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HomeMy WebLinkAbout2684Southold Town Board o£Appeals MAIN ROAD- STATE ROAD 25 -c;OUTHOLD, L.I., N.Y. 11c3'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS. JR, SERGE DOYEN, .IR ROBERT J. DOUGLASS JOSEPH H. SAWlCKI TO: FROM: DATE: SUBJECT: Southold Town Clerk Southold Town Board of Appeals October 26, 1982 Appeal No. 2684 - North Fork Motel, Inc. Please place this letter in the record for Appeal No. 2684 - North Fork Motel, Inc. which confirms that the following action was taken at a Regular Meeting of the Board of Appeals held on March 12, 1981: RESOLVED, that Appeal No. 2684, application of North Fork Motel, Inc., be and hereby is withdrawn. Vote of the Board: Ayes: Messrs. Grigonis, Douglass, Goehringer and Sawicki. (Member Doyen, Fishers Island, was absent.) ,.~IVED AND FILED BY l,..~ ~,~*~OLD TOWN CLEBK DLTE/4/~7/f~ HOUR ~.'~ S311TIt, FINKELSTEIN, LUNDBERG, CRIM."IINS AND YAKABOSKI Robert W. Tasker, Esq. 425 Main Street Greenport, N. Y. 11944 June 1, 1982 Re: North For'k Motel v. Southold ZBA Dear Mr. Tasker: I am enclosing herewith Decision of Mr. Justice Gerard received this date with respect to the above cap- tioned. To date, no judgment has been served. We will discuss with you, in the near future, the prospect of a successful appeal of this determination. Very truly yours, Enclosure FJY:mo FRANCIS J. YAKABOSKI cc: Chairman, Zoning Board of Appeals MEMORANDUM S'UPREME COURT. SUFFOLK COUNTY NORTH FORK MOTEL, INC., BY Petitioner, VS. CHARLES GRIGONIS, JR., Chairman, and ROBERT DOUGLAS, GERALD GOEHRINGER, JR., JOSEPH H. SAWI~K] and SERGE J. DOYEN, JR., constitu .ng the ZONING BOARD OF AFFEALS OF THE TOWN OF SOUTHOLD, GEORGE H. FISHER, Senior Building Inspector of the Town of Southold and Edward F. Hinderman, Building Inspector of the Town of Southold, SPECIAL TERM GERARD, J.S.C. PART DATED May 25th 1982 Index #: 81-14813 Hearing Date: March 4, 1982 31-106N I Respondents. ~;7~6;;~-g-2~[7-~;7-~SMITH,FINKELSTEIN,LUNDBERG,CRIMMINS Attorneys for Petitioner & YAKABOSKI, ESQS. 108 East Main Street Attorneys for Respondents Riverhead, New York 11901 456 Griffing Avenue Riverhead, New York 11901 This proceeding pursuant to Article 78 of the CPLR seeks a judgment of this Court annulling the determination of the Southold Zoning Board of Appeals dated June 25, 1981 denying the petitioner's appeal of two decisions of the Southold Building Inspectors, and directing that the prior notices of the building inspectors and the respondent Board's decision be vacated. Originally this proceeding was heard by Mr. Justice Kelly who directed that a Hearing be held to determine the issues raised in the papers. However, on the date of the Hearing, the parties re-submitted the papers contending that a Hearing was not necessary, a statement with which this Court agreed. Petitioner, a corporation duly organized and existing under the laws of New York State, owns a certain parcel of property located at 52325 County Route 48 in the Town of Southold, New York. These premises are located within the Town of Southold's "B Light Business District" and in J~ne of 1965, s motel was erected for which a certificate of occupancy was issued for a legal "multiple residence." One of the permitted uses in a "B Light Business District" is a motel pursuant to a special exception by the Town Board which was granted in 1965 (See Zoning Code of the Town of Southold Section 100-60(a)(1)(b), 100-50(b)(4)). On or about February 11,~80, the petitioner in letter form requested from the Building Department approval to allow the "steady cliental' to purchase one of the motel units outright. The Building Department by Page -2- inspector George Fisher the ground that privately owned units or permitted in the "B" zoned district, and of that determination on March 20, 1980. respondent Board of Appeals on ~ugust 14, denied the application on February 13, 1980 on condominiums are not "a use" the petitioner filed an a~peal The petitioner appeared before the 1980, September 25, 1980, October 16, 1980 and November 20, 1980, and at two of the Hearin~ specifically argue~ that it was not requesting a change of use only a change in the form of ownership. On December 17, 1980, petitioner applied to the Town Building Department for a certificate of occupancy for motel unit 23, and Building Inspector Edward Henderman denied the request on December 22, 1980 on the ground that "conveying a living unit of existing motel to single o~ership (condominium) does not keep within the definition of a motel (Motor Vehicle Transients) and as such, would not be a use permitted under "Special Exception." On December 29, 1980, the petitioner presented to the responden Board an "amended appeal petition" which encompassed the appeals of the Town Building Inspectors denials of the petitioner's applications dated February 22, 1980 and December 22, 1980. On March 12, 1981, petitioner withdrew its original appeal of March 20, 1980 but proceeded before the Board to present its position on the amended appeal of December 29, 1980. The Hearing was conducted on April 13, 1981, and the respondent Board unanimously denied the appeal by a written decision dated June 25, 1981, which held that the request was a change of use and not a change of ownership of the subject premises. It is from this decision that the petitioner has appealed for judicial relief In opposition, the respondents contend that this proceeding should be dismissed both on the merits and because of procedural deficiencies. Initially, the Court will reject the respondents' procedural claims since it is satisfied that despite the lack of sophistication and expertise in presenting the proper formal applications to the Building Department, both the Building Department inspectors and the Board of Zoning Appeals fully comprehended that the nature of the request was to change the ownership of the premises from a corporate'structure to individual entities. In its decision of June 25, 1981, the respondent Board stated that "the issue in this appeal is whether the contemplated'conveyance of a single room in an existing motel property to an individual for his sole use and occupancy is, Page -3- in effect, a change of use of the premises." Clearly, the dispute was apparent to all the parties involved and the Court will not allow any procedural deficiencies to delay a final decision on the merits. It is clear that the municipality has been granted power pursuant to Town Law 261 throug~ appropriate zoning ordinances to regulate the use of an individual's property to protect the public health and safety and preserve the character of the neighborhood. (See, Town Law 261; Baginsky v. Kesbec Inc., 259 App. Div. 467, 19 N.Y.S.2d 716, aff'd 286 N.Y. 655, 36 N.E.2d 694; Weinrib v. Weisler, 33 A.D.2d 923, 307 N.Y.S.2d 603 (2nd Dept.) aff'd 27 N.Y.2d 592, 313 N.Y.S.2d 407; Dexter v. Town Board of the Town of Gates, 36 N.Y.2d 102, 365 N.Y~S.2d 506; Village of Belle Terre, 416 U.S. 1). In this case, the mere fact that the premises are held as condominiums will not subject them to municipal regulations if the use contemplated is otherwise permissible. "Planning controls, including subdivision approval, cannot be employed by a municipality to exclude condominiums or discriminate against the condominium form of ownership, for i is use rather than form of ownership that is the proper concern and focus of zoning and planning regulation." Maplewood Village Tenants Association v. Maplewood Village, 116 N.J. Super 372,377, 282 A.2d 428, 431 (Superior Court of New Jersey, Chancery Division); Bridge Park Co. v. Highland Par~, 113 N.J. Super 219,273 A.2d 397 (App. Div.); Township of Washington vo Central Bergen Community Mental Health Center, 156 N.J. Super 388, 383 A2d 11! (Superior Court of New Jersey, Law Division); Claridge House One, Inc. v. Borough of Verona, 490 F. Supp. 706,712 (U.S. Dist. Court, D., New Jersey). Even if the premises were operating under a prior non- conforming use, the mere chan~e.in the typ~ of ownership will not destroy a valid existing non-conforming use. (See, City of Miami Beach v. Arlen King Cole Condominium Association Inc., 302 So.2d 777 (District Court of Appeals of Florida, Third District)). In claiming that the change from corporate to condominium ownership is a change of use, the resppndents are interfering and restricting the alienability of the petitioner's property. The respondents are in essence putting "the cart before the horse." It is possible that this change in ownership may result in a change of use in the future, but the mere transformation to condominium ownership does not per se effect the use of the property. This decision does not in any way impair Page -4- the municipalities ability or right to enforce their zoning regulations as to the property's use pursuant to the traditional exercise of police power. is apparent that the petitioner did not need to seek ~ It approval from the respondents td chanE~ the form of ownership of the subject property from corporate to condominium. Therefore, the denials of the petitioner's applications were in excess of the respondent Town's jurisdiction and will be annulled. Submit judgment on notice. J.S.C. A'I'rORNEY AT LAW 828 FRONT STREET GREF, NPORT. N.Y, 11944 March 12, 1981 Southold Town Board of Appeals Southold Town Hall Main Road Southold, New York 11971 Re: Application of North Fork Motel, Inc. Appeal No. 2684 Gentlemen: Please be advised that the applicant does hereby withdraw the subject application. As you realize, a subsequent application has been made to the Board concerning two decisions of the Building Inspector which purportedly deny the applicant the right to change the form of ownership of the North Fork Motel from corporate to condominium. One of those decisions was the decision appealed in the subject application. Therefore, I assume that none of the record made concerning the subject appeal will be used in the subsequent appeal in that you have "deemed" the subsequent appeal a new appeal (letter of Charles Grigonis, Jr. dated January 7, 1981). In that the subsequent application with filing fee and short environmental assessment form was filed with the Board, completely, on January 14, 1981, it is respectfully requested that a hearing be set for as soon as practical. Please make this letter part of the record for the subject application and subsequent application. Very truly yours, William H. Price, Jr. WHP:kam Southold Town Board of Appeals MAIN ROAD-STATE ROAD 25 SOUTHOLD. L.I.. N.Y. 1197'1 TELEPHONE (616) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER Joseph H. Sawicki March 16, 1981 Vincent A. Smyth, Esq. Curto, Meservey, Waller, Lack, Sullivan and Smyth 205 East Main Street Huntington, NY 11743 Re: Your Letter dated March 10, 1981 Appeal No. 2684 - North Fork Motel, Inc. Dear Mr. Smyth: You have requested an opportunity to make comments on the effects of any "downzoning relative to the North Fork Motel" after the hearing. The North Fork Motel, Inc. has previously brought an appeal to this Board upon which hearings were held. At the meeting of this Board held on March 12, 1981, this application was withdrawn. However, on or about January 15, 1981, this applicant filed a second appeal seeking a Certi- ficate of Occupancy for one of the motel units, which presumably will be sold as a separate unit. This latter application has not as yet been scheduled for a public hearing. When this matter has been set for a hearing, it will be published in the official Town newspaper (Suffolk Weekly Times and Long Island Traveler-Watchman). If you wish to appear at such hearing and present your views, you of course have an opportunity to do so. However, it is not the policy of this Board to permit evidence to be presented after the hearing has been held and closed. Accordingly, if you wish to present any arguments or evidence, it must be done at the regularly scheduled hearing. If you have not already done so, Page 2 March 16, 1981 Vincent A. Smyth, Esq. Re: Appeal No. 2684 - North Fork Motel, Inc. I would suggest that you subscribe to the official Town newspaper, where all public notices are published. Aside from the published notice, the only persons who are given additional notice of the application are persons whose properties abut the property which is the subject of an appeal. Since you are not an abutting owner, you would not receive such other notice. Yours very truly, CG:lk CHARLES GRIGONIS, JR., CHAIRMAN SOUTHOLD TOWN BOARD OF APPEALS March 10, 1981 Zoning Board of Appeals Town of Southold Main Road Southold, New York Re: Application for change of zoning for the Northfork Motel Inc. Dear Ladies and Gentlemen: Please be advised that I am a property owner in the Mill Colony section in the Town of Southold. I have been advised that there is an application pending for a down-zoning of the Northfork Motel. I would appreciate it if you would afford me an opportunity, after the applicant's hearing, of commenting on the effects that such a/~oning application may or may not have on my property value.// VAS: J VINCEN A. ~SMYTH ? ATTORNEY AT LAW 828 FRONT STREET GREENPORT. N.Y. 11944 February 1981 Mr. Charles Grigonis, Jr., Chairman Southold Town Board of Appeals Southold Town Hall Main Road Southold, New York 11971 Re: North Fork Motel Dear Mr. Grigonis: Thank you for your courtesy extended in once again adjourning the original application for another month. I feel that if we can proceed on both the original application and the amended application simultaneously, both the Board and the applicant will avoid unnecessary duplica- tion of effort. As you know, the questions involved in this appli- cation are interrelated and deal with an issue which will again be faced by the Town of Southold in the future. I believe that if you allow me to proceed simultaneously with the original application and the amended application, the Board will obtain much required information to deal with not only this application but future applications of other appli- cants. At the hearing I plan to have two expert witnesses testify. I expect that their testimony and the applicant's presentation will take at least an hour. This information is provided so that other applicants will not have to wait need- lessly for our presentation to finish. I would again like to thank you, the Board members, and Mrs. Kowalski for your courtesy and cooperation in this matter. Very truly yours, William H. Price, Jr. WHP :kam LEGAL NOTICE NOTICE IS HEREBY GIVEN, that all of the hearings to be held by the Southold Town Board of Appeals on March 5, 1981 have been recessed until Thdrsday, March 12, 1981, which said hearings will be heard at the same times as previously advertised.at the Southold Town Hall, Main Road, Southold, NY. Dated: March 5, 1981. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS CHARLES GRIGONIS, JR. CHAIRMAN Suffolk Times and Long Island Traveler Watchman: Please publish the above legal notice once, to wit, Thursday, March 12, 1981 and forward two affidavits of publication to: Board of Appeals, Main Road, Southold, NY 11971. 765-1809. Copies to: Suffolk Times by hand Monday 5:00 p.m. 3/9/81. L.I. Traveler by hand Tues., a.m. 3/10/81. The following by mail 3/10/81: Rudolph H. Bruer, Esq. Abigail A. Wickham, Esq. Richard J. Cron, Esq. Mr. and Mrs. Leo Brac William H. Price, Jr., Esq. Mr. Alfred H. Goldsmith Mr. and Mrs. George Sweeney Posted on Town Clerk Bulletin Board 3/5/81. Copy to Supervisor's Office 3/10/81. GIVEN~ purSuant to Section 26? of the Town Law and the · provisions of the Amended . Code of the Town of South- old, the following matterS will be held for public hearings by the Southold Town Board o[ Appeals at the Southold Town Hall, Main Road, Southold,, NY on Thursday, March .5, 1981: ~ ~,'~' ~'~: '" ' District,~.~)calion of property: ~northwest'. cnrncr of North Street and Sch~d House Road, Cutchogue. NY: h bounded nurthwest by .