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Southolcl Town Board of Appeals MAIN ROAD- STATE ROAD "~5 SrlUTHOLD, L,I,, N.Y. 119'71 TELEPHONE [516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3472 Application Dated February TO: Rudolph H. Bruer, Esq. for MICHAEL HERBERT Main Road Southold, NY 11971 20, 1986 (Public He~ring 4'/3/86) [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on May 28, 1986, 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 IX] Request for Variance to the Zoning Ordinance Article III, Section ]00-30 [ ] Request for Application of MICHAEL HERBERT for a Variance to the Zonin9 Ordinance, Article III, Section lO0-30(A) for permission to estab- lish "Bed and Breakfast" type use, or "an owner-occupied building, other than a hotel, where lodging and breakfast is provided for not more than nine persons." Location of Property: 795 Pike Street, Mattituck, NY; County Tax Map Parcel No. 1000-140-2-23. Zoning District: A Residential and Agricultural. WHEREAS, a public hearing was held and concluded on April 1986 in the Matter of the Application under Appeal No. 3472, of MICHAEL HERBERT; and WHEREAS,-~the board members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding area; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony ?ecorded and transcribed; and WHEREAS, the board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the board made the following findings of fact: 1. The premises in question is located along the north side of Pike Street in.the Hamlet of Mattituck and is identified on the Suffolk County Tax Maps as District 1000, Section 140, Block 2, Lot 23. 2. The subject premises consists of a total area of approxi- mately one-half acre with 85±' frontage along Pike Street and · average lot depth.of 238± feet, and is imProved with the followip§ structures: (a) two-story, single-family dwelling shown on survey dated October 9, 1985, having a setback of 39± feet from its front property line and sideyards of 26' and 34', and (b) accessory ''(CONTINUED ON PAGE TWO DATED: May 29, 1986. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWI~ ZONING BOARD OF APPEALS Page 2 - Appeal No. 3472 Decision Rendered May 28, Matter of MICHAEL HERBERT 1 986 garage located in the rearyard area with an insufficient setback of one foot, more or less. 2, T~ subject premises is located in the "A"~Residential and Agricultural Zoning District; the adjacent parcels to the west and east are also zoned "A" Residential and Agricultural; other parcels, alo.ng ~he South side of Pike Street are in .the "B-I" General Business Zoning District. Abutting the premises to the north is the Long Island Railroad; north of the Railroad are premises in the "C-Light-Industrial~' Zoning District. 4. For the record,~i~t i~ noted that the applicant purchased the premises on October 29, 1985 (Liber 9907 cp 338) for the price of $105,000. Certificate of Occupancy of Nonconforming Premises #Z13944 was issued October 18, 1985 for a single-family dwelling~ 5. Appellant proposes to use the dwblling fo~ a "bed and breakfast-type" uses with owner-occupancy, other than a hotel, for rental of a five to nine bedrooms (lodging) and where contin- ental breakfast (consisting of beverage and pastry will be provided. 6. Similar uses, such as boarding and tourist houses, for five or more persons are permitted uses in the "M-Light" Multiple Residence~ "M-l" Multiple-Residence, "B-Light" Business, ~B-I" General Business, Zoning Districts~ 7~ It is the position of this board that the record is not sufficient in showing by dollars and cents proof: (a) that the land in question cannot yield a reasonable return if used only for a purpose allowed in this zone district, (b) that the plight of the owner is due to unique circumstances which may reflect the unreasonableness of the zoning ordinance itself, (c) that the use requested will not alter the essential character of the neighborhood° 8° It is also the position of the board that although a letter has been submitted from a local real estate broker indicating that the property, as one-family dwelling use, has a current market value of $125,000 and has a limited interest to home buyers, that without underlying concrete facts and unnecessary hardship~ the variance is not warranted. In considering this appeal, the board finds and determines that although the appellant's circumstances are unique, that the relief requested must be denied for the reasons stated above. Accordingly~ on motion by Mr. Sawicki, seconded by Mr. Grigonis, i~ was RESOLVED~ that the relief requested under Appeal No. 3472 in the Matter of the Application of MICHAEL HERBERT, BE AND HEREBY IS DENIED WITHOUT PREJUDICE. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was duly adopted. lk %EC$i rCD. ._ ND FILED. B GERARD P. GOEHRINGER, C IRMAN ~$ ~OUT~iOLD TOWI~ C~ I May 29, 1986 To'~vn Clerk, Tovm of NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, ~ursuant to Sectio, n 267 of the Town Law and the Code of the Town of Southold, the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, Main Road, Southold, NY at a Regular Meeting commencing at 7:30 p.m. on THURSDAY, APRIL 3, 1986, and as follows: 7:3§ p.m. Appeal No. 3396 GARY DOROSKI for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2(B) for permission to locate proposed pool with decks and fence enclo- sure within 75 feet of wetlands and highwater mark, at 425 Monsell Lane, Cutchogue, NY; Norwald Subdivision Filed Map No. 1275, Lots 31-35 inclusive; County Tax Map Parcel No. 1000- 97-08-27. 7:40 p.m. Appeal No./ 3482 JERRY SHULMAN for a Special Exception to the Zoning Ordinance, Article IX, iSection 100-90 for permission to change use of a portion of existing building to building-material storage, in conjunction with existing agricultural storage and agricultural office, at premises referred to as 11950 Sound Avenue, Mattituck, NY~; County Tax Map Parcel No. 1000-141-03-41. 7:45 p.m. Appeal No. 3473 JOSEPH A. Variance to the Zoning Ordinance, Article Bulk Schedule, for approval of 58~484 sq. 135' frontage along Reydon Drive, set off presently of J. Rich of 55,831 sq. ft. in frontage (lot width). Property identification: Map Parcel Nos.!lO00-79-05-23.1 and 22.1; located west side of Reydon Drive~ Southold, NY. CASSIDY, JR. for a III, Section lO0-31, ft. parcel with from premises to the north area and 135' County Tax along the 7:50 p.m. Appeal No. 3451 BEDELL WINERY for a Special Exception to the Zoning Ordinance, Article III, Section 100-30- (B)[14] to establish winery use from grapes grown on the premises, 36225 Main Road, Cutchogue; 1000-85-02-10. (Recessed from 3/13/86). 