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HomeMy WebLinkAbout3659 Southold Town Board o£Appeals MAIN ROAD- STATE ROAD 2.5 SOUTHOLD, L.I., N.Y. TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3659 Application Dated August 5, TO: William D. Moore, Esq. as Attorney for QUIET MAN Suite 3 - CLause Commons Main Road Mattituck, NY ]]952 1987 INN [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on November ]8, ]987, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [X]Request for Variance to the Zoning Ordinance Article XI , Section ]00-112 Article III Section lO0-31 [ ] Request for Application of THE QUIET MAN INN for a Variance to the Zoning Ordinance, Article XI, Section 100-112 (and Article III, Section 100-31) for approval of insufficient number of parking spaces of this preexisting business use. Location of Property: Corner of Main Road and Hobart Avenue, Southold, NY; County Tax Map Parcel No. 1000-62-3-7. WHEREAS, public hearings were held on September lO, 1987 and October 8, 1987, in the Matter of the Application of QUIET MAN INN under Appl. No. 3659; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application, and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located in the B-1 General Business Zoning District more particularly identified on the Suffolk County Tax Maps as District 1000, Section 62, Block 3, Lot 7, containing a total area of 4,008 sq. ft. 2. The subject premises is a corner lot as defined by Section 100-13 of the Zoning Code with frontage of 63.50 feet along the south side of the Main Road and 97.99 feet along the east side of Hobart Avenue. 3. The subject premises is improved with one two-story framed building as shown by survey mapped February 13, 1987 by Roderick VanTuyl, P.C. with setbacks: (a) from the front property line along the Main Road at 1.2 feet; (b) from the west (front) property line at 24± feet; (c) from the south [rear] property line at 21± feet; (d) from the east [side] property line at 2.3 feet, all at the closest points. (CONTINUED ON PAGE TWO) DATED: December 22, Form ZB4 (rev. 12/81) 1987. CHAIRMAN, SOUTHOLD TOWq~ OF APPEALS ZONING BOARD ~age 2 - Appl. No. 3659 Matter of QUIET MAN INN Decision Rendered November 18, 1987 4. By this application, appellant requests a Variance from the Provisions of Article XI, Section 100-112 of the Zoning Code for approval of the existing number of insuffi- cient parking spaces with the proposal to extend the existing building 10 feet towards Hobart Avenue, 57.5+ feet in length, and then extending at an angle parallel with the westerly property line 10 feet wide and 12 feet in length [see Sketch A-3 prepared by V. Regi Weile, Architect, submitted under this application]. 5. For the record it is noted that under separate application, a frontyard setback reduction variance was denied (same date hereof) under Appl. No. 3593. 6. The addition is proposed to extend the kitchen floor area and seating floor area as more particularly shown on Sketch A-7 prepared by V. Regi Weile Architect, for the placement of six two-seat tables. 7. Several parking plans have been submitted and con- sidered for the total four parking spaces proposed herein. 8. The total seating capacity claimed by the appellant is 26 at tables and 12 at the bar. Section lO0-112(A) of the Zoning Code provides at least 1 for each 5 seats in an eating- and-drinking establishment. The Southold Town Planning Board has determined that a total of nine parking spaces are required to satisfy the Site-Plan requirements under Article XIII. The premises as exists without the addition provides for five parking spaces, for this established business and second-story single-family apartment use. 9. The present square footage of the first-floor area is shown to be 1292 sq. ft. of which approximately 750 sq. ft. has been utilized for the bar and table seating. The remaining square footage has been utilized as kitchen area, lavatories and stair wells [see Sketch A-6]. 10. Also noted for the record are the following documents: (a) Certificate of Occupancy of Nonconforming Premises #Z16245 issued October 2, 1987, (b) copy of letter dated September 25, 1987 from Roderick VanTuyl, P.C., Surveyor, concluding that no more than two vehicles could be accommodated in any arrange- ment of diagonal parking allowing the normal lO' by 20' for each space; (c) letter dated July 21, 1987 from the Building Inspector indicating the occupancy load at 57 persons (both standing and seating). ll. It is the opinion of this Board as follows: (a) the amount of relief requested is substantial in relation to the requirement, that request being five out of the nine spaces required, and being more than 45% of a variance; (b) the difficulties created have been existing for many years and the owners/operators purchased the existing business and premises during the period of time these zoning requirements have been in effect~ (c) an extension of the subject building would add to an existing dangerous intersection and would create serious traffic hazards with the reduction of on-site parking spaces and backing out onto Hobart Avenue; Page 3 Appl. No. 3659 Matter of QUIET MAN INN Decision Rendered November 18, 1987 (d) the circumstances of the property are unique; (e) the relief requested is not the minimal necessary; (f) the test as to "significant economic injury" and "practical difficulties" has not been satisfied as required by law; (g) in view of the manner in which the difficultise arose and in view of all the above factors, the interests of justice would not be served by granting the variance as applied. Accordingly, on motion by Mr. Sawicki, seconded by Mr. Douglass, it was RESOLVED, to DENY WITHOUT PREJUDICE the relief as applied under Appl. No. 3659 in the Matter of ~UIET MAN INN for a Variance to reduce the number of the required parking spaces to a total of four. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent.) This resolution was duly adopted. lk GERARD P. GOEHRINGER, C~qlRMAN December 22, 1987 RECEIVE? %. , SOL ............ RECEIVED AND FILED BY THE SOUTHOLD TOWN Town Clerk, Town of Southold NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting at the Southold Town Hall, Main Road, Southold, New York, on THURSDAY, OCTOBER 8, 1987 at the fo~iowing ~imes: 7:35 p.m. Appl. No. 3651 DEAN KAMEN. (Recessed from 9/10/:87). 7:40 p.m. Appl. No. 3592 BENTE SNELLENBURG. (Recessed from 8/20/87) 7:45 p.m. Appl. No. 3668 - GERARD C. KEEGAN. Variance to the Zoning Ordinance, Article XI~ Section lO0-119.1'(C) for appr6val of construction of fence in the easterly frontyard area at a height of six feet. Location of Property: ~6st~Side of Founders Path and East Side of Hobart Road, Southold, NY; County Tax Map Parcel No. 1000-64-4-10; Founders Est'ates Lot 39. 7!50 p.m. Appl. No. 3657 - CLYDE FRITZ. Variance to the Zoning Ordinance, Article III~ Section 100~31 for approval of insufficient lot area, width and depth of two proposed parcels fronting along the westerly side of Cedar Lane, SOuthold, NY; County Tax Map Parcel No. 1000-78-7-45.1, containing a total area of .694 of an acre. 7:56 p.m. Appl. No. 3663 - MARIO CASTELLI. Variance to the Zoning Ordinance, Article III, Section 100-30 for approval of sign as exists Of excessive sl~e in this "A-40" Residential and Agricultural Zoning District and advertising "Landscaping & Sprinklers by Forever Green~" Location of Property: South Side of North Road (C.R. 48), Peconic, NY; County Tax Map Parcel No. 1000-69-4-1.3 8:10 p.m. Appl. No. 3653 NORTH ROAD ASSOCIATES. (Recessed from 9/10,/87). 