~chool House Road; nortbeast ~by North Street; sonthwe.~t by Baxter: southeast by Case: County Tax Map Item N~{~ 1000-102.5.9.2. 8:20 p.m'~~ Application of Leo and Lillian Brac~ Nassau Point Road~ Cutchogue, NY for a Variance 0 he Zoning Ordin- ance. Art. IlL Secl. 100-31 for · permission to alter property ' line between Subd. Lots No. 49 I and 50. reducing the lot area for Lot $0 and increasing the ~ lot area for Lot 49 of property ; located at ~he' east side of ~ Nassau Point Road. Cutch- ~ ogue. NY: bounded north by ~ Eggers; west by Nassau Point [ Road: southby Blaikie: east by '~ Peconic Bay: Coumy Tax ~Map. . ~, .,~:~-~,~,~ :' ': '~.I~ ~I1-15-8. h~ i';'~ S:30 p:m. Application of Frederic P. Rich, 1470 Hobart Read, Sonthold, NY {William H. Price, Jr., Esq,) for a Variance to the Zoning Ordino ' ance, Art. IlL Sec. 100-31 for. . approval of insufficient area and width of two propound , ~ parcels each with a residence, and kn°Wn as 1470 and 1580 [,jHobarl Road, Southold, NY; bounded norlhwes! by- Smith; ': southwest bY Town Creek; ~ S0mheasl by Cre gh op; north- casl by' Hobart Rqad County · Tax Map {leto No. 1000-64- COUNTY OF SUFFOLK ss: STATE OF NEW YORK Potricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in, Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- man once each week for ............. .~. ......................... weeks successively, commencing on the .................................... Sworn to before me this .,...?....?. .................... day of CLEMENT J. THOMPSON NOTARY PUeUC, State ef Ne~ York Ne. 52-9321729 ( ( ~North Street and ............... /.School House Road, Cut- : -!~'l~rice, Jr. Esqi) for a ~'~ LEGAL NOTICE ~ .~'~:: chogue, NY boUnded north- '' ",,' lance to the Zoning Ordi- OF HEARINGS ~: ~ ( ~west by School House Road; 'i- nVaanrce Art III, Sec. 100-31 for NOTICE IS HEREBY northeast by North Street; :, a:O" ' ' ' '' · ~_ . . :~ approval of insufficient ar~ GIVEN, pursuant to Sechon : southwest by Baxter, south :~;~,:nnd width of two pr.O~ 267 of the Town Law and the ~-eastbyCase; CountyTaxMap :: ~.~,,~ols eachwith a residence, Provisions of the Amended Item ~Io. 1000-102-5-9.2. : ~:~/a~nown as 1470 and 1580 Code of the Town of Southold, 8'20 p m Application of Lee ~ ~:~bart Road, Southold NY; the fol ow ng matters wdl be ~:,.andLillianBrac, NassauPomt ~ '- ~-,,--ded northv/est by Smith, held for public hearings by the '~: Road, Cutchogue, NY for .a ,.¥~a~ut'"~west by Town Creek;~ Southold Town Board of Ap- : Variance to.the Zoning Ord,-. i .... ibvCreightoa; north- peals at the Southold Town ? -once At III, Sec 100-31 for. ~-~art Road County Hall Main Road~ So~thold ;:~' ~rmi~sio~~ to alte~ proper~y f~em No. ~00o-6~3-2. ~ N Y On Thursday, March 5/~ ~fline between Subd LOts No. 49 1981: :, :.. ~: ~ ~ i: ~and 50 redUcing the lot area 7:30 n.m, :Aoolication of :~ ~for Lot 50 John and Mary. Pietrodangelo~ ~ i ~lot area for Lot 49 of NY (Rudolph H:'BrUer. Eso. J i Nassau P~)int Road, Cut- :February 1981. ~: for a Variance to the Zoning ~hoa,e NY bounded north by ...................... ormnance, Art III..qeotinn ~- ~-i'Ee~e'~'~ West by Nassau Point SOUTHOLD TOWN ~OAHD OF APPEALS to operate a retail dower shon ' i'by P~conic' Bay; County Tax ~ CHARLES GRIGONIS, JR., On first iloor of qxistin~ build- ', Map Item N(i. 10(E-111-15-$. : CHAIRMAN lricu ' t.ooauon o! l-'ropertv: (Frederi{/P. Rich, 1470 Hobart 1TF10-~20 '. ~ _ $2:~40 Main Road (S.R. ~)~ Road Southold, NY (William -- ......... being duly Sworn, Publisher of ~he SUFFOLK said is ~ printed said Suffolk Weekhr Times .................... weeks 19th 81 LEGAL NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, the following matters will be held for public hearings by the Southold Town Board of Appeals at the Southold Town Hall, Main Southold, NY on Thursday, March 5, 1981: Road, 7:30 p.m. Application of John and MarS Pietrodangelo, 52340 Main Road, Southold, NY (Rudolph'H. Bruer, Esq.) for a Variance to the Zoning Ordinance, Art. III, Section IO0-30(A),(C) for permission to operate a retail flower shop on first floor of existing building in an A-Residential District. Location of Property: 52340 Main Road (S.R. 25), Southold, NY; bounded north by S.R. 25; west by Charhews; south by Southold School District No. 5; east by Terry; County Tax Map Item No. 1000-63-6-9. 7:45 p.m. Application of Richard A. and Janet J. Schlumpf, 32 Curtis Path, East Northport, NY (Wickham, Wickham & Bressler, P.C. as attorneys) for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for approval of the reduction of the area and width of a parcel of land to provide additional access to a second parcel of land, located at the east side of Indian Neck Lane, Peconic, NY; bounded north by James, Mealy, Capobianco, Sheily, Lueckoff; west by Indian Neck Lane; south by Peconic Bay Gardens; east by Richmond Creek; County Tax Map Item No. 1000-86-5-7 and 8. 7:55 p.m. Application of Thomas J. DeBorger, 93 Broadwaters Road, Cutchogue, NY (Rudolph H. Bruer, Esq.) for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to change division line between Lots 295 and 296 to run generally north and south rather than present east and west at 945 Broadwaters Road (a/k/a 100 Wunneweta Road), Cutchogue, NY; Nassau Point Properties Sub. Map 156, Lots 295 and 296; County Tax Map Item "Page 2 Legal Notice of Hearings Board of Appeals Meeting of March 5, 1981 No. lO00-104-11-9. 8:05 p.m. Application of Frederick Cowan and Company, Inc., 120 Terminal Avenue, Plainview, NY 11803 (Richard J. Cron, Esq.) for a Variance to the Zoning Ordinance, Art. VII, Sec. lO0-70A, B, for permission to conduct an industrial-type business (equipment designing and fabricating) in a B-1 Business District. Location of property: northwest corner of North Street and School House Road, Cutchogue, NY; bounded northwest by School House Road; northeast by North Street; southwest by Baxter; southeast by Case; County Tax Map Item No. 1000-102-5-9.2. 8:20 p.m. Cutchogue, Sec. 100-31 Application of Leo and Lillian Brac, Nassau Point NY for a Variance to the Zoning Ordinance, At. for permission to alter property line between Ro ad , III, Subd. Lots increasing No. 49 and 50, reducing the lot area for Lot 50 and the lot area for Lot 49 of property located at the east side' of Nassau Point Road, Cutchogue, NY; bounded north by Eggers; west by Nassau Point Road; south by Blaikie; east by Peconic Bay; County Tax Map Item No. 1000-111-15-8. 8:30 p.m. Application of Frederic P. Rich, 1470 Hobart Road, Southold, NY (William H. Price, Jr., Esq.) for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for approval of insufficient area and width of two proposed parcels each with a residence, and known as 1470 and 1580 Hobart Road, Southold, NY; bounded northwest by Smith; southwest by Town Creek; southeast by Creighton; northeast by Hobart Road;  8:35 p.m. existing motel /5/81). Dated: County Tax Map Application of North use to privately-owned February 12, 1981. Item No. 1000-64-3-2. Fork Motel, Inc. to change~ units. (Previously advertised~ BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS CHARLES GRIGONIS, JR., CHAIRMAN To the Suffolk Weekly Times and Long Island Traveler-Watchman: Please publish once, to wit, February 19th (or in the alternative, not later than February 26th), and forward six affidavits of publication to: Mrs. Linda Kowalski, Secretary, Board of Appeals, Main Road, Southold,NY 11971. (tel. 516-765-1809 or 1802). Copies mailed Tuesday, Feb. 17, 1981 to: Rudolph H. Bruer, Esq. as attorney for John and Mary Pietrodangelo Thomas J. DeBorger Wickham, Wickham & Bressler, P.C., attorneys Richard A. and Janet J. Schlumpf Leo and Lillian Brac for 'William H. Price, Jr., Esq. as attorney for Frederic P. Rich and North Fork Motel, Inc. Frederick Cowan and Company, Inc. Applicants at their mailing addresses shown on applications. Supervisor Town Clerk Bulletin Board was posted on 2/17/81. Legal Notices LEGAL NOTICE OF RECESSED HEARING PLEASE TAKE NOTICE, that the original appeal ap- plication (No. 26~4) of North Fork Motel, Inc. for a Var- lance to the Zoning Ordinance, Art. VII, Sec. 100-70 for per- mission to change existing, motel use to privately-own.ed units (or condominium) use m a B Zone, located at t~e North Side of.North Road~(C.R. 27), Southold, NY~ County Tax Map ID No. 1000-135-2;23, has been further recessed until March 5, 1981 at 8:35 p.m. by the Southold Town Board of Appeals to ha held at the~ Town Hall, Ma n Road, South- old, New York. Anyone desiring to ha heard regarding this original appli- cation should appear at the time and place above sPeC- ified. · Dated: January 28, 19~1. BY ORDER OF THE SOUTHOLD TOWI~ BOARD OF APPEALS CHARLES GRIGONIS, JR., CHAIRMAN 3612-1TF5 COUNTY OF SUFFOLK, ~ ss: STATE OF NEW YORK, j ...~..~.?.J:.d..]~.,..~,~r.~.~.~??. ................ being duly Sworn, says that . .h.e. .... is Printer and Publisher of the SUFFOLK WEEKLY TIMES, a newspaper published at Greenport, in said county~ and that the noticE, of which the annexed is u printed copy, has been published in fhe said Suffolk Weekly Times once in each week, for . .o.1~.~. ...................... weeks s~ccessively commencing on the ...~..~.h. ................... day of Fe]~.~.u..a~. ........ 19..8.~ Sworn to before me this . .~..~.h. ..... day of ... ~.l~/9.~.~- .... 19. .............. ..... HELEN K DE VOE NOTARY POBLIC, State 01 New York No 470T878 SuOolk Comity Term [xplres Marctl 30, LEGAL NOTICE OF RECESSED HEARING PLEASE TAKE NOTICE, that the original appeal applic- ation (No. 2684) of North Fork Motel, Inc. for a Variance to the Zoning Ordinance, Art. VII, Sec. 100-70 for permission to change existing motel use to privately-owned units (or con- domininm) use in a B Zone, located at the North Side of North Road (C.R. 27), South- old. NY, County Tax Map ID Ho. 1000-135-2-23, has been further recessed until March 5, 1981 at 8:35 p.m. by the Southold Town Board of Ap- peals, to be held at the Town Hall, Main Road, Southold, New York. .~nyone desiring to be heard regarding this original applic- ation should appear at the time and place above specified. Dated: January 38, 1981. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS CHARLES GRIGON1S, JR., Chairman IT, 2/5/81 (11) COUNTY OF SUFFOLK STATE OF NEW YORK Potricio Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold. in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- man once each week for ................ ./. ...................... weeks successively, commencing on the ..... .~ ............................ day ~~~ ................... 19.~.... Sworn to before me this ................................ day of ...... ./. ............ ~ 19...~...... Notary~Fublic CLEMENT J. ~"HOMPSON NOTARY PUBLIC, State of New Yor~ ,~,. 52-9321725 ~,e~s dfng in S~folk LEGAL NOTICE OF RECESSED HEARING PLEASE TAKE NOTICE, that the original appeal application (No. 2684) of North Fork Motel, Inc. for a Variance to the Zoning Ordinance, Art. VII, Sec. 100-70 for permission to change existing motel use to privately-owned units (or condominium) use in a B Zone, located at the North Side of North Road (C.R. 27), Southold, NY, County Tax Map ID No. 1000-135-2-23, has been further March 5, 1981 at 8:35 p.m. by the Southold Town Board to be held at the Town Hall, Main Road, Southold, New Anyone should application recessed until of Appeals, York. desiring to be heard regarding this original appear at the time and_placed above Specified. Dated: January 28, 1981. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS CHARLES GRIGONIS, JR., CHAIRMAN Instructions to newspapers: Please publish once, to wit, February 5, 1981 and forward one affidavit of publication to the Southold Town Board of Appeals, Main Road, Southold, New York 11971. (516) 765-1809. Copies i~ailed to the followin? !/27/~1: ~illiam H. Price~ ~r.. Esq.~ Attorney for Suffolk Times, !nc. L.I. Traveler-Watch~.~an, ThC. Posted on Town Cl~rk ~Lult~tin ~oard 1/2~81 a.l,i. LEGAL NOTICE OF HEARING , NOTICE iR HEREBY GIVEN. pursuant to Section 267 or,the Town Law and the Provisions of the Amended Code of the~Town o~ Southold. the following matters will be held for public hearings at the Southold Town Hall, Main Road, Sout~hold, NewYOrk on Thursd,~y, February 12, 1981: 7:35 p.m: Application of Robert and Diane Gazza, 2850 Cedar Beach Road, Southold, NY for a Variance to the Zoning Ordinance, Art. IB, Sec. 1~0-31' for permission to construcYattached garage with an insufficient frontyard set- back at 2850 Cedar Beach Road; Southold, NY; bounded north by Cedar Beach Road; west by D. Gazza; sou~h by Cedar Beach Harbor; east by Cedar Beach blarbor and un- known; County Tax Map ID No. 1000-91.!-3.2. _ 7:45 p.m. Application of ~. North Fork Motel~ Inc.~ by ~ ,.~William H. Prlc% Jr.t Esq.~ ,.~828 Front Street, Greenportz ~,~for a Variance (Appeal No. ) to the Zoning Ordin- ,.~nance, Art. VII, Sec. 100.70 for ~oermission to change existing _ motel use to privately-owned - .~units (or condominium) use in- a B Zone. Location of - · Pronertv: C.R. 27 and ,view Ave.. Southold: bounded ~viow Ave.; Connt~, Tax MaI~:ID , ~N0+ 1000-135-2-23. (Reces~eC[. ~rum 12/29/8Q), 8:00 p.m. Application of Albertson and ' Katz, Main Road, Southold, NY for a Variance to the Zoning Ordin- ance, Art. VI Sec. 100-70A(1) (d), and Art. VI, Sec. 100-62F for permission to construct addition to existing building with an insufficient rearyard setback at the South Side of Main Road (S.R. 25), South- old, NY; bounded north by south by Finne and Lucey; east by Locust Ave., County Tax Map ID No. 1000-62-3-21 and 22. 8:15 p.m. Application of James D'Aquisto, by R.B. Hudson as agent, 136 Front Street, Greenport, NY for a Variance to the Zoning Ordin- ance, Art. III, Sec. 100:32 for cessory building in frontyard at 3235 Manhasset Avenue, Greenport, NY; bounded north by Reinfurt; west by Sorden; ~outh by Ma~hanset Av~.nue; COUNTY OF SUFFOLK STATE OF NEW YORK Patrici..g Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- man once each week for ............... ~.,~.~, ................. weeks successively, commencing on the .................................... day of ...... ~ ........................ 1 9...~.... ........ : .......... Sworn to before me this ................................ day of LEGAL NOTICE OF HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, the following matters will be held for public hearings by the Southold Town Beard of AP- peals at the Southold Town Hall, Main Read, Southold, New York on Thursday, Feb- ruary 12, 1981: 7:35 p.m. Application of Robert and Diane Gazza, 28.5o _Cedar Beach Read, Southa!d, NY for a Variance to the Zoning Ordinance, Art. III Soc. 100-31 for permiss on to construct attached garage with an insufficient frontyard setback at 28.50 Cedar Beach Road, Southold, NY; bounded north by Cedar Beach Road; west by D. Gazza; south by Cedar Beach Harbor; east by Cedar Beach Harbor and un- known; County Tax Map ID No. 1000-91-1-3.2. _. 7:45 p.m. Application of North Fork MoteL Iec~ William H. Price~ Jr, ~sq., 8~ Front St/'eet Greenport N~ for a Variance (Appea~ No. 2684) to the Zoning hance, Art. VII, Soc. 100-70 for --permissio~n to ch.a~ --m °.t~el~i~va t elv-o~med _ unl~s.(or condominium) uae4n _.~ ~ Zone. Locat on of Prol~r- ~tj(: CR 27 and Soffnd~;i~w ' ~,-southold; bo~d~n~rth . ~emoer Zoch and Lar- County Tax Map ID No. 1000- 1~29/80)~ 8:00 p.m. .~pplieation of Albertson and Katz, Main Road, Southold, NY for a Variance to the Zoning Ordi- nance, Art. VI Soc. 100- 70A(1)(d), and Art. VI, Soc. 100-62F for permission to con- struct addition to existing building with an insufficient rearyard setback at the South Side of Main Road (S.R. 25), Southold, NY; bounded north by Main Read; west by Mul- led; south by Finne and Lu- cey; east by Locust Ave., County Tax Map ID No. 1000- 62-3-21 and 22. 