore you for a special exception bed and breakfast use which is now permitted by Local Law #5 just adopted this year. The special exception requires the Board to act on some reasonable basis in adopting the general purposes of t~e resolution. That is the standard that you have in here. As we requested in our application, Mr. Herbert seeks your approval to rent 3 rooms on the second floor of his residence. He will accomodate no more than 6 guests and that's what we have applied for. We hope that this will be considered a model bed and breakfast application and set guidelines for further bed and breakfast applications. We'd like you to consider certain things. First, is the location. We are in the heart of the residential, we are not in the heart of the residential neighborhood. We're on the fringe of commercial center. Adjacent zones to the east/west and to the south are B1 and sea light and industrial is on the north. We are within in walking distance of the Mattituck business area and we're con- veniently located for both shopping and for bus and railroad transportation. Pike Street, as the application states, is con- venient and travel through streets from Love Lane on the west and Wickham Avenue on the east. Also we hope that you will consider the support of the community. Neighbors were invited during the early Spring and they were impressed by the care which was taken by Mr. Herbert to restore this old home. Mr. Herbert has been open with the neighbors as to his intentions and has encouraged them to interact and show their interest. I have here 6 letters from both adjacent property owners, from the property owners across the street and to the property owners adjacent to the ad- jacent property owners. So in all, we have 6 letters which state Page 2 - August 14, 1986 Public Hearing-Michael Herbert Southold Town Board of Appeals MS. WICKHAM (continued): that they are in favor of this application and there was no arm twisting there. They were favoring it all along. CHAIRMAN GOEHRINGER: Thank you. MS. WICKHAM: The neighbors recognize that he has improved the quality of the neighborhood by restoring this home. And since the bed and breakfast enterprise depends on the quality of the accomodations, there are no threats that the house will deterio- ate once we hope that you will give us the approval that we re- quest. We hope you will consider the design of the interior of the home.when you have bed and breakfast applications before you. We ask that or invite you that if you would like to inspect the inside of Mr. Herbert's home as well as the outside to see that it is the proper layout and design for bed and breakfast estab- lishment. He's very proud of the care he took to make this a comfortable and safe accomodation for his guests. We ask that you note that on the diagram that was presented to you the layout of the house. There are two stairs which provide safe exits in case of an emergency. One in the front of the house and one in the rear. So there is adequate exits. The living quarters are very large and spacious and there's an abundance of parking., As you note on the diagram, there are five spaces which are 10 by 20 in the back of the house, a garage which provides another parking space. And diagonally across from the home is the Mattituck munici- pal parking lot if there were any reason to have any more than those spaces. We recognize that the bed and breakfast use is a new use and will require careful consideration by this Board but we would request that and ask that you make a prompt decision be- cause the bed and breakfast establishment is a seasonal enterprise and he's anxious to begin. Any questions you have? CHAIRMAN GOEHRINGER: As you know, we did turn down'an application prior to this and I personally said at a public hearing before the Town Board that I was not opposed to this particular application but did not have a vehicle to grant it at that particular time. Mr. Herbert might find several of us knocking at his door