HomeMy WebLinkAbout3924
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Charles Grigonis, Jr.
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
SCOTr L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
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, 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 (}lB) 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.
~a~e 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
will be served by granting the applicant's request to
permanently withdraw the Bed and Breakfast operation.
justice
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.
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
SCOWl' 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 (RB) District. Property Location: 795 Pike
Street, Mattituck, County Tax Map No. 1000, Section 140, Block
2, 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.
Page 2 - Appl. No. 3924
Matter of MICHAEL HERBERT
Decision rendered March 29,
1990
3. Article IX, Section 100-91 B 4 of the Zoning Code,
Uses permitted by special exception by the Board of Appeals, the
following uses are permitted as a special exception by the Board
of Appeals as hereinafter provided, subject to site plan
approval by the Planning Board:
(4) Apartments may be permitted over retail stores and
business professional and governmental offices, subject to the
following requirements:
4. The subject premises consists of a total area of
approximately one-half acre with 85+- ft. frontage along Pike
street and an average lot depth of 239 +- feet, and improved
with the following structures: (a) a two-story framed, single-
family dwelling, having setback of 39+- ft. from its front
property line and sideyards of 26 feet and 34 feet, and (b) an
accessory garage located in the rearyard area with an
insufficient setback of one foot, more or less, from the
easterly side property line.
5. It is further noted for the record that a use variance
under Appeal No. 3472 was denied without prejudice on May 28,
1986, also noted is a application for a Special Exception under
Appeal No. 3539 was approved conditionally on September 11, 1986.
6. In considering this application, the Board finds and
determines:
(a) the proposed use will not prevent the orderly and
reasonable use of adjacent properties or of properties in the
adjacent use districts;
(b) the use will not adversely affect the safety, welfare,
comfort, convenience and/or order of the Town;
(c) that in carefully considering the record and all the
above factors, the interests of justice will be served by
granting the Special Exception, as applied conditionally noted
below.
Accordingly, on motion by Mr. Goehringer, seconded by Mr.
Grigonis, it was
Page 3 - Appl. No. 3924
Matter of MICHAEL HERBERT
Decision rendered March 29,
1990
RESOLVED, to GRANT a Special Exception in the matter of the
application of MICHAEL HERBERT, under Appeal No. 3924, SUBJECT
TO THE FOLLOWING CONDITIONS:
1. That the Bed and Breakfast be withdrawn before permit
commences on or about 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
Southoid Town Board of Appeals
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
JOSEPH H. SAWlCK~
JAMES DINIZIO, .IR.
NOTICE OF MEARINGS
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town
Law and the Code of the Town of Southold, the following hearings
will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular
Meeting, at the Southold Town Hall, Main Road, Southold, NY
11971, on THURSDAY, MARCH 15, 1990, at the following times:
7:30 p.m. Appl. No. 3917 - UMBRELLA HOME CARE. Variance to
the Zoning Ordinance, Article VII, Section 100-71 C, as
disapproved, for permission to construct a sign, proposed sign
is not permitted in this Residential/Office (RO) District.
Property Location: 28455 Main Road, Cutchogue, County Tax Map
No. 1000, Section 102, Block 02, Lot 12.1.
Page 2 - Notice of Hearings
Southold Town Board of Appeals
Regular Meeting of March 15, 1990
7:35 p.m. Appl. No. 3909 - JOSEPH COP~NACCHIA. Variance to
the Zoning Ordinance, Article III, Section 100-33, as
disapproved, for permission to construct an accessory shed in
frontyard Area. Property Location: 835 Kimberly Lane,
Southold, County Tax Map No. 1000, Section 070, Block 13, Lot
20.5.
7:40 p.m. Appl. No. 3916 - GEORGE REINHARDT. Variance to
the Zoning Ordinance, Article III, Section 100-31, as
disapproved for permission to construct deck addition, proposed
construction exceeds permitted lot coverage and has insufficient
setbacks from property line. Property Location: 1380 Pvt. Road
9 3 Trumans Path, East Marion, County Tax Map No. 1000, Section
31, Block 12, Lot 10.
7:45 p.m. Appl. No. 3906 - CHARLES COLOMBO. Variance to
the Zoning Ordinance, Article XXIV, Section 100-244 B, as
disapproved, for permission to construct a deck addition to
existing dwelling, proposed construction will have insufficient
sideyard setbacks. Property Location: 350 Oak Street,
Cutchogue, County Tax Map No. 1000, Section 136, Block 1, Lot 48.
Page 3 - Notice of Hearings
Southold Town Board of Appeals
Regular Meeting of March 15, 1990
7:50 p.m. Appl. No. 3903 - LINDA DAMBASSIS. Variance to
Zoning Ordinance, Article III, Section 100-33, (Article XXIII,
Section 100-239.4 (A), as disapproved for permission to
construct accessories' garage, pool and additions to dwelling in
frontyard area. Property Location 2430 Dignan's Road, Cutchogue,
County Tax Map No. 1000, Section 83, Block 2, Lot 7.2.
7:55 p.m. Appl. No. 3912 - EDWARD AND CORRINE BIRDIE.
Variance to the Zoning Ordinance, Article IIIA, Section
100-30A.3, for permission to construct additions to one family
dwelling, proposed construction will have insufficient side yard
setbacks. Property Location: 380 Parsons Boulevard, East
Marion, County Tax Map No. 1000, Section 037, Block 01, Lot 17.1.
8:00 p.m. Appl. No. 3911 - WALTER RAFFERTY. Variance to
the Zoning Ordinance, Article XXIV, Section 241A, (Article
XXVIII, Section 100-281 (3), as disapproved, for permission to
construct additions and alterations to garage with apartment.
Property Location: East End Road, Fishers Island, County Tax
Map No. 1000, Section 3, Block 7, Lot 5.
Page 4 - Notice of Hearings
Southold Town Board of Appeals
Regular Meeting of March 15, 1990
/ 8:05 p.m. Appl. No. 3924 - MICHAEL HERBERT. Special
Exception to the Zoning Ordinance, Article IX, Section 100-91
(B), for change of use from Bed and Breakfast to a three family
dwelling in this Hamlet Business (HB) District. Property
Location: 795 Pike Street, Mattituck, County Tax Map No. 1000,
Section 140, Block 2, Lot 23.
8:10 p.m. Appl. No. 3918 - JOHN AND CATHERINE SIMICICH.
Special Exception to the Zoning Ordinance, Article III, Section
100-31, for permission to have a winery for production and
winery sales. Property Location: 4250 Bergen Avenue,
Mattituck, County Tax Map No. 1000, Section 121, Block 1, Lots
part of 001.
8:15 p.m. Appl. No. 3907 - NICHOLAS ALIANO. Variance to the
Zoning Ordinance, Article III A, Section 100-30A.2 (Article XXV,
Section 100-253 A), as disapproved, for permission to construct
a retail office complex, proposed construction is not permitted
in this R-40 Zone District. Property Location 29950 Main Road,
30 Pequash Avenue, Cutchogue, County Tax Map No. 1000, Section
102, Bloc 03, Lot 01.
Page 3 - Notice of Hearings
Southold Town Board of Appeals
Regular Meeting of March 15, 1990
8:20 p.m. Appl. No. 3915 - JORDAN'S PARTNERS. Variance to
the Zoning Ordinance, Article VII, Section 100-71, as
disapproved for permission to construct office and retail
stores, proposed construction is not a permitted use in this
District. Property Location: 1000 Main Street and 160 Main
Road, Greenport, County Tax Map No. 1000, Section 34, Block 2,
Lot 1.
The Board of Appeals will at said time and place hear any
and all persons or representatives desiring to be heard in each
of the above matters. Written comments may also be submitted
prior to the conclusion of the subject hearing. Each hearing
will not start before time allotted. Additional time for your
presentation will be available, if needed. For more
information, please call 765-1809.
Dated March 6, 1990
BY ORDER OF THE SOUTHOLD
TOWN BOARD OF APPEALS
GERARD P. GOEHRINGER
CHAIRMAN
by Doreen Ferwerda
IIIClIVBD
TOWN OF SOUTHOLD, NEW YORK
ACCESSORY APARTMENT
APPLICA~ EXCEPTION
Application No..~o~.~
Date Filed:~_~.&~o
House No. and Street
TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK:
(Hamlet, Stat~, Zip Code)
hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with
the ZONING ORDINANCE, ARTICLE , SECTION , SUBSECTION
for the below-described property for the following uses and purposes:
as shown on the attached plan drawn to scale.
A. Statement of Ownership and Interest.
~.~'~t ~'' '~L~ _ ~are) the owner(s)of property
known'a~d referred to as "7~- q~'~e ~ , ^~'~'~-ut~--~,.~;~.
(House No.,'Stre6~, Hamlet)
identified on the Suffolk County Tax Maps as District 1000, Section ~, Block ~ ,
Lot -7__~ , which is (is not) on a subdivision map (Filed ~p of
"Filed Maple6-: ).
The above-described property was acquired by the owner on ~[.~ ~_~
B. The applicant alleges that the approval of this exception would be in harmony with
the intent and purpose of said zoning ordinance and that the proposed use conforms to
the standards prescribed therefor in said ordinance and would not be detrimental to
property or persons in the neighborhood for the fol lowing reasons:~,'~.,.~
~b~'C In addition to meeting the standards prescribed by the zoning ordinance, the following requirements will be ~t:
1. The accessory apartment will be located only in the principal building.
2. The owner of the existing dwelling will occupy one of the dwelling units
as the owner's principal residence. The other dwelling unit which is
part of this application shall be leased for year-round occupancy, evidenced
by a written lease for a term of one or more years, which will be filed
annually.
3. The existing one-family dwelling shall contain not less than sixteen-hundred
(1,600) sq. ft. of livable floor area.
(continued on page two)
Application for Special
Page Two (continued)
Exception
C. 4. The accessory apartment shall contain not less than four-hundred fifty
(450) square feet of livable floor area.
5. The accessory apartment shall not exceed forty (40%) percent of livable
floor area of the existing dwelling unit.
6. A minimum of three off-street (on-site) parking spaces shall be provided
as shown on the attached plan.
7. Not more than one (1) accessory apartment will be on this parcel.
8. The accessory apartment will meet the requirements of a dwelling unit as
defined in Section 100-13 of the Zoning Code.
9. The exterior entry to the accessory apartment has not changed the existing
exterior appearance of a one-family dwelling.
10. All exterior alterations to the existing building, except for access to
the apartment, is made on the existing foundation as shown on the attached
plans.
11. I understand that the Certificate of Occupancy will terminate upon the
transfer of title or upon the owner ceasing to occupy one of the dwelling
units as the owner's principal residence; and that in the event of the
owner's demise, the occupant of the accessory apartment may continue in
occupancy until a new owner shall occupy the balance of the dwelling or
one (1) year from date of said demise, whichever shall first occur.
12. This conversion shall be subject to inspection of the Building Inspector
and Renewal of Certificate of Occupancy annually.
13. The existing building which is converted to permit this accessory apartment
has been in existence and has a valid Certificate of Occupancy issued prior
to January 1, 1984, and attached hereto.
14. The existing building, together with this accessory apartment, shall comply
with all other requirements of Chapter 100 of the Town Code of the Town of
Southold.
15. This conversion for the accessory apartment shall comply with all other
rules and regulations of the New York State Construction Code and other
applicable codes.
D. The property which is the subject of this application is zoned ~ /~ and
[ ] has not changed since the issuance of the Certificate of Occupancy attached.
[ ] has changed or received additional building permits, and Certificates of
Occupancy for these changes are attac~d or will be furnished.
COUNTY OF SUFFOLK) ~(~S/~i ~e~. ~-~/~ ~/~
STATE OF NEW YORK) ss.:
Sworn to before me this ~ day of ~-~ , 19 gO .
