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HomeMy WebLinkAbout3539 i rr !- APPEALS BOARD MEMBERS �j✓"�•�,�:::� ra n SCOTT L.HARRISSupervisor U :v Gerard P.Goehringer,Chairman Charles Grigonis,Jr. Town Hall 53095 Main Road Serge Doyen,Jr. ; v �' P.O.Box 1179 James Dinizio,Jr. Southold,New York 11971 Robert A.Villa Fax(516)765-1823 Telephone(516)765-1809 Telephone(516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD October 2.4-, 1991 Mr. Michael Herbert 795 Pike Street Mattituck, NY 11952 Re: Appl. No. 3539 and 3924 - Special Exception Requirements Dear Michael: Attached please find a copy of the determination rendered by the Board of Appeals concerning the above application. A copy of this decision has also been furnished for the Building Inspectors and Planning Board records and information. Please be sure to return to their offices for issuance of appropriate - permits or -other approvals in this project as may be appropriate (if not already obtained) . Very truly yours, Linda Kowalski Enclosure Copy of Decision to: Southold Town Building Department Southold Town Planning Board Suffolk County Department of Planning APPEALS BOARD MEMBERS Ft; SCOTT L.HARRIS Gerard P.Goehrin er Chairman '�y'`'� `' " :_ " � Supervisor Charles Grigonis,Jr. ; Serge Doyen,Jr. " ,; Town Hall,53095 Main Road James Dinizio,Jr. i ;` g_.° s „'�'j P.O.Box 1179 Robert A.Villa , ,,,` 4: _ Southold,New York 11971 ��4 Y Fax(516)765-1823 Telephone(516)765-1809 Telephone(516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS Ref: Appl. No. 3924 AND 3539. Upon application of MICHAEL HERBERT for permission to withdraw Z.B.A. determination rendered September 11, 1986 concerning a Special Exception to the Zoning Ordinance for the establishment of a Bed and Breakfast with owner- occupancy/residency. .Subsequent to the Bed and Breakfast, the applicant received Special Exception conditional approval rendered March 29, 1990 for two apartments, other than the owner-occupied manager's quarters. This application is made pursuant to Condition No. 1 of the March 29, 1990 Z.B.A. determination. The subject premises is located in the Hamlet-Business (HB) Zone District and is substandard in size. Location of Property: 795 Pike Street, Mattituck, NY; County Tax Map District 1000-140-2-23. WHEREAS, a public .hearing was held on September 26, 1991 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 t WHEREAS, 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 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 approximately 20,129 sq. ft. , is located in the Hamlet-Business (HB) Zone District, and is improved with an existing two-story framed principal building and accessory (storage) garage located in the rear yard area, all as shown on the sketch prepared for the applicant. 1 Page 2 - Ref. Appl. No. 3924 and 3539 . 1 Matter of MICHAEL HERBERT _ Decision Rendered September 26, 1991 3. This application is being made pursuant to Conditions No. 1 and No. 3 of this Board's .decision rendered on March 29, 1990 under Appl. No. 3924. At the time of making the application for a three-family dwelling, a Bed and Breakfast Use had been in operation (Appl. No. 3539) , and the Bed and Breakfast operation was to cease immediately upon the effectuation and operation of the use conditionally authorized under Appl. No. 3924 (subsequent Special Exception) . 4. During late of 1990, it is this office's understanding that the principal building in question was converted from a Bed and Breakfast to a two-family dwelling use and manager`s quarters, under the auspices of the building department. 5. As a result of such conversion, the owner has filed this written application to show intent to cease and abandon the Bed and Breakfast use, as well as intent to comply with this Board' s determination. 6. It is also noted for the record that: (a) in September 1986, at the time of the conditional approval of a Bed and Breakfast operation, the subject premises was located in an "A" Residential and Agricultural Zone District. This parcel was, up until 1989, a nonconforming (substandard) parcel. Two-acre zoning ( 80,006 sq. ft. minimum lot area was in effect since May 1983. ) (b) on January 10, 1989, the Southold Town Board adopted revisions to the Master Plan zoning maps and code, which also modified the zoning of the subject parcel to Hamlet- Business (HB) . This parcel, having a land area of 20,000 sq. ft. or more, was conforming as to lot area. (c) on March 29, 1990, the conditional grant of an owner-occupied two-family dwelling use with manager' s quarters was effectuated. - (d) any change, modification, increase or expansion, structurally or otherwise, as well as change of use to other than two-family residential, will require further approval by the Board of Appeals as well as consideration by the Planning Board under the site plan regulations. Accordingly, there shall be no retail sales permitted at the premises, now or in the future, unless appropriate approvals from Building, Zoning and Planning have been issued. 7. In light of all of the above, the interests of justice will be served by granting the applicant' s request to permanently withdraw the Bed and Breakfast operation. Page 3 - Ref: Appl. Nos. '3924 & ;3539 Matter of MICHAEL HERBERT Decision Rendered September 26, 1991 . Accordingly, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, that the use authorized under Appl. No. 3924 for a Bed and Breakfast Operation in conjunction with owner occnpany is hereby deemed WITHDRAWN, as requested and further noted above. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Dinizio and Villa. This resolution was duly adopted. c/ GERARD P. GOEHR NGER, C RMAN COUNTY OF SUF OL_K PETER F.COHALAN SUFFOLK COUNTY EXECUTIVE r �() 4 j/ /d 360-5206 DEPARTMENT OF PLANNING LEE E.KoPPELM DIRECTOR OF PLANNING October 28, 1986 Town of Southold ' Zoning Board of Appeals Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) John J. Newman 3442 Raymond T. Goodwin 3530 Arthur & Bernadette Burns 3532 Mr. & Mrs. John Bredemeyer 3533 Robert Waddington 3534 George & Pat Brown 3536 Michael Herbert 3539 Mr. & Mrs. Mark La Rosa 3540 Mr. Peter Capone, Pres. Rial Realty Corp. 3551 Very truly yours, Lee E. Koppelman Director of Planning S/s Gerald G. Newman Chief Planner 1 VETERANS MEMORIAL HIGHWAY ' HAUPPAUGE.L.I..NEW YORK 1 1 788 (516)360-5192 i ��Ln 50uthoid MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765.1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Pursuant to Article XIII of the Suffolk County Charter , the Board of Appeals of the Town of Southold , New York , hereby refers the following to the Suffolk County Planning Commission : Variance from the Zoning Code , Article , ' Section Variance from Determination of Southold Town Building Inspector xy Special Exception , Article Z1z, Section100-30 !,(B) (116) Special Permit Appeal No . : 3539 Applicant : Michael Herbert Location of Affected Land : 795 Pike St. , Mattituck, NY County Tax Map Item No . : 1000- 140-2-23 Within 500 feet of: Town or Tillage Boundary Line Body of Water (Bay , Sound or Estuary ) XX