8:15 p.m. Appl. No. 3593 and No. 3659 QUIET MAN INN.~ Both hearings recess6d-from 9/10/87) 8:25 p.m. Appl. No. 366~ ANA G. ST~L[O. Variance to rescind prior decision rendered under Appeal No. 3562 on December 11, 1986 for a conditional approval under New York Town Law, Section 280-a, and deleting Condition No. 2 of prior decision rendered under Appeal No. 3619 on April 2, 1987, and as an alternative being subject to New York Town Law, Section 280-a over the existing Page 2- Notice of Hearings Southold Town Board of Appeals October 8, 1987 Regular Meeting right-of-way approximately 100 ft. to the east of the subject right-of-way (approved or to be approved and accepted by the Planning Board for this set-off division of land), located along the north side of Main Road, Orient, NY; County Tax Map District 1000, Section 14~ Block 2, Lot 26 and Lot 12.2. 8:35 p.m. App!. No. 3670 ROBERT H. FRE¥. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for per- mission to locate open deck construction with an insuffici6nt setback from existing ~ulkhead at Harbor Lights Estates, Section I, Lot 10, Southold, NY; County Tax Map Parcel No. 1000-79-04~08. 8:45 p.m. Appl. No. 3669 - MICHAEL AND ELIZABETH LADEMANN. Variances to the Zoning Ordinance, Article III, Section 100~31 and Article XI, Section 100-119.2 for permission to locate new dwelling with insufficient setbacks from the northerly front property line along a private a right-of-way and from the nearest wetland §rasses, premises known and referred to as Lot No. 1, Map of Blum and Littell, located along the East Side of Stillwater Avenue, Cutchogue, NY~ County Tax Map Parcel No. 1000-103-1-19.6. 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 hearin~ will not start before the time allotted. Written comments may be submitted ~prior to the conclusion of the subject hearin§. For more informa- tion, please call 765-1809. Dated: September 28, 1987. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P, GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary Notice to Newspapers: ~lease publish once, to wit: October l, 1987, and forward slx affidavits of publication on or before October 6th to: Board of Appeals, Main Road, Southold, NY 11971. Thank you. NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting at the Southold Town Halt, Main Road, Southold, New York, on THURSDAY, SEPTEMBER lO, 1987 at the following times: 7:35 p.m. Appl. No. 3651 - DEAN KAMEN. Variances to the Zoning Drdinance, Articles: (a) III~ Section 100-32 as to excessive height, (b) XI, Section 100-119.2 as to insufficient setback from ordinary highwater mark of Long Island Sound, of a proposed wind-turbine-generating-tower To be constructed landward or near existing granite monolithic structure. Location of P~operty: North Dumpling Island, NY; County Tax Map Parcel No~ 1000-130-01-004. 7:40 p.m. Appl. No. 3662 - THOMAS AND FRANCES SMITH. Variances to the Zoning Ordinance, Articles: (a) III, Sec- tion 100-31, Bulk Scheduler as to an ~nsufficient sideyard setback of garage, When attached to p~nc~pal dwelling- structure with raised open-deck construction, (b) XI~ Secti.on 100-119.2 for an insufficient setback from existing seawall landward of wetland area for proposed deck addition, (c~~- III, Section 100-32, for approYat of garage as an accessory structure in the sideyard area as an alternative to attaching same to dwelling structureL Location of Property: 200 Hag- waters Driv~, C~tchogue, 'NY; -County Tax Map-Parcel ~o. 1000-104-05-19. 7:45 p.m. Appl. No. 3622 CHRISTZAN B. SALMINEN. Variance to the Zoning Ord}nance, Article XI, Section 100.~119.2 for permission to construct deck addition To dwelling an-d accessory stairs, both with an insuff~c%ent setback from edge of Marion" Lake, or ]an'dward edge of freshwater wetland, Whichever is closer. _ocation of' Property: 240 Lakevi~w Terrace, East Marion, NY~ County Tax Map Parcel No. 1000-31-9-15. 7:50 p.m. Variance to the for permission Location of Property: County Tax Map Parcel Appl.. No. 3658 - PAUL AND CORRINE FERDENZI. Zoning Ordinance, Article III, Sec¢ion 100-32 co locate accessory building in frontyard area. 470 Haywaters Driven Cutohogue, NY; No. 1000-104-5-2i. Page 2 Legal Notice of Hearings Regular Meeting - September 10, 1987 Southold Town Board of Appeals 7:55 p.m. Appl. No. 3665 - LEHESK BUILDING CORP. Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of construction of open deck with an insufficient rearyard setback at 360 Sebastian's Cove Road, Sebastion Cove Lot No. 5, Mattituck, NY; County Tax Map Parcel No~ !g00~!00~03-!1.8~ 8:05 p.m. Appl. No. 3593 - ~UIET MAN INN (Reconvened From May 21, t987):- Variance to the Zoning Ordinance, Article VII, Section 100~71, Bulk Schedule, for permission to construct addition in this~'"B-1~ General Business Zoning District with an insufficient frontyard setback from the westerly property line along Hobart Avenue. Location of Property: Corner of- Main Road and Hobart Avenue, Southold,-NY; County Tax Map Parcel no. 1000-62-3-7. ~ 8:10 p.m. Appl~ No. '3659 the Zoning Ordinance, Article X{, Section t00-112 (and Article III, Section-lO0~31) for approval of ~nsufficient / number of parking spaces-of this preexisting business use. Location of Property: Corner of Main Road and Hobart Avenue, Southold, NY; County 'Ta~ Map Parcel No. 1000~62~3-~. 8:20 p.m. Appl. N~. '3628 - GEORGE AND'JANE KAYTIS. Variances to the Zoning Ordinance, Article IZ~ Section 100-31, Bulk Schedule, for approval of insufficient area of two proposed parcelsN Lot #1 o~-40~000 s~. ft. 'and Lot #2 of 1.443 acres, and .insufficient fro~t~ge of Lot #2 along Robinson Road, Southol~, N¥;~ County Tax Map Parcel No. I000-81-03-15.4 (or 12)~ 8:35 p.m. Appl. No. 3654 ~W~LZAM MOORE~'ESQ. ~nd BENJAMIN HERZWEIG,'~SQ. Variance.to the ~n~ng.Ord-tnance, Article XI, Section 100-119..2 for permission to establish "building envelope" with ~etbacks of not ]ess than 38 feet from nearest wet}ands a]ong 'existlng two-foot contour and not less t~an'30-feet f~om the 'fron~ property line (as approved under Appl. No. '3412, June 30, 198~.-- Location of Property: 675 Meadow Lane, Mattituck, NY; Mattituck Estates Lot No. 42; 10Q0=115~5-7. (Reconvened from 8/20/87). Page 3 - Legal Notice of Hearings Regular Meeting - September 10, 1987 Southold Town Board of Appeals 8:55 p.m. Appl. ~o. 3653 NORTH ROAD ASSOCIATES. (~econvened from August 20, 1987). Variance for approval of access at Orient. The Board of Appeals will hear at said time and place all persons or representatives desiring to be heard ~- each of the above matters. Each hearing will not start before the time allotted. Written comments~may be submitted prior to the conclusion of the subject hearing. For more information, please call 765-1809. Dated: August 20, 1987L BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER~ CHAIRMAN Linda Kowalski~ 3oard Secretary Notice to Newspapers: Piea~ p~biish once, tb'w~tz S6~]-3~ 1987 and forward one af.fida~it._of~publ~cation to: Board of Appeals, Main Road~ Southold, NY 119~1. TOWN OF SOUTItOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTIIOLD, N NOTICE OF DISAPPROVAL .}ri ~: .e4...0-~.. ~ ............ ...g.~~.~:~.. ............... PLEASE TAKE NOTICE that your applicatio.q dated . ..~. ~..('%~.... g ~ ...... 19 ~ 9. for pe~it to construct.. ~..~ ~ ........................................ at ~ou~e No. Street bla~/e~ County Tax Map No. I000 Section . .-..~.~ .... Block .... ~.~ ..... Lot . . .~ ....... Subdivision ................. Filed Map No ................. Lot No .................. ~s returned herewith and disapproved'on the following grounds.