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HomeMy WebLinkAbout2736Southold Town Board o eals MAIN ROAD- STATE ROAD 25 srlUTHOLD, L.I., N.Y, 11cj71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER doseph H. Sa~ick~ January 19, 1981 Congressman William Carney, M.C. Congress of the United States House of Representatives Washington, D.C. 20515 Re: Fanny Behlen Community Health Cent'er Appeal Nos. 2736 and 2752 Dear Congressman Carney: Pursuant to your correspondence dated November 21, 1980 and the Board of Appeals' review and determination concerning the above matters, please find enclosed copies of the Board's findings and determinations rendered January 17, 1981 'dismiss- ing the subject applications for the reasons stated therein. If we may be of any assistance or if you have any ques- tions, please do not hesitate to contact us. Yours very truly, CG:lk Enclosures cc: Mr. Benson S. Telsey CHARLES GRIGONIS, JR. CHAIRMAN ~ TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOAKD OF APPEALS AppealNo. 2736. Application Dated August 14, 1980 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Abigail A. Wickham, Esq. Mrs. Shirley Katz for Fanny Behlen Community Health Center 1/17/81 DA~FE ....................... AppeLant at a meeting of the Zoning Board of Appeals on was considered and the action indicated below was t~ken on your ( ) Request for variance due to lack of access to property ( X ) Request for' a special exception under the Zoning Ordinance ( ) Request for a variance to the Zoning Ordinance ( ) January 17, 1981, the appeal Art. III, Sec. lO0-30B 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that X kg~ka~],~ ~ X ~ ~2 denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because Public Hearings lO/16 and 12/4/80Application of Behlen Community Health Center, P.O. Box 659, Greenport, New York for a Special Exception to the Zoning Ordinance, Art. III, Sec. 100-30 for permission to erect an ambulatory care clinic on residentially zoned property located at the South Side of North Road (C.R. 27, or C.R. 28), Greenport, NY; bounded north by North Road, west by Fenno, south by Fransisco, east by Nedoszytko. County Tax Map Item No. 1000- 40-3-3.1 . (SEE REVERSE SIDE) 2. VARIA2~CE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produre practical hardship because difficulties or unnecessary (SEE REVERSE SIDE~ (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because (SEE REVERSE SIDE) (c) The variance (does) (does not) observe the spirit of the Ordinance' and (would) change the character of the district because (would not) (SEE REVERSE SIDE) and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. ZONING BOARD OF APPEALS FORM ZB4 This is an application of the Fanny Behlen Community Health Center for a Special Exception, pursuant to Section 100-30B(4) of the Zoning Code to construct and operate a facility characterized by the Applicant as an Ambulatory Health Care Clinic on Residentially-zoned property located on the south side of the North Road (C.R. 27, or C.R. 28), west of the Village of Greenport. Section 100-30B(4) of the Zoning Code provides that by Special Exception approval by the Board of Appeals, the following uses [among others] are permitted: ...(4) Libraries, Philanthropic, eleemosynary or religious institutions, hospitals, nursing and rest homes or sanitaria for general medical care, but excluding facilities for the treatment of all types of drug addiction, subject to the fol- lowing requirements: (a) No building or part thereof or any parking or loading area shall be located within on.e hundred [lO0] feet of any street line nor within fifty [50] feet of any lot line .... It is the position of the Applicant that the proposed use comes within the definition of a "hospital" under Section 100-30B(4) of the Zoning Code and therefore the proposed use is a Special Exception use which may be approved by this Board. On the other hand, persons appear- ing in opposition to the Application contend that the proposed use is not in fact a "hospital," and therefor this Board has no jurisdiction to consider the Application. The town attorney has directed the Board's attention to several decisions of the Courts of this State which hold that a Special Excep- tion use can only be granted upon compliance by the Applicant with the explicit standards set forth in the Zoning Code. [Matter of Tandem Holding Corp. v. Board of Appeals' of the Town of Hempstead, 43 NY2d 801; Matter of Cappadoro Land Development Corp. v. Board of Appeals of the Town of Huntington, 78 AD 2d 696]. It is undisputed that the proposed building will be set back approximately 60 feet from the street (C.R. 27, or 28), and 29 feet from the east lot line, and that the parking area will be 50 feet from said street and 20 feet from the west lot line. In fact, Applicant has filed an Appeal with this Board for an area variance seeking to vary or modify the setback requirements of Section lO0-30B(4)(a) of the Code [Appeal No. 2752, supra]. Since the Applicant does not propose to meet the standards of Code for the approval of a Special Exception use, this Board is with- out power or authority to approve the Special Exception use, and accordingly this application must be denied. In view of the Board's determination herein, it is unnecessary for the Board to pass upon the question of whether or not the proposed use falls within the uses specified in Section 100-30B(4) of the Code. NOW, THEREFORE, BE IT RESOLVED, that Behlen Community Health Center for a Special 2736, be denied. the application of Fanny Exception, Appeal No. Location of property: South side of North Road (C.R. 2.7, or 28), Greenport, New York; bounded north by North Road, west by Fenno, south by Fransisco, east by Nedoszytko. County Tax Map Item No. 1000-40-3-3.1. Vote of the Board: and Sawicki. Absent was: Ayes: Messrs. Grigonis, Mr. Doyen. APPROVED Douglass, Goehringer RECEIVED AND FI:LED BY Tile, Ouc ..... Tot,'~n C~rI~ ~o?n of Scu~o~d COUIqTY OF SUfFOL~IJ DEPARTMENT OF PLANNING (516) 360-5513 D~cember 26, 1980 Board of Appeals Town of Southold Petitioner: Appeal No.'s: Fanny Behlen Community Health Center 2736 & 2752 Gentlemen: Please be advised ~hat pursuant to Sections 1323 to 1332 of the Suffolk County Charter, the above captioned applications* are not within the ~urisdiction of tha Suffolk County Planning Commission. Very truly yours, Lee E. Koppelman Director of Planning Gerald G. Newman Chief Planner CCN:jk *for 'a determination as to whether the ambulatory care clinic is considered a hospital. If a special exception/variance is applicable, please resubmit with findings. NEW YORK STATE DEPARTMENT OF TRANSPORTATION William C. Hennessy. Commissioner Region 10 Office: New York State Office Building Veterans Highway, Hauppauge, New York 11787 December 22, 1980 Mr. Charles Grigonis, Jr. Southold Town Board of Appeals Route 25 Southold, New York 11971 Re: Fanny Behlen Community Health Center Dear Sir: This is in reply to your request for this office to review the site for the Fanny Behlen Community Health Center along County Road 27/28 in the community of Greenport. We have reviewed the above site which is in an area of a few small businesses which contribute some traffic to County Road 27/28. It is our conclusion that this Center would not generate enough traffic to this area to constitute a hazardous or dangerous condition to the community. Very truly yours, ? Regional 'Traffic Engineer Region 10 TCH:FM:JS Fanny Behlen Community Health P.O. Box 659 December 22, 1980 Southold Town Zoning Board of Appeals Town Hall Main Road, Southold, N.Y. 11971 Center, Inc. Greenport, New York 11944 (516) 477-2968 Gentlemen: The inclosed was sent to us by Legislator Blass. We believe it will be of interest to you. Mr. Blass' inquiry was directed to the County Attorney as the result of several contacts made to the Legislator's office by Benson Telsey. Sincerely yours, Sherley B. Katz Acting Director COUNTY OF :.~b,~-,'OLK DEPARTMENT OF LAW 'G · Hon. Gregory J. Blass Legislator, First District P.O. Box 91 v 11 West Second Street Riverhead, New 'fork 11901 re: Fanny Behlen Health Center 360-4034 Dear Mr. Blass: The alleged zoning problem cited ill your letter of October 17, 1980 to Dr. Harris has been referred to this office for in- vestigation. Suff%lk County which involves Health Center. ~'with ~espect is not involved In any zoning or planning matter the locanion and consEructlon of the proposed Apparently, attorney Telsey raised objections to the locanlon of the Ileal. th Center, and is op- .} posin~ its construction. ~ SUffolk County is participating in this program only to the ~ extent that ~t is participating ~n the funding portion of the ~ The contract of' sale and closing instruments hold Suffolk~County~ harmless from anything involving zoning and planning. Suffolk i County takes no position with respecu uo any objections concern-% -. ing the location of the Health Center. The location of the Health Center is purely a prlvane matter which involves the · owners and operators of the Health Center and the local citizenry. The County is obligated pursuant: Lo resolution, contract, and deed to fund the pro]ec~: for a stated period of .time, pending completion of the Federal funding phase. We have -concluded that the 2reposed use is compauible with the zoning classification. At present, title to ~s to be conveyed ~o the land is in Suffclk County. The land tile Iiea]th Center when its Federal funding '-~,~ece,'~ber 9, 1980 .: ~on. Gregory J. Blass ~age 2 ~ -comes through. If title does not close as between the Health .Center and the County by July 30, 1981, thcn by the terms of an .agreement the land will be declared surplus, and sold at public ~auctlon. 'The County Attorney's file is available for your review and ~xamlnation at any time. ~;ery truly yours, ROY S. 'DRAGOTTA Assistant County Attorney RSD/fb cc: Dr. David Harris, Commissioner Dept. of Health Services David J. Gilmartin, County Attorney Sidney L. Mitchell, Commissioner Dept. of Real Estate Alfred 3ackson, Jr., Deputy Connty Attorney Paul D. O'Brien, Deputy Commissioner Dept. of Health Services APPEALS BOARD MEMBERS CHARLES GRtGONIS. JR., CHAIRMAN SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER Joseph H. Sawicki Southold Town Board of Appeals MAIN ROAD-STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11cJ71 TELEPHONE (516) 765-1809 December 18, 1980 Mr. Gerald G. Newman, Chief Planner Suffolk County Department of Planning Veterans Memorial Highway Hauppauge, NY 11787 Re: Fanny Behlen Community Health Center Appeal Nos. 2736 and 2752 Dear Mr. Newman: Continuing on our referral to you on December 10, 1980 and your request of December 16, 1980: (a) please find enclosed proposed site plan of the Fanny Behlen Community Health Center; (b) Building Inspector's report, including his determina- tion as to the required setback variances; (c) The Southold Town Planning consider the proposed site plan until acts on the applications before them. Board does not intend the Board of Appeals to If any additional information is required, please do not hesitate to contact us as soon as possible. Sincerely yours, CG:lk Enclosures CHAIRMAN Board of Appeals Town Qf Southold COUNTY OF SUFFOLK DEPARTMENT OFPLANNING (516) 5513 LEE E. KOPPE:LMAN December 16, 1980 Re: Fanny Behlen Community Health Center (Appeal No.'s 2736 & 2752) Gentlemen: Please be advised that pursuant to Sections 1323 to 1332 of the Suffolk County Charter, the above captioned application will not be reviewed because of noncompli- ance with requirements for notice and maps as stipulated in Informational Bulletin No. 8 of the Suffolk County Planning Commission. The following information will only be accepted upon submission through the offices of the municipal referring agency. Please submit the following: (1) a site plant (2) b~ildinR inspector's report indicating setback variances being sought relative to Section 100-30B(4)~ and (3) determination of the Town Planning Board regardin~ the site plan. Thank you. Very truly yours, Lee E. Koppelman Director of Planning Cerald G, Newman Chief Planner WICKHAM, WICI~HAM & BRESSLER, P.c. MAIN ROAD~ P,O*BOX 1424 MATTITUCK LONG ISLAND S16-298-B353 December 16, 1980 Board of Appeals Town Hall Main Road Southold, N.Y. 11971 Re: Fanny Behlen Community Health Center Gentlemen: Enclosed please find copies of two letters from the Planning Board, together with a copy of my letter to them regarding the covenants and statements made in connection with Mr. Francisco's minor subdivision proceeding. These are the letters I referred to during the hearing. Sincerely yours, AAW:ab Eric. HENRY E. RAYNOR, Jr., Ci~airm~ FREDERICK E. GORDON JAMES WALL BENNETT ORLOWSKI. Jr. GEORGE RITCHIE LATHAM. Jr. Southold, N.Y. 11971 June 17, 1980 TELEPHONE 765-1938 Abigail Wickham, Attorney Main Road Mattituck, New York 11952 Dear Ms. Wickham: The Planning Board reviewed your letter of May 30, 1980 in regard to the minor subdivision of Armaroy Acres at a regular meeting held June 16. The following is from the minutes of the meeting. "Covenants aud restrictions were filed in the Suffolk County Clerk's Office stating amongst other things that (2) That only one private dwelling shall be constructed on each lot end (3) that the minimum size0f~,the t~ving area on the ground floor of said private dwelling shall be 1200 square feet. The applicant's attorney, Abigail Wickham, has requested a letter from the Planning Board indicating that the two above statements were notrequired by the Planning Boaud as a oondition to their approval of the subdivision and that the Planning Board has no interest in enforcement of those state- ments, provided that any use of ~the property does not violate the. zoning ordinance of the Town of Southold. The Plahning Board sees no objection to the intent of the change and would like a reviseff list of the covenants and restrictions to fit the needs of the particular lot intended to be purchased by the Fanny Behlen. Community Health'Center." Yours truly, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD T~ING BOARD By Muriel Tolman, Secretary HENRY P.. RAYNOR. FREDERICK E. GORDON JAMES WALL BENNETT ORLOWSKI, GEORGE RITCHIE LATHAM. T SLaY Southold, N.Y. 11971 July 11, 1980 TELEPHONE 765-19~ Ms. Abigail Wickham, Attorney Main Road Mattituck, New York 11952 Dear Ms. Wickham: The Planning Board is in agreement with the change in covenants for the subdivision Armaroy Acres #98 with regard to Lot #1 which is to be purchased by the Southold Town Community Health Council, Inc. This matter will be held over until the meeting of July 14 at which time representatives of the health council have an appointment with the board. Yours truly, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD cretary May 30, 1980 Planning Board Town of Southold Town Hall Southold, N.Y. 11971 Attention: Mr. Henry Raynor, Chairman Re: M~nor Subdivision of Ar~awoy Acres Approved October 7~ 1974 Dear Mr. Raynor: I represent the Fanny Behlen Comity Health Center, which is under contract to purchase Lot $1 in Armazoy Acres from Mr. Francisco. A~ the time the property was divided, Mr. Francisco presented to the Board and had recorded a declaration in which he made five statements regarding the use of the lot, and then imposed a covenant that no lot would be further subdivided or rented to hoarders or transients. Since my client contemplates the erection of a health facility, statements 2 and 3 present a problem. I believe thet they were gratuitous statements made by Mr. Francisco which were not require~ by the Planning Board. We realize that any construction would, of course, be proceeded by site plan approval of the Planning Board, and special exception, pursuant to the zoning ordinance. I would appreciate it if you =ould furnish me with a lett~er that statementa~ 2 and 3 were not required by the Planning Board 'as a con- d/~/on to ~heir approval of the subdivision, and that the Planning Board has no interest in-enforc~nt of those statements, provided that any use of the property does hot violate the zoning ordinance of the Town of Southold. I would be glad to set up a meeting to discuss the n~atterffurther and answer .any questions you may have. Thank you very much for your attention to this matter. .~ Sincerely yours, Abigail A. Wickb~m ENsoN S. TEL I IY ~orth Road, Greenport, (516) 477-0656 la/lO/SO LAW OFFICES 117 COURT STREET, BROOKLYN 1, N. Y. Phone: ULster 2-2458 Southold Board of A~eals, Town Hall - Main Road, Southold, N.Y. 11971 Re: Behle~ Health Center Dear Zirs: In connection with the aY~ov~ matter, and as In~icate~ in the last hearing that a Health Center is not a Wos~ttal, I am enclosing herewith, the Mew York State ~ff~clal ro~e Rules and Regulations, abstracted sections relatin~ to Hospitals and Health Centers, which s~eak for themselves. A ~erusal of these sections in ~eoth leaves other alternative than to deny the a~lications CHAPTER V MEDICAL FACILITIES 405.1 ARTICLE 2 Hospitals "~ PART ~ Ho~pit~--~nimum Standm~da PART 405 HO~PITAL~ --MINLMUM 8TA~DAI~DS (Statutory authority: Public Health Law, § 2~03) See. ~ion 405.1 ~e~. (a) ~ m~lmum 5~da~, ~ ~aH ~mply ~ ~ of ~e r~uiremen~ of ~c~o~ G.1~.2~ of ~ Pa~, incisive, ~d ~c~ons ~.1~.1~, mcl~ive, of ~ P~t applicable to ~e hospi~. ~c~io~ 4~.1~ ~ugh ~.1~ of ~s P~t ~e iden~cal to ~e F~er~ ~n~o~ of Pa~cipation req~r~ ~der ~Ues ~ ~d ~ of ~e ~i~ Sec~ty Act. ~CU~ 4~A ~rough ~.26 of ~is P~t ~e addi~onal r~uiremen~. ~ ~e event of a co~tct or ~bi~ity, ~e hospit~ is ~ comply ~th ~e st~d~d imping ~e higher ~u~ement ~ (b) Hospitals sh~l comply ~th construction st~d~da COhered ~ Ar~cle 2 of Subchapter C of t~s ~apter ( Medical Facility ~nstruction ). 4503 H 3-31-80 ~ 10 H~A~TH § 405.2 (c~ Hospitals shall not~fy the commissioner in wTitlng w~thin seven days after receipt of notice of f~lure to be accredited or re.accr~ited or of 1o~ of ~ccredi~on by the Joint ~mmission on Accredit~on of Hospit~s. Hio~ric~ No~ ~S.2 ~fi~fl~o. For ~e p~s of ~s ~cle, ~e -~ i aUen~ Hos ital ~1 me~ ~ ~tu~on ~ ~ for one or m~ np r~ui~men~: , 1) to.des ~os~c ~d ~era~uOc ~s for me~c~ ~osis, ~e~en~ ~lc~e of ~ ~ sick ~r~ ~d h~, ~ · ( P m~mum, 1~ ra~olo~ ~ces ~d org~ depa~en~ of m~c~e ~d s~ge~, ~c~ of (2) h~ ~ org~ m~c~ s~ whi~ mY include, ~ m~c~e, doctors of ~pa~y ~d den~s~; se~ce render~ by t~ medic~ st~; (4) m~ m~tcal reco~ for ~1 pa~en~; ~e (5) h~ a requirement ~at every pa~ent ~ ~der c~ of m~ic~ s~f; (6) pro.des 24-ho~ pa~ent ~c~; (7) h~ in effect a ~tmn, c~QY applicable u~in~on ~ew pl~, ac~p~ble ~ h to t~ deponent, whic pro.des for u~fl~ ~ stu~ desi~ to ev~ ~e app~p~atene~ of ~minio~ ~ ~e h~, k~ ~ s~y, ~h~e p~c- ~ces, ~ of m~c~ ~d h~i~ ~ ~ ~ relat~ fac~ w~ch may con~bute m ~e efficient p~on of ho~i~ ~ phyM~ ~s; h~ m eff~t a~eemen~ ~ a home he~ ~cy for ~ ~d ~er (8) ' - -'-~ eric- c~e when ~ M~ce ~ ap~p~ (b) Ac~edited ~pital or ~ at.edited med~ ta~i~ of ~e ~blic He~ ~w, ~ me~ a h~pi~ ~ fa~lity w~ch by ~e Joint ~mmi~on on Accr~tton of Ho~i~s, or ~ os~c h~i~ w~ h~ ~n accr~t~ by ~e ~mmit~e of H~pi~s of ~e ~e~ Os~p~c ~ia~cn. (c) _ .t ~ .