HomeMy WebLinkAbout3570
Southold Town Board of Appeals
~..~..-tvI~I~~.lJ-T-,~TE ROAD 2.5 SOUTHOLD, L.I.. N.Y. 11971
TELEPHONE (516) 765-1809
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 3570
Application Dated October 2],
TO: Mr. Paul Henry
236 North Road
Greenport, NY 11944
1986
[Appellant(s)]
At a Meeting of the Zoning Board of Appeals held on January 8, ]987,
the above appeal was considered, and the action indicated below was taken
on your [ ] Request for Variance Due to Lack of Access to Property
New York Town Law, Section 280-a
[×] Request for Special Exception under the Zoning Ordinance
Article III, Section ]00-30(B)[]6]
[ ] Request for Variance to the Zoning Ordinance
Article , Section
[ ] Request for
Application of PAUL HENRY for a Special Exception to the Zoning
Ordinance, Article III, Section 100-30(B)[16] for permission to estab-
lish "Bed and Breakfast Use," "an owner-occupied building, other than
a hotel, where lodging and breakfast is provided for not more than
six casual, transient roomers, and renting of not more than three
rooms. Location of Property: 236 (68555 C.R. 48) North Road,
at intersection with McCann Lane, Greenport, NY; County Tax Map
District 1000, Section 033, Block 05, Lot 13.1.
WHEREAS, a public hearing was held and concluded on November
1986 in the Matter of the Application of PAUL HENRY, Application
No. 3570; and
20,
WHEREAS, at said hearing all those who desired to be heard
were heard and their testimony recorded; and
WHEREAS, the board has carefully considered all testimony and
documentation submitted concerning this application; and
WHEREAS, the board members have personally viewed and are
familiar with the premises in question, its present zoning, and
the surrounding areas; and
WHEREAS, the board made the following findings of fact:
1. By this application, applicant requests a Special Exception
under the Provisions of Article III, Section 100-30(B)[16] of the
Zoning Code for a "Bed and Breakfast" establishment, with owner-
occupancy, for rental of three bedrooms to not more than six casual,
transient roomers in an existing single-family dwelling.
2. The premises in question is a 2.7±-acre parcel located at
the north side of Middle Road (C.R. 48) and the east side of McCann
Lane at Greenport, Town of Southold, and is more particularly
identified on the Suffolk County Tax Maps as District 1000, Section
33, Block 5, Lot 13.1.
3. The subject premises is improved with the following
structures as more particularly shown by survey prepared July 31,
(CONTINUED ON
PAGE TWO)
DATED: January 8, 1987.
Form ZB4 (rev. 12/81)
CHAIRMAN, SOUTHOLD TOWN
OF APPEALS
ZONING BOARD
Page 2 - Appeal No. 3570
Matter of PAUL HENRY
Decision Rendered January 8,
1987
1985 for Irwin and Tamara Wieder by Roderick VanTuyl, P.C: (a)
single-family, one-story and 1½-story frame dwelling; (b) one-
story frame building containing two-dwelling units. [See building
permit #12410 issued 7/8/83 for conversion of barn to two-dwelling
units and prior Z.B.A. Appeal No. 2098 rendered 2/5/76.]
4. The subject premises is located in the "A-80" Residential
and Agricultural Zoning District. For the record it is noted that
the applicant purchased the subject premises in November 1985,
and a Certificate of Nonconforming Premises No. Zl1769 was issued
July 8, 1983 by the Building Department to William A. Jacobs
(prior owner).
5. On July l, 1986, Local Law No. 5-1986 - "Bed and Breakfast
Use" was adopted by the Southold Town Board.
6. The existing
the applicant for the
Breakfast and present
circumstances.
"stone" driveway area has been depicted by
area proposed for parking by the Bed and
uses which appears sufficient under the
7. It is the position of this Board that it is the intent
of Local Law No. 5-1986 to permit a "Bed and Breakfast" use in
a zoning district which conforms to the regulations proscribed
for that zoning district.
8. The subject premises received a variance allowing a
third nonconforming dwelling unit during 1976. In May 1983,
the minimum lot area requirement was increased from 40,000 sq.
ft. to 80,000 sq. ft. The premises contains a total area
of 2.7±-acre, or 117,600± sq. ft., and is occupied by three
dwelling units. A two-family status by Special Exception
approval requires a minimum of 160,000 sq. ft. of lot area.
The uses of the subject premises do not conform to the
requirements for this zoning district. The granting of
the Bed-and-Breakfast Use would create an over-intensifi-
cation of uses for this parcel, which would be injurious
to the neighborhood or community plan. The present three-
dwelling use status of this property appears to be the
highest and best use of the property, and it is the under-
standing of the Board that the "Bed and Breakfast" use is
being requested in addition to the )resent nonconforming
uses of the premises.
9. The Board members
[a] through [1] of Article
Zoning Code in making this
have also considered subsections
XII, Section 100-121(C)[2] of the
determination.
Accordingly, on motion by Mr. Douglass, seconded by
Mr. Sawicki, it was
RESOLVED, to DENY the Special Exception applied under
Application No. 3570 in the Matter of PAUL HENRY.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Doyen, Douglass and Sawicki. This resolution was unanimously
adopted.
lk
i.~ERARD P GO£HRING[~, CHAIRMAN
january 13, 1987
NOTICE OF HEARINGS
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town
Law and the Code of the Town of Southold, the following public
hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at
the Southold Town Hall, Main Road, Southold, NY at.a Regular
Meeting commencing at 7:30 p.m, on THURSDAY, NOVEMBER 20, 1986
and as follows:
7:35 p.m. Appeal No. 3573 MARGARET AND JOSEPH BEST.
Variance to the Zoning Ordinance, Article III, Section 100-32
for permission to locate accessory garage structure in the
frontyard area at premises located on the south side of a
private right-of-way extending off the east side of Camp Mineola
Road, Mattituck, NY; County Tax Map Parcel No. 1000-123-06-17.
7:40 p.m. Appeal No. 3571 MARGARET AND JOSEPH BEST.
Variance to the Zoning Ordinance, Article XI, Section 100-119.2
for permission to construct addition at the southerly side of
existing dwelling with insufficient setback from the bulkhead
along tidal water area and insufficient setback from the rear
property line at premises located on the south side of a private
right-of-way extending off the east side of Camp Mineola Road,
Mattituck, NY; County Tax Map Parcel No. 1000-123-06-17.
7:45 p.m. Appeal No. 3568 - STAMATIOS AND ALENI RAPANAKIS.
Special Exception to the Zoning Ordinance, to establish one
accessory apartment in the existing dwelling structure in
accordance with the requirements of Article III, Section lO0-30(B)
subsection [15]. Location of Property: 2030 Boisseau Avenue,
Southold, NY; County Tax Map District 1000, Section 55, Block 6,
Lot 40.
7:50 p.m. Appeal No. 3569 - BOATMEN'S HARBOR MARINA.
Variance to the Zoning Ordinance, Article XI, Section 100-119.2
for permission to construct addition to existing dwelling with
an insufficient setback from existing bulkhead. Location of
Property: 3350 West Creek Avenue, Cutchogue, NY; County Tax
Map District 1000, Section 110, Block 01, Lot 12.
7:55 p.m. Appeal No. 3572 - MICHAEL AND JOYCE MATTES. Special
Exception to the Zoning Ordinance, Article III, Section 100-30-
(B)[16] for permission to establish "Bed and Breakfast Use," "an
owner-occupied building, other than a hotel, where lodging and
breakfast is provided for not more than six casual, transient
roomers, and renting of not more than three rooms. Location of
Property: 50 Luthers Road, Mattituck, NY; County Tax Map
District 1000, Section 113, Block 03, Lot 7.