~ ~-A~..-'~.....~ ~'~--,~./4~ r ~ .'r~..~....,~.... r.~.,.. ~,. ~,,,,~...~.,~.~.~.. '' ' ~.. .... ~.,~-.,z~. .... x['.,,~. ~..~....x~:.-~.. &...~,.. ~.~...,~......o~..: .............................. Budding tnspt'cmr TOWN OF SOUTHOLD, NE~ YORK DIDDISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. APPEAL NO. DATE .-....~.,.'~..,~..%" i .... THE QUIET MAN INN . MAIN ROAD 1, (We) .......................................... , ....................... or ....... - Name of Appellant Street and Number SOUTHOLD N · Y · ......................................................................................................................... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (X) THE QUIET MAN INN WILLIAM D. MOORE Name of ADDJJcant of SUITE 3 CLAUSE COM[~ONS f/~KTTITUCK°r n.rml, N.Y. Street a.d Number Muhicipality State PERMIT TO USE PERMIT FOR OCCUPANCY PERMIT TO CONSTRUCT 1. LOCATION OF THE PROPERTY MAIN ROAD AND HOBART AVE, SOUTHOLD B 1 " Street /~amlet '/ 0se Dist;i~'~"~"'~;~"~ District 1000 Section 62 Block Olot07 Current MAJAMEG CORP. ..... ' .......................................................................... .. Owner Map No. 'Lot No. Prior Owner LIDDLE, FARREL, ALWAYS 'ANTRIN INC. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article ITI, XI Section 100-31, 100-112 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (×) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 ( ) 4. PREVIOUS APPEAL A previous appeal (has) (IX~Y-fJb~ been made with respect to this decision of the Building Inspector or with respect to this property. Such appea! was ( ) request for a special permit (X) request for a variance INSUFFICIENT FRO~:~' YARD SET BACK .ON HOBART AVl and' was made in Appea.J No ................................. Dated ..12/..4./.H.6...iA~D.~t, iD.c.{.. REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinance ,, (x) A vARIANCE FROM PARKING REQUIREMENTS is requested forthe reasonthat Appellant proposes construction of enclosed porch to preexisting business use. Planning Boa~d requires site plan approval and compliance with present parking requirements. Form ZBI (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OFTHE ORDINANCE would produce practicoldifficultiesorunneces- sary HARDSHiP because APPELLANT IS REQUIRED TO SEEK A VARIANCE FROM THE PARKING REQUIREMENTS. The planning Board has refused to consider this application for site plan approval where the preexisting business cannot comply with current parking re- quirements. The Quiet Man Inn was established in the 1800~s and has continued to be used as a ~local tavern~ Presently~ The Quiet Man Inn has four off-street parking spaces and informa~ permission by local businesses including Thompson~s Emporium and The Way Side Market to use their parking du~ing their non-business hours. However~ the Planning Board insists on five additional off-street spaces despite promises by Appellant that existing seating capacity will not be increased~ (attached as Exhibit A is letter to Planning Board dated May 20~ 1987) 2. The hardship createdis UNIQUE andisnotshared by all propedies alike in the immediate vicinity ofthisproperty and in this use district because The present condition of the tavern is cluttered and is limited in its ability to provide · food as well as beverages. The property is 63.5 feet at its widest point along the Main Road and 25.48 at the rear, with 97,99 feet along the side street, Hobart Ave. The dimensions of the property limit the improvement of this property, and the enclosed porch will not reduce the present parking. In light of the fact that the alterations will not affect the seating capacity,the parking needs of this property will not change. The location of this property is unique in that it is in the heart of Southold Business District which was established in the 1800's and 1900's , This property as well as adjacent properties are unable to meet the present p~rking 3. The Varira%~/J~6~no~erve the spirit ofthe O~inance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because The granting of parking variance would not change the character of the district, on the contrary~ it would preserve existing businesses on the Main Road which can not compete with larger tracts of land along the North Road (Route 48) which can com~ly with existing code requirements. Appellant wishes to maintain this business as it has existed for decades while upgrading the facility to meet with current safety standards as well as market contritions. Public Policy has established a need for food together with alcoholic beverages to discourage drunk driving and liquor~abuse. STATE OF NEW YORK ) ) ss COUNTY OF ) ......... : Signature :T.;......~. .................. Sworn to this ~Y~ day of.....~.~....~...~... ........................... ~9~7 OWNER ~. c ~s. w.~ ~ -e ~,~. i~,. ~ ~,~c. LAND IMP. t TOTAL DATE REMAR[~ ~/~, /~ ' Woodland Swampland Brushlond House Plot ¥illoble Tillable BUILDING CONDITION i BELOW I , Value Per Acre Value Tillable 3 Total BULKHEAD DOCK FRONTAGE ON ROAD ~ ,~_~ ~ /C) (j~7 LOT Est. Mkt. Value AGE NEW NORMAL ABOVE FRONTAGE ON WATER Foundation ~.~ ' Bath ~/.~ . B~sement ~'.¢Z_~. Floors Ext Walls ,~' ~lnterior Finish Porch Roof Type Porch Rooms ]st Flor Breezeway Garage Driveway Rooms 2nd Floor Dormer TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI December 23, 1987 William D. Moore, Esq. Suite 3 Clause Commons Main Road Mattituck, NY 11952 Re: Appl Nos. ~ and~ Quiet Man Inn Dear Bill: Transmitted herewith for your records are copies of the official findings and determination rendered by the Board of Appeals in the above matters. Yours very truly, Linda Kowalski Enclosures Copies of Decisions to: Building Department Planning Board Suffolk County Planning Commission WILLIAM D. MOORE SUITE 3, CLAUSE COMMONS October 5, 1987 Southold Town Zoning Board of Appeals Southold Town Hall Main Road Southold , New York 11971 Attn.: Linda Kowolski Re: Quiet Man Inn Our File # 178-87 Dear Linda : Enclosed Roderick premises. parking. please find a photocopy of a letter received from Van Tuyl with respect to diagonal parking on the Mr. Goehringer had requested a site plan with diagonal In an effort to save certain expense to my client, I asked Mr. Van Tuyl to review and consider diagonal parking before preparing such a site plan. This letter is his response my request ~. If you have any questions, please do not hesitate to contact me. Very truly yours, w ~i~ D. Moore WDM:er encl. DocId 100587.4 RODERICK VAN TUYL (L.S.) COLIN VAN TUYL RODERIOK VAN TUYL, P. O. Lice.sad Land Surveyors FRONT STREET AT MAIN GREENPORT, NEW YORK 11944 (516) 477-0170 OTTO W. VAN TUYL Professional Engineer (Retired) September 25, 1987 William D. Moore, Esq. Suite 3, Clause Commons Main Road Mattituck, NY 11952 Re: Quiet Man Inn ~' Dear Bill: Pursuant to your letter of September 24, we have reviewed the site plan of the Quiet I.lan Inn and its proposed addition, with special attention to off-street parking spaces. We conclude that no more than two vehicles could be accomodated between the easter]_,¥ line of Hobart Avenue and the proposed bui]_din~.