State or County Road , Parkway , Highway , Thruway Boundary of Existing or Proposed County , State or Federally Owned Land Boundary of Existing or Proposed County , State or Federal Park or Other Recreation Area 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 establish "Bed and r Breakfast use, " an owner—occupied building other than hotel where__jQdgipg and breakfast- is provided for not more than six casual, transient roomers, and renting of not more than three ronms Copies of Town file and related documents /e/nnclosed for, your review. Dated : Oct. 21, U' G = Secret ry , Board o Appeals f o � 5outhold Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765.1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No." 3539 ' Application 'Dated J,u'ly. 24 ,. '1986 (Public Hearing August 14 , 1986 ) To. , Rudolph H. Bruer , Esq . as [Appellant (s) ] Attorney for MICHAEL HERBERT Main. Road Southold , NY 11971 At a Meeting of the Zoning Board of Appeals held on 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 [XX] Request for Special Exception under the Zoning Ordinance Article III , Section 100-30 (B ) [16] [ ] Request for Variance to the Zoning Ordinance Article Section . . . . . . . . . . . ... . . Request.- for. . . . Appl i-cati-on -of MICHAEL HERBERT , -for a Special Exception to the Zoning Ordinance , Article III , Section 100-30 (B) [16] for permission to establish " Bed and Breakfast use , " an "owner-occupied building other than a hotel where lodging and breakfast is provided for not more than six casual , transient roomers , and renting of not more than three rooms . 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 and ca6c',luded on August 14 , 1986 in the Matter of the Application under' `Application No . 3539 of MICHAEL HERBERT; 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 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 con.s.i..sts. of .a total area of approximately one-h,al.f. ,acre with 85±, ft. .__. frontage along Pike Street and an average , lot , depth of,23,8± feet , and is improved with the following structures : (a ) a two.-story framed , single- fa m,i ly dwe,l.l i ng shown on survey dated October _9 , 1985 , having ,a .setbac.k of_. 39± feet from its frontproperty l i ne ..and si deyards of 26 feet and 34 feet , and (b ) an accessory garage located (CONTINUED ON PAGE TWO) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 11/81) Page 2 - Appeal No . 3z)3y-SE . Matter of MICHAEL HERBERT Decision Rendered September 11 , 1986 in the rearyard area with an insufficient setback of one foot , more or less , from the easterly side property line . 3. The subject premises is located in the "A" Residential and Agricultural Zoning District ; , the adjacent parcels to the west and east are also in the "A" Residential and Agricultural Zoning District . Other parcels ,' along the south side of Pike Street are in the " B- 1 " General Business Zoning District . Abutting the subject_.-premises _to the north is the Long Island Railroad ; north of the Railroad are premises located in the "C-_Light Industrial " Zoning District ., 4.' For the record it is noted that the applicant purchased the premises on October 29 , 1985 (Liber 9907 cp 338 ) , and a Certificate of Occupancy of Nonconforming Premises #Z13944 was issued October 18 , 1985 for a single-family dwelling . 5 . It is further noted for the record that a use variance under Appeal No . 3472 was denied without prejudice on May 28 , 1986 . Subsequent thereto , on July 1 , 1986 , Local Law No . . 5-186 entitled , "A Local Law in Relation to .Bed and Breakfast Facilities" was adopted permitting such uses by Special Exception in the "A" , "M" , 11M-111 , " B" , " B- 111 , "C" , an.d "C-1." Zoning Districts . 6 . Applicant proposes to the use the subject dwelling in accordance with the requirements of Article III , Section 100-30 (B) , subsection [16] , and all other town , county and state regulations pertaining to this " bed and breakfast" use , with owner-occupan.y , where lodging and breakfast is provided for not more than six , casual , transient roomers and renting of not more than three rooms. 7 . A minimum of five 10 ' by 20 ' parking spaces will be installed at the rear of the premises for the rented rooms . 8. Article III , Section 100-30 ( B) , subsection [16] makes exception for site-plan approval and reviews of the Planning Board for this use . In considering this application , the board finds and deter- mines that : (1 ) the proposed use will not prevent the orderly and reasonable use of adjacent properties or of' properties in adjacent use districts ; (2 ) the use will not adversely affect the safety , welfare , comfort , convenience or order of the town ; (3 ) the use is in harmony with and will promote the general purposes and intent of zoning . The board has also considered subsections [a] through [1 ] of Article XII , Section 100 121 (C) [2] of the Zoning Code . Accordingly , on motion by Mr . Goehringer , seconded by Mr . Grigonis , it was RESOLVED , that a Special Exception for permission to establish Bed and Breakfast use within existing single- family dwelling for the renting of not more than three rooms for lodging and serving of breakfast to not more than six casual and transient roomers , BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS : 1 . That a minimum of five 10 ' by 20 ' parking spaces be installed at the rear of the subject premises ; and 2 . That this use comply with all other rules and regulations as apply , including but not limited to the ' N . Y . S . Construction and Building Codes . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen , Douglass and Sawicki . This resolution as u y adopted . GERARD P . GOEHR LAGER , CWAIRMAN lk September 14 , 1986 r Four Southold Town Board of eals MAIN ROAD - STATE ROAD 25 BOUTHOLD, L.I.. N.Y. 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3472 Application. Dated February 20 , 1986 (Public' Hearing 413/86) TO: Rudolph H., Bruer., Esq . f_Appellant (s) l for MICHAEL HERBERT Main Road Southold , NY 11971 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 [X ] Request for Variance to the Zoning Ordinance Article III , Section 100-30 [ ] Request for Application of MICHAEL HERBERT for a Variance to the Zoning Ordinance , Article III , Section 100-30 (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 3 , 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 recorded 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 followi,pg 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) acce_ssory (CONTINUED ON PAGE TWO ) DATED: May 29, 1986 . CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 - Appeal No . 3472 Decision Rendered May 28 , 1986 Matter of MICHAEL HERBERT garage located in the rearyard area with an insufficient setback of one foot , more or less . 3. The 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 . cthe . touth side of Pike Street are - in -the " B-l " 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 is 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 dwbjling for a "bed and breakfast-type " use , 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 . Si.milar .