~,~to~or~sofa~~oP~r or prop~e~rs of a proprie~ me~c~ fa~i~ ~ w~ ~e dep~t h~ (d) ChronW rena~ d~ease center ~1 me~ ~ ~pa~ent or ou~flent h~pital, approv~ by ~e department, approp~tely s~, ev~uating and treating patients ~th all forms of ren~ dl~. Such ~pabJH~ include, but not be limit~ to, i~tutional hem~i~ys~s, home di~ su~rvision, and renal tr~spl~tion, includ~g org~ sha~g, p~em~t 4504 H 3-31-80 CHAPTER V MEDICAL FACILITI]~S § 750.1 SUBCHAPTER C (cont'd) ARTICLE 6 Treatment Center and Diagnostic Center Operation PART General Pro~4sions 751 Or ganiz~lion and Ad mtoistration Medical St~ f f Or ga~ization Maternaf, Child Health and Newborn Service~ Family planning Services pART 750 GENEKAL PROVISIONS ( Statutory authority: Public Health Law, § 2803 ) ~tiofl 750.1 G~ner~l requirements. In conform~-nce with the purposes for which the facility w~s established, the foliowing appropriate reqdirements, az deter- mined by the commiszioner, shall apply to independent out-af-hospital health facility_. (a) The health facility shall have ~n agreement for services other than those provided in the facility with an accredited bospit&l, or, in the caze of an agreement for dental services, with a hospital having a program approved by the America~ Dent~l A~sociation. (b) The health facility shall provide diagnostic and therapeutic services for dj- a~nosis, treatment and preventive cal'e of well ~nd ~njured or sick persons by mea~s of organized clinics, the number a~d frequency of clinic sessions being determined by the needs of the patientS for whom it accepts responsibility. (c) A comprehensive medical evaluation and, for dental clialc~s, a comprehensive dental evaluation, shall be m~de of all new patientS registered in the cltoJc, unless & w~ thin 30 days after reg~stratton. (d, T~e health facility shall have axlequate sta/f a~d equipment to provide the health services for which the facility Was e~tablished. (e~ The health facility shall have by-laws, rules and regMlations pert&iflJng to standards of medical c~re and services rendered by ils medical st~ff. ( f ) As determined by the commissioner, the health facility shall: Il) have an organized medical staff which may include doctors of medicine, osteopathy and dentistry; have on the premises or have access to approved laboratory a~d radiology provide supervision by a licensed physician of services rendered by podiatrists; (4) provide dietaxy services where fea~thle ~nd a qualified dietitian sha~l be § 751.1 TITLE lO H~ALTH PART 751 ORGANIZATION AND ADMINISTRATION (Statutoryauthority: Public HealthLaw,§ 2803) Section 751.1 Governing authority. (a) The governing authority shall be re- sponsibte for the establishment of p~licies and th~ management and operation of the bealth facility; it shall not enter into any agreement limiting such responsibility. (b) The governing authority shall provide a saie physical plant equipped and staffed to maintain fit and adequate facilities and services. (c) The governing authority shall adopt and amend by-laws acceptable to the ~ommissioner which shall require th at body to: (1) appoint members of the medical stnf f; (2) approve the by-laws a~d regulaUons of the medical sthg/; (3) define the committees of the governing authority and the functions and responsibiliUes thereof; (4) develop ~ud m~thtaln a suitable formal liaison with the medical sta/f by mea~s of a joint conference committee or other equivalent method; (5) provide for adequate supervision by a qualified administxator ~nd delegate to him executive authority and responsibility; (6) provide for the proper control of all ~seLs and funds, including a~nual audlte thereof; and (7) enter into contracts for the provi~ton of medical services only when such services are to be provided by a member or members of the medical stair o! the health facility, and providing that the responsibilities of the governing authority set forth in subdivision ( a ~ of this section ~re not limited by such contracts. (dl Minutes of all meetings of the governing authority a~d of ils ~ommittses, including a record of attend~.nce, shall be recorded, si~ned, retained and avaltable to the (e ~ The governing authority shall not permit the admission, registration or discharge .bf patients to be assigned or delegated to an abortion or other referral a~ency, nor permit the splitting or sharing of fees between a referral a~ency ~nd the health facility. TOWN CLERK 765-3783 Building Dept. Planning Bd. 765-2660 Board of Appeals 765-1809 TOWN OF SOUTHOLD TOWN CLERK'S OFFICE Main Road Southold, N. Y. 11971 Pursuant to the General Municipal Law, Chapter 24, of the Consolidated Laws, Article 12-B, Sections 239-1 and m, Board of Appeals Southold the ..................................... of the town of .............................. (agency involved) hereby refers the following proposed zoning action to the Suffolk County Planning Commission: (check one) ................ New and recodified zoning ordinance ................ Amendment to the zoning ordinance ................ Zoning changes .... .~.~..... Special permits ......'~.. ....... Variances Location of affected land: S/$ North Road, Greenport 1000-40-3-3.1 within 500 feet of: (check one or more) Appeal No. 2736 (Special Exception) Fanny Behlen Community Health Center P.O. Box 659 Greenport, NY 11944 ................ Town or vUlage boundary line, or shore line XX ................ State or countv road, parkway or expressway C.R. 27 ................ State or county park or recreation area ................ Stream or drainage channel owned by the county or for which the county has established channel lines. ................ State or county owned parcel on which a public building is situated Commeqts: Public Hearings were held and closed on 12/4/80 pending rewew by you and receipt of correspondence from other agencies. Copies of minutes and file enclosed. Linda r. Kowalski, Secretary T/de Date received by Suffolk County Planning Commission .................................................................................... File No ................................. Southold Town Board ppeals -5- Dece~r 4, 1980 was to level out that existing grade, the existing grade was high. All we wanted to do was flatten it out, carry some of the existing grade out to the front part. If we brought more material in, the house would be quite a bit higher than the adjoining houses. MR. CHAIRMAN: George (Fisher), do you know, Larry (Tuthill) has been authorized to go to Washington again? Has he gone yet,-or has he been? GEORGE FISHER: I haven't heard of anything further--whether he has gone yet or was authorized yet to go. MR. CHAIRMAN: I think he has been authorized because they talked about it. Not this meeting but the one before this--the Town Board I'm talking about. It's possible that maybe they'll be granting us some relief along these areas and wouldn't have to go through all this floodproofing and stuff in areas of something like this here. MR. FISHER: That's what Larry feels, that there should be some relief to this to permit the basement to be lower than the required elevation. MR. CHAIRMAN: Thank you, George. No one else has any questions? (Negative) I'll offer a resolution that we close the hearing and reserve decision for a while. We may get a hold of something in the next few days that would help out a lot in this situation. So thank you all very much for coming in. MEMBER GOEHRINGER: Seconded. On motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, that the hearing be closed and decision reserved in the matter of Harold and Hattie Stetler in Appeal No. FA-4. Vote of the Board: Ayes: Grigonis, Doyen, Goehringer and Sawicki. Absent was: Mr. Douglass. The Chairman called a recess from 8:05 until 8:10 p.m. The meeting reconvened at 8:11 p.m. RECESSED HEARING: Appeal No. 2736. Application of Fanny Behlen Community Health Center, P.O. Box 659, Greenport, NY for a Special Exception to the Zoning Ordinance, Art. III, Sec. 100-30 for permission to erect an ambulatory care clinic on residentially-zoned property located at the south side of North Road (C.R. 28; also C.R. 27), Green- port, NY; bounded north by North Road; west by Fenno; south by Fransis- co; east by Nedoszytko. County Tax Map Item No. 1000-40-3-3.1. The Chairman reconvened the hearing at 8:12 p.m. So~thold Town Board of Appeals -6- De~ber 4, 1980 MR. CHAIRMAN: One of the reasons a recess was asked for and granted was that we wanted more reports from different agencies that have to report. Looks like a live and life of agencies. And Mrs. Katz has brought in, we have here: N.Y.S. Planning And Devel- opment Clearinghouse report, Suffolk County Commitment to Program Report, New York State Operating License, D.H.H.S. Letter of Credit, H.H.S. Grant Awards, Historic Preservation Clearance, Suffolk County Resolution of Purchase, N-S H.S.A. Verification of Primary Physician Shortage Supporting M.U.A., which stands for medically undeserved area, designation. And then down belows it says, "...if through circumstances over which we have no control (federal cutbacks after a new administration takes over in Washington) we cannot use the proposed land for construction, we have been informed by Gerald F. Hunt, Chief of the Primary Care Division, Region II H.H.S., there remains available $200,000 for renovations. Now, do you have anything else you would like to add, Mrs. Katz. MRS. KATZ: I think perhaps Mrs. Wickham-- MR. CHAIRMAN: I'm sorry, Gail. ago. You weren't there a few minutes ABIGAIL A. WICKHAM, ESQ.: No. MR. CHAIRMAN: I feel better now-- I thought that you weren't. MRS. WICKHAM: I have a few things I wanted to go through to give the Board a little more background, that I'm not sure that it was presented last time, and to address some of the issues that have come up here. And as I said I'd like to start with a little bit of the background to show you that the scope of this project. The center commencedplanning for the development of a health center in about 1973 to develop an ambulatory or out-patient diag- nostic and treatment center for delivery of primary health care. In back of May in 1977 the Federal application for the funding was submitted to H.E.W. after our area was designated as medically undeserved, and you have those papers with you. And those were local, state and federal determinations. The Federal application was then followed by an Article 28 application to the N.Y.S. Department of Health to obtain approval of the public health council. Their approval is necessary to establish and operate a diagnostic and treatment center, and it's this public health law that defines and categorizes under New York State law the type of institution that we're contemplating here. Section 2801 of the Public Health Law defines a "hospital" as including a public health center, diag- nostic center and treatment center, and also the not-for-profit corporation law, under we are incorporating, incorporates this definition. So the center would be a type of hospital service and fall within the use permitted I think under Special Exception pro- visions of 100-30 of the Town Code. Fortunately the full hospital services in the general colloquial sense are contemplated, so I'll ~peak more about that later. Southold Town Board of Appeals -7- D~ecember 4, 1980 (Abigail Wickham, Esq. continued): I have a copy of the Public Health Law that 'has that definition so you can put it in your file. [Mrs. Wickham submitted a photocopy of Page 16 of the Public Health Law, Section 2800, and of Page 133 of Article 28-Hospitals, Section 2801 for the record.] Now in October of 1978 Federal Funding was approved by a grant award, and this was a competition for a lot of-- a lot of competition for limited funds, so it was a big hurdle that was overcome, and in August of 1979 the Public Health Council in New York approved the project subject to obtaining financing for construction. That's the financial background, and I believe it will help explain some of the documentation you have that was submitted by Mrs. Katz. Now, to give you a little bit of idea of the site selection, we first-- Eastern Long Island Hospital initially offered the first floor of a small detached wood-frame building near the hospital; and we did arrange a lease for that space, but due to accelerated expansion of our program, that arrangem.ent was terminated by the hospital and the building was not suitable to the needs of~the program in any event. Subsequently, the center arranged for a lease of vacant property near the hospital with a relocatable building, but due to limitations of having a relocatable-type structure and revisions in the program, we decided on construction or renovation of a permanent building. And there was an extensive search made throughout the Village of Greenport to find suitable property, either vacant or something that could be renovated. Conferences with the Planning Board and the Village Board in Greenport were held, but a suitable site was not selected, and a search began for outlying areas and the present parcel being available was acquired. One of the reasons if was acquired was because it was near Greenport, which contains a large population base which would be serviced by the center. It's on a good road, a major east-west conduit near the nursing home and hospital, has public water and sewer available, and discussions with the Village of Greenport have indicated that those will be available to the center--those facilities. The property is in the midst of multiple-residence and motel, hotel M-1 Zoning; and also near several parcels zoned business. As I indicated before, I think that the center falls within the hospital designation of 100-30 for a Special Exception, but because of some of the objections that have been raised by various people to this project, I want to specifically address the usage of the property. I think that the Special Exception provision that permits this type of facility contemplates and the Town Board intended that it be contemplated to be compatible with a residential, surrounding residential neighborhood. The center is not a full- pledged hospital with your attending 24-hour traffic, ambulances, police cars, emergency-room operations and related activities that would impinge on a neighbor's privacy or could conceivably cause a disturbance at all times of the day. Any serious problems such as ~Southold Town Board Appeals -8- ember 4, 1980 (Abigail A. Wickham, Esq. continued): I referred to would be referred to the hospital as a back-up facility. The center will be staffed only about 40 hours per week after the phased-in operation in implemented. It will start out I believe a little bit less than that. Three days a week it will be opened roughly nine to five; two days a week roughly one to eight p.m.; and Saturdays probably sometime 8:30 or 9:00 till 2:00 p.m. So there will only be two weekly evening time periods, and in fact those are even uncertain at this point. Apparently, interestingly enough, experiences with other health centers of this type have indicated that evening traffic is slow, and those other centers have curtailed the evening hours. So it's going to be probably primarily a daytime facility, with only limited evening hours as the need indicates. Traffic has been another consideration that's been expressed, and I don't feel that this is a problem. There are not going to be visitor traffic. It's an out-patient facility. You're not going to have people coming in and out. It's gging to be -- the traffic will consist of the staff, which is basically going to be in and out once each day except for the out-reach people. And the staff will probably start around 10 to 12 people, and expand gradually to about 15. There will be phased in as the program needs them. Patients will be scheduled on a staggered appointment basis, so that traffic will not be all at once in or out. Or they will come in in small groups in the center's van to try and coordinate the traffic and not create a lot of individual car traffic. The center is also exploring coordination with the County feeder bus service to help to meet that type of public transportation. Another aspect in terms of compatibility with residential use, the center will be adequately screened and landscaped and any suggestions the Board might have as to that--we're also working with an architect who will have input--and I'm sure the Planning Board also as to appro- priate screening. Now the last item I want to cover has this so-called covenant for one-private dwelling per lot that's been raised. I'd like to explain the history of that issue. Mr. Fransisco, the original owner of this property of approximately five acres total developed the property, sub- divided it in 1974. In connection with his application to the Planning Board made a statement in writing that was not requested by the Planning Board. It was submitted by Mr. Fransisco's attorney in which he made several statements, one of which said that "only one private dwelling shall be constructed on each lot." The statement goes on to say, "therefore," and I'm excerpting, "the aforedescribed premises shall be subjected to the following covenant and restriction which shall run with the land. No lot as shown on said map annexed shall be subdivided or sold except as a single unit or parcel, nor shall the owner thereof grant a portion or portions of the premises to boarders or transients." Consequently, the only covenant on this property is this one which is '?Southold Town Boardef Appeals -9- mber 4, 1980 (Abigail A. Wickham, Esq. continued): set forth that I just read about further subdivision or renting to boarders or transients. The subdivider, Mr. Fransisco, has signed an affidavit dated June 9, 1980 which confirms this and said that these statements regarding one-private dwelling per lot were not required by the Planning Board, were gratuitously made by him only to indicate that zoning regulations regarding use of the lot in minimum square footage would be complied with. Namely, it was a one-acre zoning area. That he did not intend to limit the use of the property to private one-family dwellings, but only to indicate that if a private one-family dwelling was constructed, it would be the only such dwelling on that lot. He did not intend to preclude the erection of other structures which might be permitted under the zoning ordinance of the Town of Southold. In correspondence with the Planning Board in June and July of 1980, Mr. Raynor for the Planning Board indicated that the Planning Board had no objection to -- was in agreement with the -- I forgot to mention something -- Mr. Fransisco further went on to say in his affidavit that he amended ~his statement to read that only structures which would be permitted under the zoning~laws of the Town of South- old be erected on each lot, and the Planning Board indicated that they had no objection to that change. And I'd like to quote from his letter, "...the Planning Board sees no objection to the intent of the change and would like to see a revised list of the covenants and restrictions to fit the needs of the particular lot intended to be purchased by the Fanny Behlen Community Health Center .... " And I'd also like to point out that in Mr. Nedoszytko's deed the property was conveyed subject to the following covenant and restriction, and it was the one I read before about the subdivision and the boarders and the transients, and that's the only covenant that is on the land. And I have a copy of Mr. Fransisco's affidavit that I would like to submit for you, and a copy of the deed. [Mrs. Wickham submitted both the affidavit notarized on June 9, 1980 and copy of William Nedoszytko's deed dated February 24, 1975 for the record.] I'd like to send you copies of the Planning Board letters. I don't seem to have copies of them. Now, the rest of my information really has to do with aspect of this. I don't know whether you want to get into in the next hearing. the variance that now, or MR. CHAIRMAN:' We'll do it on the next one I think. MRS. WICKHAM: Ok. Then I don't have anything further right now, but if you have any questions, I'd be glad to answer them. MR. CHAIRMAN: Jerry, did you have anything? MEMBER GOEHRINGER: Not right at the moment. MR. CHAIRMAN: Nothing right now, Abigail. Anyone else to speak for this application? Anyone to speak against it? 