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HomeMy WebLinkAbout3586 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L,I., N.Y, 119'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS App]. NO. 3586 Application Dated December ], TO: Mr. and Mrs. Robert Dier 355 Terry Lane Southold, NY 11971 1986 [Appellant (s) ] At a Meeting of the Zoning Board of Appeals held on June ]0, ]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(8)[]6] [ ] Request for Variance to the Zoning Ordinance Article , Section [ ] Request for Application of ROBERT AND HELEN DIER for a Special Exception to the Zoning Ordinance, Article III, Section 100-30(B)[16] for permission to establish "Bed and Breakfast Use," an owner-occupied building, other than a hotel, where lodging and breakfast is provided for not more than six casual, transient roomers, and renting of not more than three rooms, in conjunction with present single-family use and accessory apartment use established under Appl. No. 3597 March 5, 1987. Location of Property:_ 355 Terry Lane, Southold, NY; County Tax Map Parcel No. lOOO-65 o, WHEREAS, in the Matter No. 3586; and a public hearing was held and concluded on May 21, 1987, of the Application of ROBERT AND HELEN DIER under File 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, applicants request a Special Excep- tion for a "Bed and Breakfast" Establishment, with owner-occupancy, for the rental of two 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 use of the existing dwelling, provided for by Article III, Section 100-30(B)[16] of the Zoning Code, in addition to and in conjunction with an existing Accessory Apartment use. 2. The premises in question is located in the "A" Residential and Agricultural Zoning District, containing a lot area of 27,500± (CONTINUED ON PAGE TWO) DATED: June 10, 1987. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appl. No. 3586-SE Matter of ROBERT AND HELEN DIER Decision Rendered June 10, 1987 sq. ft. with frontage along the east side of Terry Lane of 100 feet. The subject premises is improved with a single-family, split-level frame dwelling structure with attached garage structure, as more particularly shown on sketch prepared by applicants under consider- ation. 3. The subject premises is more particularly identified on the Suffolk County Tax Maps as District 1000, Section 65, Block 7, Lot 20. 4. By action of this Board March 5, 1987, a Conditional Approval was rendered under Application No. 3597 for an Accessory Apartment, established under the Provisions of Article III, Sec- tion 100-30(B)[15] of the Zoning Code. It is also noted for the record that Certificate of Occupancy No. Z7701 was issued June 6, 1977 to Robert Dier for a "private one-family dwelling and garage" pursuant to Building Permits No. 6382Z and 7395Z concerning this property. 6. By Local Law No. 2 1987, Section lO0-30(B)[16], subparagraph (b) was added providing, "No accessory apartment, as authorized by Section 100-30B(15) hereof, shall be permitted in or on premises for which a bed and breakfast facility is authorized or exists." 7. By Local Law No. 1 1987, Section lO0-30(B)[15], subparagraph (q) was added provided, "No bed and breakfast facilities, as authorized by Section 100-30B(16) hereof shall be permitted in or on premises for which an accessory apartment is authorized or exists." 8. In May 1983, the Zoning Code Bulk Schedule was amended to require a minimum lot area of 40,000 sq. ft. to 80,000 sq. ft. The subject premises contains a total area of 27500+ sq. ft. and is occupied by one single-family dwelling unit and one accessory apartment. The present lot area of this parcel is nonconforming. The granting of an additional use for a "Bed and Breakfast" Establishment would create an over-inten- sification of uses for this parcel, which would be injurious not only to the neighborhood but the community plan. The present uses of this property is at a maximum, being the highest and best use of the property. The "Bed and Break- fast" Establishment being requested by this application is in addition to those existing uses, and is in effect an increase in "density" requiring an additional minimum lot area of 80,000 sq. ft. 9. It is the position of this Board that the applica- tion does not conform with the standards of the zoning ordinance a~s applie~ on this 27,500± sq. ft. parcel, and accordingly is not in harmony with and will not promote the general purposes and intent of zoning. In considering this application, the Board Members have also considered subsections [a] through [1] of Article XII, Section 100-121(C)[2] of the Zoning Code, and find and determine: (a) the use will of adjacent properties tricts; prevent the orderly or of properties in and reasonable use adjacent use dis- Page 3 - Appl. No. 3586-SE Matter of ROBERT AND HELEN Decision Rendered June 10, DIER 1987 (b) the use will present the orderly and reasonable use of permitted or legally established uses in this residential and agricultural zoning district, or of permitted or legally established uses in adjacent use districts; (c) the safety, health, welfare, comfort, convenience or order of the town will be adversely affected by the proposed use and its location; (d) the use will not be in harmony with and promote the general purposes and intent of zoning. Accordingly, on motion by Mr. Douglass, seconded by Mr. Sawicki, it was RESOLVED, to in the Matter of File No. 3586. DENY the Special Exception use as applied the Application of ROBERT AND HELEN DIER, Vote Grigonis absent.) of the Board: Ayes: Messrs. Goehringer, Douglass, and Sawicki. (Member Doyen of Fishers Island was This resolution was duly adopted. lk GERARD P. GOEHR] NGER, June ~, 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 a Regular Meeting at the Southold Town Hall, Main Road, Southold, New York, on THURSDAY, MAY 21, 1987, at the following times: 7:35 p.m. File No. 3624 - ERNEST TARMIN. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to construct accessory structures with a setback of less than 100 feet from bluff/bank along the Long Island Sound. Location of Property: Right-of-way off the north side of Main Road, Orient, NY; County Tax Map Parcel ID No. 1000-14-2-1.1. 7:40 p.m. File No. 3625 - PUDGE CORP. Special Exception to the Zoning Ordinance, Article VIII, Section lO0-80(B) for permission to construct one-story "mini-storage" buildings in this "C-Light" Industrial Zoning District. Location of Property: East Side of Horton's Lane, Southold, NY; County Tax Map Parcel ID No. 1000-63-01-10. 7:45 p.m. File No. 3626 - NORTH FORK EARLY LEARNING CENTER. Special Exception to the Zoning Ordinance, Article III, Section 100-30(B)[3] for permission to establish private (nurser~) school [or day-care center], as a nonprofit organization, at premises referred to as the "Veterans Community Center," north side of Pike Street, east side of Wickham Avenue, and south side of Hill Street, Mattituck, NY; County Tax Map Parcel ID No. 1000-140-2-39. 7:50 p.m. File No. NORTH FORK EARLY LEARNING CENTER. Variance to the Zoning Ordinance, Article III, Section 100-30(B)[3] subsections (a) and (d), for permission to establish nonprofit private (nursery) school [or day-care center] within existing building which is set back less than 50 feet from Pike Street, and upon premises having less than five or more acres, referred to as the "Veterans Community Center," north side of Pike Street, east side of Wickham Avenue, and south side of Hill Street, Mattituck, NY; County Tax Map Parcel ID No. 1000-140-2-39. 7:55 p.m. File No. 3630 - JOHN KRAMER AND WAYNE DePETRIS. Variance to the Zoning Ordinance, Article III, Section 100-60(C)[2] for permission to replace existing ground sign, the lower edge of Page 2 Notice of Hearings Southold Town Board of Appeals Regular Meeting May 21, 1987 which shall be less than four feet above the ground. Location of Property: 54985 Main Road, Southold, NY; County Tax Map Parcel ID No. 1000-62-1-5. 8:00 p.m. File No. 3629 IRWIN AND SONDRA THOMPSON. Variance to the Zoning Ordinance, Article VI, Section 100-62(E) and Article VII, Section 100-71, for approval of an insufficient sideyard setback to an existing structure and proposed new structure resulting from an alteration in the location of lot line of abutting parcel to the east. Zone District: "B-1 General Business." Location of Property: Corner of north side of Main Road and east side of Boisseau Avenue, Southold, NY (Thompson's Emporium); County Tax Map Parcel ID No. 1000-63-03-08. 8:05 p.m. File No. 3586 - ROBERT AND HELEN DIER. Special Exception to the Zoning Ordinance, Article III, Section lO0- 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, in conjunction with present single-family use and accessory apartment use established under Appl. No. 3597 March 5, 1987. Location of Property: 355 Terry Lane, Southold, NY; County Tax Map Parcel No. 1000-65-7-20. 8:15 p.m. File No. 3439 - ARNOLD AND KAREN BLAIR. Variances to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient area and width of two proposed parcels in this pending division of land located at Cedar Lane (and Pine Place), East Marion, NY; "Map of Section 2, Gardiners Bay Estates" Map No. 275, Lots 156, 157, 158, 159, 160, 167 thru 172, inclusive, 151, 153; County Tax Map Parcel No. 1000-037-7-10.2. 8:20 p.m. File No. 3543 - PETER AND BARBARA HERZ. Variances to the Zoning Ordinance, Article XI, Section 100-119.2 for permis- sion to locate new single-family dwelling with insufficient setbacks from existing bulkhead and from highwater areas along Midway Inlet and Hog Neck Bay, premises referred to as 70 Cedar Point Drive, Southold, NY; Cedar Beach Park Map, part of Lots 152 and llO; County Tax Map Parcel No. 1000-90-02-13.1. ~8~,~5 p.m. Fl~~412 - BENJA~ HERZWEIG and ~ILLIAM MOOR~E. V'a~ance~>~he Zo~ng Ordinance, Article XI, Section 100-119.2 fo]]~l~rmission to locate new single-family dwelling with ~n ~l~l~nt setback from nearest wetland grasses/areas. Locat/~ of Proper~,, East Side (#375) Meadow Lane, Mattituck, ~rcel O- lO0~-ll5- 5-00~/'-NY;~x~qaPNof MattituCkoE'~q~ates #4453, Lot 42; County Tax Map Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting May 21, 1987 The Board of Appeals will hear at said time and place all persons or representatives desiring to be heard in each of the above matters. Each hearing will not start before the time allotted. Written comments may be submitted prior to the con- clusion of the subject hearing. For more information, please call 765-1809. Dated: May ll, 1987. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary Copies to the following on or about 5/11/87: Suffolk Times (personal delivery) L.I. Traveler-Watchman (personal delivery) Town C~erk Bulletin Board Z.B.A. Office Bulletin Board Mr. Ernest Tarmin, Box 2043, Main Road, Orient, NY 11957 Mr. James L. Gray, Sr., President, Pudge Corp., 1040 Horton La, Sld, Mr. and Mrs. Glen Moller, North Fork Early Learning Center, Box 1053, Mattituck, NY 11952 NY 119 Mr. John J. Kramer P.O. Box 1406, Southold, NY 11971 Mr. Wayne DePetris .. . Jo~., J. ~dstis~ nnd M~s r^~ Philip J. Card~sq~ Mr. (At--t~rnP_y f__or Mrs. Donald Dean) Garrett A. Strang, R.A. (Agent for Thompson's Emporium), Main Road, Southold, NY 11971 Box 1412, Mr. and Mrs. Robert Dier, 355 Terry Lane, Southold, NY 11971 John M. Wagner, Esq., Box 279, 108 E. Main St., Riverhead, NY J. Kevin McLaughlin, Esq., 828 Front St., Box 803, Greenport, Rudolph H. Bruer, Esq., Main Road, Southold, NY 11971 (Attorney Patricia C. Moore, Esq. (Rudolph H. Bruer, Esq.), Attorney for Mr. and Mrs. Peter Herz, Main Road, Southold, NY 11971 J. Kevin McLaughlin, Esq. (Attorney for Mr. Blair) Box 803, 828 Front Street, Greenport, NY 11944 Richard J. Cron, Esq., Main Road, Cutcho9ue, NY 11935 William D. Moore, Esq., Clause Commons, Suite 3~ Box 23, (Herzweig & Moore Application) ZBA files ZBA Members with copies of files Building Department (Vic Lessard) Individual ll901 NY 11944 for Blair) Mattituck 11952 TRANSCRIPT OF HEARING APPL. NO. 3586SE ~ ROBER? AND HELEN DIER THURSDAY, MAY 21, 1987 8:22 p.m. Appl. No. 3586SE - Public Hearing commenced in the Matter of ROBERT AND HELEN DIE..R for a Special Exception by the Southold Town Board of Appeals 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 roomers (in conjunction with present accessory apartment and single- family dwelling use) at 355 Terry Lane, Southold, New York. The Chairman read the legal notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of the Suffolk County Tax Maps indicating this and surrounding properties in the area. I also have a sketch of a survey indicating a parcel of approximately 100 by 282 with a variable width on the other two sides which sits on the Great Peconic Bay and Terry Lane. And I'll ask you, Mr. Dier, if you would like to be heard? ROBERT DIER: Yes. On December 1st last year we applied for the Bed and Breakfast. On the 15th you asked that we make the apartment that we had there legal on the grounds. We've done that. We've taken all the time since then doing that, waiting for hearings. There was also hearings, inspections, compliance with inspections, we've done all the things--we've never wasted a minute. We just the other day got our approval. We are here today and back to our application for a Bed and Breakfast. We think we meet all the requirements that have been asked of other people that have been §ranted Bed and Breakfasts. Room size. Window size. Parking size. We have it all, I believe. If not, we can correct anything. In any other way we are legal as of the day we filed our appeal- we filed our application. Now there are going to be a lot of other people to talk here tonight, and I would like to say a couple of things before they do. It came as a kind of surprise the last time when I got up here, and we were all put under, oath. A 10t was said not only by a man here tonight under oath were not true but I mentioned it that night, but a lawyer who I thought would Page 2 Transcript of Hearing ZBA Appl. No. 3586 ROBERT AND HELEN DIER Thursday, May 21, 1987 I think would be a little bit more careful, who lied under oath. Now if he wants to explain why, he can explain why. He said things that were not true. Now if you want to put us under oath tonight, fine and dandy. We would be willing. But just be aware as was pointed out before, there was a lot of stuff that was said up here that was a lot of hogwash. So let's go ahead with it. CHAIRMAN: Thank you, sir., Is there anybody else to speak in favor of the application. In favor. HELEN DIER: Mr' Goehri'n§er and Members of the Board, my name is Helen Dier, and I would like to address the contents of a letter sent to you by an.attorney, Kevin McLaughlin, who represents Mr. and Mrs. Arnold Blair, who opposes my permit for a Bed and Breakfast. He says in his letter, "...Prior to the public hearing on the application for an accessory apartment, I personally spoke with Mrs. Dier regarding my clients' concerns about the over use of this property. Mrs. Dier assured me that, in the event the application for an accessory apartment was granted, the Diers would withdraw their application for a Bed and Breakfast use. Relying on that promise, my clients chose not to object to the application for an accessory apartment. Obviously, the Diers have failed to live up to their promise .... " I am here to tell you that I did not promise Mr. McLaughlin anything of the sort. As far as I recall, this is approxi- mately what I said. I called Mr. McLaughlin and told him I did not understand Mr. Blair's opposition to my apartment. He told me that the apartment and two rooms for bed and breakfast would bring too much traffic into the area. I did tell Mr..