(Notary Public)
HELEN ~ OEVOE
NOTARY PUBLIC, StateofNew¥od~
No. 4707878, Suffolk CountY./
Term ExpiresM~rch 30,19
ZB5 2/6/86
TOWN ,OF SOUTHOI./)'I~OPERTY RECORD CARD
~NER S~,REET VILLAGE DIST.~. SUB. LOT
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Property Tax Service Agencylv~cem
Judith T. Terry, Town Clerk
LOCAL LAW NO. 8 - 1990
A Local Law in Relation to Zoning
BE IT ENACTED by the Town Board of the Town of Southold as follows:
Chapter 100 (Zoning) of the Code of the Town of Southold is hereby
amended as follows:
1. Section 100-13.B. is hereby amended to read as follows:
DWELLING, ONE-FAMILY -- A detached building containing one
(1) dwelling unit only consisting of a minimum living area of 850
square feet.
II. This Local Law shall take effect upon its filing with the Secretary of
State.
DEPARTMENT OF PLANNING
COUNTY OF SUFFOLK
PATRICK G. HALPIN
SUFFOLK COUNTY EXECUTIVE
360-52O6
ARTHUR H. KUNZ
DIRECTOR OF PLANNING
April 18, 1990
Town of Southold
Zoning Board of Appeals
Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County ,
Administrative Code, the following application(s) which have been referred to
the Suffolk County Planning Co~isston 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)
Charles Colombo
Joseph Cornacchia
[.2fmbrella Home Care
Michael Herbert
3906
3909
3917
3924
Very truly yours,
Arthur H. Kurtz
Director of Planning
GGN:mb
S/s Gerald G. Newman
Chief Planner
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
SCOTI' L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
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 Southold Town Building Inspector,
XX Special Exception, Article IX , Section 100-91 (B
Special Permit
Appeal No.: 3924 Applicant: Michael Herbert
Location of Affected Land: 795 Pike Street,
County Tax Map Item No.: 1000- 140-2-23
Within 500 feet of:
Town or Village Boundary Line
Mattituck, NY
XX
Body of Water (Bay, Sound or Estuary)
State or County Road, Parkway, Highway, Thruway
Boundary of Existing or Proposed County, State or Federally Owned Land
Boundary of Existing or Proposed County, State or Federal Park or
Other Recreation Area
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,
Within One Mile of a Nuclear Power Plant
Within One Mfle of An Airport.
COMMENTS: Applicant is requesting permission to chanqe of use from
Bed and Breakfast to a three family dwelling in this Hamlet Business
District
Copies of Town file and related documents enclosed for your review.
Dated: April 17, 1990
APPEALS BOARD MEMBERS
Gerard P. Ooehringer, Chairman
Charles Grigonis, Jr.
Serge Doyen, Jr.
Joseph H. Sawicki
James Dinizio, Jr.
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
SCOTT L. HARRIS
Supetwisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
April 16, 1990
Mr. Michael Herbert
795 Pike Street
Mattituck, NY 11952
Re: Appl. No. 3924 - MICHAEL HERBERT Special
Dear Mr. Herbert:
Exception
Transmitted for your records is a copy of the recent
determination rendered by the Board of Appeals concerning your
application.
Please be sure to return to the Building Department and all
other involved agencies for proper permits as may be necessary
before commencing construction activities. A copy of this
decision has simultaneously been transmitted to the Building
Ifispectors' Office for their files and update.
Yours very truly,
GERARD P. GOEHRINGER
CHAIRMAN
Enclosure
Copy of Decision to:
Building Inspectors'
Planning Department
James Gildersleeve
By
Office
Doreen Ferwerda
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this and see.
THE CHAIRMAN:
minutes.
Anybody else
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Take about twenty
from Fishers Island or
the mainland here that would like to reflect
upon this case of Walter Rafferty?
Seeing no hands, I make a motion
recessing this hearing ... and until after
... I guess we go after the John and
Catherine Simicich hearing, which is Appeal
Number 3918, somewhere around 8:30 ... a
quarter to nine.
I make a motion.
MR. GRIGONIS:
THE CHAIRMAN:
MR. GRIGONIS:
MR. DOYEN: Aye.
MR. DINIZIO: Aye.
Second.
All in favor?
Aye.
The next appeal is~
behalf of Michael Herbert, Appeal Number_~'
legal notice, I have five letters in the
file, in particular, continuous or adjacent
property.
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The legal notice reads as follows:
Appeal Number 3924, Michael Herbert.
Special Exception to the Zoning Ordinance,
Article IX, Section 100-91 (B), for change
of use from Bed and Breakfast to a three
family dwelling in this Hamlet Business (HB)
District. Property Location: 795 Pike
Street, Mattituck, County Tax Map Number
1000, Section 140, Block 2, Lot 23.
I have a copy of a sketch of the
plans made by the applicant concerning this
particular property and the individual
location of the proposed apartment. I have
copies of the Suffolk County Tax Map
indicating this and surrounding properties
in the area ... properties, for the record,
on Pike Street in Mattituck, and I do not
have the road frontage figure, but it is
approximately 87.5 by 225.22.
Is there anybody that would like to
be heard?
at
Mr. Herbert.
MR. HERBERT: Michael Herbert. ! am,
this time, seeking to convert my bed and
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breakfast into a three family home status.
I propose to reside in one of the apart-
ments, and also propose to maintain it in
the extent of %he quality I have maintained
my bed and breakfast facility.
One thing I do ask of the Board in
consideration, if my appeal is granted,
least of all, permit me to operate my bed
and breakfast facility throughout this
season, and after the end of this season to
convert the house into a three family.
THE CHAIRMAN: When you refer to
"this season," you are
of the summer?
MR. HERBERT:
THE CHAIRMAN:
talking about the end
Until Labor day.
I will be honest with
you, Michael. We have not had an appli-
cation such as this, which you are aware of,
under the new Master Plan, and we have not
had an application really divesting you as
the person, most importantly, the property
-'of the special exception of the bed and
breakfast use. It is something that is
somewhat new to us.
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Is there anything you would like to
state for the record in reference to the
apartments; their size, their location, the
parking?
MR.
HERBERT: The parking is
certainly ample, as it is proposed on the
site plan. The apartments, there would be
two one-bedroom apartments which would be
more than adequate in size. The apartments
that I would contain would have two bed-
rooms, but all the apartments would be
comfortable in size and nature. I think it
would just be a very positive thing for the
area.
THE CHAIRMAN: The only thing I
wanted to state for the record is that under
the section of the code, it only reflects
apartments, as a matter of right, which is a
special exception or a special permit is to
be placed over retail stores, which I think
you are aware of and we had discussed when
you originally filed the application. You
are in a business zone and we are perfectly
aware of that.
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the code that we are
in this particular application,
concerns the multiple dwelling,
all basically one family dwellings,
not, to my knowledge?
MR. HERBERT: Yes, they are from Ed
home down to Barbara and
(phonetic spelling) home.
David Tuthill's
are they
THE CHAIRMAN: I just want to state
that for the record, because we do not have
a clear picture at this particular point of
what is permitted and what is not permitted
in that particular zone. We must be
respective of the retail store apartment
The area of
dealing with
an area that
is not necessarily the area that concerns
the nature of the apartments or the retail
stores because considerably we do not have a
retail store here. We have a nonconforming
dwelling, meaning retail dwelling in the
business zone, as well as all of these
dwellings on that one side of the street are
all actually nonconforming. They are retail
only because the uses that are around in
that particular area district, but they are
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situation, which we refer to as "the old
taxpayer." In other words, we are not
specifically clear in the code and we don't
clearly state that as being the case.
MR. HERBERT: Because the way I am
trying to interpret it with the apartments
that would be considered in conjunction with
the retail stores ... I mean 450 square feet
and parking spaces and the apartments ...
which with regards to the section where it
deals with retail stores and it describes
the layout of the apartments and parking
spaces, I would assume that that would ...
and it also states that there will be no
more than three apartments or three apart-
ments to any single family dwelling. It is
not clear to me really where the problem is,
if that is what it reads.
THE CHAIRMAN: Well, it is the point
of the problem that we have, that if you had
a retail store you would be allowed this as
a matter of right, based upon the divided
footage and we refer to those as standards
in the codes, multiple dwelling is not an
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apartment ... more, a townhouse, not
necessarily construed to be an apartment.
MR. HERBERT: What would a multiple
dwelling be considered?
THE CHAIRMAN: Well,
with the Planning Board.
to multiple dwellings as
I discussed this
They are referring
condominiums or co-
ops, and referring to townhouses as the
same, except the difference between the
townhouse is that we have a two story
structure and that is where basically the
definition comes from.
What I am trying to tell you here is
that it is very difficult for us to deal
with this on this basis, as I mentioned to
you when you originally filed this
application. So let's see what develops,
okay?
Thank you very much.
Anybody else that would
in favor of this application?
Anybody that would like to speak
against the application?
MR. KEOGH: John Keogh. Our fears
like to speak
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are not with Mr. Herbert. He is an
excellent neighbor since he has lived next
to us, and his bed and breakfast facility we
have had no problem at all. Our fears are
with the fact of more tenants moving in on a
permanent basis. Plus the fact that in the
event that the apartments are allowed, ! am
sure that they would all be there.
We bought our property not on
speculation. We bought it as a home, and
we intend to stay there. We are just
protecting what we think may happen in the
future if Michael decides to move elsewhere
or sell the house. Whoever buys it again
would not convert it back to a single family
dwelling. That is our fear, mostly. Plus
the fact on whatever environmental impact it
would have on having three apartments in-
stead of the one single family house.
Once again I repeat that we have had
no problem at all with the bed and break-
fast. It has been a seasonal thing and
Michael has always kept his property up well
and we have had no problem at all with that.
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Those are our fears. That is the
only reason we even question it.
THE CHAIRMAN: I just want to mention
to you, and I reiterate or reinforce the
fact that if there was a retail store in-
volved here, as a matter of right under the
special permit, a person is allowed to have
this. They still have to come to this Board
to get the special permit, but because of
the way the code is written and it clearly
states the minimum and maximum footage
requirement for the apartment, he would be
permitted to have that.
In this particular case, it doesn't
clearly state that apartments can be granted
in an area where you have a nonconformity,
and we refer to the nonconformity as a house
that is being Used for a residence purpose.
It is a primary purpose of that particular
piece of property right now.
Where in the case of the retail
store, the primary factor is the retail
store. The secondary factor are the apart-
ments, and this is a situation ... and it is
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definitely going to exist for a very long
period of time in those Hamlet Business
Districts under the new Master Plan. Not
your district, but other districts that have
been placed in this particular area.
MR. HERBERT: Fine. I understand all
that. I just wanted to explain to you what
our fears were.
THE CHAIRMAN: Wonderful. Thank you
very much.
Anybody else that would like to speak
concerning this application?
Hearing no further comments, I make a
motion closing the hearing, reserving
decision until later.
MR. GRIGONIS: Second.
THE CHAIRMAN: All in favor?
MR. GRIGONIS: Aye.
MR. DOYEN: Aye.
MR. DINIZIO: Aye.
THE CHAIRMAN: Thank you very much
for coming in. _ .....
Appeal Number 3918, in behalf of John
and Catherine Simicich. The legal notice
March 8, 1990
Mr. Gerard Goehringer
Southold Town Zoning Board of Appeals
Southold, New York 11971
Dear Mr. Goehringer,
Pursuant to public notice to adjacent property owners, the
undersigned hereby object to any issuance of a special exemption
applied for under Article 9, Section 100-91B4.
1. No demonstrable hardship as plot and dwelling were pre-existing
when current owner purchased same as single residence. This
property existed as a single residence for 50 years as a 1/2 acre.
Applicant has already received permit for bed and breakfast under
appeal 3539, already increasing value of premises.
2. Not unique as lot situated between two almost identical
properties each containing a single residence- The property in
question is similar in size and dimensions and building size to
adjacent parcels. . a three family dwelling goes against
~ T e pro osed creation of = ~ a ordinance- This is a~.
neighborhoOd tna~
proposal would be completely out of character with the existing
dwellings and use for this neighborhood-
On the basis of the above facts we would respectfully request a
denial of this appeal.