in the next few weeks. Myself will be one of them and we may tour the house and we may just tour the grounds but I will definitely be over and we will make every attempt to give you an expeditous decision. MS. WICKHAM: Thank you very much. CHAIRMAN GOEHRINGER: Thank you. Is there anybody else who would like to speak in favor of this application? Anybody like to speak against this application? Questions from Board members? Hearing no further questions, I'll make a motion to close this hearing reserving decision until later. (Transcribed from cassette tapes meeting by Linda Kowalski, ZBA recorded electronically at the C1 erk. ) Nadia Moore Southold Town Board of Appeals MAIN ROAD- STATE; ROAD 25 SOUTHOLD, L.I., N.Y. TELEPHONE (516) 765-1809 APPEALS BOARD August 14, 1986 MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. S. E. Q. R .A. SERGE DOYEN, JR. ROBERT3. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWICKI Notice of Determination of Non-Significance APPEAL NO.: 3539 PROJECT NAME: ~ICHAEL F~ERBERT This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further-notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [ .~ Type II [X] Unlisted [ ] DESCRIPTION OF ACTION:Establi~~ "Bed and Breakfast" use, renting not more than three rooms, and provided for not more than six casual, transient r°°me~OCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 795 Pike Street, Mattituck,-Ny 1000-140-2-23 REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) Is not located within 300 feet of tidal wetlands or other critical environmental area. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowals~i, Secretary, Southold Town Board of Appeals~ Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. (3) This is an application concerning use of the premises and is not directly, related to ~ew construction. TOWN OF SOUTHOI;;D PROPERTY RECORD CARD J VILLAGE DISTJ SUB. ? LOT ' '.. 3o0 AGE .9'~- s ~,O~ ,5?- VL. FARM TOTAL DATE BUILDING CONDITION NEVi NOR/¢u'kL BELOW ABOVE FARM Acre Value Per Value Acre Tillable Woodl~nd Meadowland Hous~ Plot ' Total REN~RKS FRONTAGE ON WATER FRONTAGE ON ROAD BULKHEAD DOCK COLOR - TRIM M. BldgL ~x'l'e~i~ Extension Extension Porch /&¢ 'I Bath Floors Porch ~ _: :- .- Interior Finish Breezeway Heat Garage ?~ Rcoms 1st Floor Foundation Basement Ext. Walls Fire Place Type Roof Recreation Room Dormer Total Driveway DR. J BR. I FtN. B j Dinette Rooms 2hal Floor //~1 No. 1,0,,0~-140-2-23, Zoning I )istrict: "A Residenttale~ud Ag- ~, icultural. 8:25 p.m. Appeal No. 3442 OHN J. NEWMAN. Variance ~ the Zoning Ordinance, Article .1, Section 100-119.2iB) for fission to construct addition to welling within 75 feet of high ater and existing bulkhead !ong James Creek, at 430 ailors Needle Road, Mattituck, Y; County Tax Map Parcel No. ~.00-144-5-29.1 and 30. 8:35 p.m. Appeal No. 3535 - ORTH FORK FRIEND8 OF ENYON TUTHILL. Variance , the Zoning Ordinance, Article l, Section 100-30 for permission ~ use premises for a sp~:iul fund- dsing event in conjunction with -eworks display, at premises of .F. and T.A. LaMer(e, 895 cwth Bayview Road, Sea(hold, Y; County Tax Map Parcels No. )00-70-13-20 120.1 to 20.21, in- usive). 8:40 p.m. Appeal No. 3478 ECKY JOHNSTON. Vari- aces for: (1) Building Inspector. . issue building permit allowing :is(lng structure to be weath- ·ized, prior to final 280-a access ~proval, and (2) approval of ac- ,ss in accordance with New ark Town Law, Section 280-a, · er private right-of-way extend- ,g from the northerly end of ridge Lane Extension and Ore- r, l~oad, over lan&~ of Bokina, Lognl N lces 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 public hearings will be held by the ~OUT~LD TOWN BOARD OF APPEALS at the Sou(hold Town Hall, Main Road, Sou(hold, NY a~ a Regular Meet, lng commencing at 7:30 p.m. on q[HURSDAY, AUGUST 14, 198~ and as follows: 7:35 p.m. Appeal No. 3535 - GEORGE AND PAT BROWN, Variance to the Zoning Ordi- nance, Article IIJ, Section 100- 31, Bulk Sehedule, for pennis- sion to const~ucldeck addition to dwelling with reduction of exist~ ing nonconforming sideyard set- 7:50 p.ra. Appeal No. 3520 - THOMAS SHALVEY. Vari, ante to the Zoning Ordinance, Article ltl Section 100-31, Bulk Schedule. for approval of insuffi- cient are& width and depth of two parcels in this proposed divi- sion or set-off of land located along the south side of Case Road, Cutchogue, NY; County Tax Map Parcels No. 1000-116-2- 15 and 16. 