~cLaughlin that the hearing was for my apart- ment and not for the bed and breakfast, and that Mr. Blair had his nerve. I then told him that the Blairs rented a house and an illegal apartment just three feet from my property line all last summer. I have to know these people and they were nice. Nonetheless, there was 15 to 20 of them. Mr. McLaughlin said he would get back to me-and he did, to tell me that Mr. Blair dropped his opposition, and I said, "I wonder why," and I hung up. Mr. McLaughlin also states in the same letter that of the approximately six other bed and breakfasts filed, none had such Page 3 Transcript of ZBA Hearing Appl. No. 3586 - ROBERT AND HELEN DIER Thursday, May 21, 1987 MRS. DIER (continued): opposition from their neighbors. Mr. McLaughlin, you forgot the Mattes' application which had as much opposition as mine, and they were approved. On the other side of my home is another rental. Again, nice people. But so many at times that the big house cannot sleep them all. this is Mr. May's house. So they pitch a tent. Not children in the tent, mind you. Tell me again Mr. Blair and Mr. May that I will have a traffic jam on Terry Lane with my apartment and my bed and breakfast. If full, I would have seve~ people, incl.~ding my apartment, my husband and myself. And to the people who are represented by Pat Moore. I am curious as to why nothing was ever said about the traffic the Mays have had all these years. And the Blairs who rented to all these people last year. My bed and breakfast full would be two rooms, maximum of four people, mostly in the Summer, on weekends. Thank you very much. CHAIRMAN: Thank you, Mrs. Dier. All right, is there anybody else in behalf of this application? Yes, Mrs. Combs. PAT COMBS: My name is Pat Combs. I live on Peconic Lane. I have a Bed and Breakfast. I happen to be friends with the Diers. I would just like to comment regarding this. There are a lot of people who are for Bed and Breakfasts and there are some people who are against it. My comment is some people who are not for Bed and Breakfast, when it's time for them to have a wedding or a family reunion, they are the first people who will call Bed and Breakfast to make accommodations for their guests because it's less expensive than the motels and hotels. I don't want the hotels and motels to get mad at me. They have large taxes, they have electric and so on. We simply'have two rooms to use like the Diers have two rooms to use. I was a guest on their beach many times last summer, and as far as Helen having a Bed and Breakfast making the neighborhbod crowded, or the beaches crowded or the parking crowded, her guests to the west of her house many times have 15 and 20 people on the weekends when I was there with my grandchildren, and it certainly was crowded enough. They had a full team for volleyball. The neighbors to the east also had many, many people there. And as far as traffic in the neighborhood, this is a neighborhood where I do believe they have Goldsmith's Boatyard and down at the other end, the west end, they have a Town Beach. And as far as Bed and Breakfast changing neighborhoods, I dare say if these people did not have to make their Bed and Breakfasts legal, most people wouldn't even know that they had a Bed and Breakfast. Page 4 - Transcript of ZBA Hearing Appl. No. 3586 - ROBERT AND HELEN DIER Thursday, May 21, 1987 MRS. COMBS (continued): My house doesn't have a sign. The Diers would not be sign. Unless someone knew where to go, they wouldn't it was a Bed-and-Breakfast House. having a even know So it doesn't change the neighborhood. As far as the old thing about real-estate values, wouldn't we all love to have a house on the water because the only place that it's going to go as far as real-estate value is "up.'I Bed and Breakfast.~s cer- tainly not going to change that. That's all I have to say. CHAIRMAN: Thank you, Mrs. Combs. Is there anybody else in favor of this application? (None) We'll start with the opposition on this side of the room. Mrs. Moore, Did you have a question, Mrs. Shaw? (None) PATRICIA MOORE, ESQ.: My name is Pat Moore from the Law Office of Edson and Bruer. t represent Tom and Joann Walker, my contin- gencies right here: Tom and Joann Walker, Joe and Mary Lowry, Margaret Katzenburg, John May, and -~excuse me, John May and his wife, and Mildred Moore. For the record, my husband and I live across from Mr. and Mrs. Dier in Mildred Moore's home, so I am one of the neighbors as well. All the abutting neighbors are vehemently opposed to the establishment of this Bed-and-Breakfast business in this residential community. I will emphasis--I wish to emphasis comments that were made by Mr. McLaughlin in the letter, which I think were very accurate and important comments that were made. The Bed-and-Breakfast Use was never intended to be permitted together with the use of an accessory apartment. I was one of the first applications, or ~y client, Michael Herbert, was one of the first applications made .befqre you for a Bed and Breakfast, and I am very much in favor of a Bed-and-Breakfast use in the proper location in the proper setting. And that is what was intended when the legislation--when the law was drafted. And unfortunately sometimes what is intended is not what actually develops. The way the legislation was intended was to limit the number of rooms available to be rented. That would insure the residential nature of the neighborhood, and this is what the neighbors are now Page 5 - Transcript of ZBA Hearing Appl. No. 3586 ROBERT AND HELEN DIER Thursday, May 21, 1987 MRS. MOORE (continued): opposing. I would also like to second the fact as Mr. McLaughlin stated in the letter that the accessory apartment was to some extent unopposed by some of the neighbors, including myself, because we were under the impression that we would not force a confronta- tion which is going to occur tonight with respect to the Bed- and-Breakfast enterprise. At this time, Mr. Dier should be seeking what is a use variance. Because of the way the legislation or new law was established, where a Bed and Breakfast is not permitted by Special Exception with an Accessory Apartment as part of the new law, then his application should have been for a use variance. And we know that the standard is very different from a use variance than it is for a special exception or any other type of variance. He does not'have what he perceives to be vested rights in this application. Your vested rights do not occur until you have actually relied on an application, gotten the permit, and started construction in whatever you've done. Mr. Dier has run an illegal Bed and Breakfast and illegal apartment for a long time, but the fact that he has run it and not been caught does not give you vested rights in it. In order for the Board to grant a use variance, Mr. Dier must show that the strict application of the Code will create unnecessary hardship. I have standards of proof that have to be shown, and the burden of proof on the use variance. The land in question cannot yield a reasonable return if only for the purposes allowed in that zone. As a residential property you are not guaranteed a reasonable return. You are entitled to live on the property, but not make a profit from it. By reasonable return, the cases have shown that you have to satisfy certain dollars-and-cents proof, and the dollars-and-cents proof is by way of expert testimony, and the expert testimony has to determine the amount paid for the land in question, the present value, the maintenance expenses, the land taxes, the amount of mortgages and other encumbrances, the income from the land in question. So there are dollars-and-cents proof as part of receiving or the Board even considering a use variance. Page 6 - Transcript of ZBA Hearing Appl. No. 3586 - ROBERT AND HELEN DIER Thursday, May 21, 1987 MRS. MOORE (continued): The character of the neighborhood is already impacted by the accessory-garage apartment because it is renting to two people. In this case there are two young women. I know from being a neighbor, and seen the women. These two young women have two young boyfriends, who also create two more cars. They all come out of the driveway just as everybody else does. Now he wishes to add three more rented rooms. All together now he will service on his property two renters, two boyfriends or guests-periodic guests, two of their own cars, one storage trailer, that if you've gone and made an inspection there is a storage trailer there on the property in the parking area. And two bed-and-breakfast and possibly three bed-and-breakfast guests. So all together we're talking nine to ten cars. If you've gone to see the property, the driveway is quite long and narrow. It is also as you come out of the property you will notice that the area is heavily treed, there are shrubs. I have been--I have watched cars come by, and I coming out of my own driveway, which is clearly visible, have often near-miss cars coming down the street, because they do come from the Founders Landing Park, come down relatively rapidly and avoiding any kind of casualty there. The neighbors are logically concerned by the fact that where you combine an accessory apartment--which in this circumstance~-t believe is in violation of a lease requirement. I don't know for a fact if he has a written lease, but the statute does provide that you have to prove that it's not a transient rental, and I did not find a written lease in both the Zoning Board file nor in the Building-Department file. I may just not have found it, but there certainly should be a lease to insure that even assuming the worst scenario for the neighbors, that he were to receive a Bed-and-Breakfast, we want to make sure that he is not going to rent to more rooms up in the garage, Assuming the worst scenario. And Bed-and- Breakfast Business, which has been in operation for at least one year, which I asked the Board at one time if you would ask Mr. Dier if he is presently running and Bed and Breakfast, and I think he will answer that he is running a Bed and Break- fast now, and he has been for a certain period of time, and the Bed and Breakfast which is currently in operation illegally. The 250-ft. dock, which I know certain suggestions were made at the prior hearing that a combination of a 250-ft. dock, a Page 7 - Transcript of ZBA Hearing Appl. No. 3586 - ROBERT AND HELEN DIER Thursday, May 21, 1987 MRS. MOORE {continued): Bed and Breakfast, and the apartment, could lead to quite a lucrative enterprise there for Mr. and Mrs. Dier. It's terrible when you've reached this level, because you do take it personally. It's not personal against you (to Mrs. Dier), I know everyone-- MRS. DIER: No, Pat, we won't take it personally. MRS. MOORE: In any case the situation there is intolerable. We would not tolerate a Bed and Breakfast. We barely tolerate an apartment. And it's true--an apartment, assuming the lease is valid and was created, he did meet the standards for an apartment and therefore as a right, the way the statute was written, he was entitled to such a use. However, and Bed and Breakfast, he does not meet the use variance requirements. In light of the failure to apply for the use variance, the failure to prove he is entitled to a change of use of the property, and most importantly in light of the strong neighborhood opposition, as a matter of lJw and as a matter of justice, my clients ask you to deny this appeal. Thank you. CHAIRMAN: Thank you. Do you want to rebut each individual cas.e or do you want to wait until the end for a blanket rebuttal, Mr. Dier? MR. DIER: I can't hear what you're saying. CHAIRMAN: Do you want to rebut each individual attorney or would you want to do a blanket rebuttal at the end? (No response.) CHAIRMAN: I don't want you to have a heart-attack. That's what I don't want you to do. I just want to say this. We had three years a person renting more than three slips on a dock down on Mud Creek in Nassau Point. He walked out of this Town Hall and had a heart- attack by the flagpole out there. That's not what we are here tonight for. We are here to hear constructive criticism. Everybody seems to be extremely courteous and we're very happy about that, and that's just the way we want to have the hearing go. Ok? MRS. DIER: Excuse me, I would just like to clear something up. Page 8 - Transcript of ZBA Hearing Appl. No. 3586 - ROBERT AND HELEN DIER Thursday, May 21, 1987 CHAIRMAN: Would you use the mike--I don't even know if that mike is on. Would you try that for us please. MRS. DIER: I just want to clear something up. I don't want you to ever think (to Mrs. Moore) that because of this, this is your job and this is my job, and I want this to go according to law. I am not looking to have an argument with you, and I don't want ever to have to walk in the street and say, "I'm not talking to you." Ok? Ok. CHAIRMAN: Mr. Dier. MR. DIER: A couple of things. For one thing, we've applied for two rooms for Bed and Breakfast. There is one girl living in the apartment. She was right when she said two, a while back she had a roommate. She is no longer a roommate and there is one girl living there. There is no sense even talking about that dock business I don't think. CHAIRMAN: Please don't bring that up again. MR. DIER: Thene's no sense in even talking about it. So at the moment that's all. CHAIRMAN: Thank you. MR. DIER: This talk about nine car spaces. There is one for the girl in the apartment. One for my wife and I--we have a three-car garage. We could always put our second car under there so it won't obstruct the parking whatsoever. That's two for the apart- ment and my wife and I. And two for the Bed and Breakfast rooms. That four. We have six parking spots with no trouble. CHAIRMAN: Thank you. Mrs. Dier. MRS. DIER: I'm sorry I didn't remember it all at one time. But the storage--what did you call it, trailer? MRS. MOORE: Storage trailer or something. MRS. DIER: Storage trailer. This. is a venture of my son's and he wanted to make a rigging outfit of it, and bring this rigging shop to the boats rather than bring the boats out of the water to repair them. My son is no longer in New York State, and I am stuck with