8:00 p.m. Appeal No. 3476 ROBERT AND CHARLOTTE WISSMAN for a Variance to the Zoning Ordinance, Article XII, Section 100-121 to seek relief from conditions placed by prior Appeal Page 2 Legal Notice of Hearings Southold Town Board of Appeals Regular Meeting of April 3, 1986 No. 2006 in the Name of Claire Brody and Others dated February 27, 1975, which conditionally granted use of lot for mooring dock and storage building (Article III, Section 100-30(B)[9]) and insuffi- cient lot area and width (Bulk Schedule), to allow the construction of a single-family residence. Location of Property: 715 Gull Pond Lane, Greenport, NY; County Tax Map No. 1000-35-04-007.6 (referred to as Lot "C"). 8:10 p.m. Appeal No. 3481 - PORT OF EGYPT ENTERPRISES, INC. for a Special Exception to the Zoning Ordinances Article VIII, Section 100-80 for permission to install/relocate marine fuel storage tanks in this "C-Light" Industrial Zoning District, at 6230 Main Road, Southold, NY; County Tax Map No. 1000-56-6-3.2, 3.3, 4, 6, 6.1. 8:15 p.m. Appeal No. to the Zoning Ordinance, permission to establish owner-occupied building, 3472 - MICHAEL HERBERT for a Variance Article III, Section lO0-30(A) for "Bed and Breakfast"-type uses or "an other than a hotel, where lodging and breakfast is provided for not more than nine persons." Location of Property: 795 Pike Street, Mattituck, NY; County Tax Map Parcel No. 1000-140-2-23. Zoning District: A-Residential and Agricultural. 8:20 p.m. Appeal No. 3418 - GRETCHEN HEIGL for a Variance to: I~ (a) the Zoning Ordinance, Article III, Section 100-31~ Bulk Schedule for approval of insufficient lot area and width in this proposed division of property, and (b) New York Town Law, Section 280-a for approval of access to proposed Lot #1 over a private right-of-way located along the easterly side of the subject premises. Location Of Property and Right-of~Way in Question: North Side of Sound View Avenue, Southold, County Tax Map Parcels No. 1000-68-1-14 and 15.1. 8:25 p.m. Appeal No. 3477 - WILLIAM AND KATHERINE HEINS for a Variance to the Zoning Ordinance, Article III, Section lO0-31, Bulk Schedule for approval of insufficient area, width and depth of two parcels in this proposed division located along the north side of Main Road, Orient, NY; County Tax Map Parcels No. 1000-19-2-5 and 6. Page 3 - Legal Notice of Hearings Southold Town Board of Appeals Regular Meeting of April 3, 1986 8:35 p.m. Appeal No. 3488 - WILLIAM KREITSEK for a Variance to the Zoning Ordinance, Article III, Section 100-32 (and/or Section lO0-30A) for permission to locate private, fenced-in tennis court together with 12' by 12' gazebo on stilts on vacant premises adjacent to residence of the applicant and referred to as 9030 Soundview Avenue, Southold, NY; George Penny IV Filed Subdivision dated April II, 1974; County Tax Map Parcel No. 1000-59-07-27.2 and 27.1. 8:40 p.m. Appeal No. 3471 NICHOLAS TSIRKAS for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2(A)[1] for permission to construct single-family dwelling with an insufficient setback from edgelof bank~along the Long Island Sound. Location of Property: North Side of Sound Avenue, Greenport, NY; Eastern Shores Subdivision Map 4586, Lot 113~ County Tax Map Parcel No. 1000-33-01-11. 8:50 p.m. Appeal No. 3469 WARREN AND MARY BRADY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate accessory barn in the frontyard area, at premises referred to as 3500 Private Road #13, off the north side of Bergen Avenue, Mattituck~ NY~ County Tax Map Parcel No. 1000-105-01-5. 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. Written comments may also be submitted prior to the conclusion of the hearing in question. For more information, please call 765-1809. Dated: March 13, 1986. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN lk INSTRUCTIONS FOR NEWSPAPERS: Please publish Thursday, March 27, 1986 and forward two affidavits of publication on or before April 1st to: Board of Appeals, Main Road, Southold, NY 11971. TOBJN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL · ..q-~-~.~...~ ':~t'. - '~ -~ ~T... PLEASE TAKE NOTICE that your application dated ...~.Q ¢'~'~ ~. .............../~'%~ , t9 .~.~.~. for pe~it to ~ ~..~ .~ ~. ,~~.r7 ................. ; ............ at Location o f Property.. ~ ~ ~ ...... ~.. ~ ....... ~~ ~ ....... ' County Tax Map No. 1000 Section .., 1.~.~ ...... Block ...... ~ ...... Lot . .~ A ........ Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the followhng grounds..~.', .~....~...~.~ .~ :. ~ ~, .¢~~.. ~. ~~.~. ~...~.. ~.~ ~~ ...... ¢~~.. ~ ........ ~. ~.. ~...~. ~..~ ~~~.~ ~~..~.. ~¢.~ ~.. ~.. ~... ~.~..~. ~...~ ~ ~..~.../.~. ~ ~...~..~ ~. ~j,. ~.-.-;y,~..~~ ................... : ............ Building Inspector RV 1/80 R C VED TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. -D^TE ....... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. I, (We) ..,MI.~HA. EL..I{~R~E~T ........................... of .....~9~...~.ik~...Sk~.~.~ ................................... Name of Appellc~nt Street and Number ..... ~ .a...t..t..i...t..u...c_k, N. ........................................................................................ HEREBY APPEAr TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON Bed & Breakfast permit APPLICATION FOR PE~X~4~X~. ........................... DATED .....N..o._v..e.~.e..~....1..5..,....%_9..8...5. ........ WHEREBY THE BUILDING INSPECTOR DENIED TO ....M I.CHAE L...H3ER~E~T ......................................... Name of Applicant for permit of .... .7.~ 5... ~.i k.e... $.~ r.a ~.t., .M ~ .~.i~.L~c k.,...~ .,.~. ,. ................................................ Street and Number Municipality State PERMIT TO USE ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY .7..9..5..~.~l~.,e....~.t..r..e..et.. "A"-R. es,i.d..e...n..t...i..a...1../..A...g.~..:~.c..~...ltural Street Use District on Zoning Mop Suff. Co. Tax Map:1000-140-2-23 Mop No. Lot No. 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 III, Section 100-30 3. TYPE OF APPEAL Appeal is made herewith for ( )X 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 (ha:~)~:~as not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ) A Variance to Section 280A Subsection 3 )× A Variance to the Zoning Ordingnce ) ~s requested for the reason that Appellant desires to use this property establishment o as a "Bed (Continue on other side) and Breakfast" REASON FOR APPEAL Continued l. STRICT APPLICATION OF THE ORDINANCE would produce procticgJ di~fjcul¢ies or,unneces- sary HARDSHIP becau.