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HomeMy WebLinkAbout27525/~North I0/I6 & I2/4/80 Rd.. Greenport Dismissed-erec% an ambulatory care clinic on property-zoned~A-Residential and Agricultural and w/insuff, distances- from stree~ line and from easterly side line. TOW~ OF SO~THOLD, N~W YORK ACTION OF THE ZONING BOARD OF APPEALS AppealNo. 2752. Application Dated September 29, ACTION OF THE ZONING BOARD OF APPEALS Ol~ THE TOWN OF SOUTHOLD To Abigail A. Wickham, Esq. Mrs. Shirley Katz for the Fanny Behlen Community Health Center DAT~ 1/17/81 198O Appellant at a meeting of the Zoning Board of Appeals on J a n u a ry was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance Art. I I I, ( ) 17, 1981 , the appeal Sec. lO0-30B(4)(a), lO0-31 1. s1~iI~/i~/~y~/u)/i~/a~~/nvi~i~r~~k~i~xY`~i~n ( ) be ~a~ ( ) be de.ed pursuant to Art~le .................... Section .................... Subsection .................... para.apb .................... of the Zoning Ordinance and the dec~n ~ the Building I~pecinr ( ) be revers~ ( ) be co~irmed b~a~e Public Hearings 10/16 and 12/4/80Application of Fanny Behlen Community Health Center, P.O. Box 659, Greenport, New York for a Variance to the Zoning Ordinance, Art. III, Sec. 100-30 and Sec. 100-31 for permission to erect an ambulatory care clinic on property zoned A-Residential and Agricultural and with insufficient distances from street line and from the easterly side line. Loca- tion 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. (SEE REVERSE SIDE) 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties hardship because (SEE REVERSE SIDE) (b) alike in the immediate vicinity of this property and in the same use district because (SEE REVERSE SIDE) (c) The variance (does) change the character of the district because (SEE REVERSE SIDE) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties (does not) observe the spirit of the Ordinance hnd (would) (would not) 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 APPEAL~ FORM ZB4 This is an Appeal of the Fanny Behlen Community Health Center for an Area Variance to reduce the setback requirements of Section lO0-30B(4)(a) of the Zoning Code to permit the construction and operation of a facility characterized by the Appellant as an Ambulatory Health Care Clinic. The instant appeal is made in con- junction with Appellant's application to this Board for a Special Exception approval for 'such facility [see Appeal No. 2736], which is subsequent to the decision herein being made. Section lO0-30B(4)(a) of the Zoning Code provides that "...no building or part thereof or any parking or loading area shall be located within one hundred [100] feet of any street line or within fifty [50] feet of any lot line .... " Appellant proposes to locate the building 60 feet approximately from the street line and 29 feet from the east lot line, and to locate the parking area 50 feet from the street line and 20 feet from the west lot line. The town attorney has directed the Board's attention to several decisions of the Courts of this State which hold that when a Board of Appeals considers an application for a Special Exception use and the Zoning Code mandates that specific setback requirements must be met for such uses, that the Board of Appeals is without authority to waive, modify or alter any of the requirements specified in the Zoning Code [Section lO0-30B(4)(z)], in the guise of an area variance. (Matter of Jewish Reconstructionish Synagogue of the North Shore, Inc. v. Board of Appeals of the Village of Roslyn Harbor, 34 NY2d 827; Matter of Cappadoro Land Development Corp. v. Board of Appeals of the Town of Huntington 78 AD2d 696; Matter of Nassau Children's House, Inc. v. Board of Appeals of the Village of Mineola, 77 AD2d 898). Since the Board has no power the setback requirements specified Appeal must be dismissed. or authority to waive or modify in Section lO0-30B(4)(a), this NOW, THEREFORE, BE IT RESOLVED, that the application of the Fanny Behlen Community Health Center for a Variance, Appeal No. 2752, be dismissed. Location of property: South side of North Road (C.R. 27), 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: Ayes: Messrs. Grigonis,~Douglass, Goehrin- ger and Sawicki. Absent was: Mr. Doyen. APPROVED Southold 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 ~ 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 SUFFOLK DEPARTMENT OF LAW Cecen%er 9, i9~C .~ .:,:-';f' ';~:Hon,. Greqorv'J. Blass :~.":.,: 'C Legislator, Firs,_ District .~,;'~'- ~.:-:.i :'P.O. Box 91 '~ "~.;'?/-:J~ 11 West Second Street ~.-:-/~'....~. Rlverhead, New York 11901 re: Fanny Behlen Health Center (516) 360-4034 , ,~'Dear Mr. Blass: The altered z6ning problem cited in your letter of:October 17, ~1980 to Dr. Harris has been referred to this office for in- ~.,vest/gatlon. - - ~ -:' :~Uffo~k county is nor involved in any zoning or planning ~hic~'involves the location and constructiou of the proposed ':~ th Center. Apparently, attorney Telsey raised objections the Health Center, 'and is op-_- in this program only to ~he .'" in the funding portion of the ~ith respect to the location of 'posing its construction. ~.~,.,,,;~'! . Suffolk'County is participating :~xten~ that it is participating ect. %tract of' sale and closing insuruments hold Suffolk;'C harmless ~rom:anything involving zoning and planninq'. Suffoll · County takes no pos~ion w~th respect ~o any objections concern- : },'lng the location of the Ilealth Cenl:er. Thc. location of the Health Center is purely a private matter which involves the and operators of the Health Center, and the local citizenry. The County is obligated pursuant to resolution, '~!i..contract, and deed to fund the project for a stated period o'f '~i;t'im~, ~:pending completion of the Federal funding phase.' We ha~e ~:concluded that the proposed use is compatible with the zoning ~.: ~lassification. , ' ~ :. '-:i!'";~'~iAt present, title to the l~nd xs ~n Suffolk County." The land .:.is to be conveyed to tile Itca].th C(.nter when its Federal funding - -.' 1980 Ion.· Gregory J. Blass ~ome~'~ugh.'!· If title does not close as between the Health ~ .~enter and the County by July 30, 1981, then by the terms of an .,agreEment the land will be declared surplus, and sold at public auction. The County Attorney's file is available examination at any time. Yery truly your , .?/ ,.: ; . ROY S. ,DRAGOTTA -~"r~ssistant County Attorney }Dr. David ·Harris, Commisszoner ~.:~!'.'n '~.-Dept. !of Health Services : Davl~d J. G~lmart~n, County Attorney Sidney L."M~tchell, Co~*ss~oner Dect. ~of Real Estate · AI'fred. Jackson, Jr-, Deputy Coanty Attorney Paul D. O~Brien, Deputy Comissioner ~'..'~:-~: ~-. Dept. of Health Services for your review ahd Board of Appeals Town Q£ Southold COUNTY OF SUFFOLK DEPARTMENT OF PLANNING (516) 360~ 5513 LrE: E. KOPPELMAN 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 plan; (2) b~ildin~ inspector's report indieating setback variances being sought relative to Section 100-30B(4); and (3) determination of the Town Planning Board regarding the site plan. Thank you. Very truly yours, Lee E. Koppelman Director of Planning Gerald G. Newman Chief Planner 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 South01d the ..................................... of the town of ...................... i ....... (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 ...IX ........ Variances Art. III, Sec. 100-30 Appeal No. 2752 (Variance) Fanny Behlen Community Health Center P.O. Box 659 Greenport, NY 11944 Locetionofaffectedland:...S(~.kti~h. Sid~ ~f. ~O..)?th .R..q~.d,....G..r..e..e...n.p...o. rt 1000-.4.0..~..3..-...3.:1 within 500 feet of: (check one or more) ................ Town or village boundary line, or shore line XX C'.R. 27 ................ State or county road, parkway or expressway ................ 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 Commen~: Public Hearings were held and closed on'12/4/80 pending review by you and receipt of correspondence from other agencies. Copies of minutes and file enclosed. Date: ......1..,2./,. ] .0..C .8..0. ........................ {signed} Linda F. Kowalski, Secretary ~t/e Date received by Suffolk County Planning Commission .................................................................................... File No ................................. Southold Town Board~f Appeals -14- )cember 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 call . [ ~ US a 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, in the matter No. 2736. that the hearing be closed and decision reserved of the Fanny Behlen Community Health Center, Appeal 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. ' Southold Town Board~ Appeals -15- !cember 4, 1980 MR. CHAIRMAN: This matter was also recessed, and is on the variance portion of the Fanny Behlen Community Health Center. That's what we're calling it for the time being~anyway, but what it will actually wind up, we don't know. Gail, you have something you want to be said on this matter? ABIGAL WICKHAM, ESQ.: Yeah, basically I think I would like to elaborate on things that were said last week, and what I've done I think that the diagram that was presented to you was a little unclear in terms of lot lines. So I've indicated them as clearly as I could on these maps and would like to submit them. It's the same map. MR. CHAIRMAN: Somebody put them in already (setback distances). MRS. WICKHAM: Then I don't know that you'll need these. They're all the same thing. SECRETARY: We may need them to send them to the County Planning. MRS. WICKHAM: How many do you need? SECRETARY: Probably three if you have three. Thank you. (Mrs. Wickham gave the Chairman three additional copies for referral to other agencies if needed.) MRS. WICKHAM: There are a couple of things I want to go over in terms of the layout of this building, and parking on the property. First of all, you notice there is a diagonal orientation and I want to make sure the Board understands why the architect laid out the building in that manner. The primary reason was one of energy ef- ficiency. The layout maximizes your southerly exposure, and minimizes your northerly exposure. Also it takes advantage of the natural contour of the property, which is a little bit higher towards the northeast portion of the property and therefore would shield the building somewhat from the north winds. And one of the primary goals in the construction is to make it--construct an efficient building. Also, the diagonal Orientation makes the visual impact from the road considerably less since you would be looking at it on an angle rather than straight on. And I think this also effects the issue of the setback. As far as the parking it's concentrated mainly on the west and to some extent in the rear of this would keep it away from the other residential property on the east, Mr. Nedoszytko's property. The size of the building is approximately 5,100 square feet. It's a one-story building with a low profile. The architect did show a line, or an outline of possible future expansion, although the center advises me that they don't contem- plate that right now or at any time in the immediate future. I think the architect just put that in there, and in any event the layout of the interior of the building has allowed plenty of excess space in which to expand. It probably wouldn't be pushing out the wall in that area. So that's superfluous I think. As far as the setback goes, the front is about 68 feet at the nearest, 60 feet at the nearest point to the road and the building angles So'uthold Town Boa Appeals -16- )mber 4, 1980 (Abigail Wickham, Esq. continued): back to 100 feet or so from the Main Road--from the North Road. The location at that distance from the road was necessary due to the contour of the land. In order to put the-- if the center were lo- cated further back from the road, it would have been necessary to have pumps in order to pump the sewage up to the pipes. And so it was located at this distance for that reason, this location would eliminate the necessity for a pumping of sewage. The building is about 104 feet from the rear property line, which is adequate insulation if you will from the property to the rear as far as the building is concerned. The sideyards on the east, again because of the angling of the building, range from about 29 feet up to 70 feet from the property line. The midpoint is--it's an average of about 50 feet from the property line. But the clo point I believe is 29 feet. Now that shadowy area there is not any indication of the property line. The architect drew that on for a visual effect. I think it's supposed to be a shadow in illustrating the solar aspect of this sun. Now on the east you also, although the 29-foot, the smallest distance of the property line to the building is under the 50-foot required, as I say it does angle back, therefore .diminishing the impact of that undersized'setback, andfalso ther~ is another_15 feet which is designated on Mr. Nedoszytko's property for the building of a road so while you can't include that in your tech- nical setback it will act as a buffer and minimize the impact of the undersized setback. The setback of the building from the westerly property line is 90 feet, so we don't have any problem there. As far as the parking area goes, the nearest space to the North Road