7:55 p.m. Appeal No. 3532 - ARTHUR AND BER- NADETTE BURNS. Variance to ti~e Zoning Ordinance, Article III, Secfioas 100-30(C) and 100- 32, for permission to construct accessory tennis court in the frontya~d area, at 3525 Private Read #13 (right-of-way extend- lng off the end of Ruth Read), Mat(truck; County Tax Map Par- cel No. 1000405-1-4 8:05 p.m. Appeal No. 3433 - GAll. DESSIMOZ AND oVflriances to the Zoning Ordi- ance: (1) Article 111, Secthm (}0-31, Bulk Schedule, for i~r- .fission to construct kitchen ad. dition with an i~sufiicient wes- terly sideyard setback and insuf- ficient t~otal sideyards;(2i Article XI, Sect/on 100-119.2(B1 for per- mission to construct kitchen and deck additions with an insulB- ¢ient setback from the highwater mark along Peconic Bay, at 4450 Peconic Bay Boulevard, Laurel, NY; County Tax Map Parcel No, 8:15 p.m. Appeal No. 3533 - JOHN AND JEANNE BRE- DEMEYER. Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to locate single- family dwelling structure within 75 feet of ordinary highwater mark along Orient Harbor. Lacs- ~ (ion of Property: West Sidc of Play Avenue, Orient, NY; Count~ Tax hack, at 150 Briarwood Lane, MICHAEL RACZ. Variance for Map Parcel No 1000-26-1-8. Cutchogue, NY;CountyTaxMap. approval of access, New Ym'k ~ 8:20 p.m. Appeal No. 3539 - Parcel No. 1000-135-i.3. ~ Town Law, Section 980-a over / M1CHAELItERBERT Spec a 7;40 p.m. Appeal No. 3477 - vr vate ri~ht-~f-w v'~kn(~n as [ Exception to the Zoning Ordi- WILUAM~ND KATHERINE ~lallock L~'ne and r;ferred to as ~ hence, A~icle Ill, Sectiou 100- HE,NS. Variance to the Zon!ng' Private Road #10, extending off ~ 30(B, I1101 for permission toes(ab- Ordinance, Article I11, Sec(mn the north side of Sound Avenue, ) bsh Bed and Breakfast use," an 10ff-31, Bulk Schedule, far ap~ Matt tuck, Ne.w, York, over and ( owner-occupied building other proval of insufficient area, width ~lon~ lands of Charles Simmons ! than a hotel, where lodging and aaa depthd~fit, wo parcels in this~ and'F, dwa~d Harbes. County / breakfast Js provided for not prepared 'v'sion or set-off of TaxMauParcelsNo. 1000-112-1~- ! more than six casual, transient land located along the north side 7 & 8, ~nd to Parce No 1000- I roomers and renting of not more of Main Road, Orient. NY; 112 I 4 ~ than three rooms. Locatio~ of County Tax Map Parcels No. 8~ v m A~eal No 3530 - \ Property 795 P ke Street, Mat- · ~H~, ~)-~zS, ~ ........... ', ~ d RAYMO.~D ' T,' 'GOODW/N: "~tu~k, NY; County Tax Map Par- Tax Map~ as 1000-73-2.4, to premises of Johnston, identified on the Suffolk County Tax Maps as 1000-73-2-1. 9:00 pm. Appeal No. 3513 - STEPHEN SHILOWITZ. Vari- ance to the Zoning Ordinance, Article XI, Section 100-119.2(B) dominium complexes within 75 feet of bulkhead and tidal water, at the west side of Sixth Street, Gosenpert, NY; 1000-49-01.25.1. Zone District: "M-Light Multi- pie" Residence. The Board of Appeal~ will hear at said time and place all Fersons heard in each of the abeve hear- BY ORDER OF THE SOUTHOLD entifiod of the Suffolk County ....... STATE OF NEW YORK ) ) SS: COUNTY OF SUFFOLK ) Katherine Bondarchuk _ofGreenport. in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Greenport, in the Town of Southold. County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for weeks successively, commencing on the 3 ~L dayof July 19___ 86 Pr ncJpal Clerk NOTICE IS HEREBY GIV- · EN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, Main Road, Southold, NY at a Regular Meeting commencing at 7:30 p.m. on THURSDAY, AUGUST 14, 1986 and as follow~: . 