8:00 p.m. Appeal No. 3565 FRANK FIELD REALTY INC.
Variance to the Zoning Ordinance, Article III, Section 100-3
0
N
Page 2 Notice of Hearings
.Southold Town Board of Appeals
Regular Meeting - November 20,
1986
for permission to establish two-family dwelling use on a parcel
of land containing less than 160,000 sq. ft, in area, 270 ft.
lot width, 400 ft. lot depth, and with insufficient frontyard,
sideyard, and rearyard setbacks. Location of Property: 320 Linnett
Street, Greenport, NY; Map of Greenport Driving Park #369, Lots
#71 and #72; County Tax Map District 1000, Section 48, Block 2,
Lot 36,1.
8:05 p.m.. Appeal No. 3566-SE. FRANK FIELD REALTY INC. Special
Exception to the Zoning Ordinance, Article III, Section lO0-30(B)
for permission to establish two-family use at premises referred to
as 320 Linnett Street, Greenport~ NY; Map of Greenport Driving
Park #369, Lots #71 and #72; County Tax Map District 1000, Section
48, Block 2, Lot 36.1.
8:10 p.m. Appeal No. 3570-SE - PAUL HENRY. Special Exception ~
to the Zoning Ordinance, Article III, Section 100-30(B)[~6] for /
to establish "Bed and Breakfast Use," "an owner-occupied/
permission
building, other than a hotel, where lodging and breakfast is
provided for not more than s'~ , ' roomers, and \
ef ne~ m~>r-e--t-t~three'~ rooms~ Location of Property: ~
~ad Mattituc~, ~'" .... !OOO, Soctiv,,-1-1-~3,
.... , ~uu,,~y ,o^ ~.~ap District ~'-
Block 03, Lot 7.
8:15 p.m. Appeal No. 3576 - BARBARA D. SCHRIEVER. Application
to withdraw Variance conditionally approved under Appeal No: 3393
on September 26, 1985, and to reinstate in full the 1969 Variance
conditionally approved under Appeal No. 1260, permitting the use
of a 5,600 sq. ft. existing building for storage and repair of
contractor's machinery and equipment. Location of Property:
West Side of Tabor Road, Orient, NY; County Tax Map District 1000,
Section 18, Block 05, Lot 12. "B-light" Business Zoning District.
8:20 p.m. Appeal No. 3552 - JOHN SENKO. Reconvene hea~ing
concerning Variance for shopping center use in this B-1 General
Business Zoning District containing 30,084 sq. ft. in lot area.
Location of Property: Intersection of Ackerly Pond Lane and North
Side of Main Road, Southold; County Tax Map District 1000, Section
70, Block 7, Lot 1.
8:40 p.m. Appeal No. 3574 '
the Zoning Ordinance, Article III,
and Article XI, Section 100-119.2,
DR. JOHN LORETO. Variance to
Sections 100-30 and 100-32,
for permission to construct
Page 3 - Notice of Hearings
Southold Town Board of Appeals
· Regular Meeting November 20,
1986
storage building with an insufficient setback from bluff along
Long Island Sound for storage purposes accessory and incidental
to the existing dwelling adjacent to these premises. Location
of Properties: Lots #3 and #2, Map of Vista Bluff #5060;
North Side of Glen Court, Cutchogue, NY; County Tax Map District
1000, Section 83, Block 1, Lots 9 and 8.
8:55 p.m. Appeal No. 3562 - ANA G. STILLO. Variances:
(1) to the Zoning Ordinance, Article III, Section 100-31, for
approval of insufficient lot area, width and depth-of three
parcels in this pending Minor Subdivision, and (2) to New York
Town Law, Section 280-a for approval of access over private
right-of-way extending from the north side of Main Road to the
premises in question. Location of Property: At the north end
of private right-of-way (a~onglands of B. Brokaw), North Side
of Main Road, Orient, NY; County Tax Map District lO00,_Section
14, Block 2, Lot 26, containing 3.2 acres total.
9:05 p.m. Appeal No. 3519 - STEVEN SANDERS & ANO. Variance
to the Zoning Ordinance, Article III, Section 100-31 for approval
of insufficient lot area, width and setbacks in this pending
set-off division of land. Location of Property: Private
Right-of-way located off the north side of Bay View Avenue,
Mattituck, NY; County Tax Map District 1000, Section 106,
Block 06, Lot 36.
The Board of Appeals will hear at said time and place all
persons or representatives desiring to be heard in each of the
above hearings. Written comments may also be submitted prior
to the conclusion of the subject hearing. For more information,
please call 765-1809.
Dated: November 3, 1986. BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRINGER, CHAIRMAN
Linda Kowalski, Board Secretary
ATTENTION NEWSPAPERS: Please publish THURSDAY, NOVEMBER 13, 1986
and forward 13 Affidavits of publication on or before November 17,
to: Board of Appeals, Main Road, Southold, NY 11971.
OF SOUTHOLD, NEW YORK
APPLICATION FOR SPECIAL EXCEPTION
TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK:
Application No. x~-~-~~:)
Date Filed: / 0/~//~o~
] (Residence, House No. and Street)
~- '~Hamle't, Btate, Z~p Code, Telephone Number~
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 (and as shown on
the attached plan drawn to scale):
A. Statement of Ownership and Interest.
~(SCbk/ ~ . ~Y~ is(are) the owner(s) of
property known and referred to as!
(House No., 'S'{~eet, Hamlet)~
identified on the Suffolk County Tax Maps as District lO00, Section ~, Block ~5 ,
Lot(s) ~ ......" ~ which is not (~S~) on a subdivision Map (Filed ,
"Map of · ~ ~ -- "Filed Map 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 '7~YL~p~¢~.~.~ }~ ·
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, The property which is the subject of this application is zoned g-~P~Mm~.~L and
[~ ~.s cowi~en~ with the use(s) described in the Certificate of Occupancy being
furnished herewith.
L ] 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 YORKi ss.:
~ ~,/~ .~ (Signature)
Sworn to before me this2-! day~ ~f ~/~ /~/~! ~, 19~.
-~,o,]. ru~6 0F N~W YORK
,,s No. 52-9366350
~Y Corem ssien ~xpires 1~19~
/o o o-~4x-~"-V,~./ TOWN OF SOUTHOLD PROPERTY RECORD CARD
OWNER J STR~-ET VILLAGE DIST. SUB. LOT
~Y ~.( . i~~ , . ~
FOYER OWNER ~ ' ~C~ ' ~,&7~ ~ / ~
LAND
AGE
NEW
FARM
TOTAL [DATE [REMARKS
NORMAL
BELOW ABOVE
Tillable 1
Tillable 2 l
I illable 3 I
Woodland
qwampland
3rushland
louse Plot
Value Per Value
Acre
· FRONTAGE ON WATER
FRONTAGE ON ROAD
J DEPTH
!BULKHEAD
DOCK
COLOR
TRIM
]<~, ~,- ..... - I - I ;; f .. ~F~ndation .~ Bath ~ )inette
M. Bldg.
- iBasement Floors ~ -~.~.~... ~z.. K.
Extension
'~' ~ '~' ' ' ''~ / ~ ~:; : ~ ~ Interior Finish "~* ' ~ ER.
Ext~nsi~ ¥~ ,v z; Z~:: J~3 ~ ¢~ ,' [ Fire Place .,/ . ffeat DR.