is 50 feet from the front, 20 feet from the west line and 55 feet from the rear line. So the rear does not present a problem, except that the turnaround areas, which is just one small area in the back, is about 25 feet away. But that was necessary in order to provide a turnaround. It is not going to be a park- ing area or will there be vehicles stationed. On the east side the parking is some distance from the line except again on the turnarounds where there are about 33, 34 feet from the property line. Now as far as the parking goes, it is closer to the line than the center requires, but the -- it's a practical difficulty here in that you have 50 feet, you have a huge buffer, and we think that by adequate planting and screening you can accomplish the same effect, and thereby not create any problem for your neighbors in terms of visual impact. You can compensate in that way for the reduced setback. Now if the Board has any other questions, I'd be glad to answer them. MEMBER GOEHRINGER: Can I ask a question. On that 29-foot setback on the east side, that's to the overhang of the building, is that correct? '~SQuthold Town Boaro~f Appeals -17- !cember 4, 1980 MRS. WICKHAM: That's to the overhang. There's another, I think, to the building itself, I used the overhang because that's what the Code provides, there's another, it's about at that diagonal a lO-foot overhang, diagonally or straight across six feet according to my scale. MEMBER GOEHRINGER: Right. Is there any reason why the building couldn't be pushed back any farther? MRS. WICKHAM: Back which way? MEMBER GOEHRINGER: Back to the rear of the property so a frontyard variance wasn't required? MRS. WICKHAM: Well that's what I mentioned earlier. MEMBER GOEHRINGER: I know you did, but I was just wondering from the point of view of the sewerage, I know that that's a prob- lem. MRS. WICKHAM: It's MEMBER GOEHRINGER: cesspools in lieu of the a big problem -- a tremendous expense. Does the County have anything to say about Town sewer? MRS. KATZ: Excuse me, we have to follow Federal guidelines. And if there are sewers available, we have to make use of them. MRS. WICKHAM: I think we would want to do that anyway. I think it would be more important to have it a few feet closer to the road than to have cesspools instead of sewers. MEMBER GOEHR1NGER: Well I was only talking about the future expansion point of view, because then that limits it back down another 10 feet. MRS. WICKHAM: As I indicated, the architect put that future expansion on there, but that's not contemplated. It really should if you want to cross it out, it should be disregarded. It's not part of this application. There seems to be enough room inside of the building to have the present program, and if it had to get bigger it could, but future expansion would not go that way, and it should be taken off the map, really. MEMBER GOEHRINGER: Is the building going to be built with the idea that it could be capped? A two-story, another section be placed on top of it? MRS. KATZ: No. MEMBER GOEHRINGER: building? It will strictly be built as a one-story MRS. KATZ: Definitely. 'Southold Town Boar Appeals -18- :ember 4, 1980 MEMBER GOEHRINGER: Thank you. MRS. WICKHAM: And I think with a contour and the one-story aspect of it, it's not going to loam up from the road. MEMBER GOEHRINGER: Thank you. MRS. WICKHAM: No other questions? MR. CHAIRMAN: Anyone else to speak for it before Mr. Telsey speaks? FREDERICK S. LIGHTFOOT: Building Chairman. When you build something like this from Federal funds, you have to comply with the Federal regulations, which don't always tally exactly with local zoning, as was mentioned, a one-story building for the handicapped and you have to allow for energy; and so forth and so on. So there is a ping on the local requirements. MRS. WICKHAM: A little more stringent- MR. LIGHTFOOT: There has to be s~me sort of compromise, MR. CHAIRMAN: They're pushing solar heat and that sort of stuff quite a bit. MRS. WICKHAM: Or at least structural and orientation type designs that will --if not solar heat at least some light--insulation and so on. The other thing I didn't mention which is in the Code is the 20% building density requirement. We're well under that. MR. CHAIRMAN: Mr. Telsey? BENSON S. TELSEY: This application is a variance for street and lot lines under a Special Exception for use. There is no pro- vision in the Code for this type of application. The Code specifi- cally provides that if, if, an applicant came under the Special Exception uses they are subject to the following requirements among others: no building or part thereof or any parking or loading area shall be located within 100 feet of any street line or within 50 feet of any lot line. I say again, the Board has no legislative powers. They must follow the letter of the law, and have no power to grant the variance in Special Exception use cases. This appli- cation must also be denied. MR. CHAIRMAN: Anyone else that would like to speak? WILLIAM NEDOSZYTKO: Yes. I have a few questions like to get clarified first. Is that 29 feet from the boundary line, or from the right-of-way of the 15 foot of property? that I would actual of that piece MRS. WICKHAM: The boundary line. '.Sauthold Town Board Appeals -19- ~cember 4, 1980 MR. NEDOSYTKO: From the actual boundary line. MR. CHAIRMAN: The sketch shows two 15-foot strips. MR. NEDOSYTKO: Fifteen foot, right. And the second thing, would the clinic, would the center honor the 15-foot right-of-way for access to the back lots, the other two lots in the back, because there's also there's another covenant on that property at any time more than one lot was build that a road was supposed to be placed through that and it was supposed to be shared, the maintenance and up-keep was supposed to be shared equally between all four lots, not to exceed $50.00. And I just want to know if they would honor that 15-foot right-of-way on their side? MRS. WICKHAM: Our-- may I answer that? MR. CHAIRMAN: Yes. MRS. WICKHAM: Our deed was obtained subject to and together with the right-of-way, so legally we are subject to the right-of-way. Of course we wouldn't have to install the road, but would have to let it stay there. ~ ~ .! ~ MR. CHAIRMAN: I would think if it were granted, one of the requirements would be that it would be kept as a right-of-way. Anyone else that has anything to say on this? (Negative) If not, we're getting just a little bit late, I'll offer another resolution to close the hearing and reserve decision. Because they are more or less tied together. MEMBER SAWICKI: Seconded. On motion by'Mr. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, that the hearing be closed and decision reserved in the matter of the Fanny Behlen Community Health Center, Appeal No. 2752. Vote of the Board: Ayes: Grigonis, Doyen, Goehringer and Sawicki. Absent was: Member Douglass. RECESSED HEARING: Appeal No. 2674. Application of Roy C. Schoenhaar, by Gary Flanner Olsen, Esq., Main Road, Mattituck, NY for Variances to the Zoning Ordinance: (1) for approval of insuf- ficient area and width of parcels to be established in a proposed subdivision, Art. III, Sec. 100-31, and (2) for permission to reinstate preexisting nonconforming sideyard setback, (3) for approval of access, New York Town Law Section 280-A. Location of property: South side of Route 25, Mattituck, NY; bounded north by Route 25; west by Matt Agency, Jarzombeck, Roth; south by Mel- lender; east by Pumillo, Hallock, Steinhart, Jackson, Bilianos. County Tax Map Item No. 1000-143-2-33.2. Southold Town Board of Appeals MAIN ROAD-STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11g71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, ,.JR. TE;':,':'; TNT: :;LL ROBERT J. DOUGLASS GERARD P. GOEHRINGER doseph H. Saw~ck~ December 10, 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 & 2752 Proposed Site: South Side of North Road, Greenport 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 Enclosures By: Linda Kowalski Secretary APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. T~Y T~u-TfftLd- ROBERT J. DOUGLASS GERARD P. GOEHRINGER doseph H. 5a~ick~ Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. ]197] 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 2752 ~ Fanny Behlen Community Health Center, Inc. Proposed Site: South Side of North Road, Greenport Dear Mr. Monsell: pondence, The Please find attached a copy of our October 14, 1980 corres- to which we have not yet received a reply. appreciate a response as soon as possible. Sincerely yours, CHARLES GRIGONIS, JR. CHAIRMAN Board would Enclosure By: Linda Secretary Kowalski HENRY E. RAYNOR. 3r.. Chairman FREDERICK E. GORDON JAMES WALL BENNETT ORLOWSKI. Jr. GEORGE RITCh'IE LATHAM. Jr. Southold, N.Y. 11971 July 11, 1980 TELEPHONE 765- 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., CHAIi~AN SOUTHOLD TOWN PLANNING BOARD By Muriel Tolman, Secretary HENRY E. RAYNOR. ,~r.. Chairman FREDERICK E. GORDON JAMES WALL BENNETT ORLOWSKI. Jr. GEORGE RITGHIE LATHAM. Jr, Southold, N.Y. 11971 June 1'7, 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 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 of,~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 Plarn~ing Board sees no objection to the intent of the change and would like a revised list ofthe 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 Muriel Tolman, Secretary ~WILLI~_M H LIEBLEIN ROBERT T. WEBB a y e olr e e n/o o 236 THIRD STREET GREENPORT. SUFFOLK COUNTY NEW YORK 11944 Hrs. Sherley Ballen Katz =~Z. ~iProJect Director Fanny Behien Center P. O. Box 659 Oreenport, New York 11944 UTILITY OFFICE TEL. (516) 477-1748 POWER PLANT TEL. (516) 477-0172 November 16( 1~979J Dear Mrs. Katz: Re: Water & SeWer Service Lines · -:, · -z install curb stop, install water meter pit near ................ , ,? ...... .. p perry line. Listed below is information on water and sewer service line connections and rates which are on file at the Village Office. 1o) Water service line - should be 1" to service your fadility. The 12" water main is on the north side of the highway. This work is usually contracted with the Water Department. 'Cost of Installation of water service line~ A.) ~50.00 paid to the Village, ~hich viii include the tap on main~ service line under the County Roed~ -,.: B.) $3.40 per foot from water meter to building. C.) Rates - ~19o00 per quarter - minimum charge. Se~er Service line - should be 5" to service your . ... / The 8" gravity se~r is on the south side of the high~ay, This york is usually done by private contractor and inspected by the Sewer Depar~ent. Mrs. Sherley Katz -2- November 16, 197q Cost of Installation of sewer service line: A.'"~]~$300.OO 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 vith the Village. D.) Rates - $162.00 per year for 100,000 gals., billed on s quarterly basis. All over 1.00,000 gals. viii be ~1.62/H. When your plans are finialized, please forward a plot plan so we may plan location of the lines. We wish every success in your endeavor. James I. Monsel! Superintendent of PubLic Utilities JIM:hr Eric, cc: George Hubbard, Mayor Fanny BehLen Center North Road ~ Greeuport Scal~ l~ - 60" Job ~1979- Vlllase of Creeuport Department of Public Utilities Proposed Nater & Sewer Service Lines Art. 28 HOSPITALS § 2801 The state hm~ reserved to itself the regulation of the practice of nwdi- eine in general and of the perform- ance of abortions in particular, and has preempted the subject of abor- tion legislation and oce~lpied the en- tire field so as to prohibit additional regulation by local authorities of the same area. 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 facility or institution engaged princi- pally in providing services 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- tion 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- riding 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 ohysician for the purpose of prevention, diagnosis or treatment of haman disease, pain, injury, disability, deformity or physical :ondition, including, but not limited to, nursing service, home- :are nursing and other paramedical service, ambulance service, ]33 § 2800 PUBLIC HEALTH LAW to provide a mechanism to protect fa~lities. 'Phc tights and property healtiL care while taking due consid- subject to the rights of patients to United States Code Annotated Construction and modernization of hospitals and other medical facilities, see section 291 et seq. of Title 42. The Public Health and Welfare. ' · Health re~ourees development, see section 300o et seq. of ~tle 42. · ' Notes of Dsslslons · 2. Generally half of its subscribers ~aa to eontr~l · '. Legislative puep~se m enacting this costs, people by %Vhalen v. Woman's article limiting the amounts which Christian Ass'n of ~lamestown, Inc., · · hospital service corporation such as 1978.. 44 N:Y.2d 466, 406 N.¥.S.2d Blue Cross may pa'/ hospitals on b~- 272. 377 H.E.2d 725. ; The £ollowin~ words or phrases, aa ~sed in this article,.shall have the. -~oilowing mganing~, unless the context otherwis6 requires: · . q. "Hosnital" means a facility or institution engage.' .principally in' · providing s'erviees by or under the supervision et a~ physmmn or, m the ·. 