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HomeMy WebLinkAbout3762 APPEALS BOARD MEMBERS GERARD P. GOERRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE OOYEN, JR, JOSEPH H. SAWICKI JAMES DINIZIO, JR. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 c:OUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765 1809 ACTION OF THE BOARD OF APPEALS Application of ROBERT AND DIANNA BAKER for a Special Exception to the Zoning Ordinance, Article III, Section 100-30B(16) for permission to establish Bed and Breakfast establishment in an existing dwelling, at premises known as 2900 Boisseau Avenue, $outhold, NY; County Tax Map Parcel No. 1000-55-6-9. WHEREAS, public hearings were held on October 6, 1988, and October 26, 1988, in the Matter of ROBERT AND DIANNA BAKER under Application No. 3762; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WJEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. By this application, applicants request a Special Exception for a "Bed and Breakfast" establishment, accessory to their residence and occupancy, for the rental of three bedrooms for lodging and serving of breakfast to not more than five casual and transient roomers, which will be incidental and subordinate to the principal single-family dwelling use of the existing dwelling as provided for by Article III, Section 100-30B(16) of the Zoning Code. 2. The premises in question is located along the east side of Boisseau Avenue in the Hamlet of Southold, Town of Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 55, Block 6, Lot 9. Page 2 - Appl. No. 3762 ~att~r of ROBERT G. AND DIANNA BAKER Decision Rendered November 16, 1988 3. The subject premises is improved with a principal dwelling structure and accessory frame garage/storage building, located in the rearyard area, as more particularly shown on the sketch prepared by Robert G. Baker and copy of survey dated February 28, 1986 prepared for Steve Moraitis, the previous owner. 4. This property is presently located in the "A" Residential and Agricultural Zoning District, has an area of approximately 27,000 sq. ft., and the only principal use permitted at this time is for single-family dwelling use. 5. Certificates of Occupancy submitted for the record are: No. Z3473 dated May 9, 1969, for a private one-family dwelling and No. Z14310 dated March 24, 1986 for a deck addition. 6. The parking area is shown proposed along the northerly area of the dwelling close to the existing frame garage in the rearyard area (see sketch, page 1, prepared by Robert G. Baker). In considering this application, the Board also finds and determines: (1) the proposed accessory use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts; (2) the use will not adversely affect the safety, welfare, comfort, convenience, or order of the Town; (3) the use is in harmony with and will promote the general purposes and intent of zoning. The Board has also considered subsections (a) through (1) of Article XII, Section 100-121(C){2} of the Zoning Code. Accordingly, on motion by Mr. Doyen, seconded by Mr. Sawicki, it was RESOLVED, to GRANT a Special Exception for a Bed and Breakfast in accordance with the requirements of Article III, Section 100-30B(16) of the Zoning Code as applied in the Matter of the Application of ROBERT G. AND DIANNA BAKER under Application No. 3762, SUBJECT TO THE FOLLOWING CONDITIONS: 1. Minimum of three parking spaces at the rear of driveway circle, towards the rear of dwelling (near the garage entrance area); 2. No selling of retail goods; 3. Owner-occupancy (owner must occupy same as his/her residence). Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Sawicki and Dinizio. (Absent was: Member Grigonis {out of state}). This resolution was duly adopted. GERARD P. GOEHRINGER, CI~AIRMAN RECEIVED AND FILED BY TIlE SOUTIt©LD TOl¥i~ C~:ii~ DAT~. ~/~/~f ~ ~OUn / ~ :,o ~. ,~ Town Clerk, Town of Southold APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICK[ James Dinizio, Jr. Southold Town Board of Appeals MAIN ROAD- -¢ITATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following 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 WEDNESDAY, OCTOBER 26, 1988 at the following times: 7:30 p.m. Appl. No. 3773 - GRETCHEN K. HEIGL. Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to connect deck to porch, leaving an insufficient setback from the south(westerly) property line. Location of Property: Private Right-of-Way extending off the North Side of Soundview Avenue, Southold, NY; County Tax Map District 1000, Section 68, Block 1, northerly part of Lot 14 (now 14.1). 7:40 p.m. Appl. No. 3784 - JAMES YOUNG. Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition to dwelling with insufficient front yard Z.B.Ao Legal Notice -2- October 2r 1988 Hearings setbacks Location of Property: Waters," Southold, NY; Block 3, Lot 8. from the westerly and southerly property lines. NE/s Minnehaha Boulevard at "Laughing County Tax Map District 1000, Section 87, 7:45 p.m. Appl. No. 3772 - JOHN G. PHILIPPIDES. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to construct deck addition at rear of existing dwelling with an insufficient setback from existing bulkhead. Location of Property: South Side of Old Cove Road, Southold, NY;~ County Tax Map District 1000, Section 52, Block 2, Lot 10.1. 7:50 p.m. Appl. No. 3785SE - RAYMOND NINE and CHARLES ZAHRA. Special Exception to the Zoning Ordinance, Article III, Section 100-30B{16} for permission to establish "Bed abd Breakfast Use," "an owner-occupied building, other than a hotel, where lodging and breakfast is provided for not more than six casual, transient roomers, and renting of not more than three rooms. Location of Property: North Side of New Suffolk Avenue, Mattituck, NY; County Tax Map District 1000, Section 114, Block 11, Lot 20. 7:55 p.m. Appl. No. 3777 - CARL J. AND RUTH V. NELSON. Variances to the Zoning Ordinance, Article III, Sections 100-31 and 100-32, and Article XI, Section 100-119.1 for permission to construct tennis court with 10-ft. high fencing in the frontyard area and total lot coverage in excess of the maximum-permitted 20 Z.B.A. Legal Notice < ~ -3- October i 1988 Hearings percent. Location of Property: 1060 Moore's Lane, NY; Eastern Shores Subdivision, Section 3, Lot 99; Map District 1000, SectiOn 33, Block 2, Lot 43. Greenport, County Tax 8:05 p.m. AppI. No. 3786 - MARION SACCONE. Variance to the Zoning Ordinance, Article III, Section 100-30, for permission to replace nonconforming trailer with new single-familydwelling, in addition to the established dwelling structures and uses. Location of Property: 66075 C.R. 48, Greenport, NY; County Tax Map District 1000, Section 40, Block 2, Lot 7.  8:10 p.m. Appl. No. 3762~- ROBERT G. AND DIANNA BAKER. Bed ~ ~0~t~~~u6~v~i.S°uth°td; 8:15 p.m. JOSEPH A. STOCKEN/M & N AUTO, INC. Location of Property: South Side of Front Street (Route 25), Greenport, NY; County Tax Map District 1000, Section 45, Block 6, Lot 5: Appl. No. 3783SE - Special Exception to the Zoning Ordinance, Article VIII, Section 100-80 for expansion of the present property by the addition of a new building to be utilized for the existing automobile service station and public garage, in addition to the continued sales of gasoline and proposed retail (grocery) store uses, all as shown on the August 4, 1988 Site Plan. · Z.B.A. Legal Notice ~-'~ -4- October ~ 1988 Hearings AppI. No. 3782 - Variance to the Zoning Ordinance, Article VIII, Section 100-80 for permission to convert existing building to retail (grocery) store, which is not listed as a permitted use in this "C-Light Industrial" Zone District, in addition to the existing sales use (cf gasoline and diesel) and proposed new building for automobile servicing. 8:30 p.m. Appl. No. 3708 - DAVID WALKER/TURTLE ASSOCIATES. Variances to the Zoning Ordinance, Article III, Section 100-31, for approval of parcel as exists with insufficient lot area and width and more particularly described in Deed at Liber 8721 page 433 dated October 25, 1979, having been set-off without Planning Board approval. Location of Property: 1300 Marratooka Lane, Mattituck, NY; County Tax Map District 1000, Section 115, Block 3, Lot 18o3 (previously part of 18.2). 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 Z.B.A. Legal Notice -5- October ~ ~ 1988 Hearings prior to the conclusion of the subject hearing. Each hearing will not start before the time allotted. For more information, please call 765-1809. Dated: October 6, 1988. BY ORDER OFT HE SOUTHOLDTOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN By Linda Kowalski Notice to Newspapers: Please publish the above Legal Notice once, to wit, Thursday, October 20, 1988 and forward one Affidavit of Publication to: Board of Appeals, Main Road, Southold, NY 11971. Thank you. APPEALS BOARD MEMBERS GERARD P. GOEHRINGER. CHAIRMAN CHARLES GRIGONIS. JR. SERGE DOYEN. JR. JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE [516) 765-1809 NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following 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, OCTOBER 6, 1988 at the following times: 7:35 p.m. Appl. No. 3765 - JOSEPH SPITALIERE for a Variance to the Zoning Ordinance, Article III, Section 100-31 for the placement of a new dwelling structure with a reduced setback from the front property line. Location of Property: Right-of-way located along the east side of Cedar Beach Drive, Southold, (just south of General Wayne Inn) and extending in an easterly and thence southerly direction to this parcel identified on the Suffolk County Tax Maps as 1000-90-4-14. 7:40 p.m. Appl. No. 3768 FRANK AND SANDRA CURRAN for a Variance to the Zoning Ordinance, Article III, Section 100-31 for construction of a pool with deck and fence enclosure with an insufficient frontyard setback and excessive lot coverage (over Page 2 - Notice of Hearings - Regular Meeting of October 6, 1988 Southold Town Board of Appeals 20 percent), at premises known as 780 Ha~waters Road, Cutchogue, NY; County Tax Map Parcel No. 1000-111-01-016. 7:45 p.m. Appl. No. 3763 - JOHN J. JESSUP for a Variance to the Zoning Ordinance, Article III, Section 100-31 for construction of an addition at the westerly side of the existing dwelling with a reduction in the total known as 90 East Road, Cutchogue, NY; 1000-110-7-15. sideyards, at premises County Tax Map Parcel No. 7:50 p.m. Appl. No. 3759 - TONY SCARMATO~ INC. for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for approval of gazebo structure with an insufficient setback from an existing bulkhead along Peconic Bay, at premises known as 235 Huckelberry Mill Road, East Marion, NY; County Tax Map Parcel No. 1000-31-16-9. 