Type Roof ~ ;: ,- Rooms ]st Floor BR.
~,,,., r Recreation Room Rooms 2nd Floor FIN. B.
Por~ Dormer
Breezeway ]Driveway
~rage
I''''~: ~ ~ ~ ~.~o- ~
Z Patio~
Total
Southold Town Board of Appeals -27- March 5, 1987 Regular Meeting
REQUEST FOR RECONSIDERATION: Appl. No. 3570-SE - PAUL HENRY.
the Board members reviewed the recent request of Mr. Henry
received February 23, 1987 for reconsideration of the recent
denial of the Special Exception ap'plication for "Bed and
Breakfast" use. None of the Board members would offer a
motion to rehear or reopen the hearing. It was the consensus
of the Board members accordingly that a rehearing could not be
held. The Chairman was authorized and directed to advise the
applicant of same.
NEW REVIEW: Appeal No. 3618 - SUKRU ILGIN AND MINE PEKSEN
(and ~'~ean Holding Corp.). Variance for permission to establish
convenience store for retail sales in conjunction with gasoline
service station use at the south side of Main Road, Laurel.
On motion by Mr. Douglass, seconded by Mr. Goehringer, it
was
RESOLVED, that this matter be and hereby is authorized
and scheduled for public hearing to be held THURSDAY, APRIL 23,
1'987 before the Southold Town Board of Appeals, and
BE IT FURTHER RESOLVED, that the Southold Town Planning
Board input concerning the parking and site plan arrangement
be requested for consideration at the April 23, 1987.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Douglass, Doyen and Sawicki. This resolution was duly adopted.
REVIEW: Appeal No. 3614 ROBERT AND ETHEL SCHROEDER.
Interprea~Ton requested concerning premises located at the
south side of Main Road, East Marion, d/b/a Sound Shore
Excavating. Edson and Bruer, as Attorneys.
At this time, the information requested by our February ll,
1987 has not been received as requested concerning survey(s)
to show the following information:
(a) existing buildings;
(b) all uses being conducted upon the premises [inside
and outside];
(c) present egress, ingress, parking of customer vehicles,
parking of employee and other vehicles, storage areas, etc.
On February 20, 1987, a response was received from Edson
and Bruer indicating the the surveyor will prepare a survey as
requested, and Mrs. Moore requested a further clarification
as to how uses inside a building can be shown on paper.
(Continued on Page 28)
Z
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Southold Town Board of Appeals
MAIN RmAD- BTATE RDAD 25 c:r'IUTHI3LD, l.l., 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
March 24, 1987
Mr. Paul Henry
236 North Road
Greenport, NY
11944
Re: Your Letter Requesting Reconsideration of Appl. No. 3570
Dear Mr. Henry:
This letter will confirm that the Board Members have
considered your request received February 23, 1987, and
at a Regular Meeting held March 5, 1987, a motion to
rehear and reopen the above decision was not offered.
It was the consensus of the board members accordingly
that a rehearing could not be held.
Yoursj very tj~u~, ,* .~
GERARD P. GOEHRINGER
CHAIRMAN
lk
February 19,
1987
Paul Henry
236 North Road
Greenport, N.Y.
477-1226
11944
Gerard P. Goehringer
Chairman
Southold Town Board of Appeals
Main Road
Southold, N.Y. 11971
Certified Mail, Return Receipt Requested
In reference to: Appeal No. 3570 (Special Exception)
Dear Mr. Goehringer,
This letter is in response to the boards recent decision to
deny my application for a Bed and Breakfast use.
There are legitimate questions and concerns regarding Bed and
Breakfast in the town of Southold. It appears that the opponents are more
against the unknown then they are opposed to Bed and Breakfast per-say.
Clearly, there are important issues that need to be dealt with in order
for Bed and Breakfast usage to become more effectively defined.
I congratulate the board for their recent approvals of Bed and
Breakfast usage. Now Bed and Breakfast may be tried and proven to be an
asset to the town of Southold.
Typically, Bed and Breakfast establishments are viewed very favorably
by the community, adding charm and character to the neighborhood. The Bed
and Breakfast clientele are normally of the highest caliber. It is in this
light that I originally contemplated a Bed and Breakfast establishment.
The ~cCann Estate was built by the late Mr. McCann and is a landmark
to Greenport. It is graciously laid out with formal gardens and large brick
walls separating the living space from the neighborhood. I have nearly
three acres which serves to buffer and seclude the grounds from the
surrounding properties. The entrance to the estate is from the North
Read. I am three houses west of Porkys Restaurant, which is across the
street from a commercially zoned property which is going to be developed
in the near future. I am also very close to the Moores Lane project. In
addition, the heavy traffic on the North Road is a constant entity.
It is hard for me to imagine how a couple of more cars turning into
the entrance to my house on the North Road could be considered "injurious to
the neighborhood or community plan". (Are you aware that I have 1/4 and 1/3
acre parcels adjoining the rear of my property?) Once a guest is on my
property, there is sufficient buffer and seclusion to assure that nobody
in the neighborhood would notice any activity. Incidently, we currently
entertain a lot of friends, and it would not be a case of increased use
but a shift of who are our guests.
Ref: Appeal No. 3570
I understand that accessory apartments have become an issue for
Bed and Breakfast applicants. It is not accurate to group ali accessory
apartment situations together, especially in my case. The real issue
is density and some properties with accessory apartments are less dense
than other properties without them.
I think that it is appropriate to mention that I have owned
my home for a little over a year and have recently relocated my
family to Greenport full time. The two additional dwellings you mention
are contained in one building and rented by two families, at affordable
prices. The apartments are of the highest caliber and the tenants work for
Eastern Long Island Hospital and the Town of Southold respectively. Please
note from the survey included in my application that the apartments are
separate and distinct from the main house and include a private one-acre
yard for the exclusive use of the tenants. There is no need to change
this arrangement given the ample gardens, porches and patios north of the
main house that would be available to Bed and Breakfast guests (see survey).
I could accept the fact that the Town of Southold might not want
and Breakfast. But if Bed and Breakfast is to be allowed in the town of
Southold, than surely the McCann Estate is as suitable and qualified
to enjoy that privilege as any other property in this town.
Bed
The only thing that I am asking of the board is that they treat
my application in a manner consistant with recent decisions of the board
concerning Bed and Breakfast. Your recent approvals of Bed and Breakfast
applications included properties which are non-conforming uses, since the
properties do not meet the town of $outhold's two acre requirements. If the
board continues to act in an arbitrary and capricious manner you will leave
me no alternative but to pursue my legal remedies. I would much prefer an
amicable solution which would be in the interest of both parties. A
rehearing would be in order, for I have no changes to make to my original
application and re-submitting an identical application could serve no
purpose.
I would further note that unlike the Mattes' application which
generated so much neighborhood opposition, there were no objections from
any neighbors, to my application. To the contrary we have gotten full
support and encouragment from many of our immediate neighbors including
our tenants.
I would like to invite the board to "personally view" the layout
of my property first hand.
In closing, I would like to thank the board in advance for
their open-mindedness in reconsidering my application.
I await your response.
Very truly yours,
Paul Henry
Southold Town Board o£ Appeals
MAIN ROAD- STATE ROAD 2.~ SOUTHOLD, L.I., N.Y. 119'71
TELEPHONE {516) 765-1809
APPEALS BOARO
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI
January 30, 1987
Mr. Paul Henry
236 North Road
Greenport, NY 11944
Re: Appl. No. 3570 (Special Exception)
Dear Mr. Henry:
Transmitted herewith for your record is a copy of
the response from the Suffolk County Department of
Planning in accordance with the requirements of the
Suffolk County Charter.