'case of u:dental clinic or dental dispensary, of a d~ntist, for the preven- tlon, diagnoais~or treatment of human disease, pain, injttry, de£ormit~ or . physical condition, including, .but no~ limited to, a general hospital, · ,,,,a~i, h~alth center, diazn0stic center trestme~Lgillt!ro dental clinic dental' dtsponsary, rehabihtabon center other than a factlxty use.d selel ' for vocational rehabilitation, nursing home, tuberculosis hospttai, Y 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 hns- pital shall not include an institution, sanitarium or other facility- engaged principally in providing services for the prevention, diagoosis or treat- ' ment of mental disability and which is subject to the powers of visitation, examination, inspection and investigation o£ the department o£ mental hygiene except for those distinct parts of ~uch a faoility which pro- vide hospital service. [See main volume for text of 2 to 7] 8. ,Caretaker, means a person appointed pursuant to the p.r. ovis.iona of section twenty-eight hundred slx-b oi this article, t.o, act a~ a £~duemry responsible to the court which appoints him for the conserving and pre- serving of the rights and property of the operator of a residential health: ears facility, while also preserving and providing for the rights of the patients in suoh facility to care ippropriate to their needs in a clean an& wholesome environment in accordance With applicable fo_doral and state laws and regulations. [See main volume for text of 9]" ~ . 1~. ,'Hospis~'~means a coordinated program-of home and in-patient care which treats the ternfinal!y ~ll patient and fa.mdy~aa aumt, em- ploying an interdisciplinary team acting under the d~rsctmn of an auto- heinous hosPice administration. The program provides palliative' and supportive ears t° meet the special needs arising out o£ physical, PsYcho- logical, spixitual, social and economic stresses which are experienced during.the final stages of.illness, and during dying and bereavement. AZ amended L.1977 e. 895, § 2; L.1978, c. 713, § 2; L.1978~ c. 718, §§ 1, 2.. 1978 .Araendmsnis. Subd. 1. L. Subd. 8; L~1978. c. 713. § 2, 1978. c. 718, § 1, elf. Aug. 7, 1978; 'Aug. 7. 1978, added subd. 8. inserted "hospice,"; 16 1~e oooose the application of the Behlen Health ~ente¥, an AMBULATORY CA~E CLINIC, for a Special Use Exception, on the the following grounds: An Ambulatory ~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 ~ote "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 encompases primarily in-patient-care, together with related medical services of various kinds. No where in the Record has the applicant even submitted to the 2card its authority to establish and operate a Health Facility of any kind. For the record ! submit to you a letter dated 10/2~/80 advising that the ~ehlen Health Center was, on 6/14/69, approved to establish and operate an Independent, 0ut-or-,Hospital diagnostic and treatment center. They are at orese=~ nre-ooerational and not providin~ any services. The Behlen Health Center, is merely a super-market type of operation dispensing medical aha dental services - nothinm more than Sponsors convening toMether a ~roup of Doctors, DSntists and Staff to disoense such services, which I do not disparage especially if there is a need in the com~unfty, and this has become questionable. (Submit Letter) There are many facilities o~ this ~ind scattered around the country, where there is a concentration of patients in need of af%~dable medical and dental services. ~{owever, they are not a Hospitals but Independent 0Derations - ~ommonlv known as ~linics. Many peoole think a Clinic is a ",ommunity type of Operation- But such is not the case - The D'~rector, Doctors, Dentists and Staff are well paid from the income r~ceived from ~edicaid, ~edicare, Blue- Cross - ~lue Shield, many other Health Ins~]rance Type ~,ontracts and Sliding Scale fees, in adlition to securing grants, because of determined need in the community, to sweeten up the Ooeratton. The hoard has no legislative nowers. There is no provistoD in the Code under Special Exception eot an A~bulatory Care Clinic anq to be more specific an Independent - Out-of-Hospital - diagnostic and treatment Center. The Ooard has no other alternative than to deny this application. E~VI ~ONME~TAL ASSESSN~5%~T: 1) Traffic Con~estion Overburden road that is already overburd*ned and being only %wp lanes leaves no,'opm for error. Town is located on a'Peni~ztawith only one E-i! ~oad to the Ferry at Orient Point. We must ~ard a~ainst iuterferinT~ with the steady flow of traffic on this road, especially in the surq~er time during tourist season. For our own safety an~ the safety of the Travelling Public. Facilities of this type ¢Clinics, etc.,) that enEender excessive traffic to and fro should not be permitted. Tn addition the '~oad is more likely to be obstn~cted by Labor Disutes Picketin~ of Strikers in front of the ~acility. We recently ha~J a taste of it when the ~,~ursing Home Wor~ers were picketing and required the constant surveillance by the Police to keep the ~oad 0Den and unobstructed. These types of facilities should be kept off the the Main Woad and in convenient assessable places for the safety of the Patients and Trsvellin~ Public. Locating a ~aaillty of this kind Area will have a major effect on Community. in a A Zone Residential the character of the Public Contraversy - The adJolnin~ owrers, the neighbors and oth~ residence in the co~Eunity streneously object to the proposed location the the Clinic. Submit Petitions. In fact the adJoinin~ lot owner in the sub-division where the C~inic proposes to locate has brought to *he °o~rds attention that same is covered by Protective Recorded Covenants restricting the erection of anythin~ other than a private dwelling. He has a Veste~l property right and tends to enforce the same. The Proposed locatio~ of the Clinic is across the road and within 5D0' of County Park Property and will have a Major efeect on existin~ and future recreatiooal opportunities. VA]~TA%?CE for Street and Lot lines under 5pectal E×ceptlon ~- F'6R B'SE. * * * * * * .-- ~ere is no nrovisioo tn the Oode for this type of Aoollcation. The Code gpecifica]ly provides that i~ an ~oolfcant c~me under the Special Ewception uses, They Are ~CT to the following ~EQUTP~TE - amona others · a) No ~uildln~ or Dart thereof or any Parking or Loadtn~ area shall be located within !00' of ~y Street Line nor within ~0~ of any lot line. I say again the ~o8rd has no Legislative powers. They ~st follow the letter of the Law ~d have no power to grant a Variance in Special Exceptfon ~se ~sses. This aoplicatlou must also bo denied. WILLIAM CARNEY ~ou~e ~ ~tpre~entatibt~ ~inS~n, ~.C. 20515 Novembe~ 21, 1980 Mr. Charles Grigonis Zoning Board of Appeals Main Road Southold, NY 11971 Dear Mr. Grigonis: I am forwardi.ng to you the enclosed correspondence as a courtesy to my constituent, Mr. Benson S. Telsey, I believe you will find it self-explanatory. I would appreciate your review of this matter, as well as your sub- sequent report directly to Mr. Telsey as to the action you are able to take. Thank you very much for your assistance in this matter. WC:mm enc. WILLIAM N,S o N S. TELS North Road, ll~ re p rt~ ~.¥. Congressman William Carney, 2400 N. Ocean Avenue, Farmingville, N.Y. 11738 lO/2/8o LAW OFFICES Dear Congressman: Enclosed find latter relative to locating of the Fanny $ehlen Co,unity Health Center which speaks for itself. This clinic is ~unded by Federal, State and County and evidently there was no Mister Planning/ Site Study as they are seeking at a Public Hearmng to be held on October 16th., not only for a Special Exception for laud use but also varience for side lot lines and front road distance lines. It is therefore urgent that you give this matter your attention. Sincerely ~?¢~¢~ This is an example where money {s t~rown~ for a. good cause and not followed:up. The S.B.A d~es~th~ same th~ng and that's why theyv have so many small busf~s bankruptcies. A matter of this kind shoold have broad public participation° September~ 30, 1980 l~e: Fanny Beb/en Co~__~3anity Health Center (.%~bulator~. Care Clinic) It has come to ny attention that the above mentioned ~enter propose to locate on the North Road (County Road ~28, Suffolk County N.Y.,Town of Southold) wea~ of'Queen Street a short distance from the ~ntr~nce and Exit to Kampgrounds of America ~ac~lity ( a mobile-trailer pa~k) and has made a application 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 K.O.A. located thereon but we also have within a short distance - 3 Motels, 2 ~ondominium Complexes, a Mestaurant 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 Southold Zoned this area Residential Agricultural and to locate a Health ~enter here would not only violate the Zoning but will create a Hazardous and Dangerous road for the restdent~ as well 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 %ocated there ~nd not in a area where it is not permitted. The residents in the area favor a Community Health Center but Strenously Oppose and Object to locatiug same on a two lane country road, Zoned ~esidential, mhd'miles away from the Uenter or Fresent ~'acilities (Hospital, etc.,) and where the majority or uses may reside and may use smme without the need oI' transportation to and from the health center. Proper location of the centem will avoid an unnecessary expense burden on the taxpayer in addition to the Safety Factor - Severe Traffic Congestion. I nrge you to use your good offices to have this matter =ollowed Up and Studied in Depth before thousands of dollars of taxpayers money is wasted on a Health Center Inproperly Located~and by reason thereof creating a dangerous condition. I thank you as time is of the essence. To: Congressman Willimm Carney 2400 ~. Ocean Avenue, Farm. in~ville, ¥.Y. 11738 for your immediate attention to his matter' Oespectfull% y~urs, / ~,ens,on S. Telsey (I ~ ~ortn Road, Greenport~N.¥. 11944 STATE OF NEW YORK DEPARTMENT OF HEALTH OFFICE OF HEALTH SYSTEMS MANAGEMENT TOWER BUILDING · THE GOVERNOR NELSON A. ROCKEFELLER EMPIRE STATE PLAZA · ALBANY, N.Y. IZ23'/ DAVID AXELROO, M.D. RICHARD A. BERMAN Commla aion er Dire etor October 24, 1980 / Mr. Benson S. Telsey North Road Greenport, New 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 res:pons~. On June 14, 1979, the Fanny Behlen Health Center received approval from the Director of the Office of Health Systems Management Ito establish and operate a__n. independen~ out-of-hospital diagnose_lc and treatment center. The~~~c~-~ p'r~posai ~-as re~i~e~-by't~--]~'~i Health Systems Agency, the State Hospital Review and Planning Council, and 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 archi tectural plans, f.j_~al.. ~p~o__~@l~._.t~__~egi~n .co~n_s~t.~uc~J_~n ~n__~.~n until the facili'[¥ ~ponsors have submitted evidence which resolves these issues to the satisfaction of this agency. With reqar~ to site se]~tion for the facility, it is the responsibility of local_ i .......................... ' a t o ~es n Suffolk Count~ to determine an~enforce zoning taws. ~t~--~l'~T'~C~'o~res 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. Sincerely~ Wm. J. Williams III Director Bureau of Ambulatory Care Services DEPARTMENT OF HEALTH AND HUMAN SERVICES PUBLIC HEALTH SERVICE HEALTH SERVICES ADMINISTRATION Mr. Benson S. Tetsey North Road Greenport, New York 11944 Dear Mr. Telsey: BUREAU OF COMMUNITY HEALTH SERVICES OCT Z 8 1,980 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 ex~sti~b~c and p mv.~ate he,.a_alth services fznancing arrangements or delivery systems are inadequate to assure,~_A~s to quality health care. Pro'ect rants ar ~n establishin~ or continuing the operation of a CHC. Currently, the Fanny Behlem Health Center is' ~ ' -~ ' pre-operational and is not providing any 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 _~.reement between HHS and the United States Department of Agriculture. ~Th_e Regional Office reviewed the application and forwarded their recommenda~'f~-n-'~or----~~u~e~u o~ Communl-ty 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 GRIGONIS, JR.,CHAIRMAN SERGE DOYEN, JR. .......... · LL ROBERT J. DOUGLASS GERARD P. GOENRINGER Joseph H. Sawicki Southold Town Board of Appeals MAIN ROAD- STATE ROAD 2S SOUTHOLD. L.I., N.Y. llCJ?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 ~ p~]rchased 12t ~P in Amora7 Ac~= ~ ~ + 4 the ~orth ~oa~ west of ~ueens ~ _ ~_~, for the ourpose of ~"~- home for my i!y Amorav Asres is a four lot subiivis!on which was restri~'tsd to the constr~ction of only one private dwelling on =ach lot by Oecorded Covenants to that of=eot before it was ao~.rove~ by the P!a~rin~ ~oard. soot/al e~¢ceotiou to buil~ an .~abulatory ~ on ~ot ~1 :~h =~.,0 ..... _ ~ Or. .......... ~- ~, ~.:~F VOiced my oo.:=ction ~ ~ave them = copy of the =ecordeff ,o~,~nan~s. The ~'T atto-~nev advised me that iniall probab~'~!it2' the av~!!~avion wi~! be denied, but in the event that it is not, Would hsv~ no other alternative than to r*taLn him to qo into the 3,.loro~ ~o'~rt to sec,:re a restra~'n!ny 0tier to orotact r.y v~sted prcoertv interest, which ~ de.~lnite!y intend to dc. no,rd does not honor restrictive cogenants recorded before they anp~ovefi the subdivision, so as to vrev~nt situations of this kind. It seems to me t.~. .....