8:15 p.m. Application of James Aqmsto, by R.B. O~ · Hudson as agent, 136 Front Street, Greenport, NY for a Variance to the Zoning Ordi- nance, Art. III, Sec. 100-32 for permission to eonstrurt ac- cessory building in front yard at 3235 Manhasset Avenue, Greenport, NY; bounded north by ReinfUrt; west by Sorden; south by Manhnsset Avenue; east by Pell; County Tax Map ID No. 1000-43-1-8. 8:25 p.m. Application of Robert T. Bayley, 56 West 16 Street, New York, NY 10011, by Robert W. Gillispie III as agent, for a Variance to New York Town Law, Soction 280-A for approval of access to property located on a private right-of-way off South Harbor Read, Southold, NY; bounded north by Stewart and Blake; west by Paul; south by Bay; east by Ballenger; County Tax Map ID No. 1000~7-1-21. 8:35 p.m. Application of Michael Caprise, No. 8 the Pines, Old Westbury, NY for a Variance to the Zoning Ordi- nance, Art. III, See. 100-32 for permission to construct ac- cessory building in front-yard area at 345 North View Drive (a/k/a 370 8outl~ ¥1ew Drive), Orient, NY; bounded north by North View Drive; west by Robertson; south by South View Drive; east by Wilson; County Tax Map ID No. 1000- 13-1-9. Dated: January 22, 1981. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS CHARLES GRIGONIS, JR., CHAIRMAN COUNTY OF SUFFOLK, STATE OF NEW YORK, ? ss: ...I).a..vj_.d..H.,. fl.a..1.k.e..r ................. being duly Sworn, says that .he ..... is Printer and Publisher of the SUFFOLK WEEKLY TIMES, a newspaper published at Greenport, in said countw and that the notice, of which the annexed is ~ printed copy, has been published in the ~aid Suffolk WeeklT Times once in ec~ch week, for one ........................... weeks successively commencing on the 29th Sworn to before me this . 2.~th .... day of .. J~ua~.y ....... ........... ........... LEGAL NOTICE OF HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, the following matters will be held for public hearings at the Southold Town Hall, Main Road, Southold, New York on Thursday, February 12, 1981: ~ ?~ ~q~ ,~" -~ ~ 7:35 p.m. Application of Robert and Diane Gazza, 2850 Cedar Beach Road, Southold, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to construct attached garage with an insufficient frontyard setback at 2850 Cedar Beach Road, Southold, NY; bounded north by Cedar Beach Road; west by D. Gazza; south by Cedar Beach Harbor; east by Cedar Beach Harbor and unknown; County Tax Map ID No. 1000-91-1-3.2. 7:45 p.m. Application Price, Jr., Esq., (Appeal No. 2684) for permission to 828 Front Street, Greenport, to the Zoning Ordinance, Art. change existing motel use to of North Fork Motel, Inc., by William H. NY for a Variance VII, Sec. 100-70 privately-owned units (or condominium) use in a B Zone. Location of Property: C.R. 27 and Soundview Ave., Southold; bounded north by Soundview Ave.; west by Main, Kemper, Zech and Larson; south by C.R. 27; east by C.R. 27 and Soundview Ave.; County Tax Map ID No. 1000-135-2-23. (Recessed from 12/29/80). 8:00 p.m. Application Southold, NY for a Variance Sec. lO0-70A(1)(d), and Art. of Albertson and Katz, Main Road, to the Zoning Ordinance, Art. VI VI, Sec. 100-62F for permission to construct addition to existing building with an insufficient rearyard setback at the South Side of Main Road (S.R. 25), Southold, NY; bounded north by Main Road; west by Mullen; south by Finne and Lucey; east by Locust Ave., County Tax Map ID No. 1000-62-3-21 and 22. Legal Notice of Hearing - Page 2 Board of Appeals Meeting to be Held 2/12/81 8:15 p.m. Application of James D'Aquisto, by R.B. Hudson as agent, 136 Front Street, Greenport, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-32 for permission to con- struct accessory building in frontyard at 3235 Manhasset Avenue, Greenport, NY; bounded north by Reinfurt; west by Sorden; south by Manhanset Avenue; east by Pell; County Tax Map ID No. 1000-43-1-8. 8:25 p.m. Application of Robert T. Bayley, 55 West 16 Street, New York, NY 10011, by Robert W. Gillispie III as agent, for a Variance to New York Town Law, Section 280-A for approval of access to property located Road, Southold, NY; Paul; south by Bay; 1000-87-1-21. on a private right-of-way off South Harbor bounded north by Stewart and Blake ; west by east by Ballenger; County Tax Map ID No. 8:35 p.m. Application of Michael Caprise, No. 8 the Pines, Old Westbury, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-32 for permission to construct frontyard area at 345 North View Drive Orient, NY; bounded north south by South View Drive; 1000-13-1-9. accessory building in (a/k/a 370 South View Drive), by North View Drive; west by Robertson; east by Wilson; County Tax Map ID No. Dated: January 22, 1981. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS CHARLES GRIGONIS, JR., CHAIRMAN Instructions to newspapers: Please publish once, to wit, Thursday, January 29, 1981 and forward six (6) affidavits of publication to: Board of Appeals, Town Hall, Southold, NY 11971. Copies of Legal Notice 1/27/81: Suffolk Times L.I. Traveler Town Clerk Bulletin Supervisor Board Mr. and Mrs. Robert Gazza William H. Price, Jr., Esq. for North Fork Motel, Inc. Albertson and Katz R.B. Hudson as agent Robert T. Bayley Mr. Robert W. Gillispie III for Bayley Michael Caprise Individual appeal files Z.B.A. members APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR, TT-,q ,'i ',' Tt;T;::LL ROBERT J. DOUGLASS GERARD P. GOEHRINGER doseph H. Sa~icki Southold Town Board of Appeals MAIN ROAD- BTATE ROAD 25 BOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 January 14, 1981 William H. Price, Jr., 828 Front Street Greenport, NY 11944 Esq. Re: North Fork Motel, Inc. Appeal No. 2684 Dear Bill: Enclosed are the photocopies of minutes December 30, 1980 correspondence, pertaining the North Fork Motel, Inc. requested in your to the matter of Please forward $6.00 in payment earliest convenience. (If by check, Southold Town Clerk.) of the photocopies at your please make payable to the Sincerely yours, Linda F. Kowalski Secretary Enclosures APPEALS BOARD MEMBERS CHARLES GRIGOfllS. JR., CHAIRMAN SERGE DOYEN, JR. T'E R R Y--T'~t-T-Ht L~. ROBERT J. DOUGLASS GERARD P. GOEHRtNGER doseph H. Sa~icki Southold Town Board of Appeals I~AIN RCIAO- STATE ROAD 25 ~;OUTHrlLD, L.I.. N.Y. TELEPHONE (516) 765-1809 January 7, 1981 William H. Price, Jr., 828 Front Street Greenport, NY 11944 Esq. Re: Appeal No. Dear Mr. Price: 2684 - North Fork Motel, Inc. At the meeting of the Board of Appeals held on December 29, 1980, you on behalf of North Fork Motel, Inc. presented a docu- ment purported to be an Amended Appeal from a decision of the Building Inspector. At the same time you indicated that you do not wish to withdraw the present appeal pending before the Board. The Board of Appeals deems the so-called Amended Appeal to be a new appeal and not an amendment to the pending appeal. Accordingly, the appeal filed on December 29, 1980 will be deemed a new appeal, and the Board is suspending any action on the recently filed appeal until the filing fee is paid and a new Environmental Assessment form is filed. A new hearing will be held in a normal course of events. Very truly yours, CG:lk CHARLES GRIGONIS, JR. CHAIRMAN fly. ************************************ We, the undersigned, are against North Fork Motel being turned into a 42-unit condominium because it will be in violation of the environmental code; increase traffic; raise the nois~ levelt allow for too many people residing on 1.3 acres of property, thus being in violation of the zoning code;not allowing for ample parking; downgrade adjacent property; and in general be a nuisance to the area, possibly raising the crime rate. We, the undersigned, are against North Fork Motel being turned into a 42-unit condominium because it will be in violation of the environmental code; increase traffic; raise the noise level; allow for too many people residing on 1.3 acres of property, thus being in violation of the zoning code; not allowing for ample parking; downgrade adjacent property; and in general be a nuisance to the area, possibly raising the crime rate. ..... ~' "" ~' '-' ("0/'~ . ****************************** We, the undersigned, are against North Fork Hotel being turned into a 42-unit condominium because it will be in violation of the environmental code; increase traffi&$ raise the noise level; allow for too many people residing on I .3 acres of property, thus being in violation of the zoning code; not allowing for ample parking; downgrade adjacent propertyI and in general be a nuisance to the ~rea,~ossibly raising the crime rate. ~ ~-_- ~77~ ~~. ~/~.~. u~/ I-~-~I We, ~he ~de~si~ed, a~e a~alnst No~h Fomk Mo~sl bsln~ ~nsd in~o a ~2-~i~ condomini~ because i~ will be in violation of · he enviro~en~al code; increase ~raffic; raise ~he noise level; allow for ~oo many people residing on ~ .3 acres of proper~y, ~hus being in violation of ~he zoning code; no~ allowing for ample parking; do--grade adjacen~ proper~y; ~d in general be a nuis~oe to ~he area, possibly raising ~he crime ra~e. **************************** We, the undersigned, are against North Fork Motel being turned into a 42-unit condominium because it will be in violation of the environmental code; increase traffic; raise the noise level; allow for too many people residing on 1.3 acres of property, thus being in violation of the zoning code; not allowing for ample parking; downgrade adjacent property; and in general be a nuisance to the area, possibly raising the crime rate. We, the undersigned, are against North Fork Motel being turned into a ~2-unit condominium because it will be in violation of the environmental code; increase traffic; raise the noise level; allow for too many people residing on 1.3 acres of property, thus being in violation of the zonin~ code; not allowing for a~ple parking; downgrade adjacent property; and in general be a nuisance to the area, possibly raising the crime rate. ******************************* We, the undersigned, are against North Fork Motel being turned into a 42-unit condominium because it will be in violation of the environmental code; increase traffic; raise the noise level; allow for too many people ~esiding on 1.3 acres of p~$perty, thus being in violation of the zoning code; not allowing for ample parking; downgrade adjacent property; and in general be a nuis-W~e to the area, possibly raising the crime rate. ATTORNEY AT LAW 828 FRONT STREET GREENPORT. N.Y. 119,~ December 30, Mrs. Linda Kowalski, Secretary Southold Town Zoning Board of Appeals Main Road Southold, New York 11971 Re: North Fork Motel, Inc. Dear Linda: Would you please supply me with the minutes of the meetings of August 14, 1980, September 25, 1980, October 16, 1980, November 20, 1980 and December 29, 1980. Please call my office to tell us what the fee for the minutes will be, and I will for- ward a check. Thank you for your courtesy and coopera- tion. Very truly yours, William H. Price, Jr. WHP:kam Southold Town Board ppeals -22- December29, 1980 RECESSED HEARING: Appeal No. 2684. Application of North.~ork Motel, Inc., by Sam Rodland as agent, 55 Pilgrim Path, Huntington, NY 11743, for a Variance to the Zoning Ordinance, Article VII, Section 100-70 for permission to change existing motel use to privately-owned units (or condominium) use in a B Zone. Location of property: Corner of County Road 27 and Soundview Avenue, Southold, NY; bounded north by Soundview Avenue, east by C.R. 27 and Soundview Avenue, south by C.R. 27, west by Main, Kemper, Zech, and Larson. County Tax Map Item No. 1000-135-2-23. The Chairman reconvened the hearing at 9:16 p.m. MR. CHAIRMAN: Mr. Price? WI.LLIAM PRICE, JR., ESQ.: I would like to present to the Board an Amended Appeal with the original Notice given to the adjoining property owners. Thank you very much. SECRETARY: Did you check at all with the Town Attorney to see whether or not this had to be filed through the Town Clerk's Office? MR'. PRICE: I did not find out. SECRETARY: I believe amended applications are usually filed through her office--and whether you want to withdraw the original-- MR. PRICE: I don't want to withdraw the other one. I would happy to pay any additional filing fees that are required. That's all I want to do tonight. be MR. CHAIRMAN: For the time being we just set the original one in abeyance? MR. PRICE: That's to re-notice this whole forth in that petition. right, until you decide, I believe you have matter because of the additional grounds set SECRETARY: This appeal is only for part of the property and not for the whole-- MR. PRICE: The both decisions. (Audience asked those speaking to speak so they could hear in the back.) MR. PRICE: I have just stated that I have submitted an Amended Petition on behalf of my clients. We are now discussing whether or not I have to pay an additional filing fee, which I have agreed to do if the event is required. Secondly, I am just explaining to the Secretary of the Board that I am by this Petition appealing the origi- nal decision of the Building Inspector, which stated a condominium use was prohibited, and secondly the subsequent decision of the Building Inspector, whereby the applicant had applied for a Certificate of Southold Town Board of Appeals -23- DecemberS29, 1980 (Mr. Price continued): Occupancy for a motel room as a motel room, and that was denied. MR, CHAIRMAN: ! imagine most of you people in here are here on the North Fork Motel situation. Can I read this to them, Bill, if you don't mind? MR. PRICE: I don't mind. You can do whatever you want with it. MR. CHAIRMAN: This is the appeal that he was just talking about right now. I'll read the thing in its entirety. (The Chairman read the four-page "Amended Appeal from Decision of Building Inspector dated December 29, 1980" in its entirety.) LADY FROM AUDIENCE: What are they actually asking for. When will this be held again? MR. SCHONDEBARE: for the first time and notice. They have just learned about what's in here I think they will have to publish it and give SAME LADY: What are they actually saying? MR. SCHONDEBARE: I think you people will have to read it in the newspaper to figure it out. LADY: This hasn't been published? MR. CHAIRMAN: This right now is not a legal application, today, in that it hasn't been filed with the Town Clerk and-- MRS. ALICE LARSON: They are asking to have them sold individually? The same as they were before, a room rather than a condominium? MR. CHAIRMAN: Well I don't know whether we can talk about that right now. MR. KEMPNEB: Can we talk about the initial application? MRS. HENRY KELLY: If it makes any difference, we are residents of Golden Lane, which is the street behind the motel, and we have kind of a vested interest in what happens to the area, 'cause we're there 13 years as residents. And we don't want to see it go to single units and having 40 families in one little hotel unit. We want it to go on record, I'm sure all of us are in agreement here, as opposing whatever the former application was. I'm not even going to discuss even tonight, I realize that it has to be discussed later, we want it to go on record as opposing the units being sold one room per buyer. SECRETARY: Your name please, ma'am? Southold Town Board ppeals -24- December 29, 1980 MRS. KELLY: Mrs. Henry Kelly, 3 Golden Lane. MR. CHAIRMAN: I think that many of you, probably all of you were here at one time or another before on this thing, so-- MRS. KELLY: It's our first time here tonight. MR. CHAIRMAN: The only thing I could say now is you'll have to watch the paper and see when this is going to be set UP for a hearing. UNKNOWN LADY: Well, can't we be notified as long as we're here now, as long as we can't discuss the presentation tonight. Can't you take down our names and addresses? SECRETARY: It will be advertised in the newspapers and you could always call the office Monday through Friday. MR. CHAIRMAN: Actually the only thing that we could take testimony on tonight would be on the original application. UNKNOWN LADY: We're addressing ourselves to that. SECRETARY: You could always call the office and we'll give you the date. LADY: Fine. MR. CHAIRMAN: Well, we can take their testimony on the old one if they have something they want to add to what they said before on the original application. We'll make it a part on the original application. MR. KEMPNER: Are the adjacent property owners supposed to be notified. So we have not been notified on this latest- MR. PRICE: The notice was sent to you today. I'm not going to talk about the new application. But if you were one of the ad- joining property owners, a certified letter went out to you this afternoon. SECRETARY: May I have your name, please, sir? MR. KEMPNER: Kempner. MR. CHAIRMAN: said on the original will be coming up. Does anyone want to add anything to what they one. It has nothing to do with the one that MRS. KELLY: I'd like to add a little bit more. Mrs. Kelly again. We are adjacent to the North Fork Motel, and since we lived on Golden Lane we also own a few feet of the property on Long Island Sound. And it has been very difficult with the traffic that arrives every Summer Southold Town Board ppeals -25- DecemberS29, 1980 (Mrs. Kelly continued): with the business, I mean, with the people that arrive at the Motel. And I'm wondering what it's going to be like if we have one family per room, not only buying into the motel but also using the 50 or whatever feet they have of beach now. We've had to on occasion call the police, to kindly have people not camp upon our beach. We feel if we're taxpayers of Southold, and we own the property on the beach, we feel we have a right not to have people encroach upon our private property which is the beachfront, too. Now we're very concerned about if they're going to sell these areas as one room for a buyer, what are we letting into the area? We're very concerned. We have a big investment in this area--we're there 13 years. And it has grown, it has gotten to look very prosperous, very nice-looking. We're just wondering what's going to happen to our investment. That's my concern. JULIA FULY: It's going to be a common beach? MR. CHAIRMAN: The beach and whatever rights they have now probably. It would be the same. MRS. KELLY: The same problem, only multiplied by 40, times how many in a room. MR. CHAIRMAN: Mr. Price, will there be beach rights on the original application? MS. FULY: How many feet of beach? MR. PRICE: I don't know. About 50. MRS. KEMPNER: Can I ask you something? Now who controls--now you have a corporation or whatever it is, a partnership, owning that motel controlling what happens in that area. Who is going to be the controlling factor once you sell each one of the those, if you do. Each one of those rooms to individuals--who controls them? Who con- trols the whole area? Who controls the beach area? Who patrols it; who cleans up? Everybody just goes and does their own thing, throws garbage over in my backyard? You know? And also, I also think that any kind of a business property should be separated from private property, with some kind of fence or barrier. Isn't that true? If there's parking right there--there's usually some kind in the ordi- nance. I don't kQow. I think there is, that there should be a separation between private property and business property. Shouldn't they? There isn't. My yard backs right up into the motel's parking lot. I'm Mrs. Kempner; I'm right by the-- MR. CHAIRMAN: I've got an idea just where you are. MRS. KEMPNER: So, you know, I want to know who is going to control all this, this mass amount of people, each one having their own private little thing. Who controls it? Southold Town Board of Appeals -26- December 29, 1980 MEMBER GOEHRINGER: Mrs. Kempner, to answer your question, at this particular time I don't think we've gotten any testimony on these gentlemen on exactly what will happen. I would assume, and I'm not here to make any determination on this, you have a gentleman here from the Nassau Point Association, I would assume an association would be set up. We have no knowledge of that at this particular time. MRS. KEMPNER: And I, also as an environmentalist, would like to know exactly how many people will be in each one of these units, and how much water will be drawn, and how much sewage will be put into the cesspool, and what that cesspool could hold. I want to know all of the facts for something like this. An adjoining piece of property is just loaded with someone's investment to get whatever they can get out of it ( ) with the resident. That I would like to know. MR. CHAIRMAN: That's something the Health Department will have to settle. MRS. KEMPNER: Definitely. I want the Health Department in on it, too. MR. CHAIRMAN: They'll be in on it, no matter what happens. Anyone else? MR. FRANCIS RIZZO: Is all this going to be spelled out somewhere on what they propose, whether these are going to be summer residences or whether they're going to be yearround residences, whether, if it is a permanent residence will they have kitchen facilities? In other words-- MR. CHAIRMAN: Mr. Price. MR. PRICE: I can talk about that. And I've gone over it once before. These are not to be dwelling units. These are not to be units for people who live in the units as residents, a living unit, a dwelling unit, whatever you want to call it. They are to be motel rooms, to be used as a motel room would be used and that's all. We are not planning on putting cooking facilities in,.nor would the individuals be permitted to put kitchen facilities in. I don't, you know, I get the feeling that everyone is assuming that the people that would be coming in are going to be lawbreakers. That's the wrong-- AUDIENCE: No. (Out of order and could not pick up statements. MRS. LARSEN: The people that live there now never go out to eat, in the last many summers. They keep their coffee pots; they keep their sandwiches. They have a hibachi where they cook there, and that's the way they live. And you can't tell me they're going to change any of this. They do their cooking there. MRS. FRANCES RIZZO: I live right in back of the motel and I have them all summer on my beach, and they do anything they want to · Southold Town Board of Appeals -27- December 29, 1980 (Mrs. Rizzo continued): do and we can't do anything about it. MS. ANN AMIAGA: I have a piece of property adjacent to the motel beach-- MR. CHAIRMAN: Your name please, ma'am? MS. AMIAGA: Ann Amiaga. A small strip of 40' between my property and the motel beach, and there is no way-- we don't even go there during the summer. Never on the weekends, occasionally during the week. They just are uncontrollable, and if you ask them to leave. I mean, I pay the taxes, they don't. If we ask them to leave, or move themselves down to the motel beach, they become ar- rogant, they curse. I mean, I don't want my children growing up and listening. I bought this for the enjoyment of my family, and we can't enjoy it. And if these people are going to be owners; they are going to take over more than they take over as a motel tenant. MRS. KELLY: I would like to add to that, because this has been our problem for 13 years being on the beach.. A family will rent one of the motel units, and they have about 20 people using the motel room. They bring the boats, they rent the boats from the Southold Fishing Station for whatever they do. The boats are on our beach, they are casting the lines over our heads, and we have children. We're very much concerned. Why should we give up our private property for a business venture next door? We moved to Southold for the peace and tranquility of this area, and if we have to put up with 40 families with 10 people per unit, and the friends and relatives, what are we opening ourselves up to? That's what I wanted to ask. I think it's tremendous if the Town is considering granting them this permission to do it. MR. CHAIRMAN: Anyone else? I'll decare this-- MR. HENRY KELLY: Could we have the group go on record represent- ing what they have just said--we all agree with them. I didn't say it for myself specifically. We want it saying, including these ladies in. the back, I want my name added to the list. MR. CHAIRMAN: Your name, sir? MR. KELLY: Henry Kelly. MR. CHAIRMAN: Anyone else want their name going down? JAMES FOLLY: James Folly. MR. CHAIRMAN: I'll declare the hearing closed -- no, just recessed. Thank you for coming in. I don't know if we can set a date for this. We'll have to check out whether it's going to be continuing the application, and it will be published in the papers, and that's the only way. Southold Town Board ppeals -28- December 29, 1980 LADY: In the Mattituck paper? SECRETARY: Long Island Traveler-Watchman-- MR. CHAIRMAN: And the Suffolk Times. GENTLEMAN: Is this usually an evening meeting or what, because we travel a great distance to get here. I wouldn't want it to be 11:00 on a Tuesday morning or something. MR. CHAIRMAN: No, no. SECRETARY: Night meeting. MEMBER DOUGLASS: We're night owls. MR. CHAIRMAN: Most of us have to struggle and work, too-- LADY: Work, too. MR. CHAIRMAN: Thank you very much for coming in, but th'at!s very much what the situation is right now. It's recessed indefinitely until we find out when this one goes on, and then we'll take it up from there again. MEMBER GOEHRINGER: Seconded. MR. KELLY: Will the objections that we had made and the statements we had made be put into that statement? MR. CHAIRMAN: It's all part of the record. MR. KELLY: In the event we can't reappear. MR. CHAIRMAN: Everything you said tonight, even if]you said something not nice maybe. MR. SCHONDEBARE: The objections tha% they raised tonight are with regards to the previous application. You got a new application. Are you going to carry over their objections to the new application? MR. CHAIRMAN: No. They just pertain to the original application. MR. SCHONDEBARE: So you realize your objections only pertain to the old application, and not the new application. LADY: We have to come in again. MR. SCHONDEBARE: They have to come in and register again. MR. : May I ask a stupid question? What's the differ- ence in the two applications? Southold Tow~ Board of Appeals -29- DecemberS29, 1980 MR. SCHONDEBARE: That's what he just read. he just read. Three pages. The long thing MEMBER DOUGLASS: Mr. Price? MRS. : It was terminology of a motel room as opposed to a private-- MR. CHAIRMAN: Excuse me. Excuse me. MR. PRICE: Mr. Douglass has a question for me. MEMBER DOUGLASS: said, in stopping the for a new appl. ication My question is to you to answer what he just carryover of their testimony. Are you asking or just an amendment to this one? MR. PRICE: It's an amendment to this one, which couples in a new item. MEMBER DOUGLASS: Yeah, so it's the same application? MR'. PRICE: Partly. MEMBER DOUGLASS: Still the same application with an amendment? MR. CHAIRMAN: Right. The amendment is new. MEMBER DOUGLASS: So if that's the way you would put it, I would say their testimony would carry over. If you are putting in a new application, which may well be the case that you have to, we'll have to find out-- then it wouldn't carry over. MR. SCHOENDEBARE: Well I would like to agree with you and have their testimony carry over onto the applications as against it. Are you telling me that you're all going to vote and say yes it is, or no it's not, so these people will know one way or the other. I mean tonight, otherwise we're not going to know at all. MEMBER DOUGLASS: You can't. MR. CHAIRMAN: No. MRS. : Are our objections going this is not a new application, but only the ment, like this gentleman says, the lawyer? to be carried over because application with an amend- MR. CHAIRMAN: Whatever has been said today is in the record, and that'll stay there. MRS. : No, but I mean, when this application, when we get, we'll get it when we go home--he said it was sent out today--we'll get it this week. Now, do we have to come back again to restate these objections as this, assuming this is a new application. This isn't though. It's the same application. Southold Town Board ppeals -30- DecemberS29, 1980 MEMBER DOUGLASS: We don't know whether that can be or not though yet. MR. SCHONDEBARE: It would be_.~ery nice if you all did come back again. You can write letters. Being here orally, expressing here is much better. MR. J. FOLLY: The notice that we get in the mail, does that describe the whole thing? MEMBER DOUGLASS: It will tell you if it's a new application,:the paper will, because if it's a new application it will have a new number. That if it has the old number, it's just part of the old application. MEMBER SAWICKI: Aye. MEMBER GOEHRINGER: Aye. MR. CHAIRMAN: Aye. MEMBER DOUGLASS: Aye. The hearing was declared closed. On motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, that the hearing be recessed, and the )e~gal ment for a new date be advertised in both the Suffolk Times Long Island Traveler-Watchman when appropriate. advertise- and Vote of the Board: Ayes: Messrs. Grigonis, Douglass, Goeh- ringer and Sawicki. Absent was: Mr. Doyen. RESERVED DECISION: Appeal No. 2765. Application of Peter V. Izzo, 919 Harlane Circle, North Bellmore, NY 11710, for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for approval of insuffi- cient area and width of two proposed parcels located at the west side of Pine Tree Road, Cutchogue, NY; more particularly known as Lots 34 and 35A, Map of Nassau Farms, Map No. 1179; County Tax Map Item No. 1000-104-2-9 and 10. The findings and determination of the Board are as follows: Appellant has appealed to this Board seeking a variance for per- mission to divide a flag-shaped parcel, containing approximately 30,200 square feet in area, into two parcels, lO,O15 approximately and 20,200 square feet approximately, with insufficient road frontages of 70 feet along Pine Tree Road. Existing on proposed Parcel 35A is a one-family dwelling, and immediately west of same is a neighboring one-family dwelling. Decem'ber, 1980 $cuthold ~o¢,'n Board of Ap:~eals ' ' ' 11971 o~ushola~. .~6,~ York, Attention- Secretary Re: ~-ermi~sio~l to exch~nge ~,~otel Dnits _t Lorth Fork ~Lotel to priva8ely owned C o-~ ~domimiums. the The £ollowino~ neighborhoo~ people ~,',o~ld like to be on reoord before the December meeting st ..tii~S their ob- jections to the sale, a~s it is ~-~o~{ i>resented. i, otel in, its, forty-two i~ll, to be sold to i~dividmal owl~ers. Ther~ weald be lye objecZio~s ii' the tuiits were combined into co~domimitu;as prior 'to s~ale, possibly fifteen tu~its i~i all. ddi, r~. Henery Kelly f~I,lz's. J~es ~oley gldro. Jilliam Bauer 6t~Lrs. Lartin Quir~ ~I,~rs. ~tanley Kempner Tess Czech Alice Larsen pez~aissioz~ %'rom a~ll of the above to send Zhis letter. K JUDITH T. TERRY · TOWN CLERK REGISTRAR OF VITAL STATISTICS Southold, L. 1., N. Y. 11971 March 20, 1980 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No. 2684 application of North Fork Motel by Sam Rodland for a variance. Also included are notification to adjoining property owners as follows: Daniel Charnews, Youngs Avenue, Southold, N.Y. 11971; Eva M. Main, Box 106, Mattituck, N.Y. 11952; Stanley Ekmpner, 1449 Sycamore Ave., North Merrick, N.Y. 11566; Theresa Czech, 6917 62nd Road, Middle Village, N.Y. 11379; Arnold Larsen, North Road, Southold, N.Y. 11971. Town Clerk (/ JTT/bn cc:file FOR~ NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No ................................................................. Dote FEE~ 13 ~9~o ,~o, bE--~eTl- ~Lr*ctZ ~oc/~FuJ.~ ~-~'~, NY' / I.~'-7o PLEASE TAKE NOTICE tho,~t your application dated .~...°<T4~!~dt.) ................... F..~-.~.~. ....... '.., ........ ~o~ permit to ~,,~'. ....................................... ~t the ~re~ses locoted ot ~.~.~.~.~?.~.~Z..*..../~~ ~7 ~,..'..~..°...~0.~....F./.~ZE..~..~:..c. ................. ~treet ~U ~ ~ Mop .................................... Block ............................................ Lot ................................................ is returned herewith ond disopproved on the follow;n§ grounds ..