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HomeMy WebLinkAbout3924 & 3539 a 1 APPEALS BOARD MEMBERS ��-LMf k SCOTT L.HARRIS r✓ � '�, Supervisor Chairman Gerard P.Goehringer, -7„A. 2� Charles Grigonis,Jr. .- .4 Town Hall,53095 Main Road Serge Doyen,Jr. :.:7", ;; _ N P.O.Box 1179 James Dinizio,Jr. `'" ',' ."r' `t c, Southold,New York 11971 Robert A.Villa 's 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 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. •i Page 2 - Ref. Appl. 3924 and 3539 Matter of MICHAEL hist ERT Decision Rendered September 26, 1991 3 . This application is being made pursuant to Conditions No. land 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 o€fice'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 (80,000 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. r Page 3 - Ref: App.i. 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 occupany 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. GERARD P. GOEHR NGER, C RMAN APPEALS BOARD MEMBERS SCOTT L.HARRIS Supervisor Gerard P.Goehringer,Chairman Charles Gri onis Jr. g Town Hall,53095 Main Road Serge Doyen,Jr. >' "' K ! _; Z g Y 4 r., P.O.Box 1179 James Dinizio,Jr. ' 4 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 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 matters will be held for public hearings before the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, 53095 Main Road, Southold, NY 11971, on THURSDAY, SEPTEMBER 26,_ 1991, commencing at the times specified below:- (1) 7 : 30 p.m. Appl. No. 4054 - WILLIAM A. HANDS, JR. Variance to the Zoning Ordinance, Article X, Section 100-102 (and Article XXIV, Section 100-242A) for permission to construct addition at the rear of existing principal building with a reduced easterly side yard setback and with an increase of the degree of setback nonconformance. Zone District: General Business-B. Location of Property: 24375 Main Road, Orient, NY; County Tax Map District 1000, Section 18, Block 2, Lot 32 . ( 2) 7 : 35 p.m. Appl. No. 4049. MR. AND MRS. JOSEPH CARPENITO. Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct garage addition with insufficient front and side yard setbacks. The subject parcel is known as Lot 177 of Gardiners Bay Estates, Section Three, is t Rage 2 - Legal Not Hearings for SeptE;;war 26, 1991 Southold Town Board of Appeals substandard in size, and is located in the R-40 Zone District. Location of Property: 170 Dogwood Lane, East Marion; County Tax Map No. 1000-38-5-5. ( 3) 7:38 p.m. Appl. No. 4053 - DOUGLAS MORRIS. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4B for permission to construct deck and step area within 75 feet of the bulkhead along Pipes Cove. The subject premises is referred to as (combined) Lot Numbers 24 & 25 and is substandard in size. Location of Property: 1665 Shore Drive, Greenport, NY; County Tax Map No. 1000-47-2-30. (4) ' 7:40 p.m. Appl. No. 4052 - JOHN AND EVELYN KEATING. Variance to the Zoning Ordinance, Article XXVIII, Section 100-281A(7) and Article XXIV, Section 100-244, for approval of lot which is nonconforming and has not been held in single and separate ownership since 1957, and upon which is proposed the removal of the existing dwelling. A new dwelling structure will be applied for in the future to locate a dwelling which shall not be closer than 45 feet as restricted by Appeal No. 3703 rendered June 2, 1988. Total lot area is substandard at 22,137 sq. ft. in this R-40 Zone District. Location of Property: 19995 Soundview Avenue, Southold, NY; County Tax Map Parcel No. 1000-51-4-6. (5) 7: 45 p.m. Appl. No. 4051 - WILLIAM AND JOAN FISHLINGER. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4B for permission to construct decks and steps between rear of existing dwelling and existing bulkhead. Parcel is conforming as to lot size in this R-40 Zone District. Location of Property: 1935 Pine Tree Road, Cutchogue, NY; County Tax Map No. 1000-98-1-11. 1. ( 6) 7: 48 p.m. Re: Appl. No. 3539. MICHAEL HERBERT. Application withdrawing Z.B.A. determination rendered September 11, 1986 concerning a Special Exception to the Zoning Ordinance involving the establishment of a Bed and Breakfast. Subsequent to-the Bed and Breakfast, the applicant received Special Exception approval rendered March 29, 1990 for two apartments, other than the owner-occupied manager's quarters, with conditions. 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 No. 1000-140-2-23 . ( 7) 7:50 p.m. Appl. No. 4056 - CONSTANTINOS MARKOTSIS. Variance to the Zoning Ordinance, Article XXIII, Section 100-239. 4(B) for approval of screen-enclosed deck addition at less than the required 75 feet of the bulkhead. The subject premises is substandard in size and is located in the R-40 Zone District. Location of Property: Corner of the south side of Main Bayview Road and the east iside of Williamsburg Drive (private road) , Southold, NY; County Tax Map Parcel No. 1000-78-5-12. ( 8) 8: 00 p.m. Appl. No. 4008 - ALEX HOMAYUNI and CHARLES KAPOTES. (Reconvened from March 22, 1991) . Variances to the Zoning Ordinance, Article XXIV, Section 100-244B and Section 100-243A for permission to construct additions and accessory building: (1) exceeding the maximum lot coverage requirement for all structures/buildings, ( 2) increasing or enlarging, and reconstructing the existing nonconforming two-family building. (Nonconformities