~0 ..... ~'~t=4~.,,='tr='~', _ _ ~ p~,,~se~ of a ~o~+ j~osar:]v of hav~= somethin~ other t~ -:~ ' ~ - --~ ..... ~ ....... ~ built n~xt to his home, ,~!ess o~e ~o~s t3 the trouble a~d e~pense of Will tr.e ~cwn ~o=~,o~ its atzorr_e?, olease a/vise v ith this ki~d of situation. thank you for a orompt reply. To: Southold Town ?oard, ~o,:tho!! Zonin~ =oard a~d 2owtho!d ?!arnir~ hoard, 'o'~tho!d, ~.?, R. M. KAMMERER. P.E.. LS. COMMISSION ER COUNTY OF SUFFOLK DEPARTMENT OF' PUBLIC WORKS BARNEY A, EVANS. P.E., October 16, 1980 Mr. Charles Grigonis, 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 Southold Appeals -31- October 16, 1980 MR. CHAIRMAN: We have a copy of the County Tax Map and survey showing the proposal of the house. Is there anyone here to speak for this application? Against? Discussion? (Negative) After investigation and personal inspection, the Board finds as follows: Appellant has appealed to this Board seeking a variance to construct a deck addition at 1055 Soundview Avenue, Mattituck, with an insufficient sideyard setback at the east side. The premises in question contains an area of approximately 35,000 square feet and existing on same is a one-family dwelling with deck at the rear of the dwelling, and approximately 261.2' deep into the lot is a bluff. The Board finds and determines that the relief requested in relation to the Code requirements is not substantial; that if the variance is granted no detriment to adjoining proper- ties will be created; that no adverse effect or change will be produced in the character of the neighborhood; that the circumstances herein are unique; and that the spirit of the zoning ordinance will be observed. On motion by Mr. Grigonis, seconded by Mr. Douglass, it was RESOLVED, that Thomas Yasso, 1055 Soundview Avenue, Mat- tituck, New York be granted a variance to the zoning ordinance, Article III, Section lO0-31 permitting the construction of the deck addition at the northeaSt side of existing dwelling, SUBJECT TO THE FOLLOWING CONDITIONS: {1) That the deck be constructed not closer than nine feet to the easterly sideyard line rather than as applied for; (2) That this matter be referred to the Suffolk County Planning Commission for their review. Location of property: 1055 Soundview Avenue, Mattituck, NY; 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. Vote of the Board: Ayes: Goehringer and Sawicki. Messrs. Grigonis, Doyen, Douglass, PUBLIC HEARING: Appeal No. 2736. Application of Fanny Behlen Community Health Center, P.O. Box 659, Greenport, NY 11944 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 Southold Town Bo~ App~eals -32- 16, 1980 by Fenno; south by Fransisco; east by Nedoszytko; County Tax Map Item No. 1000-40-3-3.1. The Chairman opened the hearing at 10:05 p.m. by reading the appeal application, showing notice of hearing and affi- davits attesting to its publication in the local and official newspapers, Notice of Disapproval from the Building Inspector, and letter from the Town Clerk that notification to adjoining property owners was made; fee paid $15.00. MR. CHAIRMAN: We have a section of the County Tax Map show- ing this parcel and the adjoining properties. We have maps here, surveys rather. Does someone wish to speak for it? ABIGAIL A. WICKHAM, ESQ.: Yes, I would like to address the Board to say that we support the application for reasons stated in it. We think that it's a reasonable use of the property and t.he location being on one of the two east-west roads, near the Village of Greenport in that area of Town where you have quite a bit of activity already in terms '6f not only residential but multiple-residential and business. It is a good location for the center. The design of the building as you can see from the site plan has been developed with every effort to make it com- patible with the surrounding properties. We believe that the parking is going to be adequate and screening of adjoining prop- erties will be adequate, and that it will not create any sort of either nuisance or excessive traffic problem for the area. The operation of the clinic will be on an out-patient basis, of course there will be no people staying there, other than just in and out during the day. And we will be servicing patients mainly by appointment and therefore staggering the flow of traffic in and out of the site. I really think that's all I have to say right now, but I will be glad to answer any ques- tions. MR. CHAIRMAN: Thank you, Mrs. Wickham. Is there anyone else who would like to speak in behalf of this? SHERLEY KATZ: I would like to reserve the right to speak later, I think you have two applications before you. One is for a variance on the boundary, and the other is for the use of the land. One is on the setback, and the other one is on the use of the land itself. MR. CHAIRMAN: This one is for the Special Exception, for the use of the land. MRS. KATZ: No, I filed one with you myself, if you will recall. The one I filed was on the boundaries. Miss Wickham filed this one on the Special Exception. The one for the boundaries I filed myself in September. Southold Tow~m~oar~mm~of Appeals -33- October 16, 1980 SECRETARY: Mr. Fisher (Building Inspector) only turned it down for the use of the land, not for the setbacks. That's all that is on his disapproval. MRS. WICKHAM: Ok. I think that perhaps the problem is that the line of future expansion is shown 50 feet from the road, and that the line of the building is within lO0 feet of the street line. Is that the problem? I think that what we should do is to give you maps which show the line of the building. Oh, you have them here. Well then what we're really asking for is a reduction in the required setback, and a reduction in the side- yard setback. Mrs. Katz came up to the dais to review the applications. The disapproval of the building inspector was pointed out show- ing that nothing was mentioned as to a reduction in setbacks. MRS. KATZ: What is the second (application) for? SECRETARY: For the use if the Special Exception does not cover it. MR. CHAIRMAN: This one is the Special Exception for the use. MRS. WICKHAM: Excuse me, I didn't know that until this afternoon. I thought the reduction in the setback was going to be covered under one. MRS. KATZ: So then all you would be considering tonight is the use of the land? SECRETARY: The Building. Inspector didn't give a disapproval concerning the insufficient setbacks, and a variance isn't filed until a disapproval is made on that basis. MRS. WICKHAM: I thought you were going to consider it in connection with the Special Exception, the setbacks. SECRETARY: It should be a separate application. MRS. WICKHAM: tion. It's part of our request for a Special Excep- MRS. KATZ: Well this was filed; and we weren't notified that it wasn't going to be included. MRS. WICKHAM: I know, that's on the use. Yeah. But MRS. KATZ: This is on the boundaries. · .... . MRS. WICKHAM: For a different-- Not for a Special Exception. I don't understand how we can ask for a variance and a Southold Town Board~f Ap~als -34- OOcto~er 16, 1980 Special Exception at the same time. Is that what we're doing? SECRETARY: In here (Code) it says that it's permitted under a Special Exception, if-- MRS. WICKHAM: Provided it's a 100 feet. SECRETARY: If the Special Exception were approved, it would probably be subject to your returning for a setbacks variance. MRS. WICKHAM: Oh, ok. I see. I thought that was all going to be under the Special Exception. MEMBER DOUGLASS: You have to determine what they are first. They have not determined what they are yet. SECRETARY: Yes, that's correct. MEMBER DOUGLASS: You have got to tell us which one of these you come under. You're not classifying yourself, you're just saying a clinic. MRS. WICKHAM: Right. For ambulatory care. MEMBER DOUGLASS: allowed. It has to be one of these things to be MRS. WICKHAM: Yes, I understand that. But this is one of those. MEMBER DOUGLASS: Which one is it? That's what we want to know. It doesn't tell us. MR. CHAIRMAN: Hospital, nursing, rest home, sanitaria for general medical care2 MRS. WICKHAM: It's not a full hospital, but it's an ambulatory hospital, as a clinic, which is-- MEMBER DOUGLASS: Sanitaria for general medicare care? MRS. WICKHAM: No. That's, what we're asking for is some- thing less than a full hospital, but a clinic which is a hospital type facility, but not, we're certainly not asking for the full scope of hospital services. So I think it would be within. MEMBERGOEHRINGER: Would you then say it's a transient hospital? MRS. WICKHAM: It's an ambulatory clinic, which is a subsec- tion of what you could consider a hospital, but it's not a Southold Tow oar f Appeals -35- October 16, 1980 hospital in t~he full sense of the term. But I think it falls within that category. MEMBER DOUGLASS: That's what we needed. Because if it doesn't fall in any of these categories, it doesn't come in to-- MRS. WICKHAM: Right, but it does fall within that type of use as a hospital, but certainly not for the full range of services because there isn't going to be any in-patient care. MR. CHAIRMAN: Just ambulatory, and that's all. MRS. WICKHAM: Ambulatory, strictly. MEMBER GOEHRINGER: I just wanted to ask Gail, you know, Mrs. Katz or anybody else. Were there any specific reasonsfor this particular site as opposed to any other site? Did you suggest this site because it was close to Greenport, and is there any reason why you wouldn't select a site that was more equally dis- tant between the two hospitals -- between Riverhead and, you know, still in Southold Town? MRS. KATZ: I'd like to address myself to that. Greenport some time ago was judged a pocket of poverty by the Federal Government, and that's why they have cast the economic Oppor- tunity Council Program there. We had originally selected a site in Greenport, but it was not for sale. Now, under the Greenport Zoning we would have to have at least an acre because you have to have off-street parking. The property was not for sale, and there was no other parcel within the Village that could be used. Our thought in placing it where we did was for two reasons. Number one, it did go closer to the area of growth in the township. It was still accessible from Greenport. It is close to KOA, it is also close to the Nursing Home, and it is also close to a migrant camp, all of whom would obviously need services of some time or another, particularly the migrant camp, which is something the Federal Government looks on with favor. We are not suggesting that there's going to be a great deal of traffic because we are using an adult bus, and as has .~been mentioned, the appointments will be scheduled and if you figure roughly 6,000 patients and 40 hours a week, you can pretty well tell it might be a patient every 20 minutes. It certainly is not going to include any tremendous amount of traffic. We also have asked the County to research and make a recommendation to us in the event they think that the kind of traffic generated will be some kind of a light, sign or something of the sort. The property selected was done partially because the Federal Government demands we own the property that this particular building is going to be placed on. The kind of mortgaging that we will be getting demands that the property be owned by the facility. Buying commercially zoned property is so absorbent that we couldn't touch. Now, that the area has been declared medically undeserved, and the fact has been -36- 16, 1980 (Mrs. Katz continued:) brought out by a survey which shows we are 3.9 primary-care physicians short. It seemed a good site. It did not seem as though it would be compatible with the area. I know there are businesses in the area. I know Mr. Telsey, who wrote a letter stating he would prefer not to have it there, I believe conducts a real estate-- MR. TELSEY: We live there. MRS. KATZ: The fact still remains it's a business. MR. TELSEY: It's not a business. MRS. KATZ: But I don't think it will be a burden of any kind on the area. The building will be compatible. It will be screened adequately from the road. There is a right-of-way of 15 feet on one side between this property and Mr. Nedoszytko's property. And there's a 15 foot right-of-way that he will have to put in, too, because the road has to go to the back of the property for whenever it is developed, whatever, and this is one of the covenants of the deed. The County bought the land; they did this, this agreement came about last December. It was finalized this summer. And the understanding is it will be deeded back to us upon completion of our facility, at which time the purchase price will be picked up in the F.H.A. mortgage. MR. TELSEY: Mrs. Katz, may I ask you a question? MRS. KATZ: I would rather you direct it to him, and then him direct it to me. MR. CHAIRMAN: No, it has to go this way (through the chair) because we'll all get confused. MR. TELSEY: Ok. Did you ask for opposition? MR. CHAIRMAN: Not yet. MR. TELSEY: I wanted to ask her, who sold them the land, that's the question. In a residential area? MR. CHAIRMAN: Who sold whom the land to-- MR. TELSEY: To, to Mrs. Katz or the purchaser for Mrs. Katz. MR. CHAIRMAN: Well who owned the land previously? Who sold it? MRS. WICKHAM: A gentleman by the name of Mr. Fransisco. Who subdivided Armory Acres into a minor subdivision, and then he sold to the County. October 16, 1980 MR. TELSEY: Now who sold her the land, I would like to have that question answered. I think it's necessary. MR. CHAIRMAN: Mr. Fransisco. MR. TELSEY: She