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HomeMy WebLinkAboutZBA-08/17/1983 SPECAPPEALS BOARD MEMBERS GERARD P. GOEHRINGER. CHAIRMAN CHARLES GRIGONIS. JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SDUTHOLD. L.I.. N.Y. 119'71 TELEPHONE (515) 765-1809 MINUTES SPECIAL MEETING AUGUST 17, 1983 A Special Meeting of the Southold Town Board of Appeals was held on Wednesday, August 17, 1983 at 1:40 p.m. at the Fishers Island School, Fishers Island, New York. Present were: Gerard P. Goehringer, Chairman; Robert J. Douglass; Serge Doyen, Jr.; and Joseph H. Sawicki. Absent was Member Grigonis. Also present were: Victor Lessard, Building Department/Administrator; Eileen Carey, Building Department secretary and Linda Kowalski, ZBA secretary and clerk. The Chairman called the meeting to order at 1:40 p.m. PENDING DECISION: Appeal No. 3151. Application for RVSS, Inc. (Razmataz), by Garrett A. Strang, Main Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-112H for permission to develop and use parking on adjacent [leased] property identified as County Tax Map Parcel No. 1000- 125-01-19.1; 1000-122-6-36; both located at the north side of the Main Road, Laurel, New York; the leased premises further identified as Subdivision Lot 4 of Minor Subdivision of Mattituck Holding, Map 274 containing 61,248 square feet in area. The public hearing on this application was held on July 28, 1983, at which time the hearing was declared closed, pending receipt of the parking-lease agreement. Conditional approval of the June 20, 1983 Site Plan was granted by the Planning Board on July 11, 1983, as follows: 1. The area leased from Joseph Crenshaw to be fenced or guarded off so that ingress and egress will not be from the west- erly access and solely on the easterly portion of applicant's property; 2. Existing sign to be removed; (relocated) 3. Approval from the Zoning Board of Appeals; 4. One-year review by the Planning Board; Sbuthold Town Board o~/ppeals -2- August 17, ~'~3 Special Meeting iAppeal No. 3151, RVSS, Inc. d/b/a RAZMATAZ, continued:) 5. Site plan approval expires when lease exires. The board is in receipt of a deed recorded at Liber 9406 at page 560 on August 16, 1983 conveying the premises to be leased for parking, from Mattituck Holding Company to Joseph Crenshaw, (new County Tax Map Parcel ID No. 1000~125-001-19.4..). The board is also in receipt of a letter of agreement between Joseph Crenshaw and Ronald Buchinski (for Razmataz) leasing the subject premises for parking for a period of five years commencing June 6, 1983. The board members began deliberations, and Chairman Goehringer abstained. Several conditions were recommended if the application is to be approved as follows: 1. Subject to the property not being improved (remaining vacant except for fences); 2. Subject to lease renewal at the end of the five-year period (if the lease is not renewed, this approval is terminated); It was the consensus of the board to bring this matter up at the next Regular Meeting of the board when a full board was present to give those absent an opportunity to make recommenda- tions. This meeting being held on Fishers Island has not been convenient for all concerned. It was also the. consensus of the board that the secretary request of Mr. Strang the possibilities of a renewal of the five-year lease. The board began deliberations on each of the following, and the following decisions were rendered: (see next page): Appeal No. 3148 - Roke's Marina, Inc. d/b/a New Suffolk Shipyard. Appeal No. 3152 - John Antoniou Appeal No. 3129 - Irene Papadakis. Southold Town Board c.~Appeals -3- August 17, 3~3 Special Meeting RESERVED DECISION: Appeal No. 3148. Upon application for ROKE'S MARINA, INC..d/b/a NE~ .SUFFOLK SHIPYARD, by A.A. Wickham, Esq., Main Road, Mattituck, NY appealing a de~ision of the building inspector to vacate Order to Remedy Violation, pursuant to Article XII, Section 100-121A. Provisions of the Zoning Ordinance Appealed: Articles I, 100-13; II, 100-23A; VIII, 100~80(B) [14] [t5]; XIV, 100-144(A)[2] (B); XI, 100-118. Location of Property: East Side of New Suffolk Road, New Suffolk, NY; County Tax Map No. 1000-117- 5-28 and 29. The public hearing concerning this matter was held on July 28, 1983, at which time the hearing was declared, closed, pending deliberations. The board made the following findings and determination: This is an appeal to vacate an Order to Remedy Violation dated April 22, 1983 issued per Articles II, Section 100-23(A); VIII, Section 100-80(B) [14] [15]; and Article XIV, Section 100-144(A) [2] (B) of the Zoning Code, which states, "...Boat storage 'and boat sales has been expanded to the northwest corner of premises without a Certificate of Occupancy to extend land use .... A Special Exception from the Zoning Board of Appeals and Site Plan Approval from. the Planning Board is required... " Signed statements have been submitted for the record indicating that the area of which is the subject of this application has never been used as a sales or storage area for boats, equipment or any other shipyard accessory. A petition with 26 residents' signatures ~as filed in opposition. Two