March 8, 1990
Mr. Gerard Goehringer
Southold Town Zoning Board of Appeals
Southold, New York 11971
Dear Mr. Goehringer,
Pursuant to public notice to
undersigned hereby object to
applied for under Article 9,
adjacent property owners, the
any issuance of a special exemption
Section 100-91B4.
1. No demonstrable hardship as plot and dwelling were pre-existing
when current owner purchased same as single residence. This
property existed as a single residence for 50 years as a 1/2 acre.
Applicant has already received permit for bed and breakfast under
appeal 3539, already increasing value of premises.
2. Not unique as lot situated between two almost identical
properties each containing a single residence. The property in
question is similar in size and dimensions and building size to
adjacent parcels.
3. The proposed creation of a three family dwelling goes against
the spirit and intent of the down zoning ordinance. This is a
neighborhood that is predominately single family dwellings. This
proposal would be completely out of character with the existing
dwellings and use for this neighborhood.
On the basis of
denial of this appeal.
the above facts we would respectfully request a
March 8, 1990
Mr. Gerard Goehringer
Southold Town Zoning Board of Appeals
Southold, New York 11971
Dear Mr. Goehringer,
Pursuant to public notice to adjacent property owners, the
undersigned hereby object to any issuance of a special exemption
applied for under Article 9, Section 100-91B4.
1. No demonstrable hardship as plot and dwelling were pre-existing
when current owner purchased same as single residence. This
property existed as a single residence for 50 years as a 1/2 acre.
Applicant has already received permit for bed and breakfast under
appeal 3539, already increasing value of premises.
2. Not unique as lot situated between two almost identical
properties each containing a single residence. The property in
question is similar in size and dimensions and building size to
adjacent parcels.
3. The proposed creation of a three family dwelling goes against
the spirit and intent of the down zoning ordinance. This is a
neighborhood that is predominately single family dwellings. This
proposal would be completely out of character with the existing
dwellings and use for this neighborhood.
On the basis of the above facts we would respectfully request a
denial of this appeal.
March 8, 1990
Mr. Gerard Goehringer
Southold Town Zoning Board of
Southold, New York 11971
Appeals
Dear Mr. Goehringer,
Pursuant to
undersigned
applied for
public notice
hereby object
under Article
to adjacent property owners, the
to any issuance of a special exemption
9, Section 100-91B4.
1. No demonstrable hardship as plot and dwelling were pre-existing
when current owner purchased same as single residence. This
property existed as a single residence for 50 years as a 1/2 acre.
Applicant has already received permit for bed and breakfast under
appeal 3539, already increasing value of premises.
2. Not unique as lot situated between two almost identical
properties each containing a single residence. The property in
question is similar in size and dimensions and building size to
adjacent parcels.
3. The proposed creation of a three family dwelling goes against
the spirit and intent of the down zoning ordinance. This is a
neighborhood that is predominately single family dwellings. This
proposal would be completely out of character with the existing
dwellings and use for this neighborhood.
On the basis of the above facts we would respectfully
denial of this appeal.
request a
March 8, 1990
Mr. Gerard Goehringer
Southold Town Zoning Board of Appeals
Southold, New York 11971
Dear Mr. Goehringer,
Pursuant to public notice to adjacent property owners, the
undersigned hereby object to any issuance of a special exemption
applied for under Article 9, Section 100-91B4.
1. No demonstrable hardship as plot and dwelling were pre-existing
when current owner purchased same as single residence. This
property existed as a single residence for 50 years as a 1/2 acre.
Applicant has already received permit for bed and breakfast under
appeal 3539, already increasing value of premises.
2. Not unique as lot situated between two almost identical
properties each containing a single residence. The property in
question is similar in size and dimensions and building size to
adjacent parcels.
3. The proposed creation of a three family dwelling goes against
the spirit and intent of the down zoning ordinance. This is a
neighborhood that is predominately single family dwellings. This
proposal would be completely out of character with the existing
dwellings and use for this neighborhood.
On the basis of the above facts we would respectfully request a
denial of this appeal.
( ,8nre,,sore,O ,0.
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York
11971
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
SCOTI' L. HARRIS
Supervisor
Fax (516) 765-1823
Telephone (516) 765-1800
February 26, 1990
Michael Herbert
Pike Street
Mattituck, New York
11952
RE:
Request for Site Plan Waiver for Conversion of Use of Home
from Bed And Breakfast to Three Family Dwelling
N/S Pike Street, 200 feet W/of Wickham Avenue, Mattituck
SCTM% 1000-140-2-23
Dear Mr. Herbert:
In response to your written request of February 9, 1990,
for a waiver of the site plan requirement, the Planning Board
has inspected the premises.
The site has sufficient existing parking for the proposed
use. No alterations to the premises are proposed other than to
close off sections of the building so that three separate
dwelling units will be created and to add two kitchen areas.
Should the Zoning Board of Appeals grant your request for a
Special Exception to change to this use, the Planning Board will
waive the requirement for a site plan.
Very Truly Yours,
Bennett Orlowski, Jr.
Chairman
cc: Victor Lessard, Principal Building Inspector
Gerard P. Goehringer, Chairman, Zoning Board of Appeals
Supreme Court, Suffolk County
MICHAEL HERBERT,
For a Judgment pursuant to
Article 78 of the CPLR
~tit~ner~
~ainst
GERARD p. GOEHRINGER, Chairman,
CHARLES GRIGONIS, JR., SERGE
DOYEN,~JR., JOSEPH H. SAWICKI,
JAMES DINIZIO, JR., constituting
the SOUTHOLD. TOWN ZONING BOARD OF
APPEALS, ' '
~2 ~-~..~.n-e~ ~ ~-~,~' JuL,u..Lu...o. ,.¢...u.~,..
................
INTERVENTION l ............... ~'~ ...................
Issue3oined (d~te ........................................................... ) (check ~applicable)
Bill of p~ficular~ se~ed (check ~applicable)
In the City of New York only:
[] The City of New York is a party to this action.
ll~g,R/X~t~ [] Thc Transit Authority (or MABSTOA) is a party to this action.
Respo,dent(s)
[] Request for preliminary conference NATURE OF JUDICIAL INTERVENTION (check)
VI Note of issue and/or certificate of readiness [] Other ex p.arte application
[] Notice of motion (return date ................ .. . ') . ~ Notice of petition (return date.....J.~II~.....6.,.....~,.~.~.Q ............... )
Relief sought ...................................................................................................... : Relief s. ought --.-A.~-~.~.G.~,-~.....7..~....r!].oc].i.f.j,.c~ J;.~D.B.....o..~ ......
................................................................................................................................... · -z---Q ~-~ n g....~.~.~ ~.~.....q. Qn ~.i.~.i.O na.k...a p..p.~.o.v..a1 ..........
.................................................................................................................................. ' [] Notice of medical malpractice action
[] Order to show cause ..................................................................................................... ~'~ ..........................
[] Notice of dental malpractice action
(Clerk will enter return date
Relief sought .................................................................... } [] Statement of net worth
...................................................................................................... _ [] Writ of habeas corpus
[] Other (specify): .............................................................
~I~I~I~I~~~I~I~ .................................. :._.i.._::.:..~...: ..:.:' ~'.~:~ ..........................
..... , . ,,, , ............
Tort NATURE OF ACTION OR PROCEEDING (check)
[] Mo,or eh c,e [] T. ce.,orar,
[] Medical malpractice
[] Dental malpractice [] Condemnation
[] Seaman [] Foreclosure
[] Airline [] Incompetency or conservatorship
Other special proceeding, including but not limited to:
[] Other tort, including but not limited to personal injury, [] Article 75 (arbitration) .. ~ ...... ,.
property damage, slander.or libel (specify):. ....... : .................
~[3~ Article 77 (express trusts) ,~,
....................................... ;"'T ............. :'"'"'.', ................. 'EP Article 78 ' '
.... :' ................................... t'":"'. ...................... ' ......... t [] Other (spec fy)
.~:'~,.,, , ~, .. . .........................
v0*' V ....... R ACTION .~
[] Matrimonial (contested) ., · ' · ....
[] Matrimonial (uncontested) ~ . ' ' "" VI Contract
· ' r ' i'"'l Other (specify): ......................... : ........... ~ ............... !.:.:~..! .:.....,
Attorney(s)~rplainti~s)/petitione~s)
Name
William D~ Moore
Add~ess
Clause Commons,
P.O. Box 23
Mattituck, NY
Suite 3
11952
Phone
(516) 298-6~74
Attorney(s) ~rde~ndant(s)/respondent(s)
Name
Address
Harvey Arnoff, Esq.
Southold Town Attorney
Southold Town Hall
Main Road ~
Soutbold, NY 11971
, - Phone
(516) 765-1800
Name of insurance carriers (if applicable and available)
Not applicable
RELATED CASES (if none, write "NONE" below)
Title Index # Court
Nature of relationship
None
I affirm under penally of perjury that, to my knowledge, other than as noted above, there are and have been no related
actions or proceedings, nor has a request for judical intervention previously been filed in lhls action or proceeding.
D at c d :'""'M'"a'~'"'""!"~' .......... ~'"'" ~: '9" '9'"0" ........ { ~b~i'~'~,:' .................................. : .......... :T:'::'":'"'::":-"':'?;',
William D. Moore William D. Moore ' ~-~ .... , ;...
Attorne)~,l for Petitioner
Omee & P.O. Addres~
Clause Commons, S~ite 3 · ' .... ' .......~'"
P.O. BOX 23 .... : ......... "' ':
Mattituck, NY 11952
SUPREME COURT COUNTY OF SUFFOLK
STATE OF NEW YORK
MICHAEL HERBERT, x
Petitioner x
X
For a Judgment pursuant to Article 78 of the CPLR x
x
against x
x
GERARD P. GOEHRINGER, Chairman, CHARLES GRIGONIS, JR., x
SERGE DOYEN, JR., JOSEPH H. SAWICKI, JAMES DINIZIO, JR., x
constituting the SOUTHOLD TOWN ZONING BOARD OF APPEALS, x
Respondent. x
PLEASE TAKE NOTICE that, upon the petition of Michael Herbert, verified the
I~-~'~' day of May, lggO, and the exhibits and documents attached, copies of
which are annexed hereto, an application will be made at an IAS term'of the
Supreme Court, to be held in and for the County of Suffolk, at the courthouse
at Grilling Avenue, Riverhead, New York, on the 6th day of June, 1990, at g:30
a.m. or as soon thereafter as counsel can be heard for a judgment pursuant to
CPLR Article 78, modifying the conditional approval determination of the Southold
Town Zoning Board of Appeals dated March 29, 1990 and for a judgment directing
the Southold Town Zoning Board of Appeals to eliminate the condition imposed by
the respondent Southold Town Zoning Board of Appeals requiring that the property
be owner occupied as a condition of approval for the apartments together with
costs, disbursements, legal fees and such other and further relief to which the
Court seems just and proper.
Dated: May ~'- , 1990
NOTICE OF
PETITION
Index No.
Assigned
Judge:
Yours, etc.
WILLIAM D. MOORE, ESQ.
Attorney for Petitioner
Clause Commons, Suite 3
Main Road, P.O. Box 23
Mattituck, NY 11952
(516) 298-5674
To: Southold Town Zoning Board of Appeals
SUPREME COURT COUNTY OF SUFFOLK
STATE OF NEW YORK
MICHAEL HERBERT,
Petitioner
For a Judgment pursuant to Article 78 of the CPLR
against
GERARD P. GOEHRINGER, Chairman, CHARLES GRIGONIS, JR.,
SERGE DOYEN, JR., JOSEPH H. SAWICKI, JAMES DINIZIO, JR.,
constituting the SOUTHOLD TOWN ZONING BOARD OF APPEALS,
Respondent.