~ addition in any arran~ement of diagonal parking, allowint~ the normal 10' x 20' for each space. We shall plau to mark the westerly line oi' the premises in our regular order of business, %uzless other- wise informed. Yours truly, RVT:avk Roderick Van Tuyl Southold Town Board of Appeals MAIN ROAD - -~TATE ROAD 25 SOUTHOLD, l.h, N.Y. llCJ'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS Sept. 10, 1987 GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGOflIS, JR. S · E. Q. R · A. SERGE DOYEN, JR. NEGATIVE ENVIRONMENTAL DECLARATION ROBERT J. DOUGLASS JOSEPHH. SAWICKI Notice of Determination of Non-Significance APPEAL NO.: 3659 PROJECT NAME: QUIET MAN INN This notice is issued pursuant to ~art 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment, for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending ~or the same or similar project. TYPE OF ACTION: [ ] Type II [X] Unlisted [ ] DESCRIPTION OF ACTION: Approval of insufficient number of park- ing spaces of this preexisting business use (with proposed addition and without increase in legal occupancy) ' LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: Corner of Main Road and Hobart Avenue, Southold, NY 1000-62-3-7 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) Information has been submitted by applicant or his agent in- cating that the project will not involve the disturbance of wetlands grasses or areas subject to flooding which may be considered wetlands. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary, Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. (3) The relief requested is not directly related to new con2 struction. mc T LD Southold, N.Y. 11971 (516) 765-1938 M E M O R AN.D U M TO: FROM: RE: DATE: Gerard P. Goehringer, Chairman, Board of Appeals Bennett Orlowski, Jr., Chairman, Planning Board~\~ Quiet Man Inn September 10, 1987 In response to your request, the Planning Board submits the following information in support of its position, which is that the parking requirements should not be waived. The requests before the Zoning Board of Appeals are for a variance to reduce the front yard setback for an addition to an existing building which has a non-conforming setback; and for a varaince to waive the required parking for the site. The current building is an eating and drinking establishment with a fire-rated occupancy capacity of 49 people. The seating capacity is 38 people. There is also an accessory apartment on the second floor. The proposed enlargement of the building will enable the construction of a new kitchen and more interior Seating area for the comfort of the patrons; however, the number of seats will not be increased. And according to the Building Department, the fire capacity of 49 will not be increased either. The current site does not meet its parking needs now. At present, there are 4 or 5 spaces available on site for customer use. A 38 seat establishment requires at least 8 spaces. The accessory apartment requires at least 1 space as well. If the Town were to use the fire code occupancy rate of 49 people, which it does not at this time, 10 parking spaces would be in order. The lot is a non-conforming lot. The B-1 zone in which this property lies requires 30,000 square feet of lot area. Gerard Goehringer Page 2 9/10/87 The subject lot is only 4,008 square feet less than one-sixth the required area. The applicant has enjoyed and can continue to enjoy the current use on an undersized lot with insufficient parking. In so doing, the applicant has relied on the goodwill of two neighboring business owners (Wayside Market and Thompson's Emporium) each of who have indicated a willingness to let clients of the Quiet Man Inn park in their parking lots. The Planning Board is not in favor of encouraging the use of the Wayside Market's parking area because of its location next to the intersection, its poor design and the fact that the intersection is known for thehi~h number of fender~bender type accidents that tend to occur there. The owner of Thompson's Emporium has declined to go so far as to grant a lease to theapplicant for the long term use of this parking lot; which is understandable given his recently approved expansion plans for a new building and parking area. Thus, many clients must park on either Main Street, Boisseau Avenue or Hobart Avenue. This intersection of these three streets is a busy and dangerous one. Expansion of the Quiet Man Inn will eliminate its 4 to 5 parking spaces, thus forcing those cars to be parked on these streets. The addition of these cars to the street parking may increase the already existing traffic congestion at this intersection. Finally and most importantly, the granting of this variance and waiver will set a clear precedent of allowing the expansion of non-conforming sites without provision of adequate parking. Such a precedent would be unfair to those business owners who develop new sites and are required to provide for their parking needs on site. Furthermore, it might encourage the over intensification of business uses on individual non-conforming lots in a manner that has a negative impact on public safety and welfare. , gal Notices NOTICE OF HEARING {OTICE IS HEREBY ~-EN, pursuant to Section 267 ~he Town Law and the Code of ~- Town of Seuthold, the follow- hearings will be held by the DTHOLD TOWN BOARD "APPEALS at a Regular cling ~ the Southold Town H, Main Road, Southold, New ~,., on THURSDAy, OC* i ~ER 8, 1987 at the following /:35 pm. Appl. No. 3651 - :AN KAMEN. (Recessed /:40 p.m AppL No. 3592 - NTE SNELLENBURG, ceased from 8/20/87 L >15 p.m. Appl. No. 3668 - :RARD C. KEEGAN. Vari- e to the Zorling Ordinance, ~.. in the easterly Irontyard .~ at a height of six feet, Loea- ~ of Property: West Side of ~a:t Road, Southold, NY; J-64 4-10; Founders Estates bO pm. Appl. No. 3657- ~:DE FRITZ. Variance to Zoning Ordinance, .Article Section 100 31 for approval ~:lsufficient lot area, width depth of two proposed por- fl'onting along the westerly of Cedar Lane, Southold, , County Tax Map Parcel No. /-78-7-45,1, containing a 55 pm, Appl. No. 3663- ~[O CASTELLI. Variance e Zoning Ordinance, Article :~ection 100-30 for approval !m as exists of excessive size ~is "A-40" Residential and :ultural Zoning District fie advertising "Landscaping & Sprinklers l~lkForever Green," Location of~erty: South Side of North RolllgAR 48), Reconic, NY; County Tax Map Parcel No. 1000-69.4-1.3. 8:10 p.m. Appl. No. 3653 - NORTH ROAD AS- SOCIATES. (Recessed from (NBI8:15 p.m. Appl. No. 3593 and~} o. 3659 - QUIET MAN INN.( oth hearings recessed from'~ 0/87). 8:25 p.m. App]. No. 3664 - ANA G. STILLO. V~risnce to rescind prior decision rendered under Appeal No. 3562 on De- cember 1L 1986 for a condi- tional approval under New York Town Law, Section 280-a, and deleting Condition No. 2 of prior decision rendered under Appeal No. 3619 on April 2, 1987, and as an alternative being subject to New York Town Law, Seac- tion 280-~ over the existing right-of-way approximately 100 ft. to the east of the suhjeact right-of-way tapproved or to be approved and accepted by thc Planning Board for this set-off division of land), located along the north side uf Main Road, Orient. NY; County Tax Map District 1000, Section 14, Bb)ck 2, Lot 26 and Lot 12,2. 8:35 p.m. Apph No. 3670 - ROBERT H. FREY. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permis- sion to locate open deck con- strurtion with an insufficient setback from existing bulkhead at Harbor Lights Estates, Sec- tion If Lot 10, Southold, NY; County Tax Map Parcel No. 8:45 pm. Appl. No. 3669 - MICHAEL AND ELIZABETH/c~ LADEMANN. Variances to the Zoning Ordinance, Articlb Ill, Section 100-31 and Article XI, Section 100-119.2 for permission to locate new dwelling with in- sufficient setbacks from the northerly front property line along a private a right-o~fl~i0y y and from the nearest w~ grasses, premises known an~lq:e- ferred to as Lot No 1, Map of Blum and Littell, located along the East Side of Stiiiwater Av- enue, Cutchogue, NY; County Tax Map Parcel No. 1000-103-1- The Board of Appeals will hear at said time and place all persons or representatives desir- ing to be heard in each of the above matters. Each hearing will not start before the time al- lotted. Written comments may be submitted riot to the conclu- sion of the subject hearing. For more information, please call 765-1809. Dated: September 28, 1987. BY ORDER OF THE SOUTHOLI) TOWN I{OARI) OF Al)PEALS GERABD P. GOEDRINGER, CIIAIRMAN Lmda Kowa]ski, ITel 572(; /~. STATE OF NEW YORK ) ) SS: COUNTY OF SUFFOLK ) _Ck~r is~tin~ Contemto of said County, being duly sworn, says Principal Clerk of THE SUFFOLK TII~ Newspaper, published at Greenpor' of Southold, County of Suffolk and York, end that the Notice of which a printed copy, has been regularl, said Newspaper once each weal weeks successively commencingc dayof .October 198 (,._/llt/, 6' Sworn to before me this Principal a NOTICE OF HEARINGS NOTICE IS HEREBY GIV- EN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting at the Southold Town Hall, Main Road, Southold, NY on THURSDAY. OCTOBER 8. 1987 at the following times: 7:35 p.m. Appl. No. 3651- DEAN KAMEN. (Recessed from 9/10/87). 7:40 p.m. Appl. No. 3592- BENTE SNELLENBURG. (Recessed from 8/20/87). 7:45 p.m. Appl. No. 3668- GERARD C. KEEGAN. Variance to the Zoning Or- dinance. Article XI, Section 100-ll9~(C) for approval of con- struction of fence in the easter- ly frontyard area at a height of six feet. Location of Property: West Side of Founders Path and East Side of Hobart Road; Southold, NY; County Tax Map Parcel No. 1000-64-4-10; Founders Estates Lot 39. 7:50 p.m. Appl. No. 36~57.~ CLYDE FRITZ. Variance.to:ih,- Zoning Ordinance, Article 111, Section 100-31 for approval of insufficient lot area, width, and depth of two proposed parce s fronting along the westerly side of Cedar Lane, Southold, N~, - County Tax Map Parcel No. 1000-78-7-45.1, containing a total area of .694 of an acre. 7:55 p.m. Appl. No. 3663- MARLO CASTELLI. Variance ' to the Zoning Ordinance, Arti- cle 111, Section 100.30 for ap- proval of sign as exists of ex- cessive size in this "A-40"' Residential and Agricultural Zoning District and advertisingt' "t.andscapip$ & Sprinklers by Forever Green:' Location of Property: South Side of North Road (C.R. 48}, Peconic, NY; County Tax Map Parcel No. 1000-69-4-1.3 8:10 p.m. Appl No. 3653- NORTH ROAD ASSOCIATES. (Recessed from 9/10/87). (B8:15 p.m. AppL No. 3593 and~ o. 3659- QUIET MAN INN. ~ oth hearings recessed from/ /10/87). 8:25 p.m. Appl. No..3664- ANA G. STILLO. Variance to rescind prior decision rendered under Appeal No. 3562 on December 11, 198_6 for a conditional ap- ~ proval undeFNew York Town . Law, Section 280-a, and deleting l Condition No. 2 of prior deci- sion rendered under Appeal No. 3619 on April 2, 1987, and as an i alternative being subject m New.' York Town Law, Section 250-a over the existing right-of-way approxi,nately I00 ft. to the east of the subject right-of-way (ap- proved or to be approved and accepted by the Planning I~ard for this set-off division of land), located along the north side of Main Road, Orient, NY; Coun- ty Tax Map District 1000, Sec- tion 14, Block 2, Lot 26and Lot 12.2. COUNTY OF SUFFOLK ss: STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk Coumty; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for .................... f~ ..... weeks successively, commencing on tile ...................... d of . ........ . . ' Sworn to before me this ..................... da,~ ol ...... .......... ? 8:35 p.m. Appl. No. 3670- ROBERT H. FREY. Variance to the Zoning Ordinance, Article Xl, Section 100-119.2 for per- mission to locate open deck con. struction with an insufficient setback from existin~ bulkhead at Harbor Lights Estates, Sec: tion l, LOt 10, Southold, NY; County Tax Map Parcel No. 1000-79-04-08. 8:45 p.m. Appl. No. 3669- MICHAEL AND ELIZABETH LADEMANN.r;t~ Variances to the Zoning Or- dinance, Article 111, Section 100-31 and Article Xl, Section 100-119.2 for permission to locate new dwelling with insuf- ficient setbacks from the nor- therly front property line along a private right-of-way and from the nearest wetland grasses, ' premises known and referred to as Lot No. I, Map of Blum and Littell, located along the East Side of Stillwater Avenue, Cut- .chogue, NY; County Tax Map Parcel No. 1000-103-I-19.6. ' The Board of Appeals will hear at said time and place all · persons or representatives de~ir- in~ to be heard in each of the abo~ matters. Each hearing will not start before the time allot- ted. Written comments may be submitted prior to the eonelu-' sion of the subject hearing. For more information, please call' 765-1809. Dated: September 28, 1987 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary IT-10/1/87(65f3 f~ Notary Public 13A R!L*, R A FO p i,~LS APPEALS BOARD MEMBERS GERARD P. GOEHRtNGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWIC½1 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. llg?l TELEPHONE (516) 765-1809 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 Dr 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 fre'e to call our office, 765-1809. Yours very tc~l~.~,., ~ GERARD P. GOEHR~NGER ~/ CHAIRMAN Enclosure Linda Kowalski Secretary and Board Clerk COUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING LEE E~. KOPF~ELMAN DIRECTOR OF P[.ANNING Mr. Gerard Goehringer, Chairman Town of Southold Zoning Board of Appeals Southold Town Hall - Main Road Southold, New York 11971 January 14, 1988 Re: Applications of "The Quiet Man Inn" (#'s 3593 & 3659) Town of Southold (SD-87-35). Dear Mr. Goehringer: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the Suffolk County Planning Commission on January 13, 1988, reviewed the above captioned applications and after due study and deliberation Resolved to disapprove them because of the following reasons: It constitutes the unwarranted overintensification of use/development of premises; It would tend to necessitate use of the adjoining roadways for parking purposes adversely affecting the safety and traffic carrying capacity of said roadways; and, It would tend to establish a precedent for similar land development patterns in the locale along N.Y.S. Rte. 25. GGN:mb Very truly yours, Lee E. Koppelman Director of Planning G~. Newman Chief Planner So th Id To B d lApp Is n o wn oar o ea MAIN ROAD- STATE ROAD 25 SOUTHOLD. L.I.. N.Y. ]]gT} TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI to Article XIII of the Suffolk County XX Pursuant Board of Appeals of the following Variance Variance Special Charter, the the Town of Southold, New York, hereby refers to the Suffolk County Planning Commission: from the Zoning Code, Article ×I, Section 100-112 Article III, Section 100-31 from Determination of Southold Town Building Inspector Exception, Article , Section Special Permit Appeal No.: 3659 Applicant: Quiet Man Inn Location of Affected Land: Main Road and Hobart Ave., County Tax Map Item No.: 1000- 62-3-7 Within 500 feet of: Town or Village Boundary Line Southold, NY XX Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Lan Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area Existing or Proposed Right-of Way of Any Stream Owned by the County or for Which The County Has or Drainage Established Lines, or Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. approval of COMMENTS: of Applicant is requesting ~x~ ~ insufficient parking spaces of this preexistinq business use. Channel Channel number Copies of Town file and related documents enclosed for your review. Dated: Deeeraber 24, 1987 following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting at the Southold Town Hall, Main Road, Southold, NY on THURSDAY, SEPTEMBER l0T 1987 at the following times: ". 