Page 9 - Transcript of ZBA Hearing Appl. No. 3586 - ROBERT AND HELEN DIER Thursday, May 21, 1987 MRS. DIER (continued): this thing. I think Pat you did know that Bobby did leave it to me. I have put an ad in the paper to try to get rid of it, and I can't get rid of it. I have paid for it for my son, but I now cannot get rid of it. It's a very difficult thing to do, and we are trying to get rid of it. But it is not a storage shed. There's no roof on it. There's only three sides on it. I'd like to clear that that we don't have a shed. CHAIRMAN: Thank you. Mr. McLaughlin? J. KEVIN McLAUGHLIN, ESQ.: Thank you. My name is Kevin McLaughlin and I am here tonight representing Mr. and Mrs. Arnold Blair. The first thing ! would like to say, and I'll make the comment in this direction very brief. I stand by what I had written in that letter as to the nature of the conversation I had. I don't think it's the biggest issue before the Board tonight. What was said in the past between myself and Mrs. Dier, but I do stand by what I wrote in that letter. That's my recollection of our conversation because Mr. Blair was veYy concerned about the multiple uses that the Diers intended for their property, and the big concern was having them attempt to get Special Exceptions for both an accessory apartment and a bed and breakfast. And when he learned from me that they were not going to pursue the bed and breakfast if they got the accessory apartment. That was one of the reasons why he did not choose to have me come or to come himself and oppose their appli- cation. The Diers now have two presently existing uses on their property. They got their one-family dwelling, and they got their accessory apartment. There have been six or seven prior applica- tions for Bed and Breakfasts before this Board. I a couple of days ago took a couple of hours and went through all those appli- cations, and it seems to me that the one that most closely resembles the instant application of the Diers was the application by Paul Henry, Appl. No. 3570. Mr. Henry also has a one -family residence on his property and he has apartment uses on the property also. And the Board denied Mr. Henry's application on the basis that the addition of a Bed-and-Breakfast use would., to quote the Board's language, "...create an over-intensification of uses for this parcel which would be injurious to the neighborhood or community plan .... " Page l0 Appl. No. Thursday, Transcript of ZBA Hearing 3586 - ROBERT AND HELEN DIER May 21, 1987 MR. McLAUGHLIN (continued): Now Mr. Henry's application was concerning a parcel of property of three acres almost, and the buildings are set back a good distance and are fairly well screened from the neighbor- hood. Here, I believe, the Diers' lot consists of something less than three-quarters of an acre, surrounded mostly by single- family dwellings, is on the water, and is surrounded by some very expensive houses. All the other applications that I quoted in my letter are certainly distinguishable from the Diers' application. They either involve much larger parcels or they are surrounded by farm land or vacant land, or they're really in the fringe of a commercial district. And I think that what the Board has to look at is their past history with something where there is already more than one use on the property, and that history has been reflected in the Paul Henry application which was denied. The Town Ordinance allowing for an Accessory Apartment in an A District-as a Special Exception states there can be an Accessory Apartment in an existing one-family dwelling, subject to certain specified conditions. The Code defines a one-family~ dwelling as a detached building containing one dwelling unit only. Clearly, the Dier residence will not contain one dwelling unit only if a Bed and Breakfast is allowed there. Whether you define a Bed and Breakfast as another dwelling or you define it as another use, clearly it is no longer a one-dwel, ling unit only. It's something in excess of that, and they cannot have in my reading of the statutes bQth a Bed and Breakfast and an Accessory Apartment on the same premises on that basis. The language that can be found in the ordinance establishing a Special Exception for a Bed and Breakfast is, ".~.can be granted provided that the renting of such rooms for such purpose is clearly incidental and subordinate to the principal use of the dwelling .... " So I think what has happened with the dwelling, this one-family dwelling, is that it's no longer clearly incidental and subordinate to the principal use of.the dwelling as a one-family residence. What we have here is basically a commercial operation whereby we're going to have at a minimum three rooms that theylre going to.be, and possibly up to four rooms that they're going to be renting out on some type of basis. Page ll - Transcript of ZBA Hearing Appl. No. 3586 ROBERT AND HELEN DIER Thursday, May 21, 1987 MR. McLAUGHLIN (continued): I ask the Board in considering this application to review the file on the Paul Henry application, which you denied, and I think there's no question that the fact circumstances are very similar, and if anything the Henry application may have had more going for it in the way of size and distance from neighbors. And on that basis I would ask the Board to deny this application. CHAIRMAN: Thank you, Mr. McLaughlin. Mrs. COmbs? MRS. COMBS: May I ask a question? How many apartments did Mr. Henry have and how many bedrooms did his main house have, do you have any idea? MR. McLAUGHLIN: My understanding is he had two apartments there. I don't know how many bedrooms are there. Legally he certainly wasn't renting out any of those other bedrooms. Whether he was illegally or not, I have no idea. MRS. COMBS: Size-wise it's not comparable to the Diers. CHAIRMAN: You .have to direct the questions to the Board and please use the mike. MRS. COMBS: I was curious how many bedrooms the Henries had and how many apartments. I didn't feel that the two houses were comparable at all in size. That's a much larger house with many, many bedrooms and two apartments that are very close to the street. CHAIRMAN: You are referring to the Henry house? MRS. COMBS: The Henr~ House. It's not quite the same as the Diers. And the Diers have two bedrooms that they were going to use, not even possible four. Mr. McLaughlin should take a walk through Mrs. Diers' house and see how many bedrooms she could use. And the most she could use is two. CHAIRMAN: Thank you. MR. McLAUGHLIN: Two plus an acces, sory apartment which they already have, and as to the number of bedrooms in somebody's house, I don't think there's any limitation in the Code as to how many bedrooms a Page 12 - Appl. No. Thursday, Transcript of ZBA Hearing 3586 ROBERT AND HELEN DIER May 21, 1987 MR. McLAUGHLIN (continued): single-family dwelling could have. The question is what use can they be put to, and I think that's what they are trying to do here. Trying to turn what started out as a single-family dwelling into a commercial operation of three uses on its property. CHAIRMAN: Thank you. Could you state your name for the file. PAUL HENRY: My name is Paul Henry. Fi'rst of all, I would like to say that I have obviously been involved in this whole Bed-and- B~eakfast issue in this Town and f~llowing it closely, and tried to go about things the way that everybody said I should by making formal application to the Board. AS we all know, the Board turned .me down. I'm still trying to understand that decision. I have been following some of the further actions by the Town in terms of the Accessory Apartment and the Bed-and-Breakfast usage. I would like to quote from Councilman Schondebare at the meeting that was to decide that Bed and Breakfast and Accessory Apartments would not be allowed. ~According, to Mr. Schondebare, the Zoning Board had to search-high and low to deny me prior to the Bed-and-Breakfast and Accessory Apartment Laws being passed. Mr. Goehringer actually asked the Planoing Board or the -- CHAIRMAN: Code Committee. MR. HENRY: Code Committee to disallow Accessory Apartments in a Bed and Breakfast. I believe the reason for that was an issue of density where they were concerned about the intensity of usage in a neighborhood. Now I personally felt that the Law that was passed had nothing to do with density in the sense it just discriminated against landlords as opposed to regulating any type of density usage, especially my own case, where I would still like to know whose words from this Board came down and called my usage of Bed and Breakfast as injurious to the neighborhood. CHAIRMAN: Remember now, we're not dealing with your application. MR. HENRY: No, sir, we're dealing with my application and my decision as applied to the next decision that this Board will make. CHAIRMAN: The criteria that we used in your decision is not the nature of the application that is before us tonight, so you must Page 13 Transcript of ZBA Hearing Appl. No. 3586 - ROBERT AND HELEN DIER Thursday, May 21, 1987 CHAIRMAN (continued): not direct your statement-- what you are doing is making statements. You have to direct whatever you want to direct because you were asked to speak toward what the Diers have before us. In other words they paid the application fee, you haven't. MR. HENRY: You got my money already. CHAIRMAN: Ok. But we rendered a decision already. So it's there's-- MR. HENRY: I wasn't planned to speak today, and I wasn't expecting to be brought up like I was. CHAIRMAN: Well, I didn't bring you up. MR. HENRY: What I'm trying to get at, I feel that it's very weak analogy to draw my case and your decision on my case into their case. CHAIRMAN: Well,'I didn't do that. Somebody else did. MR. HENRY: No, but I'm commenting on that. MEMBER SAWICKI: We haven't drawn that decision. CHAIRMAN: We were asked by Mr. McLaughlin to consider it is what he is saying. Ok. Go ahead. MR. HENRY: I think I'm finished. Let me just add one thing. I do feel that the Bed and Breakfast usage in this Town is in the Town's interest, and I have seen a lot of public outcries against Bed and Breakfast, and I think everybody in this Town ought to give it a chance before they come out and speak, "I feel blindly against it." I know a lot of Bed-and-Breakfast usage that is totally unnoticed in the communities, and the only place where a Bed and Breakfast gets any press is in this room. Nobody knows about Bed and Breakfast in the real world--just in this room on the applications. Thank you. CHAIRMAN: Thank you. Could I just ask you one question, Mr. Cron, you still to speak, right? JIM CRON: I'm speaking on a diffe'rent application. Page 14 Transcript of ZBA Hearing Appl. No. 3586 - ROBERT AND HELEN DIER Thursday, May 21, 1987 CHAIRMAN: Are there any other attorneys here that are going to speak against this application? Ok, sir. PHIL BARTH: My name is Phil Barth. I live on 725 Terry Lane. I'm a neighbor of Mrs. Dier. First of all, I'm glad that the--at least on our part, that we are trying to be civil and I'm not quoting anyone liers, and I want to say that for my part I was never opposed to their the Accessory Apartment or the Bed and Breakfast. And as a matter of fact, for many, many years~ all the neighbors knew that Mr. Dier had an accessory apartment that was not legal and no one said a word about it. We were neigh- bors and we wanted to get along. But things get--sometimes get too far. Now, I'm not a lawyer, but I don't understand how some one can come in front of this Board and ask for a Bed and Break- fast when the law states that if you have an Accessory Apartment you can't have a Bed and Breakfast. If you have a Bed and Breakfast, you can't have an Accessory Apartment. Now he's gotten the Accessory Apartment. So how can he come before this Board and ask for a Bed and Breakfast? CHAIRMAN: Are y~u asking a question or making a statement? MR. BARTH: Yes, I'm asking the question. CHAIRMAN: The'question is such, sir, that the law -- first of ' all, we have to entertain all applications, all right, regardless-- this is America and I'm not going to stand on the red, white and blue, but we do have to entertain all applications~- when an applicant comes before us and files the papers and pays the fee. To the best of my recollection, the Diers had filed their applica- tion prior to the change of the law, ok. We as a Board took a stand that we would treat each individual application in its entirety uniquely and singularly in the respect that we ask them and we told them that we were holding their application for the Bed and Breakfast in abeyance pending the decision of the Accessory Apartment, and we did that. It just so happens and Mr. Henry is perfectly correct that it was brought up at the Code Committee where much if not all of the Zoning Code is changed, modified, critiqued, caveated and all the rest of it-- that the Board, my Board, this Board, along with Mr~ Douglass who is a member of the Board and presently in the Hospital, did say that we think it would be a benefit to have the law changed indicating that you can have eithe, r/or~ And all I can say to you to the best of my recollection that they did file the applica- tion prior to the change of the law. Page 15 - Transcript of ZBA Hearing Appl. No. 3586 ROBERT AND HELEN DIER Thursday, May 21, 1987 MR. BARTH: This is one thing I know for a fact. CHAIRMAN: This does not preclude them even if the law was in to come in and ask for a variance from the present law. So they could have done that also. And we would have to entertain the application, as we have so uniquely done almost 4,000 applications ago. This is 3986, so there have been 3,986 applications before the Zoning Board. MR. BARTH: You've explained the case very well and I'm satisfied. But again, as you can see, all the neighbors, but quite a few of the neighbors in that area are opposed to it. Not opposed to it because they don't like Mr. Dier or Mrs. Dier. As a matter of fact, we moved into that area almost at the same time and we were very good friends. We just don't like the idea of converting a situation that's supposed to be residential into something that's going to turn out to be commercial. And that's what this looks like it's turning out to be. Because what you have now is two uses on that property. It's not that big a property. The houses aren't that far apart. The fact that you're going to say there's a Founding Landihg Park, and there's a Goldsmith Boatyard creating a lot of traffic. That's another reason why we don't want a Bed and Breakfast and Accessory Apartment. We don't want to add to the congestion.. It's congested enough. It come summertime, yo~ can go crazy in that place. So we don't need any more of that there. So I think that an Accessory Apartment -- he's got that. That's enough. CHAIRMAN: Thank you very much, sir. Is there any rebuttal on any attorney's parts or is there anything any attorneys would like to say, or clients of the attorneys