of the subject premises are: lot area, both front yards, and two-family use in this R-40 Zone District. ) Location of Property: Corner of Goldin Avenue and the south side of Soundview Avenue, Southold, NY; County Tax Map No. 1000-135-2-22, 16, 17, 18, 19, (all as one tract of land for purposes of zoning) . ( 9) 8:10 p.m. Appl. No. 4050 - RICHARD MULLEN, _JR. Variance to the Zoning Ordinance, Article X, Section 100-101C, for approval of two concrete vehicle-display pads located in the northerly front yard area, and/or clarification of ZBA Appl. Nos. 3675 and 3674 as to whether or not Condition No. 2 of the November 18, 1987 decision intended to prohibit just parking of vehicles in front of outside display area. Location of Property: Corner of Cottage Place and the south side of the Main Road, Southold, NY; County Tax Map No. 1000-62-3-20 and 19 (combined as one lot for purposes of zoning and planning for the existing use) . ( 10) 8:15 p.m. Appl. No. 4055 - ARTHUR TRUCKENBRODT. Variance to the Zoning Ordinance, Article III, Section 100-33 , and Article XXIV, Section 100-242, for approval of an addition to existing dwelling with a reduced rear yard setback, and of an accessory shed located in the side yard area. Parcel is substandard in size and is located in the R-80 Zone District. Location of Property: along the westerly side of a private right-of-way known as Deidrick Lane, Orient, NY; County Tax Map No. 1000-18-03-27. The Board of Appeals .will at said time and place hear any and all persons or representatives desiring to be heard in the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated. For more information, please call 765-1809. Dated: September 12, 1991. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski ---------------------------------------------------------------x TO: Times-Review Delivered 9/ /91 L.I. Traveler-Wdtchman For Publication f TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE ....!.:..........d..�. ... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) ... iCria�?csd-.... ...: �h: .............of ..... �iS.... .�liYt=...... ......................... Name of Appellant Street and Number ryl.-`�.%:.r:::.`-' �:.,�........................�� ���-................ °'r/.:: ..........HEREBY APPEAL TO Municipality Stage THE ZONING. BOARD OF APPEALS FROM iE-DELI=SIGN OF-TME BUI=L-'3T1,;IG INsi E TOR QONA). K a DATED .........................7 .- �'....................... APPLICATION FOR PERMIT NO. .•••••-••4i•.-•• -•--•------•-•• Wh4EF�!E-BY-TH`E-B•U;I•LD'i-NG I•NShEC—TrJR DENi:ED TCQ. _.........................? a...... Name of Applicant for permit of Street and Number Municipality State ( ) `PERMIT TO USE ( � PERMIT FOR OCCUPANCY LOCATION OF THE PROPERTY . ��1. ...k�l' ... .v.'-VT .--- l. •• •••••••"""""' Street /Hamlet / Use District on Zoning Map District 1000 Sectio► LJO Block ' Lot h ..... ........ ............... ........................I Current Owner Map. ..........................L No. - c ot No. Prior Owner u 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 Section 3. TYPE. OF APPEAL Appeal is made herewith for (please check appropriate box) ( ) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws ,( Art. 16 Sec. 280A Subsection 3 v 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision of the Building Inspector or with respect to this property.- Such Appeal was (✓j request for a special permit ( ) request for a variance S '+ :. .:.b3. ...................................... and was made in Appeal No. ...............,...............Dated.:....... . REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 C ) A Variance to the Zoning Ordinance (e✓) is requested for the reason that Form zn1 (Continue on other side) 1 �S r 1 REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would "produce practical difficulties or unneces- sary HARDSHIP-because � Af ° c4 ;motvvu) .. _ = 0 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 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because G STATE OF NEW YORK ) � - ss .................... (.A�. ..... .... COUNTY OF ) Signature Sworn to this ................6.......................... day of... . . ..... ...... ........ 19q/ ..... '.. ........................ Notary Public HELENE D.HORNE Notary Public,State of New York No.4951364 Qualified in Suffolk County COM ission Expires May 22, 19 �•1 �•• e. ll I 4 :l1, t R` ]� L -_ - �. �{'r y7Jt� I,"�. T0WNZF.:S®UTHOL' ®PERTY. RECORD CARD 'I• ::2 9 w ✓NER - STREET VILLAGE DIST. SUB. . ' LOTj y y;- .F .l'�.f Al RMER OWNER N r: . 51: 'ACR.= .,;,; .c:` _ j ,, t: a^. - __ _ - __ vim' � _ _ _ - -� _.. . .� _ •;=1..._ _ _ S W .. TYPE OF BUILDING IL SEAS. _ VL. FARM C MM. CB. MICS. Mkt. Value AND. _ _ : : IMP. TOTAL / DATE _ REMARKS !, D:_i:l,..__ _- •� L'}t4.'�- ��, Cr• � �� � �'--! -�=f 9- :.i° .�: �. 01 _�;>;;`•,� �� � .r--'_- �-- -. i j Y�.- -. - .- -- - , - -� 'i, 7760 - - 7�P, 'rehear, Alters c�� J�� �e A AGE'� � BUILDING CONDITION -;..- `;< . 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HARRIS Supervisor Gerard P: Goehringer, Chairman ;? -., \. ✓" ' „•, Charles Grigonis, Jr. = ?