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-Li-ght" Business , °B-1 " 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 .cir.cumstances .are unique , that the relief requested must be denied for the reasons stated above . Accordingly, on motion by Mr.. Sawicki , seconded by Mr . Grigonis , it. 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 . 00 1 k /r RECEIVED AND FILED BY GERARD P . GOEHRINGER , C IRMAN q-F;E SOU` 1,,o'LD TOV114 CLERK May 29 , 1986 DATES. �6 HOUR Town Clerk, Town of South d TO: Southold Town Zoning Board of Appeals Town Hall Main Road Southold, New York 11971 I , the undersigned, am a neighbor of Michael Herbert, my property in Mattituck , N.Y . being adjacent to his . I hereby acknowledge my support of the Bed & Breakfast establishment for which Mr . Herbert seeks the Town of Southold' s approval , as I believe it will be an asset to the community. Dated: ! '�C� 6 ,WL-sT- TO: Southold Town Zoning Board of Appeals Town Hall Main Road Southold, New York 11971 I , the undersigned, am a neighbor of Michael Herbert, my property in Mattituck , N.Y . being adjacent to his . I hereby acknowledge my support of the Bed & Breakfast establishment for which Mr . Herbert seeks the Town of Southold 's approval , as I believe it will be an asset to the community. Dated: ,-- iQa /ID AC0 i Cf+S 7- TO: Southold Town Zoning Board of Appeals Town Hall Main Road Southold, New York 11971 I, the undersigned, am a neighbor of Michael Herbert, my property in Mattituck , N.Y . being adjacent to his . I hereby acknowledge my support of the Bed & Breakfast establishment for which Mr . Herbert seeks the Town of Southold' s approval, as I believe it will be an asset to the community . Dated: 4/I'I'm Z' TO: Southold Town Zoning Board of Appeals Town Hall Main Road Southold, New York 11971 I , the undersigned, am a neighbor of Michael Herbert, my property in Mattituck , N.Y. being adjacent to his . I hereby acknowledge my support of the Bed & Breakfast establishment for which Mr . Herbert seeks the Town of Southold ' s approval, as I believe it will be an asset to the community. Dated: d/:�Iqt Zx f��Q os s �Sre�T TO: Southold Town Zoning Board of Appeals Town Hall Main Road Southold, New York 11971 I, the undersigned, am a neighbor of Michael Herbert, my property in Mattituck, N.Y. being adjacent to his. I hereby acknowledge my support of the Bed & Breakfast establishment for which Mr . Herbert seeks the Town of Southold' s approval, as I believe it will be an asset to the community. Dated: a TO: Southold Town Zoning Board of Appeals Town Hall Main Road Southold, New York 11971 I , the undersigned, am a neighbor of Michael Herbert, my property in Mattituck , N.Y . being adjacent to his . I hereby acknowledge my support of the Bed & Breakfast establishment for which Mr . Herbert seeks the Town of Southold' s approval, as I believe it will be an asset to the community. Dated: Ln Southold ' Town Board. f oAppeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI September 15 , 1986 -Mrs . Patricia C. Moore Rudolph H. Bruer , Esq . Main Road Southold , NY 11971 Re : Appl . No . 3539 - Michael Herbert (Special Exception ) Dear Pat : Attached hereto is a copy of the official findings and determination recently rendered and filed thi.s date with the Office of the Clerk concerning the above matter . In the event your application has been approved , please be sure to return to the Building Department for approval of any .new construction , in writing ,- or other documents as may be applicable . If this application involves a pending subdivision or site plan , please return to the .Planning Board for further processing :by their office . Please do not hesitate to call either our office (765-1809) or that of. the Building Inspector._ .:(765-1802) if .you have any questions . Yours very truly , GERARD P . GOEHRINGER Enclosure CHAIRMAN_ Copy of Decision to Building Department By Linda Kowalski Suffolk County Planning Commission Mr_., Michael Herb-ert SOUTHOLD TOWN BOARD OF APPEALS MATTER OF MICHAEL HERBERT THURSDAY, AUGUST 14 , 1986 PUBLIC HEARING 8 : 40 p.m. Appeal No. 3539 - Public Hearing commenced in the Matter of MICHAEL HERBERT. Special Exception to establish "Bed and Breakfast" use, renting of not more than three rooms, and provided for not more than six casual, transient roomers. 796 Pike Street, Mattituck. The Chairman read the legal notice and application for the record. CHAIRMAN GOEHRINGER: Application for Special Exception Use, the application reads as _follow5: Special Exception to es- tablish "Bed and Breakfast" use, renting of not more than 3 rooms, and provided for not more than six casual, transient roomers. And I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. I have a sketch of the survey which was done by Briarcliff land- scaping on 7/30/86 indicating the house and the property and a floor plan of the house. Would somebody like to be heard? Can" I ask someone to close those back doors if you wouldn't mind? Thank you. MS. MOORE: As the application states, Mr. Herbert comes be- fore you for a special exception bed and breakfast use which is now permitted by Local Law #5 just adopted this year. The special exception requires the Board to act on some reasonable basis in adopting the general purposes of the resolution. That is the standard that you have in here. As we requested in our application, Mr. Herbert seeks your approval to rent 3 rooms on the second floor of his residence. He will accomodate no more than 6 guests and that' s what we have applied for. We hope that this will be considered a model bed and breakfast application and set guidelines for further bed and breakfast applications. We'd like you to consider certain things. First, is the location. We are in the heart of the residential, we are not in the heart of the residential neighborhood. We're on the fringe of commercial center. Adjacent zones to the east/west and to the south are B1 and sea light and industrial is on the north. We are within in walking distance of the Mattituck business area and we're con- veniently located for both shopping and for bus and railroad transportation. Pike Street, as the application states, is con- venient and travel through streets from Love Lane on the west and Wickham Avenue on the east. Also we hope that you will consider the support of . the community. Neighbors were.' invited 'during _the early Spring and they were impressed by the care which was taken by Mr. Herbert to restore this old home. Mr. Herbert has been open with the neighbors as to his intentions and has encouraged them to interact and show their interest. I have here 6 letters from both adjacent property owners, from-' the property owners across the street and to the property owners adjacent to the ad- jacent property owners. So in all, we have 6 letters which state Page 2 - August 14, 1986 Public Hearing-Michael Herbert Southold Town Board of Appeals MS. WICKHAM (continued) : that they are in favor of this application and there was no