Yours very truly,
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski
Enclosure
DEPARTMENT OF PLANNING
COUNTY OF SUFFOLK
Michael A. LoGrande
Acting County Executive
360-5513
January 20, 1987
Town of Southold
Zoning Board of Appeals
Applicant: Mr. Paul Henry
Mun. File No.: #3570
S.C.P.D. File No.: SD~87-1
Gentlemen:
Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County
Charter, the above referenced application which has been submitted to the
Suffolk County Planning Con,mission is considered to be a matter for local deter-
mination. A decision of local determination should not be construed as either
an approwal or disapproval.
Comments: Appears inappropriate as sufficient information has not been submitted
to demonstrate compliance with applicable special exception criteria.
Very truly yours,
Lee E. Koppelman
Director of Planning
GGN:mb
S/s Gerald G. Newman
Chief Planner
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, .IR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI
Pursuant to
Board of Appeals
the following to
Southold Town Board of Appeals
MAIN ROAD- I~TATE ROAD 25 $OUTHnLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
Article XIII o'f the Suffolk County Charter, the
of the Town of Southold, New York, hereby refers
the Suffolk County Planning Commission:
Variance from the Zoning Code, Article
Variance from Determination of Southold
Special Exception, Article III, Section
6pecial Permit
, Section
Town Building Inspector
100-30 (B)(16)
Appeal No.:3570 Applicant: Mc. Paul Henry
Location of Affected Land: 68555 CAR. 48, Greenport,
County Tax Map Item No.: 1000-033-05-13.1
Within 500 feet of:
Town or Village Boundary Line
NY
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 Mile of An Airport.
COMMENTS: Applicant is requesting permission to establish "Bed and
Copies of Town file and related documents enclosed for your
Dated: Jan, 15, 1987
Secretary, Board of Appeals
review.
Southold Town Board of
Appeals
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWlCKI
January 13, 1987
Mr. Paul Henry
236 North Road
Greenport, NY 11944
Re: Appeal No. 3570 (Special Exception)
Dear Mr. Henry:
Please find attached copy Of the recent findings and
determination-rendered by the Board of Appeals at our
Regular Meeting of January 8, 1987 for your file. The
original is simultaneously being filed with the Office
of the Town Clerk.
Yours very truly,
Enclosure By Linda
Copy of Decision to:
Building Department
Suffolk County Planning Commission
GERARD P. GOEHRINGER
CHAIRMAN
Kowalski
SO~OLD TOWN BOARD OF APPEALS
MATTER OF PAUL HENRY
THURSDAY, NOVEMBER 20, 1986, PUBLIC HEARING
8:50 p.m. Sp. Ex. No. 3570 - Public Hearing commenced in the
Matter of PAUL HENRY. Special Exception to establish "Bed and
Breakfast" use in not more than three rooms of existing single
family dwelling for not more than six casual, transient roomers.
68555 C.R. 48 (and 236 McCann Lane), Greenport.
The Chairman read the legal notice and application for the record.
CHAIRMAN GOEHRINGER: The special exception reads as follows:
for the issue of Bed and Breakfast indicating a survey plus a
parking plan it was referring to from R. Yah Iuyl, P.C. dated
July 31, 1985 indicating a rather large structure on the proper-
ty and a stoned or stoned driveway parking area° A building which
has presently 2 apartments in it. And I have a copy of the Suffolk
County Tax Map indicating this and surrounding properties in the
area. Is there somebody that would like to be heard?
MR. HENRY: I really have nothing to add to my application but I'll
be glad to answer any questions°
CHAIRMAN GOEHRINGER: You are Mr. Henry?
MR. HENRY: Yes sir.
CHAIRMAN GOEHRINGER: In view of the plans here, where is the en-
trance to the area that you're going to be using for the Bed and
Breakfast?
MR. HENRY: Well there must be 7 or 8 entrances to the house.
CHAIRMAN GOEHRINGER:
will be used as the
used. The bedrooms
to want...
So basically the separate part of the house
Bed and Breakfast. The entire house will be
are just very simply the areas you're going
MR. HENRY: I have actually a lot of options. What I'll probably
do is just, you can offset the Bed and Breakfast°
CHAIRMAN GOEHRINGER: That's what I was asking°
MR. HENRY: I have lots of house. I have lots of room.
CHAIRMAN GOEHRINGER: Ok. Alright. That's what is, will you be
using ....
MR. HENRY: This is my bedroom here and there is 2 bathrooms here
and a living room and a sitting room and a kitchen. The kitchen
will be a common area for the bedrooms to the west here. This,
we're considering turning into a common area for the Bed and Break-
fast guests and then we have 2 bedrooms upstairs which come right
down to the kitchen and all have their own entrance. Every room
has their own bathroom.
Page 2 - November 20, j~986
Public Hearing - Paul~nry
Southold Town Board of'Appeals
CHAIRMAN GOEHRINGER: So everything marked in blue is primarily
going to be utilized for the Bed and Breakfast.
MR. HENRY: Correct.
CHAIRMAN GOEHRINGER: Thank you°
MR. HENRY: Thank you.
CHAIRMAN GOEHRINGER: Is there anybody else that would like to
speak in favor of this application? Is there anybody that would
like to speak against the application? Questions from Board mem-
bers? Hearing no further questions, I make a motion closing the
hearing reserving decision until later. Thank you very much for
coming in.
Ail in favor - aye.
Southold Town Board Of Appeals -8-
February 5, 1976
PUBLIC HEARING: Appeal No. 2098 - 8:15 P.M. (E.S.T.)
upon application of Craig A. Richter a/c William Jacob,
North Road, Greenport, New York for a variance in accord-
ance with the Zoning Ordinance, Article III, Section 100-30
and Bulk Schedule for permission to occupy proposed dwelling
unit in existing building. Location of property: CR27 &
McCann Lane, Greenport, bounded on the north by Eastern Shores
Subdivision; east by Walter F. Sledjeski; south by North
Road; west by Eastern Shores and William Jacob. Fee paid
$15.00. t~-.~~.~
The Chairman opened the hearing by reading the applica-
tion for a variance, legal notice of hearing, affidavits
attesEing to its publication in the official newspapers, and
notice to the applicant. The Chairman also read letter from
the Town Clerk stating that Walter Sledjeski and Catherine
Whelan had been notified by certified mail of the request
for a variance.
THE CHAIRMAN: On the William Jacobs portion of the
property a barn exists, pre-dating the Ordinance, in which
there has always been a caretaker's apartment.., later, it
was converted to a guest apartment. The premises consist of
2.3 acres.
THE CHAIRMAN: Is there anyone present who wishes to
speak for this application?
MR. CRAIG A. RICHTER: I am speaking in behalf of
Mr. William Jacob. There is not much I can add to what you
have stated. I think it has all the requirements for set-
backs and distances from other buildings. It is in an
existing building. The exterior of the building will not
be altered in any respect. I think it will enhance the area.
We will put in shrubs and dress up the barn.
THE CHAIRMAN: Is this bordering on McCann Lane?
MR. RICHTER: Yes. Also with the parcel is a piece
that he purchased after he purchased the main house. It
was purchased three years later.
MR. ROBERT BERGEN: Was th%t added to the acres?
MR. RICHTER: It was originally 2.15 acres but was in-
creased by one quarter acre. (referring to survey) .This
is the drainage area. That is a Town drainage area.