~.I.-~i.?.!..N....(.".......~...°..T.~-...L'........c).~.~.., ~.,.r..,..~'..~....~.0..0..~ ...... ~.~....~..~.~..~:.~..~.."......~.-c~..".~...~.~.r~.....~.~!~..~.~.~.?. I ................................................................................................................... :"<i ........ ~, ............................ ~.!.c.L*.....E...E.?..T......~.,.~ED.....~G.~.Z~.'~.,.~.? us~ I~ ri~ts ~ ~o~ ~ Buildin~ Inspector County Road 27A and Soundview Ave. Southold, L.I., N.Y. 11971 (516) 765-2080 Feb. 11, 1980 Bldg. Dept. Southold Town Hall Southold, L. I. N. Y. 11971 Att: Mr. Fisher, Bldg. Inspector: Dear Sir: We have been Builder, Owner, operators of~ the North Fork Motel for the past 16 years. As of late (past few years) some of our steady cliental have expressed a desire to purchase a unit outright. Therefore, we hereby apply for approval to do same. Any other information would be greatly appreciated. Please address correspondence to the Ed. Laakso 22 De Mort Place Rockville Centre, L. I. N. Y. 11570 following. Sam Rodland 55 Pilgrim Path Huntington, L. I. 11743 N. V. Very truly yours, E~.. VLaakso ~ by,McNeill; east by Village .~Lane; C~ v' Tax Map Item --- LEGAL NOTiCE .~':. ~?~No. 1000-~, ..14. .. ' .~.~..,: ' ~u~e ' : '~- 8:30 p.m. Application of ~ Marianne Weft Sku~ ~ne NO~CE IS ~REBY .. ~,.. GI~N ~,,~...* +~ ~,~ ~mcnogue, ~ (by Rudolph ~- ~' ~ -~ ~'-"~ .... ~':Y" ~ H B~er, Esq.) fora Var~nce Provisions of the Amend~ ~:~ to the Zomng O~nce Art. C~e of the Town ~S~old -_./~ III, ~. I~30(C)(1)(c) and · · Art XIV, ~ l~141(B) for t~t the foll~mg matte~ wall ,~';..' · . ~ held for public hearings by .:~':~:: ~rm~?n t~ ~blis~ ho~e ....... ~ the S~old Town B~rd of ~:~f~cu~hon ~ a ~dential N~ OF ourr~ ~ . Ap~als at ~e Town Hall, ~'-~ area ?c~ng ~% of thet~ OF ~W YORK, ~ Mon-~--~-'~, ~....~r~'L~'~o, ~:"~'"~ ~.~building~ and a Var~nce for ...... >Approval of Acc~ NY~O~ ~S~RVSO~ ' ~ y n 7.35 p.m. Apphcatmn of : · · . ................ ~m dui Swot Peter V. Izzo, 919 Hat ane ' '?~ ~own ~w, S~. ~A. L~a- ~ ................. Circle N Betlmore, ~ 11710 ~ hon.~f pro~rty~R~ght-of-way ~ ~at ~ is Printer ~d PubHsh~ of ~e SUFFO~ '. . ~,~f me w~t sioe of Y~ngs, ' "' for a Varmnce to the ~mng ~'~' v ' · . I area and width of two prop~- , ~ oy ~r~l south by ~+... ~.a ~ ' hich ~e anne~ Is ~ rint~ ~ ~ro~l~ s~-,~ , ,~ . ' ~?.~evoine. east b~ Hioh. ~.~ ~--~. ...... t the ~otl~, of w p Map of Nas~u Farms, Man : FOR 12/~/80, RE- ~ .......................... No. 11~; County Tax Ma~ CESSED FROM PREVIOUS ~ . . . 1 Item No. I~-1~2-9 and 10 ~.:-MEETINGS: ~ ~1v~ly ~m~e~l~g o~ ~e .......................... p.m. Ap¢icaio, of Roz ]_, December lS Nicholas D Yuelvs 6159 ~' '~ · - ' ,xor approvm [ ~ ................ ~ ...... Br~dway, ~ro~, ~ 1~71 '. of i~ufficient area and ' ~_ _ ~~ ~ . for a Variance to ~e Zo~ng · ' width ~ four pro~ ~r- ~ ....... ~~:; ~ ~. ~ ......... Ordi~nce, Art. III, S~ 1~32 ' ~ :' · cels and for approval of ac- ] . .~. ~ ~ ~ for ~ion to co~tmct ' '~ c~. · ~, ~ tO ~mre ~e lnls ........... , acc~so~ bu~di~ in the ~9:~ p.m: Application ~f Nort~ . ~-----~--- 198~ · frontyard a~ at ~ CR ~ Pork Motel, Inc. for ~r-( OX .. .~u~v~'.... _ · ~, Gr~n~rt, ~; boun~e~ j~'. m ssion to c~nge existing.. ~f~) north by L I Sound' west h~ ~/.~ :motel use to co~ommmm ( ............... ~. .................... Candan; souffi by C.R. ~ ~/~ 9 prlvately-own~-um~ ................................ (Nor~ R~d) east by Atwan; · r~D~~ ~e. . · ..... County Tax Map Item No. '~ .~ TED: D~em~r4, 1~. 1~-i-19. :-- ~-~ - BY ORDER OF 8:~ p.m. Application of ~ ' ~T~ SOUTHO~TOWN HiL[~ g. DE V0E W~bur A. Baldwin, 1~ Nas- ~ BOARD OF APPEA~ NOTARY PUBliC, · .C~AR~S G~N[S JR ~- for a Va~ance~to the T. ~ITDll-3~ -' '. .~, ,,~ Term ~xpsres Zo~ng O~i~n~, Art. HI ~ > ~.'1~31 for ~rm~ion to ..~- co~ct at~eh~ garage with, an ~ficient sideyard set~ at 1~5 Nassau Poim R~d, Cutcho~e, ~; more Point Club Pro~rti~ ~i No. 1; Co~ Tax Map Item No. ~' ~/k ~ ~ ~/~ ~ . 8:15 p.m. Application Jam~ p. ~t~m, ~ Plum Island ~ne, O~t, ~ for a Va~nce to ~e Zo~ng Ordin- ance, Art. III, ~. 1~31 for ~sion ~ co~tmct new dwelling with ~ufficient sid~ ~ - ~ yar~ at 14~ Vflhge ~ne, Orient, ~; ,~nd~ nor~ ~ ~: '~ and w~t ~y G ~m; s~th ~ ' ' LEGAL NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, that the following matters will be held for public heraings by the Southold Town Board of Appeals at the Town Hall, Main Road, Southold, NY on Monday, December 29, 1980: 7:35 p.m. N. Bellmore, NY ll710 Art. III, Sec. lO0-31 width of two proposed Pine Tree Road, Lots 34 and 35A, Tax Map Item No. Application of Peter V. Izzo, 919 Harlane Circle, for a Variance to the Zoning Ordinance, for approval of insufficient area and parcels located at the west side of Cutchogue, NY; more particularly known as Map of Nassau Farms, Map No. 1179; County 1000-104-2-9 and 10. 7:50 p.m. Application of Nicholas D. Yuelys, 6159 Broadway, Bronx, NY 10471 for a Variance/to the Zoning Ordinance, Art. III, Sec. 100-32 for permission to construct accessory building in the frontyard area at 56005 C.R. 28, Greenport, NY; bounded north by L.I. Sound; west by Candan; south by C.R. 27 (North Road); east by Atwan; County Tax Map Item No. 1000- 44-1-19. 8:05 p.m. Application of Wilbur A. Baldwin, 1725 Nassau Point Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to construct attached garage with an insufficient sideyard setback at 1725 Nassau Point Road, Cutchogue, NY; more Point Club Properties Lot No. l; 104-13-2.4. particularly known as Nassau County Tax Map Item No. 1000- Page 2 Legal Notice of Hearings December 29, 1980 Meeting Board of Appeals 8:15 p.m. Application of James P. Latham, 580 Plum Island Lane, Orient, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to construct new dwelling with insufficient sideyards at 1490 Village Lane, Orient, NY; bounded north and west by G. Latham; south by McNeill; east by Village Lane; County Tax Map Item No. 1000-24-2-14. 8:30 p.m. Application of Marianne Weil, Skunk Lane, Cutchogue, NY (by Rudolph H. Bruer, Esq.) for a Variance to the Zoning Ordinance, 100-141 (B) residential Art. III, Sec. 100-30(C)(1)(c) and Art. XIV, Sec. for permission to establish home occupation in a area exceeding 30% of the area of one floor of the main building, and a Variance for Approval of Access, N.Y. Town Law, Sec. 280-A. Location of property: Right-of-way off the west side of Youngs Avenue, Orient, NY; bounded north by private right-of-way; west by Kroepel; south by Reybine; east by High; County Tax Map Item No. lO00-18-1ZlO. OTHER MATTERS SCHEDULED FOR 12/29/80, RECESSED FROM PREVIOUS MEETINGS: 8:45 p.m. 9:10 p.m. Application of Roy C. Schoenhaar, for approval of insufficient area and width of four proposed parcels and for approval of access. Application of North Fork Motel, Inc. for permission to change existing motel use to condominium or privately-owned-units type use. DATED: December 4, 1980. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS CHARLES GRIGONIS, JR., CHAIRMAN Instructions to newspapers: Please publish once, to wit, December 11, 1980 and forward affidavits of publication to: Board of Appeals, Town Hall, Main Road, Southold, NY 11971. APPEALS BOARD MEMBERS CHARLES GRIGONIS, .IR., CHAIRMAN SERGE DOYEN, JR. TERRY ROBERT J. DOUGLASS G~oRARD P, GOEHRINGER seph H. Sawicki Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SnUTHDLD, L.I., N.Y. 11~J?1 TELEPHONE (516) 765-1809 November lO, 1980 William H. Price, Jr., Front Street Greenport, NY 11944 Esq. Re: North Fork Motel, Inc. Appeal No. 2684 Dear Bill: Please be advised that recessed until November 20, the above-entitled matter has been 1980 at 9:10 p.m. Sincerely yours, Linda Kowalski, Secretary Southold Town Board of Appeals -7- October 16, 1980 RECESSED HEARING: Appeal No. 2684. Application of North Fork Motel, Inc., by Sam Rodland as agent, 55 Pilgrim Path, ~ tington, NY 11743, for a Variance to the Zoning Ordinance, Article VII, Section 100-70 for permission to change existing motel use to privately-owned units (or cooperative or condominium use in a B-1 Zone. Location of property: Corner of C.R. 27 and Soundview Avenue, Southold, NY; bounded north by Soundview Avenue, east by C.R. 27 and Soundview Avenue; south by C.R. 27; west by Kemper, Main, Zech and Larson; County Tax Map Item No. 1000-135-2-23. The Chairman reconvened the hearing at 8:07 p.m. This matter was recessed from the September 25, 1980 meeting. MR. CHAIRMAN: Mr. Price he will grant permission waiving documents? is here, and I wonder whether the reading of the legal MR. PRICE: Yes, I will. MR. CHAIRMAN: Do you have anything to add? MR. PRICE: I would like to request another recess. We still have not resolved the question concerning whether or not this should be a cooperative or a condominium on account of the issue concerning kitchen facilities, the problem that has been a bit compounded in that, taking a look at the certificate of occupancy issues for the premises is noted as a certificate of occupancy for a multiple residence and then it says in parenthe- ses motel. After I met with this Board the last time I met with the condominium or cooperative counsel in Valley Stream concerning this project, and I received communications from them again today stating that the situation concerning kitchen facilities is still unresolved. So at this time I would like to ask for another recess. MR. CHAIRMAN: Is there a certain time period you wanted? MR. PRICE: The latter part of November. to be subsequent to November 17th. Are there any from the Board at this Time? (Negative) It would have questions MEMBER DOUGLASS: I'll make a motion that it be granted-- be recessed till the latter part of November. On motion by Mr. Douglass, seconded by Mr. Goehringer, it was RESOLVED, that the matter of North Fork Motel, Inc., Appeal No. 2684 be recessed till the latter regular meeting in · November, 1980. Southold Town Board of Appeals -18- September 25, 1980 (e) This sign may not be erected prior to review by the Suffolk County Planning Commission. (f) This sign permit is terminable at once at the direction of the Board of Appeals of the Town of Southold. Location of property: South side of Main Road, Mattituck, New York; bounded north by S.R. 25, Pumillo, Hallock, Berninger, and Jackson; west by Matt-Agency, Inc., Jarzombek, and Roth; south by Litchholt and Taylor; east by Biliunas, Jackson, Ber- ninger, Hallock and Pumillo; County Tax Map Item No. 1000- 143-3-33.2. Vote of the Board: Ayes: Goehringer and Sawicki. Messrs. Grigonis, Doyen, Douglass, Appeal No. 2684. Application of North Sam Rodland as agent, 55 Pilgrim Pa-~-t-~, for a Variance to the Zoning Ordinance, 100-70 for permission to change existing PUBLIC HEARING: Fork Motel, Inc., by Huntington, NY 11743, Article VII, Section motel use to privately-owned units (or cooperative or condo- minium) use in a B-1 Zone. Location of property: Corner of C.R. 27 and Soundview Avenue, Southold, NY; bounded north by Soundview Avenue, east by C.R. 27 and Soundview Avenue; south by C.R. 27; west by Kemper, Main, Zech and Larson; County Tax Map Item No. 1000-135-2-23. The Chairman opened the hearing at 9:18 p.m. by reading the appeal application, showing notice of hearing and affidavits attesting to its publication in the local and official news- papers, Notice of Disapproval from the Building Inspector, and letter from the Town Clerk that notification to adjoining property owners was made; fee paid $15.00. MR. CHAIRMAN: We have a section of the County Tax Map and survey of the property itself. It sets right in a triangle between Soundview Avenue and County 27A. Is there anyone here, Mr. Price, I understand who 'is going to take the floor? WILLIAM H. PRICE, JR.: For the record I'm William H. Price, Jr., an attorney in Greenport. I have been retained by North Fork Motel, Inc. subsequent to the making of this initial application. Before I proceed, I would like to inform the Board at this time that I would like to make a short pre- sentation this evening, I know how the time of hearing is important to the Board, and request a recess to your next meeting to come forth with more. The reason for this request is that after reviewing the file that you have before you, I '/~° not believe that it is really clear what this applicant Southold Town Board of Appeals -19- September 25, 1980 (William H. Price, Jr. continued): proposes to do. Now, it says in the application that he is requesting condominium or individually-owned units. After discussing this matter with my clients, it appears that what they are intending on doing and what they would like to do is more of a cooperative venture, whereby the shares of stock in the North Fork Motel, Inc. would be conveyed out to individuals-- the stock itself would be in conjunction with the conveyance of the stock each shareholder would thereupon receive a perpetual lease for one of the units. What they envision is no change really to the use. It's really a change of ownership. Now, questions have arisen as to whether or not this proposal would be approved by the N.Y.S. Attorney General. All cooperative and condominium projects in the State of New York are required to file a prospectus with the Attorney General's Office which is a very lengthy and technical document in there--some regula- tions in there that may not be able to be met. But as I said and as the application stated, there are no plans at the moment to change the physical plan, and in actuality there is no true plan to change the use. What is further envisioned is that these individual shareholders with their perpetual leases will have the right to turn these units over to a management corpora- tion and the units will be rented out just as though they were motel or hotel rooms. individual shareholder that individual wanted the night. So, that's that were approved, if However, the individual could--the could use that particular unit whenever to without having to pay any rent for basically what we're proposing. If that could be approved by the Attorney General's Office, then what we would have would be a situation more analogous to a hotel as opposed to actual condominiums or cooperatives. Your definition of a hotel is basically a building occupied as more or less temporary abiding place of individuals who are lodging with or without meals in which there are more than 10 rooms usually occupied singly, and then which no provision is made for cooking in any room or individual apartment. This is as opposed to a multi-family use or a multiple-dwelling use. Dwelling under your zoning ordinance is defined as a building or portion thereof-- well--I missed that. Dwelling unit is defined as a building or entirely self-contained portion thereof containing complete housekeeping facilities for only one family. At the moment we don't envision o-f putting in housekeeping facilities. No stoves and refrigera- tors and things like that. And it goes on, the definitions state that a house trailer, boarding or rooming house, convalescent home, fraternity, or sorority house, hotel, motel and lodging or nursing or other similar home or other similar structure shall not be deemed to constitute a dwelling unit. So you see that if the Attorney General will permit such an arrangement as proposed, it really is no change of use. Now I am at a loss as to the exact procedure that the applicant should be following before this Board and I feel also the Planning Board. There are no actual provisions in your Zoning Ordinance to deal with a situation like this. However, if this were a proposed multi-dwelling project, Southold Town Board ppeals -20 September 1980 we would then need a use variance, because we would have dwelling units. And if it were under either one of your multi-dwelling zoned provisions, we would have to go before the Planning Board for site plan approval. If it were construed more analogous to a hotel, that would be a permitted use under the