before we ask Mr. Dier if there is anything further he would like to say. (No response.) Mr. Dier, is there anything you would like to add? I think the only question I have, and I didn't think to going back in a symmetrical sense in asking you or answering your question in some roundabout way of saying at the last hearing about swearing everybody in. I didn't think it was specifically necessary in this one, so therefore I didn't do it. But I'll ask you honestly and you answered me honestly, are you actually operating a Bed and Breakfast on these premises at the present time or have you last summer operated a Bed and Breakfast? MR. DIER: Yes. Page 16 Transcript of ZBA Hearing Appl. No. 3586 - ROBERT AND HELEN DIER Thursday, May 21, 1987 CHAIRMAN: Is there anything else you would like to say? MR. DIER: Let me just say this, sir, about that. The apartment is one thing. Bed and Breakfast is an entirely different thing. Bed-and-Breakfast people are living in the house with you. And anybody that goes through the trouble of signing up, applying a Bed and Breakfast without having tried it first is a fool. You don't know what it's going to be like having people living in the house with you until you try it. And anybody that's going to try it, one of the first things I would say to him is, "Do it for a while first before you even try to make it legal." Find out if you like it before you ever get involved in making it legal. As far as lies go, Phil, I'm sorry it had to be said. MR. BARTH: I don't know what you said it. MR. DIER: I said it because of things up here were said that were not true. And the only other thing I have to say is the time we filed there was no law against having the two things. If we hadn't been held up by all this rigmarole, how long it takes for all these things~ I could have been ready to have the whole thing-- the corrections done for the apartment. It took me maybe two days week. I could have been ready for this two days or three days after we applied. At that time there was no law against them. I still want to be judged by the fact that there was no law against having two things at that time. CHAIRMAN: Well, have a seat and if there is anything else you would like to say after this leady, let us know, and we'll close the hearing. Mrs. Katzenburg, how do you do? MARGARET KATZENBURG: I'm Margaret Katzenburg, and I'm one of Mr. Dier's near neighbors. I've owned my property for over 50 years and during that time the ownership of most of the houses around me has changed two or three times. During all that time, we've been a friendly, neighborly residential area. And the change seems to have come about with Mr. Dier. None of us like to be unneighborly. But I must say we are all worried. I shouldn't bring up the matter of docks, but Mr. Dier applied for permission to build a 150 ft. wooden dock out into the Bay. Since then it has become considerably larger, considerably longer. I believe the young lady said 250 feet, and it is not a wooden dock any longer.. It's supported by tons of concrete in the Bay. Mr. Dier wanted to have an Accessory Apartment and he had it and he Page 17 - Appl. No. Thursday, Transcript of ZBA Hearing 3586 ROBERT AND HELEN DIER May 21, 1987 MRS. KATZENBURG (continued): then got permission afterwards. He wanted to Breakfast, and he tried it. And ! think most are terribly worried about what he might want Thank you. have Bed and of my neighbors to do next. CHAIRMAN: Thank you. Yes, last rap-up. MR. DIER: ! hate to beat t~e dead dog, but Mrs. Katzenburg, I don't mind what you say as long as it is true. MRS. KATZENBURG: Well I haven't said anything untrue, have I? MR. DIER: Yes, you did. You may not know it but you said something and it keeps happening. My initial request for that dock was for 250 ft. The original thing. Two-hundred fifty foot. Not one-hundred. I built it 250 ft. I got taken down by the ice. I built it again and it got taken down. And then I got up and went to put the concrete in, so everything has been done. Doq't say I originally had a permit for 100 feet. It was not true. My original permit was 250 ft. MRS. KATZENBURG: Well, I certainly did not intend to lie. Mr. Dier, I have a piece of paper at home which was given to me at the time that you made the first application and on it it says 100 ft. with the dock. CHAIRMAN: Last comment, Mrs. Dier. MRS. DIER: Mrs. Katzenburg, I think that piece of paper that you got was a petition that was written, and they had the wrong information there also. We have all the letters that were written in. There were 63 against it. And a number of them had wrong information. MRS. KATZENBURG: That was the Army Corps of Engineers. MRS. DIER: Yes, they sent it out. They sent all the letters out, but we didn't try to pull the wool over your eyes. I feel very badly. My husband put it up and I think that this is what has been the knife in everybody's side. This dock. You got to understand that when you have a dock and it goes down, and then you put the money back into it and put it back up again and it goes down, what do you do? We wanted the dock. We needed the dock and that-- (More than one person was speaking at this time and the statements were i. naudible.) Page 18 Transcript of ZBA Hearing Appl. No. 3586 - ROBERT AND HELEN DIER Thursday, May 21, 1987 CHAIRMAN: The point in question the last time was the dock was not necessarily the nature of this application and we are going to remain in that particular sense. And I would ask you please not to direct anything toward the dock. MR. DIER: No, no. Because Mrs. Katzenburg and others like her have got their hackles up and they're raising hell with what I am trying to do here. A certain number of people. And yet she lives right across the street from the Mayes, who for years have been renting and she knows what they've been doing? How many they have had there. It's years. CHAIRMAN: It's counterproductive to point at people. You can direct the mike-- MR. ADLER: Can I say something in answer to that. Across the street. CHAIRMAN: What is your name, sir? HERBERT ADLER: 'Herbert Adler and I live across the street from them. The Mayes' tenants have been very nice. MR. DIER: They have. MRS. DIER: They have. MR. ADLER: And we are there all the time. I just feel that that is a strange argument to take. The case involves what is the law here. And I think it should be decided on that. Thank you. The law in the case and that's it. CHAIRMAN: I'll finish this up by saying that my tenure on this Board is seven years. I'm very proud of the Board. I'm very happy. We get along very, very well. Because we are able to see the specifics of the case regardingless of what we refer to as the things that are not specifically germane to the case, all right? Cases in question. And in this particular case you have given us much information--probably too much information, information that does not specifically pertain to the case. We don't care if somebody else is renting an illegal apartment. We are not an enforcing agency.-It is specifically the nature of the Building Department, the gentleman sitting to my self and your right, to deal with that specific issue. And so far as we're concerned, Page 19 - Appl. No. Thursday, Transcript of ZBA Hearing 3586 - ROBERT AND HELEN DIER May 21, 1987 CHAIRMAN (continued): all we can do is inform him of it. And that's primarily the situation at this point. We thank you all. I think we got a little carried away at the end, but I think everybody did an excellent job and we wish you a good evening. Hearing no further comments, I'll make a motion closing the hearing and reserving decision until later. MEMBER SAWICKI: Second. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and Sawicki. (Members Doyen and Douglass were absent.) Also present during the hearing were Victor Lessard, Building- Department Administrator, Linda Kowalski, ZBA Clerk, Valerie Scopaz-Shaw, Town Planner, and approximately 35 persons in the audience. ared ~by Ltnda Kowalski ' May 26, 1987 828 FRONT STREET, P. O. BOX 803 GREEBIPORT, NY 11944 (516} 477-1016 May 19, 1987 Southold Town Board of Appeals Main Road Southold, New York 11971 Re: File No. 3586 Robert and Helen Dier Gentlemen: Please be advised that I represent Mr. and Mrs. Arnold Blair, adjoining property owners to the applicants. My clients vigorously oppose this application for a special exception for permission to establish a bed and breakfast use at 355 Terry Lane, Southold, New York. My clients oppose this application on several grounds. First, the applicants have two existing uses on this property; a single-family resi- dence and an accessory apartment. The accessory apartment use was granted to the applicants by this Board by decision dated March 5, 1987. Prior to the public hearing on the application for an accessory apartment, I personally spoke with Mrs. Diet regarding my clients' concerns about the over use of this property. Mrs. Diet assured me that, in the event the application for an accessory apartment was granted, the Diets would with- draw their application for a bed and breakfast use. Relying on that promise, my clients chose not to object to the application for an accessory apartment. Obviously, the Diers have failed to live up to their promise. Of the approximately six other bed and breakfast applications filed with this Board to date, the application filed by Paul Henry (Appeal No. 3570) most closely resembles the factual situation of this application. In the Henry matter, the property contained a one-family residence and two apartments. This Board denied Mr. Henry's application on the basis that the addition of a bed and breakfast use "... would create an over-intensification of uses for this parcel, which would be injurious to the neighborhood or community plan." Clearly, the same rationale applies to the Diet application. The Southold Town Board of Appeals Page 2 May 19, 1987 addition of a bed and breakfast use to the existing one-family dwelling and accessory apartment would create an overutilization of the property. This is true even more so than with the Henry application, where the property con- sisted of approximately 3 acres of land and the buildings were well screened from any neighbors. Here, the Diers lot consists of less that 3/4 acre and is surrounded by single-family dwellings, including some very expensive water- front homes, whose value will be seriously diminished if this application is granted. None of the bed and breakfast applications which have been approved, have fact patterns similar to the Dier application. None of the approved applications concerned properties which already contained two or more uses. Additionally, the application of Mary Mooney-Getoff (Appeal No. 3588) concerned property in excess of six acres. The Combs application (Appeal No. 3585) con- sisted of over an acre of land which was surrounded by vacant land. The Bartholomew application (Appeal No. 3610) dealt with premises which was primarily in a farm area. The Herbert application (Appeal No. 3539) involved property located on the fringe of a commercial center on the north side of Pike Street. Moreover, none of the above applications was vehemently opposed by the applicant's neighbors, as is the situation here. The t~wn ordinance allowing for an accessory apartment in an A District [§100-30(15)] as a special exception states that there can be an accessory apart- ment in an existing one-family dwelling, subject to certain specified requirements. The Town Code defines a one-family dwelling as "a detached building containing one (1) dwelling unit only." Clearly, the Dier residence will not contain one dwelling unit only if a bed and breakfast use is granted. Therefore, the Town Code does not permit both an accessory apartment and a bed and breakfast use on the same premises. In order to be elligible for an accessory apartment, the subject property can have no present use other than as one dwelling unit. The Diers cannot now add another use to the premises and retain the accessory apart- ment. Since they have already been granted an accessory apartment use, their application for a bed and breakfast use must be denied. The Diers are attempting, by a series of special use applications, to term their residence into a commercial enterprise. Certainly, this was not the intention of the Town Board when it enacted the ordinances providing for accessory apartments or bed and breakfast uses. The special exception for an accessory apartment use was enacted, no doubt, in response to the very limited provisions for a two-family residence in the Town Code. In light of the overall scheme of the Town's zoning ordinance, it seems'totally implausible to assert that a bed and breakfast use should be allowed in addition to an accessory apartment. The ordinance establishing a special exception for a bed and breakfast Southold Town Board of Appeals Page 3 May 19, 1987 [§100-30(16)] states "...provided that the renting of such rooms for such purpose is clearly incidential and subordinate to the principal use of the dwelling..." The combination of an accessory apartment coupled with a bed and breakfast use destroys the residential nature of the premises and entails a principal use of the dwelling as commercial. Such a combination of uses clearly violates the letter and the spirit of this ordinance and should not be condoned by this Board. In reliance on the rationale set forth in the Board's decision on the Henry application, the instant application should be denied as it would create an over-intensification of uses for this parcel. JKM/lg Very ~ ypu~s,/Z~ ~ DEPARTMENT OF PLANNING COUNTY OFSUFFOLK Michael A. LoGrande SUFFOLK COUNTY EXECUTIVE 360-5513 Town of Southold Zoning Board of Appeals Applicant: Robert & Helen Diet Mun. File No.: 3586 S.C.P.D. File No.: SD-87-15 Gentlemen: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval. Comments: Appears inappropriate as sufficient information has not been submitted to demonstrate compliance with applicable special exception/variance 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 GRIGONI$, JR, SERGE DOYEN, JR, ROBERT J, DOUGLASS JOSEPH B, SAWlCKI Southold Town Board of Appeals MAIN RrlAD- STATE RnAD 25 5OUTHnLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: Variance from the Zoning Code, Article , Section XX Variance from Determination of Special Exception, Article III, Special Permit Southold Town Building Inspector Section 100-30 (B)(16) Appeal No.: 3586 Applicant: Robert and Helen Dier Location of Affected Land: 355 Terry Lane, $outhold, NY County Tax Map Item No.: 1000- 65-7-20 Within 500 feet of: Town or Village Boundary Line xx Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Lar Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area Existing or Proposed Right-of Way of Any Stream or Draina~je Channel Owned by the County or for Which The County }las Establi~;hed £hanne] Lines, Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. COMMENTS: Applicant is requesting permission to establish "Bed and Breakfast Use" Copies of Town file Dated: June 19, 1987 and related documents er~c]osed for your revi<~w. APPEALS BOARD MEMBERS GERARD P, GOEHRINGER, CHAIRMAN. CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals NIAIN REIAD- GTATE RnAD 25 SI-IUTHEILD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 June 15, 1987 Mr. and Mrs. Robert 355 Terry Lane Southold, NY 11971 Dier Re: Appl. No. 3586 Dear Mr. and Mrs. Dier: Transmitted herewith for your perusal and file is a copy of the Board's findings and determination rendered in the above-entitled matter at our June 10, 1987 Special Meeting. The original of same has this date been filed with the Office of the Town Clerk. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Enclosure Copy of Decision to: John M. Wagner, Esq. J. Kevin McLaughlin, Esq. Patricia C. Moore, Esq. Building Department Suffolk County Planning Commission 828 FRONT STREET, P. O. BOX 808 GREENPORT, NY 11944 (516) 477-1016 May 19, 1987 Southold Town Board of Appeals Main Road Southold, New York 11971 Re: File No. 3586 Robert and Helen Dier Gentlemen: Please be advised that I represent Mr. and Mrs. Arnold Blair, adjoining property owners to the applicants. My clients vigorously oppose this application for a special exception for permission to establish a bed and breakfast use at 355 Terry Lane, Southold, New York. My clients oppose this application on several grounds. First, the applicants have two existing uses on this property; a single-family resi- dence and an accessory apartment. The accessory apartment use was granted to the applicants by this Board by decision dated March 5, 1987. Prior to the public hearing on the application for an accessory apartment, I personally spoke with Mrs. Diet regarding my clients' concerns about the over use of this property. Mrs. Dier assured me that, in the event the application for an accessory apartment was granted, the Diers would with- draw their application for a bed and breakfast use. Relying on that promise, my clients chose not to object to the application for an accessory apartment. Obviously, the Diers have failed to live up to their promise. Of the approximately six other bed and breakfast applications filed with this Board to date, the application filed by Paul Henry (Appeal No. 3570) most closely resembles the factual situation of this application. In the Henry matter, the property contained a one-family residence and two apartments. This Board denied Mr. Henry's application on the basis that the addition of a bed and breakfast use "... would create an over-intensification of uses for this parcel, which would be injurious to the neighborhood or community plan." Clearly, the same rationale applies to the Dier application. The Southold Town Board of Appeals Page 2 May 19, 1987 addition of a bed and breakfast use to the existing one-family dwelling and accessory apartment would create an overutilization of the property. This is true even more so than with the Henry application, where the property con- sisted of approximately 3 acres of land and the buildings were well screened from any neighbors. Here, the Diers lot consists of less that 3/4 acre and is surrounded by single-family dwellings, including some very expensive water- front homes, whose value will be seriously diminished if this application is granted. None of the bed and breakfast applications which have been approved, have fact patterns similar to the Dier application. None of the approved applications concerned properties which already contained two or more uses. Additionally, the application of Mary Mooney-Getoff (Appeal No. 3588) concerned property in excess of six acres. The Combs application (Appeal No. 3585) con- sisted of over an acre of land which was surrounded by vacant land. The Bartholomew application (Appeal No. 3610) dealt with premises which was primarily in a farm area. The Herbert application (Appeal No. 3539) involved property located on the fringe of a commercial center on the north side of Pike Street. Moreover, none of the above applications was vehemently opposed by the applicant's neighbors, as is the situation here. The town ordinance allowing for an accessory apartment in an A District [§100-30(15)] as a special exception states that there can be an accessory apart- ment in an existing one-family dwelling, subject to certain specified requirements. The Town Code defines a one-family dwelling as "a detached building containing one (1) dwelling unit only." Clearly, the Dier residence will not contain one dwellin~ unit only if a bed and breakfast use is granted. Therefore, the Town Code does not permit both an accessory apartment and a bed and breakfast use on the same premises. In order to be elligible for an accessory apartment, the subject property can have no present use other than as one dwelling unit. The Diers cannot now add another use to the premises and retain the accessory apart- ment. Since they have already been granted an accessory apartment use, their application for a bed and breakfast use must be denied. The Diers are attempting, by a series of special use applications, to term their residence into a commercial enterprise. Certainly, this was not the intention of the Town Board when it enacted the ordinances providing for accessory apartments or bed and breakfast uses. The special exception for an accessory apartment use was enacted, no doubt, in response to the very limited provisions for a two-family residence in the Town Code. In light of the overall scheme of the Town's zoning ordinance, it seems totally implausible to assert that a bed and breakfast use should be allowed in addition to an accessory apartment. The ordinance establishing a special exception for a bed and breakfast Southold Town Board of Appeals Page 3 May 19, 1987 [§100-30(16)] states "...provided that the renting of such rooms for such purpose is clearly incidential and subordinate to the principal use of the dwelling..." The combination of an accessory apartment coupled with a bed and breakfast use destroys the residential nature of the premises and entails a principal use of the dwelling as commercial. Such a combination of uses clearly violates the letter and the spirit of this ordinance and should not be condoned by this Board. In reliance on the rationale set forth in the Board's decision on the Henry application, the instant application should be denied as it would create an over-intensification of uses for this parcel. ~J~~Very ~ ypufs, ~ ~e~in McLa~hl JANE ANN R. KRATZ F'SSEKS, HEFTER <S~ ANGEL P. O. Box 279 F~IVERHEAD, N.Y. 119OI P. O. Box 570 WATER MILL, N.Y. II 976 (516) 726'6633 January 12, 1987 Ms. Linda Kowalski Southold Town Zoning Board of Appeals Town Hall, 53095 Main Road Southold, New York 11971 Re: Applications of Robert Dier for Special Exceptions for an Accessory Apartment and a "Bed & Breakfast" Dear Ms. Kowalski: Pursuant to our telephone conversation today, I am writing to advise you that my office represents several nezghbors of Robert Diet who are interested in the above-referenced applications. To facilitate my representation, I would like to be placed on your mailing list to receive any correspondence relating to the above-referenced applications, including notices of hearings and other proposed actions. Thank you for your consideration. JMW:gw Very truly yours, John M. Wagner Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD. L.I.. N.Y. 11971 '[ EI..EI"HONE (516) 765-1809 APPEALS BOARD MEMBERS (;I HARD P GOEHRINGER, CHAIRMAN CHARLES GRIGONI$, .IR. SERGE DOYEN, .JR. ROBERT J. DOUGLASS JOSEPH H, SAWICKI TO: Vic FROM: Board of Appeals DATE: May 20, 1987 SUBJECT: Matter of Robert Previous Special Lessard, Building-Department Administrator and Helen Dier Exception with Conditional Approval It is our understanding that upon recent inspections by the Building Department of the Accessory Apartment established under the Special Exception of 3597, March 5, 1987, no violations were found, and that the premises is in compliance with the conditions of all applicable laws for this Accessory Apartment Use. Please confi~ by either signing and returning or furnishihg a copy of a Letter under separate our files, on or before May. 21, ]..987. Thank you for your assistance in this matter. Confirmed as to Compliance Victor Lessard Accessory Apartment #3597 of 3/5/87 this letter, cover for Southold Town Board of Appeals IVlAIN ROAD- STAT£ ROAD 25 SOUTHOLD, L.I.. N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, .IR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Notice of Determination Of Non-Si~nificanc~ May 21, 1987 S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION APPEAL NO.: 3586SE PROJECT NAME: ROBERT and HELEN DIER 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 considered a determination made for ~ny other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [ ] Type II ~] Unlisted [ ] DESCRIPTION OF ACTION: Permission to establish "Bed and Breakfast Use". further notice that this declaration should not be LOCATION OF PROJECT: particularly known as: 355 Town of Southold, County of Suffolk, more Terry Lane, SQu~hold, NY 1000-65-7-20 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 0f premises and is not directly related to new consturction. FOR FURTHER INFORMATION, PEEASE 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 r L / / %, I ! / DEPARTMENT OF PLANNING Michael A. LoGrande SUFFO[-K COUNTY EXECUTIVE LEE E. KOPPELI~tAN DIRECTOR OF PLANNING Ms. Judith Terry, Town Clerk Town of Southold 53095 Main Road - P. O. Box 728 Southold, New York 11971 April 20, 1987 Re: Amended Zoning Ordinance: (1) Section 100-30B, Subsection 15 (Local Law No. 1 of 1987); and (2) Section 100-30B, Subsection 16 (Local Law No. 2 of 1987). Town of Southold Dear Ms. Terry: Pursuant to Section 1330 of the Suffolk County Charter, the Suffolk County Planning Commission has notified the neighboring town(s) and village(s) concerning the above captioned zoning action(s). Having received no adverse response, the Commission will take no further action. Very truly yours, Lee E. Koppelman Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner c i0? Tow A' , OX Nr OFf: ;Y TOWN OF SOUT[IOLD 425 MAIN STRI~ET * P.O. BOX 697 GREENPORT, L.I., NEW YORK 11944 TI£LEPIIONE (516) 477-1400 CERTIFED MAIL March 27, 1987 RETURN RECEIPT REQUESTED State Records and Law Bureau Department of State 162 Washington Avenue Albany, New York 12231 Re: Local Law No. 2, 1987 Town of Southold Dear Sirs: In accordance with the provisions of Section 27 of the Municipal Home Rule Law, I am enclosing herewith four certified copies of Local Law No. 2 of the year 1987 of the Town of Southold, Suffolk County, New York. I would appreciate if you would send me a receipt indicating the filing of the enclosures. Yours very-,,t ruly, ROBERT W. TASKER RWT/jr Enclosures ~-~NDER= Complete items 1 and 2 when additional services are desired, and complete Items 3 and 4 Put your address in the "RETURN TO" space on the reverse side. Failure to do this will prevent this card from being returned to you. The return receipt fee will provide you the name of the per,,on delivered to and the date of de very For additional fees the following services are available. Consult 1. [] Show to Whom delivered, date. and addressee's address. 2. [] Restricted Delivery. ' ~..Article Addressed to: · , .. ,. 4. Article Number ~' '*'' P 263 057 098 , State Records and Law Bureau Type of Service: Department of State 162 Washington Avenue" ". [~]~:rg~fti:r)~ ' B~n~)red Albany,. ?ew Yor~ 12231" ' ' S. Signature - Addresse{~,~ a~.¢~ 8~,~;.,see's Address (ONLY it qt~fgJl~sted and fee paid) PS Form 3811,Fcb. 1986 LOCAL LAW NO. 2 1987 A Local Law in relation to Bed and Breakfast facilities B E IT ENACTED by the Town Board of the Town of Southold, as follows: Section I00-30B, Subsection(16) (Bed and Breakfast Facilities) is hereby amended by adding a new paragraph (b) thereto, to read as follows: (b) No accessory apartment, as authorized by Section 100-30B(15) hereof, shall be permitted in or on premises for which a bed and breakfast facility is authorized or exists. II. This Local Law shall take effect upon its filing with the Secretary of State. IUDITH T. TERRY OFFICE OF THE TOWN CLERK TOWN OF $OUTHOLI) Town tlall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 {516) 765-1801 March 27, :1987 PLEASE TAKE NOTICE that the Town Board of the Town of Southold, at a Regular Meeting held on March 24, :1987~ adopted Local Law No. 2 - 1987, entitli~d "A Local Law in~ relation to Bed and Breakfast Facilites," a copy of which is 'attached hereto. Please sign the duplicate copy of this letter and return to me in'the enclosed self-addressed, stamped envelope. Thank you. Judith T. Terry ~J Southold Town Clerk- Attachment CC: Suffolk County Department of Planning Long Island State Park Commission Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Board of Appealsc'''~ SouthoId Town Building Department LOCAL LAW NO. 2 1987 A Local Law in relation to Bed and Breakfast facilities B E IT ENACTED by the Town Board of the Town of Southold, as follows: I. Section 100-30B, Subsection(16) (Bed and Breakfast Facilities) is hereby amended by adding a new paragraph [b) thereto, to read as follows: (b) No accessory apartment, as authorized by Section 100-30B(15) hereof, shall be permitted in or on premises for which a bed and breakfast facility is authorized or exists. II. This Local Law shall take effect upon its filing with the Secretary of State. .OFm ',' '~, , ~' ' TO~VN OF SOUTIIOLD 425 MAIN STREET · P.O. BOX 697 GREENPORT, gl., NEW YORK 11944 TELEPIIONE (516) 4'/7-1400 March 27, 1987 CERTIFIED MAIL RETURN RECEIPT REQUESTED State Records and Law Bureau Department of State 162 Washington Avenue Albany, New York 12231 Re: Local Law No. 1 - 1987 Dear Sirs: In accordance with the provisions of Section 27 of the Municipal Home Rule Law, I am enclosing herewith four certified copies of Local Law No, 1 of the year 1987 of the Town of Southold, Suffolk County, New York, I would appreciate if you would send me a receipt indicating the filing of the enclosures. RWT/jr Yours very truly, ......... RUI3ERT W.._TAS KER ~ SENDER: Qom?lere items 1 end 2 when additional services are desired, and complete items 3 and 4 Put.your edd.re~s In the "RETURN TO" space on the reverse side. Failure to do this will prevent th cara ;rom bmng returned to you, The return receipt fee will provide you the name of the person delivered to and the dele of delivery. For additional fees the fogowing services are available. Consu r ~ostmaster for fees and check box es for add tonal service(s) requested..~ ' 1. r~ Show to whom delivered, date, and addressee's address. 2. J-] Restricted Delivery. 3. Article Ad,J,aaaud to: .' 4. Article Number . State ReCOrds and Law Bureau , P 263 057' 098. Department of State - TypeofSewice:.. . 