~ - SEE ATTACHED - 2 The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because - SEE ATTACHED - 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because - SEE ATTACHED STATE OF NEW YORK ) ) ss COUNTY OF SU~'~OL~ ) Sworn to this .......... . ~.3.~ ........................... day u,-~ ............... ~..~_..z24..~ ......................... 1986 // Notary Public ~AI~Y D~AN)% FOSTER Commission J[xpkes ~ar~h. 30~ 19~ OWNER STREET T VILLAGE FORMER OWNER .~ '1 LAND __j IMP. NEW NORMAL FARM Acre Tillable Woodland Meadowland . House Plat Total FARM TOTAL DATE REMARKS :'SUB. LOT BUll_DING CONDITION BELOW ABOVE Value V~lue Per Acre FRONTAGE ON WATER FP, ONTAGE ON ROAD DEPTH BULKHEAD DOCK COLOR TRIM M. Bldg. Exten,sion Extension Exiension Porch Foundation Ext. Walls Fire Place Typo Roof Bath, - - Porch Breezeway Garage Pa(ia Total Recreation Room I Dormer Floors InYedor Finish (~. ~.----- Heat ~__~ ~ DR. Rooms 1st Floo~ } ') BR. Rooms 2hd ?oo~r q~L. ~ FIN. B TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ; DATE ........... TO THE ZONING BOARD ~)F APPEALS, TOWN OF SOUTHOLD, N. Y. Name of ~ppellont Street and Number ....... :....'. ............... HEREBY APPEAL lO Municipality State THE ZONING BOARD OF ~PPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON _ ~e, ~_,&.,,. ~ ,9 a k f a s t permit APPLICATION FOR PL~.~...'~,~6,~ .................................. DATED .....N..o...v..e..m...b..e...:.....1..5..,.....1.~.8...5. ........ WHEREBY THE BUILDINg INSPECTOR DENIED TO ( ~ ( ) ( ) of Street and Number PERMIT TO USE PERMIT FOR OCCUPANCY HIC~AED..H~RBE~T ......................................... I Name of Applicant for permif ..... 7.95.!.~.ik~..$.~r.a~.~..M~ki~ck,...~^ ....................................... Municipality State 1 LOCATION OF THE PROPERTY 795 Pike Street "A'-Residential/Agricultu~al Street Use District on Zoning Map Suff. CO. Tax Map:iD00-140-2-23 Mop No t Lot No. 2 PROVISION (S) OF TH~ ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article IZZ:, Section 100-30 3 TYPE OF APPEAL Appeal is made herewith for ( )X A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due tb 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 (hc~)X(~as not) been mode with respect to this decision of the Building Inspector or with respect to this property. Such ~ppeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ............................... Dated REASON FOR APPEAL ) A Variance to Sectio~ 280A Subsection 3 )× A Variance to the Z6ning Ordinance ) requested for the reason that Appellant desire~ to use this property as establishment. ~ a 'Bed and Breakfast' Folvn ZBI (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because - SEE ATTACHED - 2. The hardship created is UNIQUE and is not shared by all propertij~s alike in the immediate vicinity of this property and in this use district because - ! 4 - SEE ATTACHED - 3. The Variance would observe the spirit of the Ordinance and WJULD NOT CHANGE THE CHARACTER OF THE DISTRICT because (- - SEE ATTACHED - ~ COUNTY OF SUFFOIZ~ ) ph H Sworn to this ........... .1..3.t,b, ........................... day of ............... F.f~..~?~.~'~. .... inature ................... 1986 JIOTARY pUBL C, State of HeW yo~k No 52.4655242, SuJfolk ~unty ~mm~Ssi~ ~pi~es Mal~h ~ ~Q ~ APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11c3'71 TELEPHONE (516) 765-1809 June 10, 1986 Mrs. Patricia C. Moore Rudolph H. Bruer, Esq. Main Road Southold, NY llg71 Re: Appeal No. 3472 - Michael Herbert (Variance) Dear Pat: Transmitted herewith for your record is a copy of the recent response received from the Suffolk County Department of Planning pursuant to the requirements of Sections 1323 to t332 of the Suffolk County Charter. Yours very truly, Enclosure GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski , t COUNTY OF SUFFOLK DEPARTMENT OF PLANNING (516) 360-5513 June 9, 1986 Town of Southold Board of Appeals Applicant: Mun. File No.: S.C.P.D. File No.: Michael Herbert 3472 SD-86-12 Gentlemen: Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the above referenced application which has been submitted to the Suffolk County Planning 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 sub- mitted to demonstrate compliance with applicable use variance criteria. GGN:Jk Very truly yours, Lee E. Koppelaan Director of Planning by Gerald G. Newman Chief Planner 11788 Southold Town Board of Appeals MAIN ROAD- BTATE ROAD 25 SOUTHOLD, L.I., N.Y. 11g71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI 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 III , Section 100-30 Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.$472 Applicant: Michael Herbert Location of Affected Land: 795 Pike St., Mattituck, County Tax Map Item No.: 1000-140-2-23 Within 500 feet of: Town or Village Boundary Line XX Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Boundary of Existing or Proposed County, Boundary of Existing or Proposed County, Other Recreation Area Thruway State or Federally Owned State or Federal Park or Land Existing or Proposed Right-of Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Established Channel Lines, or Within One Mile of a Nuclear Power Plant _. Within One Mile of An Airport. COMMENTS: Applicant is requesting permission to~!ish "Bed~ fast" type use, or "an owner-occupied buildin~ other than a hotel, where lodging and breakfast is provided for not more than nine persons Copies of Town file and related documents enclosed for your review. Dated:June 3, 1986 Secret~ ry, B o a ~-~A~-e-~-~ s Southold Town Board of Appeals F4AIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS 1 986 April 3, S.E.Q.R.A. ENVIRON~IENTAL DECLAP~AT ION GERARD P. GOEHRiNGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS NEGATIVE JOSEPH H. SAWICKI Notice of Determination of Non-Si~nificanc~ APPEAL NO.:. 3472 PROJECT NAM~E: MICHAEL HERBERT 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 cant adverse effect on the below. the within project not to have a signifi- environment for the reasons indicated Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [ ] Type II [X] Unlisted [ ] DESCRIPTION OF ACTION: Variance to establish "Bed and Breakfast" use (owner-occupied building other than a h0te] where ]0dging and breakfast is provided for not more than nine persons). LOCATION OF PROJECT: Town of Southold, County of SuffoLk, more particularly known as: North Side of Pike Street, Mattituck; ]000-]40-2-23. REASON(S) SUPPORTING THIS DE~EP~INATZON: (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) The relief requeste3 is not related to new construction and is a use variance. (3) The property is located more than 300 feet from tidal wetlands or o~her critical environmental area. OR FURTHER INFOP~ATION, PLEASE CONTACT: Linda Kowals~i, 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. lk APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H.$AWICKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11g71 TELEPHONE (516) 765-1809 May 29, 19§6 Rudolph H. Bruer, Esq. Main Road Southold, NY 11971 Attention: Mrs. Patricia C. Moore Re: Appeal No. 3472 Michael Herbert (Variance) Dear Pat: Enclosed please find a copy of the official findings and determination rendered May 28, 1986 and filed this date with the Office of the Town Clerk concerning the above application. A copy of the file has also been transmitted to the Suffolk County Planning Commission together with the board's decision pursuant to Sections 1323, et seq. of the Suffolk County Charter. Yours very truly, Enclosure Copy of Decision to: Building Department Suffolk County Planning GERARD P. GOEHRINGER Commission REAL ESTATE - APPRAISALS JOHN L. MOORE JR. 12700 Rev'rE 25, MA?TITUCK, N.Y. 11952 TELEPHONE 5 16-298-4485 · /an. 20, 1986 Mr. Gerard P. Goehringer, Zqning Board Of Appeals G/0 $outhold Town Hall Southold, N.Y. , 11971 Chairmen Re: Use Variance - Michael Herbert Dear Mr. Goehringer, I am writing this letter in behalf of Michael Herbert. I under- stand he is applying for a use variance on his residence at 795 Pike Street, Mattituck, N.Y. I was the Real Estate Broker involved in the recent sale of the above residence. Janina Penny sold it to Michael Herbert on 0ct.29,1985. The subject residence was first put on the market on Aug. 1s 1983. The offering price at that time was $125,000. It was shown frequently but nothing happened until Mr. Herbert became interested. Mr. Herbert, on or about June of 1985, offered to pay Mrs. Penny $105,000 for the subject residence. She reluctantly agreed to accept the $105~000 because she realized several factors were making it difficult to find other buyers. The factors limiting the possibilities of finding other buyers included~ the near proximity of the Fire Department, the fact that the Long Island Railroad tracks are contiguous to the rear line of the subject property, the fact that the subject residence is very close to the Mattituck Business Distriet~ the fact that the subject residence is a very large older residence with high ceilings and very little insulation and so subject to relatively large heating bill~. In todays market, the above factors detract from the appeal of the subject residence to one family residential home buyers. I understand that Michael Herbert has spent approximately $20,000 on improvements since taking title to the subject premises. It is my opinion that, as a one family residence, the subject property has, possibly, a current market value of Mr. Herbert's total investment of $125,000. And,at $125,000,it would still have limited interest to the one family residential home buyer because of the above mentioned limiting factors. hope the above is helpful in making your d~ec~on. IN ASSOCIATION WITH BRISOTTI & SILKWORTH, INC. - INSURANCE Southold Town Board of Appeals MAIN ROAD- BTATE ROAD 25 SOUTHOLO, 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 R. SAWICKI March 3, 1986 Mrs. Pat Moore Rudolph H, Bruer, Esq. Main Road Southold, NY 11971 Re: Appeal No. 3472 Michael Herbert (Variance) Dear Pat: This letter will confirm our telephone conversation today that you will be arranging to furnish the board with four copies of a sketch or survey showing proposed parking and manuevering areas, as well as screening of parking area of over five spaces (as required by Section lO0-112(K)[1 & 2] of Article XII-General Regulations). Please have each parking space drawn to a minimum of 10' by 20' and to scale. Please don't hesitate to call if you have any questions. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11c:J71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Notice April 3, 1986 .S.E.Q.R.A. NEGATIVE ENVIRON~iENTAL DECLARATION of Determination of Non-Si~nificanc~ APPEAL NO.:. 3472 PROJECT NAME: MICHAEL HERBERT This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [ ] Type II [×] Unlisted [ ] DESCRIPTION OF ACTION: Variance to establish "Bed and Breakfast" use (owner-occupied building other than a h0te] where ]0dging and breakfast is provided for not more than nine persons). LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: North Side of Pike Street, Mattituck; 1000-]40-2-23. REASON(S) SUPPORTING THIS DETEtLMINATION: (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) The relief requested is not related to new construction and is a use variance, (3) The property is located more than 300 feet from tidal wetlands or o~her critical environmental area. OR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowals~i, 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. lk NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southotd, the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Southotd Town Hall, Main Road, Southold, NY at a Regular Meet- ing commencing at 7:30 p.m. on THURSDAY, APRIL 3, 1986, and as follows: 7:35 p.m. Appeal No. 3396 -~ GARY DOROSKI for a Vari- ance to the Zoning Ordinance, Article XI, Section 100-119.2IBI for permission to locate proposed pool with decks and fence enclo- sure within 75 feet of wetlands and highwater mark, at 425 Monsell Lane, Cutehogue, NY; Norwald Subdivision Filed Map No. 1275, Lots 31-35 inclusive; County Tax Map Parcel No. 10~0-97-08-27. 7:40 p.m. Appeal No. 3482 - JERRY SHULMAN for a Spec- ial Exception to the Zoning Ordi- nance, Article IX, Section 100-90 for permission to change use of a portion of existing building to building-material storage, in I coajunction with existing ag- ~ ricultural storage and agricul- tural office, at premises referred to a~ 11950 Sound Avenue, Mat- tituck, NY; County Tzx Map Par- cel No. 1000-141-03-41. 7:45 p.m. Appeal No. 3473 -- JOSEPH A. CASSIDY, Jl~ for frontage along Reydon Drive, set off from premises to the north presently of J. Rich o~ 55,831 sq. ft. in area and 135' frontage (lot width). Property identification: County Tax Map Parcel 1000-79-05-23.1 and 22.1, cared along the west side of Reydon Drive, Southold, NY. 7:50 p.m. Appeal No. 3451 BEDELL WINERY for a Spec- ial Exception to the Zoning Ordi- nance, Article [TI, Section 100- 30-(B)[14] to establish winery use from grapes grown on the premises, 36225 Main Read, Cutehogue; 1000-85-02-10. (Re- ceded from 3/13/86). 