X
X
X
X
X
X
X
X
X
X
X
PETITION
Index No.
Assigned
Judge:
TO THE SUPREME COURT OF THE STATE OF NEW YORK, SUFFOLK COUNTY:
The petition of Michael Herbert respectfully shows:
1. The petitioner, Michael Herbert, is the owner of real property located
at 795 Pike Street, Mattituck, New York with the Suffolk County Tax Map Number
I000-140.00-02.00-023.000. The petitioner's property is located in the "Hamlet
Business (liB) District". -'
2. The respondents GERARD P. GOEHRINGER, CHARLES GRIGONIS, JR., SERGE
DOYEN, JR., JOSEPH H. SAWICKI, and JAMES DINIZIO, JR., at all times herein
mentioned constituted and still constitute the SOUTHOLD TOWN ZONING BOARD OF
APPEALS (hereinafter referred to as "Z6ning Board") of which the respondent
GERARD P. GOEHRINGER is the chairman.
3. In the Hamlet Business district, certain enumerated property uses are
permitted with special exception approval by the Zoning Board and site plan
approval of the Southold Town Planning Board. The sections of the Southold Town
Zoning Code relevant to petitioner's application are Sections 100-g1(B)(2) and
(4). A copy of these zoning regulations are attached hereto as "Exhibit A".
4. 'This proceeding is brought pursuant to Article 78 of the New York Civil
Practice and Proceedings Law to challenge the condition imposed by'the Zoning
Board on the special exception approval granted by the Zoning Board in its
decision rendered on or about March 29, 1990, and filed with the office of the
Town Clerk on or about April 16, 1990.
5. The petitioner had submitted an application for a special exception
approval from the Zoning Board for permission to use his property for a three-
family dwelling.
6. The Zoning Board approved the proposed three-family dwelling subject
to the following condition; "That applicant be granted two (2) apartments other
than manager's quarters, which is to be owner occupied." Petitioner is hereby
challenging the imposition of this condition upon the approval received from the
Zoning Board.
7. The condition imposed by the Zoning Board is unreasonable, an abuse
of its discretion, exceeds the authority granted to the Zoning Board and was
not supported by substantial evidence.
8. In its decision, the Zoning Board relied'~pon Section 100-91 (B){4)
and did not approve the special exception pursuant to Section 100-91 (B){2) which
permits multiple dwellings.
g. There is no requirement in the Hamlet Business zoning district
regulations that a multiple dwelling (Section 100-91(B)(2)) or apartment (Section
100-91(B)(4)) be owner occupied. Owner occupant requirements for an apartment
are found only in the Agricultural-Conservation "A-C" district and the Low-
Density Residential R-80, R-120, R-200 and R-400 districts.
10. The Southold Town Board did not impose an owner occupant requirement
on multiple dwellings or apartments in the Hamlet Business zoning classification.
11. The Zoning Board made no findings of fact to support or justify the
impositio~ of the owner occupant condition in its approval of the proposeduse.
12. The general standards and the matters to be considered by the Zoning
Board of Appeals for granting a special exception use are set forth tn Sections
100-263 through 265 of the Southold Town Code copies of which are attached hereto
as Exhibit B.
13. The Zoning Board is not authorized to impose conditions which the Town
Board expressly imposed on certain zoning districts and not on others.
WHEREFORE, petitioner respectfully requests Judgment eliminating the
condition imposed by the respondent Zoning Board of Appeals requiring that the
property be owner occupied as a condition of approval for the apartments and for
such other and further relief which to the Court seems Just and proper.
Dated: May /~ , 1990
M~c~Eael Herbe~t~l._~ ~ '
SUPREME COURT COUNTY OF SUFFOLK
STATE OF NEW YORK
MICHAEL HERBERT,
Petitioner
For a Judgment pursuant to Article 78 of the CPLR
against
GERARD P. GOEHRINGER, Chairman, CHARLES GRIGONIS, JR.,
SERGE DOYEN, JR., JOSEPH H. SAWICKI, JAMES DINIZIO, JR.,
constituting the SOUTHOLD TOWN ZONING BOARD OF APPEALS,
Respondent.
STATE OF NEW YORK:
COUNTY OF SUFFOLK: s.ss:
x
X
X
X
X
X
X
X
X
X
X
VERIFICATION
Index No.
Assigned
Judge:
Michael Herbert, being duly sworn, deposes and says that he is the
petitioner herein, that he has read the foregoing petition and knows the contents
thereof, and that the same is true of his own knowledge except as to the matter
therein stated to be alleged upon information and belief, and as to those matters
I believe it to be true. The grounds of my belief as to all matters not stated
upon my own knowledge are as follows: from the records of respondent Southold
Town Zoning Board, public records held at Southold Town Hall and conversations
with public officials.
M~c~i~el'Herbe~t~._ - ~ ~
Sworn to before me this
May, 1990
Notary Public
WILLIAM D. MOORE
N~ Public, State of
No. 4832728
¢emm~u~lm~ I~ S~ffolk County
'--~= r-xplree January 31
day of
§ 100-91 ZONING § 100-91
B. Uses permitted by special exception by the Board of Appeals.
The following uses are permitted as a special exception by the
Board of Appeals as hereinafter provided, subject to site plan
approval by the Planning Board:
:
(1) Any special exception use set forth in and as regulated by
§ I00-31B(3) to (6) and (14) and (15) of the Agricultural
Conservation District.
(2) Multiple dwellin~ and townhouses.
(3) Motel and hotel uses as set forth in and regulated by
§ 100-61B(4) of the Resort Residential (RRI District.
except that minimum lot size shall be one (1) acre.
(4) [Amended 12-12-89 by L.L. No. 23-1989] Apartments
may be perm{tted over retail stores and business,
professional and governmental offices, subject to the
following requirements:
(al The explicit written approval of the Town Fire
Prevention Inspector shall be obtained for the
design, location, access and other safety-related
elements of every such apartment. No apartment
shall be permitted over filling stations, stores
retailing flammable or fume-producing goods.
restaurants or other businesses with kitchens or
other facilities producing intense heat or any other
establishment which the Fire Prevention Inspector
determines to pose a greater-than-a~erage built-in
fire risk.
(b) The habitable 'fl~or area of each apartment shall be
at least four hundred fifty (450) square feet, but in
no case more than seven hundred fifty (750) square
feet. The apartment shall not be located on the first
floor of the building, and the apartment shall
contain all services for safe and convenient habita-
tion, meeting the New York State Uniform Fire
Prevention and Building Code and the Sanitary
Code.
(c) There shall be no more than three (3) apartments
created or maintained in any single building.
10077 I. as - ~o
/7-"
§ 100-91
(d}
(e)
(0
SOUTHOLD CODE § 109-91
Each apartment, or common hallway servicing two
(2) or three (3) apartments, shall have a ~eparate
access to the outside of the building, which must be
distract from the access to uses on the first floor.
Each apartment shall have at least one (1) on-site off-
street parking space meeting the standards of this
chapter, conveniently located for access to the
apartment.
Only the owner of the building in which it is
proposed to locate the apartment(s) may apply for
this special permit. The Board of Appeals shall
require that such applicant execute such agree-
merits, contracts, easements, covenants, deed restric-
tions or other legal instruments running in favor of
the town as, upon recommendation of the Town
Attorney, the Board shall determine to be necessary
to ensure that:
[I] The apartment, or any proprietary or other
interest therein, will not be sold to the tenant or
any other party, except as part of a sale of the
entire building in which the apartment is
located.
[2] The apartment is made available for year-
round rental.
The apartment is properly constructed, main-
tained and used, and unapproved uses are
excluded therefrom.
[4]
Any other condition deemed reasonable and
necessary to ensure the immediate and long-
term success of the apartment in helping to
meet identified housing needs in the community
is complied with.
Bed-and-breakfast enterprises or boarding and/or tourist
homes as set forth and regulated by § 100-61B(5) of the
Resort Residential (RR) DistricL
.J
10078 ~- ss- ~o J
§ 100-262
SOUTHOLD CODE
§ 100-263
impose thereon one (1) or more new conditions, all on the
following gTound~
(1) False statements or mistake of material fact: materially
false or inaccurate statements in the application,
supporting papers or supporting testimony or ignorance
or misunderstanding of a material fact by the Board,
which fact, had it been known to the Board at the time of
its review, would have resulted in a denial of the approval
scughL
(2) Noncompliance with the terms and conditions of such
approval: failure of the applicant-permittee to comply
with any conditions or terms of the approval.
(3) Activity beyond such approval: exceeding the scope of the
activity, use or project as the same was described in the
application.
§ 100-263. General standards.
No special exception approval shall be granted unless the Board
having jurisdiction thereof specifically finds and determines the
following:.
A. That the use wi{I not prevent the orderly and reasonable use of
adjacent properties or of properties in adjacent use districts.
B. That the use will not prevent the orderly and reasonable use of
permitted or legally established uses in the district wherein
.the proposed use is to be located or of permitted or legally
established uses in adjacent usc districts.
C. That the safety, the health, the welfare, the comfort, the
convenience or the order of the town will not be adversely
affected by the proposed usc and its location.
D. That the use will be in harmony with and promote the general
purposes and intent of this chapter.
E. That the use will be compatible with its surroundings and with
the character of the neighborhood and of the community in
gonera], particularly with regard to visibility, scale and overall
appearance.
10160 2.2s. ss
§ 100-263 ZONING § 100-264
F. That all proposed structures, equipment and material shall be
readily accessible for fire and police protection.
§ 100-264. Mattor~ to be considered.
In making such determination, consideration shall also be given,
among other things, to.'
,4,. The character of the existing and probable development ot
uses in the district and the peculiar suitability of such district
for the location of any of such permitted uses.
B. The conservation of property values and the encouragement of
the meet appropriate uses of land.
C. The effect that the location of the proposed use and the location
that entrances and exit~ may have upon the creation or undue
increase of vehicular traffic congestion on public streeta,
highways or sidewalks to assure the public safety.
D. The availability of adequate and proper public or private
water supply and facilities for the treatment, removal or
discharge of sewage, refuse or other effluent (whether liquid,
solid, gaseous or otherwise) that may be caused or created by
or as a result of the ~
E. Whether the use or the materials incidental thereto or
produced thereby may give Off obnoxious gases, odora, smoke
or soot.
F. Whether the use will cause disturbing emissions oi' electrical
discharges, dust, lighL vibration or noise.
G. Whether the operation in pursuance of the use will cause
undue interference with the orderly enjoyment by the public of
parking or of recreational facilities, if existing or if proposed
by the tewn or by other competent governmental agencies.
H. The necessity for bituminous-surfaced space for purposes of
off-street parking of vehicles incidental to the u~ and whether
such space is reasonably adequate and appropriate and can be
furnished by the owner of the plot sought to be used within or
adjacent to the plot wherein the u~shall be located.
§ 100-264 soUTHOLD CODE § 100-265
L Whether a hazard to life, limb or property bee~tuse of fire,
flood, erosion or panic may be created by reason of or as a
result of the use or by the structures to be used therefor or by
the inaccessibility of the property or structures thereon for the
convenient entry and operation o~ fire and other emergencY
apparatus or by the undue eoneentcation or assemblage of
persons upon such plot.
J. Whether the use or the structures to be used therefor will
cause an overerewding of land or undue concentration of
population. '
IL Whether the plot area is sufficient, appre*prlnte and adequate
for the use and the reasonably anticipated operation and
· expansion thereof.
L Whether the use to be operated is unreasonably near to
church, ~chcol, thoater, recreational area or other place of
publte a~embly.
M. whether the site of the prope~ed use is particularly suitable
for such u~
H. whether adequate buffer yards and screening can and will be
provided to protect adjacent properties and land uses from
possible detrimental impac~ of the propeced use.