7:55 p.m. Appl. No. 3755SE - TIMOTHY COFFEY AND THE COVE AT SOUTHOLDr INC. Special Exception to the Zoning Ordinance, Article III, Section 100-30C, for permission to erect Page 3 - Notice of Hearings Regular Meeting of October 6, 1988 Southold Town Board of Appeals off-premises sign. Location of Property: South Side of Main Road, Southold, NY; County Tax Map Parcel No. 1000-75-06-7.3. (Recessed from Prior Meeting). 8:00 p.m. Appl. No. 3758 - THEODORE KUDLINSKI, JR. Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct open deck addition with an insufficient rearyard setback from existing dwelling, at premises known as 605 Highwood Road, "Highwood at Bayview" Subdivision Lot No. 8, Southold, NY; County Tax Map Parcel No. 1000-78-9-50. 8:05 p.m. ELSIE D. YOUNG. Appl. No. 3760SE - Special Exception to the Zoning Ordinance for permission to establish Accessory Apartment in an existing dwelling structure in accordance with the requirements of Article III, Section 100-30B, subsection 15. Location of Property: 480 Grissom Lane, Southold, NY; County Tax Map Parcel No. 1000-78-1-10.3. Appl. No. 3761-V - Variance to the Zoning Page 4 - Notice of Hearings Regular Meeting of October 6, 1988 Southold Town Board of Appeals Ordinance, Article III, Section 100-30B(15){M} to allow conversion of dwelling for Accessory Apartment with Certificate of Occupancy dated after January 1, 1984, although Affidavit of Building Inspector indicates dwelling met the requirements for a Certificate of Occupancy had application been made in a timely fashion. Location of Property: 480 Grissom Lane, Southold, NY; County Tax Map Parcel No. 1000-78-01-10.3. 8:15 p.m. JOHN T. BEEBE - Variances to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient area and width of two propDsed parcels in this proposed set-off division of land, located along Beebe Drive, Cutchogue, NY; County Tax Map Parcel No. 1000-103-3-part of Lot 5. he Zoning Ordinance, Article III, Section 100-30B[16) for permission to establish Bed and Breakfast establishment in an existing dwelling, at premises known as 2900 Boisseau Avenue, Southold, NY; County Tax Map Parcel No. 1000-55-6-9. ~ Page 5 - Notice of Hearings Regular Meeting of October 6~ 1988 Southo!d Town Board of Appeals 8:30 p.m. Appl. No. 3779 - PETER AND DESPIN~ MARKOPOU~OS for a Variance to the Zoning Ordinance, Article III, Section 100-31 and prior Appeal No. ~623 rendered May 11, 1987 for approval of structure(s) wit~ reduced sideyards, at premises known as Lot 916, Captain Kidd Estates, along the south side of Sound Beach Drive, Mattituck, NY; County Tax Map Parcel No. 1000-99-1-24. 8:40 p.m. Appl. No. 3799SE - CUTC_HOG_U~ F_ARMS_L__~ (a/k/a GRISTINA VINEYARDS). Special Exception to the Zoning Ordinance, Article III, Section 100-30B for permission to establish Winery, at premises located along the north sid~ of the Main Road, Cutchogue, NY; County Tax Map Parcel No. 1000-109-01-13. 8:50 p.m. Appl. No. 37~4 - DENIS_ O'BRIEN for Variances to the Zoning Ordinance, Articl~ III, Section 100-31 and Article XI, Section 100-119.1 for permission! to erect tennis court with 10-ft. high fencing and gazebo structure in an area other than the required rearyard, at premises identified on the Suffolk County Tax Maps as District 1000, Section 3, Block 3, Lot 3.5, along Private Road, Fishers Island, NY. Page 6 - Notice of Hearings Regular Meeting of October 6, 1988 Southold Town Board of Appeals 8:55 p.m. Appl. No. 3778 - BRETT AND JANET KEHL- Variance to the Zoning Ordinance, Article III, Section 100-32 and removal of Conditions rendered under Appeal No. 3641 on June 18, 1987 in order to allow conversion of the subject building as livable area in proposed reconstruction plan of dwelling, at premises known as 5500 Main Bayview Road, Southold, NY; County Tax Map Parcel ID No. 1000-78-4-32. 9:05 p.m. Appl. No. 3774SE - H & S ASSOCIATES Special Exception to the Zoning Code, Article VII, Section 100-7QB for permission to construct addition to existing building, (maintaining the westerly yard setback)~for use partly for sales of auto parts, added storage, and engine-rebuilding shop, at premises located along the north side of the Main Road, Cutchogue, NY; County Tax Map Parcel No. 1000-102-2-24. 9:15 p.m. Appl. No. 3776 - HOWARD AND MARGARET BRODIS. Special Exception to the Zoning Ordinance, Article III, Section 100-30B(15) for permission to establish Accessory Apartment in a proposed addition to existing dwelling, at premises known as 435 Eastward Ct., Mattituck, NY; County Tax Map Parcel No. 1000-115-7-9. Page 7 - Notice of Hearings Regular Meeting of October 6, 1988 Southold Town Board of Appeals 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 For more information, will not start before the time allotted. please call 765-1809. Dated: September 16, 1988. BY ORDER OF THE SOUTHOL~TOWN ~ BOARD OF APPEALS GERARD P. GOEHRINGER, C2{AIRMAN By Linda Kowalski Notice to Newspapers: Please publish the above Legal Notice once, to wit, Thursday, September 29, 1988 and forward 1t Affidavits of Publication to: Board of Appeals, Main Road, Southold, NY 11971. '~OWN OF SOUTHOLD, NEW YORK APPLICATION FOR SPECIAL EXCEPTION Application No. ~ 7~ Date Filed: TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: (Residence, House NO. an~J Street) (Hamlet, State, Zip Cod6, Telephone Nu~66~) hereby apply [o THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPT[ON in accordance with the ZONING ORDINANCE, ARTICLE for the below-described property for the following uses and purposes (and as shown on the attached plan drawn to scale) A. Statement of Ownership and Intewest. property known and referred to as is(are) theoowner(s)~of (House No., Street, ~mlet) '-'/ " identified on the Suffolk County Tax Maps as District 1000, Sectio~ 0~, Block ~ , Lot(s) 0~77 , which is not (is) on a subdivisicn Map (Filed ~ ' , "Map of ~ "Filed Mao No. and has been approved by the Southold Town Planning Board on as a [Minor] [Major] Subdivision)~ 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 following reasons: C. 7he property which is the subject of this application is [~ ~$,c~' i-~en~' with the ~se(s) described in the Certificate of Occupancy being furnished herewith. [ ] is not consistent with the Certificate of Occupancy being furnished herewith for the following reason(s): [ ] is vacant land. COUNTY OF SUFFOLK) STATE OF NEW YORK5 ss.: Sworn to before me this=W~¥~ day of ZB2 (rev. 2/6/86) STREET _ , V LLAGE D ' , I IST. SUB, ...zURMER OWNER ,. N - "';.~.~' ' E · · · ". ' ACR':'- "':"~ ~ z~ ~./' '~/ W . ~ND IMP. TOTAL DATE : REMARKS G , BUILDING CONDITION ~ NORMAL BELOW ABOVE FARM Acre Value Per , Ve ue : : :" :::' : ' - Acre ' . T abe : ' F : - . , ~ONTAGE ON WATER Woodland ', :, _ ' ' ~ ' ' '/ FRONTAGE ON ROAD Meadowland' ": ' " DEPTH .H°use Plot ' BULKHEAD . Total ~ ~ ~ ~ ~ K DOC COLOR TRiM M, Bldg. Extension Extension Extension Porch Porch Breezeway Garage Patio O.B. Total Foundation Fire Place Rc~'creation Bath Floors.- Interior Finish Rooms 1st Floor Rooms 2nd Floor Drivewa, hi Z now or formerly Donald E. Tuthill ~1.88°57~50"E. now or formerly Robert p Goldsmith SURVEY FOR STEVE MORAITIS AT SOUTHOLD TO~NOFSOUTHOLD SUFFOLK COUNTY, NEW YORK TRANSCRIPT OF PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS OCTOBER 26~ 1988 REGULAR MEETING Appl. No. 3762 - ROBERT G. AND DIANNA BAKER. Special Exception to the Zoning Ordinance, Article III, Section 100-30Bt16) for permission to establish Bed and Breakfast establishment in an existing dwelling. Location of Property: 2900 Boisseau Avenue, Southold, NY; County Tax Map District 1000, Section 55, Block 6, Lot 9. Present were: Chairman Gerard P. Goehringer; Charles Grigonis, Jr.; and James Dinizio, Jr., constituting a quorum of the five-member Board. (Absent were: Serge Doyen due to serious family illness, and Joseph H. Sawicki.) Also present were: Linda Kowalski, Board Secretary, and approximately 40 persons in the audience at the beginning of the meeting. The Hearing was reconvened at 8:32 p.m. and the Chairman read the Legal Notice of Hearing for the record. WILLIAM D. MOORE, ESQ.: Good evening. William Moore with Offices at Suite 3, Clause Commons, Main Road, Mattituck. I thank the Board for opening and quickly (recessing) the hearing the last time around to get an opportunity to get involved in this matter in behalf of Mr. and Mrs. Baker. I do appreciate that consideration. As you're well aware, we're here to seek your permission, of a Special Exception to permit a Bed and Breakfast operation in their residence located at 2900 Boisseau Avenue, Boisseau heading north--it's on the right hand side--just before you get to the curve in the road. We will, of course, if granted approval, comply with the requirements of the Code, which requires renting of not more than three rooms, that the house be owner-occupied, at no time we have more than six transient or casual guests, that we maintain this as an incidental and secondary use to the primary use, which is in fact a single-family residence. They would provide adequate off-street parking, and finally that we provide and have no accessory apartment. Obviously, we must comply with each and every one of those requirements of the Code, and if granted we will of course do so. As you consider the Special Exception use, the Code sets forth Page 2 - Transcript of Hearing Southold Town Board of Appeals Regular Meeting of October 26, 1988 (Appl. No. 3762 - BAKER hearing, continued:) MR. MOORE, continued: an entire laundry list, if you will, of things you have to consider prior to granting the Special Exception use. Now among the things that you should consider or must consider before granting such a use is whether or not the proposed use will affect the orderly use of surrounding properties. And I suggest the use does not -- I had Mr. and Mrs. Baker illicit from their neighbors on Boisseau and Yennecott a series of letters. They prepared a form letter signed by 16 individuals, various property owners, supporting this particular application. I'd like to give you these letters at this