8:0~ p.m. Appeal No. 3476 ROBERT AND CHARLO~'r~ WISSMAN for a Variance to the Zoning Ordinance, Article XH, Section 100-121 to ~eek relief from conditionz placed by prior Appeal No. 2006 in the Name of Cinire Brody a~d Others dated February 27, 1975, which condi- tionally granted u~e of lot for mooring dock and storage build- ing (Article III, Section 100- 30(B)[9]) ~nd inzufficient lot area and width (Bulk Schedule), to allow the construction of a single-family r~idence. Loc~- tion of Property: 715 Gull Pond Lane, Greenport, NY; County T~x Map No. 1000-35.~4-007.6 (referred to a~ Lot "C'). 8:10 p.m. Appeal No. 3481 - PORT OF EGYPT ENTER. PRISE~, INC. for a Special Ex- ception to the Zoning Ordinance, a Variance to the Zoning Ordi- Article VHI, Section 100-80 for nance, Article IlI, Section 100- permi~ion to instalUrelocate 31, Bulk Schedule, for approval mar'?'~,stora~ tenkz in this of 58,484 sq. ft. parcel with 135' "C-Ll~hm~ial Zoning Dis- ~x~ct, ~6l'~JO Main Road, South- ~old, hrY; County Tax Map No. 1000-56~6-3.2, 3.3, 4, 6, 6.1. ,, 8:15 p.m. Appeal No. 3472 CHAEL HERBERT for a ariance to the Zoning Ordi- rice, Article III, Section 100- A) for p~rmi~doa to ~tebliah [ ~"Bed and Br~*lrr,,~t"-typo u~e, ar ~-an ow~er-~x~pied building, I other than a hotel, wher~ ledging J and breakfast is pr~vided~fo, r not / more than nine persons. Loca- / tion of Property: 795 Pike Street ~ / Mattituck, NY; County Tax Map [ ~l No. 10o~140-2-23. Zon-~ I ing District: A-Residential and] k~.~A _gricuiruraL WII.I.IAM KREITSEK for a Variance to the Zoning Ordi- nance, Article III, Section 100-32 (and/or Section 100-30A) for per- mission to locate private, fenced- in tennis court together with 12' by 12' gazebo on stilts on vacsnt premises adjacent to residence of the applicant and referred to as 9030 Soundview Avenue, South- old, NY; George Penny IV Filed Subdivision dated April 11, 1974; County Tax Map Parcel No. 1000-59-07-27.2 a~d 27.1. 8:40 p.m. Appeal No. 3471 -- NICHOLAS TSIRKAS for a Variance to the Zoning Ordi- nance, Article XI, Section 100- 119.2(A)[ 1 ! for permission to con- struct single-family dwelling with an insufficient setback from edge of bank along the Long is- land Sound. Location of Prop- erty: North Side of Sound Av- enue, Greenport, NY; Eaztorn Shores Subdivision Map 4586, Lot 113, County Tax Map Parcel No. 1000-33-01-11. 8:50 p.m. Appeal No. 3469 - WARREN AND MARY BRADY for a Varinnce to the Zoning Ordinance, Article IH, Section 100~32 for permission to locate ac~ory barn in the fi-on- tyard area, at premises referred to a~ 3500 Private Road #13, off the north side of Bergen Avenue, Mattit~ck, NY; County Tax Map parcel No. 1000-105-01-5. The Board of Appeals will hear at zaid time and place all porsorm or representatives dezirmg to be heard in each of the above mat- tera. Written comment~ may also be submitted prior to th~ eoncin- sion of the hearing in question. For more information, plea~ecall 765-1809. Dated: March 13, 1986. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN ITM27-5198 STATE OF NEW YORK ) } SS: COUNTY OF SUFFOLK ) M~-r~, K. Degnan ofGreenport, in said County, being duly sworn, says that he/she is Principal Clerk of THE SIJFFOLK TIMES, a Weekly Newspaper, published at Greenport, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for One weeks successively, commencing on the 27 day ofM~ r~-}~ 19 86 PrinciPal Clerk Sworn to before me this = ~NN M. ~AT£ d~v of ///// ,i~JO?AR¥ PU~[IC, Sta,e*' fo N~ Yo~, - ~ ' .... ~uf/~k County h~ 474318~ 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 public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, Main Road, Southold, NY at a Regular Meeting commencing at 7:30 p.m. on THURSDAY, APRIL 3, 1986 and as follows: 7:35 p.m. Appeal No. 3396- GARY DOROSKI for a Variance to the Zoning Or- dinance, Article XI, Section 100-119.2(B) for permission to locate proposed pool with decks and fence enclosure within 75 feet of wetlands and highwater mark, at 425 Monsell Lane, Cut- chogue, NY; Norwald Subdivi- sion Filed Map No. 1275, Lots 31-35 inclusive; County ~ Map Parcel No. 1000-97-08-27. 7:40 p.m. Appeal No. 3482- JERRY SHULMAN for a Special Exception to the Zoning Ordinance, Article IX, Section 100-90 for permission to change use of a portion of existing building to building-material storage, in conjunction with ex- isting agricultural storage and agricultural office, at premises COUNTY OF SUFFOLK ssl 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 County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for ................... ~. ...... weeks successively, commencing on the ...................... Sworn to before me this ..................... day of ..... ......... ,79. Avenue, Mattituck, NY; Coun- ty Tax Map Parcel No. ' ........................... 1000-141-03-41. ///~:15 p.m. Appeal No. 3472-~ Notary Public , 7:45 p.m. Appeal No. 3473- /MICHAEL HERBERT for a ] BARBARA F©2B=S JOSEPH A. CASSIDY, JR. for / Variance to the Zoning Or- a Variance to the Zoning Or- / dinnnce, Article III, Section Notary FubL;e, ~qtate o,~ New York dinance, Article III, Section [ 100-30(A) for permission to No. 485~8~6 100-31, Bulk Schedule, for ap- ~.qestablish '~Bed and Breakfast"- Qualified in ~Suffolk County proval of 58,484 sq. ft. parcel [ ]type use, or "an owner, occupied ommissi,n Expires ~ ..5/ 19 ~f with 135' frontage (lot width). [ / building, other than a hotel, Property identification: County ]/ where lodging and breakfast is Tax Map Parcel Nos. ~irovided for not more than nine 1000-79-05-23.1 and 22.1, persons:' Location of Property: located along the west side of 795 Pike Street, Mattituck, NY; Reydon Drive, Southold, NY. ~ County Tax Map Parcel No. 7:50 p.m. Appeal No. 3451- 1000-140-2-23. Zoning District: BEDELL WINERY for a A-ResidentialandAgricultuml. Special Exception to the Zoning 8:20 p.m. Appeal No. 3418-' Ordinance, Article III, Section GRETCHEN HEIGL for a 100-30-(B)[14] to establish Variance to: (a) the Zoning Or- winery use from grapes grown dinance, Article I11, Section on the premises, 36225 Main 100-31, Bulk Schedule for ap- Road, Cutchngue 1000-85.02-10 proval of insufficient lot area (Recessed from 3/13/86). and width in this proposed divi- 8:00 p.m. Appeal No. 3476.