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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 ~ Lf .~PE OF BUILDING - ~ND ' IMP. TOTAL DATE R~RKS ~- ~ ,.,_~./ ~. ' z ' ' ~ L 77~o - ~.~/,~///>~) -~*~ ,,. - ~. ~.~,' AGE BUILDING CONDITION ~ NO~ nKl OW ABOVE , ~ Acre Volue Per Value ~m ~bl/ FR~TAGE ON WA~R . ~ - .,_~ FR~A~ ON RO~ ~ ~. C .- -' ~d~ DE~H 2 t ~ ~se Pl~ BULKH~D roi D~K COLOR M. Bldg. Extension Extension Extension lreezeway / ,' ;~' ~.,. Foundation ,.. R~,,,ei~' Ext. Walls Fire Place Type Roof Recreation Room Dormer Bath ........ ...... -~,_. '~ ' Dinette Floors .... In~'~rfor Finish ,...: Heat Rooms 1st Floc~r R°oms 2~d FIo~r "BR: FIN. B ,/ / / / 7_. A~V~ v ~A GREAT LEoONI '~ ./ 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 1 5 6 7 8 9 10 11 12 13 14 15 16 "17 18 19 20 21 22 23 24 25 this and see. THE CHAIRMAN: minutes. Anybody else 31 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. 1 2 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 32 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 1 6 7 8 9 10 11 12 13 14 15 16 17 19 20 21 22 23 24 25 33 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. 2 3 4 5 6 7 8 9 10 ~2 13 14 15 16 17 18 19 20 23 22 23 24 25 34 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 35 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 36 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 37 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 38 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 39 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 '1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 40 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 ! 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 31 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. 1 2 3 4 5 6 7 8 9 10 12 13 14 ;5 16 17 18 19 20 21 22 23 24 25 (- 32 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 1 5 6 7 8 9 30 11 12 13 14 15 37 19 2O 21 22 23 24 25 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 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 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. ! 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 35 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 2 3 4 5 6 7 8 9 ~0 '11 12 13 14 16 17 18 19 2O 21 23 24 25 36 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 1 4 5 6 7 8 9 10 1! 12 13 14 ~5 16 17 18 19 20 21 22 23 24 25 37 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 2 4 6 7 9 10 11 12 13 14 ~5 16 17 19 2O 21 22 23 24 25 38 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. 1 3 4 § 6 7 9 10 11 12 13 14 ~5 ~6 17 18 19 2O 21 22 23 24 25 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 1 2 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 40 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.)