current zoning, which is B-Business. But it would be subject to obtaining a special exception from this Board determining whether or not such a use would be appropriate, and then the details would have to be ironed out before the Planning Board. So I'm not truly sure as to how we should be proceeding at this time. I tried to contact your Town Attorney, and he appears to be out of town at the moment. Would any of you have any questions concerning what we're asking for? MEMBER GOEHRINGER: Mr. Price, when this was first brought up to me, I immediately wanted to know if anything like this existed in the Town. And you I think just answered that ques- tion by saying there is no provision, so therefore it probably doesn't exist. My question to you is the closest thing I could consider it to would be that of Commojanal Point, ok? MR. PRICE: Yes. MEMBER GOEHRINGER: Which is basically a corporation of 13 acres of some 12 owners own individual dwelling units, and each person owns them collectively and then they lease them back. MR. PRICE: Perpetual lease. Yes. MEMBER GOEHRINGER: Right. Now, is it something similar to that? MR. PRICE: Yes, it would be. It's the same form of ownership. However, when Commojanal Point was formed, which I believe was either 1912 or 1914, I can't remember the exact date, there was no uniform condominium and cooperative act throughout the States and they did not have to conform with such regulations that we do today. They were also areas, I believe, in the section of Westchester's County that became part of Brooklyn, where there are also such ownership forms that predated this uniformed act. Mr. Doyen, do you have a question? MEMBER DOYEN: I just wondered why you simply just couldn't have 41 owners? Are there any of the laws that say you can't have 41 owners? MR. CHAIRMAN: They're trying to get it from the Attorney General. MEMBER DOYEN: I mean a more simple way--just 41 owners? Two people can own it, can't they? Southold Town Board of Appeals -21- September 25, 1980 MR. PRICE: Well, you see--they have this uniformed act, and there is a possibility that you could have long-term leases for each one of the units, and there would be technically no problem. However, the Attorney General would view that as an end run around his regulations. There are two different types of ownership. There is the condominium ownership where everyone actually has an ownership interest in the actual unit that they are in, and they can mortgage it, and liens can be filed against that particular unit. In the cooperative type of ownership, you can't go out and get financing because the en- tire complex has to be mortgaged. You can't have an individual mortgage on an individual unit. And one of the advantages of having a cooperative endeavor is that the property can be depreciated, and each one of the individual owners can take their pro rata share of the depreciation each share, and it can be set up in various numbers of ways concerning what can be done with a particular unit--do they need approval of the Board of Directors to do something different with it--can you own two adjoining units--how many votes you get--what kind of dues there are--must you participate with the management. Those are the different types of items that have to be dealt with with the Attorney General. Before this Board, we have to ascertain whether or not this is in and if it is a change in use, is it an this particular area. One point that s that this triangular piece as it was re of business district up on the North Ro next to it isn't business. Across the And if that is the case we run into the fact a change of use; appropriate use for hould be mentioned is ferred to is an island ad there. The property street isn't business. next question, that now then is it a nonconforming use? If it's a nonconforming use, we would have the right under your zoning ordinance to upgrade that. And a multi-family dwelling is an upgrading of a hotel and a motel. But what my clients want to do is to cooperate fully with the town and let them know exactly what we're doing on every step that we take so that there are no hard feelings established, and we can work in conjunction with one another. This type of ownership is becoming prevalent on the South Shore; and it is merely a matter of time before it starts to become more prevalent over here. And if we can work together to establish proce~ures in this particular ins'tance as to how it's developed, I believe it would be good of course for my clients and it will also be for the better of the Town. MR. CHAIRMAN: Right. MEMBER GOEHRINGER: Can I ask one more question? Is there any chance of this building being sold to an international corporation, like Time-Sharing Inc. or any of these large con- glomerates that sell individual units--or at least individual units on tremendously long-term bases to individuals interna- tionally? MR. PRICE: I don't know. I believe those types of Southold Town Board of Appeals -22- September 25, 1980 arrangements are done in conjunction with the managing body so that if you, for example, the travel business--you can sign up for travel clubs and buy two weeks a year at a number of loca- tions by signing up. What will happen to the ownership in the future, I can't tell you. There are no plans at the moment to do anything along those lines; but as you are well aware of zoning regulates the use and the development; and the ownership is something that's completely beyond the control of the govern- ment. MEMBER GOEHRINGER: No, I just meant were we going to expect to have a more of a transient group living in there under this particular proposal rather than the transient group that uses it now. MR. PRICE: No, I would imagine that it would be either approximately the same where the lessors of the units would be coming out and possibly spending their vacation, and thereafter the units could be used just as though it was a motel. By driving into the parking lot you wouldn't be able to tell if it was a motel or a coop. It's just the way it's owned; and how it's managed we don't envision any more of a transient use and possibly less of a transient use. MR. CHAIRMAN: You also know this will have to go to County Planning too? MR. PRICE: Yes. But this is our first step to determine how we should go as far as the Town is concerned, and bring it to your attention that there has been a negative declaration by you as the lead agency under the SEQRA provisions stating that you did not feel that this change as proposed would have any detrimental effects on the environment. And I do not believe, as in the normal case where you have multi-family units going into an area where there were residential or a low density area, I do not believe that this will put any additional burden on water or sewer or fire protection or any of the municipal services that are provided at that location. We're not going to have an ~ncrease in population because of it. Is there anything else <hat-- MR. CHAIRMAN: Do any of the members have any more ques- tions? (Negative) MR. PRICE: Now, may I suggest that you allow me to write to Mr. Tasker to obtain an opinion as to how we should proceed from this point on? MR. CHAIRMAN: If you don't we will. MR. PRICE: Well I will do that. And I will request from Mr. Tasker an opinion, and we will work with you. MR. CHAIRMAN: And you want to recess this until you-- Southold Town Board of Appeals -23- September 25, 1980 MR. PRICE: Because it's recessed we do have to establish a date this evening, otherwise the notices will have to be republished. So if you would give us a date, if we have determined a procedure by that time we will proceed by that time--if not we will ask for another recess at that time to save the publication costs. MR. CHAIRMAN: Will 30 days be enough for you? SECRETARY: If would be better to set it for a regular meeting date. MR. CHAIRMAN: The next one will be November 6th, I think that this- MR. PRICE: Do you have one late in October, I'm not going to be in Town the first-- MR. CHAIRMAN: October 16th and the next one will be in November (6th). MR. PRICE: Ok, why don't we put it down for the 16th, and if Mr. Tasker has come up with an opinion by that time, we will try to proceed at that time. If not, well we'll just ask for another recess at that time. We have to determine first what we're doing here before this can be referred (to the County Planning Commission) and just giving them the papers that you have in your file. I don't believe that they're going to understand what we're asking for. MR. CHAIRMAN: And I think we'll turn this to our new member too. MEMBER GOEHRINGER: Are you going to make a motion, Mr. Chairman? MEMBER DOUGLASS: You have to hear the rest of the people first. MR. PRICE: But I said at the end that I was going to ask for a recess. Now I will be here, and Mr. Laakso is here as well in case anyone has questions of us. MR. CHAIRMAN: Is there anyone else here that would want to speak in favor of this? Anyone here to speak against it? If not, I'll offer a resolution recessing this until October 16, 1980, and if everything is not ready we will recess it further from that time. Southold Town Board of Appeals -24- September 25, 1980 On motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, that the matter of North No. 2684, be recessed until the October of this Board. Fork Motel, Inc., Appeal 16, 1980 regular meeting Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Douglass, Goehringer and Sawicki. INFORMAL DISCUSSION: Appeal No. 2736. Application of Fanny Behlen CommunitS Health Center, P.O. Box 659, Greenport, New York for a Special Exception to the Zoning Ordinance, Article III, Section 100-30 for permission to erect an ambulatory care clinic on residentially-zoned property located at the south side of Main Road (C.R. 28; also C.R. 27), Greenport, NY; County Tax Map Item No. 1000-40-3-3.1. Mrs. Sherley Katz appeared before the Board as to what steps should be taken concerning the project proposed for the Fanny Behlen Community Health Center. On August 14, 1980 Abigail A. Wickham, Esq. filed the Special Exception in behalf of the Fanny Behlen Community Health Center. On August 15, 1980 the Board of Appeals made a resolution referring this project to the Southold Town Planning Board for site plan consideration inasmuch as their department is also involved. On September 22, 1980 Building Inspector George Fisher upon referral of the site plan from the Planning Board reflected his comments in a letter to Mrs. Katz. Also, noted on the site plan is the question of insufficient frontyard setback per Article III, Section lO0-30B(4)(a). In checking with Mr. Fisher, it appears that variances also will be required. Mrs. Katz said the reason, briefly for the way the plan is, is because of the contour of the land and angling the building in order to get into the parking and escape the north wind, as well as making use of solar energy for the hot-water system. Mr. Fisher had indicated that there was a question as to which way the Code should be interpreted for this type of project and that the Board o~ Appeals should determine which is the proper permit--a variance or a special exception. Mrs. Katz asked to have this(these) matters scheduled for the October 16th meeting because they are meeting with the con- struction people October 3rd and are anxious to move on it. Mrs. Katz said she would have the additional application (variance) filed on Monday if the Board would consider it for the agenda for October 16, 1980. The Chairman said the Board will be calling a Special Meeting soon. APPEALS BOARD MEMBERS CHARLES GRIGONIS, .IR., CHAIRMAN SERGE DOYEN, JR. ROBERT .I. DOUGLASS GERARD P. GOEHRINGER Joseph H. Sawicki Southold Town Board of Appeals MAIN ROAD- STATE ROAD 2S SOUTHOLD, L.I., N.Y. llg?l TELEPHONE (516) 765-1809 October 9, 1980 Esq. William H. Price, Jr., Front Street Greenport, NY 11944 Re: North Fork Motel, Inc. Appeal No. 2684 Dear Bill: This will confirm that the above-entitled matter has been recessed until October 16, 1980 at 8:05 p.m. Sincerely yours, Linda F. Kowalski Secretary Southold Town Board of Appeals SOUTHOLD, L. I., N. Y. 1'19'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., Chairman SERGE DOYEN,JR. TERRY TUTHILL ROBERT J. DOUGLASS Gerard P. Goehringer August 15, 1980 William H. Price, Jr., Esq.~?~/0/~ Front Street Greenport, NY 11944 Re: North Fork Motel, Inc. Appeal No. 2684 Dear Bill: This letter is to confirm that the above-entitled matter has been adjourned until the September 25, 1980 regular meeting of this Board, pursuant to the request of the applicant (Ed Laakso). Sincerely yours, B±nda Kowalski Secretary Telephone 7~m~o8o " ~ORTH FORK MOTEL SOUTHOLD, N. Y. )1971 A~ ..... I~, 1; 0 occured bi,; ,You. Very ~ru]lr ronrs, Telephone 765-2080 NORTH FORK MOTEL SOUTHOLD, N. Y. 11971 ~er.¥ tr~u!.y ~ ours E, Ls~kso !{OLD CODE fformS with the "Bulk and p~-,.~ this chapter by reference, ~,~.~ ~.~ 'h regulations were set forth b~ ~ i['I'ICLE X "" mp Cottages and Traileva~ ~stahlished, maintained or opet,t~g tnt, tent house, camp ccupied as a place for li~Sng, or is not made, be erected or by the Town Board pursuant mp Ordinance, dated June 30. ilers or house cars. ~er provisions of this chapter. · car may be located outside d bv the Town Board nnd )res~ribed by the Town Board. ~ deemed to apply to the tempotar~ '~ : of the Boy Scouts of Amcrlc~ ~ '~:~ ,r other such organizations unCk~ t~ fid organizations, respectively. \R'?ICLE XI wral Regulatioas ,etlon shall apply in all district-~- advertising display or structure. e erected, moved, enlarged or expressly permitted in this zONING § 100-112 ,~ 100-110 B. The following types of signs or artificial lighting are prohibited: (1) Billboards. Flashing signs, including any sign or device on which the artificial light is not maintained stationary and constant in intensity and color at all times when in use. [$) Signs which compete for attention with, or may be mistaken for, a traffic signal. (4) The outlining by direct illumination of all or any pdrt of a building, such as a gable roof, side wall or corner. (5) Signs made out of cardboard, paper, canvas or similar impermanent material. ? ,~ § 10;).111. Continuation of existing signs. . . . No~withstanding any other provisions of this chapter, any sxgn ,, in existence at the effective date of this chapter, as first enacted · ,,* in 19~?, which does not conform to the provisions of this chapter, ~ha. within five (5) years from such date, be discontinued unless ~ts cc. ntinuance is authorized as a special exception by the Board oi Appeals as hereinafter provided. ~ 110-112. Off-street parking areas. ' ~f-street harking spaces, open or enclosed, are permitted ~'~ ~ --~ct to the following provisions: L~ory to any use, su~ A. Schedule of parking requirements. Accessory off-street parking spaces, open or enclosed, shall be provided in all --~ use districts for any use specified below. Any land which is ~ developed as a unit under single ownership and control shall be considered a single lot for the purpose of these parking regulations. Reasonable and appropriate off-street parking requirements for structures and uses which do not fall within the categories listed below shall be determined by the planning Board upon consideration of all factors entering into the parking needs of each use. 10042 10043 ny front 5 :': '" dews) wit: *'} 100-112 ZONING § 100-112 ,t. (4) No service of any kind shall be permitted to be ex- ¢."' tended to users o£ the lot, including automobile ser- ~!:~,~ vice, repair or fueling, and no gasoline, oil, grease or ,,:,~, other supplies shall be stored or sold in any such lot or i;~:'' in any garage on such lot. ':~: (5) Parking areas shall be screened by a substantial wall, .~ fence or thick hedge, approved by the Planning Board. :~:H Generally, such screening shall not be less than three ~?~'X (3) feet nor more than eight (8) feet in height. !