Southold Town Board of Appeals -9- February 5, 1976
THE CHAIR~kAN: This application was disapproved by the
Building Inspector on the following grounds: "This will be
third dwelling unit (2 in one building) on residential build-
ing lot". ~The Eastern Shores development occurred at the
time when it was legal to have 12,500 sq. ft. lots so this
area is surrounded by quarter acre lots. It is proposed to
increase the number of dwelling units to three and it is
planned to convert one end of existing barn to dwelling unit.
THE CHAIRMAN: Are there any other questions?
MR. ROBERT BERGEN: Is it just for summer use?
MR. RICHTER: That's all they plan to use it for.
go to Florida in the winter.
They
THE CHAIRMAN: We would want to assure that there is
enough land to go with the barn and We would suggest that
this barn shall not be sold with less than an acre of land.
THE CHAIRMAN: Is there anyone present who wishes to
speak against this application?
(There was no response.)
After investigation and inspection the Board finds that
applicant requests permission to occupy proposed dwelling unit
in existing building at CR27 & McCann Lane, Greenport. The
findings of the Board are that Eastern Shores development
was started at a time when it was legal to have 12,500 sq. ft.
lots so that this area is surrounded bY one quarter acre
lots. It is proposed to have three dwelling units on 2.3
acres by converting one end of existing barn to dwelling
unit.
The Board agrees with the reasoning of the applicant.
The Board finds that strict application of the Ordinance
would produce practical difficulties or unnecessary hardship;
the hardship created is unique and would not be shared by
all properties alike in the immediate vicinity of this property
and in the same use district; and the variance will not
change the character of the neighborhood, and will observe
the spirit of the Ordinance.
On motion by Mr. Gillispie, seconded by Mr. Hulse, it was
RESOLVED, Craig A. Richter a/c William Jacob, North Road,
Greenport, New York, be GRANTED permission to occupy proposed
dwelling unit in existing building located at CR 27 & McCann
Lane, Greenport, as applied for, subject to the following
conditions:
.Southold
Town Board of Appeals -10-
February 5, 1976
1. That the barn which is to be converted shall not
be sold or disposed of in the future with less than
an acre of land, 43,560 sq. ft.
2. Subject to suffolk county Planning commission approval.
vote of the Board: Ayes:- Messrs: Gillispie, Bergen,
Hulse, Grigonis.
PUBLIC HEARING: Appeal No. 2099 - 8:30 P.M. (E.S.T.)
upon application of Kenneth & Susan Lange, 1887 Newfield
Avenue, Stamford, Connecticut, for a variance in accordance
with the Zoning Ordinance, Article III, Section 100-30 and
Bulk Schedule for permission to set off lots with insufficient
area. Location of property: Private Roads: East Lane, North
Lane and South Lane, East Marion, N. Y., bounded on the north
by North Lane-Thorp; east by McCue-Senko; south by South Lane-
Gardiners Bay; west by East Lane-Zwanziger. Fee paid $15.00.
The Chairman opened the hearing by reading the application
for a variance, legal notice of hearing, affidavits attesting
to its publication in the official newspapers, and notice to
the applicant. The Chairman also read notice of certification
to: Mr. and Mrs. John J. Senko, Jr.; Mr. & Mrs. Frank R. McCue;
Mr. and Mrs. George Zwanziger.
THE CHAIRMAN: A survey describing the property is dated
December 12, 1975 and 'indicates that Lot No. 1 is on Marion
Lake and consists of .42 acres; Lot No. 2 consists of .42 acres
and is irregular in shape. Lot No. 3 consists of .41 acres
and has 105 feet on East Lane. South Lane provides access to
Lot No. 4 which consists of .62 acres. ~This lot is bulkheaded
on Gardiners Bay and the tie line shows as being 120.37 feet.
THE CHAIRMAN: Is there anyone present who wishes to
speak for this application?
MR. KENNETH LANGE: I am the applicant. Most of the
surrounding lots have dwellings on smaller than a third of an
acre. The prior owner purchased a couple of pieces of property
from Thorp and Edwards. He purchased this piece on East Lane.
Legal Notices
NOTICE OF HEARINGS
NOTICE IS HEREBY
GIVEN, pursuant to Section 267
of the Town Law and the Code of
the Town of Southold, the follow:
lng public hearings will be held
by the SOUTHOLH TOWN
BOARD OF APPEALS at the
Southold Town Hall, Main Road,
Southold, NY at a Regular Meet-
ing commencing at 7:30 p:ra on
THURSDAY, NOVEMBER
20, 1986 and as follows:
7:35 p.m. Appeal No. 3573 -
MARGARET AND JOSEPH
BEST. Variance to the Zoning
Ordinance, Article III, Section
100-32 for permission to locate
accessory garage structure in
the frontyard area at premises
located on the south side ora pri-
vate right-of-way extending off
the east side of Camp Mineola
Rea& Mattituck, NY; County
Tax Map Parcel No. 1000-123-
06-17.
7:40 p.m. Appeal No. 3571 -
MARGARET AND JOSEPH
BEST. Variance to the Zoning
Ordinance, Article XI, Section
100-119.2 for permission to con-
struct addition at the southerly
side of existing dwelling with in-
sufficient setback from the bulk-
head along tidal water area and
insuff~cient setback from the
rear property line at premises lo-
cated on the south side of a pri-
vate right-of-way extending off
the east side of Camp Mineola
Road, Mattituck, NY; County
Tax Map Parcel No. 1000-123-
06-17.
7:45 p.m. Appeal No. 3568
~TAMATIOS AND ALENI
[APANAKIS. Special Excep-
tion to the Zoning Ordinance, to
establish one accessory apart-
ment in the existing dwelling
structure in accordance with the
requirements of Article III, Sec-
tion 100-30(B~ subsection 1151.
Location of Property: 2030 Bois-
seau Avenue, Southold, NY;
County Tax Map District 1000,
Section 55, Block 6, Lot 40.
7:50 p.m. Appeal No. 3569 -
BOATMEN'S HARBOR MA-
RINA. Variance to the Zoning
Ordinance, Article XI, Section
100-119.2 for permission to con-
struct addition to existing dwell-
ing with an insufficient setback
from existing bulkhead. Loca-
tion of Property: 3350 West
Creek Avenue, Cutchogue, NY;
County Tax Map District 1000,
Section 110, Block.01, Lot 12.
7:55 p.m. Appeal No. 3572 -
MICHAEL AND JOYCE
MATTES. Special Exception to'
the Zoning Ordinance, Article
III, Section 100-30-1BI116] for
permission to establish "Bed and
Breakfast Use," "an owner-ocuc-
pied 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 6f Property: 50
Luthers Road, Mattituck, NY;
County Tax Map District 1000,
Section 113, Block 03, Lot 7.
8:00 p.m. Appeal No. 3565 -
FRANK FIELD REALTY
INC. Variance to the Zoning Or-
dinance, Article IlL Section 100-
31, for permission to establish
twodhmily dwelling use on a
parcel of lond containing less
than 160,01 t- ft. in area, 270
ft. lot wi& 00 ft lot depth,
and with insufficient thontyard,
sideyard, and rearyard setbacks.
Location of Property: 320 Lin-
nett Street, Greenport, NY; Map
of Greenpert Driving Park
#369, Lots #71 and #72; County
Tax Map District 1000, Section
48, Block 2,~Lot 36.1.