time. CHAIRMAN: Thank you. (Received letters for the file.) MR. MOORE: When you have a neighborhood's support for a proposed use like this, I think it makes the Board's job an awful lot easier because many of the things you've got to consider is how this proposed use will impact upon a neighborhood. With support like that, I think many of those concerns can be alleviated. To that extent, you've got to look at the existing character and surrounding uses of the property. Again, this is a single-family residential area. This happens to be on a very well traveled road. I noticed that the speed limit on Boisseau is 40 miles an hour on other north-south roads in Southold it's 30 mph. I think it's recognized that this is a rather well-traveled road. The reason I bring that up is the increased number of cars from this use will not dramatically impact an already well-traveled road. Similarly, the use will not affect or be an impact such as it might on a secondary street in a quieter residential area. I think that's important to consider byway of traffic, parking cars, and movement along the property. Some of the things the Code requires you to consider by way of a Special Exception use is whether or not we are going to conserve property values and whether this is an appropriate use of land. Again I think by bringing the letters of neighbors, they have not said, by granting their support to this, that their property values will be negatively impacted by this proposed use. I think that support goes to that as well. We are and will be served by the Greenport Water Supply System, so the availability of water should not raise question or concern. Other considerations that don't even apply in this case or whether or not this proposed use would somehow create gasses, odors, noise, light, emissions of those types of noises and those things would not, of course, apply in this case. Nor would we disturb any Town facilities, existing or proposed. They don't exist in this particular case. Page 3 - Transcript of Hearing Southold Town Board of Appeals Regular Meeting of October 26, 1988 (Appl. No. 3762 - BAKER hearing, continued:) MR. MOORE, continued: As you can tell, I'm just working my way down that list of considerations in the Special Exception area that you must consider before you grant such use from you apply to do so. Adequate off-street parking. CHAIRM3%N: Good point. MR. MOORE: Yes. And that's the most important discussion here. We'e got a couple of proposals, and I've spoken to the Bakers and they really would leave it to your discretion. They had considered as one alternative, a circular driveway in the front yard. As an alternative, they have a grassy area to the side of the driveway that could easily accoK~odate the three cars. In addition to the driveway, they can park their two cars back there. ( ) to the Board on that one, we've thought of two ways we would be more than happy to accommodate your preference on that one. I explained to them that if we do, or you prefer the grassy area that you would probably request and require, there be some type of screening along the property line, and if that takes away the trees or shrubs of some sort, that may be able to be done, or it would be done. CHAIRMAN: My particular opinion on that is that I kind of like to superimposed flag-lot effect, ok, and the only problem I have with that is I did notice there's some really nice trees on their property so they might want to sketch where the trees are before our November 16th Special Meeting so that we don't have to see any destruction of any trees or anything of that nature. MR. MOORE: The superimposed flag-lot thing with the parking at the rear of the house? CHAIRMAN: Well, no, parallel to the house. MR. MOORE: Can I see your drawing there? CHAIRMAN: Sure. Page 4 - Transcript of Hearing Southold Town Board of Appeals Regular Meeting of October 26, 1988 (Appl. No. 3762 - BAKER hearing, continued:) CHAIRMAN: Basically in this area, coming over like that. MR. MOORE: But to take effect of the trees. CHAIRMAN: Yes, please tell us where the trees are. MR. MOORE: Ok. Thank you. The only other considerations are whether or not this proposed use are going to create some kind of a hazard to life, limb or property, and the use, if it would somehow impact or may affect the ability of an emergency vehicle to access the property, we're talking more of a slight variation to the use of an existing structure to the extent that vehicles can presently service it for emeregency purposes--that will not change. Finally, looking at overcrowding of land or undue concentration of the population. The pieces of property in this area run from approximately 10,000 to 22,000 sq. ft. in size with the exception of the 37-acre piece that runs behind that area. This parcel is more than half acre in size. Among all the other parcels in this specific area, it is one of the larger ones and the biggest concern, I believe, for the Board is the adequate provision for parking, and I think we've addressed that concern so that -- as far as numbers of people that will be coming here-- I think we've already kind of dictated in our Code that six is the number that we find acceptable by way of a policy decision. We don't want to have more than six, and of course, that's the limitation we've put upon it--to insure that we don't have that overcrowding. The final considerationd doesn't even apply. Are we unreasonably close to a school, church, or area of public assembly, and that criteria really wouldn't apply in considering this property, and besides the answer on that one is no. We have a well-traveled road. The development of retail on the North Road has increased, I believe, the traffic up and down there, so that the cars that will frequent, hopefully a successful Bed and Breakfast will not negatively impact an existing situation. If you have any questions, I'd be happy to address them. Page 5 - Transcript of Hearing Southold Town Board of Appeals Regular Meeting of October 26, 1988 (Appl. No. 3762 - BAKER hearing, continued:) CHAIRMAN: No. That's basically the issue. The parking. MR. MOORE: Parking. Very well. Thank you. CHAIRMAIq: Thank you. of this application? application? Is there anybody else to speak in favor Anybody like to speak against the LORNA TUTHILL: To Members of the Board and Staff. I'm Lorna Tuthill, resident-owner of the property adjacent to and north of the Baker property. My husband and I were not home on the afternoon that the Bakers solicited the letters that were presented to you, so one of ours is not included in there. I do not object to the concept of a Bed and Breakfast establishment. I'm pleased that our Town has written a code that permits this kind of use for the some of the large old houses in our town, and gives young families a means of coping with real estate and cost of living hardships that this community puts on them. I have many pleasant memories of Bed and Breakfast experiences in my youth, and from travels with my husband when I've stayed in this type of a facility. I've no objection to an attractive well-run Bed and Breakfast that meets the local requirements and continues to pass its inspection and which draws friendly, courteous people to the neighborhood. I have no opposition to such a place next door to me. I do have some apprehension and anxiety, however, because of the fact that starting nearly a year ago and continuing up until just recently, if I tried to call these neighbors on the phone, I always received the following recording: "2900 - Dutchess Chateau Bed and Breakfast. Home of the clever hawks. Antiques and collectibles, nostalgia gifts, specializing in fox-hunting memorabilia and depression-era glass. Please leave your name and number and a brief explanation of who and why you are calling and have a lovely day." End of quote. During this same period and for months after we had discussed with them the fact that ours is a residential neighborhood, and retail businesses are not permitted, signs reading "antiques and gifts" remained at the front door. I realize this is an issue aside from the Bed and Breakfast request, but inasmuch as their phone number is listed under The Clever Fox, and we are aware of their original desire to make this a place for retail business as well, I want it understood that my voice of approval is limited to a complying Bed and Breakfast and that alone. Page 6 - Transcript of Hearing Southold Town Board of Appeals Regular Meeting of October 26, 1988 (Appl. No. 3762 - BAKER hearing, continued: CHAIRMAN: Thank you, Mrs. Tuthill. DONALD TUTHILL: I'm Donald Tuthill and I live with my wife in the house to the north of the Bakers. As far as a Bed and Breakfast goes, I have no opposition to it. I do not foresee that parking will be any problem to us. Basically the original homes, the Baker home, our own and some others are the old homes in the vicinity. As you know, most of the old farm homes do not have circular drives in front. They almost all had their circular drives in their backyard. And this, the Baker home has the same. And I would myself, I feel a circular drive, put in the front would not be fitting this old-type home. We have enough trees for our protection. I don't feel that's -- the only thing I will bring up is the fact that it's made a hard situation between our neighbors is the fact that first they assume that they didn't have to pay attention to local laws. I hope this lesson's been learned and that they will cooperate with this legally. In that case, I have no objection to having a Bed and Breakfast, and I don't feel, to us, that the parking would be any problem. CHAIRMAN: Thank you, Sir. Mr. Moore. MR. MOORE: I will make one very quick response, and that is I thank him for the kind words for the Bed and Breakfast, and I assume them it will be run in the best possible manner, in the best financial interest in Mr. and Mrs. Baker. I had an original conversation with the Bakers about the fact, "Well we have a very nice rural town out here." We do in fact have a zoning ordinance. And a lot of uses they had hoped to put their property, and they presumed they could put their property--could not be done. Especially the retail uses in a retail area. And I was advised that many of the things were done by way of advertisement and that they had not gotten into a full-blown retail use there actually. They