7:35 p.m. Appl. No. 3651- ~. Variances to the Zoning Ordinance, Articles: (a) Ill, Section 100-32 as toex- ce~sive height,(b) XI, Section 100-119.2 a~ to insufficient set- beck from ordinary highwate~/ mark of Long Island Sound, of · propo~d .~dnd-turbine- g~nerating tower to be con- structed landward or near ex. isling granite monolithic struc- NOTICE OF HEARINGS'/7 I 7:tm. AppL No. 3665- : ;(; ! LEHILI~K BUILDING CORPt,~ NOTICE IS HEREBY G/i/V: / Variance to the Zoning Or.r)' EN, pursuant to Section 2~7 of I ' dinance, Article 'II1, Section fOLK the Town Law and the Code of 100-31, Bulk Schedule, for ~) R K the Town of Southold, the: approval of construction of ; open deck with an insufficient rearyard setback-at 360 Sebas- tian's Cove Road, Sebastion Cove Lot No. 5, Mattituck, NY, County Tax Map Parcel No. 1000-100-03-1 LB. 8:05 P.m. Appl. No. 3593- QUIET MAN INN (Reconven. ed from May 21, 1987). Variance to the Zoning Ordinance, Arti- cle VII, SectiOn 100-71, Bulk Schedule, for permission to con- ..-struct addition in this "B-I" ,.~;eneral 'Business Zon ng :District with an insufficient frontyard setback from the0- westerly property line along!- '' Hobart Avenue. Location o~ Property: Corner of Main Road and Hobart A('enue, Southold, Locatiod of Property: NY; County Tax Map Parcel No. North Dumpling sand, NY; 1000-62-3-7. County Tax Map Parcel No. ~'~8:10 p.m~ Appl. No. 3659- 1000-130-01-004. /r QUIET MAN INN. Variance to 7.40 m the Zon ng Ordnance, Artmle · p.. Appl. No. 3662- ~ the · THOMAS AND FRANCES ~,, XI, Section 100-112 (and Avti- ~MIl-I~. Variances to the Zon- )cie Ill, Section 100-31) for ap-~ lng Ordinance, Articles: (a) Ill ',~' pro.v~l ofinsdfficient number Section 100-31, Bulk Schedule, ,.~pa. rk~ng sp.aces of th,s p.r,,~e~ a. to an i.suffic en, Sid rd se. ca,,on hack of garage, when attacta~d' ['3;, of [ p y: ~..orner or Main Io principal dwelling structure ] ~:~oad and Hobart Avenue, ~i[h raised open-deck construe- [ ~;Omhold, NY; County Tax Map lion, (b) XI, Section 100-119.2 ~ ,. Parcel No. 1000-62-3-7. for an insufficient setback from/~'.~ 8:20 p.m. Appl. No. 3628- existing seawall landward of wetland area for proposed deck addition, (c) Ill, Section 100-32, for approval of garage as an ac- cessory structure in the sideyard area as an ahemative to at-' taching same to dwelling struc- ture. Location of Property: 200 Haywaters Drive, Cutchogue, NY; County Tax Map Parcel No. 1000-104-05-19. 7:45 p.m. Appl. No. 3622- CHRISTIAN B. SALMINEN.: '~ariance to the Zoning Or- dinance, Article XI, 'Section 100-lt9.2 for permission to con- struct deck addition to dwelling and accessory stairs, both with an insufficient setback from edge of Marion Lake, or land;/ ward edge of freshwater *~etland, whichever is closer. Location of Property: 240 Lakeview Terrace, East Marion, NY; County Tax Map Parcel No. 1000-31-9-15. 7:50 p.m. Appl. No. 3658- PAUL AND CORRINE AYTIS. Variances to the ;'.on-/ lng Ordinance, Article I11, Sec- tion 100-31, Bulk Schedule, for approval of insufficient area of two proposed parcels, Lot No. I of 40,000 sq. ft. and lot No. 2 of 1.443 acres, and insufficient frontage of ~.ot No. 2 along Robinson Road, Southold, NY; County Tax Map Parcel No. 1000-81~03-15.4 (or 12). 8:35 p.m. Appl. No. 3654- WILLIAM MOORE ESQ. AND BENJA~ .W._EIG, ESO. Variance to the Zoning Ordinance,Article XI, Section 100-119.2 for permission to establish "buiMing envelope" with setbacks 'of not less than 38 feet from nearest wetlands along existing two-foot contour · and not less than 30 feet from the front property line (as ap- proved under Appl. No. 3412, · June 30, 1987). Location of Property: 675 Meadow Lane, Mattituck, NY; Mattituck Es- tates Lot NO. 42; 100~.115-5-7. (Reconvened from 8/20/87). 8:55 p.m. AppL No. 3653-i/ NORTH ROAD ASSOCIATES./' (Reconvened from August 20, 1987). Variance for approval of access at Orient. .FERDENZI. Variance to the Zoning Or- dinance, Article Ill, Section 100-32 for permission to locate accessory building in frontyard area. Location of Property: 470 Haywaters Drive, Cutchogue, ~?~qo.u,n!y.~-ax Map Parcel NO. SS: ~e this ..................... day of Notary Public BARBARA F©RBES Notary Public, State of New York No. 4806846 Qualified in Suffolk County Commission Expirea d2~'7 ~/ 19 cP'o° The Board of Appeals will hear at said time and place all persons or representatives desir- ing to be heard in each of the above matters. Each hearin~ 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: August 20, 1987 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowaiski Board Secretary ~ 1T-9/3/87(31)~ ieing duly sworn, says that she is the NG ISLAND TRAVELER-WATCHMAN, ~rinted at Southold, in Suffolk County; of which the annexed is a printed copy, in said Long Island Traveler-Watchman ..................... (. .... weeks ncing on the ...................... Legals NOTICE OF HEARINGS NOTICE IS HEREBY lIVEN, pursuant to Section 267 ,f the Town Law and the Cede of he Town of Southold, the follow- Aearings will be held by the THOLD TOWN BOARD PPEALS at a Regular ~{eeting at the Southold Town fall, Main Road, Southold, New fork, on THURSDAY, SEP- I~EMBER 10, 1987 at the rot- owing times: 7:35 p.m. Appl. No. 3651 - DEAN KAMEN. Variances to he Zoning Ordinance, Articles: a) III, Section 100-32 as to ex- cessive height, lb) XI, Section 00-119.2 as to insufficient set- ~ack from ordinary highwator aark of Long Island Sound, of a ~roposed wind-turbin~generat- ng tower to he constructed land- yard or near existing granite ogue, N Y; County Tax Map Far- col No. 1000-104-05-19. 7:45 p.m. Appl. No. 3622 - CHRISTIAN B. SALMINEN. Variance to the Zoning Ordi- nance, Article X[, Section 100` 119.2/'or permission to construct deck addition to dwelling and ac- cessory stairs, both with an sufficient setback from edge of Marion Lake, or landward edge of freshwater wet]and, whichever is closer. Location o£ Piopert~ 240 Lakeview Terrace, East Marion, NY; County Tax Map Parcel No. 1000-31-9-15. 7:50 p.m. Appl. No. 3658 - PAUL AND CORRINE FER- DENZI. Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate accessory bu!lding in frontya~,d area. Location of Property: 470 Haywaters Drive, Cutchogue, NY; County Tax Map Parcel No. I000-104-5-21. 7:55 p.m. AppL No 3665 - LEHESK BUILDING CORP. Variance to the Zoning Ordi- ~'QUIET MAN INN. Variance the Zoning Ordinance, Article XI, Section I00-112 (and Article 1[[, Section 100-3D for approval of insufficient number of park-] lng spaces of this preexisting business use. Location of erty: Corner of Main Road and~ Hobart Avenue, Seuthold, NY; County Tax Map Parcel No. 8:20 p.m. Appl. No. 3628 - GEORGE AND JANE KAYTIS. Variances to the Zon- ing Ordinance, Article I11, Sec- ~- tion 100`31, Bulk Schedule, approval o£ insufficient area of two proposed parcels, Lot #1 of 40,000 sq. ft. and LOt//2 of 1.443 acres, and insufficient frontage of Lot //2 along Robinson Road, Southold, NY; County Tax Map Parcel No. 1000-81-03-15.4 (or 8:35 p.m. Appl. No. 3654 ~ WILLIAM MOORE, ESQ. and BENJAMIN HERZWEIG, ESQ. Variance to the Zoning Ordinance, Article Xl, Section nonolithic structure. Location of nance, Article III, Section 100- 100-119.2 for pormmslon to es-/ · -, ~ ~ n_~_u.