7:35 p.m, Appeal No. 3536- GEORGE AND PAT BROWN. Variance to the Zoning Or- dinance, Article Ill, Section 100-31, Balk Schedule, for per- mission to construct deck addi- tion to dwelling with reduction of existing ·nonconforming sideyard setback, at 150 Briar- wood. Lane, Cutchogue, NY; County Tax Map-.Parcel No. 1000-136-1-3. 7:40 p.m. Appeal No. 347% WILLIAM AND KATHER INS HEINS. Variance to the Zoning Ordinance, Arti- cle Ill, Section 100-31, Bulk ~OUNTY OF SUFFOLK STATE OF NEW YORK located along the north side of Main Road, Orient, NY; Coun, ty Tax Map Parcel No, 1000-19-2.5 and 6. 7:50 p.m. Appeal No. 3520- THOMAS SHALVEY. Variance to the Zoning Ordinance, Arti- cle IlL Section 100-31,. Bulk, Schedule.. for approval of insuf,'" ficient a~a, width and depth of two parcels in this proposed division or set-off of land located along the south side of Case Road, Cutehogue, NY~ Co~¥~ 'Pax Map Parcel No; 1000-i16~2-15 and 16, ' 7:55 n:~p...A.npeal NO A R¥~I ~ R t~"~,~N D BER: NADETTE BURNS. Variance to the Zoning Ordinance, Arti- cle Ill. Section 100-30(C) and 100-32. for permission to coa- struct accessory t~mis court the frontyard ar~a, at 3525, Pr rate Road NO. 13 (f ght-ol? way extending off the end of~ Ruth Road), Mat0tgcki ty Tax Map Parcel No; 1000-105-1-4,. ,.,,;, ,, 8:05 p.m. APical!No. 34:H-'~ GAlL DESSIMOZ ANI~ MICHAEL RACZ. for approval of a~s~, York Town Law, ~lon as Private Romd~ 10, ~ten.. dins off the north gde of Sound Avenue, Matttm¢lh'New York, (over and along lands of Charles Simmons and Edwkrd Harbes). County ~ Map Parcel No. lOO0-112,t-ff & g, and tO ss: Patricia Wood, being duly sworn, says that sh Editor, of THE LONG ISLAND '[RAVELER-WAT( a public newspaper printed at Southold, in Suffolk and that the notice of which the annexed is a print, has been published in said Long Island Traveler-W once each week for / successively, commencing tm the .......... 7'? 19 (.~... Schedule, for approva of insuf- 8:40 p.m.' Appeal No, ficient area, width and depth of ~478-B£GKY JOHNSTON, two parcels in this proposed I Variances for: (1) Bu[ldins In- division or set-off of land. ' "sI~r to I$$U~ buildiag permit allo~lag ~ain~ structure to be weath~/lz~l, pitor to final :~0-a access approval, and (2) ap- proval of access in accordance with New York TownlLaw, Sec- tion 280-a, over priva~ right-of- way ~tendins from the norther- ly end of Bridge Lan~ ~F~..tansion and Ore, on P.a~d, over'lands of Boklna, identified on the Suf- folk..~ounty Tax]Maps as 100-'/~-2-4, to' ~ramlses, of JohnsOn, t~,~tif~nd on the Suf- folk County Ta~ Maps as 9:0B pm. Appeal~ No~3513- 'STEphEN~ SHILOWITZ. to Or- Section tO 3/ 8:10 p.m. Appeal No. 3530- RAYMOND T. GOODWIN. Variances to the Zoning Or- dinance: (1) Article Ill, Section 100-31, Bulk Schedule, for per- mission to construct kitchen ad- dition with an insufficient westerly sideyard setback and in- sufficient total sideyards; (2) Ar- ticle Xl, Section 100-119,2(B) for permission to construct kitchen and deck additions with an in-t sufficient setback from ~he highwater mark along Peconic Bay, at 4450 Peconic Bay Boulevard, Laurel, NY; Coanty Tax Map Parcel No. 1000-128-4-22.2. 8:15 p.m. Appeal No. 3533- JOHN AND JEANNE BREDEMEYER. Variance to the Zoning Ordinance, Article 111, Section 100-31, Bulk Schedule, for permission to locate single-family dwelling structure within 75 feet of or- dinary highwater mark along Orient Harbor. Location of Pro- perty: West side of Bay Avenue, Oftenb NY; County Tax Map Sworn to before me this .................... Parcel No. 1000-26-1-8. /'"'x ,~/ /~ 8:20 p.m. Appeal No. 353%\ ..... 1 9. ?.~.. [ MICHAEL HERBERT. Special~ I Exception to the Zoning / dinance, Article I11. SectionJ ! 100-30(B)!~6] for permission to/ J establish Bed and Breakfast~ ,, , c~_~-- ~ use, an owner-occup~ec~ ).Cz':';/:Z '. '7-:../.~?