O. Whether adequate prevision can and will be made for the
collection and disposal of stormwater runoff, ~ewage, refuse
and other liquid, solid or gaseous waste which the proposed use
will generate.
p. Whether the natural characteristics of the site are such that
the proposed u~e may be introduced there without undue
disturbance or disruption of important natural features,
systems or processes and without risk of pollution to
groundwater and surface waters on and off the site.
§ 100-265. Additional conditions and safeguards.
,In deciding on any apphoat~on for a ipec~nl exception use, the Board
having jurisdiction thereof may impose such conditions and
10162 s - ss - ss
HARVEY A. ARNOFF
Town Attorney
MATYHEW G. KIERNAN
Assistant Town Attorney
OFFICE OF THE TOWN ATTORNEY
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
CONFIDENTIAL
MEMORANDUM
TO: Gerard P. Goehringer,
FROM:
RE:
DATE:
Chairman
Harvey A. Arnoff, Town Attorney
Michael Herbert
May 15, 1990
It would appear that Bill Moore feels that somehow the
Board should approve a multiple dwelling and not with the
conditions attached. Considering the fact that the Board gave
its determination, I think it is discretionary with you as to
whether or not you want to grant a rehearing. Perhaps a letter
to Bill Moore from you indicating that there is additional
evidence he wishes to present to the Board which in some manner
he feels might influence your decision then, and in that case,
you would consider to let him reargue it, but I leave that
choice solely up to you. Please advise.
william D. Moore
Patricia C. Moore
MOORE & MOORE
Attorneys at Law
Clause Commons Suite 3
Main Road P.O. Box 23
Mattituck, New York 11952
Tel: (516) 298-5674
Fax: ($16) 298-f~54
May 8, 1990
Margaret Rutkowski
Secretary
Gerard P. Goehringer, Chairman
Southold Town Board of Appeals
Southold Town Hall
Main Road
Southold, NY 11971
Harvey Arnoff, Esq.
Southold Town Attorney
Southold Town Hall
Main Road
Southold, NY 11971
Re: ZBA Special Exception Appeal No. 3924 (Michael Herbert)
Dear Gentlemen:
We have been retained by Michael Herbert to review the decision in Appeal No.
3924 and, specifically to determine if one of the conditions imposed upon this special
exception can be eliminated. Mr. Herbert made application for a special exception under
the Town Code Section 100-91(B) for a change of use from an existing Bed and Breakfast
to a three-family dwelling in the hamlet business district. The special exception was granted
by the Zoning Board relying upon 100-91(B)(4). It is condition number three in the
decision which Mr. Herbert seeks to have eliminated (that applicant be granted two
apartments other than the manager's quarters, which is to be owner occupied).
In the course of the public hearing, there was a discussion regarding the applicability
of Section 100-91(B)(2) which permits multiple dwelling and townhouses by special
exception of the Board of Appeals.
It appears from reviewing the transcript of the public hearing that the Planning
Board and/or Zoning Board did not consider Mr. Herbert's structure with three proposed
apartments as a multiple dwelling. Instead, the focus was on treating these as accessory
apartments. I believe that the three dwellings proposed by Mr. Herbert do constitute a
multiple dwelling as that term is defmed in the zoning ordinance.
Section 100-13 provides the definitions for dwelling unit and multiple dwelling. A
dwelling unit is defined as:
"A building or entirely self-contained portion thereof containing
complete housekeeping facilities for only one (1) family,
including any domestic servants employed on the premises, and
having no enclosed space (other than vestibules, entrance or
other hallways or porches) or cooking or sanitary facilities in
common with any other "dwelling unit". A house trailer, a
boarding-or rooming house, convalescent home, fraternity or
sorority house, hotel, motel, inn, lodging or nursing or other
similar home or other similiar structure shall not be deemed
to constitute a "dwelling unit"."
Mr. Herbert's proposal consisted of a building of three dwelling units each with their
own housekeeping facilities which share no enclosed space for cooking or sanitary facilities
with other dwelling units. A multiple dwelling is defined in Section 100-13 as: "A building
or portion thereof containing three (3) or more dwelling units."
The combined definitions of dwelling unit and multiple dwelling are satisfied by the
proposed use of Mr. Herbert's property.
The hamlet business zoning regulations do not require that accessory apartments (or
more appropriately in this case multiple dwellings) be owner occupied. The owner
occupant requirement is set forth only in the residential zoning district in Section 100-
31(B)(14). If the Town Board had intended to impose the owner occupant condition upon
multiple dwellings or accessory apartments in the hamlet business district, it would have
been easy for them to have said so in the ordinance which they enacted.
You "cannot by implication supply in a statute a provision which is reasonable to
suppose the (To'¢,m Board) intended intentionally to omit....(I)f the legislators had intended
the statute to include the matter in question, it would have been easy for them to have said
so and to have expressly included it....(T)he failure of the Legislature to include the matter
within the scope of the act indicates that its exclusion was intended...." New York Statut¢~
Section 74 (McKinney's 1971)
The imposition of the owner occupant condition in Appeal No. 7924 effectively
legislates the condition upon the property is in a zoning district in which the Town Board
did not create such a requirement. Such a condition cannot be imposed by a zoning board
under these circumstances.
Mr. Herbert would like to have the hearing re-argued before the Zoning Board with
the hope that the Board would reconsider the imposition of such a condition. I will be
preparing papers for an Article 78 petition to challenge the imposition of the condition and
will have them served upon you shortly solely for the purpose of preserving Mr. Herbert's
rights and to avoid the short statute of limitations to challenge a Zoning Board action. I
believe that this matter can be resolved without completing the Article 78 procedure and
would therefore give you a substantial time in which to submit answering papers with the
hope that we can resolve it.
I look forward to hearing from you with respect to this matter.
WDM/mr
cc: Michael Herbert
Southold Town Board of Appeals
MAIN ROAD- STATE RnAD 2S SOUTHOLD, L.I., N.Y; 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
JOSEPH H. SAWICKI
JAMES DINIZIO, JR.
TYPE II ACTION DECLARATION
March.15, 1990
Appeal No. 3924 SE
Project/Applicants: Michael Herbert
County Tax Map No. 1000-140_2_23
Location of Project: 795 Pike Street,
Mattituck, NY
Relief Requested/Jurisdiction Before This Board in this Project:
Change of Use from Bed & Br~kfast to three family dwelling.
This Notice is issued pursuant to Part 617 of the
implementing regulations pertaining to Article 8 of the N.Y.S.
Environmental Quality Review Act of the Environmental
Conservation Law and Local Law #44-4 of the Town of Southold.
An Environmental Assessment (Short) Form has been submitted
with the subject application indicating that no significant
adverse environmental effects are likely to occur should be
project be implemented as planned.
It is determined that this Board's area of jurisdiction
concerning setback, area or lot-line variances determines this
application to fall under the established list of Type II
Actions. Pursuant to Section 617.2jj, this Department is
excluded as an involved agency.
This determination shall not, however, affect any other
agency's interest as an involved agency under SEQRA 617.2jj.
For further information, please contact the Office of the
Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at
(516) 765-1809.
tm:
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
FAX ($16) 765-1823
TELEPHONE (516) 765-1801
TO:
SOUTHOLD TOWN ZONING BOARD OF APPEALS
FROM:
JUDITH T. TERRY, SOUTHOLD TOWN CLERK
RE:
ZONING APPEAL NO. 3924, Michael R. Herbert
DATE: FEBRUARY 22, 1990
Transmitted is application for special exception submitted by MICHAEL
Z. HERBERT together with notification to adjacent property owners; short
environmental assessment form; Zoning Board of Appeals Questionnaire
Form; Survey; and three (3) sets of plans.
Judith To Terry
Southold Town Clerk
MICHAEL HERBERT
PROPRIETOR
c VIattituck C'Bed a'Break£ast
795 Pike Street
Mattituck, New York 11952
(516) 298-8785
February 21, 1990
Dear Jerry,
I am wrltln to vou to
calender for the next Board
request that I be out on the
meettn? in March to discuss
the conversion of My Bed & Breakfast to a 3 family dwelling.
Iam under extreme financial ~ressure to make this conversion.
Yy B&B is a seasonal bus,ness(4 months) and I find I
am very hard ~ressed to m~ke mortgage na~r~ents and other
payments on the ~ronerty. Therefore, Ia~ most anxious to
convert the house into somethin~ that will ~ive me a year
round income.
I'm sorry if my request puts the Board under"pressure.
However, I wouldn't make such a request unless it were a
hardship ease. Thank you and,
Sincerly, ~
C
4
¢ ~'T
V~hckham
,/
NOI'ICE OF HEARINGS
NOTICE IS HEREBY given,
pursuant to Section 267 of the
Town Law and the Code of the
Town of Southold, the follow-
ing hearings will be held by the
SOUTHOLD TOWN BOARD
OF APPEALS at a Regular
Meeting, at the Southold Town
Hall, Main Road, Southold, NY
11971, on THURSDAY,
MARCH 15, 1990, at the fol-
lowing times:
7:30 p.m. App]. No. 3917-
UMBRELLA HOME CARE.
Variance to the Zoning Ordi-
nance, Article VII, Section
100-71 C, as disapproved, for
permission to construct a sign,
· proposed sign is not permitted
in this Residential/Office (RO)
District. Property Location:
28455 Main Road, Cutchogue,
County 'Pax Map No. 1000, Sec~
tion 102, Block 02, Lot 12.1.
7:35 p.m. Appl. No. 3909--
JOSEPH CORNACCHIA. Var-
lance to the Zoning Ordinance,
Article III, Section 100-33, as
disapproved, for permission to
construct an accessory shed in
frontyard Area. Property Loca-
tion: 835 Kimberly Lane,
Southold, County Tax Map No.
1000, Section 070, Block 13, Lot
20.5.
7:40 p.m. Appl. No. 3916--
GEORGE REINHARDT. Vari-
ance to the Zoning Ordinance~
Article 11I, Section 100-31, as
disapproved for permission to
construct deck addition, pro-
posed construction exceeds per-
mitted lot coverage and has
insufficient setbacks from pro-
periy line. Property Location:
1380 P~. Road #3 Trumans
Path, East Marion, County Ta~
Map No. 1000, Section 31, Block
12, Lot 10. ~'
7:45 p.m. AppL No. 3906--
CHARLES COLOMBO. Vari-
ance to the Zoning Ordinance,
Article XXIV, Section 100-244
B, as disapproved, for permis-
sion to construct a deck addi-
tion to existing dwelling, pro-
posed construction will have in-
sufficient sideyard setbacks.
Property Location: 350 Oak
Street, Cutchogue, County Tax
Map No. 1000, Section 136,
Block 1, Lot 48.
7:50 p.m. Appl. No. 3903'
LINDA DAMBASSIS. Variance
to Zoning Ordinance, Article
III, Section 100-33, (Article
XXIII, Section 100-239.4 (A), as
disapproved for permission to
construct accessories' garage
pool and additions to dwelling
in .frontyard area. Property
Location: 2430 Dignan's Road,
Cutchogue, County .Tax Map
No. 1000, Section 83, Block 2,
Lot 7.2.
7:55 p.m. Appl. No. 3912-
EDWARD AND CORRINE
BIRDIE. Variance to the Zon-
ing Ordinance, Article IliA,
Section 100-30A.3, for per-
mission to construct additions
to one family dwelling, pro-
posed construction will have in-
sufficient side. yard setbacks.
Property Location: 380 Parsons
Boulevard, East Marion, Coun-
ty Tax Map No. 1000, Section
037, Block 01, Lot 17.1.
8:00 p.m. Appl. No. 3911-
WALTER RAFFERTY. Vari-
ance to the Zoning Ordinance;
Article XXIV, Section 241A,'
(Article XXVIII, Section'
100-281 (3), as disapproved, for '
permission to construct addi-
tions and alterations to garage
with apartment. Property Loca-.
tion: East End Road, Fishers Is-
land, County Tax Map No.
