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KEY FACTS
Location
578 Montauk Highway, East Moriches
SCTM
200-860-3-1
Area
0.73 acres
Existing zoning
J Business 6
School District
East Moriches
Historic District status
In East Moriches Historic District
Current Use
Church
Log No.
2014-99
Current Application
For relief of a 1983 covenant prohibiting changes to the exterior of the structure to permit adding a 1 story extension in the rear and exemption from the Historic District regulations. If granted applications will follow to approve a site plan that includes nearly filling the front yard with parking and for variances.
Proposed use
The extension will enlarge the area for services. Additional parking will nearly double the number of on-site parking spaces.
Attorney
David Altman, Brown & Altman, LLP
Engineer
High Point Engineering
Hearing date
March 12, 2014, Town Board hearing on revision of covenant against changes to the building.
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This house on the south side of the Montauk Highway between Montauk and Paquatuck Avenues is one of East Moriches’ most outstanding structures architecturally. It was built in about 1855 in an Italianate style. Additions have been made; yet, the front of the original structure appears intact. In a1982 inventory, the State Division of Historic Preservation described it as “one of . . . the handsomest old houses in the area”. Strolling Through East Moriches, a 1975 pictorial and commentary, described the house in this way:
"It was built. in the late 1850's as the home of a doctor. A family by the name of Lefferts acquired the house and they, in turn, sold it to William Chapman who owned it up to more recent times.
"The house itself has twenty six rooms, three working fireplaces and 9 to 10 foot high ceilings. Notice the following:
William Chapman and family owned the house for many years (and so we refer to it as the "Chapman House"). His extended family was active an prominent in East Moriches history (see family tree 1, family tree 2, and an article on "colorful" family members). In 1973, a Certificate of Existing Use was issued for his house as a 1 family house.
In 1983, a hearing was held on an application by contract vendees to change the parcel's zoning from A Residence to J-2 Business. According to the transcript, the applicants' attorney reported at the hearing that the then-current owners used the house as their residence and also operated a small antique shop in it. She described the house as "an absolutely magnificent home" and represented that applicants expected "to restore it to its original grandeur", it being "an absolutely beautiful building". Applicants were considering a few boutiques, a small café and perhaps some bed-and-breakfast bedrooms.
The Town Board approved a change, but to J Business 6 rather than J Business 2. It required the recording of covenants which restricted use to 4 boutiques and a café. It required the following covenant to protect the building's appearances:
"The exterior character of the structure on the above-described property shall be maintained, and said structure shall not be enlarged nor altered in any fashion other than for the purpose of restoring it to its original character."
It is this covenant, prohibiting any extension being added to the house, from which the current owner seeks relief.
By 1997, the house and its grounds were well preserved. Here's how the house looked.
In 1997, applications were submitted for changing the use to restaurant use and for approval of a site plan. Approval was given in early 1998. The approved site plan called for a 22 seat restaurant on the 1st floor, parking in the rear, with 2 handicapped spaces and 6 landbanked spaces (that is, not installed) in front and a gravel driveway. Many trees were to be saved. In making recommendations to the Planning Board, staff emphasized "the historic nature of this parcel" and therefore did not want to align the driveway with North Paquatuck Avenue or use asphalt for the driveway. It preferred a narrower driveway in order to preserve trees. The Board accepted these recommendations, as shown in the approved site plan.
After renovations and issuance of a certificate of occupancy in November 2000, the "White Truffle Inn" opened for business.
But it did not last. In late 2006, the property was sold by the restauranteurs to a private foundation. Some months later, the foundation submitted an application to change the use to a church, and later it submitted plans that showed a 1-story addition in the rear of the house in the area one is proposed now. A formal application for this was submitted in March 2008. A survey submitted at the same time showed that the landbanked parking on the restaurant's site plan had been installed and also that 4 spaces in the front yard on the east side of the driveway had been added. The plans were submitted to the Historic District Advisory Committee, which reviewed them and recommended approval with a few conditions. The Planning Department then decided that a site plan would not have to be submitted, so that the change of use could proceed. However, its letter stated that a building permit had to be issued and substantial construction commenced within 2 years. It appears this did not happen, so, the conditions not having been met, neither the change of use nor any approval of the plan become effective.
Regardless of formalities, the South Bay Bible Church has been holding services and functioning in Chapman house. It is presumably a tenant. The church's website provides information on its staff and what it does.
Changes to the property can be seen in aerials from 1947, 1962, 1978, 1984, 2001, 2006, 2007 and 2013.
The addition was not built, and the owner is back with a new application for similar relief, but with a major change. Now the owner proposes to pave over the entire front yard for parking.
The formal application is supported by a site plan and a petition to the Town Board. A somewhat revised site plan, a plan for the 1st floor and elevations have also been submitted. Applicant seeks:
The effect of these changes is shown below by the main portion of the current site plan with the house colored yellow, driveways and parking colored dark gray, and sidewalks colored light gray.
If the proposed changes are allowed, most of the remaining lawn and trees in the front yard would be replaced with asphalt, and the front yard would look like a parking lot.
While the are exceptions, most of the houses on the Montauk Highway in East Moriches have front lawns--even though they are zoned for commercial use and used commercially. This is consistent with the intent of the Historic District to preserve the village as it has been so that it may be enjoyed by us and new generations in the future.
Applicant will undoutedly point to the bushes and trees proposed along the Montauk Highway. As proposed, they will not fully shield parked or the asphalt driveway and parking spaces from view and if they really did, they would also block the view of the house from the street. This is inconsistent with the intent of the Historic District that we enjoy our architectural heritage.
The East Moriches Historic District includes the Montauk Highway from the Bypass to Bay Avenue. It's purpose was described by the Town Board in the Town Code as follows:
What is protected is not just building exteriors, but "areas" that have value. In the case of an historic home, its value is reduced, if not lost, when it cannot be appreciated in the context it was intended to be in. Part of the exterior of a home is its landscaping, its lawns, gardens, bushes and trees which surround it.
What might the Chapman house look like without what remains of its surrounding lawns and landscaping? Check out 2008 and 2013 Google photos of 272 Mountauk Highway in Center Moriches where another older house that is not as large or grand stands:
"The Town Board finds that the Town of Brookhaven possesses many buildings, structures and areas of historical, architectural and unique aesthetic value which contribute to its physical well-being and cultural heritage and that these tangible assets, which provide a sense of identity and place, should be perpetuated, conserved, protected and enhanced as a public necessity in harmony with the Comprehensive Town Plan and to promote the general welfare." Town Code § 85-634 (emphasis supplied).
Is this how we want the whole Montauk Highway Historic District to look?
Brookhaven's Historic District Advisory Committee has reviewed an aspect of this proposal; the application to amend the restrictive covenant for the rear addition was referred to it by the Planning division. It was reported that the Committee took no position.
Following Town policy, the owner asked to meeting with representatives of EMPOA's Board Tuesday, January 6. EMPOA agreed to present the positions taken at the meeting in a letter, and applicant will then discuss changes with the Planning Division. Applicant's attorney reported on the meeting to the Town by letter in which it only offered to "landbank" front yard parking stalls. EMPOA's Board presented its positions in a 1/17/15 letter.
On 1/29/15, the Town Board set a hearing on the application for March 12.