/5~:-: .... ~ building, other than a hotel~,. lotary Public ] where lodging and breakfast is j provided for not more than six' BARBARA FORBES / casual, transient roomers, and y Pub}it, State of Ne,v Yolk / renting of not more than three No. 4~01;84~; / rooms. Location of Property: mlificd in Suffolk County [ 795 Pike Street, Mattituck, NY; ssion Expires F'~'~7 ~/ 19 ~g-I County Tax Map Parcel No. / ~ 1000-140-2-23. Zoning District: of at the Oreen- Zone Multiple" will place all dcsir- of the. the nlo~e infor- 765;1809, Dated: July 17, t OF THE TOWN BOARD OF ' °PALS GEI~ARD P. GOEi*;,I~qGER, · · CHAIRMAN "A" Residential and./ Agricultural. 8:25 p.m. Appeal No. 3422- JOHN J. NEWMAN. Variance to the Zoning Ordinance, Arti- cle XI, Section 100-119.2(B) for permission to construct addi- tions to dwelling within 75 feet of high water and existing bulkhead along James Creek, at 430 Sailors Needle Road, Mat- tituck, NY; County IAx Map Parcel No, 1000-144-5-29.1 and 30. 8:35 p.m. Appeal No 3535- NORTH FORK FRIENDS OF KENYON TUTHILL Variance to the Zoning Ordinance, Arti~ cie lit, Section 100-30 for per- mission to use premises for a ,special fund-i'aisins event in conJ Qnction': with" fireworks display, at premises of W.E and T.A. LaMorte, 895 North Bayview Road, Southold, NY; County Tax Map Parcels No. 1000-70-13-20 (20.l to 20.21, inclusive). APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, .IR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- STATE: ROAD 25 SOUTHOLD, L.I., N.Y. 11~'71 TELEPHONE (516) 765-1809 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time and date of the public hearing concerning your recent application is a copy of the Legal Notice as published in the L.I. Traveler- Watchman, Inc. and Suffolk Weekly Times, Inc. Someone should appear ,in your behalf during the public hearing in the event there are questions from board members or persons in the audience. Please be assured that your public hearing will not start before the time allotted in the Legal Notice. If you have any questions, please feel free to call our office, 765-1809. Yours_ v e r y~_r..~ _/~., .,~. G'ERARD P. GOEHRINGER ~ CHAIRMAN Enclosure Linda Kowalski Secretary and Board Clerk 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 public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, Main Road, Southold, NY at a Regular Meeting commencing at 7:30 p.m. on THURSDAY, AUGUST 14, 1986 and as follows: 7:35 p.m. Appeal No. 3536 - GEORGE AND PAT BROWN. Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to construct deck addition to dwelling with reduction of existing nonconforming sideyard setback, at 150 Briarwood Lane, Cutchogue, NY; County Tax Map Parcel No. 1000-136-1-3. 7:40 p.m. Appeal No. 3477 - WILLIAM-AND KATHERINE HEINS. Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient area, width and depth of two parcels in this proposed division or set-off of land located along the north side of Main Road, Orient, NY; County Tax Map Parcels No. 1000-19-2-5 and 6. 7:50 p.m. Appeal No. 3520 THOMAS SHALVEY. Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient area, width and depth of two parcels in this proposed division or set-off of land located along the south side of Case Road, Cutchogue, NY; County Tax Map Parcels No. 1000-116-2-15 and 16. 7:55 p.m. Appeal No. 3532 ARTHUR AND BERNADETTE BURNS. Variance to the Zoning Ordinance, Article III, Section~ 100-30(C) and 100-32, for permission to construct accessory tennis court in the frontyard area, at 3525 Private Road #13 (right-of-way extending off the end of Ruth Road), Mattituck; County Tax Map Parcel No. 1000-105-1-4. 8:05 p.m. Appeal No. 3433 GAIL DESSIMOZ and MICHAEL RACZ. Variance for approval of access, New York Town Law, Section 280-a, over private right-of-way known as Hallock Lane and referred to as Private Road #10, extending off the north side of Sound Avenue, Mattituck, New York,(over and along lands of Charles Simmons and Edward Harbes). County Tax Map Parcels No. 1000-112-1-7 & 8, and to Parcel No. 1000-112-1-4. Page 2 Notice of Hearings August 14, 1986 Re9ular Meeting Southold Town Board of Appeals 8:10 p.m. Appeal No. 3530 RAYMOND T. GOODWIN. Variances to the Zoning Ordinance: (1) Article III, Section lO0-31, Bulk Schedule, for permission to construct kitchen addition with an insufficient westerly sideyard setback and insufficient total sideyards; (2) Article XI, Section 100-119.2(B) for permission to construct kitchen and deck additions with an insufficient setback from the highwater mark along Peconic Bay, at 4450 Peconic Bay Boulevard, Laurel, NY; County Tax Map Parcel No. 1000-128-4-22.2. 