1000, Section 3, Block 7, Lot 5.~
~ 8:05 p.m. Appl. No. 3924--
~ MICHAEL HERBERT. Special
/ Exception to the Zoning Ordi-
t,-.., nance, Article IX, Section
} 100-91 (B), for change of use
/ ~ f.rom Bed and Breakfast to a
/ three family dwelling in this
/ Hamlet Business (HB) District.
/ Property Location: 795 Pike
/ Street, Mattituck, County Tax
{ Map No. 1000, Section 140,
~...~...~Block 2, LOt 23.
8:10 p.m. Appl. No. 3918-
JOHN AND CATHERINE
SIMICICH. Special Exception
to the Zoning Ordinance, Arti-
cle Ill, Section 100-31, for per-
mission to have a winery for
production and winery sales.
Property Location: 4250 Beiges
Avenue, Mattitock, County 'Fax
Map No. 1000, Section 121,
Block 1, Lots part of 001.
8:15 p.m. Appl. No. 3907--
NICHOLAS ALIANO.
Variance to the Zoning Ordi-
nance, Article III A, Section
100-30A.2 (Article XXV, Sec-
tion 100-253 A), as disapproved,
for ponnission to construct a re-
tail office complex, proposed
construction is not permitted in
this R-40 Zone District. Pro-
perty Location: 29950 Main
Road, 30 Pequash Avenue, Cut-
~ chogue, County Tax Map No.
1000, Section 102, Block 03, Lot
01.
8:20 p.m. Appl. No. 3915-
JORDAN'S PARTNERS. Vari-
ance to the Zoning Ordinance,
Article VII, Section 100-71, as
disapproved for permission to
construct office and o~tafi stores,
proposed construct is not per-
mitred use in this District. Pro-
perty Location: 1000 Main
Street and 160 Main Road,
Greenport, County ~ Map
No. 1000, Section 34, Block 2,
Lot L
The Board ~f Appeals will at
said time and place hear any and
all persons or representatives de-
siring to be heard in each of the
above matteR Writtea._~lp.:.
ment~'may als° be ~b~it~-~' '
prior to the conclusion of the
subject hearing. Each hearing
will not start before time al-
lotted. Additional time for your
presentation will be available, if
needed. For more information,
please call 765-1809.
Dated: March 6, 1990
BY ORDER OF
THE SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRINGER
CHAIRMAN
by Doreen Ferwen:la
. lX, 3/8/9O (28)
or ICE OF HEARINOS
CE IS HEREBY GIVEN,
t ~. i~.~n 26'/of the To~n
Law and~,~ Cod~ of the Town c~
Southo¥~l, the following hearings
will be held by the SOUTHOLD
TOWN BOARD OF APPEALS at a
Regular Meeting, at the Southold
Town Hall, Main Road, Southcid,
NY 11971, on THURSDAY,
MARCH 15, 19~0, at ~e following
times:
'7:30 p.m. Appl. No. 391'1 --
UMBRELLA HOME CARE. Vad-
cie VII, Section 100-'71 C, ns dis-
approved, for permission to con-
stmct a sign, proposed sign is not
permitted in this Resident~/Offi~
(RO) District. Propert~ Location:
28455 Main Road, Cutchogun,
County Tax Map No. 1000, Sectien
102, Block 02, Lm 12.1. '
'7:35 p.m. Appl. No. 3909 --
JOSEPH CORNACCltlA.-Variance
Section 100-33, ~s disapp~ved, for'
permission to c~tmct an
shed in frontyard Ares. Property.
Location: 835 Kimberly Lane,.
Southold, Connty Tax Map No..
20.5. 1000. Sectien 83, Bloat 2, Lot 7.2. a=~_~af,?ss·
7:40 p.m. AppL No. 3916 ~.' 7:55 p.m. Appl. No. 3912 -- /~ofllifload [roar i~svtot~ [l~q~
EDWARD AND CORRINE ~ --
GEORGE REINHARDT. Vacinnce. . .] ~/,.~aUinn: 795 l~e Sueet, ~
to the Zoning O~dinance, Anicla I~. BIRDIE. Variance to the Zoning ~.~o,,,,i~t. County Tax Man No
Sec6on 100-31. as disapproved for. Ordinance Article HI A, Section ( ¥(~'.~.~'~.~., 140 ~k~t ~ L~23 ~'~
permissiml to constroct deck eddi~' IOO-30A..~, lot peFmtsston to con- 8'10 p m Appl No 3918 ~
li0n, propmed comtmctlon ~ceeds atruct additions to one family JOHN AND CA~ SIMX-
permirtcd lot coverage and has. dwelling, ~ comtmc~on will CICH. Special Exception to the
insufficient sctbecks from pe0peny have insufficient side yaxd sethcks. Zoning Onfinanca, A~ic~ ~X, See- ;k~ [fl
llne. Pr~t~erty Location: 1380 Pv~ Property Location: 380 Parsons lion 100-31, for pe~ni#im to have & cJpa[
Road ii 3 Tnnnans Path, East Mad- Boulevard, F~st Marion, Ceunty Tax wineo/for produeti0n-4md wine~/
e~,C. euntyTaxmnpNo. 1000, Sec-- Maplqo. 1000, Section 037, Block. sales. P~operty Lo~ti~t: 4250. tpefs
tlm 31, Block 12, Lei I0. OI,La117.L Be.r~en Avarue, ~ County
7:45 p.m. AppL No. 3906 --,- 8:00 p.m. Appl. No. 3911 -- Tax Map No. 1000, Se~!~ 121,
CHARLES COLOMBO.' Vadnnce WALTER RAFPERTY. Vadance to Block 1, Lets pan e~001. ·' liCh
to the ~oning Ordinance, Article the Zoning Ordinance, Article
XXIV. Section 100-244 B, as dis. XXIV, Section 241A. (Article 8:15 pim. Appl. No. 3907 -- Ileal
NICHOLAS ALIANO. Vadsnc~ to
approved, for permission to con- XXVIIL Sectlon 100-281 (3), as dls- the Zonin[ Onfinance, A~cin II1 A, ~eeks
street a deck addition to existing- approved, for pennission to con- Sectlo~ 100-30A.2 (Anicin XXV,
dwelled, ~ c~ms~mctinn will, atruct additions and alterations to Sec~im 100-2~3 AL ~s dlsap~ ~ay O [
haw insufficient sideyard set,cks., garage with apartment. Property for pennlasinn to cmsuuct · ~
P~operty Loc~tinn: 350 Oak Succt,- Location: East End Road, Fishen
Cutchogne, County Tax Map No.. Island, County Tax Map No. 1000, e~i~ c~npla~ ~ ~ns
· tiaa is n~ pennit~d in this R-40
1000, Sec6on136. BinckI, Le~48.. Secilon3, BlockT, LotS. ' '~ ZoanDimict. Prope~yLocation:
7 50 p.m. AppL No. 3903 ~ 8:05 p.m. Appl. No. 3924 -- \ .......... .~, u
LINDA DAMBASSIS. Variance to /M~CHAEL HERBERT Special E~ ~z~¥:~o Math Aoao, ~ requ,,-
tic~100-33,(AnlcieXXllLSectint~.0 ) AnlcieIX, Sectionl00-91 (B),for ~ ~.~'I~01 ' ~',
100-239.4 (A), as dlsapproved for / change of use from Bed and Break- ~ 'd.~n '.. ~,,~i No 3915~
garage pool and additions to ( Hamlet Business (HB)Districtf. ..... .:'_~_.~_'.
dwelling in fro~tyant ~ Property' k.~ ..... n
Location 2430 Dignan s Road, ,~eo LegalS, Next pag_ for pe,n~,ion to ~t
is not lxmni~ed use in this Dimkt. ',
t __ and 160 Main Road, G~enport~
County Tax Map No, 1~0, Sectim'
34, Block 2, Lot I. - ;. "
Ibe Bo~d ~ Apt~h ~11 at said
sub, ct he, ins. ~ headng'will
not ~an befoae time a~rt~t Addi-
tienal tlme for your pee~esmi~ vdB
be availnbl~ if n-~-~--~t For
Dated l~ch 6,
BYORDER OF THE SOUTHOLD
TOWN BOARD O~ APPEALS
GERARD E GO~HRINGER '
C~dI~iAN '
6600-1TM8 - -- '- /'~'-/
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GR[GONIS, JR.
SERGE DOYEN, JR.
JOSEPH H. SAWICKI
JAMES DINIZIO, JR.
Southold Town Board of Appeals
MAIN ROAD- $TATE: ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
TO W~OM IT MAY CONCERN:
Enclosed herewith as confirmation of the time. date and
place of the public hearing concerning your application is a
copy of the Legal Notice, as published in the Long Island
Traveler-Watchman, Inc. and Suffolk Times, Inc.
Please have someone appear in your behalf at the time
specified in the event there are questions brought up during the
same and in order to prevent a delay in the processing of your
application. Your public hearing will not start before the
times allotted in the attached Legal Notice.
Please feel free to call our office prior to the hearing
date if you have questions or wish to update your file.
Yours very truly,
CHAIRF~AN ~J
dff
QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED
WITH YOUR APPLICATION FO?J4$ TO THE BOARD OF APPEALS
Please complete, sign and return to the Office of the Board of Appeals
with your completed application forms. If "Yes" is answered to any
questions below, please be sure to depict these areas on your survey
(or certified sketch), to scale, and submit other supporting documenta-
tion.
1. Are there any proposals to change or alter land contours?
2.a)Are there any areas which conm~in wetland grasses?
(Attached is a list of the wetland grasses defined by
Town Code, Ch. 97 for your reference.)
b)Are there any areas open to a waterway without bulkhead?
3. Are there existing structures at or below ground level,
such as patios, foundations, etc?
4. Are there any existing or proposed fences, cDncrete
barriers, decks, etc?
If project is proposed for an accessory building or
structure, is total height at more than 18 feet above
average ground level? State total: ' ft.
If project is proposed for principal building or
structure, is total height at more than 35 feet above
average ground level? State total: ft.
7. Are there other premises under your ownership abutting
this parcel? If yes, please submit copy of deed.
Are there any building permits pending on this parcel
(or abutting land under your ownership, if any)?
State Permit # and Nature:
Yes
Yes
Yes ~
Yes ~
Yes
Yes~
Yes~
Do state whether or not applications are pending
concerning these premises before any other department
or agency (State, Town, County, Village, etc.):
Planning Board
Town Board
Town Trustees
County Health Department
Village of Greenport
N.Y.S.D.E.C.
Other
10.
Is premises pending a sale or conveyance?
If yes, please submit copy of names or purchasers
and conditions of sale. (from contract)
11. Is new construction proposed in the area of contours
at 5 feet or less as exists?
12.
If new construction is proposed in an area within
75 feet of wetland grasses, or land area at an eleva-
tion of five feet or less above mean sea level, have
you made application to the Town Trustees for an
inspection for possible waiver or permit under the
requirements of Ch. 97 of the Town Code?
Yes ~
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
13. Please list present use or opemations conducted_~pon ~he
subject property at ~is time~{~
P~ and proposed--K~{%~
Lease submit photographs ~or the record.%
I certify that the above statements are true and are being submitted
reliance%bw the Board of Appeals in considering my application.
S±gnatur~ -(Prop~rt~ Owfie~)' (Authorized Agent)
for
WETLANDS [Amended 8-26-7,3 hy L.L. No. 2-1976: 3-26-
85 by L.L. No. 6-1985]:
A. TIDAL WETLANDS:
(1) All lands generally covered or intermittently cov-
ered with, or which border on, tidal waters, or hinds
lying beneath tidal waters, which at mean Iow tide
are covered by tidal waters to a maximum depth of
'five (5) feet, including but not limited to banks,
bogs, salt marsh, swamps, meadows, flats or other
low lying lands subject to tidal ac(kin:
(2)
All banks, hogs. meadows, flats and tidal marsh
subject to such tides and upon which grows or may
grow some or any of the following: salt hay, black
grass, saltworts, sea lavender, tall eordgrass, high
bush. cattails, groundsel, marshmallow and low
march cordgrass; and/ur
(3)
All land immediately adjacent to a tidal wetland as
defined in Subsection A~2) and lying within seven-
ty-five (75) feet landward of the most landward
edge of such a tidal wetland.