'Southold Town Board~f Appeals -10- Ocember 4, 1980 BENSON S. TELSEY: As far as the restrictions and covenants on the property, they were recorded and once they were recorded and once one piece of property is sold to a purchaser in good faith who is part of the common design, he has a vested property right to see to it that no one builds anything other than a private one-family dwell- ing. Now you can check that with your attorney, Mr. Robert Tasker. Now, we oppose this application of the Fanny Behlen Health Center, an ambulatory care clinic for a Special Use Exception on the following grounds: an ambulatory care clinic does not come under any of the uses set forth in the code. The applicant is trying to have the Board con- sider them a hospital, when in fact the record indicates and they in their own application as to their operation state, and I quote, "limited to medical and dental care of ambulatory patients, etc. and to refer patients to hospital when appropriate." They are not a hospital. A hospital encompasses primarily in-patient care together with related medical services of various kinds. No where in the record has the applicant even submitted to the Board its authority to establish and operate a health center or a health facility of any kind. And they didn't do that until today. However, for the record I submit to you a letter dated October the 24th, 1980, from the State of New York Department of Health, Off~ce of Health Systems Management, Wherein they advise that the Behlen Health Center was on 6/14/79 approved to establish and operate an independent out-of-hospital diagnostic and treatment center. They are not at present operating and are not at present providing any services. The Behlen Health Center is merely a supermarket-type of operation, dispensing medical and dental services, nothing more than sponsors convening together, a group of doctors, dentists and staff, to dispense such services which I do not disparate especially if there is a need in the community. And this has been questionable, because, gentlemen, I submit to you a letter from the Department of Health Services. I think you've got it in your file. SECRETARY: Yes. MR. CHAIRMAN: We have it. MR. TELSEY: Ok. In that letter, the Department advises that the operational grant was disapproved. Many people think are under the impression that a clinic is a community-type of operation, but such in not the case. The directors, the doctors, the dentists and staff are well paid from the income received from medicare, medicaid, blue cross, blue shield., and many other health-insurance-type contracts. And sliding-scale fees, in addition to securing grants because of determined need in the community, to sweeten-up the operation. The Board has no legislative powers. There is no provision in the Code under Special Exception use for an ambulatory care clinic, and to be more specific and independent, out-of-hospital diagnostic and treatment center. The Board has no other alternative than to deny this application, for that reason alone. In addition to that, we have the environmental assessment, the environmental impact. The applicant seems to indicate there will be no traffic congestion. We feel that there will be traffic congestion on a road that is CSouthold Town Boal Appeals -ll- mber 4, 1980 (Benson S. Telsey continued): already overburdened, and being only two lanes leaves no room for error. We are located on a pennisula with only one east-west road to the ferry at Orient Point. We must guard against interfering. with the steady flow of traffic on this road, especially in the summertime during tourist season, for our safety and the safety of the traveling public. Facilities of this type, clinics and so forth, that engender excessive traffic to and fro should not be permitted on this road. In addition, the road is likely to obstructed by labor disputes. Picketing or strikers in front of facilities. We recently had a taste of that when the hursing home workers went on strike, and required the surveillance by the police to keep the road open and unobstructed. These type of facilities shall be kept off the main road and inconvened in accessible places for the safety of the patients and the traveling public. Locating a facility of this kind in an A-Zone will have a major effect on the character of the community, and as far as public controversy is concerned, we have here over 120 people who signed an application objecting to the location of this particular facility. In addition to that, the proposed loca- tion of a clinic is acrossed the way and within 500 feet of County Park property, and will have a major effect on existing and future recreational opportunities. And now Mr. Nedoszytko, would you like to saS something about your property? [Petition with 127 signatures opposing this project was submitted by Mr. Telsey for the record.] WILLIAM NEDOSZYTKO: Well, the only thing I would like to add to this is of course the letter that I submitted to the Board previous. [Letter dated November 15, 1980 and submitted to the Board by mail on November 18, 1980.] MR. CHAIRMAN: Is there anyone else to speak against this? (There was no response.) Gail, now do you have any rebuttal or anything? MRS. WICKHAM: I would just like to make a couple of brief comments. I don't want to keep you here all night. Mr. Telsey's argument that this center is not within the uses contemplated was supported by a letter from a New York State Department, I'm not exactly sure which one it was -- but it is the New York State Law I gave you, which puts this facility within the definition of a hospital. You can't operate this type of facility and incorporate under the State of New York unless you get the approval of the Public Health Council, and both laws -- the Public Health Law and the Corporation Law include this type of facility within a hospital definition. I'd like to ask Mr. Telsey, he indicated he submitted a letter indicating that the operational grant was disapproved? MR. TELSEY: I'll give you a copy. MR. CHAIRMAN: We have an extra one here. (The Chairman gave Mrs. Wickham a copy of the letter dated October 24, 1980 from the N.Y.S. Office of Health Systems Management.) SHERLEY KATZ: I think there has been some confusion in Mr. ~Southold Town Bo~ Appeals -12- mber 4, 1980 (Sherley Katz continued:) Telsey's mind when he read this letter. The operational grant you will find in the material I submitted. The first grant was October 1978, and that one was on the fiscal year of the Federal Government which is October 1 through September 30. We have asked and were granted the right to have the Federal fiscal year coincide with the County, and as a result we are presently on the interim September through December 31st in order to bring us into the State with January 1 through December 31 with the County. You will find in the papers I submitted to you the grant of the, the three-month grant which is for $160,000 and we have a note on that which says that it has been extended through June 30, 1981, and the form is coming to us similar to the first two that are there. We are sub- mitting the new budget for the full year of 1981, and nowhere have we been informed by anyone that the operational grant is not in existence. I'm sorry, Mr. Telsey, I don't see that actually said in this letter. MR. TELSEY: It does say it in this letter. I'll tell you why. The New York Office, 26 Federal Plaza, advises: first of all, the Farmers Home Loan application for a mortgage was turned down. The operational grant-- MRS. KATZ: No, sir. MR. TELSEY: It was, that's what Mr. Green told me. And in addition to that the operational grant was so far down on the priority list that it's practically off the stove. Now that's not a question here. The question here is whether or not, whether or not the Code provides for this type of facility on the North Road in an A-Residen- tial area, and whether or not it provides for medical and dental offices and facilities. A clinic is not a community center operation. We have many clinics scattered throughout the Country here. Doctors start clinics; nurses start clinics; and if an area is determined to be undeserved, then you could apply to the Federal Government for grants. Now you have a grant, but you're not operational. You have not been given any services. You want to get to the operational -- the best place for you to get operational is go close to a hospital. That's the proper place instead of disturbing a whole community. The Code does not permit anything other than a hospital, and the Board has no legislative powers to change it and say a clinic or a hospital facility or a blood-testing laboratory is considered a hospital. They're not considered hospital. MRS. KATZ: I would like to respond to some small items that have nothing to do with your decision tonight. We are not a clinic. We are proposing Center, on which-- from which preventive medicine will be practiced. Number one. Number two, to say we were turned down for the mortgage-- MR. TELSEY: Forget about that. That's not important. MR. CHAIRMAN: Mr. Telsey. Mrs. Katz has the floor. ~Southold Town Bo~ Appeals -13- cember 4, 1980 MRS. KATZ: You raised a question which must be answered. Now this is a rather complex explanation and I hope you will bear with us. In order to get the designation, there are criteria which must be met, there are factors to be considered. At this point I cannot say and I'll be very truthful about it, that we are turned down for the F.H.A. mortgage. This is the decision which is yet to come as we pursue the undeserved designation. We are not a clinic; we will be a center; we do not dispense services because we have no medical people on hand, and nobody is going to dispense services until the program is ready to open for the public properly staffed. When I first looked at the Code, I believe it says a medical care facility-- it may not be the exact quote but that is what it says in the Code MR. TELSEY: It says hospital. MRS. KATZ: And I would let it rest on that. MR. TELSEY: Mr. Grigonis? Excuse me. MRS. WICKHAM: This really got a little out of hand here. Any way, I asked to see the letter about this grant disapproval and I think that the proper status is that the ~application for the Federal mortgage is still pending. There has been a decision in Washington on a recommendatory basis, but that is not a final decision and it's still being processed. And I believe a re-evaluation is going on. And as Mr. Telsey says, although he's the one who brought it up, it's not really part of your concern. The third item Mr. Telsey mentioned was traffic, and you shouldn't overburden the roads -- well, then, we shouldn't let any more people in Southold Town -- that's the logical revolt of that argument. To put these ki. nd of facilities off the major roads, it makes them inaccessible and that doesn't really serve the public. And I do not understand what effect, adverse effect this could have on recreational facilities as far as the County road is concerned. I just want to repeat that I think that this does fall within Special Exception and it would be a real beneficial use of this property and a benefit to the community. MR. CHAIRMAN: I have one question here while you have the floor, Gail. This note at the bottom of the page of contents that Mrs. Katz brought in this evening, "...if through circumstances over which we have no control (federal cutbacks after a new admin- istration takes over in Washington), we cannot use the proposed land for construction. We have been informed by Gerald F. Hunt, Chief of the Prima'ry Care Division, Region II, H.H.S., there remains available $200,000 for renovation .... " MRS. KATZ: May I respond to that? We had an appointment at 26 Federal Plaza November 7th, and present at that meeting were Jane Hadi, Fred Lightfoot and myself, and Mr. Hunt very thoroughly discussed the tenure, the nature of what the Federal Government may do in cutbacks. They do believe that this is a good program, a needed program. And we were informed that in the event through uncontrollable circumstances we could not construct that they would · Southold Town Boar Appeals -14- Ocember 4, 1980 (Sherley Katz continued): make available $200,000 for renovation. I just want you to know that before we run the route of construction, we examined any number of buildings and I can document this, both in Greenport and in Southold, in order to determine whether or not we could go that route initially, and we could not find anything with 5,000 square feet which could actually be renovated for $200,000. It was considered the most expedient and cheapest way of doing it would be to construct. MR. CHAIRMAN: That's explain the little things I had in the back of my mind. Renovating when you didn't have it in the first place. That's explains it to me. Any other questions? (Negative). I'll offer a resolution closing the hearing, and we have an awful lot of stuff to sort out here. We'll probably study this for a week or so, or a couple maybe, or even three. We have to go through every nook and cranny to seek just what can be done and what we can't do, and try to be as far as we can to everybody. MRS. KATZ: If you need any further information, give us a call. MR. TELSEY: What about the variance? MR. CHAIRMAN: That's a separate hearing. MEMBER GOEHRINGER: Seconded. On motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, that the hearing be closed and decision reserved in the matter of the Fanny Behlen Community Health Center, Appeal No. 2736. Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Goehringer and Sawicki. Member Douglass was absent. RECESSED HEARING: Appeal No. 2752. Application of Fanny Behlen Community Health Center, P.O. Box 659, Greenport, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-30 and 100-31 for permis- sion to erect an ambulatory care clinic on property zoned A-Residential and Agricultural and with insufficient distance from street line and insufficient distance from the east side line. Location of property: South side of North Road (C.R. 27), Greenport, NY; bounded north by North Road; west by Fenno; south by Fransisco; east by Nedoszytko; County Tax Map Item No. 1000-40-3-3.1. The Chairman reconvened the hearing at 8:43 p.m. APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER Joseph H. Sawicki Southold Town Board of Appeals MAIN ROAD- E~TAT£ Rr'IAD 2.~ SnUTHOLD. L.I., N.Y. TELEPHONE {516) 765-1809 December lO, 1980 Mr. James I. Monsell Superintendent of Public Utilities 236 Third Street Greenport, NY 11944 ~ Re. Appeal Nos. 2736 and 2~52 ~ ~ ~ Fanny Behlen Community Health Center, Inc. Proposed Site: South Side of North Road, Greenport Dear Mr. Monsell: Please find attached a copy of our October 14, 1980 corres- pondence, to which we have not yet received a reply. appreciate a response as soon as possible. Sincerely yours, CHARLES GRIGONIS, JR. CHAIRMAN The Board would Enclosure By: Linda Kowalski Secretary APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, .JR. Tr'~,R'; TL;T: ilL.' ROBERT J. DOUGLASS GERARD P. GOEHRINGER Joseph Ho Sawicki Southold Town Board of Appeals MAIN RI-lAD-~TATE RrlAD 25 srlUTHEILD. L.I., N.Y. ll~?l TELEPHONE (516} 765-1809 December lO, 1980 Mr. T.C. Hoffman, Regional Traffic Engineer N.Y.S. Department of Transportation N.Y.S. Office Building Veterans Memorial Highway Hauppauge, NY 11787 Re: Fanny Behlen Community Health Center - Appeal No. 2736 Proposed Site: South Side of North Road, Greenport & 2752 Dear Mr. Hoffman: Please find enclosed a copy of correspondence mailed to you on October 10, 1980, for which we have not yet received a reply. The Board would appreciate a response as soon as possible inasmuch as the hearing has been closed and the Board would like to close the file. If you have any questions, please do not hesitate to call. Sincerely yours, CHARLES GRIGONIS, JR. CHAIRMAN By: Linda Kowalski Secretary .Enclosures HENRY E. RAYNOR. 3r,, Chairman FREDERICK E. GORDON JAMES WALL BENNETT ORLOWSKI, Sr. OEORGE RITCHIE LATHAM, Jr, SLaY Southold. N.Y. 11971 July 11, 1980 TELEPHONE ?65- 1938 Ms. Abigail Wickham, Attorney Main Road Mattituck, New York 11952_ Dear Ms. Wickham: The Planning Board is in agreement with the change in covenants for the subdivision Armaroy Acres #98 with regard to Lot #1 which is to be purchased by the Southold Town Community Health Council, Inc. This matter will be held over until the m~eting of July 14 at which time representatives of the health council have an appointment with the board. Yours truly, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Muriel Tolman, Secretary HENRY E. RAYNOR. Jn. Chairmaa FREDERICK E. OORDON ~AMES WALL BENNETT ORLOWSKI. Jr. GEORGE ~TCHIE LATHAM. Jr. Southold, N.Y. 11971 June 17, 1980 ~ TELEPHONE 765- 1938 Abigail Wickham, Attorney Main Road Mattituck, New York i1952 Dear Ms. Wickham: ! The Planning Board reviewed your letter of May 30, 1980 in regard to the minor subdivision of Armaroy Acres at a regular meeting held June 16. The following is from the minutes of the meeting. "Covenants and restrictions were filed in the Suffolk County Clerk's Office stating amongst other things that (2) That only one private dwelling shall be constructed on each lot and (3) that the minimum Size or,the living area on the ground floor of said private dwelling shall be 1200 square feet. The applicant's attorney, Abigail Wickham, has requested a letter from the Planning Board indicating that the two above statements were not required by the Planning Board as a condition to their approval of the subdivision and that the Planning Board has no interest in enforcement of those state- ments, provided that any use of the property does not violate the zoning ordinance of the Town of Southold. The Planning Board sees no objection to the intent of the change and would like a revised list of the covenants and restrictions to fit the needs of the particular lot intended to be purchased by the Fanny Behlen Community Health Center." Yours truly, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Mu_riel Tolman, Secretary UTILITY OFFICE TEL. ($ 16) 477-1748 irRUSTEES ...... POWER PLANT TEL. (516) 477-0172 '.