~ K.)Regulations for parking spaces adjacent to lots in any ~residence district. ~ ~.5' {1) Wherever a parking area of over five (5} spaces abuts '~ or is within fifteen ( 15 ) feet of the side or rear lot hne of ~. a lot in any residence district, the said parking lot ~;e' shall be screened from such adjoining lot by a sub- ':'-~ stantial wall, fence or thick hedge, approved by the ..~ Planning Board. Generally, such screen shall be not :~;. less than three (3) feet nor more than eight (8) feet in :'~': height, l (2) Whenever a parking area of over five (5) spaces is located across the street from other land in any residence district, it shall be screened from the view of such land by a thick hedge, wall or fence, approved by the Planning B~ard_, located along a line draw-fi- ~o the street and a distance of twenty (20) feet therefrom, such screening to be interrupted only at points of ingress and egress. Generally, no such screening shall be less than three (3) feet nor more than six (6) feet in height. The open area between such screening and the street shall be landscaped in har- mony with the landscaping prevailing on neighboring ¥~-;' properties fronting on the same street. Two (2) ~ identification and directional signs located on the !~;:t- . street side of such screening shall be permitted; however, they shall not exceed an area of three {3) ~,~i: square feet each. :~.L. Driveways. No driveway shall provide access to a lot ~.. located in another district, which lot is used for any use i:i prohibited in the district in which such driveway is located. 10047 NOTICE OF HEARINGS Pursuant to Seetina 267 M the Town Law and the Provi- sions of the Amended Code of the Town of Snathold, the following matters will ba held for public hoarings by the Board of Appeals of the Town of Southold, at Town Hall, Main Road, Southold, Now York, on Thursday, Septem- ber 25, 1~0: 7:35 p.m. Application 0g Harry O. Hurlburt, Jr., 7014 Shoaff Lane, Ft. Washingtoa~ PA 19034, foga Variance to the Zoning Ordinance, Article Ill, Section: (a) 100-30 for permis- sion to establish accessory building for guest use and play area use, and (b) 100-32 for permission to construct ac- cessory building in the front- yard area. Location of proper- ty: Private Road, Fishers Is- land, NY; bounded north by Walker, west by Spefford, south by Private Road, east by Private Road and/Sorenson; County Tax Map Item No. 1000-3-2-10. 7:50 n.m. Aoolication of Curtis and Nancy Norklun, 700 King Street, Orient,- N r 11957, for a Variance to the Zoning Ordinance, Article III, Sec- tions 100-30 and 10032 for permission to convert part of existing barn for guest house/ residential use. Location of property: 700 King Street, Orient, NY; bounded north by King Street, west by Bogden, south by Willow Terrace Farms, Inc. and Brenner, east by Brenner; County Tax Map Item No. 1000-26-2-37. 0:05 p.m. Application of Wil- liam and Rita A. Hilton, RR #1, Box II5A, Grand Avenue, Mattituck, NY 11952, for a Variance to the Zoning Ordi- nance, Article III, Section 32 for permission to construct garage in the front and/or side yard areas. Location of pro. perry: 1520 Grand Avenue, MattRuck, Ny; bounded north by ~Heuser, east by Suter, south by Pafenyk and Aurig, west by Rohrbach; County Tax Map Item No. 1000-107-3- I1.1. 8:20 p.m. Application of June Cheshire, 92~ Sound Avenue, Mattituck, NY 11~2 for a Variance to the Zoning Ordinance, Article III, See- tions 100-31 and 100-33 for per- mission to construct addition to existing dwelling with an iusofficient frontyard setback. Location of property: Sound Avenue, Mattituck, NY; bounded north by Sound Ave- nue, east by Landenbach, south by Sepko, we~t by Over- holt; County Tax Map Item No. 1000-10o-2-3. 8:35 p.m. Application of Do- lores Strong, Camp Mineola Road, Mattituck, New York (by Richard J. Cron, Esq.). A re-hearing will be held to reconsider the decision of this Board made on July 1, 1980, wherein applicant requested permission to display and store openly boats and marine items outside of enclosed buildings. Location of proper- ty: 11455 Main Road, Matti- tuck, NY; bounded north by Mileska, south by Burgon, ~j.7~_!or a ~V~'_anaqge~l~li~. · -~9.~ Ordinance, Article VII, ~llivately-o~ned units ( or c6n-' ~iniu~n) Use in a B-1 zone.' ~t~i~h Of prOperty: Corner' ..~Cc/~y Road ~7 and SOund:' ~3j_ew Avenue, Southold, NY; 'Sworn, ~o~u~ed ~O~t~bY soandvie~ ,.~AvenUe, east by cSunty Roa~l ~[~hd SOundvieW , s~'~ by C.R. 27, W~ ~bLin said ~Kemper, Zech and son'. County Tax Map Item.prin~ed ~l~[edi August 28,'i~0. ' Times BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 1TS4-3516 · . 19.. .......... west by Wickham, east by Main Road; County Tax Map Item No. 1~1~.~17.~. . ............................... North Fork Motel Inc., by ................................ ~ H[LEN K DE VO[ NOTARY PUBLIC, State ot New York Ne 470787B, Suttolk County Term Expires March 30, 19.~/ NOmUc~ OF I-I~ARU~OS poran~ to Sectiou 267'of the Town Law and the ~ vL~5~J of the Amended ~ede of the Town of Southold, the folk)wins matters will be held for public beminas by the Board of Appeals of the Town of Soutbeid, at Town H~I, lVlain Road, Southold, New York on Thursday,' September 25, 1~0: ?:3~ p~m. Application of ltarry .~, Itu~, Jr., 7014 Sbeai~ ~ne. Ft. Washtnston. PA 1~034, fo~ a Variance to the Section: (a) lO0*30 for per- mission to establish aceeSSOlT b~ldins ~ 5~cet use end play area use, and (b) 100-22 for pormbsten to ~ ~ 00. COUNTY OF SUFFOLK ss: STATE OF NEW YORK Potricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and thot the notice of which the annexed is a printed copy, has been published in said LongIIsland Traveler-Watch- man once each week for ............. ! .......................... weeks successively, commencing o~ the .............. ,,,.?... SW~.O~ before me. this ....... ~'~. ............. day O? ...... ............ NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, the following matters will be held for public hearings by the Board of Appeals of the Town of Southold, at Town Hall, Main Road, Southold, New York, on Thursday, September 25, 1980: 7:35 p.m. Application of Harry O. Hurlburt, Jr., 7014 Sheaff Lane, Ft. Washington, PA 19034, for a Variance to the Zoning Ordinance, Article III, Section: (a) 100-30 for per- mission to establish accessory building for guest use and play area use, and (b) 100-32 for permission to construct accessory building in the frontyard area. Location of property: Private Road, Fishers Island, NY; bounded north by Walker, west by Spofford, south by Private Road, east by Private Road and Sorenson; County Tax Map Item No. 1000-3-2-10. 7:50 p.m. Application of Curtis and Nancy Norklun, 700 King Street, Orient, NY 11957, for a Variance to the Zoning Ordinance, Article III, Sections 100-30 and 100-32 for permission to convert part of existing barn for guest house/residential use. Location of property: 700 King Street, Orient, NY; bounded north by King Street, west by Bogden, south by Willow Terrace Farms, Inc. and Brenner, east by Brenner; County Tax Map Item No. 1000-26-2-37. 8:05 p.m. Application of William and Rita A. Hilton, RR #1, Box l15A, Grand Avenue, Mattituck, NY 11952, for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct garage in the front and/or side yard areas. Location of property: 1520 Grand Avenue, Matti- tuck, NY; bounded north by Heuser, east by Suter, south by Pafenyk and Anrig, west by Rohrbach; County Tax Map Item No. 1000-107-3-11.1. 8:20 p.m. Application of June Cheshire, 9280 Sound Avenue, Mattituck, NY 11952 for a Variance to the Zoning Ordinance, Article III, Sections 100-31 and 100-33 for permis- sion to construct addition to existing dwelling with an insuffi- cient frontyard setback. Location of property: 9280 Sound Avenue, Mattituck, NY; bounded north by Sound Avenue, east by Laudenbach, south by Sepko, west by Overholt; County Tax Map Item No. 1000-122-2-3. Legal Ntice of Hearings Board of Appeals - September 25, 1980 Meeting 8:35 p.m. Application of Dolores Strong, Camp Mineola Road, Mattituck, New York (by Richard J. Cron, Esq.). A re-hearing will be held to reconsider the decision of this Board made on July 1, 1980, wherein applicant requested permission to display and store openly boats and marine items outside of enclosed buildings. Location of property: 11455 Main Road, Mattituck, NY; bounded north by Mileska, south by Burgon, west by Wickham, east by Main Road; County Tax Map Item No. 1000-142-02.00-017.00. ti Dated: August 28, 8:50 p.m. Application of North Fork Motel, Inc., by ~,~m Rodlan~ ~.~t, 55 Pilgrim Path, Huntington, NY 11743, 100-70 for permission to change existing motel use to privately-ow-ned units (or condominium) use in {~-l of property: Corner of County Road 27 and Soundview Lo__cation ~ven~.~Southold, NY; bounded north by Soundview Avenue, east by County Road 27 and Soundview Avenue, south by C.R. 27, west ~y Main, Kemper, Zech and Larson; County Tax Map Item No. 1000-135-2-23. 1980. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS Instructions to newspapers: Please publish once, to wit, September 4, 1980 and forward six affidavits of publication to: Board of Appeals, Main Road, Southold, NY 11971. (516) 765-1809. the Town Law and the Provi- sions of the Amended Code of the Town of Southold, the fol- lowing matters will be held for publi,' ' carings by the Board of Ar peals, Town of Southold, at the Town Hall, Main Road, Soathold, New York, on Thurs- day, August 14, 1980: 7:40 p.m. Application of Wil- fred G. Gilman, Jr., 22 Scot- land Avenue, Madison, Con- necticut 06443, for a Variance to the Zoning Ordinance, Art- icle VII, Section 100-71 for per- missioa to construct addition with insufficient rearyard. Lo- cation of property: 12 Green- wood Road, Fishers Island, New York; bounded north by Baird, east by F.I. Ferry District, south by Congrega- tional Christian Church, west by Greenwood Road; County Tax Map Item No. 1000-12-1- 13.1. 7:50 p.m. Application of Jo- seph and Amelia Smulcheski, Carole Road, Southold, New York for a Variance to the Zoning Ordinance, Article III, Section 10031 for permission to construct addition with in- sufficient sideyard. Location of property: 14o Carole Road, Southold, New York; bounded north by Hass, east by Arsha- momaque,Pond, south by Hrebok, west by Carole Road; County Tax Map Item No. 1000-52-2-5. 8:00 p.m Application of Jo- seph Gajeski, by Richard F, Lark, Esq., Main Road, Cut- chogue, New York 11935 for a Variance to the Zoning Ordin- ance, Article III, Section 100- 31 for approval of insufficient area and/or width, and a Variance to New York Town Law, Section 290-A. Location of property: Maple Avenue (Private Road No. 7), South- old, New York; bounded north by Cichanowicz, east by Ma- ple Avenue, south by Jerome, John Kramer, 6 Klm Avenue, Smithtown, New York, for a Variance to the Zoning Ordin ance, Article III, Section 100- 31 for permission to construct one-family dwelling with in- sufficient fronty~rd setbacks and insufficient sideyard set- back. Location of property: Corner of Harbor Lights Drive .hl'TY OF SUFFOLK, ] and Windjammer Drive, r-~ ~' SS: Southold, New York; bounded '~ OF lq£W YORK, j north by Harbor Lights Drive, ~T west by Jones, south by Zic, ~l~ G~)'~r2AV~©~ east by Windjammer Drive; ................................. being duly Sworn, County Tax Map Item No. that SH~; is Printer and Publisher of the SUFFOLK 1000-71-2-20. · ....... 8:35 p.m. Application of Marian DiCristina Hendrick- KLY TIMES, a newspaper pubiished at Greenport, in said son, by Robert W. Gillispie, III, as agent, North Smith t¥~ and that the notice, of which the annexed is a printed Drive, Southold, New York, for a Variance to New York , has been published in the s~id Suffolk Weekly/ Times Town Law, Section 280-A for approval of access. Location in each week, tot . .0~ ...................... weeks of property: South side of North View Drive, Orient, .~ssivcly commencing on the . ~.~..~. ................... New York; bounded north by North View Drive, east by ~)t ............ ~T12~L~' .... 19. ~0 ~/ DeMaria, south by DeMaria, ~ ~./~ west by Tuthil]: County Tax ................... ~ Item No. 1000-13-3-L :n to before me this .... ~.1.,~.~.. ] ficient of pro- perty: Southold, north by west Mulvi- Sladon by ~emimpf County No. 1000-121-4-12.1. Pilgrim P~h~~ New York 11743~ for a ~qr- ~ance tome Article ~ ~ I~ ~or uni~ (or condominium) nse and Soundview Avenu~ South- County Road ~ and Sound- view Avenue, south by County Road ~, west by Main, Kem- ~r, Z~h and La.on; County Tax Map Item No, 1~-135-2- 23. Dated: July 24, 1~, BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEA~ 1TJy31-3494 NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, the following matters will be held for public hearings by the Board of Appeals. Town of Southold, at the Town Hall, Main Road, Southold, New York, on Thursday, August 14, 1980: 7:40 p.m. Application of Wilfred G. Gilman, Jr., 22 Scotland Avenue, Madison, Connecticut 06443, for a Variance to the Zoning Ordin- ance, Article VII, Section 100-71 for permission to construct addition with insuf- ficient rearyard. Location of property: 12 Greenwood Road, Fishers Island, New York; bounded north by Baird, east by F.I. Ferry District, south by Congregational Christian Church, west by Greenwood Road; County Tax Map Item No. I000-12-1-13.1. 7:S0 p.m. Application of Joseph and Amelia Smul- cheski, Carule Road, Southold, New York for a Variance to the property: Laurel Way, South- old, New York; bounded north by Laurel Way, west by l~Ulvihill, south by Sladon, st by Schimpf; County Tax alp Item No 1000-121-4- 9:10 p.m. Application of Sam Rodland as agent, SS New York 11743, for a 100-70 for p ' ately-owned units (or con- County Road 27 and Sound- ~iew Xv~ffu~e ,~S'~l~e td ,--~N ew Soundview l ¥ e n {l~'j ' '~ i~*i' ~o-y- Ke~m.l~er, Zech and Larson; Dated: July 24, 1980. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 1T, 7/31/80 (9) COUNTY OF SUFFOLK ss: STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, ~ public newspaper printed at Southold, in Suffolk Counht; and that the notice of which the annexed is a printed copy, has been published in said Lonc~ Island Traveler-Watch- man once each week for .......... h ............................ wee.~ successively commencJr~ on the ..) ..................................... day of-ii.i..~i2~c~ .................. , 19.~.~..... Notary Publi~' NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, the following matters will be held for public hearings by the Board of Appeals, Town of Southold, at the Town Hall, Main Road, Southold, New York, on Thursday, August 14, 1980: 7:40 p.m. Application of Wilfred G. Gilman, Jr., 22 Scot- land Avenue, Madison, Connecticut 06443, for a Variance to the Zoning Ordinance, Article VII, Section 100-71 for permission to construct addition with insufficient rearyard. Location of property: 12 Greenwood Road, Fishers Island, New York; bounded north by Baird, east by F.I. Ferry District, south by Congrega- tional Christian Church, west by Greenwood Road; County Tax Map Item No. 1000-12-1-13.1. 7:50 p.m. Application of Joseph and Amelia Smulcheski, Carole Road, Southold, New York for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to con- struct addition with insufficient sideyard. Location of property: 140 Carole Road, Southold, New York; bounded north by Hass, east by Arshamomaque Pond, south by Hrebok, west by Carole Road; County Tax Map Item No. 1000-52-2-5. 