made it very clear they live in a residential area, they will do the Bed and Breakfast, and they will comply with the Zoning Ordinance, which in fact exists out here. So, to that extent, we hope you can we allay your fears and thank you for the kind comments about Bed and Breakfasts, generally. Page 7 - Transcript of Hearing Southold Town Board of Appeals Regular Meeting of October 26, 1988 (Appl. No. 3762 - BAKER hearing, continued:) CHAIRMAN: Thank you, Mr. Moore. Is there anybody else that would like to speak? (None) Hearing no further cor~ents, I'll make a motion closing the hearing and reserving decision until later. On Motion made by Mr. Goehringer, seconded by Mr. Grigonis, and duly carried, the hearing was declared concluded (closed), pending deliberations and decision at a later time. Respectfully submitted, Linda F. Kowalski, Secretary Southold Town Board of Appeals DEPARTMENT OF PLANNING COUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE 360-5206 LEE E. KOPPELMAN DIRECTOR OF PLANNING De~ember 12, 1988 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 Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) ~oSie D. Young bert & Dianna Baker Gretchen K. Heigel James Young 3760 3762 3773 3784 Very truly yours, Lee E. Koppelman Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 ' SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH R. SAWlCKI James Dinizio, Jr. Pursuant Board the to Article XIII of the Suffolk County Charter, the of Appeals of the Town of Southold, New York, hereby refers following to the Suffolk County Planning Commission: Variance from the Zoning Code, Article , Section Variance from Determination of South61d Town Building Inspector Special Exception, ArticleZII , SectionZOO-3OB(16) XX Special Permit Appeal No.: 3762 Applicant: Robert and Dianna Baker Location of Affected Land:2900 Boisseau Ave., Southold, County Tax Map Item No.: 1000-55-6-9 Within 500 feet of: Town or Village Boundary Line NY Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Boundary of Existing or Proposed County, Boundary of Existing or Proposed County, Other Recreation Area Thruway State or Federally Owned State or Federal Park or Land Existing or Proposed Right-of Way of ADy Stream or Drainage Owned by the County or for Which The County Has Established Lines, or Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. COMMENTS: Applicant is requesting permission tOestab ' nd Breakfast establishment in an e~istin~ dwelling Channel Channel Copies of Town file and related documents enclosed for your review. Dated: Decer~er 6, 1988 APPEALS BOARO MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. Southold Town Board o£ Appeals MAIN RDAD- STATE RDAD 25 SDUTHDLD, L.I., N.Y. 1~9'7~ TELEPHONE (516) 765-1809 December 2, 1988 William D. Moore, Esq. Moore & Moore Clause Commons, Suite 3 Mattituck, NY 11952 Re: Appeal No. 3762 - Robert G. and Dianna Baker Dear Bill: Transmitted herewith for your file and perusal is a copy of the determination rendered by the Board of Appeals recently concerning the above application. Please be sure to return to the Building Department for issuance of additional documents which may be necessary. A copy of this decision has also been furnished to the Building Department Office to update their files. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Enclosure Copy of Decision to: Office of the Building Inspectors Suffolk County Department of Planning now or formerly Donald E. Tuthill W Ld U~ N.88os?':50"E. 200.41' now or formerly Robert p Goldsmith NOTES; · · MONUMENT AREA, 27087 SUFFOLK CO. TAX MAP I am Lorna Tuthill, resident ~wnsr~ t~e,Dr~R~ad~c~n~ to and nar~eF~th~"~a~er~D~r~ I do not object to the concept of a ~ed and Breakfast establishment. I'm pleased that o~r town ha~ written~a~ode that permits this kind of use for some of the large old houses in our town and gives young families a means of coping with real estate and cost-of-living hardships that~this community puts upon them. I have many pleasant memories of Bed and Breakfast experiences in my youth and from travels with my husband when I have stayed in this type of a facility. I have no objection to an attractive, well-run bed-and-breakfast, that meets the local requirements and continues to pass its inspection, and which draws friendly, courteous people to the neighborhood. I have no opposition to such a place next door to me. I do have some apprehension and anxiety ~cause~f?the ~a~c~ that starting nearly a year ago and continuing up until just recently, if ~ tried to call these neighbors on the phone, I always received the following recording, and I q~ote: "29 h~ndred, Duchess Chateau Bed and Breakfast; Home of the Clever Fox: Antiques and Collectables: Nostalgia Gifts; Specializing in fox hunting memorabilia and Depression Era glass. Please leave your name, number, and a brief explanation of who and why you are calling, and have a lovely day." end of quote During this same period, and for months after we had discussed with them the fact that ours is a residential neighborhood and retail b~sinesses are not permitted, signs reading ANTIQUES and GIFTS remained at the front door. I realize this is an issue aside from the bed and breakfast request, but inasmuch as their phone number is listed under The Clever Fox, and we are aware of their original desire to make this a place for retail business as well, I want it understood that my voice of approw~l is limited to a complying bed-and~breakfaSt and that alone. I am a me~hhor of Mr. and Mrs. Robert maker an =oisseau Avenue, I am writin.~ this letter in support of the 9a'<er's application for a bed and orea.<zast in their home at 2900 9oisseau Ave., Southold N.Y.. Please Print ~_ame Below Signature £ear Mezbers of the Southo!d Town Zon~nK 9card, · ~ of I am a me~,..or Mr. and Mrs. Robert ~aker an ~o~sseau Avenue. am writing this letter in support of the ~aker's application for bed and breakfast in their home at 2900 ~oisseau Ave., Southold Please Print ~ame Below Signature Dear Members of ~he Southo~d To~n Zonin~ °card, I am a me~hbor of ~r. and Mrs. Robert ~aker an ~oisseau Avenue. I am writing this letter in support of the Valet's application for a bed and breakfast in their home at 2900 ?oisseau Ave., Southold Please Fr~ ~ame Below Signature Dear Members of the Southo!~ lo~ ?oninR ~oard, I am a me~h¼or of ?r. aa~ ].!rs. Robert maker aH ~oisseau Avenue. I am writinM this letter in s~ppcrt of the ~aker's application for a bed and breakfast in their ac~e at 2900 ~.oisseau Ave., Southold N.Y.. Plea'se Print ~a~ Below Signature Dear Members of the Southo!d Town Zonin; ?card, I am a me~shbor of Mr. and Mrs. Robert :aker an ~oisseau Avenue. I am writing this letter in support of the Paker's application for a bed and breakfast in their home at 29C? ~oisseau Ave,, Southold r ~t~gnature Dear Members of the Southo!d Town '?onin~ ~oard, I am a me~gh¼or of Mr. and Mrs. Robert Raker an ~oisseau Avenue. I am writing this letter in support of the Paker's application for a bed and breakfast in their home at 2900 ~oisseau Ave., Southold ~ease Print Name ~elow Signature Members of the Southo!d Tovm Zonine hoard, I am a meigbbor of Er. and ~I[rs. Robert Paker an ~oisseau Avenue. T a~ writinz this letter in support of the ~ ' ' - ,_ a~er s application for a ,,_d and breakfast in their home at 2900 9oisseau Ave., Southo!d ~lease Print Name ~el°w Signature Dear Members of the Southol5 Town Zouin~ :oard, I am a mei~l~Bor of Mr. and Mrs. RoBert Raker au ~oisseau Ave~ua. I am writing this letter in support of the Oaker's app]~catiou for a bed and breakfast in their home at 2900 9oisseau Ave., Southold Yl~ase Print ~a~m&'~elow Signature Dear Members of the Southold Town ?on!n6 ~oard, I am a mei~h¼or of Mr. and Mrs. Ro¼ert Raker an ~oJsseau Avenue. I am writing this letter in support of the ~aker's application rot a bed and breakfast in their home at 2900 9oisseau Ave., Southold Dear Members of the Southo!{ _-c;,m ?oninE '~oard, I am a me~g}lbor of F.r. and }~rs. Robert ~a'<er an Roisseau Avenue. I am writing this letter in su.~.~ort of the ~aker's application for a bed and breakfast in their hcze at 2900 9oisseau Ave,, Southold N.Y.. Please Print Name Below Signature Dear ~embers of the Southo!d To~m Zonin~ =card, I aM a ~e~ghhor of Mr. and Mrs. Robert ~aker an ~oisseau Avenue. I am writing this letter in support of the 9aker's application for a bed and breakfast in their home at 2900 9oisseau Ave., Southold Dear Members of the Southo!d Town Zonin¢ ~oard, I am a meiohbor of Mr. and Mrs. Robert Raker an ~oisseau Avenue. I am writin~ this letter in support of the 9aker's applioation for a bed and breakfast in their home at 2900 9oisseau Ave., Southold N.Y.. TOWN OF SOUTHOLD ZONING BOARD OF APPEALS REGULAR HEARING OF THURSDAY, OCTOBER 6, 1988 Appl. No.: 3762 Applicant(s): ROBERT AND DIANNA BAKER Location of Property: 2900 Boisseau Avenue, Tax Map ID No.: 1000- 55-6-9 Southold October 6, 1988 Regular Meeting Present were: Chairman Gerard P. Goehringeu; Member Charles Grigonis, Jr.; Member Serge Doyen, Jr.; Member James Dinizio, Jr. Absent was: Member Sawicki (due to serious family illness). Also present were: Board Assistant Linda Kowalski, and approximately 40 persons in the audience. The Chairman read the Legal Notice for this hearing, as published in the suffolk Times and L.I. Traveler-Watchman, Inc. CHAIRMAN GOEHRINGER: I have a copy of a survey indicating a two story frame house on a parcel of approximately 129 by 200. And I have a copy of the Suffolk County Tax Map indicating this and sur- rounding properties in the area. And specifically the floor plan of the house and sketches and so forth. Are the Bakers present? Where are they? Hi, how do you do. You're requesting a recess because your attorney is not here. So we won't ask you any ques- tions tonight. We'll just see if there's anybody in the audience that may not be here at the next regularly scheduled meeting. We did receive a letter and I knew there was one in the file but I con- fused it with another file. But we are requesting a recess on this particular hearing to the next regularly scheduled meeting. So if there's anybody in the audience who would like to speak either pro or con concerning this application at this time, I would be very happy to entertain any statements from you. Seeing no hands raised, I'll make a motion