� Town Hall, 53095 Main Road Serge Doyen, Jr. -%'' P.O. Box 1179..:' Southold, New York 11971 James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823 Robert A. Villa 7TOWN OF SOUTHOLD Telephone (516) 765-•1800 Telephone (516) 65-1-1809 p 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 Special Exception , Article Section Special Permit —X Appeal withdrawing ZBA determination 9/11/86. #3539SE Appeal No - : 3539S•EAPPlicant : Michael Herbert Location of Affected Land : 795 Pike Street. Mattituck County Tax Map Item No . : 1000- 140-2-23 Within 500 feet of: Town or Village Boundary Line Body of Water (Bay , Sound or Estuary ) X __ 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 withdraw ZBA determination under Aool #3539 9/11/86 involving Bed & Breakfast. Copies of Town file and related documents enclosed for your review. Da ted : October 24 , 1991 A. 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 occupany 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. GERARD P. GOEHR NGER, C RMAN WD T STD -PILE D ,� GUTHQLD TQz v i j Ci DAB ���/f� ,F'TOT'r�� TQWJI CIerl, Towl' oif So utI;t,; .4 APPEALS BOARD MEMBERS SCOTT L.HARRIS Supervisor Gerard P.Goehringer,Chairman r; Charles Grigonis,Jr. -- ,'; � �-, r: '� Town Hall,53095 Main Road Serge Doyen,Jr. P.O.Box 1179 James Dinizio,Jr. Southold,New York 11971 Robert A.Villa Fax(516)765-1823 Telephone(516)765-1809 mac` = Telephone(516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD October 24-, 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 r Page 9 - Appl . No. 3539 Michael Herbert Hearing Transcript of September 26, 1991 Appl . No. 3539 - MICHAEL HERBERT The Hearing opened at &.00 p.m. The Chairman read the legal notice for the record and application before receiving testimony. CHAIRMAN: I have copy of sketch of original plan which shows the house that has been there for many, many years with really no difference in either situation of the special permits and I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Michael , would you like to say something for the record? MICHAEL HERBERT: Nothing other than to say that the apartments worked out very well . I thank you. CHAIRMAN: No complaints from the neighbors. MICHAEL HERBERT: None whatsoever. CHAIRMAN: I thank you. Anyone else who would like to speak in favor of this apllication. Anyone against the application. I make a motion withdrawing the original Bed and Breakfast application. ALL IN FAVOR. AYE. Appl . No. 4056 - CONSTANTINOS MARKOTSIS The Hearing opened at 8:00 p.m. The Chairman read the legal notice for the record and application before receiving testimony. CHAIRMAN: The plan from Proper T Services by James E. Fitzgerald, Jr. , August 14, 1991 indicating a one story frame house approximately 20' from the right of way which is Williamsburg Road and the nature of this application is a completed or nearly completed proposed covered deck which lacks the roof area but the timbers are up. When I s.ay the roof area I am referring to the fiberglass roofing except for one or two pieces which is at its closest point 71'2" to the steps or 74'2" to the existing, it appears to be property line. I apologize, the bulkhead and I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Mr. Fitzgerald. HOw are you tonight sir. Page 20 - Appl . No . 4055 __Arthur Truckenbrodt Hearing Transcript of September 26 , 1991 CHAIRMAN : I really can ' t answer that. BOARD ASSISTANT L . KOWALSKI : There is a violation on the pro- perty. CHAIRMAN : There is a violation on the property. The applicant is seeking to rectify that violation by the nature of this application , I assume . MEMBER: It seems you got the cart before the horse . BOARD ASSISTANT L . KOWALSKI : When was it built? CHAIRMAN : Do we have any idea when it was built. MR. BOYD : It. was begun this Spring some time . I don ' t know exactly when the violation notice was put on it. I agree it is the cart before the horse . I apologize for it but I wasn ' t there . I had nothing to do with that aspect . Certainly if he came to me I would have suggested it be done the other way around. Again , if clients always follow things I told them , I would be out of business pretty soon . CHAIRMAN : Thank you again . Hearing no further comment , I make a motion closing the hearing and reserving decision until later. ALL IN FAVOR : AYE. Theresa Reilly (Prepared from tape recording) f 1 A D �+YGe USN Y,y4""��K��Fy''-J 6Rca pY SPA-C Ci n/ x a jale- ell I o=1rcti pipe c K k t 124 y K K 0.42 N 2(.2..44+o Wickham Ave. - 1/sir/e-! lO�D,-:Secf�ci) /y'c� Fjlcc.0 2 LGf 23. � � � • .. . APPEALS BOARD MEMBERS <� . ` a + ; '"'� • SCOTT L. HARRIS Supervisor Gerard P. Goehringer, Chairman �- Charles Grigonis, Jr. -:; � Town Hall, 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 Joseph H. Sawicki Southold, New York 11971 James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 ACTION OF THE BOARD OF APPEALS Appl. No. 3924 Matter of MICHAEL HERBERT. Special Exception to the Zoning Ordinance, Article IX, Section 100-91 (B) , for change of use from a Bed and Breakfast to a three family dwelling in this Hamlet Business (HB) District. Property Location: 795 Pike Street, Mattituck, County Tax Map No. 1000, Section 140, Block 2, Lot 23. WHEREAS, a public hearing was held and concluded on March 15, 1990 in the matter of the Application of MICHAEL HERBERT, under Appeal No. 3924; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; 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. This is an application for a Special Exception from the Zoning Code Article IX, Section 100-91 B 4, permission for change of use from a Bed and Breakfast