arm twisting there. They were favoring it all along. CHAIRMAN GOEHRINGER: Thank you. MS. WICKHAM: The neighbors. recognize that he has improved the quality of the neighborhood by restoring this home. And since the bed and breakfast enterprise depends on the quality of the accomodations, there are no threats that the house will deterio- ate once we hope that you will give us the approval that we re- quest. We hope you will consider the design of the interior of the home, when you have bed and breakfast applications before you. We ask that or invite you that if you would like to inspect the inside of Mr. Herbert's home as well as the outside to see that it is the proper layout and design for bed and breakfast estab- lishment. He's very proud of the care he took to make this a comfortable and safe accomodation for his guests. We ask that you note that onthe diagram that was presented to you the layout of the house. There are two stairs which provide safe exits in case of an emergency. One in the front of the house and . one in the rear. So there. is adequate exits. The living quarters are very large and spacious and there' s an abundance of parking. , As you note on the diagram, there are five spaces which are 10 by 20 in the back of the house, a garage which provides another parking space. And diagonally across from the home is the Mattituck munici- pal parking lot, if there were any reason to have any more than those spaces. We recognize that the bed and breakfast use is a new use and will require careful consideration by this Board but we would request that and ask that you make a prompt decision be- cause the bed and breakfast establishment is a seasonal enterprise and he' s anxious to begin. Any questions you have? CHAIRMAN GOEHRINGER: As you know, we did turn down - an application prior to this and I personally said at a public hearing before the Town Board that I was not opposed to this particular application but did not have a vehicle to grant it at that particular time. Mr. Herbert might find several of us knocking at his door in the next few weeks. Myself will be one of them and we may tour the house and we may just tour the grounds but I will definitely be over,and we will make every attempt to give you an expeditous. decision. MS. WICKHAM: Thank you very much. CHAIRMAN GOEHRINGER: Thank you. Is there anybody else who would like to speak in favor of this application? Anybody like to speak against this application? Questions from Board members? Hearing no further questions, I 'll make a motion to close this hearing reserving decision until later. (Transcribed from cassette tapes recorded electronically at the meeting by Linda Kowalski , ZBA Clerk . ) Nadia Moore T Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 . TELEPHONE (516) 765-1809 APPEALS BOARD August 14 1986 MEMBERS g GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. S.E.Q.R.A. SERGE DOYEN, JR. NEGATIVE ENVIRONMENTAL DECLARATION ROBERT J. DOUGLASS JOSEPH H. SAWICKI Notice of Determination of Non-Significance APPEAL NO. : 3539 PROJECT NAME: M,ICHAEL 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 [X]. Unlisted [ ] DESCRIPTION OF ACTION: stab Sfil"Bed and Breakfast" use, renting not more than three rooms; and provided for not more than six casual, transient roomer eOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 795 Pike Street, Mattituck, -NY 1000-140-2-23 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) Is not located within 300 feet of tidal wetlands or other critical environmental area. 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) This is an. application. concerning use of - the premises and is not directly, J�glaItg4 to pew construction. . ` TOWN -OF SOUTH OLD .PROPERTY RECORD CARD d OWNER STREET i VILLAGE DISTJ SUB. LOT i�F t l Y r1 - 1 Pt_`r _ r' ci Pd 0 FORMER OWNER N -� ) r I ! i _ S tN (r` -TYPE OF BUILDING <ES. `) � SEAS. VL. FARM comm. CB. MICS. Mkt. Value r -LAND IMP. TOTAL DATE E REMARKS i !1 C' U e� r no O n 1 6V O O /� % I 2eV1FwE:D .3G0 S 3 a� I �6/6[' i /Z�3�r'! �/�a3/7� Sdc,D ,oao, `Fpr�,i ) /�. �'rryr.�� io c 77Gp G&,( 7o' Tdde,y, I I Iraq L. f I I I AGE I BUILDING CONDITION NEW I NORMAL BELOW ABOVE FARM I Acre Value Per I Value I Acre Tillable, I FRONTAGE ON WATER Woodland FRONTAGE ON ROAD - i Meadow➢and DEPTH �- House Plot I BULKHEAD Total j I DOCK I `v JI - C � - COLOR ,. ..._. . . - __... . _ . T „Vi - -- I 0 I , 50 •I I I i ' I I i I I I j 1 i L ( I _j- _ M. Bldg: Extension .. .IIi �. •z .-' , - I j i ' Extension 1311 �s � = I I Extension Foundation -: u; c Bath I o - . Dinette tei� 17 Y B 7 Basement Porch = Floors- j — I K. Porch d, d ! Ext. Walls i Interior Finish i � LR. Breezeway f i I Fire Place Pleat I _ DR_ Garage Type Roof Rcoms 1st Floor I BR. Petio I I Recreation Room' Rooms 2nd Floor; i FIN. B O. B. ! I Dormer . Driveway Total .�p��,r�.•� � . .- '' •lid• _ c� ` �� _ _ — .Y._., 50 43 ah � - AM a ' ��, J r•, o s - Z `g?�' Sr y �} x i nth,• >--tom.,. .. spo 01 V. .• 4 1'BS. b W zk L.tia. 134 - � KET AAP p��T{/ ro •� © COUNTY 1 1 C c MS... j�,.ii� men° 12K(al n , � �ar•.I �` „J�P�O�K TOgH OF So THOLD f SECTi(k� P l... l ..am.....:,,.,�.............. .w.ur•`z�,iL ;.,.,. •ua;ma>,....ao>�«mw„�...,.ws�;a:.,.n..:.�..aun� ..,..,...»w.,.............. ...... .....,..»...._.._..,.....,.._. 7:50 p,tn; Appeal No. 3520 . "ariances to the Zoning Ordi- OleTHOMAS 811ALVEY. Vari, once: (1) Article I11, Section. aiacc-to the Zoning Ordinance, -DO-31, Bulk Schedule, for per- Article'1II,Section 100-31,Bulk mission to construct kitchen ad, IdCE'®F$£s A&dYIa1G5 Schedule;for approval of insuffi- tenon with an insufficient wes-. NOTICE IS HEREBY GIVLN,` cidnt area, width and depth of terly sideyard setback and insuf two parcels in this proposed divi ficient total sideyards;(2)Article pursuant ,Section' 267 of the, sion or., set-off of,land located XI,Section 100-119.2(B)for per Town Law and.the Code of the:. along the south side of Case, mission to construct kitchen and. Town of Southold,th©following' Road, �,utchogue, NY; County. deck additions with an insufli-. public;hearings,will be held by;'• Tax Map Parcels No.1000-116-2-- cient setback from the highwater• the fs®LT1'HbLD TOWN. 15 and 16. mark along Peconic Bay,at 4450 BOARD OF APPEALS at the 7:55 p.m. Appeal No. 3532 -: Peconic Bay Boulevard, Laurel, Southold Town Hall,Main Road, ARTHUR AND BER. NY;County Tax Map Parcel No. Southold,NY at a Regular Meet-•. NADETT9 BURNS. Variance. 1000-128-4-22.2. ing commencing at 7:30 p.m.on to the 76hin4 Ordinance,Article. 8:15 p.m. Appeal No. 3533 - THURSDAY., AUGUST, 14;'. III,:Sections 100-30(C) and 100- JO'cllmi AND J.?EANNE BRE >1985 and as follows: °. 