recessing the hearing until the next regularly scheduled meeting. Ail in favor - AYE. WILLIAM D. MOORE F~A~'RICIA C. MOORE MOORE & MOORE ATTORI~Ey$ AT LAW MAIN ROAD P.O. BOX 23 MATTITUCK, NEW YORK 11952 (516) 298-567~- Southold Town Zoning Board Town Hall Main Road Southold, NY 11971 Re: Mr. & Mrs. Robert Baker/ bed & breakfast October 6, 1988 Dear Members of the Board: In confirmation of my discussion with Linda Kowalski we have been retained to represent Mr. and Mrs. Baker in their request for permission to establish a bed and breakfast use in their residence. Please accept our request to open the hearing and to then adjourn the public hearing to the next available hearing date in order that we may prepare to make a presentation at that adjourned date. Thank you in advance for your consideration. Very truly yours, WDM/pc cc: Mr. & Mrs. R. Baker Southold Town Board of Appeals MAIN RnAD- STATE RnAD 25 SKIUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD October 6, 1988 MEMBERS GERARD P. GOEHRINGER, CHAIRMAN S.E.Q.R.A. CHARLES GRIGONIS, JR. -- SERGE DOYEN, JR. NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWlCKI Notice of Determination of Non-Significance APPEAL NO.: 3762 PROJECT NAME: ROBERT AND DIANNA BAKER This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the.N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [' ] Type II [ ] Unlisted ~X] Exempt DESCRIPTION OF ACTION: Establish Bed and Breakfast establishment in an existing single-family dwelling LOCATION OF PROJECT: Town of Southold, County of Suffolk, particularly known as: ~00 Boisseau Avenue, Southold,'Ny 55-6-9 more REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) This is an application concerning use of premises and is not directly related to new construction. (3) Exempt Involves no substantial physical change to existing build~ or premises. FURTIIER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary, Southold Town Board of Appeals, Town Hall, Southold, NY 11971- tel. 516- 765-1809 or 1802. ' Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. mc Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) T65-1938 PLANNING BOARD OFFICE TOWN OF $OUTHOLD MEMOi~kNDUM To: Gerard Goehringer, Chairman, ZBA From: Bennett Orlowski,Jr., Chairman, Planning Board Re: Baker Bed & Breakfast Application Date: September 30, 1988 In response to your letter of requesting input, the Planning Board does not have any jurisdiction over Bed & Breakfast site plans, pursuant to Section 100-30, B. Town Hall, 53095 Main Road P.O. Box 1179 $outhold, New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF $OUTHOLD TO: FROM: DATE: RE: Southold Town Board of Appeals Southold Town Planning Board ~ October 4, 1988 H & S Associates, Robert and Diana Baker, John Beebe, Cutchogue Garms LTD. a/k/a Gristina Vineyard H & S Associates (Rienecker and Friemann) 1000-102-2-24 Please see correspondence to Mr. Friemann from Planning Board dated 10/4/88 which recommends that he pursue a Special Exception to expand a non-conforming use. ~Tobert and Diana Baker 1000-55-6-9 The Planning Board has no jurisdiction John Beebe 1000-103-3-5 The Planning Board has no comments, however, would like to note that this is located within the approved subdivision Moose Cove at East Cutchogue, which contains predominantly half acre lots. Cutchogue Farms Ltd. a/k/a/ Gristina Vineyard 1000-109-1-13 The Planning Board finds the plan dated as amended 8/16/88 acceptable. Please see colored map submitted by the applicant which locates the existing vegetation to be supplemented with an evergreen buffer. APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONI$, JR. SERGE DOYEN, JR. JOSEPH H. SAWiCKI TO: Southold Town Board of Appeals MAIN RI-lAD- STATE RnAD 25 SnUTHEJLD, L.I., N.Y. 11971 September 21, 1988 TELEPHONE (516) 765-1809 Southold Town Planning Board Mrs. Valerie Scopaz, Planner RE: Matters Involving P.B. October Calendars For your convenience below is a list of our upcoming applications, some of which have been reviewed by your office, (or will involve Planning Board jurisdiction) for subdivision or site plan projects. If you choose to submit written comments on any of these files, please transmit same to our office no later than October 5th. In the event that no response from you is received on or beforeOctober 5th, we will assume that you have no objection to the general layout of the project. H & S Associates 1000-102-2-24 (B-1 Zone Addition, etc.) /Robert and Diana Baker 1000-55-6-9 (Bed & Breakfast-see 100-30B for site-plan review) John Beebe 1000-103-3-5 (Subdivision) Cutchogue Farms Ltd. a/k/a Gristina Vineyard 1000-109-1-13, 1000-101-2-8 (Winery Proposal). (We understand that maps were previously submitted to you. Please feel free to review our file at any time if necessary for your response to this coordination.) lk APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH R. SAWlCKI Southold Town Board of Appeals MAIN ROAD- BTATE RnAD 25 ~r'IUTHI~LD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 August 18, 1988 Mr. and Mrs. Robert Baker 2900 Boisseau Avenue Southold, NY 11971 Re: Appl. No. 3762 - Bed and Breakfast Proposal Dear Mr. and Mrs. Baker: This letter will confirm our recent conversation that the file is complete for further processing, with the exception of the third-floor building plan/sketch, which you have agreed to furnish within two weeks. If additional time is needed, please let us know no later than September 8th. It is suggested that if you have not already done so, that you check with the Planning Board office as to their require- ments for site-plan approval for a Bed and Breakfast. (Tel. 765-1938). lk Yours C STATE OF NEW YORK) )ss: COUNTY OF SUFFOLK) Chris tina Contanto of Mattituck, in uld County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattituck, in the Town of Southold, County of Suffolk end State of Mew York, end that the Notice of which tim annexed Is a printed copy, has been regularly published in said Newspaper once each week for ] weeks successively, commencing on the 20 day of October 19 88 Principal Clerk .gal Notices NOTICE OF HEARINGS NOTICE I~ HEREBy GIVEN, ~ant t6 ~llmi 267 of the Town ~v and the Code of the Town of 3tho·d, the following hearings will held by the ~ ~ at · Regular :eting at the Southotd Town Hall, ,.in Road, Southold, NY 11971, mi ~ S 8 he following times: 7:30 p.m. Appl. No. 3773 - .ETCHEN K. HEIGL Variancese Zo~in8 OrdinanCe, A~icle :tion 100-31 for permission to /fi¢ient setback from the th(westerly) property line. Loea- , of Propeny: Private Risht-of- y exltn~din$ off the No~h Side of mdvlew Avenue, Sc~thold, NY; tmty Tax Map Dis~ct I000, Sec- a 68, Block 1, northerly pan of 14 (now 14.1). ~:40 p.m. Appl. No, 3784 - VIES YOUNG. Variance to the dn8 Ordinance, Article I~ Sectinn ~-31 for Permission to constmot trion to dwelling with insufficient ~t yard setbacks fpom the westerly southerly property liras. Locatim 'mpeny: NE/s Minnehaha Boule- t at "Lauthin8 Waters," Southold. NY; County Tax Map Distrkt 10(X}, Secdon 87, Block 3, Lot 8. 7:45 p.m, Appl. No, 3772 - IOHN G. PHILIPPIDES. Variance to the Zoning Ordinanm, Article XI, Section 100-119.2 f~ Permission to c~tion of Property: Saoth Side of Old Cove Road. S~thold, NY; County aingle-family dwe.01n~, in addhlon to Block 2, Lot 10.1. uses. Location of Properly: 66075 7:50 p.m. AppL No. 3785SE - C.IL 48, Gmenpo~ NY; County Tax RAYMOND NINE and CHARLES Map District 100~, Section 40, Block ZAHRA. Special Exception to the 2a~.ot 7. Zoning Ordinance, AflicleHI, Sectimi ./~8:10 p.m. A~pl. No. 3762 . 100-30B{16} for permission to es- fROBERT G. AND DIANNA tebtish "Bed and Breakfast Use," "an / BAKER. Bed and Breakfast proposal, owner-occopiedbuilding, other than a ( 2900 Boisseau Avenue, Southold; hotel, where lodging and breakfast is ~ 1000-55-6-9. (Recessed from Octo~r provided for not mom than six casual, Nfl, 1988). · 8:15 p.m. ~OSEPH A. Block I1, L~t 20. 7:55 p.m. Appl. No. 3777 - CARL J. AND RUTH V. NELSON. Article III, Sections 100-31 and 100- 32, and A~icle XI, Section 100-119.1 excess of the maximum-parmltted 20 Swom to before me thb, ~/'~ , ' Property: es, all as mov, n mi M~ s ~e, G~, NY; ~st- gust 4, 1988 Site PI~. ~9, C~nty Tax M~ ~nct ~g~A~V~' ~:05 p.m. AppL No. 3786 - ~ M~ON SA~O~. Vat,ce to ~ w~n~B~t. p~ n~o~ ~r ~ n~ . g i s use lot gn~e ~d DA~ WAL~ A~O- CIA.S. Vafim~s OM~ A~cle ~ ~ 1~ ' Location uf Progeny: South Side of Front Street (Route 25), Gtco·port, NY; County Tax Map District 1000, Section 45, Block 6, Let 5: Appl. No. 3783SE . Specia] Ex- ception to the Z~ing Ordin~ce, Ar- ticle VIH, Section 100-80 for expan- sion of the present p~opeRy by the - addition of a new building to be uti- lized for the existing automob~e ser- vice sta~Jmi and public garage, in addition to the continued se]cs of gasoline and proposed re-il (gmcep/) 31, for approval of parcel as exists with insufficient l~t area and width and more peniculady described in Deed at Liber 8721 page 433 dated October 25, 1979, having bec· set-off without Planning Board approval. Location of Property: 1300 Mart·took· Lane, Mattituck, NY; County Tax Map District 1000. Section 115, Block 3, Lm 18.3 (ptevinusly par of 18.2). Thc Board of Appeals will at said time and place heat any and all per- heard in each of the above matters. Written comments may also be sub- mitted prior to the conclusion of the subject bearing. Each hearing will not star before thc time allotted. For more ittformarion, please call 765- 1809. 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 WEDNESDAY~ OCTOBER 26, !.988 at the following times: 7:30 p.m. Appl. No. 3773-- GRETCHEN K. HEIGL. Vari- ance to the Zoning Ordinance, Article Ill, Section 100-31 for permission to connect deck to porch, leaving an insufficient setback from the south(westerly) property line. Location of Pro- perry: Private Right-of. Way ex- tending off the North Side of Soundview Avenue, Southold, NY; County Tax Map District 1000, Section 68, Block 1, north. erly part of Lot 14 (now 14.1). 7:40 p.m. Appl. No. 3784-- JAMES YOUNG. Variance to the Zoning Ordinance, Artic~,,,' Ill, Section 100-31 for permis- sion to construct addition to dwelling with insufficient front yard setbacks from the westerly and southerly property lines. Location of Property: NE/s Minnehaha Boulevard at "Laughing Waters7 Southold, NY; County Tax Map District 1000, Section 87, Block 3, Lot 8. ._~,~.