to a three family dwelling. y R l • Page 2 - Appl. No. 3924 Matter of MICHAEL HERBERT i Decision rendered March 29, 1990 3. Article IX, Section 100-91 B 4 of the Zoning Code, Uses permitted by special exception by the Board of Appeals, the following uses are permitted as a special exception by the Board of Appeals as hereinafter provided, subject to site plan approval by the Planning Board: ( 4) Apartments may be permitted over retail stores and business professional and governmental offices, subject to the following requirements: 4. The subject premises consists of a total area of approximately one-half acre with 85+- ft. frontage along Pike street and an average lot depth of 239 +- feet, and improved with the following structures: (a) a two-story framed, single- family dwelling, having setback of 39+- ft. from its front property line and sideyards of 26 feet and 34 feet, and. (b) an accessory garage located in the rearyard area with an insufficient setback of one foot, more or less, from the easterly side property line. 5. It is further noted for the record that a use variance under Appeal No. 3472 was denied without prejudice on May 28, 1986, also noted is a application for a Special Exception under Appeal No. 3539 was approved conditionally on September 11, 1986. 6. In considering this application, the Board finds and determines: (a) the proposed use will not prevent the orderly and reasonable use of adjacent properties or of properties in the adjacent use districts; (b) the use will not adversely affect the safety, welfare, comfort, convenience and/or order of the Town; (c) that in carefully considering the record and all the above factors, the interests of justice will be served by granting the Special Exception, as applied conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, .it was Page 3 - Appl. No. 3924 Matter of MICHAEL HERBERT Decision rendered March 29, 1990 RESOLVED, to GRANT a Special Exception in the matter of the application of MICHAEL HERBERT, under Appeal No. 3924, SUBJECT TO THE FOLLOWING CONDITIONS: �/1 . That the Bed and Breakfast be withdrawn before permit commences on or about September 15, 1990, but not later than October 1, 1990. 2. The applicant must submit specific plans and specifications to the Building Department for its review, to any alterations internal and external to the dwelling, and to comply with Building Codes to include N.Y.S. Fire Code. 3 . That applicant be granted two (2) apartments other than the manager' s quarters, which is to be owner occupied. - 4. If this applicant or any subsequent applicants choose not to withdraw said Bed and Breakfast permit, the decision made by the Board on March 29, 1990 becomes null and void by December 31, . 1990 . df GERARD P. GOEHRING , CHAIRMAN - t o � V3 SoutholdTown ®a oAppeals 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] j ] Request-for Variance to the Zoning Ordinance Article Section . . . . . . . . . . . . ] . . Request. for Appli-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 th'an' 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 concluded 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 740 , Block 2 , Lot 23 .. 2. : The subject premises consists of a total area of approximately one-hal.f. .acre with 85± ft ._-. frontage along Pike Street and an average•. lot depth of .238± feet , and is improved with the following structures : (a ) a two.-story framed , single- family dwe.1-1 i ng s.hown on survey dated October -9 , 1 985 , having a. setback of.. 39± feet from its front property line ..and sideyards 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. ' ''-/81) Page 2 - Appeal No . .,.,.J9-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_ .pre.mises .to the north is the Long Island Railroad ; north of the Railroad are premises located in the "C-Light Industrial " he 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" , "M- 111 , " B" , " B- 111 , " C" , and "C-l " 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 . Goehrin.ger , 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 gas u y adopted . GERARD P . GOEHR N E I M lk September 14 , 1986 r NOTICE OF HEARINGS 7:40 p.m. Appl. No. 4052- ' Bed and Breakfast, the appli- 8:10 p.m. Appl. No. 4050 JOHN AND EVELYN cant received Special Exception RICHARD MULLEN. JR. NOTICE IS HEREBY GIV- KEATING.Variance to the Zon- approval rendered March 29, Variance to the Zoning Or- EN,pursuant to Section 267 of ing Ordinance,Article XXVIII, 1990,for two apartments,other dinance, Article X, Section The Town Law and the Code of Section 100-281A(7)and Article than the owner-occupied 100-101C, for approval of two. the Town of Southold, the XXIV,Section 100-244, for ap- _ manager's quarters,with cond' concrete vehicle-display pads proval of lot which is noncon- tions. This application located in the northerly front following matters will be held pp ication is I forming and has not been held pursuant to Condition No. yard area, and/or clarification for public hearings before the in single and separate ownership the March 29 1990.