FRESIIWATER WETI,ANDS:
(1) "Freshwater wetlands" as defined in Article 2,1, Ti-
tle 1, § 2,1-0107. Subdivisions l(a) to l(d) inclusive.
of the Environmental Conservation Law of the State
of New York: and
(2)
All land immediately adjacent to a "freshwater wet.
land," as defined in Subsection 15(1) and lying with-
in seventy-rival (75) feet landward of tho most land-
ward edge of a "freshwater wetland."
9705
Slate Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONs Only
PART I~PROJECT INFORMATION (To be completed by Applicant or Project s~onsor)
I~. WH~.r iS PRESE~'4T LAt40 USE IN ViCh'41Ty OF
De$choe: ~]Agncultute r"~Park/Foresl/OI3en soace [~ Other
~TATE OR LOCAL)~
[] Yes It yes. Iisi agency(s) and permit/aPprovals
OOES ANY ASPE CF THE ACTION HAVE A CURRENTLY VALID PERMIT O~ APPROVA 7
If the aclion is [n the Coastal-~roa. a--' ,-- ~
,- . .u you are a slale a en
Cea. Iai Assessment Form h-, ...... g cy, complete lbo J
OVER ~ ~
1
project ia not Signi£icant.
(Si Environmen~tal As~es~m~n~t
12. Will project regularly cause objectionablc odors,
14.
Will pro)oct have any impact on public health
[~ili prelect affect thc existing community by
· TOWN OF SOIITIIOI,D
ICE OF BUILDING INSI'ECT()It
TOWN IIALL
SOUTIIOLD, NEW YOIU(
CEIITIFICATI:] Ol? OCCUPANCY
NONCONFOIU%IING PIIEM ISES
Tills IS TO CE1UFIFY that the
L~nd
- ~ Pre C.O. #- Z13944
/ / Building(s)
/--/ Use(s) Date- Oct. 18t198.5
located at 795 Pike St. Mattituck
Street llamlet
shown on County taxtnap as District 1000, Section 140 , Block 02
Lot 023 · does~no~t)conform to the present Building Zone Code of the
Town of Southold for the following reasons:
Insufficient total area. Insufficient side yard set-back.
On the basis of information presented to the Building Inspector's Office,
it has been determined that the above nonconforming /~/Land /-/Building(s)
-- _
/-/Use(s) existed on th6 effective date the present Building Zone Code of the
Town of Southold, and may be continued pursuant to and subject to the appli~
cable provisions of said iCode.
IT IS FURTtIER CERTIFI. ED that, based upon infor~nation presented to
the B~ilding Inspector,s'!
Office, the occupancy and use for which this Certifi-,
cate is issued is as follolvs: Property contains a two story, one fam-
ily, wood framed dwe.lling with attached porches; an accessory gar-
aqe with attached shed. Property also has split rail fencin9
along parts of east side line. Property situated in the A-Residen-
tial-Agricultural Zone with access to Pike St., a Town maintained
road.
The Certificate is iSSued to
of the aforesaid building.
Suffolk Count3 Dcpartmerlt of Ilealth Approval
UNDERWRITEIIS CERTIFICATE NO.
P~NNY, JANINA
(owner, Aem~-~)
N/A
N/A
NOTICE IS IIEIIEBY~GIVEN that the owner of the above premises }L~S
N'OT CONSENTED TO AN~ INS1 LC 1 ION of the premises by the Building Inspec-
tor to determine if the premises compl3, with all applicable codes and ordin-
ances, other than the But!ding Zone Code, and therefore, no such inspection
has been cnnducted. Thi,4 Certificate, therefore, does not, and is not intended
to certif), that the premis,es comply with all other appl,icable codes and regula-
tions. ' ~.
lluiidiq~ 'JlS pec tot
William D. Moore
Patricia C. Moore
MOORE & MOORE
Attorneys at Law
Clause Commons Suite 3
Main Road P.O. Box 23
Mattituck, New York 11952
Tel: (516) 298-5674
Fax: (516) 298-5664
May 8, 1990
Margaret Rutkowskl
Secretary
Gerard P. Goehringer, Chairman
$outhold Town Board of Appeals
Southold Town Hall
Main Road
Southold, NY 11971
Harvey Arnoff, Esq.
Southold Town Attorney
Southold Town Hall
Main Road
Southold, NY 11971
Re: ZBA Special Exception Appeal No. 3924 (Michael Herbert)
Dear Gentlemen:
We have been retained by Michael Herbert to review the decision in Appeal No.
3924 and, specifically to determine if one of the conditions imposed upon this special
exception can be eliminated. Mr. Herbert made application for a special exception under
the Town Code Section 100-91(B) for a change of use from an existing Bed and Breakfast
to a three-family dwelling in the hamlet business district. The special exception was granted
by the Zoning Board relying upon 100-91(B)(4). It is condition number thre& in the
decision which Mr. Herbert seeks to have eliminated (that applicant be granted two
apartments other than the manager's quarters, which is to be owner occupied).
In the course of the public hearing, there was a discussion regarding the applicability
of Section 100-91(B)(2) which permits multiple dwelling and townhouses by special
exception of the Board of Appeals.
It appears from reviewing the transcript of the public hearing that the Planning
Board and/or Zoning Board did not consider Mr. Herbert's structure with three proposed
( (
apartments as a multiple dwelling. Instead, the focus was on treating these as accessory
apartments. I believe that the three dwellings proposed by Mr. Herbert do constitute a
multiple dwelling as that term is defined in the zoning ordinance.
Section 100-13 provides the definitions for dwelling unit and multiple dwelling. A
dwelling unit is defined as:
"A building or entirely self-contained portion thereof containing
complete housekeeping facilities for only one (1) family,
including any domestic servants employed on the premises, and
having no enclosed space (other than vestibules, entrance or
other hallways or porches) or cooking or sanitary facilities in
common with any other "dwelling unit". A house trailer, a
boarding-or rooming house, convalescent home, fraternity or
sorority house, hotel, motel, inn, lodging or nursing or other
similar home or other similiar structure shall not be deemed
to constitute a "dwelling unit"."
Mr. Herbert's proposal consisted of a building of three dwelling units each with their
own housekeeping facilities which share no enclosed space for cooking or sanitary facilities
with other dwelling units. A multiple dwelling is defined in Section 100-13 as: "A building
or portion thereof containing three (3) or more dwelling units."
The combined definitions of dwelling unit and multiple dwelling are satisfied by the
proposed use of Mr. Herbert's property.
The hamlet business zoning regulations do not require that accessory apartments (or
more appropriately in this case multiple dwellings) be owner occupied. The owner
occupant requirement is set forth only in the residential zoning district in Section 100-
31(B)(14). If the Town Board had intended to impose the owner occupant condition upon
multiple dwellings or accessory apartments in the hamlet business district, it would have
been easy for them to have said so in the ordinance which they enacted.
You "cannot by implication supply in a statute a provision which is reasonable to
suppose the (Town Board) intended intentionally to omit....(I)f the legislators had intended
the statute to include the matter in question, it would have been easy for them to have said
so and to have expressly included it....(T)he failure of the Legislature to include the matter
within the scope of the act indicates that its exclusion was intended...." .New York Statutes
Section 74 (McKinney's 1971)
The imposition of the owner occupant condition in Appeal No. 7924 effectively
legislates the condition upon the property is in a zoning district in which the Town Board
did not create such a requirement. Such a condition cannot be imposed by a zoning board
under these circumstances.
Mr. Herbert would like to have the hearing re-argued before the Zoning Board with
the hope that the Board would reconsider the imposition of such a condition. I will be
preparing papers for an Article 78 petition to challenge the imposition of the condition and
will have them served upon you shortly solely for the purpose of preserving Mr. Herbert's
( (
rights and to avoid the short statute of limitations to challenge a Zoning Board action. I
believe that this matter can be resolved without completing the Article 78 procedure and
would therefore give you a substantial time in which to submit answering papers with the
hope that we can resolve it.
I look forward to hearing from you with respect to this matter.
WDM/mr
cc: Michael Herbert
¢ ¢
LOCAL LAW NO. 8 - 1990
A Local Law in Relation to Zoning
BE IT ENACTED by the Town Board of the Town of Southold as follows:
Chapter 100 (Zoning) of the Code of the T~)wn of Southold is hereby
amended as follows:
1. Section 100-13.B. is hereby amended to read as follows:
DWELLING, ONE-FAMILY -- A detached building containing one
(1) dwelling unit only consisting of a minimum living area of 850
square feet.
II. This Local Law shall take effect upon its filing with the Secretary of
State.
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Charles Gfigonis, Jr.
Serge Doyen, Jr,
Joseph H. Sawicki
James Dinizio, Jr.
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
SCOFF 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.
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
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this and see.
THE CHAIRMAN: Take about twenty
minutes.
Anybody else from Fishers Island or
the mainland here that would like to reflect
upon this case of Walter Rafferty?
Seeing no hands, I make a motion
recessing this hearing ... and until after
... I guess we go after the John and
Catherine Simicich hearing, which is Appeal
Number 3918, somewhere around 8:30 ... a
quarter to nine.
I make a motion.
MR. GRIGONIS: Second.
THE CHAIRMAN: All in favor?
MR. GRIGONIS: Aye.
MR. DOYEN: Aye.
MR. DINIZIO: Aye.
_~_ZHE'OHA~RMAN: The next appea~ i~on~
~,_392_~4Z/ For the record, before I read the
legal notice, I have five letters in the
file, in particular, continuous or adjacent
property.
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The legal notice reads as follows:
Appeal Number 3924, Michael Herbert.
Special Exception to the Zoning Ordinance,
Article IX, Section 100-91 (B), for change
of use from Bed and Breakfast to a three
family dwelling in this Hamlet Business (HB)
District. Property Location: 795 Pike
County Tax Map Number
Block 2, Lot 23.
Street, Mattituck,
1000, Section 140,
of a sketch of the
this
I have a copy
plans made by the applicant concerning
particular property and the individual
location of the proposed apartment. I have
copies of the Suffolk County Tax Map
indicating this and surrounding properties
in the area ... properties, for the record,
on Pike Street in Mattituck, and I do not
have the road frontage figure, but it
approximately 87.5 by 225.22.
there anybody that would like to
be heard?
Mr.
MR.
at this time, seeking
Herbert.
HERBERT: Michael Herbert. I am,
to convert my bed and
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breakfast into a three family home status.
I propose to reside in one of the apart-
ments, and also propose to maintain it in
the extent of the quality I have maintained
my bed and breakfast facility.
One thing I do ask of the Board in
consideration, if my-appeal is granted,
33
least of all, permit me to operate my bed
and breakfast facility throughout this
season, and after the end of this season to
convert the house into a three family.
THE CHAIRMAN: When you refer to
"this season," you are talking about the end
of the summer?
MR. HERBERT: Until Labor day.
THE CHAIRMAN: I will be honest with
you, Michael. We have not had an appli-
cation such as this, which you are aware of,
under the new Master Plan, and we have not
had an application really divesting you as
the person, most importantly, the property
exception of the bed and
It is something that is
to us.
-'of the special
breakfast use.
somewhat new
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apartments;
parking?
MR.
certainly
site plan.
34
Is there anything you would like to
state for the record in reference to the
their size, their location, the
HERBERT: The parking is
ample, as it is proposed on %he
The apartments, there would be
two one-bedroom apartments which woul4 he
more than adequate in size. The apartments
that I would contain would have two bed-
rooms, but all the apartments would be
comfortable in size and nature. I think it
a very positive thing for the
would just be
area.