8:05 p.m. Appeal No. 3566-SE,
FRANK FIELD REALTY
INC. Special Exception to the
Zoning Ordinance, Article III,
Section 100-301Bt for permission
to establish two-thmily use at
premises referred to as 320 Lin-
nett Street, Greeniport, NY;
Map of Greenpert Driving Park
#369, Lots #71 and #72; County
Tax Map District 1000, Section
48, Block 2, Lot 36.1.
8:10 p.m. Appeal No. 3570-SE
- PAUL HENR~Y. Special Ex-
ception ,to the Zoning Ordinance,
Article III, Section 100-30~B~1161
for permission to establish "Bed
and Breakfast Use," "an owner-
occupied building, other than a
hotel, where lodging and break-
fast is provided for not more
than six casual, transient room-
ers, and renting of not more than
three rooms." Location of prop-
erty: 236 168555 C.R. 48~ North
Road, at intersection with
McCann Lane, Greenpert, NY;
County Tax Map District 1000,
Section 033, Block 05, Lot 13.1.
8:15 p.m. Appeal No, 3576 -
BARBARA D. SCHRIEVER.
Application to withdraw Vari-
ance conditionally approved
under Appeal No 3393 on Sep-
tember 26, 1985, and to
reinstate in I~11 the 1969 Vari-
ance conditionally approved
under Appeal No. 1260, permit-
ting the use of a 5,600 sq. ft.
existing building lbr storage and
repair of contractor's machinery
and equipment. Location
Property: West Side of Tabor
Road, Orient, NY; County Tax
Map District 1000, Section 18,
Block 05, Lot 12. "B-Light" Busi-
ness Zoning District.
8:20 p.m. Appeal No. 3552 -
JOHN SENKO. Roconvene
hearing concerning Variance fbr
shopping center use in this B-1
General Business Zoning Dis-
trict containing 30,084 sq. ft. in
lot area. Location of Property:
Intersection of Ackerly Pond
Lane and North Side of Main
Road, Seuthold; County Tax
Map District 1000, Section 70,
Block 7, Lot 1.
8:40 p.m. Appeal No. 3574 -
DR. JOHN LORETO. Vari-
ance to the Zoning Ordinance,
Article III, Sections lO0-ao and
100-32, and Article Xl, Section
100-119.2, for permission to eon-
struct storage building with an
insufficient setback from bluff
along Long Island Sound for
storage purposes accessory and
incidental to the existing dwell-
ing adjacent to the~ premises.
Location of Properties: I~ts #3
and #2, Map of Vista Bluff
#5060; North Side of Glen
Court, Cutehogue, NY; County
Tax Map District 1000, Section
83, Block 1, Lots 9 and 8.
8:55 p.m, Appeal No, 3562
ANA G. STILLO. Variances:
I 1 ~ to the Zoning Ordinance, Ar-
ticle III, Section 100-31, for ap-
proval of' insufficient lot area,
width and depth of'three parcels
in this pending Minor Subdivi-
sion, and 12t to New York Town
Law, Section 280-a Ibr approval
of access over private right-elk
way extending fi'om the north
side of Main Road to the prem-
Property: At the north end of
lands of B. Brokawl, North Side
of Main Road, Orient, NY;
County Tax Map District 1000,
Section 14, Block 2, Lot 26, con-
taining 32 acres total.
9:05 p.m. Appeal No. 3519 -
STEVEN SANDERS & ANO.
Variance to the Zoning Ordi-
nance, Article III, Section 100-
31 for approval of insufficient lot
area, width and setbacks in this
pending set-off division of land.
Location of Property: Private
Right-ol~way located off the
north side of Bay View Avenue,
Mattituek, NY; County Tax Map
District 1000, Section 106, Block
06, LOt 36.
The Board of Appeals will
hear at said time and place all
persons or representatives desir-
ing to be heard in each of' the
above hearings. Written com-
ments may also be submitted
prior to the conclusion of the
subject hearing. For more inlbr~
mation, please call 765-1809.
Dated: November 3, 1986.
BY ORDER OF
THE SOUTHOLD TOWN
BOARD OF APPEALS
DERARD P. GOEHR1NGER,
CHAIRMAN
Linda Kowalski,
Board Secretary
STATE OF NEWYORK )
) SS:
COUNTY OF SUFFOLK )
Carol Sgarlata of Greenport, in
said County, being duly sworn, says that he/she is
Principal Clerk of THE SUFFOLK TIMES, a Weekly
Newspaper, published et Greenport, in the Town
of Southold, County of Suffolk and State of New
York, and that the Notice of which the annexed is
a printed copy, has been regularly published in
said Newspaper once each week for
weeks successively, commencing on the I 3
day of
Principal Clerk
Sworn to before~he this ~
d,y .--c'_ 0
P ~ ~ ~k ~&~RY PUBLIC, State ~ ~,t~,,~ ~, ~
~ ~/~ -/~ ~- Suffolk ~un~ No 484:~ ::;_
fl / Te~m ~pir~ Februar~ ~
existing building for storage and
and~ipment. Location of
Prop~l'ty: West Side of Tabor
NOTICE OF HEARINGS
NOTICE IS HEREBY GIV-
EN, pursuant to S~etion 267 of
the Town Law and the Code of
%he Town of Southold, the
following public hearings will be
held by the ~
. N '5 D_ 9FcAPP~E_AL_S
at the~dtfio dl Town- Hal1,
Main Road, Southold, NY at a
Regular Meeting commencing at
7:30 p.m. on THURSDAY,
NOVEMBER 20~
foll6ws:
7:35 p.m. Appeal No. 3573-
~ Variance to the Zoning
ORilnance, Article III, Section
100-32 for permission to locate
accessory garage structure in the
frontyard area at premises
located on the south side of a
private right-of-way extending
off the east side of Camp
Mineola Road, Mattituck, NY;
County ~ Map Parcel No.
1000-123-06-17.
7:40 p.m. Appeal No. 3571-
MARGARET AND JOSEPH
B~ST. Variance to the Zoning
Ordinance, Article XI, Section
100-119.2 for permission to con-
struct addition at the southerly
side of existing dwelling with in-
sufficient setback from the
tion to the Zoning Ordinance,
Article 111, Section 100-30 (B)for
permission to establish two-
family use at premises referred
to as 320 Linnett Street, Green-
port, NY; Map of Greenport
Driving Park No. 369, Lots No.
71 and 72; County Tax Map
District, 1000, Section 48, Block
2, Lot 36.1.
8:10 p.m. Appeal No.
Special Exception to the Zoning
Ordinance, Article 111, Section
100-30(B)[16] for permission to
establish "Bed and Breakfast
Us~' "an owner-occupied
building, other than a hotel,
where lodg ng and breakfast is
provided for not more than six
casual, transient roomers, and
renting of not more than three
rooms." Location of Property:
236 (68555 CR 48) North Road,
at intersection with McCann
Lane, G~enport, NY; County
Tax Map District, 1000, Section
033, Block 05, Lot 13.1.
8:15 p.m. Appeal No. 3576-
BARBARA D. SCHRIEVER-
~draw
Variance conditionally approv-
ed under Appeal No. 3393 on
September 26, 1985, and to
reinstate in full the 1969
Variance conditionally approv-
ed under Appeal No. 1260, per-
m;ttln~ the ase of a 5,600 sq. ft.
Road, Orient, NY; County
Map District, 1000, Section 18,
Block 05, LOt 12. "B-Light"
Business Zoning District.
8:20 p.m. Aplbeai No. 3552-
JO~HN .SENKO. Reconvene
hearing concerning Yariance
shopping center use in this B-I
General Business Zoning
District containing 30,084 sq. ft.
in lot area. Location of Proper-
ty: Intersection of Ackerly Pond
Lane and North Side of Main
Road, Southold, NY; County
· Lx Map District, 1000, Section
70, Block 7, Lot I.