-Z. of ZBA Appl. Nos. 3675 and SOUTHOLD TOWN BOARD since 1957 and upon which is PP OF APPEALS at the Southold p determination. The su 3674 as to whether or not Con- Town Hall, 53095 Main Road, Proposed the removal of the ex- premises is located in dition No. 2 of the November- isting dwelling.A new dwelling Hamlet-Business , Southold, NY 11971, on (HB) 18 1987 decision intended to structure will be applied for in ' District and is substandar prohibit just parking of vehicles THURSDAY,SEPTEMBER 26, j P g the future to locate a dwelling size. Location of 1991, commencing at the times Property: in front of outside display area. specified below: which shall not be closer than 45 Pike Street, Mattituck, Location of Property:Corner of 7:30 p.m. Appl. No. 4054- feet as restricted by Appeal No. County Tax Map Cottage Place and the south side WILLIAM A. HANDS, JR., 3703 rendered June 2, 1988. 1000-140-2-23. of the Main Road, Southold, Variance to the Zoning Or-. Total lot area is substandard at 7:50 p.m. Appl. No. 4 NY; County Tax Map No. 22,137 sq. ft. in this R-40 Zone CONSTANTINOS MARKOT 1000-62-3-20 and 19 combined 10-10dinance,( Article X, Section District. Location of Property: SIS.Variance to the Zoning Or- as one lot for purposes of zon- 100-102(and Article XXIV,Sec- g P P tion 100-242A)for permission to 19995 Soundview Avenue, dinance,Article XXIII,Section ing•and planning for the existing construct addition at the rear of Southold,NY,County Tax Map 100-239.4(B) for approval of use). Parcel No. 1000-51-4-6. screen-enclosed deck addition at 8:15 m. Appl. No: 4055- existing principal building with P• PP 7:45 p.m. Appl. No. 4051- less than the required 75 feet of ARTHUR TRUCKENBRODT.- a reduced easterly side yard set- q back and with an increase of the W ILLIAM AND JOAN the bulkhead. The subject Variance to the Zoning Or-- degree of setback nonconfor- P FISHLINGER.Variance to the remises is substandard in size dinance, Article III, Section mance. Zone District: General Zoning Ordinance, Article and is located in the R-40 Zone 100-33,and Article XXIV,Sec- XXIII, Section 100-239.4B for District. Location of Pro tion 100-242,for approval of an. Business-B.Location of Proper- Property: ty: 24375 Main Road, Orient, permission to construct decks Corner of the south side of addition to existing dwelling NY; County Tax Map District and steps between rear of ex- Main Bayview,Road and the With a reduced rear yard set-, fisting dwelling and existing east side of Williamsburg Drive ; back,and of an accessory shed+✓` 1000, Section 18, Block 2, Lot g 32 located in the side yard area.bulkhead.Parcel is conforming (private road), Southold, NY; Y 7:35 p.m. Appl. No. 4049- as to lot size in this R-40 Zone Count 'Pax Ma Parcel is substandard in size and 1,1 Y p Parcel No.District. Location of Property: 1000-78-5-12. is located in the R 80 Zone. MR. AND MRS. JOSEPH __ 1935 Pine Tree Road, Cut- 8.00 m. District. Location of Property: CARPENITO...Variance to the P• Appl. No. 4008- along the westerly side of a chogue, NY; County Tax Map ALEX HOMAYUNI and Zoning Ordinance, Article III;' private right-of-way known as Section 100-32 for permission to' No. 1000-98-1-11.1. CHARLES KAPOTES. Deidrick Lane, Orient, NY; 7:48 p.m.Re:Appl.No.3539 ° Reconvened from March 22 construct garage addition with ( County Tax. Map No. . p- 1991 . Variances to the Zoning insufficient front MICHAEL HERBERT A and side yard' ) g 1000-18-03-27. A plication withdrawing Z.B. Ordinance Article XXIV setbacks. The subject parcel is , Sec- The Board of Appeals will at determination rendered tion 100-244B n known as Lot 177 of Gardiners and Sections said time and place hear any and September 110 1986 concerning 100-243A, for e Bay Estates, Section Three, is a Special Exception to the Zon- permission to _. all persons or representatives ' substandard in size, and is P P construct additions and ac- desiring to be heard in each of Y g: ( ) exceeding located in the R-40 Zone ing Ordinance involving the cessor building: 1 the above matters.Written com- District. Location of Property: establishment of a Bed and the maximum lot coverage ments may also be submitted 1 170 Dogwood Lane, East' q Breakfast. Subsequent to the urirement for all truc- prior to the conclusion of the hearing.Marion; County Tax Map No. tures/buildings,(2)increasing or subject g. Each hearing enlarging, and reconstructing will not start before the times 1000-38-.m. the existing nonconforming two- designated. For more informa- 7:38 p.m. Appl. No 4053- g g DOUGLAS MORRIS.Variance; family building. (Nonconfor- tion, please call 765-1809. to the Zoning Ordinance, Arti- mities of the subject premises Dated: September 12, 1991. are: lot area, both front BY ORDER OF THE cle XXIII, Section 100-239.4B yards SOUTHOLD TOWN for permission to construct deck and two-family use in this R 40 BOARD OF APPEALS and step area within 75 feet of Zone District.)Location of Pro- GERARD P. GOEHRINGER the bulkhead along Pipes Cove. perty:Corner of Goldin Avenue CHAIRMAN The subject premises is referred and south side of Soundview By: Linda Kowalski to as (combined) Lot Numbers Avenue,Southold,NY;County 1X-9/19/91(42) 24& 25 and is substandard in Tax Map No. 1000-135-2-22, 16, size Location of Property: 1665 17, 18, 19, (all as one tract of! _ land for purposes of zoning !`�\ ` � i ' I I "i.,% Shore Drive, Greenport, NY; P P g). � )-_.; �, County Tax Map No. 1000-47-2-30. I "I COUN-rY OF SUM 01= NEW YORK ss: Patricia Wood,' being duly sworn, says that she is the I_ditor, of 1'1-IE. LONG ISLAND TRAVELER-WATCHMAN, it 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. . . . . . . . . . . . . . . . . . . . . . l. . . . . weeks I � successively, commencing on the day 01' . . . . . � -< 19 . Sworn [o before me [his .:. . . . . . . . . . . . . . . . . . . . day of 19 . ... . . . . . . . . . . . . .G -�� 4­16 �. . . . . . Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, St^te of New York No. 4806846 Qualified in Suffolk Coynty Commission Expires F 31 NOTICE OF HEARINGS (6)7:48 p.m.Re:Appl.No. � NOTICE IS HEREBY GIVEN, MICHAEL HERBERT.Application STATE OF NEW YORK) pursuant to Section 267 of the Town withdrawing Z.B.A. determination )SS: RL"A POLWODA Law and the Code of the Town of rendered September 11, 1986 con- Notary Pubrr,State of New York Southold,the followingmatters will g p Exception COUNTY OF SUFFOLK) cemin a Special Ezce tton to the No.4982430 be held for public hearings before the Zoning Ordinance involving the Qualified in Suffolk County SOUTHOLD TOWN BOARD OF establishment of a Bed and Breakfast. Commission Ex;) '^r APPEALS at the Southold Town Subsequent to the Bed and Breakfast, 1wiltItUfiai�, in Hall, 53095 Main Road,Southold, the applicant received Special Excep said County, b ng duly sworn,says that he/she Is Principal NY 11971 on THURSDAY. tion approval rendered March 29, SEPTEMBER 26-1991-commencing 1990 for two apartments,other than Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, at the times speed below: the owner-occupied manager's quar- published at Mattituck, In the Town of Southold, County of (1)7:30 p.m. Appl. No. 4054 - ters,with conditions.This application WILLIAM A.HANDS,JR.Variance is made pursuant to Condition No. I Suffolk and State of New York,and that the Notice of which to the Zoning Ordinance,Article X, of the March 29, 1990 Z.B.A.We- the annexed is a printed copy,has been regula published in Section 100-102(and Article XXIV, termination.The subject premises is Section 100-242A)for permission to located in the Hamlet-Business (HB) said Newspaper once each week for I weeks construct addition to the rear of exist- Zone District and is substandard in s cessiveiy, commencing on the / v� day of ing principal building with a reduced size. Location of Property:795 Pike +�(.2 19 easterly side yard setback and with an,, Street,Mattituck,NY; County Tax increase of the degree of setback Map No.1000-140-2-23. / nonconformance.Zone District:Gen- (7)7:50 p.m. Appl. No. 4056 eml Business-B:Location of Proper- CONSTANTINOS MARKOTSIS. j ty:24375 Main Road,Orient,NY, Variance to the Zoning Ordinance, County Tax Map District 1000,Sec- Article XXIII,Section 100-239.4(g) ` C� lion 1 ,Block 2,Lot 32.. .. :_ for approval of screen-enclosed deck (2) :35 p.m.AppL No.4049.MR. addition at less than the requited 75 Principal Clerk AND S.JOSEPH CARPENPTO. feet of the bulkhead. The subject Vari ce to the Zoning Ordinance, premises is substandard in size and Article III,Section 100-32 for Penns- located in the R-40 Zone District;/ ' sion to construct garage addition with Location of Property: Comer of the ------ — __ insufficient front and side yard set- south side of Main Bayview Road and _ Sworn to before this o13 ^`' backs.The subject parcel is known ash c� the east side of Williamsburg Drive _ Lot 177 of Gardiners Bay Estates, (private toad),Southold,NY;County day of Section Three,is substandard in size, Tax Map Parcel No.1000-78-5-12. and is located in the R-40 Zone Dis- I (8) 8:00 p.m. Appl.No. 4009- `-17 J trict.Location of Property: 170 Dog- ALEX HOMAYUNI and CHARLES i wood Lane,East Marion;County Tax KAPOTES.(Reconvened from March. z Map No.1000-38-5-5. 22, 1991). Variances to the Zoning - (3)7:38 p.m. Appl.No. 4053 - Ordinance,Article XXIV,Section DOUGLAS MORRIS. Variance to 100-244B and Section 100-243A for the Zoning Ordinance,Article XXIIL. permission to construct additions and Section 100-2394B for permission to accessory building:(1)exceeding the construct deck and step area within 75 maximum lot coverage requirement feet of the bulkhead along Pipes for all structures/buildings, (2) (10) 8:15 p.m.Appl.No. 4055 - Cove. The subject premises is increasing or enlarging, and referred to as(combined)Lot Num- reconstructing the existing J` bers 24&25 and is substandard in nonconforming two-family building. ! ARTHUR TRUCKENBRODT,Vari- size. Location of Property: 1665 (Nonconformities of the subject ance to the Zoning Ordinance,Article Shore Drive,Greenport,NY;County premises are: lot area; �both fron,L III,Section 100-242,for approval of Tax Map No.1000 47-2-30. yards,and two-family use in this R- an addition to existing dwelling with (4)7:40 p.m. Appl.No. 4052 -' 40 Zone District.)Location-of Prop.