162 Washington Avenue, ~ Regl'tei~i f CertJfle . , COD , ' Albany, New York 12231 ' Expres I " ~[~-,~ / ~ ~,. ~gen_t .~nd DATE DELIVERED. X' " " ;:'~ ' ~ ' ~ .... '"r~stedand£eepaid) ,. 6. Signature - Agent , - -" DOMESTIC RETURN RECEIP' LOCAL LAW NO. 1 1987 A Local Law in relation to Accessory APartments in existing dwellings BE IT ENACTED I. II. by the Town Board of the Town of Southold as follows: Section 100-30B, Subsection (15) (accessory apartment) is hereby amended by adding-a new paragraph :thereto, to be paragraph (q), as follows: ' (q) No bed and breakfast facilities, as authorized by Section 100-30B(16) hereof, shall be permitted in or on premises for which an accessory ~'partment is authorized or exists. This Local'Law shall take effect upon its filing with the Secretary of State. NOTICE OFHEARING$ g:00 p.m. File No. 3629 - NOTICE IS HEREBy~WIN AND I~ONDRA GIVEN pursuant to Section 267~HOMPSON. Variance to the ofthe Town Law and the Code of zonng Ordinance, Article VI, theTownofsouthold, thefollow- Section 100-62IE) and Article lng public hearings will be held VII, Section 100-71, for approval by the 8OUTHOLD TOWN of an insufficient sideyard set- BOARD OF APPEAL8 at a back to an existing structure Regular Meeting at the Southold and proposed new structure re- Town Hall, Main Read, South. suiting from an alteration in the old, Nes4 York, on THURS- location of lot line of abutting DAY, MAY 21, 1987, at the roi* parcel to the east. Zone District: Iowlngtimes: "B-1 General Business." Loca- 7:35 p.m. File No. 3624 - ER- lion of Property: Corner of north NE~T TARMIN. Variance to side of Main Read and east side the Zoning Ordinance, Article of Boisseau Avenue, Southold, Xl, Sectionl00.119.2forpormis- NY (Thompson's Emporium); sion to construct accessory struc- County Tax Map Parcel ID No. lures with a setback of less than 1000-63-03-08. 100 fe~t from bluff/bank along the Long Island Sound. Location of Property: Right-of. way off the north side of Main Read, Orient, Zoning Ordinance, Article III, NY; County Tax Map Parcel ID Section 100-30iB)[16] for per- No. 1000.14.2.1.1. mission to establish "Bed and 7:40 p.m. File No. 3625 Breakfast Use," an owner-oc- PUDGE CORP. Special Exce cupiod building, other than . lion to the Zoning Ordinan¢ hotel, where lodging and break Article VIII, Section 100-801 fast is provided for not ruer for permission to constrgct one- than six casual, transient room. story "mini-storage" buildingjl ers, and renting ofnot more than in this "C-Light" Industrial Zen. three rooms, in conjunction with lng District. Location of Pro arty: East Side of Horton's Lan Southold, NY; County Tax Mt Parcel ID No. 1000-63-01-10.' 7:45 p.m. File No. 3626 NORTH FORK EARL LEARNING CENTER. Special Exception to the Zoning Ordi- hence, Article III, Section 100- 30<B)I3J for permission to estab- lish private Inursery) school [o~ day*care centorL as a nonprofit', organization, at premises refer- red to a~ the "Veterans Commu- nity Center," north side of Pike Street, east side of Wickham Ay- enue, and south side of Hill Street, Mattituck, NY; County Tax Map Pari:el ID No:' 100(P , 140-2-39. 7:50"p.m~ File No. 3632 - NORTH ' FORK EARLY LEARNING CENTER. Vari- ance to the Zoning Ordinance, Article III, Soc~on 100-301B)[3] subsections t/~ and Id), for per- mission to establish nonprofit private (nursery) school ior day- care center] within existing building which is set back less than 50 feet from Pike Street, and upon premises having less than five or more acres, referred to as the "Veterans Community Center," north side of Pike Street, east side of Wickham Av- enue, and south side of Hill Street, Mattituck, NY; County Tax Map Parcel ID No. 1000- 140-2-39, 7:55 p.m. File No. 3630 - JOHN KRAMER AND WAYNE DePETRIS. Variance ~ lotted. Written comments may to the Zoning Ordinance, Article · ~ II1, Section 100-60(Cl{2] for per- be submitted prior tO the conclu- mission to repluce existing ground sign, the lower edge of which shall be less than four feet above the ground. Location of Property: 54985 Main Roa~! Southold, NY; County Tax Map Parcel ID No. lO0~Z*l-5 rATE OFNEWYORK ) ! SS: _DUNTY OF SUFFOLK ) ~ic~.~%~ ....... of Greenport, in dd County, being duly sworn, says that he/she is 'incipal Clerk of THE SUFFOLK TIMES, a Weekly awspeper, published at Graenport, in the Town ~ Southold, County of Suffolk and State of New D)E8:05p.m. File No. 3586 -'~ )rk, and that the Notice of which the annexed is BERT AND HELEN ~ printed copy, has been regularly published in R. Spocial Exception to the Jdd Newspaper once each week for i eeks successively, commenc ng on the ly of May 19 8 7 pre~nt single.family use and accessory apartment use estab-, lished under Appl. No. 3597 March 5, 1987. Locat on of Prop- erty: 355 Terry Lane, Southold, NY; County Tax Map Parcel No. 1000-65-7-20. ~ 8:15 p.m. File No. 3~39 - AR- NOLD AND KAREN BLAIR. Variances to the Zoning Ordi- nance, Article III, Section 100- 31, Bulk Schedule, for approval of insufficient area and width of two proposed parcels in this pending division of land located at Cedar Lane (and Pine Place), East Marion, NY; "Map of Sec- tion 2, Gardiners Bay Estates" Map No. 275, Lots 156, 157, 158, 159, 160, 167 thru 172, inclu- siva, 151,153; County Tax Map Parcel No. 1000-037-7-10.2. 8:20 p.m. File No. 3543 - PETER AND BARBARA I~F.P.Z. Variances to the Zoning Qr.d_i._np0ce~ Article XI, Section 100-119.2 for permission to Io- cate new single-family dwelling with insufficient setbacks from existing bulkhead and from highwator areas along Midway Inlet and Rog Neck Bay, prem- icoi referred to as 70 Cedar Point Drive, Southold, NY; Cedar Beach Park Map, part of Lots 152 and 110; County Tax Map Parcel No. 1000-90.02-13.1. The Board of Appeals will hear at said time and place all persons or representatives desir- ~. lng to be heard in each of the 'above matters. Each hearing will not start before the time al- sion of the a~bject hearing. For more informatibfi,~please call 765-1809. Dated: May 11, 1987. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS NOTICE OF HEARIN~; NOTICE IS HEREBy GIV: EN, pursuant to Section 26? of the Town Law and the Code of the Town of Sou]hold, the following public beafln~ will be held by the ~OUTHOLJ~ ] TOWN BOARD OF APPEALS nta Regular Meeting at the Sou]hold Town Hall, Main Road, Southold, NY, on THURSDAY, MAY 21, 19~7~ at the following times: 7:35 p.m. File No. 3624- the Zoning Ordinance, Article XI, Section 100-119.2 for per- mission to construct accessory structures with a setback of less than 100 feet from bluff/banl~ along the Long Island Sound. Location of Property: Right*of- way off the north side of Main Road~ Orient, NY; COunty Tax Map Parcel ID No. 7:40 p.m. File No. 3625- PUDGE CORP. Special Excep, t~-to the Zoning Ordinance,' Article VIII, Section 100-80(B) for permission to construct one- story "mini-storage" buildings in this "C-Light" Industrial Zoning District. Location of Property: East side of Horton's Lane, Sou]hold, NY; County Tax Map Parcel ID No.i 1000-63-01q0.· 7:45 p.m. File No. 3626- NORTH FORK EARLY, dinance, Article 111, Section 100--30(B)[3] for permission to establish private (nursery)( school lor day-care center], as a nonprofit organization at premises referred to as the "Veterans Cothmunity Cente~' north side of Pike Street, east side of Wickham Avenue, and south side of Hill Street, Mt~t- truck, NY; County Parcel ID No. 1000-140-2-39. 7:50 p.m. File No. /3632- N_ORTH . FORK EARLY LEARNING CENTER. Variance to the Zoning Or- dinance, Article I11, Section 100-30(B) [3] subsections (a) and/ (d), for permission to establish non-profit private (nursery),.school [or day-care center] within existing building which is set back less than 50 feet from Pike Street, and upon premises having less than five or more acres, referred to as the "Veterans Community Centee,' north side of Pike Street, east side of Wickham Avenue, and south side of Hill Street, Mat- ti]ack, N~ County Tax Map Parcel ID No. 1000d40-2-39. 7:55 p.m. File No. 363~ JOHN KRAMER AND WAYNE a~IPETRIS. Variance ~nce, Arti- cle lll, Section 100~0 (C) [2] for permission to' replace 'existin~ ground sign, the lower edge of fORK which shall be less than four feet above the ground. Location of Property: 54985 Main Road, Southold, NY; County Tax Map Parcel ID No. 1000-62-1-5. 8:00 p~m. File No. 3629- IR- WIN AND SONDRA THQMPSON. variance to the Zoning Ordinance, Article VI, Section 100-62(E) and Article VII, Section 100-71, for approval of an insufficient sideyard set- back to an existing structure and proposed new structure resulting from an alteration in the Ioca- tion of lot line of abutting parcd being duly sworn, says that she is the DNG ISLAND TRAVELER-WATCHMAN, ~r printed at Southold, in Suffolk County; e of which the annexed is a printed copy, ,d in said Long Island Traveler-Watchman r ..................... ./ ..... weeks 'iencing on the /"~ '~' ..... BARBARA FORBES lqotary Pub]ie~ S~ate of New York No. 4806&~6 Qualified in Sa£f~flk County Commission Expires ~ 3/ 19 ov 8:20. File No. 3543- pETER_ A~D BARBAR. A HERZ. Variances to the Zoning Or- dinance, Article XI, Section 100-119.2 for permission to locate new single-family dwell- ing with insufficient setbacks from existing bulkhead and from highwater areas along Midway Inlet and Hog Neck Bay, premises referred to as 70 Cedar Point Drive, Sou]hold, NY; Cedar Beach Park Map, part of Lots 152 and II0; Coun- ty Tax Map Parcel No. 1000-90-02-13.1. The Board of Appeals will hear at said time and place all persons or representatives desk. ,~ lng to be.heard in each of the~ above matters. Each hearing will not start before the time allot- ted. Written comments may be submitted prior to the conclu- sion of the subject hearing. For more information, please call 765-1809. Dated: May 11, 1987 BY ORDER OF THE renting of not more than three rOOms, in conjunction with pre- sent single-family use and acessory apartment user' established under AppL No, 3597 March 5, 1987. Location of Property: 355' Terry Lane, Sou]hold, NY; County Tax Map Parcel No. 1000-65-7-20. 8:15 p.m. File No. 3439- ARNOLD AND KAREN .~Variances to the ZOn- ing Ordinance, Article 111, See- lion 100-31, Bulk Schedule, for approval of insufficient area and width of two proposed parcels in this pending division of land located at Cedar Lane (and Pine Ph~e), East Marion, NY; "Map of Section 2, Gardiners Bay Estates" Map No. 275, Lots 156, 157, 158, 159, 160, 167 thru 172, inclusive, 151, 153; County Tax Map Parcel Nh. IfiOO-OYL'LIO.2. to the east. Zone District: "B-I General Business:' Location of, '-- ' Property: COrner of north side/ ~ ..... . .(.~?. ?...~.~. i.. of Main Road and east side of ............... Boisseau Avenue, Southold~ NY (Thompson's Emporium); County Tax Map Parcel ID No. . 1000-63-03-08. -: ~ / ~/ -' n/~:05 p.m. File No. 3586-'~ me this .......... ./. ......... day of ]~QBERT AND HELEN DIER.~ Special Exception to the Zoning J Ordinance, Article I11, Section !0m31gB)]16] for peiniiisf0h't0'"I ...... estab.?sh "Bed and Br~a~faS~ ] Use, an owner-occupied ] building, other than a hotel,/ ~ . ~,~ , where lodging and breakfast ia/ provided for not more than si:( ' ' ' ~' ...... ~ ' / ................. casual, transient roomers, and% Notary Public Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR.. SERGE DOYEN, JR. ROBERT J. DOUGLASS .JOSEPH H. SAWICKI TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time and date of the public hearing concerning your recent application is a copy of the Legal Notice as published in the L.I. Traveler- Watchman, Inc. and Suffolk Weekly Times, Inc. Someone should appear in your behalf during the public hearing in the event there are questions from board members or persons in the audience. Please be assured that your public hearing will not start before the time allotted in the Legal Notice. If you have any questions, please feel free to 'call our office, 765-1809. Yours very tr~lv_~, ~ G-ERARD P. GOEHR[NGER ~,/ CHAIRMAN Enclosure Linda Kowalski Secretary and Board Clerk APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 50UTHOLD, L.I., N.Y. ~llCJ'7'l TELEPHONE (516) 765-1809 December 15, 1986 Mr. and Mrs. Robert 355 Terry Lane Southold, NY 11971 Dier Re: Appeal No. 3586 (Special Exception B & B) Dear Mr. and Mrs. Dier: In researching the history and present uses of your property which is under consideration at this time for a proposed Bed and Breakfast Use, it appears that the existing apartment in the accessory garage structure is not reflected in the June 6, 1977 Certificate of Occupancy No. Z7701. We therefore must request proof of the date of establishmen~ of the apartment and legal conversion for the record. Please feel free to call if you have any questions. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN lk JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 December 1, 1986 TO: Southold Town Zoning Board of Appeals FROM: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3586, application of Robert & Helen Dier 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 OEC 0 [ 1986 Town Cie~rk Soulliobi' ~N OF SOUTHOLD, NEW YORK APPLICATION FOR SPECIAL EXCEPTION Application No. Date Filed: TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: ,~ (We), ~o~ ~//~z~ ~:.~ of ~.~j~ ~'-~ (Re~idenc~, House No. and Street) (Ham]et, State, Zip Co~e, 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. ~-- f- ~/~Z~ ~)/~.~ ~(are) the owner(s) of property known an~ referred to as .9'.r-~ ~-~/ /-/~ ', . ,foOw~ · /(/.~V~. //~/ (House No., Street, mam~et) identified on the Suffolk County Tax Maps as District 1000, Section ~ Block ! , Lot(~/) ~ , which is not (is) 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~ 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~-~?~.r~~ ~.s cmnsi~¢n~ with the use(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 YORKi ss.: Sworn to before me this ! day of (?~rb~ry~_~ublic) ~ F ~ - ETH ANN NEVIU..E ZB2 (rev. 2/6/86) Not~Publlc, State of New York No. 52-8126850, Suffolk Term Ex~ire~ October 31, and BOARD OF APPEALS. TOWN OF SOUTHOLD In the Matter of the Petition of to the Board of Appeals of the Town of $outhold TO: ,~',~. NOTICE ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of th~..-undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance)~pecial Ex ec~ption} (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: $. That the provisions of the Southold Town Zoning Code applicab!e to the relief sought by the under- signed are k:ticle ,~r- Sectic~ /~o -?o ~' L~./~) [ ] Secti0n 280-^, New York Town Law for appr0val of access over right(s)-of-wRy. 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) 7~5-1809. 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: ~"~,~z ~¢~ ! /'~"~ ~ Petitioner Owners Names.