8:15 p.m. Appeal No. 3533 - JOHN AND JEANNE BREDEMEYER. Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to locate single-family dwelling structure within 75 feet of ordinary highwater mark along Orient Harbor. location of Property: west Side of Bay Avenue, Orient, NY; County Tax Map Parcel No. 1000-26-1-8. ~ Appeal No. 3539 - MICHAEL HERBERT. Special Exc'ep- tion 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. 8:25 p.m. Appeal No. 3442 - JOHN J. NEWMAN. Variance to the Zoning Ordinance, Article XI, Section 100-119.2(B) for permission to construct additions to dwelling within 75 feet of high water and existing bulkhead along James Creek, at 430 Sailors Needle Road, Mattituck, NY; County Tax Map Parcel No. 1000-144-5-29.1 and 30. 8:35 p.m. Appeal No. 3535 - NORTH FORK FRIENDS OF KENYON TUTHILL. Variance to the Zoning Ordinance, Article III, Section 100-30 for permission to use premises for a special fund-raising event in conjunction with fireworks display, at premises of W.F. and T.A. LaMorte, 895 North Bayview Road, Southold, NY; County Tax Map Parcels No. 1000-70-13-20 (20.1 to 20.21, inclusive). Page ~ - Notice of Hearings August 14, 1986 Regular Meeting Southold Town Board of Appeals 8:40 p.m. Appeal No. 3478 - BECKY JOHNSTON. Variances for: (1) Building Inspector to issue building permit allowing existing structure to be weatherized, prior to final 280-a access approval, and (2) approval of access in accordance with New York Town Law, Section 280-a, over private right-of-way extending from the northerly end of Bridge Lane Extension and Oregon Road, over lands of Bokina,.identified on the Suffolk County Tax Maps as 1000-73-2-4, to premises of Johnston, identified on the Suffolk County Tax Maps as 1000-73-2-1. 9:00 p.m. Appeal No. 3513 STEPHEN SHILOWITZ. Variance to the Zoning Ordinance, Article XI, Section 100-119.2(B) for permission to construct condominium complexes within 75 feet of bulkhead and tidal water, at the west side of Sixth Street, Greenport, NY; 1000-49-01-25.1. Zone District: "M-Light Mul- tiple'' Residence. The Board of Appeals will hear at said time and place all persons or representatives desiring to be heard in each of the above hearings. Written comments may also be submitted prior to the conclusion of the subject hearing. For more information, please call 765-1809. Dated: July 17, lg86. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN ATTENTIO~ NEWSPAPERS: Please publish Thursday, July 31~ 1986 and forward two affidavits of publication on or before August 5th to: Board of Appeals, Main Road, Southold, NY 11971. Copies to the following 7/28/86: Personal Delivery: Suffolk Times, Inc. L.I. Traveler-Watchman, Inc. ~ Hand: Henry Raynor for Thomas Shalvey Mail: Dy Re: M. Herbert Mrs~ Patricia C. Moore, Rudolph H. Bruer Law Office, Southold, NY 11971 / Mr. Richard O. Kunst, 1745 Harbor Lane, Cutchogue for GEORGE AND PAT BROWN. Mr. and Mrs. George Brown, 150 Briarwood Lane, Cutchogue, NY 11935 Anthony B, Tohill, Esq. as 'Attorney for Mr. and Mrs.. William Heins Mr. and Mrs. Arthur Burns Mr. and Mrs. Mr. and Mrs. Mr. and Mrs. William Heins, Main Road, Orien~ ~ 11957 William LaMorte and NF Friends ~ Tuthill Art'hur Burns, 3525 Private Road #13, Mattituck, NY 11952 Mr. J. Douglas Peix, 208 Fifth A~enue, New York, NY lOOlO for RACZ Gail. D~s~lmoz &nU Michael Racz, 208 Fifth Avenue, New York, NY lOOlO Charles Matthews, Esq., Box 800, Huntington, NY 11743 A. Wickham, Esq. as Attorney for and Mrs. Raymond T. Goodwin and Mrs. John Bredem~yer