~:45.p.m: Appl. No. 3772-- JOHN G. PHILIPPIDES. Vari- ance to the Zoning Ordinance, Article Xl, Section 100-119.2 for permission to construct deck ad- dition at rear of existing dwell- ing with an insufficient setback from existing bulkhead. Loca- tion of Property: South Side of Old Cove Road, Southold, NY; County Tax Map District 1000, Section 52, Block 2, Lot I0.1. -~"~ p.m. AppL No. 3785 SE--RAYMOND NINE and CHARLES ZAHRA. Special Exception to the Zoning Ordi-. nance, Article I11, Section I00-30B[16] for permission to establish "Bed and Breakfas Use~' "an owner-occupied build- ing, other than a hotel, where lodging and breakfast is provid- ed for not more than six casual transient roomers, and renting of not more than three rooms. Location of Property: North Side of New Suffolk Avenue, Mattituck, NY; County Tax Map District 1000, Section 114, . Block 11, Lot 20. 7:55 p.m. Appl. No. 3777~-'" CARL J. and RUTH V. NEL- SON. Variances to the Zoning Ordinance, Article III, Sections 100-31 and I00-32, and Article XI, Section 100-119.1 for permis- sion~t nstruct tennis court withtqO-f~) high fencing in the front~'~f~' area and total lot coverage in excess of the maxi- mum-permitted 20 percent. Location of Property: 1060 Moore's Lane, Greenport, NY; Eastern Shores Subdivision, Section 3, Lot 99; County Tax Map District 1000, Section 33, Block 2, Lot 43. 8:05 p.m. Appl. No. 3786-- MARION SACCONE. Variance to the Zoning Ordinance, Arti- cle 111, Section 100-30, for per- .mission to replace nonconform- Ing trailer with new single-family dwelling, in addition to the es- tablished dwelling structures and uses. Location of Property: 66075 C.R. 48, Grcenport, NY; County Tax'Map District Lot COUNTY OF SUFFOLK SS: 'ATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for / weeks successively, commencing on the ............ ~.~..'~.... _~vut:Kr G. and DIANNA"' ~ BAKER. Bed an~l Breakfast ~'~ ,j prop?sal, 2900 Boisseau Ave- hue, ~outhold; 1000-55-6-9. (Re- day of ~ cessed from October 6, 1988) ................. 8:15 p.m. JOSEPH A. STO ~ .C~ KEN/M&N AUTO, INC. Loca- tion of Property: SOuth Side of .... Front Street (Route 25), Green- port, NY; County Tax Map Dis- trict 1000, Section 45, Block 6, Lot 5: Appl. No. 3783SE--Special Exception to the Zoning Ordi- nance, Article VIII, Section 100-80 for expansion of the pre- Sent property by the addition of a new building to be utilized for the existing automobile service station and public garage, in ad. dition to the continued sales of gasoline and proposed retail (grocery) store uses, all as shown on the August 4, 1988 Site Plan. Appl. No. 3782--Variance to the Zoning Ordinance, Article V. III, Section 100-80 for permis- sion to convert existing building to retail (grocery} store, which ~s .~ not listed as a permitted use in this "C-Light Industrial" Zone District, in addition to the exist- ~ i'ng-'sales use (of gasoline and .diesel) and Proposed new build- lng for automobile servicing. 8:30 p.m. Appl. No. 3708-- DAVID WALKER/TURTLE ASSOCIATES. Variances to the Zoning Ordinance, Article I11, Section 100-31, for approval of parcel as exists with insufficient lot area and width and more Particularly deScribed in Deed at Liber 8721 page 433 dated Oc- . tober 25, 1979, having been set- off without Planni ag Board alJ- proval. Location of Property: 1300 Marratooka Lane, Matti- tuck, NY; County Tax Map Dis- trict 1000, Section 115, Block 3, Lot 18.3 (p~viously part of 18.2). The Board of Appeals will at said time and place hear any and all persons or representatives de. siring to be heard in each of the above matters. Written com- ments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the time al- lotted. For more information, please call 765-1809. Dated: October 6, 1988. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD p. GOEHRINGER, CHAIRMAN By Linda Kowaiski IX, 10/20/88 (3) ry Public ~RA A. $CHNEIEER JBLIC, State of New ¥o. ,, No. 4806846 ied in Suffolk Cc,::n~V / ssion Expires ~//~,'/~V2 Southold Town Board of Appeals -~'~' ;~l ' ,~,v,~/ NAIN ROAD- STATE ROAD 25 BOUTHOLD. L.I., N.Y. 11971 ~ TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN. JR. JOSEPH H. SAWlCKI James Dinizio, Jr. TO WHOM IT ~AY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your recent application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the time allotted in the attached Legal Notice. Please feel free to call our office prior to the hearing date if you have any questions or wish to update your file. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN Copies to the following on or about 9/21/88: Mr. Joseph Spitaliere (picked up personally 9/21/88) Environment East, Inc. as Agent for Frank and Sandra Curran as Agent for John J. Jessup 3075 Indian Neck Lane Peconic, NY 11958 J. Kevin McLaughlin, Esq. as Attorney for Tony Scarmato, Inc. 828 Front Street, Greenport, NY 11944 Mr. Wilbur Klatsky, The Cove at Southold, 5044 Expressway Drive South, Ronkonkoma, NY 11779 Mr. and Mrs. Alvan Terry, Box 35, Main Road, Peconic, NY 11958 Re: The Cove at Southold - Sign Mr. Theodore S. Kudlinski, Jr. 605 Highwood Road, Box 1052, Southold, NY 11971 Mrs. Elsie D. Young 480 Grisson Lane, Southold, NY 11971 Abigail A. Wickham, Esq. as Attorney for John T. Beebe Main Road, Box 1424, Southold, NY 11971 ~r. and Mrs. Robert Baker 2900 Boisseau Avenue, Southold, NY 11971 Mr. and Mrs. Peter Markopoulos 605 Sound Beach Drive, Mattituck, NY~1951 Richard F. Lark, Esq. as Attorney for Cutchogue Farms Ltd. Main Road, Box 973, Cutchogue, NY 11935 J. Kevin McLaughlin, Esq. for Petrol Stations Re: 828 Front Street, Box 803 Greenport, NY 11944 as Attorney Cutchogue Farms Ltd. Mr. Allan P. Shope as Architect for Denis O'Brien 18 West Putnam Avenue Greenwich, CT 06830 Mr. and Mrs. Brett Kehl 5500 Main Bayview Road Southold, NY 11971 Mail List continued for October 6, 1988 Legal Notice: H & S Associates P.O. Box 915 Cutchogue, NY 11935 Mr. and Mrs. Howard Brodis 435 Eastward Court Mattituck, NY 11952 Suffolk Times, Inc. Main Road Mattituck, NY 11952 L.I. Traveler-Watchman, Traveler Street Southold, NY 11971 Inc. Individual ZBA files ZBA Members Building Department (V. Lessard) Supervisor and T.B. Members Town Attorney Town Clerk Bulltin Board (west side) Z.B.A. Bulletin Board (east side) JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS To: From: OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Southold Town Zoning Board of Appeals Judith T. Terry, Southold Town Clerk Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1801 Dated: July 29, 1988 Transmitted herewith is Zoning Appeal No. 3762 application of Rnhert C. and r)ianna Raker for a Special Exception. Also included is Notification to Adjacent Property Owners; Short Environmental Assessment Form; Certificate of Occupancy for Non-conforming Premises; survey of property; and any other attachments relative to this application. Judith T. Terry Southoid Town Clerk Southold Town Board of Appeals ~ TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCK[ ~]ames D~niz~o, dr. List of Mailings Hearings for October 26, 1988 Southold Town Board of Appeals Copies to the following on or about October 14, 1988: Mr. and Mrs. Frederick Heigl P.O. Box 32, Peconic, NY 11958 Mr. William Chamberlain (Re: Heigl) 22 Bowden Drive, Huntington Station, NY 11746 Horton Construction Co. Attention: Mr. Gerry L. Horton P.O. Box 1442, Mattituck, NY 11952 Mr. John G. Philippides 35 Avalon Road, Garden City, NY 11530 Mr. Charles Zahra and Mr. Raymond Nine Mattituck, NY 11952 1830 Pike Street, Mr. and Mrs. Carl J. Nelson P.O. Box 373, Greenport, NY 11944 Mr. and Mrs. William L. Schroeher (Re: Nelson) 525 Greenhill Lane, Box 608, Greenport, NY 11944 Kevin McLaughlin, Esq. 828 Front Street, Greenport, NY 11944 as Attorney for Marion Saccone as Attorney for Joseph A. Stocken as Attorney for Turtle Associates (David Walker) ~iam D Moore, Esq. · Box 23' Suite 3, Mattituck, NY 11952 as Attorney for Mr. and Mrs. Robert Baker Legal Notice of Hearings for October 26, 1988: Copies to the following on or about 10/14/88: Mr. and Mrs. Robert G. Baker 2900 Boisseau Avenue, Southold, NY 11971 Gary Flanner Olsen, Esq. (Re: Walker/Turtle Associates) as Attorney for Mr. and Mrs. J. Lowell Main Road, Box 706, Cutchogue, NY 11935 Mr. and Mrs. Jackson Lowell 1100 Marratooka Lane, Box 266, Mattituck, NY 11952 Mrs. Catherine Woodhull Marratooka Lane, Mattituck, NY 11952 Charles R. Cuddy, Esq. 180 Old Country Road, Box 1547, Riverhead, NY 11901 L.I. Traveler-Watchman, Inc. (Official Town Newspaper) Suffolk Times, Inc. Town Clerk Bulletin Board ZBA Office Bulletin Board ZBA Chairman and Members with copies from file ZBA Individual Files NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD WN BOARD OF APPEALS at a Regular Meeting at the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, OCTOBER 6, 1988, at the following times: 7:35 p.m. Appl. No. 3765-- JOSEPH SPITALIERE for a Variance to the Zoning Ordi- nance, Article Ill, Section 100.31 for the placement of a new dwelling structure with a re- duced setback from the front property line. Location of Pro- perty: Right-of-way located along the east side of Cedar Beach Drive, Southold, (just south of General Wayne Inn) and extending in an easterly and thence southerly direction to this parcel identified on the Suffolk County Tax Maps as 1000-90-4-14. 7:40 p.m. Appl. No. 3768-- FRANK AND SANDRA CUR- RAN for a Variance to the Zon- ing Ordinance, Article II1, Sec- tion 100-31 for construction of a pool with deck and fence en- closure with an insufficient fromyard setback and excessive lot coverage (over 20 percent), at premises known as 780 Hay- waters Road, Cutchogue, NY; County Tax Map Parcel No; 1000-111-01-016. 7:45 p.m. Appl. No. 3763-- JOHN J. JESSUP for a Vari- ance to the Zoning Ordinance, Article I11, Section 100-31 for construction of an addition at the westerly side of the existing dwelling with a reduction in the total sideyards, at premises known as 90 East Road, Cutch- ogue, NY; County Tax Map Par- cel No. 1000-110-7-15. 7:50 p.m. Appl. No. 3759--' TONY SCARMAiL~, INC. for a Variance to the Zoning Ordi- nance, Article XI, Section 100-119.2 for approval of gazebo . structure with an insufficient&' setback from an existing bulk-"' head along Peconic Bay, at pre- mises known as 235 Huckelberry Mill Road, East Marion, NY; County Tax Map Parcel No. 1000-31-16-9. 