32,,for permission to construct DEMEYER. Variance to the, 7:35 p.m. Appeal No: 3536Y` ' accessory tennis court in the 'Zoning Ordinance, Article III, GEOR,GE AND I''�T BROWN-. frontyard area, at 3525 Private Section 100-31, Bulk Schedule,. Variance to th.e:_Zoning, Ordi- Road #13 (right-of-way extend- for permission to locate single-, seance, Article III, Section 100 ing off!the end of Ruth Road), family dwelling structure within, 31, Bulk Schedule, for permfs=..: Mattituck;County Tax Map Par- 75 feet of ordinary highwater sion to construct deck addition to' eel No. 1000-105-1-4. mark along Orient Harbor.I..oce-,, dwelling with reduction ofexistj 8:05 p.m. Appeal No. 3433'- tion of Property:West Side of Bay ' ing nonconforming sideyard set' GAII, ` DESSIMOZ AND Avenue,Orient,NY;County Tax back,- at 150' Briarwood Lane, MICHAEL RACZ.Variance for Map Parcel No. 1000-26-1-8. Cutchogue,NY;County Tax Map; approval of access, New York 8:20 p.m. Appeal No. 3539 - Parcel No. 1000-1364-3:' Town Law, Section 280-a, over MICHAEL I-IEIR,BERT.Special `1:40 p.m: Appeal No 3477 private right-of-way known as. Exception to the Zoning Ordi- WILLIAM AND KATHERINE,, ;; Hallock Lane and referred to as nance, Article III, Section 1.00. REINS.Variance to the Zoning,, . Private Road #10,extending off 30(B)1161 for permission to estab- Ordinanc®, Article 111i Section' ,the noa•th side of Sound Avenue, lish"Bed and Breakfast use,"an 100 31, Bulk'Sched�ile, for,ap= 1Vlattituck, New York,(over and owner-occupied building, other proval of insufficient area;width along lands of Charles Simmons than a hotel,where lodging and g g. and depth`of two parcels in this", and' Edward Harbes). County breakfast is provided for not proposed division or set-off of Tax Map Parcels No.1000-112-1- more than six casual, transient 1 land located along the north.side-, 7 & 8, and to Parcel No. 1000- roomers,and renting of not more of Main' Road, Orient; ,NY;. 112-1-4 than three rooms. Location of County Tax;Map Parcels No, 8aO pan. A peal tQo. 3530 = Property:._795 Pike Street, Mat. •1 Op;1 r`IzSe �.6 . .'.e. .1 •1'o;s '� ", �S IId`�II�TAIa ^�2.° 'Q.vbG D�1T14.t tituc ,`i(.;doutityTax-MapPar,- (81 o. 1000-140-2-23.' Zoning Tax. Maps ag 1000-73-2-4, to ict:"A'.'Residentiai aild Ag--, premises of Johnston, identified r..ural. on the Suffolk County Taxlvlaps P.M. Appeal No; 3442 -' as 1000-73-2-1..• 'OHN J.NEWMAN. Variance 9:00 p.m. Appeal.No. 3513 - )the Zoning Ordinance,Article STIEPHEN SHILOWITZ.Vari- :I,Section 100-119.2(B)for per- ance to the Zoning Ordinance, FATE OF NEW YORK � fission to construct addition to Article XI,Section 100.119.2(B) �` welling within 75 feet of high for permission to construct con. ater and existing bulkhead dominium complexes within-75 COUR-IrY OF SUFFOLK ?ong '.lames Creek,, at, 430 feet of bulkhead and tidal water, , ilors Needle Road,Mattituck;, at the west.side of.Sixth Street, 'Y;County Tax Map Parcel No:;:;,: Greenport,NY;1000-49-01-.25.1. Katherine B O n d a r C h u k :00-144-5-29.1 and 30. (,' Zone District; "M-I,flght Multi- of Green port, in Said County, FSt�in 8:35 p.m. Appeal No, 3535'= pie"Residence. ' duly sworn, Says that he/she is ORTH FORK FRIENDS OF •The Board of'Appeals will hear Principal Clark of THE SUFFf.➢LK 71FAES, ��Si/®okpy� '.ENYON TUTHIL L.Variance at said time and place all persons. )the Zoning Ordinance,Article or representatives desiring to be Newspapor, published at Greanport, in they -town I,Section 100-30 forpermission heard in each of the above hear- of Southold, County of Suffolk and State of New )use premises for a special fund ings.. Written comments may dsing event,incoinjunrtionwith',, also be submitted prior to the . York, and that the Notice of which the annexed is reworks display,at premises of' conclusion of the subject hearing. a printed copy, has been regularly tmP�li$h�ail in '.F. and P.A. LaMorte;', 895 For more information,please call B y p orth Bayview Road, Southold, 765-1809. 1. said Newspaper once each e�eok for 1 00-70-1County 0(20.1 o 2'0.2Parce ,in- Dated:July i7, 1986. . week: successively, commencing on the 31 JOO-70-13-20(20.1 to 2t)r1,in-' BY ORDER" usive). OF THE SOUTHOLD day of_ July 19 86 8:40 p.m. Appeal ,No:,-34.78 TOWN BOARD tECRY JOHNSTON..'Vari OF APPEALS nces for:Q)•Building Inspector• GERARD lJ. GOEHRIIIIGER, -� issue building permit allowing - CHAIRMAN :fisting`structure to be weath- 1TJy31-5317', •ized,prior to final 280-a access — ?proval,and(2)approval of ac- Princapaal Clark iss in accordance with-'.New ork Town Law, Section 280-9,. rerpriv ate right-of-waye'xtend-•':; Sworn to b(e re me this V— ig from .the northerly end,of d !' � ay ofx_ T� ridge Lane Extension and Ore- C7 -)n Road,over lands of Bokina .'. ?iARI C state NOTARY PUBLIC,State of New 'antified of the Suffolk County, No.4II4986Q Z---- Term Epare�FebtaaaaYo i It !.'NOTICE OF HEARINGS 8:10 p.m. Appeal No. 3530= RAYMOND T. GOODMN` NOTICE:IS.HEREBY GIV Variances to the Zoning:;Or= _EN;pursuant to; 666n 267'of ,., u%J U N T Y O F S U F FO L K dinance:(1)Article III;Section the,Town Lacy aixd`the C�de'of;!. ss: :•.,, STATE O F NEW YO R K 100-31, Bulk Schedule;-for'tier-•' the•';Town?:of:";Southa d,' !'the'-' mission to construct kitchen ad following'public- earings wsll be; •'' dition' with ,an insufficient. held •by-,�theM•.SOUTHOLD ; westerly sideyard setback and in TOWN BOARD'OF APPEALS- sufficient total sideyards;(2)Ar-' at' the....Southold.:-Thwn. Hall;,, Patricia Wood, being duly sworn, says that sh tiele XI;Section 100-119,2(B)for Main Road,Southold,;NY;ata Editor, of THE LONG ISLAND TRAVELER-WAT( permission to construct kitchen Regular Meeting commencing at a public newspaper printed at Southold, in Suffolk, and deck additions with an in-/ 7:30,! p.m.,.,on,:�.;THURSDAY; sufficient setback, from' the AUGUST: 14,. 1986 .;and;;as .:'. and that the notice of which the annexed is a print) highwater mark along Peconie :.. -` .`..'. . has been published in said Long island Traveler-W Bay, at 4450 .Peconic Bay . 7:35 p.nn:.'Appeal No. 3536=, . once each week for . ! Boulevard,Laurel,NY,County GEORGE AND PAT..BROWN.. , . . . . . . . . . . . . . . . • . . . • • • • • •I ' Tax Map : 'Parcel No.-,,; Variance,t°,the ,Zoning :.1, successively, commencing on the , 180528- 2Ap z. dinance,,"Article,,,Y1I, -Sect 1 !. peal No, 3533- 160-31, Bulk:Schedule, for`per- • • • • • • • • • • • • • JOHN AND' •''JIEANNE ' mission to construct-deck addi- BREDEMEYER. Variance to. tion 10 dwelling with reduction- day of . . . . . . . .. 19 �� . , the Zoning Ordinance, Article: of existing`.nonconforming �' sideyaid:setback, at,150.,Briar- III, Section-, permission Bulk: Schedule," for permission to: wood;Lane,•.Cptchogue,..:NY;-. L locate single-family dwelling County=,T P -No,ax,,Map arcei = y I structure within 75'feet of or-.r 7:40 p.m..;Appeal No.,3477- dinary highwaier mark along. Orient Harbor.Location of Pro-: WIL, County KATHERI E HEIN, \ NY,' y Avenue, - AND I Orient, side of Bay A Tax Map to the Zoning.OrdinancerArti, Sworn to before me this . . . . . . . . . . . . . ' Parcel No. 1000-26-1-8. cle III, Section .1Q0-- .:Bulk, i''� �� 8:20 p.m. Appeal No. '3539 Schedule,,.for.approval of insuf 8:40: p.in:,• Appeal No. MICHAEL HERBERT Special. ficient area,w•idth-and depth-of� ; 19 . . two parcels in.,this:proposed,:.. 1 3478-BECKY .JOHNSTON,JOHNSTON ' ' ' ' Exception to the -Zoning'Or--: Variances for;;(1);Building '' dinance, Article' I11, Section. division or, 'set-off,•of •land :I I'.': 100-30(B)[161 for permission to: located along the north side.of, spector:to issue building permit Main Road,.Orienf NY;Goun,," A allowing existing structure'to be establish "Bed and Breakfast weaflierized,'prior,to final use, an owner-orcupie ty Taz Map.