__ ~_ 31 Hulk Schedule for approva ~ tablish "building envelope" with and, NY; County Tax Map Par, ofconstructmn ofol?, r~deck wtl~ ~ ~. setbacks of not less than 38 feet ~o. 1000-130-01-004. · ' ~ an insufficient ~ setback ~ from nearest wetlands along ~0 p m Apnl NO 3662 - at 360 Sebastian s Cove Road, ~ existing two-foot contour and ~)MA~ ' AI~/b~ F~CE~ ~ Sebastian Co~e Lot No. 5, Mat- not less than 30 feet from the ;MITH. Variances to the Zon- '- tituck;' NY; County Tax Mal~~ front property line (as approved ng Ordinance, Articles: (al III, Parcel No. I000-100`03-11.3. under Appl. No. 3412, June 30, ;ection 100-31, Bulk Schedule, s to an insufficient sideyard etback of garage, when at- ached to; principal dwelling teucture with raised open-deck or/struction, thl XI, Section 100` 19.2 for an insufficient setback rom existing seawall landward ,f wetland area for proposed lock addition, Icl III, Section 00-32, for approval of garage as m accessory structure in the ddeyard area as an alternative o attaching same to dwelling *tructure. Location of Property: !00 Haywaters Drive, Cutch- 8:05 p.m. Appl. No. 3593 - QUIET MAN INN (Reconvened from May 21, 1987L Variance to the Zoning Ordinance, Article VII, Section 100-7L Bulk Schedule, for permission to con- struct addition in this "B-1' General Business Zoning Dis- trict with an insuff~cient fron- tyard setback from the westerly property line along Hobart Ay- enue. Location of Property: Corner of Main Read and Hobart Avenue, Soutbeld, NY; County ~' Tax Map Parcel No. 1000-62-3-7.~ C8:10 p.m. Appl. NO. 3659~ 1987l. Location of Property: 675 Meadow Lane, Mattituck, NY; Mattituck Estates LOt No. 42; 1000`115-5-7. {Reconvened from 8/20/87L. 8:55 p.m. Appl. NO. 3653 - NORTH ROAD AS- SOCI~ATES. IReconvened from August 20, 1987L Variance for approval of access at Orient. The Board of Appeals will hear at said time and place all persons or representatives desir- ing to be heard in each of the above matters. Each hearing~ will not start before the time al- lotted. Written comments may be submitted prior to the conclu- sion of the subject hearing. For more information, please call 765-1809. Dated: August 20, 1987. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHR[NGER, CHAIRMAN Linda Kowalski, Board Secretary 1TS3-5700 ;, STATE OF NEW YORK ) ) SS: COUNTY OF SUFFOLK ) Cr~ -rnl Ann ~ ~' 1 _~ 'I-,-~ of Greenport, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, e Weekly Newspaper, published at Greenport, in the Town of Southold, County of Suffolk end State of New York, and that the Notice of which the annexed is e printed copy, has been regularly published in said Newspaper once each week for ~ weeks successively, commencing on the dayof SePtember Sworn to bef~Zeme this '~ ~ ----7? da of 1~}~__ MARY K. DEGNAN Y(~ -'- ~./.--~' NOTARY PUBLIC, State of New York ' /f/')//^. // / k .... Suf101kCountyN0,4849860_~ '- 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 2[5 SOUTHOLD, L.I., N.Y. 11~'71 TELEPHONE (516) 765-1809 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, our office, 765-1809. please feel fr~e to call Yours Ver'y tr~ul~.~ .~ .~ G'ERARD P. GOEHRINGER ~ CHAIRMAN Enclosure Linda Kowalski Secretary and Board Clerk WILLIAM D. MOORE SUITE 3, CLAUSE COMMONS (516) 298-5674 August 4, 1987 Southold Town Board of Appeals Main Road Southold, New York 11971 Att: Linda Kowalski Re: Quiet Man Inn Dear Linda: Enclosed please find with respect to an application by the Quiet Man for a variance for the parking requirements the following: 1. Application in triplicate 2. Notice to adjoining property owners with post marked certified receipts 3. Short environmental assessment form 4. ZBA questionnaire 5. Copy of letter from Southold Town Planning Board dated April 15, 1987 Any additional information should be available from the file in appeal # 3593, the variance from the front yard setback. If you have any questions, please do not hesitate to contact me. I hope we can be scheduled for the next available meeting. Very truly yours, ~ill±am D. ~oore WDM:er enclosures cc: Mr. & Mrs. Charles Gilbert DocId 080487.5 D T LD S ~ Southold, N.Y. 11971 (516) 765-1938 April 15, 1987 Mr. Charles Gilbert P.O. Box 1541 Southold, NY 11971 Re: The Quiet Man Inn Site Plan Dear Mr. Gilbert: Please let this confirm the following action taken by the Southold Town Planning Board, Monday, April 13, 1987. RESOLVED that the Southold Town Planning Board give the following input to the Board of Appeals with regard to the parking for the site plan proposal of The Quiet Man Inn located at South~ld; The Board has noted that there is insufficient parking for the existing use and they cannot waive the parking requirements. As per your request, I will forward a copy of the minutes from the meeting as soon as they have been transcribed. If you have any questions, please don't hesitate to contact our office. cc: Board of Appeals Regi Weile, architect Very truly yours, BENNETT ORLOWSKI, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary WILLIAM D. MOORE SUITE 3. CLAUSE COMMON5 MAIN ROAD MATTITUCK. NEW YORK 11952 (516! 298-5674 May 20, 1987 Southold Town Planning Board Southold Town Hall Main Road Southold, NY 11971 Re: The Quiet Man Inn site plan Dear Mr. Orlowski and Members of the Board: A site plan has been presented by the owners of the Quiet Man Inn to permit the alteration of the existing building to enlarge the seating and kitchen area. The Board has advised the applicants that they must comply with the off-street parking requirements of the Town Code and provide five (5) spaces in addition to the four existing off-street spaces because the proposed addition requires site plan approval. The proposed addition will not expand the seating capacity of this preexisting use. The applicants are prepared to execute a covenant agreeing to limit the seating to the existing 38 seats. The Board has the authority to determine reasonable and appropriate off-street parking regulations. In light of the applicant's willingness to limit seating to its present capacity, the Board should accept the existing parking and seating and approve the proposed addition. Moreover, the applicants have made a diligent effort to obtain the additional off-street parking. The owners of the Wayside Market granted permission to use their parking facilities as did the owner of Thompson's Emporium. The spaces at Wayside were not deemed acceptable to the Board because parking at that location is not delineated clearly. The owner of Thompson's Emporium has agreed to allow the use of his parking area for patrons of the Quiet Man. In fact, he advised the owners of the Quiet Man that they could put a sign on their property advising patrons of the additional parking at Thompson's Emporium. He does not, however, wish to enter into a formal written agreement with respect to the parking. Section 100-112(G) of the Town Code permits the Planning Board to combine space requirements for two or more uses. The Board can reduce the total parking spaces required for a particular use when it can be conclusively demonstrated that the use will be generating a demand for parking spaces primarily during periods William D. Moore May 20, 1987 Re: The Quiet Man Inn when the other use is not in operation. Thompson's Emporium closes for the day by 6:30 p.m. The Quiet Man operates primarily at the end of the business day when the Emporium is closed. Therefore, the Planning Board may, in its discretion, reduce the parking requirements of the Quiet Man in light of the agreement by the owner of the Emporium to permit parking for the Quiet Man's patrons. The parking facilities at the Emporium together with the applicant's willingness to covenant that the existing seating capacity will not be expanded should be sufficient to satisfy the parking demands of this preexisting business use and enable the Board to approve the proposed site plan. If I may be of any assistance, please do not hesitate to contact me. Very truly yours, cc: Mr. & Mrs. Charles Gilbert Board of Zoning Appeals Building Department DocId 052087.1 BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of The Quiet Man Inn to the Board of Ant~eals of the Town of Southold TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to reqUeSt a (Vm~iaace) (~X~9~,e~e~) (Other) [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed ~ follows: 1000-62-03-07 Main 3. That the property which is the subject of such Petition is located in the following zoning district: R-1 4. That by such Petition, the undersigned will request the following relief: Variance from Parkinq R~ql]ir~rn~n~ 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare Arf. i¢le III, X! Section 100-31~ 100-11~ [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road. Southold, New York and you may then and there examine the same during regular office hours. (516) ?