~ ~,-~$~IJFT. OF UTILITIES ~ ~ ::~-~. _ ~ --_~:':.:~f: ,:- ' -. 236 TItlRD STREET ~-": ' '~" *' ,'' GREENPORT SUFFOLK COUNTY · ~:~'~ "' ;. ~ ......... :'7:~ ~ .... NEWYORK 11944 .......... .~- .. ........ .. November 16 - '- : .: Mrs. Sherley Batten Katz Director -:" Fanny Behlen Cen~er .... ~ .... P O. Box 659 ' ' '":::. ." Listed below is infomation on water and sewer service line connections and rates which are on file at the Village Office. "':"~' 1.) ~ater se~ice line - should be l" to service your [adility. ;" ' The 12" ~ater main ts on the north side of the high.ay. This --~-~' "- ":" ~ork is usually contracted ~ith the ~ater _ ~ . .ne-aremen% : ,_ :: A.) ~450.00 paid to the Village, which viii include the ''r ' '--'+ ~ '. ~p on main~ service line under the County Road~ ........... ~./ Rates - ~tv.oO per quarter - ninimum charge. '- .... ~t ....... "' ~'/ The~eWerg"Service line - should be 5" go service your fac~lity. '~':L'--?~. ,,? gravity sewer Is on the south side of the highway. ; , V~;.;.~ ::_ ..= This .ork Is usually done by private contractor and ..:. _.. -'j?.~ . inspected by the Se~er Department.._ -' Mrs. Sherley Katz -2- November 16, 197~ Cost of Installation of sewer service line: A.) $300.00 paid to the Village for the rights to connect any single unit. B.) Have any approved contractor give an estimate for sewer line construction. C.) Have contractor file the necessary sewer application papers with the Village. U.) Rates - 9162.00 per year for 100,000 gals., billed on a quarterly basis. All over 100,000 gals. will be $1.62/M. ._. l~heu your plans are finialized, please forward a plot plan so we may plan location of the lines. .... .-.. . : We wish every success in your endeavor. //~X; Very tr~uly yours, :~_ ,/~.,// James I. Monsel[ Superintendent of Public Utilities JIH:nr .. cc: George Hubbard, Mayor A pp, RO ~. of Greenport Department of Public Utilities Proposed ~ater & Sewer Service Lines Form)- Behlen Center ~ '/~:".- .flor th,Ro&d Scll~' la -~60~ ~--' · ' ' ll.[6.~,~i' · Job ~t~79- Art. 28 HOSPITALS § 2801 The state has reserved to itself the regulntion of the practice of medi- cine in general and of the perform- ance of nbortions in particular, and has preempted the subject of abor- tion legislation and occupied the en- tire field so as to prohibit additional regulation by loc*al authorities of the same ares~ Id. § 2801. Definitions The following words or phrases, as used in this article, shall have the following meanings, unless the context otherwise re- quires: 1. · "Hospital" means a facilify or institution engaged princi- pally in providing s~rvices by or under the supervision of a physi- cian or, in the case of a dental clinic or dental dispensary, of a dentist, for the prevention, diagnosis or treatment of human dis~ ease, pain, injury, deformity or physical condition, including, but not limited to, a general hospital, public health center, diagnostic center, treatment center, dental clinic, dental dispensary, re- habilitation center other than a facility used solely for vocation- al rehabilitation, nursing home, tuberculosis hospital, chronic disease hospital, maternity hospital, lying-in-asylum, out-patient department, out, patient lodge, dispensary and a laboratory or central service facility serving one or more such institutions, but the term hospital shall not include an institution, sanitarium or other facility engaged principally in providing services for the prevention, diagnosis or treatment of mental disability and which is subject to the powers of visitation, examination, inspec- t/on and investigation of the department of mental hygiene ex- cept for those distinct parts of such a facility which provide hos- pital service. 2. "Nursing home" means a facility providing therein nurs- ing care to sick, invalid, infirm, disabled or convalescent persons in addition to lodging and board or health-related service, or .any combination of the foregoing, and in addition thereto, pro- viding nursing care and health-related service, or either of them, to persons who are not occupants of the facility. 3. "Residential health care facility" means a nursing home or a facility providing health-related service. 4. (a) "Hospital service" means the preadmission, out-pa- tient, in-patient and post discharge care provided in or by a hospital, and such other items or services as are necessary for such care, which are provided by or under the supervision of a -' physician for the purpose of prevention, diagnosis or treatment ---~-~ .... ~ of human disease, pain, injury disability deformity or physical ~ n, ~ncluding, but not lnmted to, nurmng service, home- .. ,,,,. ~. ursmg and other paramedlea] service, ambulance service. ...... :~-~ ~'~ ..... ~'~' ....... ? 133 § 2800 PUBLIC HEALTH LAW United States Cede Annetatod Construction and modernization of hospital~ and other medical facilities, see Health r~ourees development, see section 300o et seq. of n2itie 42. · Legislative purl~ose in enacting this costs. People by Whalen v. Woman's hospital service corporation such as 1978.. 44 N;Y.2d 466. 406 N.Y.S~.d ' 'u § 2801. Defi~ti~ ' '-~ ' ':" . - ': '~- The following words or phrases, as used i~ this artleh,-shall have the -~ollowing m~amnge, unless the ~ontext otherwise requires: 1. "Hospital" means a facility or institution engaged' principally in' 'providing services by or under the supervision o£ a. physician or, in the -. case of a dental clinic or dental dispensary, of a.dentist~ for the preven- tion, diagnosis er treatment of human disease, pa~n, injury, deformity or physical condition, including, but not limited to, · general hospital, haspicer~dffie~health center diagnostic c~nter treatment center dental clime, dental dtspeazary, rehahdxtatmn center other than a £amhty used solely for vocational rehabilitation, nursing home, tuberculosis hospital, chronic disease hospital, maternity hospital, lying-in-asylum, out-patient department, out-patient, lo, ge, dispensary and n laboratory or central service facility serving one or more such institutions, but the term hos- pital shall not include an institution, sanitarium or other fanility engaged principally in providing services- for the prevention, diagoosis or treat- meat of mental disability and which is subject to the powem of visitation, examination, inspection and investigation of the. depa~ment of mental hygiene except for those distinct par~s of such a facility which pro- -vide hospital servlee. . . . · -~ ' [See mai~ wolurne for text of 2 to 7] 8. ~'Caretaker" means a person appointed pursuant to the provisions of section twenty-eight lmndred six-b of this article, to act az a fiduciary responsible to the court, which appoints him. for the conserving and pre- serving of the rights and property of the operator of a residential healtb' care facility, while also preserving and providing for the rights of the patients ir~ such facility to care ~ppropriate to their needs in a clean an& wholesome environment in aeeordaane v~itla applicable re_doral and state laws and regulations. . [L~ee mare ~olume for text of'9] -- -,~ ~ _. 10. 'fflespice"'means a coordinated program.of home and ia-patient care which treats' the terminally ill patient and family'az a unit, em- playing an interdisciplinary team 'acting under the direction ot~ an auto- nomous hospice administration. The program provides palliative, and supportive care to meet the special needs arising out of physical, psycho- logical, spiritual, social and economic stresses which are experienced during the final stages of.illness, and during dyinj and bereavement. A~ amended L.1977, c. 895, § 2; L.1978, e. 713, § 2; L.1978, c. 718, §§ 1, 2. 1978 .Amendments, Subd. 1. L. Subd. 8. L.1978. e. 713, § 2, elf. 1978. e. 718. § 1, eff.'Aug. 7. 1978, 'Aug. 7. 1978. added sub& 8. We oooose the application of Behlen Health Cente¥, ~n AMB~LATORY C~ CLINIC, for a Special Use Exception, on the the following grounds: An Ambulatory r~a~re Clinic does not come under any of 'the uses setforth in the Code. The Applicant is trying to have the Board consider them a Hospital, when in fact the record indicates that they in their own application as to their operation, state, and I Quote "Limited to Medical and Dental Care of Ambulatory patients, etc., ..... and to Mefer Patients to ~ospital when aporooriate", They are not a Hosp{tal A Hospital encompases primarily in-patient-care, together with related medical services of various kinds. No where in the Mecord has the applicant even submitted to the Board its authority to estsblish and operate a Health Pacility of any kind. Mcr the record I submit to you a letter dsted 10/2~/80 advising that the Rehlen Health Qenter was,~ on 6/14/69, approved to establish and operate an IndePendent, O,~t-of-HosPit~l diagnostic and treatment center. They are a{ orese~t'=re-ooerational and not providin~ any services. The Behlen Health Center, is merely a super-market type of operation dispensing medical an~ dental services - nothin~ more than Sponsors convening together a group of Doctors, D6ntlsts and Staff to disoense such se?vices, which I do not disparage especially if there is a need in the community, and this has become questionable ~Submit ~etter) ' ' There are many Facilities of this kind scattered around the country, where there is a concentration of patients in need of afeo"dable medical and dental services. However, they are not a Hospitals but Independent 09erations - CommonlM kuo~ as Clinics. Many peoole think a Clinic is a Comm,~nit~ type of Operation- But such is not the case - The Director, Doctors, Dentists and Staff are well paid from the income received from Medicaid, Medicare, Blue- Cross - ~lue Shield, many other Health Insdrance Type Contracts and Sliding Scale fees, in ad:tition to sectoring ~rants, beca~se of determined need in the community, to sweeten up the Operation. The Ooard has no legislative Powers. There is no provision in the Code under Special Exception for an Ambulatory Care Clinic a~ to be more specific an Yndependent - O?~t-of-Hospital diagnostic and treatment Center. The :oard has no other alternative than to deny this application. EWV7 ~0NMEWTAL AS~qESS~E~T: 1) 2) Traffic Congestion Overburden road that is already overburdened and being only two lanes leaves no room for error. Town is located on a'Penid~awith only one E-W Bead to the Ferry at Orient Point. We must ~uard a~ainst interfering with the steady flow of traffic on this road, especially in the summer time during tourist season. For our own safety an4 the safety of the Travelling ~blic. Facilities of this type (Clinics, etc.,) that engender excessive traffic to and fro should not be permitted. In addition the Woad is more likely to be obstructed by Labor Disutes - Ptcketin~ of Strikers in front of the ~acility. We recently had a taste of it when the Wursing Home Workers were picketing and required the constant surveillance by the Police to keep the Woad Ooen and unobstructed. sh~lld These types of be kep% off the th~ Main Mead and in convenient assessable places for the safety of the Patients and Travellin~ Public. LocatinK a ~a2ility of this kind in a A Zone Residential Area will have a major effect on the character of the Community. Public Contraversy - The adJoinin~ owners, the neighbors and othe~ residence in the community streneously ob.~ect to the pronosed location the the Clinic. Submit Petitions. In fact the adjoining lot owner in the sub-division where the Clinic proposes to locate has brought to *he ~oards attention that same is covered by Protective Becorded Covenants restricting the erection of anything other than a private dwelling. He has a Vested property rtqht and in- tends to enforce the same. The Proposed !ocatio~ of the Clinic is across the road and within 5D0' of County Park Property and will have a Major effect on existin~ and future recreational opoorSunities. VA.WT.A~CE for Street and f,ot lines under gpecial Exception There is no nrovisio~ in the Code for this type of Apol~cation. The Code Specifically provides that ~ an aoolfcant came under the Special Exception uses, They Are ~f~JE~CT to the following ME~TMEM~TS - among others · -a) No Building or part thereof or any Parking or Loadinq area shall be located within 10O, of any Street ~ine nor within 50' of any lot line. T say again the ~oard has no Legislative powers. They must follow the letter of the I, aw and have no power to grant a Variance in Special ~wcept~on Use ~ases. This applicatlo~ must also bo denied. / Box 632,~'SY~vi~T~d7 Cotorado 61~3~ ~ltdX,~ at 7t9 ftrlt Stmt, G~rc, ~ York ttg~ Suffolk and Scat- of b York. Log ~2 es do~rLbed Lu by ~r~ck Van ~1 ~ Ap~I 16, 197~, ~ ~l~ wed the PlennLn8 ~ard ~to~r 7, X97~, L~ ~ a~ point o[ b¢~LnnL~ ~kns ~ ~esterLy co~r o~ l~d o~ jeskt;- ~r~ saLd ~Ln~ o[ ~Stnutns ~nLn8 al~8 ~Ld land Sledieakt and ~and o~ Shuclr ~ ot~rl, South 9° ~1' ~0'e ~lc :eec co afl Lron p~; the~e a[on8 l~d o~ ~ ~rcy o~ ~ parc, souc~ ~0° 18--ZO'* Vest 1~.08 [eec co ~ L~ p~; C~d alon& satd land o[ c~ parry o[ chi [Lrst parc ~ al~8 feet to an ~r~ pL~ o~ sa~d sou~rly LL~ o[ ~d; ~ along oa~d souc~rly 1~, ~rch ~2° 370 ZO' ~t 2~.~ [MC 5 b/': : FRAN~ J. N~'GLTA M-3211 CTIC # 7908-04716 STATE OF COLORADO ) ) COUNTY OF SAN JUAN ) SS: ARTHUR LE ROY FRA~. CISCO, JR., being duly sworn, deposes and says that he resides at Box #6, Silverton, Colorado. Deponent makes this Affidavit in connection with his application for permission to subdivide property at Greenport, New York, known as Armaroy Acres, to the Southold Town Planning Board date~ July 15, 1974, recorded in the Suffolk County Clerk's Office in Liber #7745, Page 27. In said Affidavit, deponent made the following statements: a) That only one private dwelling shall be con- structed on each lot. b) That the minimum size of the living area on the ground floor of said private dwelling shall be 1200 square feet. 2. That those statements were not required by the Planning Board as a condition for their approval of the minor subdivision. 3. That those statements were made gratuiteus!y by him, only to indicate that zoning regulations regarding use of the lot and minimum square footage would be complied with. 4. That deponent did not intend to limit use of the property to private one-family dwellings, but only to indicate that if a private dwelling was constructed on a lot, it would be the only such dwelling to be constructed on the lot. 5. Deponent did not intend to preclude the erection of other structures which might be permitted under the zoning ordin- ance of the Town of Southold. 6. Deponent hereby amends his statement set forth above to read as follows: 2. me That only structures which may be permitted under the zoning laws of the Town of Southold shall be erected on each lot. That the minimum size of such structure shall comply with the zoning ordinance, but in no event shall the ground floor of such structure be less than 1200 square feet. 7o Deponent has contracted to sell Lot #1 of said subdivision to the County of Suffolk for the intended construction by the Southold Town Community Health Council, Inco of a primary care health facility. Deponent has no objection to such use, provided same complies with the zoning ordinance of the Town of Southold. Deponent makes this Affidavit to induce the County of Suffolk to accept a deed conveying title to Lot #1 of Armaroy Acres and to induce The Chicago Title Company to issue a fee title insurance policy insuring same. ~ Francxsco, Jr.) OFFIOE WILLIAM R. PELL III SUPERVISOR T ~LD MAIN ROAD $OUTHOLD, L.I,, N.Y. 11971 TELEPHONE (516) 765-1800 (516) 765-1939 We, the u~dersigned, hereby object to the locating of the Tanny ~ehlen gontmunit¥ Health ~enter, on the North Poad (OR 27/28), as setforth in "Notice o£ Hearing of the Board of Appeals of the Town. of So~.thold , dated September 2~, 1980, and to be held on October 16, 19~,0, NOW rece~e~to December ~, 198¢ ADD1RE$$ W~, the undersigned, hereby object to the locating of the Fanny Behlen Community Health ~enter, on the North Woad (CH 27/28) as setforth in the "Notice o£ Hearing o£ the ~oard of Apoeals of the T~wn of Southold", dated Seotember 2~, 1980, and to be held on October 16,1980, now Wecessed to December h, 19~0. ~e, the undersigned, hereby object to the locating of the Fanny Behlen Community Health Center, on the North Road (Ct 27/28), as setforth in "Notice of Hearing of th~ Board ef Appeals of the Town of Southold", dated September 25, 1980, to be held Oct. 16, 19~0. NOW ~F~CESSED, to December 4, 1980. We, the undersigned, hereby object to the locating of the ~anny Behlen CooL. unity health Center, on the North Road (CR 27/28), as setforth in the "Wot!ce of Hearing of the Board of M~oeals of the To~n of So~thold", dated September 25, 1980, and ~o be held on October 16, 19,~0, now recessed to December 4, 1980 We, the undersigned, hereby object to the locating of the Fanny Behlen Community Health Senter, on the North Road (CM 27/28) as set£orth in "~Totice o£ Hearing of the Town of $outhold ~oard oS Appeals" dated September 2~, 1980, and to be held on 0ctobeP 16, 1980, now recessed to December 4, 1980. NAME ADD~ESS .. We, the undersi~ned, hereby object to the locating of the Fanny Behlen gommunity qealth Contel,, oD the ~?orth ~oad (CR 27/28), as setforth in the "Notice of Hearing of the Board of Appeals of the Town of Southold", dated September 25, 1980, and to be held on October 16, 1980, now recessed to December 4, 1980. ~ame We, the undersigned, hereby object to the locating of the Fanny Behlen Community Health Center, on tbs North Road (CH 27/28), as setforth in the "Notice of Hearing of the Board of Aopeals of the Town of Southold", dated Sept. 25, 1980, to be held Oct. 16th, NOW RECESSED$ to ~NI~W~I~ December 4, 1980 STATE OF NEW YORK DEPARTMENT OF HEALTH OFFICE OF HEALTH SYSTEMS MANAGEMENT TOWER EUILDING I TH;' GOVERNOR NELSON A. F;~)CKEF£LLER EMPIR£ STATE; PLAZA · ALBANY, N.Y. DAVID AXELROD, M.D. Commissioner RICHARD A. BERMAN Direcgor October 24, 1980 Mr. Benson S. Telsey North Road Greenport, Hew York 11944 Dear Mr. Telsey: Thank you for your letter of October 2, 1980, to Governor Carey regarding the Fanny Behlen Health Center. The letter has been referred to me in the Office Of Health Systems Management for response On dune 14, 1979, the Fanny Behlen Health Center received approval from the Director of the Office of Health Systems Management to establish and operate an independe~, outzof-____hg~.pit, al and treatment center. The Fa--"~"~'~~ication and proposal was re~i&~e~-by't~-I~'i Health Systems Agency, the State Hospital Review and Planning Council, End the Public Health Council prior to receiving approval by the Office of Health Systems Management's Director. Because of outstanding issues related to facility financing and architectural plans, final ap~rov@l~__to be_~_in~o_con~ruq~j_~o~h~s_Dg~ ~.en__g.