7:55 p.m. AppL No. 3755SE --TIMOTHY COFFEY AND THE COVE AT SOUTHOLD. iNC. Special Exception to the Zoning Ordinance, Article Ill, Section 100-30C, for permission to erect off-premises sign. Loca- tion of Property: South Side of Main Road, Southold, NY; County Tax Map Parcel No. 1000-75-06-7.3. (Recessed from Prior Meeting). Appl. No 3758-- THEODORE KUDLINSKL JR. Variance to the Zoning Ordinance, Article Ill, Section 100-31 for permission to con- struct open deck addition with an insufficient rearyard setback from existing dwelling, at pre- mises known as 605 Highwood Road, "Highwood at Bayview" Subdivision Lot No. 8, Southold, NY; County Tax Map Parcel No. 1000-78-9-50. 8:05 p.m. ELSIE D. YOUNG. Appl. No. 3760SE--Special Exception to the Zoning Ordi- nance for permission to estab- lish Accessory Apartment in an existing dwelling structure in ac- cordance with the requirements of Article Ill, Section 100-30B, subsection 15. Location of Pro- perry: 480 Grisson Lane, Southold, NY; County Tax Map Parcel No. 1000-78-1-10.3. Appl. No. 3761-V--Varianca to the Zoning Ordinance, Arti- cle ltl, Section 100-30B(15)[M] to allow conversion of dwelling for Accessory Apartment with Certificate of Occupancy dated after January 1, 1984, although Affidavit of Building Inspector indicates dwelling met the requirements for a Certificate of Occupancy had application been made in a timely fashion. Location of Property: 480 Gris- son Lane, Southold, NY; Coun- ty Tax Map Parcel No. 1000-78-01-10.3. 8:15 p.m. JOHN T. BEEBE-- 6t Variances to the Zoning Ordi- nance, Article ltl, Section 100-31 for approval of insuffi- cient area and width of two pro- posed parcels in this proposed set-off division of land, located along Beebe Drive, CutchOgue, NY; County .Tax'Map Pareet No. 1000~103-3-part of Lot 5. ~1 t'~ 8:20 p.m. ROBERT AND DI- ~ ANNA BAKER. Special Excep- tion to the Zoning Ordinance, Article Ill, Section 100-30B(16) for permission to establish Bed and Breakfast establishment in an existing dwelling, at premises known as 2900 Boisseau Ave- nue, Southold, NY; County Tan Map Parcel No. 1000-55-6-9. 8:30 p.m. Appl. No. 3779- PETER AND DESPINA MAR- KOPOULOS for a Variance to the Zoning Ordinance, Article Ill, Section 100-31 and prior Appeal No. 3623 rendered May 11, 1987 for approval of stroc- ture(s) with reduced sideyards, at premises known as Lot //16, Captain Kidd Estates, along the south side of Sound Beach Drive, Mattituck, NY; County Tax Map Parcel No. 1000-99-I-24. 8:40 p.m. No. 3769SE--CUTCHOGU[~ FARMS LTD. ~'a/k/a GRIS- t. Special Exception to the Zoning Ordi- nance, Article Ill, Section 100-30B for permission to estab- lish Winery, at premises located along the north side of the Main Road, Cutchogue, NY; County Tax Map Parcel No. 1000-109-01-13. 8:50 p.m. Appl. No. 37i~4 - DENIS O'BRIEN for Variances to the Zoning Ordinance, Arti- cle/Il, Section 100-31 and Ar- ticle XI, Section 100-119.1 for permission to erect tennis court with 10-ft. high fencing and gazebo structure in an area other than the required rearyard, at premises identified on the Suf- folk County Tax Maps as Dis- trict 1000, Section 3, Block 3, Lot 75 along Private Road, Fishers Island, NY. 8:55 p.m. Appl. No. 3778~ BRETT AND JANET KEHL-- Variance to the ~. nance, Article Ill, Section 100-32 and removal of Condi- tions rendered under Appeal No. 3641 on June 18, 1987 in order to allow conversion of the subject building as livable area in proposed reconstruction plan of dwelling, at premises known as 5500 Main Bayview Road, Southold, NY; County Tax Map Parcel ID No. 1000-78-4-32. 9:05 p.m. Appl. No. 3774SE--H & S ASSOCIATES Special Exception to the Zoning Code, Article VII, Section 100-70B for permission to con- ~ struct addition to existin~q building, (maintaining the west- erly yard setback) for use part- ly for sales of auto parts, added storage, and engine-rebuilding shop, at premises located along the north side of the Main Road, Cutchogue, NY; County Tax Map Parcel No. 1000-102-2-24. 9:15 p.m. Appl. No. 3776-- HOWARD AND MARGARET BRODIS. Special Exception to the Zoning Ordinance, Article Ill, Section 100-30B(15) for per- mission to establish Accessory Apartment in a proposed addi- tion to existing dwelling, at pre- mises known as 435 Eastward Ct., Mattituck, NY; County Tax Map Parcel No. 1000-115-7-9. 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 com- ments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the time al- lotted. For more information, please call 765-1809. Dated: September 16, 1988. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN By Linda Kowalski IX, 9/29/88 (50) COUNTY OF SUFFOLK STATE OF NEW YORK SS: Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Travels-Watchman Once each week for.. ......................... weeks successively, commencing on the ........... .,.,~.?. ~ ..... Sworn to before me this c~ ~ ........ day of .... ~~ ..... 79. ~°~ Main Road, Southold, .NY; I south side ot ~ouna I~eacn egal Notices NOTICE OF HEARINGS NOTICE IS H,~REBY'GIVEN, ursuant to ~ 267 o'~ the Town .aw and the Code of the Town of oothold, the following hearings will e held by the SOUTHOLD TOWN ~ at a Regular leering at the Southold Town H~R. ~ain Roa~Southold. NY 11~/1 on ~URSDAY. OCTOBER 6. 198gat ~e following times~ 7:35 p.m. Appl. No. 3765 -- )SEPH SPIT~ I .I~R R fo~ 9 Yariance the Zoning Ordinance, .~rdcle IR, .~ctien 100-31 foftheplacement of a :w dwelling structure with a reduced =thack from the front property line. ocadon of Property: Right-of-way cared along the east side of ~eder ~ach Drive, Seuthold, (just seath of mend Wayne Inn) and extending in ~ easterly and thence southerly rection to ~ parcel identified on ¢ Suffolk County Tax Maps as 100-90-4-14. 7:40 p.m. Appl. No. 3768 -- La. NK AND SANDRA CURRAN r · Vafianc~ to the Z~aing Ordi- nate, Article Ill, Sention 100-31 for ~natmcthm cfa ~ with deck and ncc ~nclosure with an innffficlem .mtyard aetback and axe, salve lot ,vet·ge (over 20 percent), at cruises known as 780 Haywaters ~ad, Cutchogue, NY; County Tax ap Parcel No. 1000-111-01-016. 7:45 p.m. AppL No. 3763 )HN f. JESSUP for a Variance to · Zoning Ord/nance, Article IR, =ction 100-31 for constmctinn ~f an dillon at the westerly side of the isting dwelling with a reduction in 90 East Road, Cutchogue, NY; ~unty Tax Map Parcel No. 1000- 0-7-15. 7:50 p.m. AppL No, 3759 -- )NY SCARMATO. INC. for · ,~al Excep~o~ to the zoumg Ord,- /'Map Pa.~lNo. 1~0o-55.9;j nance, A~cle ~1~-3~, ~x 8:30 p~, A~, No. 3779 f~sal~ctoff-~ises TEn AND DESPINA s~n. ~a~Ry: South ~ for a Vad~ Side of Ma~ Road, Sou~old; NY; ~ty T~ Map Pag~ No. 1000- 75-06-7.3 (Recessed from Prior Me~aing). 8:00 p.m. AppL No, 3758 -- THEODORE KUDLINSKL Variance to the Zoning Ordinance, A.rfi~le I~ Section 100-31 for per, tress,on to construct open deck addi- tion with an insufficient rearyard set- back from existing dwelling, at premises known as 605 Highwood Road, #Highwood at Bayview' Subdivision Lot No. 8, Somhold, NY; County Tax Map Parcel No. 1000-78-9-50, $:05 p.m. ~ Appl. No. 3760SE -- Special Excepti~ to the Zoning Ordinance for pan·is·ion to estabB~ Accessory Apartment in an existing dwelling quirementa of Article IH, Section 100-30R. subsection 15. Location Property: 480 Grissom Lane, Southold, NY; County Tax Map Parcel No. 1(X}0-78-1-10,3. AppL No. 3761-V -- yariance to the Zoning Ordinance, A~cle Section 100-30B(15){M} to allow conversion of dwelling for Accessmy Apamnent with Certificate of Occu- pancy dated after Sanuav] 1, 1984, al- though Affidavit of Building Inspector indicates dwelling met the quix~nent~ for a Certificate of Occu- pancy had aplRication been made in a timely fashion. Location of Property: 480 Gtissom Lane, Southold, NY; County Tax Map Parcel No, 1000- 78-01-10.3. 8:15 p.m. IOHN T. BEEBI~ -- Variances to the Zoning Ordinance, Article IR, Section 100-31 for ap- proval of insufficient area and width 100-31 and prior Appeal No. 3623 rendered May 11, 1987 for approval 'of mucture(s) with reduced sideyar&, at premises known as Lot #16, Captain Kidd Estates, along south side of Sound Beach Drive, Mattituck, NY; County Tax Map Parcel No, 10~0-99-1-24~ 8:40 p.m. Appl. No. 3769SE -- CUTCHOGUE FAP~MS LTD. GRISTtN'A VINEYARDS), Special Exception to the Zoning Ordinance, A~ic~e IR, Section 100-30B forper- miss,on m ~stablish Winery, at premises located along the north side of the Main Road, Cutchogue, NY; County Tax Map Parcel No. 1000- 109-01-13.- 8:50 p.m, Appl. No. 3764 -- ~ for Variances to the Zoning Ordinance, Article I~ Section I00-31 and Anicin XI, Section 100- 119.1 for permission to erect t~nnis /_,r~cou~t with 10-ft. high fern:lng and gazebo structure in an area other than thc ra~nixed mary·rd, at premises identified on the Suffolk County Tax Maps as District 1000, Section 3 Block 3, Lot 3.5, along Private Roue Fishers Island, NY. 8:55 p.m. AppL No. 3778 -- Variance to the Zoning Ordinance, Article l~ Section 100-32 and re- moval of Conditions rendered under Appeal No. 3641 on June 18, 1987 in order to allow conversion of the subject building as livable area in proposed reconstruction plan of dwelling, at premises known as 5500 Main Bayview Road, Southold, NY; County Tax Map Parcel ID No. 1000-78-4-32, of two propa~ed parcels in this pro- 9:05 p.m. Appl. No. 3774SE -- H po~edse~-offdivisionofland, located -. &S ASSOCIATES Speciel Ex- along Beebe Drive, Cutchogue, NY; ception to the Zoning Code, Article ,riane~ to the Zoning Ordinance, County Tax Map Parcel No. 1000- , VR. Section 100-708 forpermission ~C~eo~' aS~'b~ 100'llg'2~°rap'~'V9 103-3-panofLotS.. ~. ~ to construct addition to existing g zeoo structure vath an ~n 8'20 p m ~ ~ :=' building, (maintaining the westerly ,,u,f?a,ent.sethack..fron~anex~stmg / ANNABAKER, SpacielExcen~iont6 yard sctback) for use partly for sales · mises known as 235 U.t-~,.lk,. ] the Zoning Ordinance Article IH, o~ auto pans. added storage, and ~n- 7, ...... - ........ ny -~ Section IO0-30B(6) for ~erm ssion g~ne-rebuilding shop, at premises le- u ~oaa, ~ast mahou, NY; County [ to establish Bed and Breakfast esta~ cated a cng the north side of the Main x~aapPatcc No 1000-31-16-9 ...... ~' . 7-~q a xx 'a't~cu [ i~hment In an ellsttng dwellm~ at Road, Cutchogue, NY, County Tax .... p.m...pp.. ,.o ........ -- ~ oremises known as 2900 Bnis~ Map Parcel Nell000-102-2-24. MOTHY COFFEY AND THF~ ~' ,~au ntento of MattRuek, In ly sworn, says that he/she is Principal ~LK TIMES, a Weekly Newspaper, In the Town of Southold, County of ew York, and that the Notice of which copy, has been regularly published In :e each week for 1 weeks lacing on the 29 day of Principal Clerk s~ ~b ' 19C7~ MARYK. DEgNAN NOTARY PUBLIC, State ? New York more information, please call 76.5- 1809. Dated: September 16, 1988. Zoning Ordinance, ARicle EI, Section 100-30B(15) for permission to estab- lish Accessor~ Apanrnent in a pro. posed addition to existing dwelling, at premises kno~$n as 435 Eastward Ct., MatHtuck. NY; County Tax Map Parcel No. 1003-115-7-9. The Board of Appeals will at said time and place hear any and all per- sons or representatives desiting to be heard in each of the above matters. Written comments may also be sub- Southold Town Boardo£Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE {516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your recent application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. ~ Someone should appear in your behalf during the public hearing. Questions may arise from Board Members or persons in the audience during the hearing. Your hearing is expected to start at the time advertised in the Legal Notice, and you will not be required to appear earlier. Please feel free to call our office prior to the hearing date if you have any questions or wish to review your file. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN lk 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 intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance)t~'S~ecial~Exceptio~ (Special Permit) (Other) [¢±rcle choice] 2. That the property)adaich is the subject of the Petition. i~loca%ed adiac~nt to¥our property and is d~S- cribed as roi,lows: ,~9~)~ ~"~;~.~.Sff4;&L /-/~/~ -~L/~';~/O/~?,/. ,4,/~.~, 3. That ~1 '~ ~'~,$,~,~4~ L.-- _~'~'~x.a,~)/~am.~ ~.. zoning district: the pr0pert~, whicla is the subject of such Petition is located in the following 4.. That by such Pet, ition, the undersigned will request the following relief: $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article [ ] Section 280-A, New York Town Law for approva] of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma), then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and, be heard at such hearing. Dated: 7/,:Q ~/C6~/ / Petitioner .d~}~ (~. j~ ,~ Owners ' Names: Post Office~ddress [Copy of sketch or plan showing proposal to be purposes.] :e NAME P 933 11=2 L RECEIPT 1=OI4 CERTIFNFr NO INSURANC~ COVERA0£ P~0V~0~. NOT FOR iNTERNATIONAL MAIL (See Reverse) PROOF OF MAILING OF NOTICF P 933 162 237 RECEIPT 1=OI4 CERT~FIEO MA~L NO INSURANCE COVERAGE PROVIDEO NOT FOR iNTERNATiONAL MAiL [See Reverse) ATTACH CERTIFIED MAIL RECEIPTS ADDRESS ,,:CEIPT F~,. NO INSURANCE COO~,. NOT FOR rNTERNATIONAt ~ (See Reverse} P 933 162 239 RECEIPT FOR CERTIFIED MAIL NO iNSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) [ Street and No I ~ 'r/ Postage Certified Fee Speoal Dehvery Fee RoSlrlcted Delivery Fee Return Receipt showmg [o whom and Date Delivered being duly ¢-"? *'r ¢ ,19 __ edatruec~ verse directed to each of the above-named pe~ons at the addres~s set opposite thor respective name; that the addres~s set opposite the nam~ of said persons are the address of said ~rsons as shown on the current ass~sme~ roll of the ToWn of Southold; that said Noticm were mailed at the United Stat~ Post rice at ~O~O~, ~-~ ;that said Notices were mailed to each of ~id persons by (ce~ified) (registere~) mail. Sworn tO be' re · this day o~ Notary Public (This side does not iprope?'ty owners.) have to be completed on ~orm transmitted to adjoining ,IlISTP~UCTION S ~ rotator will us~ c~rrontly avallabl~ iufon~lo, concornln~i ~.t,o proJqct and cc~plo~od Envlro~cntal As~ossaun~ Fo~ la imcu~sary, (fl) ~av t rnnm,m ~nl ~1 proJcc~ ros~ In a lar'~o physical ~o ~hc pro3oc~ ul~o or phy:{l~'ully alter ~noru 2, 9111 ~horo bo a ~or chnnao ~o ow/ ,auiqua or unusual land ~o~ ~ound on ~hu sl~u? ~_ 'n,. ,~ ~n oxlutln$ body of wa~or? ..... ~.._ Vt:, .~ &. W~I project have ~ potontially largo lapacu on ~ro~a~atcr quality? · · ..... 'l,~u ~, ~1 project sl~ifican~ly, off,:ct ,Iraina~Io 6, Will project a~foc~ any thron~,:n.d '~r -plan% or animal species'? ....... --~ 'l~ . ~ 7. Will pro3oct rcs~t in n ~raJ<a' tltJvl~/-tl~{ ,~J'l'cct air quali~7? 8, Will project havo'a c'nJor offocu ca v~:,m*l c~:~:~- 9, 'dill project adversely impact uny s~t. el' ufo of hi~oric~ pro-historic, or Amportnnco or any sito do~ignated a:; a crttl:al onvironmon~al urea by a local aguncy? · · . T~.:, ~ 10. W~i pro,oct have ~ ~Jor uffoct on exlu~g oc future recreational opport~q~tios? · · , ~. Yc:J ~ NO 11. Will project,result' in ~auJor traffic {)%'oblem:~ o;' 12. Will ~roJoct rogt~arly cau:;o i,biml, lorabl( cdor~l, Will project have any i:~pact on publ lc lma] th ~r safety? Ft)Rb! NO. 4 TOWel OF SOUTHOLD BUILDING DEPARTM£NT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. CERTIFICATE OF OCCUPANCY i'1o .... ~....~..4 ~.3. .......... Dote ...................... ~ ..........~.~. ............ . 1")69 THIS CERTIFIES ll~at the building IocotelJ ar ~$...J~l:l~..au.,.A~r. ep_u~ ........... q .... , Map No ....................... Block No ....................... Lot No ..... l~.Qti, t.J~].~0...~l~t~..XO~ ............... conforms substantially to the ,Application for Building Permit heretofore filed in this office doled · :: ............... .~...~.~..~..~. .......... ;;%1...2..9..". ............ , 19,,~.,?... pursuant to which Building Permit No..,~22.'/.~... dated ....... ..A...~;{.~. .................... .~,.~ ..........., 19..~.9., was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ........ ..... P.~ .t. ?L ~..t...e....q~.~...,,C.~m;t. ~ ~... ~ ~1 ], J,n g. ............................ : ............................................................ The certificate is issued to ..... ~,~.e...~../~K/~.o...J~,~,....~JX~I~,I,ox'. ........................................................ (owner, lessee or tenant) of the aforesaid building. guikling Ins~ctor .i-]ou,ge ~f 290~, FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Itall Soutbold, N.Y. Certificate OJ: Occupancy No. Z14310 ................. Date March 24 ................................. Tills CERTIFIES that tile building Addition Location of Property ...2.9.Q0. .... Boisso.u: .:..v,.. .' · . ' . County Tax Map No. 1000 Section .... .0.5.5. .... Block 06 .Lot 009 Subdivision X ............................... Filed Map No ....... '..Lot No .............. conforms substantially to the AplJlication for Building Permit heretofore filed in this office dated March 7 19.8.6. pursuant to which Building Pennit No. 14624Z dated March 19.8. 6. ............................ , was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for wlfich this certificate is issued is ......... ..... Deck Addition on Existing Dwelling ..... The certificate is issued to ............... FI.O..i~..IT.I.S' , . .S.TEVE ..................... of tim aforesaid building. Suffolk County Department of l'{ealth Approval ..... .iq../.R. UNDt'-'RWRIT£RS CERTIFICATE NO .............. [',! ,( i~ ...... I~ev. 1/81 Building Inspector _QUES~IO,,,,Ai'RE TO BE COMPLETED AND SUBMITTED WITH YOUR APPLICATION FORMS TO TIlE [~OARD O-F--A-F-PEALS 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? e Yes Are there any areas which contain wetland grasses? (Attached is a list of the wetland grasses defined by ~,~n Code, Ch. 97 for your reference.) Yes there any areas open to a waterway without bulkhead? Yes Are there existing structures at or below ground level such as patios, foundations, etc? ' (~ Are theFe a~y<e~s.ti~n or proposed fences, concrete barriers, ~J~~? If project is proposed for an accessory building or structure, is total height at more than 18 feet above average §round' level? State ~otal: ft. Yes If project is proposed for principal building or structure, is total height at more than 35 feet above average §round 1'-~-~17 State total: ft. Yes Are there other premises under your ownership abutting this parcel? If.yes, please submit copy of deed. Yes ~) Are there any building permits pending on this parcel (or abutting land under your ownership,-if any)~ State Permit # and Nature: ,. · Yes 9. 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 Tru'stees County Health Department Village' Of Greenport N.Y.S.D.E.C. Other 10. Is premises pending a sale or conveyance? o If yes, please submit copy of names or purchasers and conditions of sale. (from contract). ll. 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 a~ 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? 13. Please list present use or operatj~ons~conducted subject property at t.hi~ time ~$~_~(_. upon the and proposed ~,,,,~,,~.,.~.~(~.__ ' *Please submit photograph, s for-~-he record I · certi~ that the above statemen:s are true and a ' reii~c~/ b,m~m;he B~.~ ~/~n .... ~. .. . re being submitted ~~~~uU~~ring my application. . ~ u~ C'T cy uwner} t~u ~hor ~ ze~]g~n Yes _~~ Yes Yes Yes Yes Yes Yes Yes Yes for · C. § 97-13 WETLAN~)S § 97-13 TOWN -- Tho Town of Sout'hold. · TRUSTEES ~ Tho Board of Trustees of the Town of Southold. [Added 6-5-84 by L.L. No. 6-198.t] WETLANDS [Amended 8-26-76 by L.L. No. 2-1976; 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'lands lying beneath ti(Iai waters, which at mcan low title are covered by tidal water:~ to a maximum depth of five (5) fee't, including but. not limited to banks, bogs, salt mar~.h, Swamps, meadows, flats or other low lying lands subject to tidal uction; (2) Ail banks, bogs. meadows, fiats anti 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 cordgrass, high bush, cattails, groundsel, marshmallow and Iow march cordgrass; and/or IL (3) All land immediately ndjacent to a tidal wetl:md as defined in Subsection Al2) and lying within seven- fy-five (75) feet lundwurd of the m.:~t landw;tbd edge of such a tidal wetlund. FRESIIWATER WETLANDS: (I) "Freshwater wetlands" us defined in Art[cie 2.1, Tb tie 1, ~ 2-t-0107, Subdivisions l(a) to lid} inclusive, of the Environmenud Conservation Law of the State of New York; and (2) All land {mmedtutely adjacent to a "freshwater wet- land," as defined in Subsection I~(1) ami ]3qng with~ in seventy-five (75) feet landward of the most laod. ward edge of a "fFoshwalcr wetland." 9705 2-25.83 "t