8:40 p.m. Appeal No. 3574-
~. Variance
to the Zoning Ordinance, Arti-
cle III, Sections 100-30 and
100-32, and Article Xl, Section
100-119.2, for permission to
construct storage building
with an insufficient set-back
from bluff along Long Island
Sound for storage purposes ac-
cessory and incidental to the ex-
isting dwelling adjacent to these
premises. Location of Proper-
ties: Lots No. 3 and No. 2, Map
of Vista Bluff No. 5060;
North Side of Glen Court, Cut-
chogue, NY; County Tax Map
District, 1000, Section 83, Block
1, Lots 9 and 8.
8:55 Appeal No. 3562- ANA
G. STILLO. Variances: (1) to the
n~ Ordinance, Article I11,
Section 100-31, for approval of
insufficient lot area, width and
depth of three parcels in this
pending Minor Subdivision, and
(2) to New York Town Law, Sec-
tion 280-a for approval of access
over private right-of-way exten-
ding from the north side of
Main Road to the premises in
question. Location of Property:
At' the north end of private
right-of-way (along lands of
Brokaw), North Side of Main
Road, Orient, NY; County
Map District, 1000, Section 14,
Block 2, LOt 26, containing 3.2
acres total.
9:05 p.m. Appeal No. 3519-
STEVEN SANDERS & ANO.
.u! aq; 117 ulnl pueq-tjaI
)1 poddots ~!tuod ~§, u~ gU!A!~p
;p.n~,~p~ l~!~!~ll~d 'm'd 0
~o~dd~ 1~ 'a~!lod Gl ~u!p~oaa¥
'p!es aG!lOd
(~p'mteS tSel gOl peot:t XlunoD
ue ~Z olno~[ JO uo!13as~atu!
! pa~maao uo!s!lloa ~-moj V
Pe°}l '~aA!M tu!p~A
~ ~[ao~ a~:eI ~ ql!~ pap!llOa llaqa
~ uaaolS l~q; p!es a~!lod "m'e
:Z lnoqe le ~al~[ al!q~ t~oqs
m'~ 0£:I ,~lalnm!xo~dde te ~p
lq.L lsat an~o0an~u c7'~mo~
sworn, says that she is the
IND TRAVELER-WATCHMAN,
at Southold, {n Suffolk County;
~ the annexed is a printed copy,
Long Island Traveler-Watchman
........... ff ....... weeks
the ff~-¥
. .~..'F:. "~.~..' .' .' .'~.< ...........
Public
iARBARA FORBES
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONI$, JR,
SERGE DOYEN, JR,
ROBERT J. DOUGLASS
JOSEPH H. SAWlCKI
Southold Town Board of Appeals
MAIN ROAD- BTATE: ROAD 25 SOUTHOLD, L.h, N,Y. ll'::J?l
TELEPHONE (516) 765-1809
TO WHOM IT MAY-CONCERN:
Concerning your recent application filed with our office, please
find enclosed a copy of the Legal Notice as published in the local and
official newspapers of the Town of Southold, to wit, the Suffolk Times
and the L.I. Traveler-Watchman indicating the date and time of your
public hearing.
Please have someone appear in your behalf at the time specified
in the event there are questions brought up during the public hear-
ing and in order to prevent any delay in the processing of your
application.
If you have any questions, or If you would like to review your
file prior to the hearing, please do not hesitate to either stop by our
office at the $outhold Town Hall, or by calling our secretary, Linda
Kowalski, at 765-1809 (or, if no answer, 765-1802).
Yours very truly,
Ik
Enclosure
GERARD P. GOEHRINGER
CHAIRMAN
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11cJ?l
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRiGONIS, .IR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
November 20, 1986
S.E.Q.R.A.
APPEAL NO.: 3570-SE
PROJECT NAME: PAUL HENRY
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 Envir6nmental 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 simil&r
project.
TYPE OF ACTION: [ ] Type II IX] Unlisted [ ]
DESCRIPTION OF ACTION:Egtablish "Bed and Breakfast Use" in owner
occupied building where lodging and breakfast is provided for not more than
'six casual, transient roomers, and renting not more than three rooms
LOCATION OF PROJECT: Town of Southoid, County of, Suffolk, more
particularly known as:236 North Rd., Greenport, NY 33-05-13
REASON(S) SUPPORTING THIS DETEI~MINATION:
(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 the premises and is
not directly related to new construction.
FOR FURTHER 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.
JUDITH T. TERRY
TOWN Ct. ER K
REGISTRAR OF VITAL STATISTICS
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
October 21, 1986
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
TELEPHONE
(516) 765-1801
TO:
Southold Town Zoning Board of Appeals
FROM: Judith T. Terry, Southold Town Clerk
Transmitted herewith is Zoning Appeal No. 3570 , application of Paul Henry
for a Special Exception. Also included is notification to adjacent
property owners; Short Environmental Assessment Form; Certificate of Occupancy
for Non-conforming Premises; and survey of property.
Judith T. Terry
Southold Town Clerk
Page 4 - Notice of Hearings (Notification
Southold Town Board of Appeals
Regular Meeting November 20, 1986
List)
Copies to the following 11/6/86:
Mr. and Mrs. Joseph Best, Camp Mineola Road, Box 609, Mattituck, NY 11952
Mr. and Mrs. Stamatio Rapanakis, North Bayview Road, Southold, NY 11971
Mr. Dennis Ketcham, Manager, Boatmen's Harbor Marina, 3350 West Creek Ave.,
Cutchogue, NY 11935
Mr. and Mrs. Michael Mattes, 50 Luthers Road, Mattituck, NY 11952
(P.O. Box 831)
Frank A. Field Realty, Inc., Box 631, Greenport, NY 11944
Mr. and Mrs. Paul Henry, 236 North Road, Box S, Greenport,
Charles R. Cuddy, Esq., Attorney for Mrs. B.D. Schriever
Esseks, Hefter, Cuddy & Angel, Box 279, Riverhead, NY
Stephen R. Angel, Esq., Attorney for Mr. J. Senko
Esseks, Hefter, Cuddy & Angel, Box 279, Riverhead,
Dr. and Mrs. John Loreto, Box 41, Cutchogue, NY 11935
Rudolph H. Bruer, Esq., Attn: Mrs. P.C. Moore,'Attorney for A. Stillo
Main Road, Southold, NY 11971
Rudolph H. Bruer, Esq., Att~: Mrs. P.C. Moore, Attorney for Sanders
and Schwartz, Main Road, Southold, NY 11971.
NY 11944
ll901
NY 11901
Town Clerk Bulletin Board
Z.B.A. Office Bulletin Board
Building Department
Z.B.A. Individual Files
Z.B.A. Board Members
Personal Delivery Suffolk Times and L.I. Traveler-Watchman
OF SOUTHOLD, NEW YORK
APPLICATION FOR SPECIAL EXCEPTION
TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK:
Application No.
Date Filed:
(Residence, House No. and Street)
Zip ~ode, /o~
/H~mlet, SPate, Tel~phonENumber)
hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with
the ZONING ORDINANCE, ARTICLE ,~ , SECTION /00- ~0~ , SUBSECTION /(j,
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 Interest.
m, is ) the ownT > of
property known and referred to
(Ho-use No., Street, Haml'et)
identified on the Suffolk County Tax Maps as District 1000, Section _¢~ , Block J" ,
Lot(s) /~.! , which is not J~i~) on a subdivision Map (Filed --,
"Map of "Filed Map 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. The property which is the subject of this application is zoned/J
[V~ is cmnsi~¢nZ with the use(s) described in the Certificate of Occupancy being
furnished herewith.