~4~:~_~y~j_,~ Post Office Address (Te]. ~/~- ~- ~ 263 059 651 RECEIPT FOR CERTIFIED MAIL NO tNSURA~ICE COVERAGE PROV[OED NOT FOR INTERNATIONAL MAIL (See Revers6 TOTAL Postage an~ Fees PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss.: r- e/'" , residing at '~,~.C ~F"~'L4 Z~. ~ O J~ ~ , , being duly sworn, deposes Jnd says that'on the~ day of ~c ~ ,~ ~ , 1 9 ~, deponent mailed a true copy of the Notice set forth/on the re- ve~ side hereof, directed to each of the above-named persons at the addresses set opposite thor respective namm; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current ass~sment roll of the Town of Southold; that said Notices were mailed at the United Statm Post ~- fi~ ~ ~/~ ~ ~ ; that said Notices were mailed to each of said persons by IIle~ fy PuMIc, State of New Yolk No. 62-8125850, Suffolk Term Expires October 31, 19~:~ (This side does not have to be completed on form transmitted to adjoining property owners.} BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of 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 nf the undersigned to petition the Board of Appeals of the Town of Southold to request a (Var ance) ~iS'~al Exceptmn~(Spe¢~al 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: ~.f'3" ?-.~',~ ,~ .:,' ~' _ ~.~. ,~' .r'~ ~ ,~'/~/~.~ ~ ~?~. 3. That the pr_~perty 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: ~ o ~'~' ,~r/~ $. That the provisions of the Southold Town Zoning Code applicabl.~.to the relief sought by the under- signed are Article ~--~ Sectic~ F 1 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 Southoid 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 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: .~ e~ ~,,~.,- / /.~/~ e~e~/~,,~ Owners'Names: Post Office Address ( T e ]. J-/6 --?6 J~- $ ~- ';'/ NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS p 263 059 646 tPT FOR cERTIFIED MAIL NOT FOR ~NT£~NATIONAL N~A L (See Reverse) c STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: , being duly sworn, deposes and,~ays that or/the /'J"~'" day of _J~C~ ~7 .,/~.~?~ ,19 r~/-,- , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United .States Post Of- fice at --~o~'J~o lQ/, /7- ~ . ; that said Notices were mailed to each of said persons by ~(registered) mai[ Sworn to before me this / ~ day o~f ~,.e~r',3~:)~_~- , 19 ~ Notary Public El?Al]EH ANN NEVILLE Notary Public, State of New York No. 52-8125850, Suffolk Term Expir~ October 3t 1 (This side does not have to be completed on form transmitted to adjoining property owners.) FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date ...~~ .... 3 ........ , 19~. that your application dated -~. ........, for permit to ~..~,d ............ at Location of Property . ~. · .~. · .'~.. ....... ~tr~ ~.· ~' .... '~.~ ['t[~[Ise NO. ' ............ County Tax Map No. 1000 Section ... ~..~. ..... Block ...... [ ....... Lot ...~ ..~. ..... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds... ,,~r. ~ ~,,~.~_~,~ . ....... .... ........ RV 1/80 The ;t.Y.S,m~.Fnvlromnencal (luaI~Y HCvle~Ac~ requires sub- '..::i'</"' ' mission of th~form, and an environmentIrev~w will be ~, " made by ~his b~ard before any action is t~en. ~'~ ..... ;,..,,,~,~., ~. ., , , ~, . J ~,) ~:;,~, 31VIRO,,,,,ENTAL .' ...... %~ '. ' .~,.'. :. .,, ,.'-,': .'..", ': ;. · - . : ~'. . ,,....-:,. ,..~ ..... ..:. I,I.~I~.~..S. . . .."}'~i.U'. ', ' ." .... (a) In order to answer the que~tion~ in thl~ ~hort Sl~ ls 1~ a~eg that .. ,,- preKarer wll' use currently available ~fo~tlcn concemln~ the crolect and 'n. · :~:-a;,- ',;- ~",:'tor Giber lnvesuigatlons w~l be ~dortak~n. ' · · · · · ,, ,,-:,. · :"("~ ," ? .~?', ....... ',' -.' .' "; .' ' ,'; "-~ ..... :'-.', · :-".;',?.,,.' l':,'.:?,'.,". (b) Ir any question has be~n angwered Yes th. proJoc~ ~7 be atDlflcant~nd i ,' .,-. .....'~...:~ (c) I~ all que~:10ns have been answered No ~: ~= likely t~: thin ~rota~ ~. "~-' · , ,:y~4L.'~ ..,v~.%.: (d) ~nv~ron=entat l~e~ment '",. ,~.,', :' .,. ,' .' ' '. -;,."','~".. ' ;,C~.,. . ~.~.... ,,..,;.,. ,.... , to the project site or physically alter mor: ;- - ..-'.., ~.~., . ~ ~ .... ,j.. ..... , .... · · · * · · Te~ /~ No .. ~,~ $',~ ..... ~-:;? ' · ~, Will :here be a m~lor chanma %o any ~taum or ' ' -:"'~ ,;9~-:'.;:',:' ,,.:,'r, unusual lan~ fo~ fo~d on ~h~ ~l~e? . . . . . Ye~ / fie "' 6. 7. 8. Will project af£ec: any threatened or endangered Will project result in a major ed';eras effect on Will project have a raJor effect sa visuel 9. Will project adversely i~.pact any ~lto or ute of historic, pro-hl~oric, or envlro~en~l area by a locn~ a~oncy? . . . lO. W~I project have a ~mJor effect on exlot~g or 11. Will project resut% tn mm Jot %raff!c problems or 12. Will project reg~arl7 cauae objectionable 13. Will pro3ec% n,~ve any impact on public health or Will proJec% 4ffcc: %he existing co~muni:F b~ d!rectl7 eau:In4 a q:'c'ath in ~er~anent period n~ have a ~aJor negative effect on ~5. lo %hcre puollc~ntr:vers7 ~nc~'rn:ng thc ............. DAT5: W~11 project alter or k~ve a large effect on ". an ex,sting body of water? . WL!I project have a potentially large iapac~ on grour, owater quality? W~! project si~ificantly'effect drainage ~ .. ';"' Yea .... Yes .,. o ~/ No Yea ~/ No +- · ~ ~ ~o , ,,,,, ;,...., .,. ye~ ,, ~ 4;/ ' , Tee .'/ No Yes / No · Yes ~ !; FORM NO, 4 TOWN OF SOUTHOLD BUr[.r~ING DEPARTM~.NT Town Clerk's Office Southold, N. Y. Certificate Of Occupancy THIS CERTIFIES that the building located at . .S./.S....T.e.T.ry' .L..a.n9 ......... Street Map No. ~ ......... Block No.....x~x. ..... Lot No....x~..x~. .... S. 9.u.t.h. 9.]_.d...~:.y... ...... conforms substantially$o_~he A~p. plica,tion for Building Permit heretofore filed in this office vu±y ro 74 739~Z dated ......... .Mar. ~ ....... , 19..?.3. pursuant to which Building Permit No.6(~82Z... _July 10 1 dated .... ?!a..r .... .~ .......... , 19.?.~., was issued, and confoms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is issued is .P..r.i.v.a.~..e..qn.e.. f.a,m..i.1X .d.¥.e.l.l.i..ng ..&..G.a..r.a.~e. ............................ The certificate is issued to . ...R.o.b. eA't. P.~,~' ..... ~'~er ............................. (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval .M. ar. ~ ....1.~.7.? ..................... UNDERWRITERS CERTIFICATE No.E.~.~..~? .Si ..... .A.p..r.i.1.. ............. HOUSE NUMBER ...... 3~,~ '.... Street ... Tarry...Lane ......... Soathol~ ....... .~.o.t..e.:..qa..rp.e.t..i.n~,..e..t.c..b.y.p.w.n..e.r ............................................. .... ...... SOUTHOLD TOWN BOARD OF APPEALS MATTER OF ROBERT AND HELEN DIER THURSDAY, FEBRUARY 5, 1987, PUBLIC HEARING 8:45 p.m. Appeal No. 3597 - Public Hearing commenced in the Matter of ROBERT AND HELEN DIER~ Special Exception for ac- cessory apartment in existing garage area. The Chairman read the legal notice and application for the record. CHAIRMAN GOEHRINGER: I have a copy of a survey indicating a split level framed home approxately 22,050 square feet which exists fairly close to the water, a long driveway back to Terry Lane. The parcel is approximately 97°93 feet to the water, 100 feet on the road and its longest distance, 282 feet deep. And I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Is there anybody representing the Dier's tonight? We do this or not. We are going to swear everybody in in this hearing and I'm doing it for a specific rea- son. Do you solemnly swear that the information you're about to give is the truth? MR. DIER: I do. CHAIRMAN GOEHRINGER: Thank you sir.~ Is there ,.anything you'd like to say concerning your application? MR. DIER: I don't think so. I think I meet the rules that are down here for the accessory apartment. There's enough room in the apartment° I have parking for above paved ground. I'll answer any questions you want. CHAIRMAN GOEHRINGER: Is there... This is on the first story of the house or is it on the second story? MR. DIER: There's one story up above the garage. CHAIRMAN GOEHRINGER: I see. So it's basically above the garage. MR. DIER: Yes. CHAIRMAN GOEHRINGER: Is that the part you can see probably most visible from the road? Is that correct? MR. DIER: It's nearest the road. Correct. CHAIRMAN GOEHRINGER: Are you planning on renting this to a large family? MR. DIER: No. It's not going to have no more than two people. Page 2 - February 5, 1987 Public Hearing - Robert and Helen Dier Southold Town Board of Appeals CHAIRMAN GOEHRINGER: Alright. Thank you very much. We'll see what develops throughout the hearing. Is there anybody else who would like to be heard concerning this application? Sir. Would you raise your right hand and state your name for us. MR. WAGNER: Good evening to the Board. My name is John Wagner. I'm an attorney with Esseks, Hefter and Angel, 108 East Main St., Riverhead, NY and I'm appearing on behalf of several people in the neighborhood in opposition to this application. CHAIRMAN GOEHRINGER: Do you swear that the information that you are about to give is the truth? MR. WAGNER: Absolutely, yes. CHAIRMAN GOEHRINGER: Thank you sir. representing? Can you tell us who you're MR. WAGNER: I'm representing 4 neighbors. Mr. and Mrs. John May who are the neighbors immediately to the east of the parcel in question. I'm representing a Mr. Philip Barth who is several lots to the west of the parcel in question. Mrs. Margaret Catzenbach who is two lots to the east and across Town Harbor Lane. I'm also representing Mrs. Joanne Walker who is one lot further over than Mrs. Catzenbach to the east. These are all waterfront owners and I have reviewed the file for this application and I've also re- viewed the town code requirements for the granting of the special exception in question and I have ascertained that the application is effective in several respects. There are both specific and general requirements for the granting of the accessory apartment exception under the town code. Amoung specific requirements are several that I felt the applicant has not met. The first of these is that the accessory apartment shall be located in the principal building. The application as it stands and the documentation sub- mitted on behalf of the application and as Mr. Dier has also tes- tified, the accessory apartment proposed is to be located above a detached 3-car garage. This is not the principal building on the parcel. And therefore, the applicant has not met this require- ment. Also there is nothing on file to indicate that there is any Sign of a lease for a year around occupancy in the offering for this particular accessory apartment. Once again this is a requirement specifically stated forth in the town code. There is a requirement that a mimimum of 3 off street parking spaces be provided for the accessory structure, for the accessory apart- ment. Excuse me. As it stands, the house itself under the cur- rent town code, requires 2 off street parking spaces. The ad- ditional 3 parking spaces for the additional accessory apartment would bring the total number of parking spaceS required to 5. There are not 5 parking spaces on the property. There is a 3 car garage which makes 3. There is another turn around area close to the house which is approximately 16 feet wide and which would make up another space possibly but is certainly not enough for 2 spaces. So the code requires that each space be at least 10 feet in width. There is also a requirement that the Suffolk County Department of Heath Services approve water supply and sewage disposal systems for the accessory apartment. I found Page 3 - February 5, 1987 Public Hearing - Robert and Helen Dier Southold Town Board of Appeals MR. WAGNER (continued): no indication in the file that there has been any application made to the Suffolk County Department of Heath for this appli- cation. There is an approval from the Department of Heath dated 1977 which was for the principal building itself but does not concentrate any accessory apartment use at that time. This concludes my comments on specific requirements for the special exception. CHAIRMAN GOEHRINGER: Thank you sir. Go ahead. MR. WAGNER: There are also general requirements that should be considered when considering such an application for a special exception and along these are the; safety, the health, welfare, comfort, convenience for the order of the town and any adverse effect that the application may have on that. I believe that the applicant has not addressed this issue in this application. And I think that all of these factors will adversely be effected if the accessory apartment is granted. There will be an increase in density of population because of the extra dwelling units. There will be further added traffic in the area6 Resulting in a hazard from people coming out of the driveway. There is also going to be a problem with emergency access because the apartment is set inca garage which is located well back from the Main Street. And the only access to the principal house and the accessory apart- ment would be over a 10 foot driveway. If there is substantial parking for the accessory structure and also the principal dwel- ling, it would be very difficult to get down that particular drive- way. There's going to be an increased impact on the water and sewage problems for the area. The property values in the area may decrease by the fact that there is a rental unit in the area and this will effect the character of the neighborhood as well. And in summary, I would just say that I believe that this par- ticular accessory apartment will detract from what is truly in- tended by the town code for the residential/agricultural use dis- trict which the property lies. Thank you very much. CHAIRMAN GOEHRINGER: Thank you Mr. Wagner. Is there anybody else who would like to speak against the application? Sir could you use the mike and state your name please. Excuse me. I have to ask you to raise your right hand. Do you solemnly swear that the information that you're about to give is the truth? MR. BARTH: Yes I do. CHAIRMAN GOEHRINGER: Thank you sir. MR. BARTH: I'm a resident on Terry Lane a few lots west of the applicant's residence. And the reason I want to speak against this application is several. Number one; That the garage is not attached to the house which actually makes, if this request is granted, would make 2 dwellings on one piece of property which I think is not a legal thing to do. Number two; and al- though this might not be pertinent just to this area. The ap- plicant also has an application in for a Bed and Breakfast place. Page 4 - February 5, 1987 Public Hearing - Robert and Helen Dier Southold Town Board of Appeals MR. BARTH (continued): He also has a dock going out 250 feet out into the water where ~e's bringing in a big 42 foot boat. And my feeling is that the applicant is trying to make a commercial enterprise out of some- thing that just is supposed to be a residence. CHAIRMAN GOEHRINGER: Thank you sir° Is there anybody else that would like to speak against the application? Is there anything you'd like to say sir? MR. DIER: There certainly is. CHAIRMAN GOEHRINGER: We usually run one round all