8:00 p.m. Application of Joseph Gajeski, by Richard F. Lark, Esq., Main Road, Cutchogue, New York 11935 for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient area and/or width, and a Variance to New York Town Law, Section 280-A. Location of property: Maple Avenue (Private Road No. 7), Southold, New York; bounded north by Cichanowicz, east by Maple Avenue, south by Jerome, west by Tobin; County Tax Map Item No. 1000-75- 2-7 and 17. Page 2 Legal Notice of Hearings - Board of Appeals Meeting to be Held August 14, 1980 8:20 p.m. Application of John Kramer, 6 Kim Avenue, Smithtown, New York, for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct one-family dwelling with insufficient frontyard setbacks and insufficient sideyard setback. Location of property: Corner of' Harbor Lights Drive and Windjammer Drive, Southo!d, New York~ bounded nort~ by Harbor Lights Drive, west by Jones, south by Zic, east by Windjammer Drive; County Tax Map Item No. 1000-71-2-20. 8:35 p.m. Application of Marian DiCristina Hendrickson, by Robert W. Gillispie, III, as agent, North Smith Drive, Southold, New York, for a Variance to New York Town Law, Section 280-A for approval of access. Location of property: South side of North View Drive, Orient, New York; bounded north by North View Drive, east by DeMaria, south by DeMaria, west by Tuthill; County Tax Map Item No. 1000-13-3-1. 8:55 p.m. Application of Adeline Lee, by Abigail A. Wickham, Esq., Main Road, Mattituck, New York for a Variance to the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule, Section 100-31, for approval of insufficient area. Location of property: Laurel Way, Southold, New York; bounded north by Laurel Way, wes% by Mulvihill, south by Sladon, east by Schimpf; County Tax Map Item No. 1000-121-4-12.1. 9:10 p.m. Application of North Fork Motel~ Inc.~ bv Sam Rodland as a~ent~ ~..Pilgrim Path, Huntingto~ New York. ~11743, for a Variance..to the Zoning Ordinance, ~ticle VII, Section 100-70 for permission to change existing motel use to ~rivatel Y-own eTOn i~ s~(or con d~-~i-~ i--~'i' use in ~ ~ Z~ne. Location of property: Corner of County Road 27 and Sound- view Avenue, Southold, New York ; bounded north by Soundview Page 3 Legal Notice of Hearings - Board of Appeals Meeting to be Held August 14, 1980 Avenue, east by County Road 27 and Soundview Avenue, south by County Road 27, west by Main, Kemper, Zech and Larson; County Tax Map Item No. 1000-135-2-23. Dated: July 24, 1980. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS Instructions to Newspapers: Please publish once, to wit, July 31, 1980, and forward seven (7) affidavits of publication to: Board of Appeals, Town Hall, Main Road, Southold, NY 11971, on or before August 5, 1980. Tel. 765-1809 or 1802. On 7/28/80 copies to: Mr. Wilfred G. Gilman, Jr., 22 Scotland Avenue, Madison, CT Mr. and Mrs. Joseph Smulcheski, Carole Road, Southold, NY Richard F. Lark, Esq., for Mr. Joseph Gajeski Mr. John Kramer, 6 Kim Avenue, Smithtown, NY Mr. Robert W. Gillispie, III, for Marian DiCristina Hendrickson Abigail A. Wickham, Esq., for Ms. Adeline Lee Mr. Samuel Rodland, for North Fork Motel, 55 PilGrim Path, ~ Huntington, NY 11743 ~ ~/~ ~ ~zT~. ~,. ~. ~/~'~J~'~i Town Clerk's Bulletin Board Suffolk Times, Inc. Long Island Mattituck-Traveler Watchman, Inc. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 ¢:OUTHOLD, L.I., N.Y. 119'71 TELEPHONE {516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, .JR. TERRY TUTHILL ROBERT J. DOUGLASS GERARD P. GOEHRINGER TYPE II ACTION DESIGNATION NEGATIVE DECLARATION NOTICE OF NO SIGNIFICANT EFFECT ON THE ENVIRONMENT Pursuant to Section 617.13 of the New York State Department of Environmental Conservation Act, Article 8 of the Environmental Conservation Law, and Town Law of the Town of Southold, Section 44-4B, the Southold Town Board of Appeals has determined that the following project is classified as a Type II Action not having a significant effect on the environment and will not require any other determination or procedure, under the N.Y.S. Environmental Quality Review Act. DESCRIPTION OF PROJECT Appeal No. 2684. Application of North Fork Motel, Inc., by Samuel Rodland as agent, 55 Pilgrim Path, Huntington, New York 11743. Location of Project: Corner of C.R. 27 and Soundview Avenue, Southold; 1000-135-2-23. Permission Requested: To change existing motel use to privately-owned units (or condominium) use in a B~ Zone. Art. VII, Section 100-70. Date of Public Hearing: August 14, 1980 at 9:10 p.m. Documents on File: Appeal Application, Notice to Adjoining Neighbors, Affidavit Attesting to the Mailing of said Notice, surveys and/or sketches of the proposed project, Notice of Dis- approval from the Building Inspector, Legal Notice of Hearing, Environmental Assessment in the Short Form, Section of the County Tax ~ap showing the subject property, &other documents as may be required. Person to Contact for More Information: Mrs. Linda Kowalski, Secretary, Board of Appeals, Southold Town Hall, Main Road, Southold, New York 11971; tel. (516) 765-1809. Dated: July 24, 1980. Copies to: Town Clerk Bulletin Board Supervisor Applicant U L. I, N. Y. TELEPHONE (516} 765-1809 APPEALS,BOARD MEMBERS CHARLES GRIGONIS, JRv Chairman SERGE DOYEN,JR. TERRY TUTHILL ROBERT J. DOUGLASS Gerard P. Goehringer April 22, 1980 Mr. Sam Rodland 55 Pilgrim Path Huntington,'~New York 11743 Re: Appeal No. 2684 - Variance of North Fork Motel, Inc. Dear Mr. Rodland: The Board is in receipt of five sets of plans showing the layout of the building and the size of each unit. Pursuant to the Board's request of March 25, 1980, we are awaiting receipt of the plan showing adequate park- ing, Article XI, Section 100-112 of the Town Code. Thank you for your cooperation. Sincerely yours, CHARLES GRIGONI~, JR. ~/~Y CHAIRMAN By: Linda Kowalski, Secr. SAM ]~ODLAND BUILDI~R AND CARPENTER CONTRACTOR 55 PILGRIM PATH ItUi~Tllq'GTOI~. April 7, 1980 Mrs. L.F. Kowalsi Southold Town Board of Appeals Southold, N.Y. 11971 Dear Mrs. Re: Request for Permit to Change Use Account of North Fork Motel Kowalski: As per your request I am enclosing five copies of the plot plan and units. Very truly yours, Sam Rodland Southold Town Board o£ Appeals SOUTHOLD, L. I., N. Y. 119'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLESGRIGONIS, JR. , Chairman SERGE DOYEN, JR. TERRY TUTHILL ROBERT J. DOUGLASS Gerard P. Goehringer March 25, 1980 Mr. Sam Rodland 55 Pilgrim Path Huntington, New York 11743 Re: Appeal No. 2684 - Variance of North Fork Motel, Inc. Dear Mr. Rodland: At a regular meeting of the Southold Town Board of Appeals, please be advised that the following action was taken: RESOLVED, that the applicant, North Fork Motel, Inc. in Appeal No. 2684, be requested to file with this Board: (a) five sets of plans showing the dimensions and floor area of each unit proposed for condominium or privately-owned use prepared by an architect or engineer, and (b) five plot plans showing the parking area and building layout on the subject premises prepared by an architect or engineer for review and referral to appropriate agencies. Vote of the Board: Ayes: Messrs. Grigonis, Tuthill, Doyen and Goehringer. Absent: Messr. Douglass. If you have any questions, please do not hesitate to call. Sincerely yours, CG:lk Linda F. Kowalski Secretary Board of Appeals SAM BUIL~F~ AND CO~ 55 PILG~M PATH ~U~NGTON, N. Y. 7-8241 March 19, 1980 11743 Mrs. L.F. Kowalski Southold Town Board Southold, N.Y. 11971 of Appeals Dear Mrs. Re:Request Account Kowalski: for Permit to Change Use of North Fork Motel I have your letter of March 10, 1980. Please be informed that I wish the Variance Application to be the one to be filed. Ver~ truly yours, Sam Rodland ' _ TOWN OF SOUTHOLD · SHORT ~iRONUENTA~ ASSESSMENT FO_e' INSTRUCTIONS: (o) ]n Order {o answer the questions in {his short EAF it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the ociion. It is not expected that additional studies, research or other investigations will be undertaken. · (b) If any question has been answered Yes the project may be signlficant and a completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that this project is not significant.. . (d) Ehvi'ronmentol Assessment 5. ¥1i1'1 project resul~ in u large physical change to the project'site or physically alter more than 10 acres of land? ....................... Yes f No : . 2. Will there he .o major change to any unzque or -.unusual lo6d form found on the-site? ........... Yes. % No 3. Will project alter or have o large effect on' existing body of water? ' Y~s \~ No 4. W~ll projec~ have o potentially large impact Yes on groundwater quality? · 5. Will project significantly effect drainage flow on adjocent, sites? ........................ Yes..~ Nq Z: Will 'project affect any threatened or endangered plant or animal species? ........... _ Yes ~ No ~. Will project result in o major adverse effect air quality? Yes ~ No' 8. Will project have a major effect on visual character of the community or scenic views or vistas known to.be important to the community?. Yes_ ~ No ?. Will project adversely impact any site or .. structure of historic, prehistoric or poleontologlcal importance or any site designated os o critical environmental oreo by 1 1 y? .- ................. Y ~ N O OCO agenc ........................... ., es. o la. Will project 'have o major effect on existing or future recreational opportunities? ......... Yes ~ No 11. Will pro~ect result in major tra[fic problems or cause a major effect to existing transportation systems? ....................... _ Yes. ~ No 12. Will project regularly cause o~jectlonoble odors~ noise~ glare~ vlbration~ or electrical disturbance as a result of the project's operation? ..................................... Yes~ No 13. Will project have any impact on public health safety? ' Yes ~No 14. Will project affect the existing community by ~irectly causing a growth in permanent population of more than 5 percent over o one year perio~ o~r have o major negative effect on the character of the community or neighborhood? ................................. _ ~ Yes No 15. Is there public controversy concerning the project? ........................... Yes ~ No DATE PREPARER'S REPRESENTING_. TOWN OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ,:~ ~ ~'/7/ DATE .......~'./....~z....~ ./...~. ~/ TO THE ZONING BOARD QF AP, PEALS, TOWN OF SOUTHOLD N. Y ........... of ....... ............ Name of Appellant Street and Number ..... ~..~.t.~..~.../,./7~,~.~-.,.'~.,.~..~.,~. .................................................. ~ .................. HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ..... .~.....~..~..~....J..~...:..../..~.,~.'..~ ........ WHEREBY THE BUILDING INSPECTOR DENIED TO .............. Name of Applicant for permit of Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ..~J..(.~.~.~.~....~.~..~.~....~.~*.~.....$..~.~.~.~...~(.~Z~.~..~..~F~ Street Use District on Zoning Map ................... Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) 3. TYPE OF APPEAL Appeal is made herewith for (~") A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (.has~not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... ( ) (./) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that Form ZB1 Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because -~'¥4L~ i'~ ~'~ ~.L_ IS ~ ~ ~ ~'e ~C~ 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 ~ -J-FI ~' O, '~ fq ~_ I~ N 6' /"'-'[£ /~ 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CFtARACTER OF THE DISTRICT because I%/~'~'-14-~ ~v' ¢, IAJ e o £ P ~ ~. (~, /V/g n,' G ~ b COUNTY OF -¢%F'/c'°Z/:E) Signoture Sworn to this ........ .~..b ~1~ .................................... day of ....... ~L'7~.~...~../~.~. ~...7 ,/~-'U ..................... 19 ~v. LIND^ F. KOWALSK1 BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of : North Fork Motel Inc. : to the Board of Appea~s of the Town of Southo~d : TO: NOTICE YOU ARE HEREBY GIVEN NOTICE: ) I. 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) (the following relief: chanqe exi sti nq ~ ,motel ~ pri------~ately owned units ' ' ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: ,North by Snundvlew Ave. -Ea~t hy Soundview Ave. - South by Middle Road - West by Nathan Golden Subdivision 3. That the property which is the subject of such Petition is located in the following zoning district: B I 4. That by such Petition, the undersigned will request the following relief: approval to sel 1 the mot&l units, as is, t0 people who will want to own their own unit 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are: 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. 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. 3-4-80 As Agent for North Fork Motel Inc. Dated: ~ ~ Petitioner Post Office Address 55 Pilgrim Path Huntington,N.Y. 11743 NAME PROOF OF MAILING OF NOTICE Daniel Charnews Youngs Ave. Eva M. Main Box 106 Stanley Kempner 1449 Sycamore Ave. Thereca Czech 6917 62nd Road Arnold Larsen North Rd. ADDRESS Southhold,NY 11971 Mattituck,NY 11952 North Merrick,N.Y. 11566 Middle Village,NY 11379 Southold,NY 11971 STATE OF NEW YORK ) COUNTY OFI ss.: £ f L) ~ ~-~O C~ k-O ~J . ~.L.~__., t'l~'-~ , being duly s-~'~orn,-~eep~s~ anti'says thTon the. ~ day o 1:~-~ ~ ~'O ~ ,19 ~ O , deponent maded 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- rice at ~ (~ ~L ~ ~ ~ I~J, y. ; that said Notices were mailed to each of said persons by (certified) (r~q~d) mail. -- Sworn to before me this day of ,1'~ Iq-4~L~--L / Notary Public lb. N.4e~a~ = \ \ IST, I 1: 8309 ,^: 49 This Indenture, made the / 6th day of August ,n[neteen hundred and seventy-seven WILLIAM HERMAN residing e,t il Levon Lane, Miller Place, N. Y. 11764 party of the first part, and THE NORTH FORK MOTEL IN'Z. a domestic corporation with itt office Southold, N. Y. 11971 party of the second part, Witnesseth, that tho party of the first part, in consideration of Ten Dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, All that certain plot, piece or parcel of land, wtd~c~xbu~Jdtr~>~>~mf~me~t~l'~n,~, situate, lying and b~ing in the Town of Southo{d, Cour;ty of Suffol~ and State of N~w York, known and ,designated as aod by Lot number 3 on c~ certoin map entlded, "Subdivision of P ~perty . Owned by N~then Goldin, Situate at Soufhold, Suffolk Co., N.Y. % filed in th~ office of the Clerk of fhe County of Suffolk on N~vember 22, 1932asMap No. 1106. Being the same premises acquired by grantor by deed dated 10/29/63 recorded 1!/4/63 in I. ibm 5445 cp 152 m~deby Leo N. Goldin. Together with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; Together with the appurtenances and all the estate and rights of the party of the first part in and to said premises; To Have And To Hold the premises herein granted unto the party of the second part, the heirs or successo[s and assigns of the party of the second part forever. And the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. And the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the righ~ to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the pay- ment of the cost of the improvement before using any part or the total of the same for any other purpose. The word "party" shag be construed as if it read "parties" whenever the sense of this indenture so requires. In Witness Whereof, the party of the first part has duly executed this deed the day and year first above written. In Presence Of: William Herman XXXXXXXXXXXXXXXXXXXXX , Chairman Gerard P, Gochringer March 10, 1980 i4r. Sam Rodland 55 Pilgran Path i~untin~ton, ~Y 11743 Re: Request for Per,nit to Chan~c Use ~ccount of Nort~ Fork i~Iotel Dear ~4r. Rodland: This will confirm that the foIlowinq documents have been received by mail from you: Variance application in triplicate, Special Exception application in triplicate, Notice to .~ig]~bors and Certified Receipts attached thereto, six copzes of survey dated ~ay 21, 1965, six copies of deeG, floor plans ~ated February 6, lq65, copy of Notice of Disapproval from the Duildin~ Inspector, and $15.00 filing-fe~ check.and environmental form. In order to'file same wit~ the Town Clerk, ~lease advise in writing which application you wish to be filed. Unfortunately, we cannot mak~ that decision for you. If you have any questions, please do not hesitate call. Sincerely yours, Mrs. L.F. Kowalski Secretary SEE INSERT (66') 26 I-3A (c) I¢ 30 DR.