~.~n until the faci~' ~o~o--r~ ha~ submitted evidence which r~olves these issues to the satisfaction of this agency. With re ag~_c~ ~o si__t~ s~]e_~_qtion for the facili~t.~., it is the respon%!~ili~ of._~ a~or i¥~'~s i-~' ~-~'~-C~~ ~etermine an~for~ ~on i ng laws. ~0~ St~-~C~e requires that licensed medical facilities meet all local laws and ordinances. In view of the fact that zoning ordinances are a local matter, I would like to suggest that you contact the Zoning Board in the Town of Southold to register your concerns. Thank you for your interest. Sincerelv.:.~ .// // ~m. Jo ~ll~ms Ill Director Bureau of Ambulatory Care Services DEPARTMENT OF HEALTH AND HUMAN SERVICES PUBLIC HEALTH SERVICE HEALTH SERVICES ADMINISTRATION Mr. Benson S. Telsey North Road Greenport, New York 11944 BUREAU OF COMMUNITY HEALTH SERVICES OCT ~. 8 1980 Dear Mr. Telsey: Thank you for your letter of October 2, 1980, sent to the President concerning the Fanny Behlem Health Center, Greenport, New York. The Fanny Behlem Health Center is funded via the Southold Town Community Health Council, Inc., as a Community Health Center (CHC) under section 330 of the Public Health Service Act. The major focus of the CHC program is the development of health services delivery capacity and the support of ambulatory health care projects located in rural and urban ~edically underserve~areas (MUAs). Federal assistance is made available when it is determined that ~{ther ~he ~X~i~g pdb~T~c and priv~ate health~, services financing arrangements or delivery systems are inadequate to ass~re~_~cs~o duality health car~. Project grants ar awa!ae~_t~p p~6~i~an~ non ro~t rivate or anmzatmons to assist the~ ~n establishin$ or continuin~.lthe operation of aiCHQ~ Currently, the Fanny Behlem ~ealth Center is pre-operational and is not pr~vidin~ a~y services. It is our understanding that Suffolk County has purchased one and one-half acres of land which it will donate to the Fanny Behlem Center once financing for the project has been achieved. In this regard the project did submit a preapplication for the construction of a facility to the Department of Health and Human Services (HHS), Region II, in New York City under a joint a~greement between HHS and the United States Department of Agriculture. ~T~gional Office reviewed the application and forwarded their recommendation for fund~h'~u~ea~ O~ C0mm~n-fty Health Services where the recommendation was disapproved~. Since administrative responsibility for the review, funding, and monitoring of health care programs is in the Department's Regional Offices, copies of this correspondence are being forwarded to Mr. Karst J. Besteman, Regional Health Administrator, Region II, so Page 2 - Mr. Benson S. Telsey that he will be aware of your concerns. Mr. Besteman's address is the Department of Health and Human Services, Region II, 26 Federal Plaza, New York, New York 10007. The telephone number is area code 212 264-2560. Thank you for your concern regarding the administration of our program. If we can be of further assistance, please let us know. Sincerely yours, Edward D. Martin, M.D. Assistant Surgeon General Director APPEALS BOARD MEMBERS CHARLES GRtGONtS, JR., CHAIRMAN SERGE DOYEN, JR. TERRY TU ,mill LL ROBERT J. DOUGLASS GERARD P. GOEHRINGER doseph H. Sawicki Southold Town Board of Appeals MAIN ROAD-STATE ROAD 25 SOUTHOLD, L.I., N.Y. llg?l TELEPHONE (516) 765-1809 November 28, 1980 To: Abigail A. Wickham, Esq. Main Road, Box 1424 Mattituck, NY 11952 Mrs. Sherley B. Katz P.O. Box 659 Greenport, NY 11944 Re: Fanny Behlen Community Health Center, Inc. Appeal Nos. 2736 and 2752 Dead Ladies: Regarding the above-entitled matters, please provide our office with copies of all approvals and related correspondence which you may have received concerning the above center from any and all other involved governmental agencies. Thank you for your cooperation. Sincerely yours, CHARLES GRIGONIS, JR. CHAIRMAN CG:lk ISOUTHOLD SENIOR CITIZENS CLUB Peconic Lane Peconic, New York 11958 ~mbers of the Town Board Southold T~n Nain Road Southold, New York 11971 ~ovember 12, 1980. Re: Fanny Behlen Community Health Center Gentlemen: Reference is made to copy of letter (attached) from ~.~. Benson S. Telsey of Oreenport, N.Y. ~Mr. Telsey requested, of the various Senior Citizen groups their feeling on the proper locatic~ of the proposed Fanny Behlen Cor~unity Health Center~ and to ~dvi~e the Town Bo~d of such preference. Inasmuch as the land for this site bas already been purchased on the Uorth Rosd by the F~nny ~ehlen Community ~Iealth Center, it would seem inappropriate to state a preference for a location other thm the one where the land has been ~urchased. An unofficial consensus of opinion weighed heavily in favor of the location proposed for the North Road. ~-ery trl~ly yours, '~Villiam Weinheimer Corresponding Secretary ~. Otto Lichtenberger President Enclosure~Letter from ~.~r. Benson S. Telsey dated September 30, 1980. Orig. September. 30, 1980 Me: Vanny Be~hlen Co~u-m~uity Health Centex' (&mbulator~. Care Clinic) It has come to my attention that the above mentioned Center pro0ose to locate on the North Road (County Road ~28, Suffolk County N.Y.,Town of $outhold) west of'~een Street a short distance from the Entrance ~nd Exit to MampKrounds of Ame r%ca ~ac~lity ( a mobile trailer park) and has made a application for a variance to the Board of Appeals of the Town of $outhold. This road is a two l~ne road already overburdened by traffic, in view of the fact that we not only have the K.O.A.~ located thereon but we also have within a short distance -. 3 Motels, 2 ¢ondominlum Complexes, a Restaurant with a large Banquet hall for Dining and Dancing, a Nursing Home that has been granted permission by the Town to Build Condominiums. The Master Plan of the Town of Southo!d Zoned this area Pestdenttal - Aqricultural and to locate a Health Center here would not only violate the Zoning but will create a Hazardous an~ Dangerous road for the residents as wel~ as others who use the center and the road. ~ The Master Plan of the Town of Southold provides designated areas where a Health Center may be located and should be located there ~nd not iua area where it is not pe~itted. The resid%nts in the area favor a Comm~nlty Health Center but Str~nously Oppose and Object to locating same on a two lane country road, Zoned Hesiden~ial, &nd miles away fro~ t~e ~en~er or Fresen~ ~'acili~ies ~ospital, etc.,~ an~ where ~ajori~y or uses may reside and may use s~e withou~ t~e need or"'~r~usporta~lon to ann from t~e health center. Prope~ ~catfon of the cen~er will avoid au unnecessary ex-pause burden on the tarpayer in addition to the Safety Factor - Severe Traffic Congestion~ I urge you to use your good offices to have this matter Followed Up and Studied in Depth before thousands of dollars o~~ taxpayers money is wasted on a Health ~euter ~nproperly Eocateda. and by reason thereof creating a dsnMerous conditlon~~ I thank you for your t~mediate attention to his matter as time is of the essence. Oespectfull~ yqurs, ,, ~enson S. Telsey (I i ~orth Moad, Greenport~N.Y. 11%4 Dear Sirs: r ourohased Eot 42 in Y~cra7 Acres,locatet on the Worth Woad west of queens Street, for the purpoee of bu~',~-~ ~ ,. a ho~e for ~-~7 fa~i!y. Amstar Asres ~s a four lot sub,tv!sion was restri~'ted to the~on.t~ ~'.~,~tion of only on~ on ~ach lot by ~ ~ ' :~ ~o~.~ea Covenants to t_~a.~ ef~ec2 before a~vrovei b~ the P~a~nin~ ~oard. . ..... ~.i a notise from the ~-~=~ =sari teac o~ aoolication was male by ~h= =e~e~ H~-a!ta lentgr "~ - .... o,~,~e toe -'O-rq, voiced my objection o~ ?ay~ tke~ a cosy of the ~-~o~d~ ~ ~{~a+{m~ wi~ be denied, but in the ,~v~._t that !t is not, r Would hav~ no other a!te~at!v~ than to reta{n him ts ~o into t~ ~u~r~te ~o'~rt to secure a . ~.t. ...... = '~ Ooard does not honor restrictive co4'enants ~e_~ ~ o~d 'eefore 't'~._< a~o~ovei the subdivision, ~.,~ as to '~v=~~.· _~ sit,!ations of this kind. .~=o~ar-]y of ~v~= somethin~ ,other t"~ n~'~t to his hom~, ur!ess on~ ~o~s to the ~rouble sn.d expense of 5Fill ~-- = - ~n~ Town ~oard,or ~ts at~oT'o..ey, please &ivlse r thank you for a orompt reply. To: Southold Town ?card, ~o,:tho!i Zonin~ n~rd a~i ~o':tho!d ?larni~ =card, mown ri'al!, R. M. KAMMERER, P.E., ~)OUNTY OF SUFFOLK DEPARTMENT OF PUBLIC WORKS BARNEY A. EVANS, P.E., L.S. October 16, 1980 Mr. Charles Grtgonts, Jr. Chairman Southold Town Board of Appeals Main Road, State Route 25 Southold, NY 11971 RE: C.R. 27 - North Road, Greenport Dear Mr. Grigonis: In accordance with your request, this is to keep you updated relative to any improvement projects we have for C.R. 27 in the vicinity of the proposed Ambulatory Health Care Clinic in Greenport. Capital Project number 5028 was never reinstated in the Capital Program; and, therefore, as of this date, there are no official plans to widen or otherwise improve this section of road. If our comments were solicited on such a matter, we would not object provided that the owner dedicate a 12-foot strip of land in order to provide for any possible future widening. If we can be of further assistance, please let us know. Very truly yours, A. Barton Cass Deputy Commissioner ABC/vf cc: Mr. E. Brown COVENANTS AND RESTRICTIONS L. 7745 P.22 Application for proposed minor S~bdivision of un~proved property located in the town of Sot~thold in the Village of Greenport, County of Suffolk and State of New York (as shown in copy of description, recorded in L~ber 7629 Page 216~ and s~rvey dated April 16, 1974 both of which are attached hereto). ARTHUR LE ROY FRANCISCO, JR. Subject to the following: 1. That no lot or portion thereof will Be further s~,bdivided or otherwise split, 2. That only one private dwelling shall be constructed on each lot 3. That the minimLm~ size of the living area on the ground floor of said private dwelling shall be 1200 square fe~t, 4. That plans and specifications n,~st be submitted to the developer ,~reasona ly withe]d, for approval and s~ch approval shall not be ,- b 5. That all owner~ of the several lots or plot~ shall each share in the general expenses for maintaining the thirty-foot r~ght-of way in X mills per thousand of the assessed valuation. Further, the said sum shal] not exceed $50.00 per year in addition to the pavement of the taxes thereon. Now Tlxrefore, said afforesaid described pre~nise~ shall be s~bject to the following Covenants and Restrictions which shall run with the land: "No Lot, as shown on said Map annexed h~reto as Exhibit sub-divided or sold - Except as a single unit or parcel owner thereof rent a portion or portions of the premises transients. "A" shall be nor shall the to boarders or Ack. 7-15-74 Rec. 11-8-74 October 1~, 1980 We, the undersigned, hereby object to the Locating of proposed Wanny Rehlen ~ommunity Health genter on the Worth ~oad (,gM 27/28) as setforth in "Notice of Hearing ~eeore hoard of Apoeals" of the Town of $outhold on October 16, 1980. Wame Address Sept,. 15date hear, ng o.n den l umt I'*1 ~ JOVAN ~ ..... * GREENPORT - Beeaues the federal goverument Ires ~" ~d "m~y ~ ~" ~ N~ ~o~ H~ ~ ~, a f~ ~m, ~ ~M a ~Uc ~ on ~ f~i~ ~ a m~ a~ ~ an a~ ~ c~. ~ ~Uc h~ ~ ~ for ~. 15 at 7:~ p.m., ~ ~ ~ve M~ ~m ~ ~e ~v~d ~ Cent. To ~ ~ ~e F~y ~ ~mm~ H~ ~, ~ a ~ld p~c n~ w~ w~ ~ f~ ~ ~ ~o~ ~ve yet q~ h~ ~, ~ c~ ~ s~ ~ o~ ~' f~. A~ ~ S~ley ~ a s~ at ~ c~, ~ ~ ~u~ ~ ~ ~t~. Ap~M f~ ~ m~ ~ ~ ~e h~ c~t~ ~ ~ ~ ~ ~e B~ ~t~ ~ ~ a wl~, ~t ~c ~d ~t c~ ~ ~ ~ m ~or ~. ~ a~ ~t a f~e d~ a ~n~l Ka~ ~d ~e ~m for ~ ~t ~n't ~ ~ aren't enough dent~ts in Suffolk Count,/, but because of an )~economic barrier. "Many pee~e cannot afford dental care,'* she said. Financial arrangements for the center include-a 30-~ear tOOlart i~t ~ *~ ~ five .nerve_rtL The '~Health and Human Services A~ency, formerly the Health, Education and Welfare Department, has given the North Road. o~ of the building includes a r~m for tskia~ X-cays, darkroom for developing, and a lab. "It's easier to build now thsn to add on later," Kats said. While Kats could Dot give an esttmato~., cost of the projectt she said the Cost was "reasonable and within the concept, BTuse the application has not been turned down." it is a fede~l program, some county monies will volved* A total of p,0,000 yearly f~ operating c~s~ will from the county, along with an initial equipment preventive mec~lcine, good care regularly, not when it's ~an ,I ~ the first y~ of which w~ be dentni patients. Vat= sam me schedul~n8 of s~e~d hours for evenin~ and.S~.turday offl. ce ~me for w __o~pl_e~ a play a~en to keep cm~aren oecupied ~ t~eir parents are bray with the center's dentist, ~and a O~er 1~ de~lVn_d ',vlr~ heai~ selwiess, include fnmily plannin~ mental-e _o~3nsel~-an~ifin¢ home ~i-enlth aides.~ull time staff ~-~'~"ude two. l~ysiciam, a medical assistant receptionist, nurses, several beokkeeping and bmtne~ personnel, pdmJ~J~tzatm*, worker and two out~each people. The outzeach people will see tlmt the cornmunity is aware of the ser~ces, that pa~ will be able to keep appointments, and cm~ld even deliver medicat~ens, she said. They will basically "determin~ potentini needs," she said. . ,,n~]~ be able to make uae of the services, Katz explained. Throe who aren't cove~ed by Medicare private insurance wOl pay a fee based en ability, ustn~ a slidin~ fee scale, she s~id* "They wlU find R easy to uam tine, .: system." Katz strained the cretin' wmdd take en cmtnm~-~ coul.dnaWay from area dentists or "salO~ aaa ~ dentists actually co~Id gain patients through Although the center l~'Opmee to run en an appointment basis, in e d r needing atz smd she expects Some c~mcern to be voiced by the Suffolk Co~mty Dpnta] Associatien, but proponents behind the center have some st~m~ arsuments' ~OUNTY OF SUFFOLK DEPARTMENT OF HEALTH SERVICES October 8, 1980 DAVID HARRIS, M.D.. M.P.H. Mr. Benso~ S. Telsey North Road Greenport, New York 11944 Dear Mr. Telsey: Thank you for bringing to my attention the question of the zonimg of the site proposed for the location of the Fanny Behlen Health Center. I have not .previously been informed about any potential zoning problem. This ~ealth cen- ter is not to be operated by the county, although the community group proposing to operate the facility would receive some county assistance, including an ar- rangement by which the county would purchase the site proposed by the Fanny Behlen Health Center Board. This land would be transferred to the community group for the purpose of operating a health center. I am bringing your concerns to the attention of the County's Department of Real Estate, as that department is involved with the purchase of the proposed health center site. I agree that health facilities should be subSect to local zoning as set out by the local planning board. I do not know what impact a 'change in location would have on the plans of 'the Fanny Behlen Health Center Board. I am sure that this will be discussed at the public hearing which you mentioned. I do hope that this matter can be resolved so that efforts can proceed to bring additional health services to the area. Sincerely, David Harris, M.D., M.P.H. Cornm~ ssioner DH:bk CC: Sidney Mitchell, Co~nissioner Suffolk County Dept. of Real Estate Anton Borovina, Assistant County Attorney Shirley Katz, Acting Director Fanny Behlen Health Center Henry E. Raynor, Jr., Chairman Southold Town Planning Board APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER Joseph H. Sawicki Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 October 14, 1980 Mr. James I. Monsell Superintendent of Public 236 Third Street Greenport, NY 11944 Utilities Re: Appeal Nos. 2736 and 2752 Fanny Behlen Community Health Center, Inc. Proposed Site: South Side of North Road, Greenport Dear Mr. Monsell: Our office has received two applications for permission to erect an ambulatory health care clinic at the south side of North Road, Greenport, as shown on the attached plans. Applicant has stated that the reason for locating building only 50 feet from the County Road is because "...of the location of the sewer line along Route 28... to allow gravity feed of its sewage .... " the Could you please advise whether or not the sewer lines have been installed; and if not, would an alternate location (permitting a farther setback of the building) also be feasible. Any information you can provide us regarding the sewage, and the Village's providing water for this project, will be greatly appreciated. Sincerely yours, Enclosures CHARLES GRIGONIS, CHAIRMAN By Linda Kowalski Secretary JR. APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR.,CHAIRMAN SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHR{NGER doseph H. Sa~ick~ Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.h, N.Y. 11971 TELEPHONE (516) 765-1809 October 10, 1980 Mr. T.C. Hoffman, Regional Traffic N.Y.S. Department of Transportation N.Y.S. Office Building Veterans Memorial Highway Hauppauge, NY 11787 Engineer Re: Appeal Nos. 2736 and 2752 - Fanny Behlen Community Health Center, Inc. Dear Mr. Hoffman: Our Department has received two applications requesting permission to erect an "ambulatory health care clinic" at premises zoned A-Residential & Agricultural" and located at the south side of North Road (C.R. 27/28), Greenport, New York. One of the matters particularly of concern to the Board is traffic safety; and we respectfully request your input regarding same. Enclosed are copies of the applications and relative documents. Thank you for your consideration. Sincerely yours, Enclosures CHARLES GRIGONIS, CHAIRMAN By Linda Kowalski Secretary JR. APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. TE~RY TUTM~LL ROBERT J. DOUGLASS GERARD P. GOENRINGER Joseph H. Sawicki Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11c~'71 TELEPHONE (516) 765-1809 October 14, 1980 Mr. William. S. Matsunaye, Jr. Chief Enqineer Suffolk County Department of Public Works Yaphank, NY 11980 Re: Appeal Nos. 2736 and 2752 Fann.y Behlen Communit.y Health Center, Inc. Proposed Site: South Side of North Road, Greenport Dear Mr. Matsuna.ye: Our department has received applications requestinq permission to erect an ambulatory health care clinic at the south side of North Road (C.R. 27 or 28), Greenport, Town of Southold, New York, approximately 65 feet off the County Road as shown on the attached site plan. Also attached is a copy of correspondence from your office dated. July 17, 1975 concerning Capital Project No. 5028. Would you please provide us with up-to-date information concerning this project or any other project anticipated.through your offices. Thank you for youc attention to this matter. Sincerely yours, Enclosures CHARLES GRIGONIS, CHAIRMAN By Linda Kowalski Secretary JR. Seth A. Hubbard Cha/rman Lee E. Koppelman D~rec~or of Planninff Suffolk County Department of Planning Mr. Albert W. Richmond - Town Clerk Town of Southold Main Road Southold, N.Y. 11971 N V.N. KLEIN, County