- sion of property, and (b) New ROBERT AND CHARLOTTE York Town Law, Section 280-a WlSSMAN for a Variance to for approval of access to pro- the Zoning Ordinance, Article posed Lot No.l over a private XII, Sectionl00-121 to seek relief right-of-way located along the from conditions placed by prior easterly side of the subject Appeal No. 2006 in the Name of p_re~mi, se.s. 1-~_ a~ion of Property Claire Brody and Others dated '~a. nd right-of.w~,Xo~T~Falong~l February 27, 1975, which con- ~the easterly side of the subject] ditionally granted use of lot for qe~mmises,..Looo, tiomof ProperL~z) mooring dock and storage *.and Right-of-Way in Question: building (Article Ili, Section ~ North side of Sound View 100-30(B)[9] and insufficient lot ~ Avenue, Southo d, NY; County area and width (Bulk Schedule), ! Tax Map Parcels No to allow the construction of a ,"1000-68-1-14 and 15.1. single-family residence. Loca- 8:25 p.m. Appeal No. 3477- toin of Property: 715 Gull Pond WILLIAM AND Lane, Greenport, NY; County ~'KATHERINE HEINS for a Tax Map No. 1000-35-04-007.6 ~L. anance to the Zoning Or- (referred to as Lot "C"). ~'..dinance, Article Ill, Section 8:10 p.m. Appeal No. 3481- ~.. 100-31, Bulk Schedule for ap- PORT OF EGYPT ENTER- ~ proval of insufficient area, PRISES, INC. for a Special Ex: ~- width and depth of two parcels ception to the Zoning Or- ~-~in this proposed division located dinance, Article VIII, Section .~ along the north side of Main 100-80 for permission to in- ~ Road, Orient, NY; County Tax stall/relocate marine fuel ~.~Map Parcels No. 1000-19-2-5 storage tanks in this "C-Light" and 6. Industrial Zoning District, at 6230 Main Road, Southold, NY; County Tax Map No. 1000-56-6-3.2, 3.3, 4, 6, 6.1. 8:35 p.m. Appeal No. 3488- WILLIAM KREITSEK Variance to tiie Zoning Or- dinance, Article III, Section · 100-32 (and/or Section 100-30A) for permission to loca!e private, fenced-in tennis court together with 12' by 12' gazebo on stilts on vacan~ premises adjacent to residence of the applicant and referred to as 9030 Soundview Avenue, Southold, NY; George Penny IV Filed Subdivision dated April 11, 1974; County. Tax Map Parcel No. 1000-59-07-27.2 and 27.1. 8:40 p.m. Appeal No. 3471- NICHOLAS TSIRKAS for a Variance to the Zoning Or- dinance, Article XI, Section 100-I19.2(A)[1] for permission'to construct single-family dwelling with an insufficient setback from edge of bank along the Long Island Sound. Logs. tion of Property: North Side of Sound Avenue, Greenpon, NY; Eastern Shores Subdivision Map 4586, Lot 113, County Tax Map Par- cie No. 1000-33-01-11. 8:50 p.m. Appeal No. 3~69- WARREN AND MARY '. BRADY for a Variance to the Zoning. Ordinance, Article III, Section 100-32 for permission to locate accessory barn in the frontyard area, at premises refer- rcd to as 3500 Privat~ Road N° 13, off the north side of Bergen Avenue, Matittuck, NY; Coun- ty Tax Map Parcel No. 1000-105-01-5. The Board of Appeals will hear at said time and place all persons desiring to be heard in eazh of the above n~attecs. Writ- ten comments may also be sub- mitted prior to the conclusion of the hearing in question. For more information, please call 765-1809. Dated: March 13, 1986. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN IT-3/27/86(12) 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 RE]AD- STATE RI'lAD 25 SnUTHOLD, 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, please feel free to call our office, 765-1809. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN Enclosure Linda Kowalski Secretary and Board Clerk 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unnecessary HARDSHIP because The land in question cannot yield a reasonable return if used only for the purposes allowed by current zoning. The property was purchased by Appellant for $105,000.00 after remaining on the market for approximately three (3) years. The lack of marketability of the property was attributed to the commercial location of the property. Consequently, Appellant purchased the property with the intention of seeking a variance in order to use the property as a Bed and Breakfast establishment. The residential use of the property has cost Appellant a substantial sum in maintenance costs, lost wages and property value. Appellant has expended as follows: Rehabilitation costs Property taxes (per year) 20,000.00 1,800.00 Payments on $84,000 mortgage (per mo.) Maintenance expenses (per mo.): Fuel oil Electric Insurance General maintenance 887.00 225.00 65.00 666.00 200.00 In total mortgage and maintenance expenses (excluding taxes) add up to $2,043.00 per month. The costs of this property, in its present use, creates a substantial hardship on Appellant who wishes to make the Bed and Breakfast enterprise both his occupation as well as his residence. In addition, the property cannot yield a reasonable return as a residence to offset the substantial costs. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in the use district because The proposed Bed and Breakfast is located across from the Mattituck Firehouse, adjacent to Wickham Avenue, on Pike Street and one block north of Main Road (Route 25). The property in question, with its proximity to the Mattituck business district and congested streets, is not conducive to residential use. In fact, Pike Street, where the property in question is situated, is zoned "Business" on the south side of the street (Lots 3 - 11) and "Business" up to Appellants neighbor's house on the north side of the street (Lots 19 - 21). Therefore, two-thirds (2/3) of Pike Street is zoned "Business", while the remaining one-third (1/3) is zoned "Residential". 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because While Appellant's property is zoned residential, it is in the midst of a thriving business district. The character of the neighborhood has significantly changed since the present zoning went into effect. The remaining one-third (1/3) of Pike Street which is zoned "Residential" has lost its residential character. Recognizing the change in the character of the neighborhood, Southold Town has proposed a zone change in its proposed Master Plan. Pike Street has been recommended to be zoned "Hamlet-Business". The "Hamlet-Business" district will permit, by special exception of the Planning Board, a "Bed and Breakfast" enterprise (Sec. 100-90(B-5) of the proposed zoning requlations April, 1975 draft). The proposed zoning requlations define "Bed and Breakfast" as: "An owner-occupied building, other than a hotel, where lodging and breakfast is provided for not more than nine persons." Appellant will meet the proposed definition of "Bed and Breakfast" establishment. In addition, adequate off-street parking will be provided for guests. Appellant requests that, in the interest of justice, a use variance be granted. 