•;Parccl No, /„-_� - %� ' proval'of aedess�in accordance to building, other than a hotes, 1000-19-2-5 and 6. �_':' ,� � '�� . . 7:50 p.m::Appeal:No.'3520- tary Public where lodging and breakfast is; with.New York Town.Law,Sec- ; provided for not more than six THOMAS SHALVEY.Variance'' 4 tion,280-a,over privafetight-of BARBARA I:ORBES casual,-transient roomers, and- to the Zoning Ordinance; Arai;, way extending from the norther cle All Section;, 100-31,-.,bulk.:..., y Public, State of New York renting of not more than three. ly end of Bridge Lane Extension. No. 4806846 rooms. Location of Property:. Schedule,for approval'of insuf:= Wand Oregon Rho d,over''lands'of ttrlified in Suffolk Count 795 Pike Street;Matts'tuck;NY;. ficient area,width'and depth of; � ! y County Tax Ma Parcel No: two parcels i this"proposed', ;;� Bokina,'identified on the Suf- fission Expires « S/ 19�S p division''or: set=off 'of'' land,, I 'y. _Folk._,Ccunty�Tax Maps as ' 1000-140-2-23. Zoning District: located along the',souih side:.of :{ 100-73.2-4, to'• premises, of `'`A Residential and Case Road, ,,Cutchogue,. NY I. .Johnston,identified on the Suf Agricultural. . folk County Tax ,Maps as, j 8:25 p.m. Appeal No..3422- Co>¢g§y Tax Map'Parcel No 1011=73 21.; 't JOHN J. NEWMAN. Variance 1000-116-2-15 and 16., Appeal'No;35131„ I r:;;' ,9;00,.p:m:.App l to the,Zoning Ordinance, Arti 7:55 glib „;li�ieal No. 35�3,?j"n;l ,,;.. ` cle XI;Section 100-119.2(B)f®r qq ' STEPHEN SHILOWITZ: AR'141UR AND BER Variance to;the','Zonin Or- ' I, NADETTE BURNS,:;Variance„ 'I g permission to construct addi to.the Zoning grdidance,Arti= °dinance;''Article 'XI,; Section tions to dwelling within 75 feet• cle I1I;'Section 100-'30(C)'and 100-I19,2(I3)'for permission to. of •high water and 'existing construct condominium'com- bulkhead along.lames Creek,at 100-32;for permission to_con � ,� plexes wrAin J-8S:'feet 'of:,.. 430 Sailors Needle Road, Mat- struct accessory tennis'court in bulkhead and'tidal,water,at the: tituck, •NY; County'.Thx'Map the''.fr6ntyard'area,. at: 3525. ;;I,:.•. - Private Road No.''13,{f i);Ht=of:'.;', ,' .2,west.side of Sixth,Street,Green -:. Parcel No. 1000-144-5-29.1 and way ezeending iolf''the'`end of port;NY;,1000-49-Oi- 5.1 Zone, . . 30. District "M'Light :Multiple", 8,35 p.m. Appeal No 3535= Rutli Road),.Mhtidtuck; Courn "NORTH FORT{FRIENDS OF . ty':. Tax •Map Parcel `No Tlie Board'of Appeals.;will 1{ENYON TUTI ILL.Variance 8:p5,p.m:.Appeal. .. 3433 h6i:a4 said'time and place all to the,Zoning Ordinance, Arti- persons or,:re resef it'atives desir-' cle 111, Section 100-30 for per7GAIL1 DESSI&16Z ,'AND ,:, p o A MICHAEL RACZ'• Variancez ing'to W ticard in each of the, i mission to use premises:'for a pp abo4e hearings r`Written,com-, special-fund-'raising' event 'in: for ;a roval of access, New E canjun'ctfori' with"tfi'rewoilcs" ments may-also.be-isula mated York Town L`aw,Section 280-a, r over private right way known 'j prior. to the'conclusion of the, k display,.at premises of W.F.a'rd as Hallock Lane:and'referred to subject hearing,for more infor•' T.A. LaMorte, 895 North as Private Road No;10,LLexten ma6i il,pieaie call 165�1809:', f Bayview Road, Southold, NY; Dated:�July;17; 1986 I County Tax Map Parcels No. ding off t.hc nsirtli side Qf So}find, t .+B1C,ORDER OF THE 1000-70-13-20 (20.1 to '20.21, Avenue, Nlatt,huck;=blew Yorks "• $OUTHOLD TOWIti: inclusive). (over and along lands of Charles `;9 BOARD.OF "SEALS Simmons and Edward Harbear l:i b RARD P. GOEY: ,ra�cil R, County •Tax Map,.�'grcel ,P,So.ai Ce ::yl',�Iv1AN. 10(t D12•i-�8i€ and to,Parcel,'z ` �o��FFot,��oG o Southold TownSoard of Appea ls MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.V. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI TO WHOM IT MAY CONCERN : Enclosed herewith as confirmation of the time and date of the public hearing concerning your recent -application is a copy of - the Legal Notice as published in the L . I . Traveler- Watchman , Inc . and Suffolk Weekly Times , Inc . Someone should appear in your behalf during the public hearing.. in the event there are questions from board members o.r 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 t r l GeR P . . GOEH G R N ER CHAIRMAN Linda Kowalski Secretary and Board Clerk Enclosure NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN , pursuant to Section 267 of the Town Law and the Code of the Town of Southold , the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall , Main Road , Southold , NY at a Regular Meeting commencing at 7 : 30 p .m. on THURSDA-Y , AUGUST 14 , 1986 and as follows : 7 : 35 p .m . Appeal No . 3536 - GEO.RGE AND PAT BROWN . Variance to the Zoning Ordinance , Article- III , Section 100-31 , Bulk Schedule , for permission to construct deck addition to dwelling with reduction of existing nonconforming sideyard setback , at 150 Briarwood Lane , Cutchogue , NY ; County Tax Map Parcel -No . 1000-136-1 -3 . 7 : 40 p .m. Appeal No . 3477 - WILLIAM-AND KATHERINE HEINS . Variance to the Zoning Ordinance , Article III , Section 100-31 , Bulk Schedule , for approval of insufficient area , width and depth of two parcels. in this proposed division or set-off of land located along- the north -sid-e of Main Road , Orient , NY ; County Tax Map Parcels No . 1000-19-2-5 and 6 . 7 : 50 p .m. Appeal No . 3520 = THOMAS SHALVEY . Variance to the Zoning Ordinance , Article III , Section 100-31 , Bulk Schedule , for approval of insufficient area , width and depth of two parcels-in this proposed division or set-off of land located along the south side of Case Road , Cutchogue , NY ; County Tax Map Parcels No . 1000-116-2-15 and 16 . 7 : 55 p .m . Appeal No . 3532 - ARTHUR AND BERNADETTE BURNS . Variance to the Zoning Ordinance , Article , III ; Sections.,1.00-30 (C) and 10032 , for permission to construct accessory tennis court in the .frontyard area , at 3525 Private Road #13 -(right-of-.way extending off the end of Ruth Road ) , Mattituck; County Tax Map Parcel No . 1000-105-1 -4. 8 :05 p .m. Appeal No . 3433 - GAIL DESSIMOZ and MICHAEL RACZ . Variance for approval of access , New York Town Law , Section 280-a , over private right-of-way known as Hallock Lane and referred to as Private Road #10 , extending off the north side of Sound Avenue , Mattituck , New York , (over and along lands of Charles Simmons and Edward Harbes ) . County Tax Map Parcels No .. 1000-112-1 -7 & 8 , and to Parcel No . 1000-112- 1 -4 . Page 2 - Notice of Hearings August .14 , 1986 Regular Meeting Southold Town Board of Appeals 8 : 10 p .m. Appeal No . 3530 - RAYMOND T . GOODWIN . Variances to the Zoning Ordinance : (1 ) Article III , Se-ction 100-31 , Bulk Schedule , for permission to construct kitchen addition with an insufficient westerly sideyard setback and insufficient total si.deyards ; (2 ) Article XI , Section 100-119 . 