Executlva Veter~Jns MemoriM Hif, hway Haut~pauge, L. I., N. Y. March 8, 1974 979-2920 Application of "Richard C. Wilton and John J. Clanton" for proposed changes of zone from "A" Agricultural and Residential to "M-l" General Multiple Residence District and "B" Light Business District, Town of Southold (SD~74-5) Dear Mr. Richmond: Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the Suffolk County Planning Colmnission, on March 6, 1974, reviewed the above captioned zoning actions aud after due study and deliberation did take the following action disapproving these changes of zone: 1. The proposed number of campsites is inconsistent with "M-I" General Multiple Residence District requirements; 2. The Creenport Water and Sewer District is unable, at this time, to guarantee the necessary water and sewage facilities; and 3. The intrusion of business zoning along Middle Rd. would be incon~ sistcnt with the residential pattern of zoning in the surrGhnding area and would provide the ~n~petus for the further perpetuation of [mdesired strip retail comlr, ercial development along the county road- way and which would be h~cons~stent with the Town Master Plan wherein it states that "commercial ribbon development ~]ould be ...absolutely prohibited along C.R. 27". Very truly yours, GGN: fp Lee E. Koppe]man Director of Planning Gerald g. Ne~nnan Chief Planner 516 924-3451 COUNTY OF SUFFOLK DEPARTMENT OF PUBLIC WORKS R. M. KAMMERER, COMMISSIONER YAPHANK, NEW YORK, 11980 Benson S. Telsey, Esq. ll7 Court Street Brooklyn, New York ll201 July 17, 1975 Re: CR 27 (North Road), Southold Dear Sir: The following information is sent to you to confirm our previous conversations relative to Capital Project No. 5028, which is the proposed improvement of CR 27 (North Road). In answer to your most recent question, this road was_proposed for improve- ment or widening in order,.t.O provide an adequate and safe width of pavement for present day traffic. IA~s you know, this r~d was built many years ago to meet standards which ar~presently outmoded~.iThe widened road would include features which would greatly___~ha~ce Alt~Jugh we have not yet done any survey work along the existing route, it was our intention to follow the present course of the existing road. Due to the fact that we have not begun any survey or engineering work on this road, it is difficult to predict on which side of the road the widening will be made. If our present information is correct, it would appear that the road might be widened approximately 12 feet on either side of the present right-of- way. No precise determination can be made until we perform the survey. Due to this fact, we advise you to keep in touch with us periodically. We will be happy to advise you if the funds are provided for the survey and engineering, so that you may gauge for yourself when the actual work might begin. Very truly yours, William S. Matsunaye, Jr. Chief Engineer By: A. Barton Cass, P.C.E. WSM:ABC:ef Fanny Behlen Community Health P. O~ Box 659 center, Inc. Greenport, New York 11944 (516) 477-2968 September 29, 1980 The Zoning Board of Appeals Town of Southold, New York Main Road Southold, New York 11971 Gentlemen: Ref: Letter of September 22, 1980 from George H. Fisher, Sr. Building Inspector, to Mrs. Sherley E. Katz, Main Street, Greenport, N.Y. 119~ re: site plan Fanny Behlen Comm.~unity Health Center The health clinic which we propose to build at 69390 County Road 28 on Lot 1 of Armaroy Acres, Minor subdivision 98, is the result of many years of study and preparation by the Health Council of the Town of Southold and concerned individuals. Their sense that a health clinic is needed in Southold has been supported by the Federal Department of Health and HUman Services, which has determined that our region is medically under-served, despite the existence of hospitals at Riverhead and Greenport, principally for preventive and curative attention to ambulatory clients. Accordingly, federal funds have been granted to the Fanny Behlen Health Clinic project to allow plans to be developed for it. Suffolk County authorities have also reviewed the project and by special County legislative action, funds were provided to buy a site for it. Since the project is expected to operate on a fiscally sound basis to protect and conserve public funds granted to it, it is essential that the cost of its land and building be kept as low as possible, and that its operating costs be held down. In our search for a suitable site, the services of realtors were employed, and the site, purchased as noted, with the aid of an advance of County funds, is the only one out of many examined that could be purchased in an A Residential and Agricultural Zone at a reasonable price, without sacrificing safety, conv~n'ience and economical building costs. As a result of requirements placed on us by the sponsoring government agencies ?o incorporate dental offices and other service facilities in the building, it has turn out that the size of the building necessitates smaller distances to:the lot lines than the code spec- ifications. It is also necessary to have the building closer to the road than the code specification because the lot slopes down to the south. It would be impossible to get gravity feed of the clinic's sewerage to the existing sewer along Route.28 if the building were placed further south, except at prohibitive costs for landfill, which could also bring about drainage problems for the lot to the south. Fanny Behlen Community Health P.O. Box 659 Center, Inc. Greenport, New York 11944 (516) 477-2968 The Zoning Board of Appeals Town of Southotd page 2 We are willing to use screening along the lot lines to neutralize the effect of shorter than code distances to the lines. With respect to the questions of parking spaces raised in refer- enced letter, we note that the medical and dental staff planned for the clinic will consist of two doctors and one dentist. On the basis of Code section 100-112A, which requires five parking spaces for each physician or dentist, we would need only fifteen (15) spaces. We have allowed for thirty-three (33), which is more than required. However, Mr. Fisher refers to twenty-nine (29) spaces, evidently because he has discounted four (4) which are closer to the road than the Code stipulates. If we are not allowed to retain these four(~) spaces as shown on our site plan, we could put them at the rear of the parking area. They would come within thirty-five (35) feet of the rear lot line in that arrangement. Our architects, Sacco & Ahlers, are trying to determine whether any Juggling of the areas for the building and the parking lot could bring the site plan closer to code and we will submit a second site plan if their ingenuity can materially improve on the one reviewed by Mr. George H. Fisher. However, we anticipate that a variance will definitely be needed on the distances to the road and the lot lines. We trust that, in view of the benefits that will accrue to the people of our Town who need the services of a clinic, particularly many of our children, who no longer get dental checkups at school and receive only a limited physical examination every~other year, and for the sake of economies in the spending of government funds, that you will approve the use of the lot for the clinic and the variance required for front and side distances. SBK/ep Re~spectfully yours Sherley B. Katz Acting Director September 30, 1980 Vanny ~ehlen Community Health Cente~. Yt has come to my attention that the above mentioned Center prooose to locate on the ~orth ~oad (County Moad ~2~, Suffolk County N.Y.,Town of Southold) west of Queen Street a short distance from the Entrmuce and Exit to M~pMrounds of America ~ac~lity ( a ~ob'ile trailer park) and has made a aoplication for a varience to the ~oard of Appeals of the Town of Southold. This road is a two la~e road already overburdened by traffic, in view of the fact that we not only have the T.O.A. located thereon ~t we also have within a short distance - 3 Motels, 2 Condomfniu~ Complexes, a ~estaurant with a large ~anquet hall for Dining an~ Dancing, a Murs!ng ~ome that has been granted permission by the Town to Build Condominiums. The Master Plan of the Town of Southold Zoned this area Residential - AMrtcultural and to locate a Wealth geuter here would not only violate the ZoninM b,~t will create a Hazardous and Dangerous road for the residents as well as others who use the center and the road. The Waster Plan of the Town of Southold provides designated areas where a Health Center may be located and should be located there and not iu a area where it is not permitted. The residents in the are, favor a Co~mvntty Health Center but Str~nously Oppose and Object to locating same on a two lane counsry road, Zoned ~esidential, ~nd miles away fro~ the uenter oI' Fresent ~'acilities fHo~pital, etc.,) and where ~aJorlty of uses may reside and may use smme wit~out the ne~d of transportation to anti from the healt~ 'center. Proper loc~tion of the center will avoid an unnecessaVy expense burden on the ta.rpayer in addition to the Safety Factor - Severe Traffic Congestion. I ,irma you to use ~ol~r ~OOd offices to have this matter =ollowed Up and Studied iu Depth before thousands of dollars of taxpayers mone~ is wssted on a Mealth Center Vnp6operl~ Kocated~.and by reason thereof cr~atin~ a dangerous ~ondttion. ~ thank you for your immediate attention to his ~atter as time is of the essence. °aspect fully y~u[s, /e.~son S. Telsey '.) 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 Fork Motel, Inc., Appeal No. 2684, be recessed until the October 16, 1980 regular meeting of this Board. Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Douglass, Goehringer and Sawicki. INFORMAL DISCUSSION: Appeal No. 2736. Application of Fanny Behlen Community 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 of 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. 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, thai the following matters will be held for public hearings by the Soathold Town Board el Appeals at the Town Hall, Main Road, Southold, NY on Thursday, December 4, 1980: 7:35 p.m. Applicalion of David and Carmen Olenick, 120 Park Avenue, Brooklyn, NY 11217 for a Variance lo the Zoning Ordinance, Art. III, Sec. 100-35A for permission to construct fence in the front yard area exceeding height limitations at 185 Private Road No. 10 (a/k/a 4255 Sot/th Harbor Lane). Southold, NY; bounded north by VanDer- heuvel; south by Private 'sUO!l!ppe 'suo!3e~,oua.~ Legal Notices Lane; south by Carr; west by Marratooka Road, east by Darsaklis; County Tax Map Item No. 1000-123-2-1. 7:55 p.m. Application of Harold and Hattie Stetler, 25 Mindrews Avenue, Brent- wood, NY 11717 for a Variance to the Flood Damage Preven- tion Law, Chapter 46, Sections 46-7, 46-15, 46-18 for permission to construct basement (lowest floor) below the restricted 8-foot base elevation in a special flood hazard zone at the south side of Wiggins Lane, Greenport, NY; bound- ed north by Wiggins Lane; south by Fordham Canal; west by Prate; east by Peconic Holding Co.; County Tax Map '~' SUFFOLK, , NEW YORK. ? ss: ........................... being duly Sworn, a9 .... is Frinter and Publisher o! the SUFFOLK ~MES, a newspaper published at Greenport. in said -that the notic'~, of which the annexed is ~ printed .~en published in the s~id Suffolk Weekly/ Times ~ we~k, for ..... .o~1~ .................. weeks £ 7th Road; west by South HarborI Item No. 10~-35-4-21. commencing on the .......................... Road, cast by Jacobs; Countyl . ~.m. RecessedHesring. Tax Map Item No. 10~0-87-1-1.! "~anny -~h~~ -~6~unii~ ~ve~abe~ 1980 7:45 p.m. Application of! C'Healih C:e~'[er anoli~tion ~6r_ ~-- ............ ;'] '.,' '[~' , Edna R. Tonnesen, by Sidney ' '~-~1 Exception to erect . *~- Beebe as agent, Main Road, ~ an ~inibulatbry 'e;ire i~lifii-c on , ' ....... . .......................... Box 979, Cutchogue, NY for a'~ r~-side~f ail~:z0ned pr0~rty .~fore me this . .~..]..~. .... Variance to the Zoning Ordi-~ at the south side of North nance, Art. III, Sec. 100-31 for' permission to construct' garage with an insufficient~ frontyard setback at 50 Bunga- low Lane (a/k/a 1945 Marra- tooka Road), Mattituck, NY; bounded north by Bungalow Road, Greenport, NY; County Tax Map Item No. 1000-40-3- ~:30 p.m. Recessed Hearing - Application of Fanny Behlen C~wnmunitv Health Center. 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 hearings by the Southold Town Board of Appeals at the Town Hall, Main Road, Southold, NY on Thursday, December 4, 1980: 7:35 p.m. Application of David and Carmen Olenick, 120 Park Avenue, Broaldyn, NY 11217 for a Variance to the Zoning Ordinance, Art. Ill, Sec. 100-35A for permission to construct fence in the front yard area exceeding height limitations at 185 Private Road No. 10 (a/k/a 4255 South Harbor Lane), Southold, NY; bounded north by VanDer- heuvel; south by Private Road; weSt by South Harbor Road; east by Jacobs; County Tax Map Item No. 1000-87-1-1. 7:45 p.m. Application of Edna R. Tonnesen, by Sidney Beebe as agent, Main Road, Box 979, Cutchogue, NY for a Variance to the Zoning Ordin- ance, Art. I11, Sec. 100-31 for permission to construct garage with an insufficient frontyard oy rrato; east by Peconic Holding Co.; County Tax Map Item No. 1000-35-4-21. 8:10 l~m. Recessed Hear- lng. Fan~y Behlen Commun ty Health/Center application for a Special Exception to erect an ambulatory care clinic on residentially.zoned property at the south side of North Road, Greenport, NY; County Tax Map Item No, 1000-40-3-3.1. ~,~8~30. p.m. Recessed Hear- Behlen Community Health '~Cd~er~ P~O. Box 659, Green- port, NY for a Variance to the Zo%16g ordinance, Art. III, '-Sec. 100-30 and 100-31 for -~Oe~miSgion t0 erect an ambul- '~ory Care clinic on property ~on~d A-ReSidential & Agri- -~u, tural and with insufficient ~istan~e from street line and ~.~Suffi~ient distance from the east side line. Location of property: South side of North ITo~d (C.R. 27), Greenport, '1'~; bounded north by North ~Rofidi west by Fenno; south by Frhnsigco; east by Nedoszy- ~fko; County Tax Map Item No. i000-40-3-3.1. --8i40 p.m. Recessing Hear- ing - Application of Roy C. Scboenhaar, by Gary Flanner Olsen, Esq., Main Road, Mat- tituck, NY for Variances to the Zoning Ordinance: (1) for approval of insufficient area "~nd width of parcels to be established in a proposed subdivision, Article III, Sec- tion 100-31, and (2) for per- mission to reinstate preexist- lng nonconforming sideyard setback, (3) for approval of access, New York Town Law Section 280-A. Location of property: South side of Route 25, Mattituck; bounded north by Route 25; west by Matt Agency, Jarzombeck, Roth; south by Mellender; east by Pumillo, Hallock, Steinhart, Jackson, Bilianos; County Tax Map Item No. 1000-143-2- 33.2. Dated: November 20, 1980 BY ORDER OF THE SOUTHOLD w~ COUNTY OF SUFFOLK ss: STATE OF NEVV YORK Patricia 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 ..... ,.:. ............................ .................. ................................. 19.., ..... c-.. Sworn to before me this ................................ day of ,....'~ , J~,.,/ · ...,¥...~.~./..¥~:?'.'; ~::.,.; .............. , 19..,~'.!. Notary~Public 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 hearings by the Southold Town Board of Appeals at the Town Hall, Main Road, Southold, NY on Thursday, December 4, 1980: 7:35 p.m. Application of David and Carmen Olenick, 120 Park Avenue, Brooklyn, NY 11217 for a Variance to the Zoning Ordi- nance, Art. III, Sec. 100-35A for permission to construct fence in the front yard area exceeding height limitations at 185 Private Road No. 10 (a/k/a 4255 South Harbor Lane), Southold, NY; bounded north by VanDerheuvel; south by. Private Road; west by South Harbor Road, east by Jacobs; County Tax Map Item No. 1000-87-1-1. 7:45 p.m. Application of Edna R. Tonnesen, by Sidney Beebe as agent, Main Road, Box 979, Cutchogue, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to construct garage with an insufficient frontyard setback at 50 Bungalow Lane (a/k/a 1945 Marratooka Road), Mattituck, NY; bounded north by Bungalow Lane; south by Carr; west by Marra- tooka Road, east by Darsaklis; County Tax Map Item No. 1000-123-2-1. 7:55 p.m. Application of Harold and Hattie Stetler, 25 Mindrews Avenue, Brentwood,.~Y 1].~17 for a Variance to the Flood Damage Prevention Law, Chapter 46, Sections 46-7, 46-15, 46-18 for permission to construct basement (lowest floor) below the restricted 8-foot base elevation in a special flood hazard zone a~ the south side of Wiggins Lane, Greenport, NY; bounded north by Wiggins Lane; south by Fordham Canal; west by Prato; east by Peconic Holding Co.; County Tax Map Item No. 1000-35-4-21. f8:lO p.m. Recessed Hearing. Fanny Behlen Community Health Page 2 Legal Notice of Hearings (Board of Appeals) Meeting to be Held December 4, 1980 Center application for a Special Exception to erect an ambulatory care clinic on residentially-zoned property at the south side of North Road, Greenport, NY; County Tax Map Item No. 1000-40-3-3.1. 8:30 p.m. Recessed Hearin9 - Application of Fanny Behlen Community Health Center, P.O. Box 659, Greenport, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-30 and 100-31 for permission to erect an ambulatory care clinic on property zoned A-Residential & Agricultural and with insufficient distance from street line and insufficient distance from the east side line. Location of property: South side of North Road (C.R. 27), Greenport, NY; bounded north by North Road; west by Fenno; south by Fransisco' east by Nedoszytko; County Tax Map Item No. 1000-40-3-3.1. Dated: November 20, 1980. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS CHARLES GRIGONIS, JR., CHAIRMAN November 24, 1980 and forward to: Mrs. Linda Kowalski, Main Road, Southold, NY 11971. Instructions to newspapers: Please publish during the week of !I four (4) affidavits of publication Secretary, Board of Appeals, LEGAL NOTICE OFHEARINGS Pursuant to Section 267 of the Town Law a-nd the Provi- sions of the Amended Cede of the Town of Southold, the following matters will be held for public hearings by the Board of Appeals, Town of Southold, at Town Hall, Main Road, Southold, New York on Thursday, October 16, 19~0: 7:35 p.m. Application of Leon and Pauline Krementz, Schoolhouse Creek, New Suf- folk, NY 11956 for a Variance to the Zoning Ordinance, Art. VIII, Sec. 100-80 for permis- sion to construct detached garage in the front and]or side yard area. Location of proper- ty: 1640 First Street, New Suffolk, NY; bounded north by Schoolhouse Creek; west by Tuthill; south by Tuthill; east by Uhl and Cutchogun Harbor; County Tax Map Item No. 10~)-117.646.3. 7:45 p.m. Application of Gus Dourmas, by William H. Price, Jr., Esq., 828 Front Street, Greenport, NY 11944 for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to construct dwelling withinsufficient fronl and rear yard setbacks. Loca- tion of property: Manhanset Ave. and Landing Lane, Greenport, NY; bounded north by Manhauset Ave.; west by Pittas and Grafas; south by Grafas and Mylonas; east by Landing Lane; County Tax Map Item No. 1000-43-4-6. 