- reduced rear yard setback,and of an JOHN AND EVELYN KEATINCIt� erty: Comer of Goldin Avenue and accessory shed located in the side Variance to the Zoning Ordinance, the south side of Soundview Avenue, yard area. Parcel is substandard in Article XXVIII,Section 100-281A(1) Southold,NY,County Tax Map No. -,': size and is located in the R-80 Zone and Article XXIV,Section 100-244, 1%0-135-2-229 16,17,19.19,(all as ' `' District.Location of Property:along for approval of lot which is noncon- one tract of land for purposes of zon- the westerly side of a private right-of forming and has not been held in sin- ing), way known as Deidric k Lane.Orient, gle and separate ownership.since (9) 8:10 p.m. Appl. 4050 - NY; County Tax Map No. 1000-18- 1957;and upon which is proposed the RICHARD MULLEN,JR. Variance 03-27. removal of the existing dwelling.A to the Zoning Ordinance,Article X, The Board of Appeals will at said new dwelling structure will be ap- Section 100-101C,for approval of time and place hear any and all per- plied for in the future to locate a two concrete vehicle-display pads sons or representatives desiring to be dwelling which shall not be closer located in the northerly front yar heard in the above matters.Written than 45 feet as restricted by Appeal area, and/or clarification of ZBA comments may also be submitte47--6 No. 3703 rendered June.2, 1988. Appl. Nos. 3675 and 3674 a's to prior to the conclusion of the subject Total lot area is substandard at 22,137 whether or not Condition No.2 of the hearing. Each hearing will not start sq. ft. in this R-40 Zone District. November 18,1987 decision intended before the times designated.For more Location of Property: 19995 Sound- to prohibit just parking of vehicles in information,please call 765-1809.' view Avenue,Southold,NY; County front of outside display area.Location Dated:September 12,1991. Tax Map Parcel No.1000-51-4.6. of property:Comer of Cottage Place BY ORDER OF THE (5)7:45 p.m. Appl.No. 4051 - o and the south side of the Main Road, SOUTHOLD i. WILLIAM AND JOAN FISH;/A, Southold,NY;County Tax Map No. TOWN BOARD OF APPEALS LINGER. Variance to the Zoning 1000-62-3-20 and 19(combined.as GERARD P.GOEHRINGER Ordinance, Article XXIII,Section one lot for purposes of zoning and CHAIRMAN 100-239.4B for permission to con- planning for the existing use). ' swct decks and steps between rear of existing dwelling and existing bulk- head.Parcel is conforming as to lot By Linda Kowalski size in this R-40 Zone District. Lo- 7159-1TS19 cation of Property: 1935 Pine Tree Road,Cutchogue,NY;County Tax _Map No.1000-98-1-11.1. d A Copies of legal notice for the September 26, 1991 hearings were mailed to the following 9/13/91: Mr. William A. Hands, Jr. 295 Willow Terrace Orient, NY 11957 Mr. Warren Sambach (picked up 9/13) P.O. Box 1033 7675 Cox Lane Cutchogue, NY 11935 Mr. Ernest Richter (Re: D. Morris) Richter Home Improvement Co. Box 112 515 Seventh Street. Greenport, NY 11944 William D. Moore, Esq. (Re: J. Keating) P.O. Box 23 Clause Commons, Suite 3 Mattituck, NY 11952 Mr. David Cichanowicz Creative Environmental Design P.O. Box 160 Peconic, NY 11958 /7r95 . Michael Herbert Pike Street Mattituck, NY 11952 Mr. James E. Fitzgerald, Jr. (Re: Markotsis) Proper-T Services P.O. Box 617 Cutchogue, NY 11935 Mr. Lawrence M. Feeley (Re: Homayuni & Kapotes) Ward Associates 1500 Lakeland Avenue Bohemia, NY 11716 Karen J. Hagen, Esq. (Re: Mullen Motors) Wickham, Wickham & Bressler, P.C. P.O. Box 1424 Mattituck, NY 11952 Edward J. Boyd V, Esq. (Re: Truckenbrodt) 54655 Main Road P.O. Box 1468 Southold, NY 11971 BOARD OF APPEALS, TOWN OF SOUTHOLD Y In the Matter or the Petition of 6._lCt Pam- rafd�aa'g' NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: PROPERTY OWNER r. VV 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] v 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: . ! 3. That the property which is the subject of such Petition is located in the following zoning district: 11'�.1. �tJ,; 4 That by such Petition,.the undersigned will request the following relief: v 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article 4• Section .,k IL&I 0,d [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the 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: Petitioner I I Owners Names : t saw •� Post Office AddressPace _ Tel . No . [Copy .-of sketch or plan showing proposal to be attached for co,nyenience purposes . ] do PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS z P 711 436 699 Certified Mail Receipt No Insurance Coverage Provided ® Do not use for International Mail UNIYEDSTATEs .,,.,SERVICE (See Reverse) S t t` SIV,eF P No. ®, , ` P.O.,State&ZIP Code Postage Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to Whom&Date Delivered r Return Receipt Showing to Whom, Date,&Address of Delivery ® TOTAL Post &Fees co Postm �t rrg M lL �• � ,,a - STATE OF NEW YORK ) ss.: COUNTY OFSUFFOLK ) residing at _ being duly sworn, deposes and says that on the day Of 19 a a' , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at �1 fl—ei` :_ �t✓"1, iti-°" _ that said Notices were''mailed to each of said persons by (certified) (registered) 'Mail. j r Sworn to,be ore me this day of J ,;n/ /, ,, 19 y I _-2 1� • / f Notary Public HELENE D.HORNE Notary Public,State of Now York No.4951364 Qualified in Suffolk County Commission Expires May 22,1 ( This side does not have to be completed on form transmitted to adjoining property owners . ) �p BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of MCIaA�4o 2- k9C,r+OL-r(_ NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: VKr 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) (Ott her)> (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: ��s .�iu-_r 3. That the property which is the subject ofsuch Petition is located in the following zoning district: AMP. G� C�`--A�316i a2'S`'(� �j 1�`1^G•C" ,. 