owned the land. Who was the agent involved? MR. CHAIRMAN: Oh, I don't know. MR. TELSEY: I'd like to have that answered. It's pertinent. MR. CHAIRMAN: Well, I don't think that falls into our cate- gory. MR. TELSEY: No. But it's important to know. MR. CHAIRMAN: Oh, you're talking,about who the real estate people are. MR. TELSEY: Who sold her residential land to be used for a clinic purpose. ' ,~ MR. CHAIRMAN: I don't think that comes under our jurisdiction. MR. TELSEY: No, it doesn't. Really doesn't. But it's per- tinent because you'll find out later, as this case comes along you'll find out it is important. MEMBER GOEHRINGER: Can I say something? MR. CHAIRMAN: Sure. MEMBER GOEHRINGER: Mr. believe it's in Riverhead, and they publish all the-- Telsey, there is a corporation, I called Suffolk County Public Records, MR. TELSEY: But that won't show the realtor who sold the land. That would show the grantor-- MEMBER GOEHRINGER: That would show the attorneys that were involved. MR. TELSEY: That's right. Yes. But I'll find that out later. If I don't get an answer from her, I'll find it out from yourself. In the meantime let's continue. Is there anyone else to speak for this? Anyone here to speak against this? MR. WILLIAM NEDOSZYTKO: My name is William Nedosztko, and I own Lot 2 in Armory Acres. And I bought the property in 1974 with the specific reason of eventually building ~ home on it. And I feel that if this health care center should be placed on the lot next to me not only wodens the value of my property but also the two )ots that are directly behind it will lose their property value also. I have with me a covenant and restriction applying to that property, and number two, states that onlya one private dwelling shall be constructed on each lot; and that no lot or portion thereof will be further subdivided or otherwise split, and I think this is sufficient reason not to allow that health care center because it will not keep with the character of what the property was intended for. Also, any type of property that's run by any type of government will probably be taken off the tax rolls and although the point that Mrs. Katz brought out that Greenport is a poverty area, taking that piece of property and the beautiful piece of property that it is off the tax rolls will further drive the tax rates up and there will be more poverty level involved by the people that will be staying behind to pay their taxes. MR. CHAIRMAN: Thank you. (Mr. Nedoszytko handed the Chairman a copy of unsigned covenants and restrictions that he read earlier into the record.) MR. CHAIRMAN: Is there anyone else? MR. TELSEY: My name is Mr. Telsey; I live on the North Road east of the KOA on the north side of the North Road. I and my neighbors strenuously object to the locating of this clinic on the North Road. One because it's zoned residential; and if we permit a clinic on that road it'll change the character of the community. Secondly, it's a two-lane road and it is a two-lane road; and it is already overburdened by traffic. I have here a letter from the Department of Public Works; and I think there is a letter in your file, evidencing the fact that this is an out-moded road and that it would eventually be widened because of the fact that it's unsafe at the present time. Thirdly, I object strenuously to the information given to you by Mrs. Katz. She says to you that this will be used for about 6,500 patients, would be staggered and come at all hours of the day and night and on Saturdays. In a letter or a statement she gave to the Suffolk Life on September 15th, and I quote, "...She estimated a total of 8,500 patients in the center within the first year of which 2,500 will be dental. Katz said scheduling staggered hours for evenings and Saturday office time for working people, a play area to keep children occupied if their parents are busy with this center's dentist, and a referral system for specialists will be part of the program .... " Then there is another reason I object to it. This being a community health center, we are all going to pay for this thing. There is no free lunch. This is going to runinto a million or maybe two million dollars. And it's necessary that we have broad public participation in this matter, just to listen to it and have a few people come here. That is not the way to run, to have a center established. We must have broad public participation because it's our money that's going to be spent on that facility. And another thing, I refer you to Mrs. Katz' impact -39- October 16, 1980 (Mr. Telsey continued:) environmental statement. She says it won't have an impact on the traffic. She says it won't have any major effect on the character community. Character community is residential. It's evident that it's going to have an effect. She says there won't be any public controversy. She never came to me. She never spoke to my neighbors. And this covers an area of Southold and Shelter Island. So it's important for us to make sure that it's properly located. We feel that it should be located to near the center of things where there will be no duplication of facilities. We feel it should be closer to the hospital. MRS. KATZ: We do too, but the hospital doesn't want it. MR. TELSEY: In cases of this kind, if this is for public use, we people of the Town and the County can condemn !and if we feel it's necessary for the public welfare. So there's no excuse for going into a residential area. And trying to kill this man's property so he can't build a residence alny more. It won't be worthwhile to reside in a place like that. Now she then goes on and states as you'll see in the record there, it says, "only one of the many examined that could be purchased in A-Residential area." Why did she go to an A-Residential area. Doesn't the Master Plan provide for an area where a medical center or a clinic can be established? So that's why we're strenuously opposed to this. We ask you that this matter be recessed for more public, broad public participation. Let's get the community in here. Southold and Shelter Island. People that come from Shelter Island they have to get off the ferry, jump, get on some transporta- tion up to the North Road. The facility is out of the loca- tion. It should be in the center of things. Thank you. MEMBER GOEHRINGER: Mr. Telsey, I don't want you to think that this is a derogatory statement; but you keep on referring to the word "we." How many people are you repre-. senting? MR. TELSEY: Wait a minute. I spoke to all, most of my neighbors, and we haven't too many neighbors in the direct area. There are many neighbors up on the hill. Most of them are not there at the present time. Some of them, of course, I didn't have a chance to go all the way up the road, and our road from the North Fork Motel to Porky's Restaurant, that is a well-traveled road. The traffic there has become terrific. And if you'll see by the letter by the Public Works, having a K.O.A., three motels, two condominium facilities, and a nursing home which has a permit to build condominiums-sticking a medical center in between would cause a terrific hazard on this particular road. Not only to the users of the clinic but to the traveling public. It's unbelievable that this location Southold Town 8oard~f Ap~als -40- 16, 1980 should be picked. That's I know. I'm pretty sure is the real person. Now, why I asked, who sold her this property? I know. But I wanted to find out if that are there any other questions? MEMBER GOEHRINGER: Well you didn't answer my question. How many people do you represent. MR. TELSEY: Oh. I have here, I have just gone to my neigh- bors here; I have a petition here. In fact that's why I asked for a recess. I will get you maybe 500 names on that thing as to the location of the clinic. These are all the people on the North Road, my neighbors, next door, Queen Street, Thugesen who's down the road, and of course I own a piece of property across the way from there. There's a piece of property that's occupied by a tenant of mine who objects. I own two pieces of property--the County Park is in between. If you look at the map. I'm on each side. MEMBER GOEHRINGER: May we keep this for-- MR. TELSEY: Oh yes. Take the top off, because I'll get you more. That's why I wanted-- MEMBER GOEHRINGER: Did you want this back (pad). MR. TELSEY: No, no. Take this. I can get others. MEMBER GOEHRINGER: I mean, I knew you were an attorney, that's the reason why I asked -- MR. TELSEY: That's ok. No, no. I don't want you to feel that I'm just misrepresenting you. MEMBER GOEHRINGER: No, no. I didn't say that. MR. TELSEY: No, no. It's all right. I spoke to not only my neighbors but I spoke to plenty of people in the Senior Citizens. Most of them object to the location, they say, "Why should we travel up on the North Road on a two-lane road, when we can go into Greenport and near a hospital and all the facilities will be centered there." It's our town; and it's our money; your money; we're paying for it. As I say again, there's no free beer or no free lunches. It's going to run into the millions. And if we're going to locate a thing that's going to cost millions of dollars, let's do it right. Mr. Telsey presented the Board with a petition signed by lO individuals, including himself, objecting to the locating of the proposed Fanny Behlen Community Health Center on the North Road as setforth in the Notice of Hearing on October 16, 1980. MR. CHAIRMAN: Is there anyone else that wanted to speak? Southold Town Board of Appeals -41- October 16, 1980 MRS. KATZ: Mr. Grigonis, I would just like to say one thing. The only thing that I really feel rather strongly about is to use the word "millions." Believe me, it's a very modest undertaking of 5,000 square feet. The top f(gure is well under a half a million dollars. Plus the fact that we agree with Mr. Telsey that we should have been located in the hospital. No one questions this. There's no argument. It was their decision that we could not be. This was investigated/explored first of all. So we took the next best move we could. MR. TELSEY: In a residential area. May I say something else? MR. CHAIRMAN: Go ahead. MR. TELSEY: We have a Master Plan with this Town. Doesn't the Master Plan make provisions for cases of this kind? MR. CHAIRMAN: I don't think there is anything in there that covers this, because we had gone through the ~rdinance trying to find out what could be done-- MR. TELSEY: Wait a minute. As far as your ordinance is concerned, thanks for reminding me, the law doesn't accept this type of facility. This statute should be strictly construed. It's either in there or not in there. It just can't be in between. So when counsel says that it's not exactly a hospital, it's a sort of in between. Well a medical center doesn't fit in that, in your section four, a clinic. She says it's not a hosital. It's a clinic. It's an ambulatory clinic, where people come back and forth. They'll come from Greenport to Shelter Island from the Town of Southold, and they have to go up on the North Road, a two-lane road, you have a letter in the record there from the Public Works, telling you how safe this particular road is. MR. CHAIRMAN: This is one of our problems trying to-- MR. TELSEY: Well either-Tasker will tell you, Tasker should construe this, this law should be strictly construed and in my opinion it doesn't fit into this section. This is a downzoning. Not a special exception. This is what this is. And it's, if they're going to have dental offices there, belong in a B-Zone. They have to go along to the Master Plan and get a location within the bounds that they are committed. And that should be done. And I think Mrs. Katz should be helped to find a location. We should help her find a location--the Town and the County should help her find a location, because-- MR. CHAIRMAN: There's no question that something like that is needed. MR. TELSEY: That's right. There's no question of the need. We don't object to the ambulatory clinic. We just object to a Southold Town Board o~f Appeals -43- 16, 1980 (Mr. Lightfoot continued:) Now there's a steady stream from the Orient Ferry. It's all over the same road. We just have to accept this right to progress. I think there's one benefit for these people in the long run. Even- tually many of these residential properties will probably have to become commercial. And then it's to their benefit to sell their properties at higher profits. I've been connected with housing and other projects and I've seen the same thing happen in Huntington, which today is practically a city. I hope we never reach that stage here, but we certainly have to have clinics, or at least one clinic in this area. We've got more senior citizens here every year. We have more tourists every year. We still have a very large migrant population. I'd like to point out to you that Mr. Cohalan has stricken $160,000 out of the County budget for the care of migrants in the medical part in the next budget. So it's vital for us to have this clinic. MR. NEDOSZYTKO: I would just like to get from Mr. Lightfoot's comments. He says that it's unfortunate that property will even- tually be zoned for business. My intention was to buy business property and hold it until I could sell it to make a profit. I certainly would have done that in the first place. My intention is to have property residential and keep the