7:55 p.m. Application of Ec- cles Pridgen, by Hecton Con- struction Co., Kourus Road, Box 21, New Suffolk, NY 11956, for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for approval of insufficient width of a parcel to be estaly- lished in a subdivision. Loca- tion of prop~ South side of Great Peconl,. oay Boulevard, Laurel, NY; bounded north by Great Peeonic Bay Boule- vard; east by A. Cardinale Estate and Catalano; south by Peconic Bay; west by Kendel, Smith, Bayuk, Carey and Gan- non. County Tax Map Item No. 1000.128-6-14 and 15. 8:l0 p.m. Application of Ya- sar Gucer, by Charles S. De- Voe, 3630 Orchard Street, Orient, NY 11957, for a Var- iance to the Zoning Ordinance, Art. III, Sec. 100-31 for per- mission to construct dwelling with insufficient sideyards. Location of property: 45 Os- prey Nest Road, Greenport, NY; bounded north by Osprey Nest Road; west by Manners; south by Paulisen; east by Dawn Estates Shopping Cen- ter. County Tax Map Item No. 1060.35.6-38. 8:25 p.m. Application of John J. and Ethel Moon, 104 Lipton Lane, Williston Park, NY 11596, for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to construct dwelling with insuf- ficient frontyards. Location of property: 652O Skunk Lane and 80 Haywaters Drive, Cut- chogue, NY; bounded north by Skunk La. (Bay Ave.); west by Murchek; south by Smith; east by Haywaters Drive. County Tax Map Item No. 1000-104-5-4. 8:35 p.m. Application of Dwight A. Home, 750 Village Lane, Orient, NY for a Var- iance to the Zoning Ordinance, Art. III, Sec. 100-31 for ap- proval of insufficient area and width of two proposed parcels. Location of properties: 750 and 800 Village Lane, Orient, NY; bounded north by DeEas- tines; west and south by Nork- lun; east by Village Lane; County Tax Map Item No. 1000.25-1-14 and 15. 8:50 p.m. Application of Harry J. and Lillian A. B vi, Nassau Point Road, .- chogue, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for approval of insufficient area and width of three proposed parcels. Loca- tion of properties: Nassau Point Road and Wunneweta Road, Cutchogue; bounded north by Alexander and Gold- en; west by Wunneweta Road; south by Horowitz; east by Nassau Point Road; County Tax Map Item No. 1000-111-4- 32. 9:00 p.m. Application of Harry Baglivi, by Skinny Dip Pools, Inc., P.O. Box 108, Mattituck, NY 11952, for a Variance to the Zoning Ordi- nance, Art. III, Sec. 180.32.for permission to construct swim- ming pool in frontyard area. Location of property: 3440 Nassau Point Road, Cut- chogue; bounded north by Alexander and Golden; west by Wuuneweta Road; south by Horowitz; east by Nassau Point Road; County Tax Map Item No. 1000-111-4-32. 0:10 p.m. Application of Charles Sidorowicz, 125A Cox Neck Road, Mattituck, NY for a Variance to the Zoning Ordi- nance, Art. III, Sec. 100-32 for permission to construct gar- age in sideyard area. Location of property: 125A Cox Neck Road, Mattituek; bounded northeast by Mattituck Creek; northwest by Mrowicki; south- west by Cox Neck Road; southeast by Sievernich; County Tax Map Item No. 113-8-4. 9:20 p.m. Application of Thomas Yasso, 1055 Sound- view Avenue, Mattituck, NY for a Variance to the Zon- ing Ordinance, Art. III, Sec. 100-31 for permission to con- struct addition with an insuf- ficient sideyard setback. Lo- cation of property: 1055 Sound- view Avenue, Mattituck; bounded north by L.I. Sound; west by Stritzler; south by Soundview Avenue; east by Mattituck Shores Associates; County Tax Map Item No. 1000-94-1-9. 9:35 p.m. ApEli_c_ation of Fanny gb~i$fi C~munity ' Health Center, p,o. Greenport, NY for a Special -Ek~ption to the Zoning Ordi:- -'hance~ Art. iii, Sec. 100:30 f~'r. "~ermission to erect an ambu- fflatory care clinic on residen-- tially:zoned property located -' -~i{' the South Side of Nof~h- --Road (C.R~ 28; also C.R. 27)._' 'Greenport, NY; bounded north - by North Road; west by FeO- no; south by Fransisco; east by Nedeszytko; County Tax Map Item No. 1000-40-3-3.1. 10:00 p.m. Application of Fanny Behlen Community Health Center, P.O. Box 659, Greenport, NY for a Variance to the Zoning Ordinance, Art. I11, Section 100-30 for permis- sion to erect an abulatory care clinic on residentially-zoned property located at the south side of North Road (C.R. 28, also C.R. 2'/), Greenport, NY; bounded north by North Road; west by Fenno; south by Fran- sisoo; east by Nednszytko; County Tax Map Item No. 1000-40-3.3.1. Dated: September 25, 1~0. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 1TO9-3531 LEGAL NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law and the Pro- visions 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 Town Hall, Main Road, Southold, New York on Thursday, October 16, 1980: 7:35 p.m. Application of Leon and Pauline Krementz, Schoolhouse Creek, New Suf- folk, NY 11956 for a Variance to the Zoning Ordinance, Art. VIII, Sec. 100-80 for per- mission to construct detached garage in the front and/or side yard area. Location of prop- erty: 1640 First Street, New for a Variance to the Zoning Ordinance, Art~ III, Sec~ 100- 31 for p~rmlsslon to construct addirionjwith an insuf~cient sideyar~ setback. Locatlon of property: 1055 Soundview Avenue, Mattituck; bounded north by L.L Sound; west by Stritzler; south by Soundview Avenue; east by Mattituck Shores Associates; County Tax Map Item No. 1000-94-1-9. 9:35 ~..~m. Application_of__ Fanny Behlen Community _ _Health Center, P.O. Box 659~ _ Greenport, NY for a Special - Exception to the Zoning Ordin- .ance, Art. Ill, Sec. 100-30 for ~ permission to erect an ambula- tory care clinic on resident- ' ially-zoned property located at ~hb South side of North Road (C.R. 28; also C.R. 27), GreenpOrt. NY; bounded north by North Road; west by Fenno; south by Fransisco; east by Nedoszy~ko: County Tax Map Item No. 1000-40-3-3.1. 10:00 p.m. Application of Fanny Behlen Community Health Center. P.O. Box 059, Greenport, NY for a Variance to the Zoning Ordinance, Art. Ill, Section 100-30 for per- mission to erect an ambulatory care clinic on residentially- zoned property located at the south side of North Road 28, also C.R. 27L Greenport, NY; bounded north by North Road west by Fenno south by Fransiaco east by Nedoszvtko County Tax Map llcm No. 1000-40.3 3. I. Dated: September 25, 1980 BY ORDER OF THF SOUTHOLI)TOWN BOARD OF APPEALS IT. 10,9 80(10) COUNTY OF SUFFOLK ss: STATE OF NEVV YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, ~ public newspaper printed at $outhold, in Suffolk County; and that the notice of which the annexed is a printed copy, nos been published in said Long Island Traveler-Watch~ man once each week for ........... /. .......................... weeks successively, commencing on the ...~.' .................................. Sworn to before me this . ./.(') day o, Not aP3' Public LEGAL 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 Town Hall, Main Road, Southold, New York on Thursday, October 16, 1980: 7:35 p.m. Application of Leon and Pauline Krementz, Schoolhouse Creek, New Suffolk, NY 11956 for a Variance to the Zoning Ordinance, Art. VIII, Sec. 100-80 for permission to con- struct detached garage in the front and/or side yard area. Location of property: 1640 First Street, New Suffolk, NY; bounded north by School House Creek; west by Tuthill; south by Tuthill; east by Uhl and Cutchogue Harbor; County Tax Map Item No. 1000-117-5-46.3. 7:45 p.m. Application of Gus Dourmas, by William H. Price, Jr., Esq., 828 Front Street, Greenport, NY 11944 for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to construct dwelling with insufficient front and rear yard setbacks. Location of property: Manhanset Ave. and Landing Lane, Greenport, NY; bounded north by Manhanset Ave.; west by Pittas and Grafas; south by Grafas and Mylonas; east by Landing Lane; County Tax Map Item No. ~1000-43-4-6. 7:55 p.m. Application of Eccles Pridgen, by Horton Construction Co., Kouros Road, Box 21, New Suffolk, NY 11956, for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for approval of insufficient width of a parcel to be established in a subdivision. Location of property: South side of Great Peconic Bay Boulevard, Laurel, NY; bounded north by Great Peconic Bay Boulevard; east by A. Cardinale Estate and Catalano; south by Peconic Bay; west by Kendel, Smith, Bayuk, Carey and Gannon. County Tax Map Item No. 1000-'128-6-14 and 15. (- (- Page 2 Legal Notice of Hearings Board of Appeals 10/16/80 Meeting 8:10 p.m. Application of Yasar Gucer, by Charles S. DeVoe, 3630 Orchard Street, Orient, NY 11957, for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to construct dwelling with insufficient sideyards. Location of property: 45 Osprey Nesk Road, Greenport, NY; bounded north by Osprey Nest Road; west by Manners; south by Paulisen; east by Dawn Estates Shopping Center. County Tax Map Item No. 1000-35-6-38. 8:25 p.m. Application of John Lipton Lane, Williston Park, NY 11596, Zoning Ordinance, Art. III, Sec. 100-31 construct dwelling with insufficient of property: 6520 Skunk Lane and 80 J. and Ethel Moon, 104 for a Variance to the for permission to frontyards. Location Haywaters Drive, Cutchogue, NY; bounded north by south by Smith; east No. 1000-104-5-4. Skunk La. (Bay Ave.); west by Murchek; by Haywaters Drive. County Tax Map Item 8:35 p.m. Application of Dwight A. Horne, 750 Village Lane, Orient, NY for a Variance to the Zoning Ordinance, Art. III, Sec. lO0-31 for approval of insufficient area and width of two proposed parcels. Location of properties: 750 and 800 Vil- lage Lane, Orient, NY; bounded north by DeEastines; west and south by Norklun; east by Village Lane; County Tax Map Item No. 1000-25-1-14 and 15. 8:50 p.m. Application of Harry J. and Lillian A. Ba~livi, Nassau Point Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for approval of insufficient area and width of three proposed parcels. Location of properties: Nassau Point Road and Wmnneweta Road, Cutchogue; bounded north by Alexander and Go'iden; west by Winneweta Road; south by Horowitz; east by Nassau Point Road; County Tax Map Item No. 1000-111-4-32. Page 3 Legal Notice of Hearings Board of Appeals 10/16/80 Meeting 9:00 p.m. Application of Harry Baglivi, by Skinny Dip Pools, Inc., P.O. Box 108, Mattituck, NY 11952, for a Variance to the Zoning Ordinance, Art. iii, Sec. 100,32 for permission to construct swimmingpool in frontyard 3440 Nassau Point Road, Cutchogue; and Golden; west by Winneweta Road; Nassau Point Road; County Tax Map area. Location of property: bounded north by Alexander south by Horowitz; east by Item No. 1000-111-4-32. 9:10 Neck Road, Art. III, p.m. Application of Charles Sidorowicz, 125A Cox Mattituck, NY for a Variance to the Zoning Ordinance, Sec. 100-32 for permission to construct garage in sideyard area. Location of property: 125A Cox Neck Road, Mat- tituck; bounded northeast by Mattituck Creek; northwest by Mrowicki; southwest by Cox Neck Road; southeast by Sievernich; County Tax Map Item No. 113-8-4. 9:20 p.m. Application of Thomas Yasso, 1055 Soundview Avenue, Mattituck, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to construct addition with an insufficient sideyard setback. Location of property: 1055 Soundview Avenue, Mattituck; bounded north by L.I. Sound; west by Stritzler; south by Soundview Avenue; east by Mattituck Shores Associates; County Tax Map Item No. 1000-94-1-9. 9 35 Application of Fanny Behlen Community Health Center, P.O. Box 659, Greenport, NY for a Special Exception to the Zoning Ordinance, Art. III, Sec. 100-30 for permission to erect an ambulatory care clinic on residentially-zoned property located at the South side of North Road (C.R. 28; also C.R. 27), Greenport, NY; bounded north by North Road; west by Fenno; south by Fransisco; east by Nedoszytko; County Tax Map Item No. 1000-40-3-3.1 . Page 4 Legal Notice of Hearings Board of Appeals 10/16/80 lO:O0 p.m. Application of Fanny Behlen Community Health Center, P.O. Box 659, Greenport, NY for a Variance to the Zoning Ordinance, Art. III, Section 100-30 for permission to erect an ambulatory care clinic on residentially-zoned property located at the south side of North Road (C.R. 28, also C.R. 27), Green- port,NY; bounded north by North Road; west by Fenno; south by Fransisco; east by ~edoszytko; County Tax Map Item No. 1000-40-3-3.1. Dated: September 25, 1980. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS Instructions to newspapers: Please publish once, to wit, October 9, 1980 and forward twelve (12) affidavits of publica- tion to: Board of Appeals, Main Road, Southold, NY 11971, on or before October 13, 1980. Copies forwarded 10/3/80 to: Mr. and Mrs. Leon Krementz William H. Price, Jr., Esq. as attorney for Mr. Gus Dourmas Horton Construction Co., for Mr. Eccles Pridgen Mr. Charles S. DeVoe, for Mr. Yasar Gucer Mr. and Mrs. John J. Moon Mr. Dwight A. Horne Mr. and Mrs. Harry J. Baglivi Skinny Dip Pools, Inc. for Mr. Baglivi Mr. Charles Sidorowicz Mr. Thomas Yasso Fanny Behlen Community Health Center Abigail A. Wickham, Esq. as attorney for the Fanny Behlen Community Health Center Members of the Southold Town Board Southold Town Planning Board Town Clerk's Bulletin Board Southold Town Board of Appeals MAIN ROAD- STATE ROAD 2.5 BOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765 1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. TYPE II ACTION DESIGNATION T.- 7, ~, ',' TUT:::LL ROBERT J. DOUGLASS NEGATIVE DECLAP~TION GERARD P. GOEHRINGER ~ _Ld0sepn H. SawickiNOTTCE OF NO SIGNIFICANT EFFECT ON THE EST~TRONMENT Pursuant to Section 617.13 of the New York State Department of Environmental Conservation ~t, 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. 2736. Application of Fanny Behlen Community Health Center, Inc., P.O. B6-x 69, Greenp0rt, NY, by Abigail A. Wickham, Esq. as attorney. Location of Project: South side of North Road, Greenp0rt. Permission Requested: To erect ambulatory care clinic at residentia]ly-z6ned premises. Date of Public Hearinq: 0ct0ber ]6, ]980. 9:35 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, $outhold Town Hall, Main Road, Southold, New York 11971; tel. (516) 765-1809. Dated: October 3, 1980. Posted on Town Clerk Bulletin Board. Copy to attorney. JUDITH T. TERRY · TOWN CLERK REGISTRAR OF VITAL STATISTICS Southold, L. 1., N. Y. 11971 August 14, 1980 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No. 2736 application of Fanny Behlen Community Health Center for a special exception. Also included are notification to adjoining property owners as follows: Mr. & Mrs. William Nedoszytko, 719 First Street, Greenport, N.Y. 11944; Judith F. Fenno, 19 Radcliff Road, Wellesley, Ma; 02181; Arthur L.R. Francisco, Jr., Box 6, Silverton, Co. 81433. JTT/bn cc:file Judith T. Terry Town Clerk Eno./ FO~M NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL ........................... ~/,.!,,,,.,~z~.,.,..~r,. ~i~- ....................................... ,,hr-~,!~,~.~..,,~, i ............. for permit to construct ........................................ at the premises located at .................................... f__ag&9o , , ................................... ~ ........................... Street Map .................................... Black ............................................ Lot ................................................ is returned herewith and disapproved on the follow;ng grounds ...'.~..~~.~.~.....,~..~....~...-- ~. ................. ~...~..,. ~. ...... ~ ....................... ~.....~...,~..~...~....~./.....~ ..... ~ ............................... :. .......... .. ............................................ .n.,..:.t.~:: ........ : ........... ¥/. ............ ~.,...~.:~....~....~....~ ....... ~...~.~.~.,~....~..,~..~=.. ~d~ Building Inspector TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR TOWN HALL SOUTHOLD, N. Y. 11971 TEL. 765-1802 September 22, 1980 Mrs. Shirley Katz Main Street Greenport, N.Y. 11944 Re: Site Plan Fanny Behlan Community Health Center 69390 County Road 28 Greenport, N.Y. 11944 Lot 1 of Armaroy Acres Minor subdivision 98 Dear Mrs. Katz: The Site Plan submitted does not comply to zoning. The building and parking area is located t~ near the street and property line. The shown parking layout does not comply for 33 cars but for only 29 spaces plus 9 for the future. Five (5) spaces are required for each physcian-dentist office or a determination shall be made by the Planning Board. This is located in an A Residential and Agricultural zone district. The proposed use may be permitted by a Special Exception by the Board of Appeals under Article III, 100-30 B(4) subject to site plan approval by the Planning Board. Before a Building Permit can be issued, a Special Exception must be approved by the Zoning Board of Appeals, the site plan approved by the Planning Board, County Health Depart- ment approval of the proposed water and septic system and approval of access to County Road 28 by the County Depart- ment of Public Works. Do not hesitate to contact this office if you have any questions regarding this matter. Very truly yours, GEORGE H. FISHER Sr. Building Inspector APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. TERRY TUTHILL ROBERT J. DOUGLASS GERARD P. GOEHRINGER Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 August 15, 1980 Abigail A. Wickham, Esq. Wickham, Wickham & Bressler, Main Road, Box 1424 Mattituck, NY 11952 PoCo Re: Appeal No. 2736 - Application of Fanny Behlen Community Health Center for a Special Exception Dear Gail: Please be advised that the following action was taken at a regular meeting held August 14, 1980: RESOLVED, that this matter be referred to the Southold Town Planning Board for its review and determination regard- ing the Site Plan, before scheduling this matter for a public hearing. Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Tuthill, Douglass and Goehringer. Sincerely yours, CG:lk cc: CHARLES GRIGONIS, JR. ~w-~ CHAIRMAN Southold Town Planning Board WICKHAM, WICK, HAM & BRESSLER, m.c. August 14, 1980 Zoming Board of Appeals Town Hall Main Road Southold, New York 11971 Re: Fanny Behlen Corm~manity Health Center Gentlemen: Enclosed please find the following: 1) Application for Special Exception in triplicate 2) Notice to adjoining owners with Certified Receipts 3) Six (6) copies of site plan, survey and zoming m~p 4) Application fee payable to the Town Clerk in the sum of $15.00 I would appreciate it if you would schedule this for your meeting on August 28, 1980. Thamk you. Sincerely yours, AAW:ab Enclosures TOWN OF $OUTHOLD, NEW YORK APPLICATION FOR SPECIAL EXCEPTION APPLICATION NO. ~ TO TILE ZONING BOARD OF APPEALS, SOUTHOLD, N. Y. BEHI CEN2ER ~, ~W~)F~ ............. g..N._OQFEVg~T~f..I-~ALTH ............. ~ ....P.~...BoX,/~fi ................................................................ Nam~ Street and Number ..................... ~..T..e..e.D~,o..~ ................................................................................. ~.e..