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 February 20, 1986 To: Southold Town Zoning Board og Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3472 application of Michael Herbert for a variance. Also included is Notice to Adjacent Property Owners; letter relative to N.Y.S. Tidal Wetlands Land-Use; Short Environmental Assessment Form;letter from John L. Moore, Jr.; CO and Notice of Disapproval from the Building Department; plans and survey. Judith T. Terry Southold Town Clerk Page 4 Legal Notice of Hearings Southold Town Board of Appeals Regular Meeting of April 3, 1986 Copies of the 3-page Legal Notice of Hearings to the following on or about March 25, 1986, with transmittal form: Mr. Gary Doroski, 425 Monsell Lane, Cutchogue, NY 11935 Mr. Jerry Shulman, P.O. Box 41, Port Jefferson Station, NY 11776 Mr. Joseph A. Cassidy, Jr., 39-17 222nd St, Bayside, NY 11361 Mr. Merlon Wiggin, Peconic Associates, Greenport, as agent for BEDELL WINERY as agent for PORT OF EGYPT ENTERPRISES NY 11944 Rudolph H. Bruer, Esq., Main Road, Southold, NY as agent for ROBERT AND CHARLOTTE WISSMAN as agent for MICHAEL HERBERT as agent for WILLIAM KREITSEK as agent for NICHOLAS TSIRKAS 11971 Michael J. Hall, Esq., Youngs Avenue, Southold, NY 11971 as agent for GRETCHEN HEIGL Anthony B. Tohill, P.C., Box 744, Riverhead, NY ll901 as agent for WILLIAM AND KATHERINE HEINS Mr. and Mrs. William Heins, Main Road, Orient, NY 11957 Town Clerk Bulletin Board ZBA Bulletin Board Building Inspectors (4) ZBA Members ZBA Individual Files with Affidavits of Publication 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unnecessary HARDSHIP because The land in question cannot yield a reasonable return if used only for the purposes allowed by current zoning. The property was purchased by Appellant for $105,000.00 after remaining on the market for approximately three (3) years. The lack of marketability of the property was attributed to the commercial location of the property. Consequently, Appellant purchased the property with the intention of seeking a variance in order to use the property as a Bed and Breakfast establishment. The residential use of the property has cost Appellant a substantial sum in maintenance costs, lost wages and property value. Appellant has expended as follows: Rehabilitation costs Property taxes (per year) Payments on $84~000 mortgage (per mo.) Maintenance expenses (per mo.): Fuel oil Electric Insurance General maintenance $ 20,000.00 1,800.00 887.00 225.00 65.00 666.00 200.00 In total mortgage and maintenance expenses (excluding taxes) add up to $2,043.00 per month. The costs of this property, in its present use, creates a substantial hardship on Appellant who wishes to make the Bed and Breakfast enterprise both his occupation as well as his residence. In addition, the property cannot yield a reasonable return as a residence to offset the substantial costs. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in the use district because The proposed Bed and~Breakfast is located across from the Mattituck Firehouse, adjacent to Wickham Avenue, on Pike Street and one block north of Main Road (Route 25). The property in question, with its proximity to the Mattituck business district and congested streets, not conducive to residential use. In fact, Pike Street, where the property in question is situated, is zoned 'Business" on the south side of the street (Lots 3 - 11) and 'Business" up to Appellants neighbor's house on the north side of the street (Lots 19 - 21). Therefore, two-thirds (2/3) of Pike Street is zoned "Business", while the remaining one-third (1/3) is zoned "Residential' is 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACT~ OF THE DISTRICT becaus~ While Appellant's property is zoned residential, it is in the midst of a thriving business district. The character of the neighborhood has significantly changed since the present zoning went into effect. The remaining one-third (1/3) of Pike Street which is zoned "Residential" has lost its residential character. Recognizing the change in the character of the neighborhood, Southold Town has proposed a zone change in its proposed Master Plan. Pike Street has been recommended to be zoned "Hamlet-Business'. The "Hamlet-Business" district will permit, by special exception of the Planning Board, a "Bed and Breakfast' enterprise (Sec. 100-90(B-5) of the proposed zoning requlations April, 1975 draft). The proposed zoning requlations define "Bed and Breakfast' as: "An owner-occupied building, other than.a hotel, where lodging and breakfast is provided for not more than nine persons." Appellant will meet the proposed definition of "Bed and Breakfast" establishment. In addition, adequate off-street parking will be provided for guests. Appellant requests that, in the interest of justice, a use variance be granted. BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of MICHAEL HERBERT to the Board of Appeals of the Town of Southold TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Th~ in~bntion of the undersigned to petition the Board of Appeals of the Town of Southold torequesta~~-XL~t~/ov~(~(~l~'a~t~[ (OV~r~e~) [circle choice] ). 2. That thepropert¥ which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 795Pike Street, Mattituck, N.Y. 3. That the property which is the subject of such Petition is located in the following zoning district: · A"-Resident ial/A~r icul tural 4. That by such Petition, the undersigned will request the following relief: a var lance permittinq the use of this property as a "Bed & Breakfast" establishment. $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article III Section 100-30 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. (53.6) 765-3.809. 7. That before the relief sought may be granted, a public hearing must be held onthe 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~d~e Emag Island T~veler-Mattituck WatChman, newspapers published in the Town of~Southold and designated :for the Publication ~f, such no~tices; tharyou or your representative have the right to appear and be heard at such bearing. ..~ ~.. Dated: RUdolph H, Bruer Petitioner for: Micheal Herbert Pest Office Address Main Road, P.O. Box 1466 Southoldr N.Y. 11971 PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Estate of Prances Gildersleeve c/o James A. Gildersleeve Mattituck, N.Y. 11952 Mr. and Mrs. John Keogh Pike Street Mattituck, N.Y. 11952 STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: Mary Diana Foster , residing at (No~) Y~Cann Lanet Greenportt NY 11944 , being duly sworn, deposes and says that on the ~ day of February ,19 86 , 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 p~rs0ns 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 Southold, NY ; that said Notices were mailed to each of said persons by (certified) (l~l~l~lt~[ mail. Sworn tO before me this ]~th day ,,of February_ ~4otary Public 8~ TOWN OF SOIITIIOI,D OI"~]CE OF BUILDING INSI'I,;CTt) TOWN I[AbL SOUTIIOLD, NEW YOI,'K CERTIFICATE OF OCCUPANCY NONCONFOI{MING I'I~EMISES Tills IS TO CEi[TIFY that tile I~1 Land / / Building(.