make-up the community the way it is up there. Also, in Huntington, Mr. Lightfoot says it's unfortunate that Huntington has become what it is today, but by the same token he wants the same type of progress out here to turn this Southold Town area into the same type of progress to make it into Huntington. And I disagree with that. MR. LIGHTFOOT: As I said, I hope we never become like Hunting- ton, but I don't see that we have a zero population growth policy in Southold. MR. NEDOSZYTKO: quite a bit. But by making progress, you could help it MRS. WICKHAM: I'll be brief. I just wanted to address a couple of points that were brought up by the two gentlemen here. First of all there was a reference to taxes and the property being off the tax rolls. I'd like to point out that the three lots in the subdivision, exclusive of Mr. Nedoszytko's are now taxed under $400. All three lots. Now if they were taken off the tax rolls, that may be a detriment; but on the otherhand how many people will the center employ? MRS. KATZ: About 16. MRS. WICKHAM: About 16. Now, that as an economic benefit to the Town I think can't be argued. The other thing I want to men- tion is that the gentleman who sold the County for the benefit of the health center, this lot, still owns the two lots behind here. Southold Town Board of Appeals -44- October 16, 1980 (Mrs. Wickham continued:) So I don't think he was concerned about a depreciation in his property value. He was aware of the use to which this property would be requested to be put. Moreover, no proof has been shown here about depreciating property values. I think it's mere speculation. There are special exception provisions in the code and contemplate that these types of uses would be compatible in a residential neighborhood, that's why they're provided for. The reference to the types of uses include a hospital, and this is a hospital type facility. It's a health center with the out-patient aspects of a hospital. We're not asking for the full complimentable types of facilities. I think that would certainly be a lot more to ask for in this type of neighborhood. As far as the neighbors go, most of the surrounding area is undeveloped multi-residence property, and if those properties were developed in multiple, this would certainly be very compatible with that. Not only that, the old ide~ that they like the idea, but they don't want it in their backyard seems to be prevalent here; but I think Mr. Lightfoot adjusted the problem. It does haveLto be some use somewhere for this type of property, and on a major highway that that's the best place to be. The only other thing I want to say is regarding this so-called covenant regarding one-family dwelling. That was a mere statement by Mr. Fransisco when he subdivided that there wouldn't be more than one house on any one lot; and that the lots wouldn't be further subdivided. This is some- thing Planning Board often wants to make sure you won't come back again and want to put two or three houses on it. The covenant in the declaration was only that the lots would not be further subdivided, not that there would only be one house. So there is no restriction here on whether it be residential. MR. NEDOSZYTKO: If those restrictions were just for that thing, to make the Planning Board or the Zoning Board go along with the subdivision, what stops me from violating any other of those restrictions that are on that sheet of paper. What stops me from building, or putting some type of barrier across my 15-foot right-of-way that goes to the back two lots. MRS. WICKHAM: That's entirely different, it has nothing to do with it. MR. NEDOSZYTKO: No, I mean, I could violate those laws too and it has nothing to do with it. MRS. WICKHAM: It's not a covenant. It was merely a state- ment which Mr. Fransisco in fact put in an affidavit to us indicating that he did not intend to limit it to residential. It was merely a statement to the Planning Board that not more than one dwelling would be put on, or any other type of building. Southold Town Board o~f Appeals -42- October 16, 1980 (Mr. Telsey continued:} location. We should help her. She did a wonderful job up until now. Let's give her credit where credit is due. But on the last thing she fouled up. And let me tell you a little story. There was a, an old country story, where a father had an apprentice son, he was teaching him the glass business. How to make a glass, how to mix the ingredients, how to mix the sand. And then it came time when the son was going to do it himself. So he mixed everything-he did everything perfect. Beautiful. And he put the paint up to dry. And when it dried, it was cloudy. So he asked his father, why is this cloudy? He says, "Son: he says, "You know what hap- pened?'' He said, "You forgot to blow on it like this, and it would have been clear." This is the example. Mrs. Katz was beautiful in everything she had done, exce~the last step. Mr. Wilton, of the K.O.A., I understand was supposed to be here. He also objects to it. I don't know why he isn't here today. But that's why I asked for a recess. I think his mother is sick. MR. CHAIRMAN: We have to get some reports in from the County Planning Board and all that, so we'll have to recess this till about December 4, 1980. MRS. WICKHAM: If there are no other comments, I'd like to speak on this. But I don't know if anybody has anything else to say. MR. CHAIRMAN: Someone else, back there? FREDERICK S. LIGHTFOOT: I'm Frederick S. Lightfoot and I live at Fourth Avenue, Greenport, and I'm on the Building Committee of the Fanny Behlen Health Center. I think we have in our town what happens in every town that develops as the population increases, there have to be more facilities. And inevitably, some main highways become the locations for them. And so we have the condominiums on our North Road, we have the K.O.A. on the North Road, we have a nursing home on the North Road, and this is inevitable. This is the sort of thing that happens. We have candy stores. MR. TELSEY: Candy? MR. LIGHTFOOT: That's right. Candy store on the North Road; we've got VanDuzer Gas Supply, so they're trucks on the North Road. These are things that you'll have to expect as the Town develops. The only way you can stop it is by having zero population growth. And while I must admit that in our argument, that the people who have residential properties along a road like that, it is distressing to see a change come before progress. To them it's a change. They came there for quiet when they first went to the North Road. It had only a few cars a day. Southold Town ~f Appeals -45- October 16, 1980 MR. NEDOSZYTKO: And also I would like to state that I have been in quite frequent contact with Mr. Fransisco in regards to the make-up of the two back lots; and the story that he told me, and of course I don't expect you to take this--I mean if you really want to get it from the horse's mouth I would suggest that you contact him directly. But he told me that when he had that provision made up, he had hopes of just four houses on that area. And that after I bought my property and then the K.O.A. went him, he was disenfranchised with the way the property was running in that area, so he was going to sell that lot for whatever reason he could find. He is presently doing quite a big of real estate work in Colorado, and he really has no thoughts or any cares about what happens to the other two lots in Southold Town. You can check with him yourself per- sonally if you'd like to. MRS. WICKHAM: That's all I have thank you. MEMBER DOUGLASS: May I have the floor, Charlie. MR. CHAIRMAN: Go ahead. MEMBER DOUGLASS: Abigail? I'd like to ask you a question before you leave. On that drawing in there in reference to this right-of-way of 15' and 15'. Has not the architect assumed that that is part of the width of the lot? MRS. WICKHAM: I can't tell from this drawing how he has located it. I see what your question-- MEMBER DOUGLASS: thing. He has measured from the center of the MRS. WICKHAM: Actually, I think that what he did -- 'I see your question. The map is misleading in that, where is it, it says 30 foot right-of-way. This is the 30 foot right-of-way. We own this portion. We have a right-of-way over this portion. These people over the back have a right- of-way over this portion. So it is part of our ownership. MEMBER DOUGLASS: Yeah, but it cannot be construed in side lines. Side lines start from the right-of-way. Not from here. MRS. WICKHAM: I thought the side line started from the boundary lines. MEMBER DOUGLASS: Starts from where that right-of-way MRS. WICKHAM: I want to check that out first. I'll verify that after I speak with Mr. Fisher. is. MR. TELSEY: Mr. Grigonis, I'd like to state one more fact. Southold Town Board of Appeals -46- October 16, 1980 (Mr. Telsey continued:) I was to submit to you a letter from the County of Suffolk Depart- ment of Health Services, from Dr. David Harris. And he says to me: Dated: October 8, 1980: "...Thank you for bringing to my attention the question of the zoning of the site proposed for the location of the Fanny Behlen Health Center. I have not previously bee~ informed about any potential zoning problem .... And of course I am going to leave this. And then he says: "...I agree that health facilities should be subject to local zoning as set out by the local zoning board .... " And I'd like you to put this in your file. maybe. I think you've got one SECRETARY: No. A carbon copy is noted to Henry Raynor of the Planning Board. MR. TELSEY: Oh, then put that in your file. And of course, did I give you one of these from the Planning Department about the intrusion of business on the road? SECRETARY: Yes. MR. CHAIRMAN : Yes. MR. TELSEY. You got that. MRS. KATZ: May I make one more observation? Taking into a local board for the zoning is precisely what we're doing. There was no reason for the County to be involved in any portion of this at all. This is not a County health center. It is funded by the Federal Government-- MR. TELSEY: And the County. MRS. KATZ: No, Mr. Telsey. Mr. Telsey, let me explain something. Just one minute please I have the floor. MR. TELSEY: Go ahead. MRS. KATZ: In order for us to get the Federal funding, the County had to give what we call a local percentage. And it was much less expensive to contribute the $40,000 a year towards our operating expense then it would be, sir, to spend your tax dollars on another County health center altogether. It would cost you a great deal more. The fact is the County has nothing to do with the running of the center, where it is located, and so forth. We asked the County Legislatureto handle it when Denis Hurley was still our Legislator. They agreed to do it Southold To oa of Appeals -47- October 16, 1980 (Mrs. Katz continued:) because of the necessity of this particular medical care, which they are lacking in this community. MR. TELSEY: In the statement to the Suffolk Life newspaper on September 10, 1980, "...a total of $40,000 yearly for operating costs will come from the County, along with an initial grant totalling of $30,000 for equipment .... " And she says the County has nothing to do with it. (Mr. Telsey submitted the documents for the record: Letter from Dr. David Harris, Commissioner, Suffolk County Department of Health Services dated October 8, 1980 addressed to Mr. Benson S. Telsey and the contents of which is shown on the next page of these minutes; also photocopy of a newspaper article with the notation "Suffolk Life Newspaper g/lO/80" and entitled, "Sept. 15 Date Hearing on Dental Unit", the contents of which is also shown on a subsequent page of these minutes.) MR. TELSEY: And that's for your file. DOROTHY FAULKON: I just wanted to add that the purpose of the County adding the $40,000 annual operating funds is because not only does the Federal funding grant require what they call a 20% local funding effort, that would mean that under normal conditions we would be expected to go out into the community with a fund-raising drive. We have, because we have no inten- tion of doing this, because for us to do this we felt would be a competition with Eastern Long Island Hospital's annual fund- raising drive, which is very important to the community to begin with, therefore, the County Legislature determined that by their adding the $40,000 annual fund to the operating expenses there would be no necessity for that. MR. CHAIRMAN: Thank you. And your name, please? MRS. FAULKON: Governing Board. Excuse me. Dorothy Faulkon, Chairman of the MR. CHAIRMAN: I think at this point we'll recess this until December 4th, 1980. MR. TELSEY: I won't be able to be here. But let me bring another thing to your attention. I expect some letters from the public health service in Washington regarding the relocation of this particular center. Evidently there is no Master-Plan Site Selection Study in this matter, and being-understanding how the government works in these things, they just throw money at you and say, "Go, do it, it's a good thing." But as far as we're concerned, we must watch that it's located properly because it's our money, it's not the.irs. It's easy to throw money that doesn't belong to them. So I expect some letters. In fact, I Southold Town Board Ils -48- 16, 1980 will submit them for yo'ur file as soon as I get them from the public health service,.department of health and human