4 That by such Petition.,the undersigned will request the following relief: �/L,�1'i-►n� r�e�. � r�1_ L-AA• f 4-,1- Q 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article -.5 Section a 0 o%- ",c­� ca,, -, -'ea- [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days,from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the 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. Q 9 I Petitioner / Owners Names : ICG�,�; � r IQ,o Post Office Address — �.t 1 L Tel . No . �SL� A- J��"�g�( [Copy . of sketch or plan showing proposal to be attached"fo,.r c0n:v1ence purposes . ] ;a; PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS f P C P 711 436 700 Certified Mail Receipt No Insurance Coverage Provided Do not use for International Mail UNREOSTATES (See Reverse) �.. P STALSERVICE I e'to Str No. P.o,State&ZIP Code cc Postage Certified Fee Special Delivery Fee B Restricted Delivery Fee Return Receipt Showing rn to Whom&Date Delivered rn T Return Receipt Showin to Whom, CD Date,&Address !6elerjr•.�_ TOTAL Post Jed, ® &Fees �A ® Postmark 't<D te• UV M d 1 � I - i STATE OF NEW YORK ) ss.: COUNTY OFSUFFOLK) residing at f a —�..:4-1!" being duly sworn, deposes and says that on the day of y%'— , 19 '� , deponent mailed a true copy of the Notice set forth on the re- -- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at XZI,:aZ that said Notices were,mailed to each of said persons by (certified) (registered) mail. ••P !/ R� `/�/.ter--`_ ,( Sworn to,.bgfore me this day of �d �D�� a�, 19 I Notary Public HELENE D.HORNE Notary Public,State of New York No.4951364 Qualified in Suffolk Courtttltyy a Commission Expires May,4.19 . (This side does not have to be completed on form transmitted to adjoining property owners . ) 4 O FORM N .�- � JUL 219 1991 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No Z19516 Date NOVEMBER 19, 1990 THIS CERTIFIES that the building CONVERT PRESENT DWELLING Location of Property 795 PIKE STREET MATTITUCK House No. Street Hamlet County Tax Map No. 1000 Section 140 Block 02 Lot 23 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated JUNE 18, 1990 pursuant to which Building Permit No. 19139Z dated JUNE 21, 1990 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is CONVERT PRESENT DWELLING INTO A THREE FAMILY DWELLING AS APPROVED BY Z.B.A. #3924. The certificate is issued to MICHAEL Z. HERBERT (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. N159307 NOV. 8, 1990 PLUMBERS CERTIFICATION DATED WALTER L. DOHM OCT. 25, 1990 Building Inspector Rev. 1/81 ♦tom� 1�\�>,��;' ./ -,i���,' :�'a � ;In,, ►a���l�1����A����4����_j mil '_ 1 �� 1�i��l� � Th►� � ,~ LS • �: 0 �, � M .IMMUNE L/.WI •I .' �i1�1WGt I�• I I + I j' ) I ��{y)��5 �� �r.�t, .. •� Y �. }��I����� IT�,y {, ,` 'i�r "IWFJ�4 � 1 � 11• .�Y°tip`�ti_ +�. ..w.. %e i 1,41W n1 \ 1p i :� � � y -t 9• \�to� v p ! u ' i\ In A, e; 4 •'' `� , • �, J ,p• _ 1 so - J 4 w� � �. ��` •ems .,, + e O At m Irit A � t 41 01 A. J o�6 -0 • 1 - � ice•/ J O yy ,�, 1 • 1, � 11 y. •aQ. J !\ y 0 d .,r r • PP\�.o�• i����! J . 9 i t N,n !r•1ni,1 At, 114-1.1 _ .. •�i eT1 , .1 1• •. rel.! u.ruerr neT r •� �" e`•.r8r r•u nru,1 le EETw .w SOUTHOLD •o;;;••W.. f��� � ,� � .••i.p�ll` ��r---14•••°»�lY__.N�-- rrerl.�lwly „� © COUNTY OF SUFF OLKe A_,-_-••�P•�l`---••—_ WOi•�V !r Real Property Tax Servicgency[VILLAGE OF I!—yI cennty Center Dlsr•ICTM.1000 I `_ u - ' e..�,� .. ._. + ® •Y,� •H,M 1[LLI Mrl/T Riverh d.1.I..N•v,Ynrk I ,.. 1 . I 40.-1 -13 C MA -GORMA..N....AARY . G 6f 140.-1-15.2 C PE ORLOWSKI PETER E & WF 1 ,OC r= LIS.-1- 19. 1 C RG MATTIYUCK PARK DIST - - -- --- 5.30 140.-1 -20 C KN NINE GLADYS G 50 CI'E'R THOMAS R & 34R - - 50 h 140.-1-22 C ! Z GIULIANO LOUIS A Z WF 140 140.-2-1 C KM BANNON DENNIS R & WF 6C 2-2 - - - -- - - - C LF SWIATOCHA FRANK J & WF 1C r.- 140.-2-3 C LY SWIATOCHA FRANK J & WF 4( f,0 2 4 - - ------ - ---C..-MR SUFFOLK COUNTY ----- - .._.. -------..... ...2 140.-2-5 C NK FOSTER CLARA A 4T- '--f40 2-6- - - - ---- --- C -00 STRONG-DAVID 8( 140.-2-7 C OW MILESKA THOMAS 7( 2-8..-..- _ _.. C PP K G BROWN MFG C0 1NC.... --- - --..... 6( 140.-2-9 C OI K G BROWN MFG CO INC 3,0! 14-0.=2-10.. -... - -- --- ----C Kl LOM-A'GA_ GEORGf.._&....WF -- -- - --- -_ 1 .0( 140.-2-11 C LE COHEN STEVEN F $ 5( ...0 ...----- ------------ ------------- 4( 140.-2-13 C MQ JESTER DAV.ID E_ & 41 --140.-2-14 --- - - ----- C NJ GROSSENBACHER ALFRED....J... --- 7( t 140.-2-15 C OC DOROSKI GARY & 8� 140.-2-17 C PO HAWKINS JESSE R 1 .61 140.-2-18 - - ------- C QH AMMIRATI FRANK._.._,. _._.W.F ... ----- -- 1 .4( 140.-2-19 C RA SHIP JOANNE G 2 ,5, 140.-2-2 0 - -- --------------- _C..__L D -C O S T-E L L O---F R A N K ­& W F ---- ------- 5( 140.-2-21 C LW CAVEN EDWARD & WF 1 ,31 ILDERSIFEVE�FRANC ES -E- - - 7_ Y:. 4Q.-2-23 C NI HERBERT MICHAEL & ANO 31 24-- -- ---- - Di3 KEOGH JOHN A & PRANCES 7T 140.-2-25 C OU KELLEHER DANIEL 6( -140.-2-26 . - ---- - - ---- -__..C--PN ..TUTHILL.. DAVID '-A & -u.F 61 140.-.2-27 C QG BRIGHAM TIMOTHY J & 5' 1 4 0. 2 2 8--- ----- -- C Q Z W 0 0 D W A R D f V.4 ...A----------------------------- 5 i 140 .-2-29 C RS WOODWARD RICHARD A & A 41 • -f4�-0 2-30 - - - --- --- C-LV- OIVELLO JOHN $- PRANCES - --- -- 1 .5 140.-2-32 C NH DIVELLO JOHN R ORS 1 p 0 140.-2-33 --- ----- -=- -.._....0 OA WILCENSKI JOHN ..A..& . ...... .... -- --- 140.-2733 N OA W.ILCENSKI JOHN A & 9 1 4 0.-2-3 4 ----------------- --------�-C 0 T -'S T E L Z c R C A R L....E.. .& _.W F-.__...----------------7, 140.-2-36 C QF MCBRIDE JANE A 7 C_._. Y.. ETRAU . _ .._._-.... ....4` 140 - C 140.-2-38 C RR PETRAUSKAS MARY H 4 -'140.-2-39 -- - --� ----- C -SK RAYMOND CLEAVES POST 1 --- . ..-.-2.0 yr - PAGE TOTALS 51 PARCELS (ACTIVE) -