THE CHAIRMAN: The only thing I
wanted to state for the record is that under
%he sec%ion of %.he code, it only reflects
apartments, as a matter of right, which is a
special exception or a special permit is to
be placed over retail stores, which I think
you are aware of and we had discussed when
you originally filed the application. You
are in a business zone and we are perfectly
aware of that.
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The area of the code that we are
dealing with in this particular application,
an area that concerns the multiple dwelling,
is not necessarily the area that concerns
the nature of the apartments or the retail
stores because considerably we do not have a
retail store here. We have a nonconforming
dwelling, meaning retail dwelling in the
business zone, as well as all of these
dwellings on that one side of the street are
all actually nonconforming. They are retail
only because the uses that are around in
that particular area district, but they are
all basically one family dwellings, are they
not, to my knowledge?
MR. HERBERT: Yes, they are from Ed
home down to Barbara and
David Tuthill's (phonetic spelling) home.
THE CHAIRMAN: I just want to state
that for the record, because we do not hmve
a clear picture at this particular point of
what is permitted and what is not permitted
in that particular zone. We must be
respective of the retail store apartment
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situation, which we refer to as "the old
taxpayer." In other words, we are not
specifically clear in the code and we don't
clearly state that as being the case.
MR. HERBERT: Because the way I am
trying to interpret it with the apartments
that would be considered in conjunction with
the retail stores ... I mean 450 square feet
and parking spaces and the apartmen~ ...
which with regards to the section where it
deals with retail stores and it describes
the layout of the apartments and parking
spaces, I would assume that that would ...
and it also states that there will be no
more than three apartments or three apart-
ments to any single family dwelling. It is
not clear to me really where the problem is,
if that is what it reads.
THE CHAIRMAN: Well, it is the point
of the problem that we have, that if you had
a retail store you would be allowed this as
a matter of right, based upon the divided
footage and we refer to those as standards
in the codes, multiple dwelling is not an
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apartment ... more, a townhouse, not
necessarily construed to be an apartment.
MR. HERBERT: What would a multiple
dwelling be considered?
THE CHAIRMAN: Well, I discussed this
with the Planning Board. They are referring
to multiple dwellings as condominiums or co-
ops, and referring to townhouses as the
same, except the difference between the
townhouse is that we have a two story
structure and that is where basically the
definition comes from.
What I am trying to tell you here is
that it is very difficult for us to deal
with this on this basis, as I mentioned to
you when you originally filed this
application. So let's see what develops,
okay?
Thank you very much.
Anybody else that would like to speak
in favor of this application?
Anybody that would like to speak
against the application?
MR. KEOGH: John Keogh. Our fears
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are not with Mr. Herbert. He is an
excellent neighbor since he has lived next
to us, and his bed and breakfast facility we
have had no problem at all. Our fears are
with the fact of more tenants moving in on a
permanent basis. Plus the fact that in the
event that the apartments are allowed, I am
sure that they would all be there.
We bought our property not on
speculation. We bought it as a home, and
we intend to stay there. We are just
protecting what we think may happen in the
future if Michael decides to move elsewhere
or sell the house. Whoever buys it again
would not convert it back to a single family
dwelling. That is our fear, mostly. Plus
the fact on whatever environmental impact it
would have on having three apartments in-
stead of the one single family house.
Once again I repeat that we have had
no problem at all with the bed and break-
fast. It has been a seasonal thing and
Michael has always kept his property up well
and we have had no problem at all with that.
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Those are our fears. That
only reason we even question it.
to you,
39
is the
THE CHAIRMAN: I just want to mention
and I reiterate or reinforce the
fact that if there was a retail store in-
volved here, as a matter of right under the
special permit, a person is allowed to have
this. They still have to come to this Board
to get the special permit, but because of
the way the code is written and it clearly
states the minimum and maximum footage
requirement for the apartment, he would be
permitted to have that.
In this particular case, it doesn't
clearly state that apartments can be granted
in an area where you have a nonconformity,
and we refer to the nonconformity as a house
that is being ~sed for a residence purpose.
It is a primary purpose of that particular
piece of property right now.
Where in the case of the retail
store, the primary factor is the retail
store. The secondary factor are the apart-
ments, and this is a situation ... and it is
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that.
our fears were.
THE CHAIRMAN:
very much.
Anybody else that would like
concerning this application?
Hearing no further co~uents,
motion closing the hearing, reserving
decision until later.
MR. GRIGONIS: Second.
THE CHAIP~AN: All in favor?
MR. GRIGONIS: Aye.
MR. DOYEN: Aye.
MR. DINIZIO: Aye.
THE CHAIRMAN: Thank you very much
for coming in.
Appeal Number 3918, in behalf of John
and Catherine Simicich. The legal notice
MR. HERBERT: Fine. I understand all
I just wanted'to explain to you what
Wonderful. Thank you
to speak
I make a
definitely going to exist for a very long
period of time in those Hamlet Business
Districts under the new Master Plan. Not
your district, but other districts that have
been placed in this particular area.
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York
11971
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
SCOTI' L. HARRIS
Supervisor
Fax (516) 765-1823
Telephone (516) 765-1800
February 26, 1990
Michael Herbert
Pike Street
Mattituck, New York
11952
RE:
Request for Site Plan Waiver for Conversion of Use of Home
from Bed And Breakfast to Three Family Dwelling
N/S Pike Street, 200 feet W/of Wickham Avenue, Mattituck
SCTM# 1000-140-2-23
Dear Mr. Herbert:
In response to your written request of February 9, 1990,
for a waiver of the site plan requirement, the Planning Board
has inspected the premises.
The site has sufficient existing parking for the proposed
use. No alterations to the premises are proposed other than to
close off sections of the building so that three separate
dwelling units will be created and to add two kitchen areas.
Should the Zoning Board of Appeals grant your request for a
Special Exception to change to this use, the Planning Board will
waive the requirement for a site plan.
Very Truly Yours,
Bennett Orlowski, Jr. /6~
Chairman
cc: Victor Lessard, Principal Building Inspector
Gerard P. Goehringer, Chairman, Zoning Board of Appeals
Appenu.'~. C
Slate Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACT]O .
~P_~ART I~PROJEC-l- INFORMATION (To be coml31eted by A0,~li ........ NS Only
WHAT I$ PRESENT I. AND USE IN VICINITY OF pROJECT~
~-]'Comm erclal
[] Agr*CUllure r~ Patk. IFore:$1/Ooen soaca [] 0 II~e~
GCES ACTIOti li'IVOLVE A PERMIT APPROVAL, OR FUNDING. flow o~1 ULTIMATELy FROM ANY OTHER GOVERNMENTAL AGENCY
STATE OR LOCALI~
J'~ Yes I! )'es. llst agency(s) and permilla~ptOVal$
11.
00ES At,~¥ ASPEC~T CF THE ACTION HAVE A CURRENTLY VALID PERMIT O13 APPROVAL?
oaction is [n'~he Caasfal'-~rea. and you are ,1 state
Coastal /~ssessment Form before "ro~
~ 'u~:umg writ1 this assessment .~_._.J
1
(
(dj' ~n.~v~r~c~ent3!
8. Will project have a major effect on ViSuaL char--- Yes
lO. Will project have a m~jor effect on existinq or ' -
~3. Will project have any impact on public health
r-fo
,/
· !
A
?-0
£
,~ /T ~£'
!:
BOARD OF APPEALS. TOWN OF SOUTHOLD
In the Matter or the Petition of
to the Board of APpeals of the Town of ~th~ld
NOTICE
TO
ADJACENT
PROPERTY OWNER
YOU ARE HEREBY GIVEN NOTICE:
1. That it is the i~i-:,,- nf rh~_~dersi~ned to petition the Board of Appeals of the Town of Southold
tO request a (;~ll~j_C.~.Jal ExceptiorllJ>(Sill~llCP~'l~lit) (~el~) [circle choice]
2. That the property wl~i~_h is the subject of .~etitio~ is located adjacent to your property and is des-
cribed as follows:
3. That the proper~ which is the s, MJ~t o~f such Petition is located in the following zoning district:
4. That by such Petition, the undersigned will request the following relief: ,A
5. That the provisio~p~ of the Southold Town Zonir~ir~ Code~applicab~eCode applicab · to the relief sought by the under-
signed are Article ~ Sectic~ ~
[ ] S~ct~on 280-A, New York To~m Law for' approval of access ove~ r~ght(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 Y0~k and */~i~y~ll~h:ktld3r~Yt~
examine the same during regular office hours. (516) 765-1809. . ~ .:~.'*-~ tU~ ~-~) *' ~ .~ ~ ~
7. That he, fore the r~4.~ef ~oug'h~ may be granted, a public hearing must be hep~d o~.the matter by the
Petitio~ ~~
P~t ~fice ~~ ) ~ '
Tel.
[Copy of sketch or plan showing proposal to'be attached for convenience
purposes.]
PROOF OF MAILING OF NOTI~'F
'ATTACH CERTIFIED MAIL RECEIPTS
Strum No. :~ ; ~ F ~
Ce.ifie~ Fee ~r
COUNTYOF SUFFOLK) ss.: .~'L;J:-''~:'' ' ,~;.; ~,~,r' ?
ve~ side hereof, di~:ted to each of the above-named Isersoos at
names; that the addresses set opposite the names of said persons are the addresses of ~id persons a~st~wn on
the current a~.essment roll of the Town of Southold that said Notices were m~iled,at.-the United,.~t!~L~
rice at ,/¥L~r~t(.c~ ; that said Notices Wer-~',m~iilei:l to eadfi 'otCs~iif per~,~ns by
(certified) (re~stered)m~ai!.: . . // /
Notary Public
(This side does not have to be completed on form transmitted to adjoining
property owners.)
BOARD OF APPEALS. TOWN OF SOUTHOLD
In the Matter OT the Petition of
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 ~rsigned to petition the Board of Appeals of the Town of Somhold
to request a (Variance)(~Special Permit) (Other) [circle choice]
).
2. That the property whi__ch/i.~ ~.h_he ~a~ject of_the Petition is located adjacent to your Property and is des-
cribed as follows: --/:,'Z.~j G/--~/~.~-- ,~'~Te:~,~ ./~.~.. ,,~ .,~.' .//~6~.~-2_~
3. That the property which is the s,u, biect ?,_~_P?ifioA is located in the following zoning district:
4. That by such Pelition, the undersigned will request the following relief:
That the provisij~s of the Southold Town Z to the rtqief sought by the under-
signed are
[ '1 Section 280 R, New Yo~k Town Law for app~*oval of access over right(s)-of-way.
6. That within five days from the date hereof, a written Petition requestir~ the relief specified above will
be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and youCmay~n Iod:tt~re~
examine the same during regula~ office hours. (516) 765-1809.
7. That before the relief sought may be granted, a public hearing must be held on the matter by the
- ~Boa~d of Apes; tha~4 ,ac~k.e e~r:~hoar~ng m~mtq~l~atloa~t~i~e day~.W'ior
0wne~s'Names: '
P~t ~'
[Copy of sketch or plan showing proposal to be att,~me~,~e~l~nience
put'poses. ]
AT~AC~S
P 490 835 210
SS.:
COUNTY OF SUFFOLK ) .,.;,. ~),tio , .~,,~.~ --'
~ side h~reof, d~t~d to each Of the abov~na~ ~ons at t~a~ ~tl~L~~~ ~.
name; that th~ addr~s~ ~t opp~itt the names of .id ~rsons are tht addr~ of ~id ~.om It ~wn ~n
th~ cu~nt ~sm~nt r~l of th~ Town of Southold; that .id Notic~ were ~.a~t~ United ~. ~-
rice at ~~ ; that Mid Notic~ ~Fe maile'd tYea~h~of uid ~sons by
(certi£led~'('~e~istere~ mail.
. ~Swomta~foreme this
No~ry Public
(This side does not have to be completed on form transmitted to adjoining
property owners.)