2 ( B) for permission to construct kitchen and deck additions with an insufficient setback from the highwater mark along Peconic Bay , at 4450 Peconic Bay Boulevard , Laurel , NY ; County Tax- Map Parcel No . 1000-128-4-22 . 2 . 8 : 15 p . m . Appeal No . 3533 - JOHN AND JEANNE BREDEMEYER . Variance to the Zoning Ordi-nance , Article III , Section 100-31 , Bulk Schedule , for permission to locate- single-family dwelling structure w-it.hin 75 feet of ordinary highwater mark along Orient Harbor . location of Property : West Side of Bay Avenue , Orient, NY ; County Tax Map Parcel No . 1000-26-1 -8. 8 : 20 p . Appeal No . 3539 - MICHAEL HERBERT . Special Excep- tion to the Zoning Ordinance , Article III , Section 100=30 (B ) [16] for permission to establish "Bed and Breakfast use ,- "an owner- occupied building , other than a hotel , where lodging and breakfast is provided for not more than six casual , transient roomers , and renting of not more than three rooms . Location of Property : 795 Pike Street , Mattituck , NY ; County Tax Map Parcel No . 1000- 140-2-23 . Zoning District : "A" Residential and Agricultural . 8 : 25 p .m. Appeal No . 3442 - JOHN J . NEWMAN . Variance to the Zoning Ordinance , Article XI , Section 100-119. 2 (B ) for permission to construct additions to dwelling within 75 feet of high water and existing bulkhead along James Creek , at 430 Sailors Needle Road , Mattituck , NY ; County Tax Map Parcel No . 1000-144-5-29. 1 and 30 . 8 : 35 p .m . Appeal No . 3535 - NORTH FORK FRIENDS OF KENYON TUTHILL . Variance to the Zoning Ordinance , Article III , Section 100-30 for permission to use premises for a special fund-raising event in conjunction with fireworks display , at premises of W . F . and T . A. LaMorte , 895 North Bayview Road , Southold , NY ; County Tax Map Parcels No . 1000-70-13-20 (20 . 1. to 20 . 21 , inclusive ) . ~Page „8 Notice of Hearings August,;_14 , ,1986 Regular Meeting Southold - Town Board of Appeals 8 :40 p .m. Appeal No . 3478 - BECKY JOHNSTON . Variances for : (1 ) Building Inspector to is.sue building permit allowing existing structure to be weatherized , prior to final 280-a access approval , and (2 ) approval of access in accordance with New York Town Law , Section 280-a , over private right-of-way extending from the northerly end of Bridge Lane Extension and Oregon Road , over lands of- Bokina ,` i.dentified on the Suffolk County Tax Maps as 1000-73-2-4 , to premises of Johnston, identified on the Suffolk County Tax Maps as 1000-73-2-1 . ,9: 00 p .m . Appeal No . 3513 - STEPHEN SHILOWITZ . Variance to the Zoning Ordinance , Article XI , Section 100-119. 2 (B ) for permission to construct condominium complexes within 75 feet of bulkhead and tidal water , at the west side of Sixth Street , Greenport , NY ; 1000-49-01 -25 . 1 . Zone District : "M-Light Mul - tiple " Residence . The ' Board of Appeals will hear at said time and place all persons or representatives desiring to be heard in each of the above hearings . Written comments may also be submitted prior to the conclusion of the subject hearing. For more information , please call 765-1809. Dated : July 17 , 1986 . BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P . _GOEHRINGER , CHAIRMAN --------------------------------------------------•---------------x ATTENTION NEWSPAPERS : Please publish Thursday , July 31 , 1986 and forward two affidavits of publication on or before August 5th to : Board of Appeals , Main Road , Southold , NY 11971 . ------------------.-----------------------------------------------x Copies to the following 7/28/86 : Personal Delivery: Suffolk Times , Inc . L . I . Traveler-Watchman , Inc . By Hand : Henry Raynor for Thomas Shalvey By Mail : Re : M . Herbert Mrs : Patricia C . Moore , Rudolph H . Bruer Law Office , Southold , NY 11971 / Mr. Richard 0. Kunst , 1745 Harbor Lane , Cutchogue for GEORGE AND PAT BROWN . Mr. and Mrs . George Brown , 150 Briarwood Lane , Cutchogue , NY 11935 Anthony B. To-hill Esq . as Attorney for Mr. and Mrs . William Heins Mr.., and Mrs . Arthur Burns * Mr . 'and Mrs . William Heins , Main Road, Orient NY 11957 Mr. and Mrs . William LaMorte -and NF Friends ofi K. Tuthill Mr : and Mrs . Arthur Burns , ' 3525 Private Road #13 , Mattituck , NY 11952 Mr. J . Douglas' Peix , 208 Fifth Avenue, New York , NY 10010 for RACZ Gail ,.Dessimoz 'and Michael,. Racz, 208 Fifth Avenue , New York , NY 10010 Charles Matthews , Esq . , Box 800 , Huntington , NY 11743 Abigail A. Wickham, Esq . as Attorney for Mr. and, Mrs . Raymo.nd T. Goodwin Mr. :and Mrs . John Bredemeyer ' Mr. and Mrs . John J . Newman Philip ,J,.� Cardinale , Esq.. Re : Johnston (Bokina) Michael J . Hall , Esq . as Attorney for Becky Johnston Stephen .R. Angel , Eso Attorney for Stephen Shilowitz Lawrence Storm, Eso torney for R. Strong and .others Mr . and Mrs : Roberl , , Woodmere address i y •Ln Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 JUDITH T.TERRY TELEPHONE TOWN CLERK (516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 24 , 1986 To : Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No . 3539 application of Michael Herbert for a special exception. Also included is Short Environmental Assessment Form; letter relative to N.Y. S . Tidal Wetlands Land-Use; copy of CO issued by Building Department; and Notice to Adjacent Property Owner. Judith T. Terry Southold Town Clerk TOWN OF SOUTIIOLD C;E OF BUILDING INS1'EUJ'0L,, ^ TOWN BALL SOUTHOLD, NEW YOItIC CERTIFICATE OF OCCUPANCY NONCONFORMING PR1:MISES TIiIS IS TO CERTIFY that the Lind Pre C.O. #- Z13944 Building(s) Date- Oct. 18 , 1985 Use(s) located at 75 Pike St. Mattitu ck Stgeet llainlet shown on County tax rnrxp as District 1000, Section 140 Block 02 Lot 023 does(n4)conform to the present Building Zone Code of the Town of Southold for th6 following reasons: Insufficient total area. Insufficient side yard set-back. On the basis of info mation presented to the Building Inspector's Office, it has been determined that the above no _ —nconforrning /x/ Land / / Building(s) /_/Use(s) existed .on.th4 effective date the present Building Zone Code of the . t Town of Southold, and nlay be continued pursuant to and subject to the appli.-..1 . .,:.. , 17 ftl cable provisions of said 'Code. e IT IS FURTHER CERTIFIED that, based upon information presented to the Building Inspector's ffice, the occupancy and use for which this Certifi s cate is issued is as follovs: Propertycontains a _ two story, one- fam- ily, wood framed dwe ling with attached porches; an accessory gar- age with attached shed. Property also has split rail fencing _ along parts of east �ide line . Property situated in the A-Res.iden- tial-A r -cultural Zone with access to Pike St. , a Town maintained road i i t The Certificate is issued to PENNY, JANINA -les�e�.o�_tensu�t) of the aforesaid building. (-owner, Suffolk County Department of Ilealth Approval N/A �T. UNDERWRITERS CERTI JICATE NO. N/A NOTICE IS IIERE-BY GIVEN that the owner of the above Premises MAS NOT CONSENTED TO ANC INSI'ECTION of the premises by the Building Inspec- for to determine if the pr raises comply with all applicable codes and ordin- ances, other than the Building Zone Code, and therefore, no such inspection has been conducted. Thi Certificate, therefore, does not, and is not intended mrs s comply with all other applicable codes and regula- to certify that the I�r•etions. y CA Building inspector ----� w q - The N. Y . S , f:nvironmentaf QUaIity R0view Act require, cub- mission of t form, and an environmen review will be made .by this lard before any action is ...,ken . ` SPORT ENVIROMMMITAL ASSF:,!3'"E.1T FCP'•j ,',.