L ] 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 YORK} ss.: ~/.~./ ~-
., ~ ~ o/~ -(-Si gnature )
Swo?,n to befo~ this
/Aff~Ot arypubl i c )NO,,,,~s, ~nU~B~lOsu~oFik ~,¥O. RK
~'ZB2 (rev. 2/6/86)
My Commission Expires 'M'm'~'~, 19_.~
~ARD OF APPEALS, TOWN OF SOUTHOLD
CLL,LIn the Matter of the Petition of :
to the 8oard of Appeals of th,~o~ of Southold :
TO:
NOTICE
TO
ADJACENT
PROPERTY OWNER
YOU ARE HEREBY GIVEN NOTICE:
I. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold
to request a (Variance) ~1 rxception~(Special Permit) (Other) [circle choice]
).
2. That the property which is the subject of the Petition is located adjacent to your property and is des-
cribed as follows:
3. That the property which is the subject of such Petition is located in the following zoning district:
/
4. That by such Petition, the undersigned will request the following relief: /--~'~-
S. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are .ZLl:tJ.cle
[ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way.
6. That within five days from the date hereof, a written Petition requesting the relief specified above will
be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may 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
Bo:ird 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: t O/~-I/~:r~
Owners'Names: ~)c,~u~l ~v'~,/V'
Post Office Address
Po
PROOF OF MAILING OF NOTICF
ATTACH CERTIFIED MAIL RECEIPTS
ADDRESS
P 402
P 402 1~
P 402 104 ~
402 104 231
Ig
STATE OF NEW YORK )
COUNTY OF SUFFOLK ) ss.:
of ~' ~ ~ ,19 ~ ~ ' . - '~ Y the ~/ day
.... , ~ _ , ~eponent mai~eo a true copy of ~he Notice set forth on the re-
verse sloe nereoL directed to each of the above-named persons at the addresses set opposite ~h~r respective
name; that the addresses set opposite the names of said persons are the addresses of said persons as shown on
the current assmsment roll of the Town of Southold; that said Notices were mailed at the United States Post Of-
rice at " ; that said Notices were mailed to each of said persons by
(certified) (registered) mail.
Sworn to before me this ~/
/ / / ,~otarv Public
~ J0gEPH LAWRENCE TOWNS~b
NOTA~Y PUBLIC 0F NEW YORK
Residing in Suffolk Coun~
C/ks, No. 52-9366350
My O0mmiss~on ~pir~
(This side does not have to be completed on form transmitted to adjoining
property owners.}
[he ~.Y.S,.~[nvlronmenc~l (lualicy Hu¥ Act retlulres sub-
"-;::,'.. mission of tI form, and an environmen reviuw will be :.,
'-~' made by this ~oard before any action is ken. ' ....
r~.-b'~' :.'.],;-. ,. ,- ..' .
''~ ..... '" ' (a) In ~rder to answer ~he que~tion~ la =hl~ mhor% EAr 1~ ~s a~ed th~c th~
.r.,.-:,:,.:~' pre~arer will uae currently avallablm ~fo~tlcn conceding the ~roJ~c~ and
'...,. , ~b) l' a '
:' ,;Z? '..'~..~'.';.,~,' · . _~ ny que~,~om ha~ be~n answered Ye~ th~ Drotoc~ ~ ~
· :;;.F~"...'?'~'.',;.g'cc.-pleted ~nvlrc~en%al Asmes~men: Fo~ i= necessary. ' . .7.be sl~lf~ca~.:, am,d ~ .:~
· .<ks :,:,:1 .,.f,. .'"J.' ': i . . . ......'.~ ~ t:~?~ [?.:
. ',.j,., ,-~:.tf,4--~/.%~,,, · ~c),,~ all qua~t~on3 have been an~er~d No L: ~ l~kolv tko- -~- -;-','"'~:
' :;'./.';~-'~"L.;" .'," ;' ... ..: tO the project site or phx~lcal[y alter moreg
than 10 aore~ of land? , , .......
Will there be a major cha~ge to any unique or
3. WLll project alter or b~ve a large effect on
an exi..tlng body of water? . . · o . . . . · ·
&. Will project h4vo a potentially largo ~ on
W~I project si~iflcantly'effect drainage
6. Will project affect any t~ea~ened or endangered
plan~ or anLvnl ~peclcs? . . . . . · · ·
7. W~I project remit In a ma3or adverse effect on
8. W~i project have a zmJor effect on visual
9. Will project advermely ~pact any slto or
utc of hl~toric, pro-~lmtorlc. Or pal6ontologlcul
importance or any slto do~l~ato~ aa a
envirom~cn~l area b7 a local agency? · · ·
10. W~I project have a major effect on exiot~g or
future recreational opport~itioo? . .
11. Will project result !r mmJor traffic problems
12. Will project reg~arly cause objectionable acer:,
'Will project have any impact on pub}.lc health or
safety"
1L. Will project Affect %he existing co~zuni:7 by
al!r-oily casting a gt'cwth In ~ermnne~t popt~a-
period er have a ~ajor negative effect on
· Yee ._~ hto
--- Yee _%// f;o
Yes ~ No
TOWN OF SOUTIIOLD
OFFICE OF BUILDING INS1HZCTOR
TOWN ttALL
SOUTttOLD, NEW YORK
CERTIFICATE OF OCCUPANCY
NONCONFORMING PRI']MISES
THIS IS TO CERTIFY that the
/ / Land
/~/ Building(s)
I-x~ Use(s)
No. Z11769
July 8, 1983
located at 68555 North Road (County Road 48) Greenport
Street Hamlet
shoxvn on County tax map as District 1000, Section 033 , Block 05
Lot 013.1 , does{not,conform to the present Building Zone Code of the
Town of Southold for the following reasons: premises is located in an
Residential Zone, contains three (3)
as'additional, B/A Action #2098, on
'A'
dwellings, one of which permitted
2/5/76. Zoning allows one
dwelling on a single lot (Art. III, Sec. 100-30 A (1)). One-
story frame building is insufficiently set back from McCann Lane
(Art. III, Sec. 100-31 Bulk Schedule}.
On the basis of information presented to the Building Inspector's Office,
it has been determined that the above nonconforming /Z/ Land /Z/Building(s)
/Z/Use(s) existed on the effective date the present Building Zone Code of the
Toxin of Southold, and may be continued pursuant to and subject to the appli-
cable provisions of said Code.
IT IS FURTHER CERTIFIED that, based upon information presented to
the Building Inspector's Office, the occupancy and use for which this Certifi-
cate is issued is as follows: two separate single family dwelling
units (see B.P. #124~0Z for third dwelling unit.)
The Certificate is issued to
of the aforesaid building.
William A. Jacobs
(owner, ~essee'
Suffolk County Department of Health Approval no record
UNDERWRITERS CERTIFICATE NO.
no record
NOTICE IS HEREBY GIVEN that the owner of the above premises H_iS
NOT CONSENTED TO AN INSPECTION of the premises by the Building Inspec-
tor to determine if the premises comply with all applicable codes and ordin-
ances, other than the Building Zone Code, and therefore, no such inspection
has been conducted. This Certificate, therefore, does not, and is not intended
to certify that the premises comply with all other applicable cod~s and regula-
tions.
.
~,uildln~_ Lns pe ctor