the way up and then we come back. MR. DIER: Let me see if I can remember all the things he said. In the first place, I have a C.of 0 for the house and garage as attached. It is attached° What else did they say? I don't know how true it is that you have to have 10 feet for every car. I have, according to the plan you've got there, 32 feet across the front of my garage. I always figured that 8 feet was probab- ly enough for a car to park. I don't know whether that's true or not. Then on what we call the turn around, we have some 16 feet. We park 2 cars there all the time. As far as I'm con- cerned, I've got room there with no problem whatsoever of park- ing 6 cars. Something else I said and I don't know how true that iSo Is also they said you have to have 3 parking spaces for this accessory apartment. I was told by the Building De- partment when I inquired about it, that you have to have one. Two for the house and one for the auxiliary apartment. I don't know why an auxiliary apartment should require more than my wife and I require in the main house. So I have room for 6. I figure two for us and one for the apartment. Even two for the apartment is four. I have room for six° All paved and no problem at all. CHAIRMAN GOEHRINGER: You're referring to 3 in the front of the garage? MR. DIER: Four in the front of the garage. CHAIRMAN GOEHRINGER: Four in the front of the garage and two over on the one side. MR. DIER: And two over on the other spot there. CHAIRMAN GOEHRINGER: Ok. Go ahead. MR. DIER: Are there any others? What was said? CHAIRMAN GOEHRINGER: I just want to ask you if you'd come up here for one second and just pencil in to us where (in fact I will give you a pen) exactly show is where the house and garage are attached. Page 5 - February 5, 1987 :?Public Hearing Robert and Helen Dier Southold Town Board of Appeals MR. DIER: If you check in there, it's attached, my C of 0 shows it as an attached building. CHAIRMAN GOEHRINGER: Is it above ground or fairly level with the ground? MR. DIER: It's about a foot above ground. What else was there that was... CHAIRMAN GOEHRINGER: I don't know. MR. DIER: As far as the too much traffic in the area. I don't think two people are going to create too much traffic. Right on our corner we have a town park and right next to that we have a boat yard. A commercial boat yard. So I don't think that two more people in the area is going to make the slightest bit of dif- ference. CHAIRMAN GOEHRINGER: Ok. I thank you very much Mr. Diet. Is there anybody else who would like to speak? Mr. Wagner. MR. WAGNER: I'd like to approach the Board and show them the diagram I have of the parking facilities if I may. This was ob- tained from the file that was in the Building office. You can see here the dimensions of the area. Now my point is that the requirements for off street parking clearly require a minimum 10 foot width by 12 foot length for each parking space. Now you can see he only has 16 feet across there. 'This would not permit two parking spaces of the requirement. We further only have 16 feet back here which would not satisfy the length requirement either. Therefore, it's conceivable that cars parked there could actually block access to this garage. You can see that if you had two cars here and three cars here, the congestion in this area is going to be very severe. If there is a fire caused by the accessory apartment or something, firetrucks or other emer- gency vehicles are not going to get down here. I further under- stand that right now, and I'd like to point this out, this apart- ment is a functioning dwelling unit even though it does not have a permit. There are two tenants in there and they have girl- friends living with them and there are already a substantial num- ber of cars being parked there. I think this is a serious problem both for the safety of the people in the apartment and for the ser- vices of the town itself. All the diagrams I have and these were submitted by the applicant, indicate that the buildings are de- tached. I see no indication of any structure between these two buildings. And in fact, I think if I'm not mistaken, the appli- cant has expressed it as that as a detached 3-car garage. I may be incorrect on that° CHAIRMAN GOEHRINGER: Well we'll have the Building Department look at it. MR. WAGNER: Thank you very much. CHAIRMAN GOEHRINGER: Thank you. Not to make this counter pro- ductive, but is there anything else you'd like to say? ~?Page 6 - February 5, 1987 Public Hearing - Robert and Helen Dier Southold Town Board of Appeal s MR. DIER: I've nothing further to say about what he said. CHAIRMAN GOEHRINGER: Very simply expressed Mro Dier was the fact that he did not feel that there was enough room and I apologize for not asking you to come up here. MR. DIER: I do want to see. I know he brought a diagram up there. CHAIRMAN GOEHRINGER: He brought the same diagram that's in the file that you pencilled between the dock and the house. He felt that there was not enough area (I assume) in width and square footage to require 6 parking spaces in this particular area and I don't want to get into that tonight. Principally, that's their presentation. We will make our own determination based upon our own parking schedule and what you have given us here and we may ask you to increase it. We may ask you to leave it in the same vein that it's in now. MR. DIER: Well besides what... This is what is paved. We have times in the summer time when we have company and things like that. We park a lot more people back there than that because we have other places where you can just drive off the pavement but there's plenty of pavement. You simply can probably go over there and see. CHAIRMAN GOEHRINGER: Well I was there last Sunday. I had seen it. As I said, I didn't bother you. I didn't come up to the house or whatever the case might be. MR. DIER: Well if you go back there any time, feel free to go back there and check that area. There's plenty of parking spaces there. I didn't hear what else you said. MR. WAGNER: That was the substance. The parking. Could I make one more observation. CHAIRMAN GOEHRINGER: Stay here so you can listen to this sir. MR. WAGNER: It would appear from everything surrounding this application that there's more here that meets the eye. Basical- I.ly is what Mr. Barth stated. There is a dock of some 250 feet constructed out into the Bay and there is also a pending Bed and Breakfast application brought by Mr. Dier which I understand from talking to Linda, is currently being held in a pending status until this particular application is resolved. I think and the neighbors are very concerned that what we may be seeing here is an attempt the develop of some quaser commercial use. Namely a hotel or a transient use that is totally not befitting this area. It is conceivable that the access proposed is ac- tually from the Board. We may be facing a situation where boats may be pulling up there, spending the night, availing themselves of the Bed and Breakfast. And therefore, some reinteration be- ing exchanged for it. And I think this kind of commercial opera- tion however it may be characterized though, is just not in keep- ing with the town. Page 7 February 5, 1987 Public Hearing - Robert and Helen Dier Southold Town Board of Appeals CHAIRMAN GOEHRINGER: Well we're not here to entertain that ap- plication. We will have a separate public hearing for that ap- plication. MR. DIER: May I say something about that dock? That dock is 250 feet long. That's a hell of a long dock. It's 250 feet long because at the end of it you have to go out to the end of it to get to 3½ feet of water. Everything else... The first 40 or 50 feet of it is on bare ground, the beach. Then you go out and wade out. It's only at the last 30 feet or so that you have room enough for my boat. That's why the dock had to go out that far. Everything else is half a foot, a foot, a foot and a half or you can't even put boats in. I get my boat and it's a 37 foot boat and there's a 3½ foot draft, I had to go out 250 feet for it. Not for the length for the use of the dock but to get out to the water that is suitable for my boat. The dock has been there in various stages of completing for 8 years. The boat has never been there yet. It will come out. It was there once about 7 years ago. It will come back ..... TAPE ENDED CHAIRMAN GOEHRINGER: Thank you sir° Anything else Mr. Wagner? MR. WAGNER: I would just say that what appears to be the ap- proach to this application and also with the dock, is to pro- ceed in the face of the requirements, not obtain necessary per- mits. The dock itself, as I understand it, permission was or- iginally .... CHAIRMAN GOEHRINGER: Excuse me. You can't hear him can you. MR. DIER: It's something about the dock he's saying. I'd like to be able to hear. CHAIRMAN GOEHRINGER: We're really bending the rules here because we do have an audience and we really do ask for the mikes to be used for that purpose. MR. WAGNER: Would you like me to go back to the mike? CHAIRMAN GOEHRINGER: Yes. Go back to the mike. make you come up here again sir. I'm sorry to MR. WAGNER: I don't want to dwell too much on the dock. I just want to point out that the structure of the dock as it is now is not what was approved by the applicant's permit° They have con- crete pilings installed now. It was originally approved for tim- ber and there's an application pending to bring it into conformi- ty. But bringing that up to illustrate that what we have here is ~.an applicant that flies in the face of regulation. The accessory apartment is on going right now. It's operating without a permit. It's used as an illegal use. No special exception was obtained and I think we should consider that attitude in considering this application. Thank you. Page 8 - February 5, 1987 Public Hearing - Robert and Helen Dier Southold Town Board of Appeals CHAIRMAN GOEHRINGER: Thank you sir° Will you answer that? MR. DIER: There's one more about the dock.to get it out of the way. Every single thing that~was done on that dock I have a permit for. If at the next hearing you want those permits or any time in between, I will bring those permits, everything for the original wooden dock. The concrete work that was put in later, I have a permit for. Every bit of it. CHAIRMAN GOEHRINGER: Let me just ask you this question since the question was raised by Mr. Wagner. Are you presently rent- int the accessory apartment? MR. DIER: Yes. CHAIRMAN GOEHRINGER: And how long has it been rented for? MR. DIER: It has been rented for approximately 3 years. CHAIRMAN GOEHRINGER: Thank you sir. Thank you very much° MR. DIER: And it may not have been legally rented but the traf- fic certainly didn't bother the area. CHAIRMAN GOEHRINGER: Thank you. Yes. Let me just have your name again for the record. See we're taking that down. MR. BARTH: Again about the dock. Mro Dier says he has all the necessary permits. I have a folder about this thick of corre- spondence that you have, that the Board has had, that the trus- tees have had with the Corp of Engineers and their answer was that Mr. Dier has a permit for an open timber dock. He does not have the permit for what he did with the concrete. That's the answer that we got from the Corp of Engineers and I have it in writing. CHAIRMAN GOEHRINGER: Would you state for the record your. name again sir. MR. BARTH: My name is Phil Barth. CHAIRMAN GOEHRINGER: Thank you. on the dock. This is the last issue though MR. DIER: According to how the dock came to be. Eight years or so ago I got a permit from the Corp of Engineers to build a dock. It took a while to get the permit. All the people in the neighborhood fought like hell to stop me from getting it. Well I got the permit and I built the dock. The dock got taken down by ice. I rebuilt it. It got taken down again. I started. I made up plans to put concrete around it. I went to the Conser- vation Department and they are the ones who gave me the permit for it. They said you don't have to go to the Corp of Engineers. Page 9 - February 5, 1987 ~?Public Hearing - Robert and Helen Dier Southold Town Board of Appeals MR. DIER (continued): for this° We can give you a permit for this right here. No public hearing no nothing and they gave me the permit for it. I didn't do it to escape the Corp of Engineers. I had no rea- son whatsoever to believe that they'd even want to. The Con- servation Department gave me the permit for it. The permit still stands until December 30th of this year. The last day of this year my permit is good. The dock is now finished° Now if somebody came and contacted the Corp of Engineers, the Corp of Engineers contacted me and said that we should have been in on this. You should have gotten a permit from us too. Well that's not what the Conservation people told me° So now I'm going through the formality of getting the permit from the Corp of Engineers but there was nothing done whatsoever to avoid them. They never gave me any trouble. They gave me my original permit and I presumed they would have given me the permit for the concrete. But the Conservation people who had to give me the final permit to build the dock, because if any of you remember any of this, there was a period back there when there was a moratorium. You couldn't build docks or anything for some 3 or 4 years. When that moratorium ended, it was the Conservation people who gave me the final permit to put the dock in, the original wooden dock. So since that time, even though they have been dealing with, they are the ones who gave me the permits ~or the concrete and that's all it amounted to. Now the Corp of Engineers want their approval on it also and all the papers are there for them to give their approval after the fact. But I had my permits from the Conservation Department. CHAIRMAN GOEHRINGER: Can I ask you for the record sir and you have already stated and I'll ask you to say yes again, that you have no intention of using this dock in conjunction with the application that is before us. Is that correct? MR. DIER: No. That dock has been out there, like I say, for 8 years in various stages. This summer it was out there com- pleted and last summer it was out there completed but except for a couple of pieces of concrete work that had to be done. There has not been one boat come out there to that dock yet except for my little 18 foot clam boat. My big boat hasn't come and no other boat has been near that dock. CHAIRMAN GOEHRINGER: Do you have any anticipation or any thought of renting this apartment if it is so granted by this Board, the premise to operate or use this apartment on a tran- sient basis and use the dock in conjunction with that? MR. DIER: None whatsoever. CHAIRMAN GOEHRINGER: Thank you sir° Any questions from Board members? Hearing no further questions, I'll make a motion clos- ing the hearing reserving decision until later. We thank you all very much for coming in and have a good evening. Ail in favor - Aye.