~) I-I Use(s) Pre C.O. #- Z13944 Date- Oct. 18~1985 located at 795 Pike St. Mattituck Street llamlet shown on County tax map as District 1000, Section 140 , Block 02 Lot 023 , does~not)conform to the present Building Zone Code of the Town of Southold for the following reasons: Insufficient total area. Insufficient side yard set-back. On the basis of information presented to the Building Inspector's Office, it has been determined that the above nonconforming /~/Land /Z/Building(s) /Z/Use(s) existed on tile effective date the presen~ Lluilding Zone Code of the Town of Southold, and may be ¢outinued pursuant to and subject to the appli- cable provisions of said Code. IT IS FUIITtIER CERTIFIED that, based upon information presented to the B~ilding Inspector's'Office, the occupancy and use for which this Certifi-, cate is i~sued is as follows: Property contains a two story, one fam- ily, wood framed dwelling with attached porches; an accessory gar- aqe with attached shed. Proper~y also has split rail fencing along parts of east side line. Property situated in the A-Residen- tial-Agricultural Zone with access to Pike St., a Town maintained road. The Certificate is issued to of the aforesaid building. P~NNY, JANINA (owner, ,,u,~ulk Count3 Department of llealth Approval N/A UNDERWIqlTEIiS CERTIFICATE NO. N/A NOTICE IS IIEREBY GIVEN that the owner of the above premises r~£)T CONSENTED TO AN INSPECTION o£ the premises by tile Building Inspec- tor to determine i~ the premises comply with al! applicable codes and ordh~- ances, other than the Building Zone Code, and therefore, no such inspection }las been conducted. This Certificate, therefore, does not, and is not intended to certify that the premises comply with all other applicable codes and regula- tions. k;uiidin~ inspector ~chael Herbert QUESTIONNAIRE TO BE COMPLETED AND FILED WITH APPLICATION TO THE Z.B.A. The New York State Tidal Wetlands and Use Regulations, 6 NYCRR, Part 661, requires an application to the N.Y.S. Department of Environmental Conservation, Environmental Analysis Unit, Building 40, S.U.N.Y., Stony Brook, NY 11794, (tel. 516~751-7900), if you have checked Box #1 and/or Box #6 below. Please either call their office or personally visit them at their Stony Brook office for instructions and application forms. Once you have received written notification of approva please p~ovide our office with a copy (with the conditions) as early as possible in order that we may continue processing your Z.B.A. application. [ ] I. [ ] 2. [~, ] 3. [ ] [ ! [ ] Waterfront without bulkheading Waterfront with bulkheading in good condition [ ] the full length of the property [ ] at least 100' in length Not located within 300' of waterfront or wetlands area May be located within 300' of waterfront or wetlands area; however, the following structure separates my property from this environmental area: [ ! 50' existing road [ ] existing structures [ ] bluff area more than 10' in elevation above mean sea level 5. This proposed addition/expansion of an existing building will be more than 75' from the landward edge of tidal wetlands/waterfront areas. 6. This proposed addition/expansion of an existing building will NOT be more than 75' from the landward edge of tidal wetlands/waterfront area. [ ] 7. Please be aware that any and all subdivisions and new dwellings will also require an application to the N.Y.S. Department of Environmental Conservation for their review and approval. If you are able to provide them with recent photographs of the project and wetland areas, it would help expedite the processing of' your applica- tion. This questionnaire is made to explain the requirements of this State Law and to prevent any unnecessary delays in processing your application(s). 10/831k -- ('o) ill order to ons¥1er ~he questions in this short EAF i~: is assumctd ~ho( ~he prcporer ~i~ use. cu~en~y o,/ai~ob~e ~n[ormo~on concerning the projecL ond Cha ~ikeiy impac~s oF ~be oc¢~on. It is no~ expecCed additional s~udies, research or other investigations will be undertaken. (b) If any question has been answered Yes ~he project may be significant and o completed Envlronmen~ol Assessment Form is necessory. (c) If oll ques%ion5 have been answered No i~ is lil~ely that %his projcc~ is not 5lgniricon~.' '' . '. (d) Environmental Assessmen~ I. ¥/ill projec~ result in o large physical change · . '' to %he project site ~r physically al~er more 'Yes X No ~han 10 acres oF-land? ........................ ; 2. %'1ill ~here be o major change ~o any unique or · unusual land form found on the si%e? .......... Yes X 3. ¥1ill projec~ alter or hove a large' eFFect' om existing body of water? ....................... YD~ X 4. ¥/ill project have o potentially large impoc~ . on groundwater quell[y? ........................ Yes X' No ; .5. ¥1ill project significantly effiec.t_dro~nage.... X: No flow on od~ocen~ 5i¢e57... ................... ;.. Yes. 6. %'/ill projec~ affect any ~hreo~cned or ~ cnd¢,nDercd plan~ or animal ~pecies? ........... Yes X' No 7. ¥/ill project result in ~a ,najor adverse / 8. %'/ill projec~ hove o major el[ccC on visual ' cl~oroc~er of ~he community or scenic views or vistas known to:be ~mpor~on~ ~o ~he community? 'Yes X'No ~. %'/ill project adverse!)' impact any 5iCe or .- 5true,ute o~ }]istoric, pre)listoric or paleontological importance or any 5i~c designated os o cri~ica! environmental area 10. ¥/iI1 projec¢ hove a major e~cct on exis~ihg or future recreational opportuni%ies?.' ....... Yes X 11. Will projec~ result in .major traffic problems aL cou~.e a major effect ~o ex.is¢ing ~ronspor~o~ion ~siems? ....................... Yes X No 12. %'1ill pr6jec¢ .regularly cause objectionable . odoz5, noise,' glare, v~bro~ion, or elec'[ricol az~¢urboncc os o resul~ oF ~he project's opera%ion? ......... ' .......... '; ................. Yes X No 13. %?ill~projec~ have any i~poc~ on public health or .safety? .................................... Yes X No 1~. %'/ill p~oj'ec~ oFfec~ the existing community by.'' direc[ly causing o growth in permanent : population o[ moro tJ~on 5 percc9% over a year period or have o major negative e~fcct '-' on tJ]e character or ~he cofnmunity or '.. ' " ighborhood? Yes X ~5. ls ~hcrc public controversy concerning ~JJe ~rojec~ Yes X No .- , · ' ,EPAP, L P. S REPI'~ESEHT!Nc Michael Herbert