and Mrs. John J. Newman Re: Johnston Abigail Mr. Mr. PhiliP J.. Cardinale, Esq. Michael J. Hall, Esq. Stephen R. Angel, Eso Lawrence Storm, Eso Mr. and Mrs. Rober~ (Bokina) as Attorney for Becky Johnston Attorne~ for Stephen Shilowitz torney for R. Strong and others u, Woodmere address JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICEOFTHETOWN CLERK TOWN OF SOUTHOLD July 24, 1986 Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3539 application of Michael Herbert for a special exception. Also included is Short Environmental Assessment Form; letter relative to N.Y.S. Tidal Wetlands Land-Use; copy of CO issued by Building Department; and Notice to Adjacent Property Owner. Judith T. Terry Southold Town Clerk TOWN OF SO[ITIIOI,D i O~CE OF BUILDING INSI'EC'I'()~' TOWN ItALL SOUTIIOLD, NBW YOIU< CERTII;'ICATE OF OCCUI)ANCY NON CON1;'OI~MING PIIEMISES Tills IS TO CERTIFY that the I? L nd / / Building(s) I-I Use(. ) Pre C.O. Date- Oct. located at 795 Street Pike St. Matti~uck llamlet ~- Z13944 18t1985 shown on County tax Inap as District 1000, Section 140 Block 02 Lot 023 · does[n~t]conform to the present Building Zone Code of the Town of Southold for the following reasons: Insufficien~ total area. Insufficient side yard set-back. On the basis of inf 'marion presented to the Building Inspector's Office, it has been determined that the above nonconforming /~/Land /-/Building(s) /_-/Use(s) ~xisted on th~ effective date ~he present Building Zone Code of the Town of Southold, and ~ay be continued pursuant to and subject to the appli~. cable provisions of said~Code. IT IS FURTttER CERTIF~D that, based upon i~ormation presented to the B~ilding Inspector's'~ffice, the occupancy and use for which this CertCi-. cate is issued is as follo~vs:_ Property contains a two s~ory, one fam- ily, wood framed dwelling with at~ached porches~ an accessory gar- aqe with a~ached shed. Proper~y also has split rail fencin9 alon9 parts of cask ~ide line. Proper~y situated in ~he ~-Residen- tial-A~ricul~ural Zofle wikh access ~o Pike St., a Town maintained road. The Certificate is issued to P~NNY, JANINA of the aforesaid building.~ Suffolk County Dcpartme~t of Ilealth Approval N/A UNDERWRITEIiS CERTIFICATE NO. N/A NOTICE IS IIEREBY~IVEN that the owner of the above remis NOT CONSENTED TO A~ INSI',~C'I'ION o[ tl,e premises by tot to determine ff the premises comply with all applicable codes ~nd ' - anccs, other than the Building Zone Code, and l~erefore, no such o[dy~ has been o . . . mspect~on c nducted. TIn~ Certificate, thercfore, does not, and is not h~teuded to certify tha~ the premises comply wi~h all other appl~icable codes and regula- Duiidin~ mspector ..... The N.Y.S. mission of made by thi [nvlrorl,~,lcdl Qua] [y ~/uvlew ~,ct ro(~lJires Suu- form, and an environmeni review will be rd before any action is~'aken. .- .'/'" , :'l~.;,.. (a) In order to answer the que~tlon~ ~n thi~ ~hort gAF I~ 1~ a~ed that ~h~ ....... prerarer will use ccrrentl~ available ~fo~tIcn conce~in~ th~ project and ' '~:'' : l~ely ~ct~ of the action, I~ Is not e~ected that additional ntudl~ to,ear (b) If any oues:ton ham be~n answered Y~s ~hn proJocu ~y be ml~lflcant ,¢cmp!eted Envlrc~en~al A~sesumun~ Fo~ l~ necessary, .~' (c) If all quemtlon~ have been answered No l: ~ likely %bm~ thim ~roj~ct ~ to the project site or physically alter mor~ .... ' ~n 10 acres of land? , , . , , , , , , , · · ' -' ~ ".". ' · 2. Will there be a ~Jor change to any ~ue or.. 3. W~I project alter or ~ve a large effec~ on - ' : ~.: .'~ "; an existlng body of water? . . , , , , , , · · / ';'.'.. &* W~I pro~cc: h~vu a po~on~lally largo ~ on . . ..... ~o.~cwater quality? ' ' ' ' ' ' · · · · · · Yes ' ~, W~i proJec: ~t~lflc~ntly'effect drainage ~ ~. ~-.... ~2 6, Will pro Jet: affect any %~eatened or endangered .' W~I project re~t In a major ad';orme effect on air quality? , , . , , · · 8, W~i project have a major effec6 on vise,1 c~ 9. W~ll project adver:ely ~pact any ~lto or ~t~c~ . ; . ~,.~.9,.