~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. · · ' ' Esq. Petitioner William D. Moore Owners ' Names: Post Office Address Suite 3~ Clause Commons Mattituck, N.Y. 11952 NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Lorraine Hoey Conklin Road, Greenport 11944 Mr and Mrs Daniel Tuthill 100 Cottage Place, Southold N.Y. 11971 RECEIPT EOR CERTIFIED MA/[ P 263 059 548 ~-'-/__ ,~/y/ve~'--)'~(7,~$ , residing at ~ I,/l&L~;e'- ~//Tf/'-/77TL/¢/~ ~ /~'~ /I ~sr~_._ , being duly sworn, deposes and says that on the ~'¢~-. day of :~:7~FxJ~- ,19 ~q~7 , 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- ficeat /~//~/'71~d(IC ; that said Notices were mailed to each of said persons by (certified) (rq~a~=ed) mail. Sworn to before me' this ~7//~ day of ..~e/-.~'- . , ////////Y )- Notary Public (This side does not have to be completed on form transmitted to adjoining property owners.) plORT ........... ~-T----- (a) In order to answer tho quo~t, ton:~ in thlu :mort g~l.' Is Is ~:mm,~d thoc tho roparer will us~ currently available infOnn~tlon c~co%'nJng tho proJnc~ and tho ~aly ~pact~ el tho action, I: to not uxpected that uddltlo,,.l ~udloe~ rocearch ~r other ~nvo~tigation~ w~l bo ~dortalion. (b) If any question hao bean anowor(~d Ye~ tim pro~ec~ ray Lo :~lan~flconc and a cc~plo:od Envlro~ental As~oosmont Foz~ la necc~narT. not ~lgnlflcanc, (fl) .~qviron~entnl 1, W~I project ro~ In a lar'go phyulcal c{~mgo to the pro~ect ~tto er physically alter more than 10 acre~ of land? . , , , . . . 2, Will thoro bo ~ m~or chan[o to ~nW ,niquo unuuuul land fo~ found on tho ~ltu? , ~-- 'f.r~~ Ilo ~. W~I ~ro~ect alter,or have a lar{lu uffact an oxtu:ln& body of water? · . · ~.W~I pro,oct have a potentially largo lmpacb gro~awa:er quality? . . , . ...... ~.W~i pro,cc: sl~iflcantly, of~,~ct drainage fl~,~ on ~, Will pro~ect affoe~ any tlwoa~un.,~ or -plant or anL~l ~pccie~? . . , ..... 7. Will pro~o~ re~l~t in u ~ra~l' ~dvnr'..~ i~Fl'cct air qualil~? ' ' ~ ' ..... ___. 8, W~i pr~ecc hav~'a ~,mJo~ effect ca viuual knmm to bo L~portan~ ~o tho co{~munity'f · 9. Will project advaruoly lnpac~ un7 sit. gl, ufo of hi~ortc~ pro.-htsgorlc, or {{aluontologlcal onvlronmun~l uroa by n local aFu~cy? · * , _. Yo:~ 10. Will pro3oct haw a m3or offoct on .xlu:~ future Will proJoct.rouult' in [~,J~r traffic problcm:~ 12. Will ~ro~oct regularly cau:;o ob.iectionahle ador~:, nol~e, glaru~ vibration, or electrical dl:~turL.. anco au a rosalt of the pl'o~ct'u (;puration? . 13. Will proJoct have any impact on public hculth or 9al'uty? . , , , .... ---- 1L. Will project ~,ffoct tho uXiuCliH: co,,rr, mt:7 b7 ~_ESTIONNAIRE TO BE COMPLETED AND SUBMITTED NITH YOUR APPLICATION FORMS TO THE BOARD OF APPEALS Please complete, sign and return to the Office of the Board of Appeals with your completed application forms. If "Yes" is answered to any questions below, please be sure to depict these areas on your survey (or certified sketch), to scale, and submit other supporting documenta- tion. 2.a) *b) 3. 4. 5. Are there any prop~sal~ to change or alter land contours? Are there any areas which contain wetland grasses? (Attached is a list of the wetland grasses defined by ~n Code, Ch. 97 for your reference.) there any areas open to a waterway without bulkhead? Are there existing structures at or below ground level, such as patios, foundations, etc? Are the~e any existing or proposed fences, concrete barriers, decks, etc? If project is proposed for an accessory building or structure, is total height at more than 18 feet above average ground level? State total: ft. If project is proposed for principal building or structure, is total height at more than 35 feet above average ground 1--T~-~-~l? State total: ft. Are there other premises under your ownership abutting this parcel? If.yes, please submit copy of-deed. Are there any building permits pending on this parcel {or abutting land under your ownership,-if any)? State Permit # and Nature: Yes ~ Yes ~ Yes ~ Yes ~ Yes ~ Yes~ Yes~ Ye s~h 9. Do state whether or not applications are pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): Planning~Board Town Board Yes Town Trustees Yes County Health Department Yes Village' Of Greenport N.Y.S.D.E.C. Yes Other Yes 10. Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale.(from contract). Yes~ ll. Is new construction proposed in the area of contours ~ at 5 feet or less as exists? ~ Yes(~ 12~ If new construction is proposed in an area within 75 feet of wetland grasses, or land area at a~ eleva- tion of five feet or less above mean sea level, have you made application to the Town Trustees for an inspection for possible waiver or permit under Yes the requirements of Ch. 97 of the Town Code? 13. Please list present use or operations conducted u~n subject propert.~at this~time and proposed ~ ~~z~_.2~_ ~~ . . *Please submit photo~l~a~hs ~or the record. I certify that the above statements are true and are being submitted reliance 17y~he~-B~kard ~f Appeals in c~nside~ng my appli~cation. ~gnacur~- (P~s, O;¥:;=r) I(Auth~/i~ed Agent) ' § 97-13 WETLANDS § 97-13 TOWN -- The Town of Southold. TRUSTEES -- The Board of Trustees of tho Town of Southold. [Added 6-5-84 by L.L. No. 6-1984] WETLANDS ,Amended 8-26-76 by L.L. No. 2-1976; 3-20- 85 by L,L. No. 6-1985]: A. TIDAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with, or which border on, tidal waters, or-lands lying beneath tidal waters, which at mcan Iow tide are covered by tidal water:; to a maximum depth of five (5) feet, including but not limited to banks, bogs, salt marsh, swamps, meadows, flats or other 'low lying lands subject to tidal action; (2) All banks, bogs. meadows, flats ami ti,lal marsh subject to such tides and upon which grows or may grow some or any of the following: salt hay. black grass, sol,worts, sca lavender, t:fll cordgrass, high hush. cattails, groundscl, marshmallow and Iow march cordgrass; and/or (3) All land immediately adjacent to a th!al ~vetl:md as defined in Subsection A(2) and lying within seven- ,y-five (75) feet landward of the m~,:,t landward edge of such a tidal wetlaml. FRESIIWATER WETLANDS: (I) "Freshwater wetlands" as defined ia Article 2.1. Ti- tle 1, § 24-0107. Subdivisions l(a) to l(d) inclusive. of the EnvironmenUfl Conservation Law of the State of New York: and (2) All ]and bnmediatcly adjacent to o"freshwater wet- land," as defined in Subsection B(1) ami lying with- in seventy-five (75) feet landward of the most land- ward edge of a "freshwater wetland." 9705