affidavits have been submitted for the record which show that the premises was used as a shipyard from the period approximately 1954 to 1972 and was e~gaged in sales, repair and storage of boats. The area which is the subject hereof is the most northerly section, particularly that area along the south and east sideS.of the parcel identified on the County Tax Map as District 1000, Section 117, Block 05, Lot 27, now of Jeffrey D. and Susan E. Miller (containing a residence). The premises in question is identified as County Tax Map District 1000, Section 117, Block 05, Lot 29,1 (28 and 29) and contains an area of approximately 2.6 acres, located on the east side of New Suffolk Road, New Suffolk. The premises is in a "C-Light Industrial" Zoning District. In considering this matter, it is apparently evident that the premises has been used for the sales, repair and storage of boats continuously since on or before the adoption of zoning in 1957. Although prior court decisions prevail (People u. Perkins 282 N.Y. 329, and People v. Bonnerwith, 79 Mis Reports 2d 242) it is the opinion and recommendation of this board that the areas which adjoin the residential zone, particularly along the northerly section, should be cleared of all boats and materials within 15 feet of the property line for safety reasons. Southold Town Board oYJAppeals -4- August 17, ~_~3 (Appeal No. 3148 - ROKE'S MARINA d/b/a NEW SUFFOLK SHIPYARD, continued:) Now, therefore, on motion by Mr. Douglass, seconded by Mr. Goehringer, it was RESOLVED, that Appeal No. 3148, application of ROKE'S.MARINA INC. d/b/a NEW SUFFOLK SHIPYARD to vacate Order to Remedy Violation, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING RECOMMENDATION: That all boats and materials within 15 feet of the residential areas/northerly property line be cleared for safety reasons. Location of Property: East Side of New Suffolk Road, New Suffolk, NY; County Tax Map Parcel No. 1000-117-5-28 and 29 (29.1). Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Douglass and Sawicki. (Member Grigonis was absent.) This resolution was unanimously adopted. RESERVED DECISION: Appeal No. 3152. Upon application of JOHN ANTONIOU, 155 East Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-34 for per- mission to construct deck addition with an insufficient frontyard setback, at 155 East Road, Mattituck, NY; Cpt. Kidd's Estates Map 1672, Lot 111; County Tax Map Parcel No. 1000-106-03-009. The public hearing concerning this application was held on July 28, 1983. The board made the following findings and determination: By this appeal, appellant seeks approval of a 21' deep by 37.3' width deck (which includes an existing 8' by 12' Wide deck), leaving an insufficient frontyard setback from the northerly property line along East Road at approximately 22.9'. The setback of the existing one-family dwelling without the deck area is 34.9' as shown on survey dated Septem- ber 23, 1974 prepared by Young & Young. Upon investigation and inspection, it has been found that the dwelling on the east of the subject premises has a setback from the East Road northerly property line of approximately 32½ feet. The average setback of dwellings along this road is not closer than 34.2 feet. The relief requested is approximately 11.4 feet, or 31% of a variance. The board members have visited the site in question and are familiar with the land, improvements and immediate surroundings. In considering this appeal, the board determines: (1) that the variance request is not substantial in relation to the require- ments of the zoning code [31%]; (2) that the circumstances are not unique; (3) that by allowing the variance as applied, other properties may be affected; (4) that the difficulty can be obvi- ated by a method feasible other than a variance; (5) that the · Southold Town Board ~lAppeals -5- August 1 ~(Appeal No. 3152 - JOHN ANTONIOU, continued:) 1983 Special Meeting relief requested will not be in harmony with or promote the general purposes of zoning as applied; and (6) that the interests of jus- tice will not be served by allowing the variance as applied. On motion by Mr. Doyen, seconded by Mr. Goehringer, it was RESOLVED, that Appeal No. 3152, application of JOHN ANTONIOU, BE AND HEREBY IS DENIED AS APPLIED FOR. Location of Property: 155 East Road, Mattituck, NY; Captain Kidd's Estates Lot 111 of Map 1672; County Tax Map Parcel No. 1000- 106-03-009. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Douglass and Sawicki. (Member Grigonis was absent.) This. resolution was unanimously adopted. RESERVED DECISION: Appeal No.. 3129. Application for IRENE PAPADAKIS, by Michael J. Hall, Esq., as attorney, Front Street, Greenport, NY for an Interpretation of "skin care clinic" as a home occupation under Article I, Section 100-13, Definitions. Location of Property: 26165 Main Road, Orient, NY; County Tax Map Parcel No. 1000-018-03-023. The public hearing on this matter was held on June 23, 1983, at which time the hearing was declared closed pending deliberations. The board made the following findings and determination: This is an appeal seeking an interpretation of the term "Home Occupation" to include the conduct of the practice of cosmetology. Appellant had previously appealed to this Board (Appeal No. 3072) for a variance to conduct such practice on the same premises which is the subject of the instant appeal. Such appeal was denied for the reasons stated therein. The Building Inspector concluded after his investigation and examination of all of the activities engaged in by Appellant, that the services to be performed were similar to that of a hairdresses, manicurist and pedicurist which are personal service uses permitted in the Light Business District pursuant to Section 100-60(A) [8] of the Zoning Code. Appellant's attorney, on the other hand, has likened these services to those performed by a dermatologist, pediatrist or a medical doctor. Section 100-30 (C)[11. of the Zoning Code permits "Home Occupa- tion'' as an accessory use. Section 100-13 (Definitions) defines "Home Occupation" in pertinent parts as follows: Southold Town Board Appeals -6- August 17. (Appeal No. 3129 - IRENE PAPADAKIS, continued:) 983 Special Meeting ..."HOME OCCUPATION - This s'hall be understood to include the professional office or studio of a doctor, dentist, teacher, artist, architect, engineer, musician, lawyer, magistrate or practitioners of a similar character, or rooms used~ for "home occupations," including home baking, millinery or similar handicrafts, provided that the Office, studio or occupational rooms are located in a dwelling in which the practitioner resides and provided further that no goods are publicly dis- played on the premises and no sign or advertisement is shown other than a sign not larger than two (2) square feet in total area, bearing only the name and occupation [words only] of the practitioner... " Paragraphs 4 and 5 of Section 401 (Definitions) of Article 27 of the General Business Law defines the terms "Beauty Parlor," "hairdressing" and "cosmetology" as follows: 4. "Beauty parlor" means any part of building or place or premises wherein hairdressing and cosmetology as herein defined are practiced. 5. "To engage in the practice of hairdressing and cosmetology means and refers to a person who holds himself out directly or indirectly, as being able, or who offers and undertakes, by any means or method, with the aid of hands or of mechanical, elec- trical or other apparatus or appliances, and/or by the use of tonics, lotions, creams, cosmetics, cosmetic preparations or compounds, to waive, dye, color, bleach, cut, arrange, dress, curl, cleanse, or stimulate the growth of the hair of the head of any person; or to massage, cleanse, or exercise the scalp or stimulate the growth of the hair of the head of any person." It is this Board's opinion that a practice of cosmetology is similar to the practice of hairdressing. They are considered as such under Article 27 of the General Business Law. It has been held by the Courts in New York that the term "Home Occupations" does not permit the practice of hairdressing (People v. Nicosia 42 Misc. 2d 300). Appellant .contents that her occupation as a cosmetologist is of a similar character to that of a doctor, dentist, teacher, artist, architect, engineer, musician, lawyer or magistrate. Anderson, American Law of Zoning, Second Edition, Vol. 2, pg. 529, cites two cases holding that a beautician is not a "professional person" as that term is employed in ordinances which permit home offices of professional persons. It is the opinion of this Board that the conduct of.a skin care clinic is not similar in character to the professional office or studio of the professions listed as Home OccUpations in Section 100-13 of the Zoning Code. Now, therefore, on motion by Mr. Douglass, seconded by Mr. Sawicki, Southold Town Board Appeals -7- August 17,~ 983 Special Meeting (Appeal No. 3129 - IRENE PAPADAKIS, continued:) BE IT RESOLVED, that "skin care clinic" shall not be permitted as Home Occupation, Section 100-13 of the Zoning Code. Vote of the Board: Ayes: MesSrs. Goehringer, Doyen, Douglass and Sawicki. (Member Grigonis was absent.) This resolution was unanimously adopted. ADDITIONAL SET-UPS FOR PUBLIC HEARINGS 8/31/83: On motion by Mr. Douglass, seconded by Mr. Goehringer, it was RESOLVED, that the following applications be scheduled and advertised for public hearings (in,addition to those previously scheduled) to be held at the next Regular Meeting of the Board, to wit, Wednesday, August ~.1, 1983: Appeal No. 3163 - Marjorie Clust (Smith) for Charlotte Gadomski Appeal No. 3165 - Edward J. Boyd and. Hazel K. Boyd. ~ote of the Board: Ayes: Messrs. Goehringer, Doyen, Douglass and Sawicki. Member Grigonis was absent. This resolution was unanimously adopted. The board tentatively agreed to meet Wednesday, August 24th at approximately 6:30 p.m. for field inspections. Being there was no other business properly coming before the board at this time, the Chairman declared the meeting adjourned. The meeting adjourned at approximately 1:50 p.m. Respectfully submitted, in a . owalski, Secretary //~Z//~// ~ Southold Town Board of Appeals /Approved - Ge~rd P. G~ehringer / September /~, 1983/ RECEIVED AND FILED BY THE SOUTHOLD TOWN CLEBK DATE ~//~ HOUR / ~/~ ~