~ .... ute of historic, Pro-hl~torlc, or palbontologlcul '" "' emviro~en~l area by a local agency? · · · Yes o 10. W~I project hmve a ~m~or effoc~ cn ext~:~g or 11. WIll pro,eat result tn ~or trmfflc problems or -'~: 12. WI11 pro,oct reg~arl7 cauae obJectlonable WIll project have any lmpac: on pub].lc health or safetT" iK, Will project Affec~ %he exl~tlnc cO,unity bM period er have a ~aJor negative effect on ~ne ' (Today's Date) To: Southo!d Town Board of Appeals Main Road Sou~hold, NY 11971 Appeal Application of Location of Property: Dear Sirs: not .In reference to the New York State Tidal Wetlands Land-us Regulations, 6 NYCRR, Part 661, and Article 25 of the Ne:-~ York State. Environmental Conservation La%.;, please be advised that t subject property i,n the wi" ~h,n appeal application: (please check Crne box) [ ] May be locatad }¢ithin 300 feet of tidal wetlands hc~.;o, ver, constructed along thc water-lying edco of this propeuty is a bulkhaad in very good conditicn and at least 100 feeC in length. ~ [ ] May b'e 'located within 300 feet of tidal wetlands however, constructed a!cng the water-lying edge of this property is a bulkhead in need of (major) repairs, and aooroximate!v feet in length. ~ ' ' ~ [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. May be located ~.~ithin 300 feet of tlda! wetlands; and there is no bulkhead or c .... ~,, cn ..... wall exisfln 'on the premises. Is not located withiq 300 feet of tidal Wetlands to the best of my knowludge. Z appear to [~]tarred itu:ns (*) indicate your property doe~j fall within the jurisdiction of the N.Y.s. D.E.C. Sincerely yours, NOTE: If proposed project falls %;it'~in D.E.C. jurisdiction, approval must be received and Submit~6d to our o~~ce befoce your application can be scheduled for a public hearing. 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: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1, That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (Special Exception) (Special I~ermit) (Other) [circle choice] ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 795 Pike Street, Mattituck 3. That the property which is the subject of such Petition is located in the following zoning district: A - residential/agricultural 4. That by such Petition, the undersigned will request the following relief: a special exception from the Zoning Board of Appels for a "Bed and Breakfast" facility. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article 111 Sectic~ lO0-30B [ ] Section 280~A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma}' then and there examine the same during regular office hours. (51.6) ?65--].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; that you or your representative have the right to appear and be heard at such hearing. Dated: July 22, 1986 Petitioner Attor~fey fo~ Petitioner Owners'Names: Michael Herbert Post Office Address Main Road, P. O. Box 1466 Southold, New York 11971 (Tel. 516-765-1222 ) NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Estate of Frances Gildersleeve c/o James A. Gildersleeve Mattituck, N.Y. 11952 Mr. and Mrs. John Keogh Pike Street Mattituck, N.Y. 11952 RECEIPT, . CERT~FIEO MAIL ' -:' "'~ .~ .' ' STATE ur , .... COUNTY OF SUFFOLK ) SS.: Patricia C. Moore , residing at 370 Terry La., Southold, New York 11971 . being duly sworn, deposes and says that on the _c~_~day of July , 19 86 , deponent mailed a true copy of the Notice set forth on t"he re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roil of the Town of Southold; that said Notices were mailed at the United States Post Of- rice at Southold~ New York ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn tO before me this ~jj~ ~12 day of ---~ulv . /Z, 19.,~(~--~ Patricia C. Moore RUDOLPH H. BRUER NOTARY PUBLIC, State of New Yolk No. 52-0465530 Qualified in Suffolk County Commission Expires March 30, 1987 (This side does not have to be completed on form transmitted to adjoining property owners.) 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