� ','. ,• �,:.`' Ii1 STA1'CT'_C'.S: • � (a) In order' is '•` to answer the questions in this short EAF is is assur-ed1t' Lhn preparer will use currently, available infor.-.,aticn concerning the project and •he ';�;`,""•:: 'likely impacts of the actions It is not expected that additional studie- roeearctl;' .}:.;; ether iuves tions ' L1aa will be undertaken. :.,,- :,; ' ,;•!LL .yl,. (b) If any question has been answered Yes the M1f tam v project Y be ai significant and d Ea `ete n lrcru"antal Assessment Form is necessa y � .l' .i••,.•'}��' ;1•: ire .i. . .. •'i:� :�' �;ti�•�'•':-.,.1,:=� (c) If all questions have been answered No i' s q 1 likely that this pro ' t,.:. -`nc- significant. P ject is ";• is ;r d - 'Environmental ire•r. tal Asses •�r'.'f: sr:ent =f�'.,, :s,•r: ':iWill project result in a large h sical cknn a 5a to the ro�ect site o p Y g .�• P ., r hyaicall alter �'.1•i= ,i= P Y more r: o the n 10 acres o a t'; f land? . • lea .:,,,`:, i 2. Will there be a 'rya jor change to any •:�. " ' land form g / unique or unusual la rm found on the site? . Yo s Ho 3• Will project alter or have a large effect on - .;::, an existin bod , �.- g y of water? . !io• _ :�{c., �;':•. - :. .:.. .. Yes •r:: . :;���',?. 4. Will project have a potentially largo i �m c>J on groundwater quality? • • • • • • • '' _ ,, • • . . . Yes NO Will pro ;*,;;i•:;a; `� �• ject significantly •affect drainage flaw on adjacent sites? Y03 No 6. Will project affect any threatened or endangered plant or ani.:al species? Yes �,.N ;ia;' • 7• L11 project result in a major adverse effect on � :r s _:.,;•. air •alit ? �.. .;..v.., !io Will project have a -. P ,j major effect on visual char- t' seer of the co=unity or scenic views or vistas known to be important to"t o P h community? Yes Rio } .. ;. 9• Will project adversely y P � y ir.:pact an site or struct- ure `.�•'}; �1 �;: ure of historic, pro-historic,, or paloontologicul importance or any site doeigratod ae a critical environmental area by a local agency? . Yea 1/ NO'. 10• Will project have a major effect on existing or future recreational opportunitios? Yes `' !io 11. Will project result in major traffic problems or cause a major effect to existing transportaticn _• system3? • • • • • • • • • • • . Yes !iQ 12. 'dill project regularly, cause objectionable odors, noise, glare, vibration, or electrical disturb- ance an a result of the project' , operation? yes .ro 1)• Will project have any impact on public health or , safety' • • • • • . • • • • • . Yes 1L. Will project sffect the existing community by directly caaisin4 a 91'cwth in permanent popiila- ticn of more than 5 percent over a one-year / period or have a major negative effccc on the character of tze cocmuni•y ;r r.e1,4hborhoed? . Yes t:o 15. Is there publ 0n',r:v sy cncern:np, the project, Yee !10 °:T��Sc:7TI::C: i 1 TITL�: (Today Is Date) To: Southold Town Board of lnpeals Main Road Southold, DIY 11971 Re: Aoneal Apnlication of Location of Property: _ Dear Sires : In reference to the New York State Tidal Wetlands Land-Uz Regulations, 6 t4YCR , Part 661, and Article 25 of the He:•i York State. Environmental Conservation Law, please be advised that t. subject property in the within appeal applicatio:h : (plcasc ch(_ck ape box) l May be located Within 300 feet of tidal wetlancl� hrvit-2ver, constructed along, the water-lyinq edco of this property is a bulkhead in very goc)d condition and at least 100 .feet- in length. * ( ] Mail be located within 300 feet Of: tidal wetlands ho,aever, constructed along the water-lyi:,g edge of this property is a bul head in need o- (m;r.or (major) repairs, and approximately Feet in length. . I ] May be located within 300 feet Of tidal wetlands; however, constructed along the water-lying edge- of this nrOper�y i� a bur}:�:ead less than 100 Feet in length. l May be looted Within 300 feet of tidal wetiancz ; and there is no bul;clhead or conccret:.' sqall e::is-.�:z 'Is the premises . ( Is not located within 300 feet of tidal wetlands to the best of my knoc•11edre . tarred items irhdiC,-ILC your property doe. not appear to tall within the jurisdiction of the tJ .Y.S . D. C. C. sincerely your, (SL,J;1aC,Uri2 ploasi ) NOTE: If proposed projcct fills WiL11-in D.E.C. jurisdiction , approval must be received and sul;mitted to our office before Your application can be �;ctreduled Eor a public :rearing. BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of Michael Herbert NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 795 Pike Street, Mattituck r 3. That the property which is the subject of such Petition is located in the following zoning district: A - residential/agricultural 4. That by such Petition, the undersigned will request the following relief: a special exception from the Zoning Board of Appels for a "Bed and Breakfast" facility. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article 111 Section 100-30B [ ] 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) 7�5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices;that you or your representative have the right to appear and be heard at such hearing. Dated: July 22, 1986 Petitioner Attorifey for Petitioner Owners ' Names : Michael Herbert Post Office Address Main Road, P. 0. Box 1466 Southold, New York 11971 (Tel . 516-765-1222 ) PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS Estate of Frances Gildersleeve c/o James A. Gildersleeve Mattituck, N.Y. 11952 Mr. and Mrs. John Keogh Pike Street Mattituck, N.Y. 11952 ' r ,V STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss.: Patricia C. Moore residing at 370 Terry La. , Southold, New York 11971 , being duly sworn, deposes and says that on the f day. of July , 19 86 , deponent mailed a true copy of the Notice set forth on fhe re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names;that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current`assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at Southold, New York ; that said Notices were mailed to each of said persons by (certified) (registered) mail. ���� Patricia C. Moore Sworn to before me this day of ly OE 19 6 Not ry Public RUDOLPH H.BRUER NOTARY PUBLIC,State of New York No.52-0465530 Qualified in Suffolk County Commission Expires March 30,1987 (This side does not have to be completed on form transmitted to adjoining property owners . ) 9 I1 �ISSo��/ op c lu {\ , `4} K \ � I v r-- U 24' 110 �orcr �o y(" 7 i - �A-7"/�/ I To Wickham Ave, OA7 2._3 h/ til- �f I � _ )/n/i,vc oo/S-/ ,G / ✓11/6 ,.ice o o 'Al E; E I r t o OCR/�' l I r G7/"./ D .C_ 111A Al JOB NAME: � I I I . -� �.,. �.S TS LOCATION. r` y a � SCALE: / DATE: r INC 7 - 96- -