~...XgTk: .................................................... Municipality State hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with ZONING ORDINANCE ARTICLE III SECTION 100-30 SUBSECTION B (4) THE SPECIAL EXCEPTION IS REQUESTED BECAUSE applicant wishes to erect an ambulatory care clinic on property described as Lot 1 in Minor Subdivision of Armaroy Acres, located on the S/S of the North Road (Co. Rd. #27), Greenport, Town of Southold, Suffolk County, New York. The use of the facility will be limited to primary medical and dental care of ambulatory patients, including diagnosis, treatment and follow-up came; providing preventive, maternal, child heslth and family planning services; providing outpatient and outreach services; and to refer persons to hospitals when appropriate. The zoning of the property is "A" Residential and Agricultural. Copies of the zoning map showing the surrounding area are also submitted. Site plan maps and surveys of the property are submitted with this application. The building has been designed by an architect and will have an exterior appearance compatible with the surrounding neighborhood. FANNY BEHI,EN COY~4UNITY HEALTH CENTER ) ss .b.y..; ............... COUNTY OF SUF~0I~ ) / _' Signature Abigail/A. Wickham, Attorney Sworn to thi.~ .......~:~.,h.......,.~l./day o;f .....A~..t..? ........... 19..8.(~ ........... .................. ........... , ............ Notary Public FORM ZB2 TOWN OF $OUTHOLD, NEW YORK APPLICATION FOR SPECIAL EXCEPTION APPLICATION NO. ~ 7~-~' ~A~ ...?/Z~../~'.~.. TO THE ZONING BOARD OF APPEALS, SOUTHOLD, N. ¥. ][ (WeFA.NM~. BI~-TL~..C(I~IT~Z~-.~.- ~ .-P~O,....~-.6~9 ................................................................. Name Street and Number Municipality State hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE ARTICLE III SECTION ~00-30 SUSSECTION B (~) THE SPECIAL EXCEPTION IS REQUESTED BECAUSE 8tllp]z[~ant wl~hes ~o erect an .mhula~o~y care clinic on property descxibed as Lot 1 in Minor Subdivision of Armaroy Acres, located on the S/S of the North Road (Co. Rd. #27), Gree~, Town of Southold, Suffolk County, New York. ~he use of the facility will be lf~nited to primary medical ar~ dental care of ambulatory patients, including diagnosis, treatment and follow-up care; providing preventive, mterr~l~ child health and family planning services; providing outpatient and outreach services; an~ to re,er persorm to hospit-~, when appropriate. The zoning of the p~x~perty is "A" P~A~dential ar~ A~ricultural. Copies of the zoning ~ mhowing the su~-A~m~ding area are also submitted. Site plan maps and surveys of the prop~-~oy are submitted with this application. building has been designed by an arehitect ~?A will have an exterior appearance c~,mpatible with the surrounding neighborhood. STATE OF NEW YORK ) ) ~s b~.: ....... COUNTY OF S~JI~'..'JL~ ) / Sl~ature ~i~I A. Wi~, Atto~y s~. ~ t~ .....l~.f,.~....., d~ of ..A~.~ ........... ~O. ........... ff Notary ~blic FORM ZB2 t / //? / / ANKLIN OF GREENPOR' Planning Board -3- J~ la, 1980 Now, therefore, be it RESOLVED that the application of Robert W. and Anita M. Feagles for approval of said subdivision plat prepared by Chandler, Palmer & King dated June 12, 1980, be approved subject to the following conditions of the Suffolk County Planning Commission being placed on the map and that the Chairman of the Planning Board be authorized to endorse approval on said subdivision Plat upon compliance with same. This subdivision is in close proximity to Elizabeth Field and, therefore, may be subjected to noise emanating from the facility and from aircraft taking off and landing at the airport. Vote of the Board: Ayes: Raynor, Gordon, Wall, Orlowski It will be necessary to make a declaration on this matter in regard to the State Environmental Quality Review Act upon receipt of comments from the agencies involved. j The minor subdivisions referrMd from the Board o~/Appeals for Irene Cardinale., Adeline Cardinalgand Stanley Chase~were tabled for the proposed grandfathering of these actions. This is another matter that was discussed with Town Attorney Tasker at the above-mentioned meeting. It is proposed to include ~ in the subdivision regulations the 337 actions from 1971 to September of 1979 of the Zoning Board of Appeals dividing property with variances. The Town Attorney will make a draft of the proposal and submit same to the Planning Board. Mr. Raynor will discuss the matter with the Town Board upon receipt of the proposal. Fanny Behlen Community Health Center presubmission conference on site plan. Sherley Katz, Director, and Gordon Ahlers, Engineer, appeared before the board. This will be an ambulatory center for primary health / care licensed by the State of New York. It will have 100% Federal funding. This is not a poverty program. Health care will be available to everyone. There will be two doctors, one dentist~ and two nurses. There will be services from Greenport utilities for sewer and water. Ms. Katz will send a copy of the agreement with the Village of Greenport. It will be open five and a half days a week with staggered hours. There will be a mental health program and family planning. A lighting schedule will be necessary along with the landscaping schedule for screening the perimeter of the property. The zoning use is A Residential. In regard to future expansion it may be in the far future. Mr. Raynor mentioned that the Planning Board has always been favorable to colonial motif. Ms. Katz feels it is unnecessary for a medical facility and feels it should look like one. It would also be more expensive. This facility will serve Southold and Shelter Island towns. HENRY E. RAYNOR, Jr..Chairman FREDERICK E. GORDON JAMES WALL BENNETT ORLOWSKI. ~. GEORGE ~TG~E LATHAM. Jr. SLaY Southold, N.Y. 11971 July 11, 1980 TELEPHONE 765-1938 Ms. Abigail Wickham, Attorney Main Road Mattituck, New York 11952 Dear Ms. Wickham: The Planning Board is in agreement with the change in covenants for the subdivision Armaroy Acres #98 with regard to Lot #1 which is to be purchased by the Southold Town Community Health Council, Inc. This matter will be held over until the m'eeting of July 14 at which time representatives of the health council have an appointment with the board. Yours truly, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Muriel Tolman, Secretary HENRY E. RAYNOR. ,Ir.. Chairman FREDERICK E. GORDON .lAMES WALL BENNETT ORLOWSKI..Ir. GEORGE RITCHIE LATHAM. Jr. Southold. N.Y. 11971 June 17, 1980 TELEPHONE 765- 1938 Abigail Wickham, Attorney Main Road Mattituck, New York i1952 Dear Ms. Wickham: The Planning Board reviewed your letter of May 30, 1980 in regard to the minor subdivision of Armaroy Acres at a regular meeting held June 16. The following is from the minutes of the meeting. "Covenants and restrictions were filed in the Suffolk County Clerk's Office stating amongst other things that (2) That only one private dwelling shal~ be constructed on each lot and (3) that the minimum size oz the living area on the ground floor of said private dwelling shall be 1200 square feet. The applicant's attorney, Abigail Wickham, has requested a letter from the Planning Board indicating that the two above statements were not required by the Planning Board as a condition to their approval o£ the subdivision and that the Plarkning Board has no interest in enforcement of those state- ments, provided that any.use of the property does not violate the zoning ordinance of the Town of Southold. The Planning Board sees no objection to the intent of the change and would like a revised list of the covenants ~nd restrictions to fit the needs of the particular lot intended to be purchased by the Farmy Behlen Community Health Center.." Yours truly, HENRY E. RAYNOR, JR., ffHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Muriel Tolman, Secretary WICKHAM, WICKHAM ~ BRESSLER, P.c. MAIN ROAD~ P.O. BOX 1424 May 30, 1980 Planning Board Town of Southold Town Hall Southold, N.Y. 11971 Attention: Mr. Henry Raynor, Chairman Re: Minor Subdivision of Armaroy Acres Approved October 7, 1974 Dear Mr. Raynor: I represent the Fanny Behlen Community Health Center, which is under contract to purchase Lot #1 in Armaroy Acres from Mr. Francisco. At the time the property was divided, Mr. Francisco presented to the Board and had recorded a declaration in which he made five statements regarding the use of the lot, and then imposed a covenant that no lot would be further subdivided or rented to boarders or transients. Since my client contemplates the erection of a health facility, statements 2 and 3 present a problem. I believe that they were gratuitous statements made by Mr. Francisco which were not required by the Planning Board. We realize that any construction would, of course, be proceeded by site plan approval of the Planning Board, and special exception, pursuant to the zoning ordinance. I would appreciate it if you could furnish me with a letter that statements 2 and 3 were not required by the Planning Board as a con- dition to their approval of the subdivision, and that the Planning Board has no interest in enforcement of those statements, provided that any use of the property does not violate the zoning ordinance of the Town of Southold. I would be glad to set up a meeting to discuss the matter further and answer any questions you may have. Thank you very much for your attention to this matter. WlCKHAM, WlCKHAM & BRESSLER, MAIN ROAD, P,O. BOX 1424 MAttlTUCK LONG ISLAND NEW YORK II95~ June 20, 1980 Planming Board Town of Southold Town ~L~ll ' Southold, N.Y. 11971 Re: Minor Subdivision of Anmaroy Acres Gentlemen: Thank you very much for your letter of June 17. I enclose a revlsed list of the covenants and restrictions applicable to the lot to be purchased by the Health Center. Thank you very much for your help in this matter. Si~71y yours. /~ -- ,~ Abiga~/l A. Wickham .... v~ AAW: ab Enclosure DECLARATION OF COVENANTS & RESTRICTIONS THIS DECIJYRATION made this day of · 1980 by the S0uthold rown Community Health Council, Inc., a domestic not-for-profit corporation with principal offices Et Main Street, Greenport, New York, hereinafter the HEALTH COUNCIL. WHEREAS, the said HEALTH COUNCIL is the owner in fee sin~ple of certain premises at North Road, Southold, New York, known and designated at Lot No. 1 of Minor Subdivision of Armaroy Acres, which premises are described as follows: ~'ALL that certain plot, piece or parcel of land, situate, lying and being at Greenport, To~n of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the southerly side of North Road distant 622.73 feet westerly, as measured along the ssme, from the corner formed by the intersection of the westerly side of Queen Street with the southerly side of North Road; runr_ingthence along the center line of a 30 foot Right of Way, South 17° 49' 50" East 300 feet; thence South 61° 31' 10" West 197.57 feet to the easterly side of land now or formerly of Fenno; thence along said land, North 28° 28' 50" West 257.07 feet to the southerly side of North Road; thence along the southerly side of North Road the following 2 co~r ses and distances: 1) North 53° 24' 30" East 134.90 feet; and 2) North 52° 37' 20" East 120.92 feet. to the point or place ~ of BEGINNING. TOGETHERwith the right to the use of aright-of-way 15 feet · in width, the westerly line of which is the easterly Iine of the premises above described and said right-of-way shall extend southerly from North Road approximately 300 feet. and WHEREAS, the HEALTH COUNCIL, acting on behalf of the FANNY BEHLF~ ~O?~JNITY HEALTH CEN'±ER, and organization about to be incorporated under the Not-For-Profit Corporation Law of the State of New York, intends to construct a health center for ambulatory primary patient c~re, and WHEREAS, the HEALTH COUNCIL desires to place certain covenants and restrictions on said property to be binding upon them, their successors, assigns and mortgagees ~ NOW, THEF~SFORE, the Health Center, for the benefit of themselves, their successors and assigns, in consideration of the premises and for the purpose of carrying out the above intentions, does hereby covenant and agile that the premises above described shall hereafter be subject to the following covenants running with the land, and binding upon all purchasers, mortgagees ~.~nd holders of the said premises, their h$irs, successors and assigns, up to and including the 1st day of January, 1995, when they shall cease and terminate: 1. The premises shall not be further subdivided nor shall the premises be sold except as a single unit or parcel, nor shall the premises or g portion thereof be rented to boarders or transients. 2. No stables or outside toilers shall be erected on said )remises and no nuisance shall be created or allowed on said premises and %o use shall be made thereof that shall be dangerous to the health of, or offensive to the senses of sight or smell of the ~a/~ties of the first part, their heirs and assigns, ss owners of the premises adjoining the premises thereof. 3. No part of any dwelling, building or garage s.hal~ be constructed ~ithin 50 feet of the street line or within 10 feet of othe~ boundaries of s'aid lot and no part of any cesspool shall be within 5 feet of any boundary of said premises. IN WITNESS ~REOF, the foregoing declaration has been executed by the SOU~OLD TOWN COMMUNITY H~ALTH COUNCIL, INC., the day and yea~ first above written. SOUTHOID TOWN C0~TY HEALTH COUNCIL, by STATE OF NEW YORK : ss COUNTY OF SUFFOLK : On this day of , 1980, before me personally came ~ to me k~own, who, being by me d~y sworn, did depose and say that he resides at , that he is the of SOUTHOLD TOWN COMMUNITY H~TH COUNCIL, INC., the corporation described in and which executed the foregoing instrument; that he knows the seal of said cqrporation; that the seal affixed to said instrument is such co~porate seal; that it was so affixed by or~er of the Bos~rd of Directors of said co~poration; and that he signed his name thereto by like order. Notary Public TO TIiE ZONING BOARD OF APPEALS, SOUTHOLD, N. ¥. Street and Humber ........... hereby apply to THE ZONING BOARD OF APPEAI.~ for a SPECIAl, EXCEPTION in accordance with the ZONING O~DmArrc~ A~TICL~ III S~.CT~ON 100-30 SUBsECtION ~ (~) '"~-~T4~E, SPECIAL EXCEPTION IS REQUESTED BECAUSE applicant wishes to erect an ambulatory care clinic on property described as Lot 1 in Minor ~Subdivision of Armaroy Acres, '~e~ted on the S/S of the North Road (Co. Rd. #27), ~reenport, Town of Southold, Suffolk County, New York. The Use of the facility will be limited to primary medical and dental care of ambulatory patients, including diagnosis, treatment and follow-up care; providing Preventive, maternal, child health and family planning services; providing outpatient and outreach services; and to refer per~ons to hospitals when appropriate. The zoning of the preperty is "A" Residential and Agricultural. Copies of the zoning map showing the surrounding_ a~ea are also submitted. Site plan maps and sLWveys of the property are submitted with this application. The building has been designed by an architect and will have an exterior appearance compatible with the surrounding neighborhood. FANNY BEHIEN CO~f0NITY HEALTH CENTER COUNTy OF SUFFOLK)) ss . . 'tmature ....... Abigail/A. Wic~am, Attorney Sworn to th'~ l~th ~[ ...................... ,,;./d~ o~ ....~.~, ......... ~s.~ .......... ................. ·  Hotarx ~blie .......................... FORM ZB2 15 ( ,/ VILLAGE OF GREENPOR¥ 15.:~A(c) SUFFOLK COUNTY 4 2 6J A(.c ) 21,7A(c) (INLET POINT PARK} N E 2,446,546.00 '3 I 10AA(c) N 325,405.~ 20 5.2A(c) 24 }.9N¢) (INLET POINT PARK} SUFFOLK COUNTY I.TA(c) 9.2 ,~,.',',~.~o~ o~ VILLAGE OF ARE WIT.I. THE FOLLOWING DISTRICTS: SCNOOL ,__~o SEW~N _ t % % % NOTICE MAINTENANCE i ALTERATION, SALE OR DISTRIBUTION OF ANY ~ORTiON OF THE Revisio~ / 'KEY ~AP ~ ~, -':_.~::_~ ~ ~ BOARD OF APPEALS, T~WN OF SOUTHOLD '.In the Matter of the Petition of the FANN~ ~TFN COMITY HEALTH CENTER to the Board of Appeals of the. Town of Southo]~ ' TO: Mr. & M~s. William Nedoszytko 719 First Street Greenport, N.Y. 11944 YOU ARE HEREBY GIVEN NOTICE: NOTICE Judith ~. Fenno 19 Radcliff Rd. Wellesley, Ma. 02181 Arthur L.R. Francisco, Jr. Box 6 Silverton, Co. 81433 i. Th'at it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (Special Exception)~~) '2. Th'at the property which is the subject of the Petition is located adjacent to .your Property and is described as follows:No~thbyNorth Rd. (Co. Rd. 27); East by Nedo~'zytko; South, by .Pranci~co; West by Judith F. Fenno 3. That the property which is the subject of such Petition is located in th~ following zoning district: A-Residential and Agriculttu~l . .4J. That by-Such Petition,. [he Undersigned will request the following relief: Spe¢ia~ exception for ereoti°n and operation of primary care health facility for amUu~atbry outpatient ~. .5.- That the pro'is'ions of the Southo~d Town Zoning Code applicable to the relief, sought'by the undersigned are: Article III .100-30 (B) (4) 6. - That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Toxm Clerk's Office at Main Road, Southold, New.York and you may then and there examine the same during regular office hours. ' ?. That before the relief sought may be granted, a public hearing must be held on the matter by the .I~oard o£ Appeals; that a notice'of such hearing must be published at least five- days prior to the ~late of such hea~ing in.the Suffolk Times and in th~ Long islanc[ Traveler-Mattituck Watchman,. newspapers published in the Town of. Southold - and designated for the publication of suck notices; that you or your representative have:the right to appear and be heard at such hearing. Dated: 8/lq/80 FANNY BE~m~N C0~UN~ HEALTH CENTER Post Office Addre.~s: ,areer~oo~t';' New York 119l~h NAME P19 4809702 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIOED-- NOT FOR INTERNATIONAL MAIL (See Reverse) CERTiFiED FEE / OG ~.) ¢ PROOF OF MAILING OF NO_ CE ADDRESS RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PN0VlOED-- NOT FOR INTERNATIONAL MAIL (See Reverse) P19 4809700 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIOED-- NOT FOR INTERNATIONAL MAIL (See Reverse) SENTTO TOTAL POSTAGE AND FEES STATE OF NE~r YORK) COUNTY OF SUFFOLK) '' Alice Burgon Aqueb6gUe, ~w York 14th day of August SS.: · residing at Fleeting House Creek 'Rd,, .. · being duly sworn, deposes and says that on the ' ', 19 80 · deponent' mailed a true copy of the Notice set forth on the reverse side hereof, directed to each of the above-named persons at the addresses set opposite thei~ respective names; that the addresses set opposite the names of said persons are the addresses of smd persons as shown on the current assessment roll of the Town of Southold; that said Notices w'ere mailed at the United States Post Office at Mattituck, New York ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn io before me this 14th day of August,. · 19~ Notary Public Alice Burgon ~OI~OTHY H'EN DERSON ~AJI. y PUB%lC, State of New York ~No. 30-6848100 Ouafified in Nassau Coun~ ~ ~mmlssion Expires March ]0, I~.~ ,>