services. I should get that very shortly. Letter dated October 8y-1980 submitted by Mr. Tel sxey and entered into the record:,kCOUNTY OF SUFFOLK ' DEPARTMENT OF HEALTH SERVICES DAVID HAIr'IS, M.D.. M,P.H. October 8, 1980 Mr. Benson S. Telsey North Road Greenport, New York 11944 Dear ~[r. Telsey: Thank you for b'ringing to my attention the question of the zoning of the site proposed for the location of the Fanny Behlen Health Center. ~I have not ,previously been informed about any potential zonin5 prob%em. This health cen- ter is not to be operated by the county, although the co::~ity group Froposimg 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 commumity 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 a~ree that health facilities should be subject to local zoning as set out by the local planning board. I do not know what impact a caamge in ioca~ion 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. Commissioner DH:bk CC: Sidney b~tchell, Commissioner Suffolk County Dept. of Real Estate Anion Borovina, Assistant County Attorney Shirley Katz, Acting Director Fanny Behlen Health Center Henry E. Ra}~or, Jr., Chairman Southold Tow~ Planning Beard Newspaper a~ ibmitted by Mr. By CH.M°,LOTr ,'~ JO ELN~ON - GREENPORT . Because the tedel~ government deemed the So~thold-Sheltor Island area "medieaUy der's~,ed" and "medically mantxlwer short," the Nas.sau- ,Su~fo~ Health Systems Agency, a federal prego'am, will hold a public hearing on the feasibility of a medical-dental addition to an approved health center. The public hearing ts set for Sept. 15 at 7:30 p.m., in the Legislative Meeting P,~om of the Riverhead Cot~ty Centor. To be named the Fanny Behlen Community Health Center, a[tor a Southold public nurse who was known for b-~ing to promoto ine:q>ensive yet quality health care, the center is slated to open ~ Iai]. According to Shirley Katz, a spokesperson at the center, the public hearing will "justify the need for a dental unit," to be included in the center. Approval for the medical part of the health center already has been gra~ted. 'l~.e Beh!en Center will be a volnntai-~, non-pr~it diagnostic and treabnent center serving children up to Semor citizens. Katz added that a fui]-time dentist, a dental hygienist, and other personnal will be stalled full time. The Katz said the reaso~ for this trait wasn't because there aren't enough dentists in StfftoLk Count},', but ~atme of an ~econnmic barrier. "Many people cannot a/ford dental care," she said. Financial arrangement3 tot the center in¢!ude-a 30-Year ..100 percent mortgage ak an in~r~t r~;~ ,~t_lj3~.l~lZilln L ~',"ne Ieceral Heal~ an~ Human Services Agency, form~'{'ly the Health, Education and We[fare Department, has given O=/~~~.-m~.--i_eal c_~r, liar. said, which will be Specs for the dental portion of ~e bui!ctfmg includes a room for taking X-rays, dar~eem for developing, and a lab. "It's easier to build now than to add on later," Ka/z said. ~:- ~:-While Ka ta co.Id ~ give an ese.mated cast of the ¢?_L- she said the cc~t. was "rea~'6-nanie ~'6-c~ vHt. hl~ the concept, f~Alt~ecause the application Ires not been ,turned down." .though it is a federal ~ogtam, some county monies will [be revolved. A total of $40,000 yearly for ope~'adng cos~ will [ come from the county, along with an hxitial equipment k~ant totalling $30,000. Basically, Kat~ said, the program is designed 'for preventive medictoe, good care regularly, not when it's an Tel s anlntered emergency. She eslimat, ed a total Nf ~ ¥,tl_c, atienta in center ~~t y~ of w~ ~ ~ de~ eve~ng and ~y ~fice [~e for wo~ ~ple a play ~ea ~ k~p c~n ~p~ L~e= ~e~a are ~ ~e center's d~tis~ and a mf~al sys~m for s~ ~is~ ~ ~ p~t of ~e~ · U~' pr~ de~ ~ se~, ~du~ ~~ m~~i~ng ~me h~l~ aid~ ~e s~ff wffi ~de ~o ph~iei~.% a '. medidal assistant, r~eptionist, nurses, several ~orker and ~'o ~ ~ple. ~e ~ ~ple ~' ~ ~t ~e co~ ~ awa~ of ~e ~c~, ~ '~ ~ able ~ k~ ap~tmnn~, ~d c~d eve~ de~v~ m~cafio~, sM ~id. ~ey ~ ~i~y "de~e .~t~tial n~," she ~i~ . ~y~ne ~ ~ able ~ m~e ~ ~ ~e ~c~, ~ ~p~m~. ~e w~ aren't cove~ by M~ ~-. sysam." ~ s~ ~e c~r w~d ~e ~ c~a~ ' away groin area ~nt~a or ~icia~ ~fe~a~, Ka~ ~id - ~" ~"~ ~ou~ ~e c~t~ ~o~ ~ ~ nn ~ ~, ~nyone w~ ~d~ q~ ~ ~ ~t ~ ~n~ away, ~ emp~ah~ Ka~ sa~he eX~ some cnn~ ~ ~ voic~ by ~e ' ~fo~ Co~ty ~n~ -~on, but pro~n~ into the record: Southold Town Board of Appeals -50- October 16, 1980 On motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, to recess the matter of Fanny Behlen Community Health Center, Ap~o. 2736 until th~ December 4, 1980 regular meeting of this Board. Vote of the Board: Ayes: Messrs. Grigonis, Doyen Douglass, Goehringer and Sawicki. ' PUBLIC HEARING: Appeal No. 2752. Application of Fan_~ Behlen Community Health Center, P.O. Box 659, Greenport, NY for a Variance 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. The Chairman opened the hearing at ll:02 p.m. by reading the appeal application, showing proof of notice of hearing and affi- davits attesting to its publication in the local and official nespapers; Notice of Disapproval from the Building Inspector; and letter from the Town Clerk that notification to adjoining property owners was made; fee paid $15.00. Abigail A. Wickham, Esq., representing the Fanny Behlen Community Health Center consented to the waiver of reading the notice as published in the newspapers. MR. CHAIRMAN: This matter will be recessed with the previous application until December 4, 1980. On motion by Mr. Grigoni. s, seconded by Mr. Goehringer, it was RESOLVED, to recess the matter of Fanny Behlen Community Health Center, Appea'~o. 2752, until ~he December 4, 1980 regular meeting of this Board. Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Douglass, Goehringer and Sawicki. The Chairman called a recess between ll:03 and ll:lO p.m. The meeting reconvened at ll:lO p.m. Sept 15date hearing o.n dental CHARLOTTE JOHNSON GREENPORT - Because the federal government ~ deemed the Southold-Sheitor Island area "medically un- de~erved" and "medically maal~wer shorl." the N~--~u- Suffolk Health Systems Agnncy, a federal pro.-am, will hold a public hearing on the feasibility of a medical-dental additien to an approved health center. · The public hearing is set for Sept. 15 at 7:30 p.m., in the Legislative MeeUng Room of the Riverhead County Center. To be uamed the Fanny Belden Community Health Center, after a Soathold public nurse who was known for trying to promote inexpensive yet quality health care, the center is slated to open this fall. According to Shirley Katz, a sookesper~m at the center, the public hearing will "justify the need for a dental unit," to be included in the center. Approval f~ the medical part of the health center already has been granted. The Belden Center will be a vo{nntary, uou-profit diagnostic and treatment center serving children up to Semor citizens. Kats added that a tull-time dentist, a dentaf hygienist, and other personnel will be staffed fuU time._ _The center, now under construction, allows for three deutaf Katz said the reusO4m for this u~it wasn't because thero aren't enough dentists in Suffolk County, but because of an ~{[economic barrier. "Many people cannot afford dental care," she said. Financial arrangements for the center include.a 30-~ear 10O percent mortgage at an in~t rn t~ ,~ [Lv~l~U:S:ent The *Teaeral Heal~ and Huma~n Services Agency, fo' rm~rly the Health, Education and Welfare Department, has given a. aj~proval for-i.b~e_.U:{~c_en~ter, Katz said, which will be located 1,000 feet south off the North P~ad. Specs for {,he dental poriiou of the buiIding tocludos a room for tski~ X-rays, darkroom for developing, and a lab. "It's easier to build now th~n to add on latsr," Katz said. ~ While Katz could l~.t ~ive au esiimatsd cost of the prejec~_'~ she said the d~st was-~re~-5-uable ah~-~--~ concept, mausa the appliealion has not been ,b-,rued down." ough it is a federal pro,ram, some county monies will volved. A total of $40,ixx) yearly for opera{iu8 co~ts will e from the county, alou~ with an initial equipment nt in~ {lln__. Basically, Kats said, the pr~ram is desisned roi' preventive medicine, goed care regularly, n,o,t when it's_ a~n emergency, She estimated a ~ ~Ue~ ~ ~ f~t y~ of w~ ~ ~ den~ eve~ and ~y ~fice t~e for w~ple, a ~ay medidal assistant r~eptiouist, u~ses, several ~ ~ able ~ k~ a~tmen~, ~d c~d even . Ka~ ~d s~ e~ s~e con~ ~ ~ voic~ by APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. ROBERT .1. DOUGLASS GERARD P. GOEHRINGER Joseph H. Sawicki Southold Town Board of Appeals MAIN ROAD-E~TATE ROAD 25 SOUTHOLD, L.I., N.Y. tlcJ?l 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 Fanny Behlen Community Health Center, Inc. Proposed Site: South Side of North Road, Greenport Dear Mr. Matsunaye: 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 you~ attention to this matter. Sincerely yours, Enclosures CHARLES GRIGONIS, CHAIRMAN By Linda Kowalski Secretary JR. APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. TERRY TUTH!LL ROBERT .J. DOUGLASS GERARD P. GOEHRINGER doseph H. Sa~cki 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 Utilities 236 Third Street Greenport, NY 11944 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. Southold Town Board of Appeals MAIN R~3AD- STATE RI:IAI::) 25 5[3UTHI3LD, L.I., N,Y. 11971 TELEPHONE {516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS. JR., CHAIRMAN SERGE DOYEN, JR. T."' ~ ~Y T U TH:'...L ROBERT J. DOUGLASS GERARD P. GOEHRINGER doseph H. Saw~cki October 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: 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 cohs~ideration. Sincerely yours, Enclosures CHARLES GRIGONIS, JR. CHAIRMAN By Linda Kowalski Secretary BARNEY A. [VANS COUNTY OF SUFFOLK DEPARTMENT OF PUBLIC WORKS R. M. KAMMERER, CO]~iMISSIONER 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,j~o provide an adequate and safe width of pavement for present day traffic. IA.~s you know, this ro__a,d was built many years ago to meet standards which ar~'-Presently outmoded~_J.~The widened road would include features which would greatl.~y e_~nhan~ ?? saf~e, ty~f the~e].linq ~c. Although 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 Seth A. Hubbard Chairman L~e E. Koppelman D/rector Of Piannlng Suffolk County Department of Planning N V.N. KLEIN, County Executive Mr. Albert W. Richmond - Town Clerk Town of Southold Main Road Southold, N.Y. 11971 Veterans Memorial Highway Hauppauge, L. L, N. Y. March 8, 1974 979-2920 Re: Application of "Richard C. Wilton and John J. Clanton" for proposed changes of zone from "A" Agricultural and Residential to "M-i" General Multiple Residence District and "B" Light Business District, Town of Southo]d (SD-74-5) Dear Mr. Richmond: - Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the Suffolk County Planning Commission, on March 6, 1974, reviewed the above captioned zoning actions and after due study and deliberation did take the following action disapproving these changes of zone: 1. The proposed number of campsites is inconsistent with "}~1" General Multiple Residence District requirements; 2. The Greenport Water and Sewer District is unable, at this time, to guarantee the necessary water and sewage facilities; and GGN: fp The intrusion of business-zoning along Middle Rd. would be inconr~ sistcnt with the residential pattern of zoning in the surrounding area and would provide the i~petus for the further perpetuation of ~ndesired strip retail commercial deve]opmcnt along the county road- way and which would be inconsistent with the Town Master Plan wherein it states that "commercial ribbon deve!op~nent ~ould be ...absolutely prohibited along C.R. 27". Very truly yours, Lee E. Koppe]man Director of Planning Gerald G. Ne~an Chief Planner September30, 1980 Re: Tanny Behlen Comm~anity Health Center (Ambulatory Care Clinic) It has come to my attention that the above mentioned Center propose to locate on the North Road (County Road ~28, Suffolk County N.Y., Town of Southold) wes~ of'Queen Street a short dis~ance from the Entrance and Exit to EampErounds of Amer~¢.a ~actlity ( a mobile trailer park) and has made a application for a varience to the Board of Appeals of the Town of Southold. This road is a two la~e road already o~erburdened by traffic, in view of the fact that we not only have the E.O.A. located thereon but we also have within a short distance - 3 Motels, 2 Condominium Complexes, a Bestaurant With a large Banquet hall for Dining an~ Dancing, a Murstng Home that has been granted permission by the Town to Build Condominiums. The Master Plan of the Town of Southold Zoned this area Pesidential - AMricultura! and to locate a Health ~e~ter here would not only violate the Yoning but will create a Hazardous and Dangerous road for the residents as well as others who use the center and the road. The'Master Plan of the Town of Eouthold provides desi~nated areas where a Health Center may be located and should be located there and not i~ a area where it is not permitted. The residents in the area favor a Community Health Center but Strenously Oppose and Object to locating same on a two l~ne country road, Zoned ~esiGen~ial, and'miles away from the uen~er oi' Fresen~ ~'acilities CMospita£, etc.,~ ~nG where the majority or uses may reside and may use same without ~e need oi' ~ransportation to and rrom the health center. Proper '~ocation oi' the cente~ will avoid an unnecessary expense burden on the taxpayer in addition to the Safety Factor -Eevere Traffic Congestion. I urge you to use your ~ood offices to have this matter Followed Up and Studied iu Depth before thousands of dollars of taxpayers mone~ is w~sted on a Health Center Tn~ro~erl~ Docated~and by reason thereof creating a dangerous conditlo~. I thank you for your immediate attention to his matter' as time is of the essence~ To: William R. Pell II ~espectfullF uts, Southold Town Supervisor , , ~ /Y'~Ur~ ~ m~/'~, ........ "~pr~h ~%~d, ~reen~q~t~N.Y. 11944 ~.~-v~en~ly ~nere nas oeen ~as~er ~±ann~ng/~e )Selection Study, ' ~A matter of this kind should have Broad Public Participation /beforeany action is taken. · Fanny Behlen Community Health Center, Inc: P.O. Box 659 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 H. Katz, Main Street, Greenport, N.Y. 119~re: site plan Fanny Behlen Community Health Center The health clinic which we propose to build at 69390 County Road 28 on Lot ~ 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 pro~ect 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, convenience and economical building costs. As a result of requirements placed on us by the sponsoring government agencies to 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.2§ 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. GreenDort, New York 11944 (516) 477-2968 The Zoning Board of Appeals To~n of Southold 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 (1%) spaces. We have allowed for thirty-three (33), which is more than required. However, ~r. 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(4) 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 espectfully yours Sherley B. Katz Acting Director 'LEGAL NOTICE OF HEARINGS I~OTICE ~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 ma~ters 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 Oleuick, 120 Park Avenue, Brooklyn, HY 11217 for a Variance to the Zoning Ordinance, Art. HI, 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 Ho. 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 O~din- once, Art. HI, Sec. 100-31 for permission to construct garage with an insutiicien~t fr~_.nty_a~.d --- ..... ;--'east?by Peconic Holding Co.; County Tax Map Item No. 1000-35-4.21, 8:10 p.m. Recessed Hear. ~ff 'mn. Faeny Behlen Comm..ity ,. Health Center application for l~ ~. Special Ex?~otien to erect an ambul~to..ry care clinic on ~. residentially-zoned ~-perty at ~of North Road, , mg -_A_pp]ication of; Fam~y , Behlen '~Community Health ~',i; enter; P.O Box 6.59, Green- ' ' :;~ pert, NY for a Variance to the Zoning Ordinance, Art. ili, Sec. 100-30 and 100-31 for permission to erect an ambul. atory care clinic on property zoned A-Residential & Agri. _~ ! cultural and with insufficient ~- distance from Street I/ne and ;~.~, insufficient diStance from the . east side line. Location of property: South side of North · Road (C.R. 27), Greenpert. c,;):NY; bounded north by North %- Road; west by Fenno south b ,; ~Franslsco; east by Nedoszy- i ~>~tko County Tax Map Item No. ] !:i :~-~': 8:40'p,m. ReceSii~lg 'Hear: I COUNTY OF SUFFOLK ss: STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, 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 I~}and Traveler-Watch- man once each week for ............. ~ .......................... weeks successively, commencing on the ................................. Sworn to before me this ~8~ day of ~L~MENT J. THO~'~PSON NOTARY PUSLI~, State of New 'tor~ ~. 52-9321725 Reddin8 in ~olk ~un~ ~ ~mmimi~ ~r~ ~mh ~. ~9~ J floor) below ~e ~strJc~ 8-f~t base eJeva~on in a S~Ja] ~ ~rd zone at tbe south side of ~ne, Greener[, ~; bound. ~ nor~ by Wiggins ~ne; south by rordham Canal; by Prate; east by P~eaic Holding Co.; County Tax Map Item No. I~21 : 10 p.m. ~sed H~n~.' Fann~ Be~en Communit~ Health Cen~er appl c~tion for a S~cial ~xception to er~ an ambula~o~ c~re clinic on residenfially-zon~ pro~r~y a~ the south side of North ~oad, Green~rL ~; County ~.~ Map Item Ng. l~3- P ~ [y zon~. ~. Wlth l~uffleient di~ncofr~m .~. ~outh side of North (C.~. ~), Grouper[ a:~ P.m. Re~ed Hearin~- ' - Application of Roy C. Sch~n- . ~ar, by Ga~ Flanner 0hen, Esq., Main ~d, Mattituck, '. Ny for Variances to the Zon- *ln~ Ordinance: (1) ior a~ proval o~ insufficient area and · 'width oi ~rceis to ~ ,~. -' .' ' ....; ~ ~: _, ,.-lishedina proposed.subdivi. · sion, Article /II, Sect on 100- 3L and (2) for permission to LEGAL NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Cede of the Town of Southold, that the following matters will be held for public hearings by the Southold Town Beard Appeals at the Town Hall, Main Road, Soatbold. 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 Ordinance, Art. III _' Sec. 100-35A for permission to construct fence in the front "-~.ard area exceeding height limitations at 185 Private - Road No. 10 (a/k/a 4255 South Harbor Lane), Soothold, ' bounded north by VanDer. ' heuvel; south by Private .... Road; west by South Harbor . Road east by Jacobs County :~ Tax Map Item No. --'~ 7 · ,~,-..45 p.m. Appbeation of ~Edna. R. Tonn~n by Sidne !Y. -~Becbe as agent, Main Roa~y, · ~ ~ox 979, Cutchogue, NY for a ~ Variance to the Zonin Or g d~- nance, Art. III, Sec. 100-31 for · - ! permission to construct .garage with an insufficient fruntyard setback at 50 Bunga- · .~low Lane (a/k/a 1945 Marra- tooka Road), Maltituck, NY; bounded north by Bungalow reinstate preexisting noncon- forming 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; wesl by Matt Agency, Jar- zombeck, Roth; south by Me/- lender; east by Pumill~, Hal- lock. Steinhart, Jackson· Bil- ~anos: County Tax Map Item No. 1600-143-2-33.2. Dated: November 20. 1980. ' ~ BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS CHARLES GRIGONIS, JR., 3564-1TN26 CHAIRMAN HELEN K DE VOE ~OTARy PUS[lc, State ot New York No. 4707878, Suffolk County ~rerm Expires March 30, rFFOLR, ] .,,,~s,r.. OI~NEW YORK, l' ss: J Joan ...................................... being duly Sworn, says that .s..h.e..., is Printer ond Publisher o! the SUFFOLK WEEKLY TIMES, a newspaper published at Greenport, in said county: and that the notice, of which the annexed is u printed copy, has been published in the said Suffolk Weekly Times once in each week, tot . . one weeks successively commencing on tt~e .... ~Tifl~ ................ Novembe~ ~n 80 day of ........................... Sworn to before me this . ..~.~..~...... day of .. ~ ..... 19. ~.0.. ........... ....... 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. lO (a/k/a 4255 South Harbor Lane), Soutbold, 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. Tonnese~, 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; tooka Road, east by Darsaklis; 1000-123-2-1. south by Carr; west by Marra- County Tax Map Item No. 7:55 p.m. Application of Harold and Hattie Stetler, 25 Mindrews Avenue, Brentwood,~Ny 1].77 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 at 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. 8:10 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 distance zoned A-Residential & Agricultural and with insufficie ~ 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 Instructions to newspapers: Please publish during the week of November 24, 1980 and forward four (4) affidavits of publication to: Mrs. Linda Kowalski, Secretary, Board of Appeals, Main Road, Southold, NY 11971. LEGAL NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law a~d 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 Soothold, at Town Hall, Main . Road, Soutbold, New York on Thursday, October 16, 19~0: 7:35 p.m. Application of Leon and Pauline Krementz, Schoolhouse Creek, New Suf- f01k, NY 11956 for a Variance to the Zoning Ordinance, Art. VIH, 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 Sohoolbouse Creek; west by Tuthill; south by Tuthill; east by Uhl ami Cutchogue Harbor; County Tax Map Item No. 1000-117-5-46.3. 7:45 p.m. Application of Gus Dom'mas, by William H. Price, Jr., Esq., 82~ Front Street, Greenpert, NY 11944 for a Variance to the Zoning Ordinance, Art. III, Soc. 100-31 for permission to construct dwelling withiusufficient front and rear yard setbacks. Leea- tion of property: Manhanaet Ave. and Landing Lane, Greenpert, 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. 10~0-434-6. 7:55 p.m. Application of Ee- straction Co., Koores Read, Box 21, New Suffnik, NY 11956, for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for approval of insufficient width of a parcel to be estab- lished in a subdivision. Loca- tion of property: South side of Great Peo~[~ Bay Boulevard, Laurel, N~l~ounded north by Great Peconic Bay Boule- vard; east by A. Cardinale Estateand Catalano; south by Peconic Bay; west by Kendel, Smith, Bayuk, Carey and Gan- non. County Tax Map Item No. 1000-126-6-14 and 15. 6:10 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. 10~0-35-6-38. 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: 6520 Skunk Lane and 80 Haywaters Drive, Cut- chogue, NY; bounded north by Skunk La. (Bay Ave.); west by Murchek; south by Smith; cast by Haywaters Drive. County Tax Map Item No. 10/)0-104-54. . 8:35 p.m. Application of Dwight A. Home, 750 Village Lane, Orient, NY for a Var~ ianee to the Zoning Ordinance, Art: III, Soc. 1O0-31 for ap- proval of insufficient ama and width of two propesed parcela. Lacatiou c/ properties: 750 and ~00 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. Bagli- vi, Nassau Point Roali~[~ut- cbegue, NY for a Varig.. to the Zoning Ordinance, Art. III, Sec. 100-31 for approval of insufficient area and width of three propused 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. 100-32 ,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 Wunneweta Road; south by Horowitz; east by Nassau Point Road; County Tax Map Item No. 1000-111-4-32. 9:10 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 Read, Mattituck; 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 iusuf- 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. Application of Fanny Behlen Community Health Center, P.O. Box 659, Greenport, NY for a Special Exception to the Zoning Ordi- nance, Art. III, Sec. 100-30 for permission to erect an ambu- latory care clinic on residen- tially-zoned property located at the South side of North Read (C.R. 28; also C.R. 27), Greenpur t, NY; bounded north by North Road; west by Fen- no; south by rransisco; east by Nedeszytko; County Tax Map Item No. 100~40-3-3.1. 10:00 p.m. Application of ~'~'n~y Be-ffl~fi Comni~i~ "HeaI[h L~n[er~ PlO. ~X_~59~ -Greenpo~:t~ NY for a Variance~ - I6'Ih~ zoning Ordlnaneb, Art, _'1~_.< Section i00-~0 for permis2 t~ibri t-6~/~et an abulatory care "clinic on rdsidentially-zoned -.O2rppert~loeated at the aouth side of North Read (C.R. 28, also C.H. 27), Greenpurt, NY; hounded north by North Read; west by Fenno; south by Fran- sisco; east by Nedoazytko; County Tax Map Item No. 100040-3.3.1. Dated: Soptembor 25, 19~0. BY OHDER OF TH~ 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 Suffolk ~v. a~l~erd n0.rt, h by ~. l qa n With an Insufficient =cnoo au sideyard setback. Location of Tuthill,ar property: 1055 Soundview by Uh!3o Avenue, Mattituck; bounded Counto~ north by L.L Sound; west by 1000-pe Stritzler; south by Soundview 7:4a1~ Avenue; east bv Martituck Dour a Shores Associates5 County Tax Sr., i~ Map Item No. 1000-94-1-9. ~aree 9:35 p.m. Application of Vari Fanny Behlen Community anc~ Health Center, P.O. Box 659, pen Greenport, NY for a Special lng m . Exception to theZoning Ordin- rea.~a ance, Art. III, Sec. 100-30 for Pr°dPoO~ permission to erect an ambula. La~ tory care clinic on resident- bm A~_!xo ially-zoned property located at GtSe~ the South side of Norlh Road (C.R. 28; also C.R. 27L M Greenport, NY; bounded north N_jod by North Road; west by Fenno; u~o south by Fransisco; east by [~ol~ Nedosz~ko; County Tax Map Item No. 1000-40-3-3. I. .(~af~j1 10'00 p m. A~phcation ot p, is ~_F~nn~, Behlen Commumty ! ~ Health Center. P.O. Box 659,_ ' ~r~enp~ort, NY for a Variance ' _t~ the Zoning Ordinance. Art. ~ Ill, Section 100-30 for per- .In _?ll¥1on to ered an ambu atory_ ._c_are clinic on residentially.' zoned property located at the sdhth SideafN0rth Road iC.R ' ~, aiso C.R. 27li Greenport, NY; bounded north by North Road: west by Fenno: south by FransiSco; east by Nedoszvtb~: County Tax Map Item No. Dated: September 25, 1980 BY ORDER OF THE SOUTHOLD TOWN · BOARD OF APPEALS ; ~ IT. 10,9:80 (10) COUNTY OF SUFFOLK ss: STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; ;nd 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 ~uccessively, commencin~ on the ....~ .................................. ...... ....... Sworn to before me this ........................ do¥ at N~t_~ry 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. lO0-31 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. C 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. lO0-31 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. NY; 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 i construct dwelling with insufficient frontyards. Location of property: 6520 Skunk Lane and 80 Haywaters Drive, Cutchogue, bounded north by Skunk La. (Bay ^ye.); 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. 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; No. 1000-25-1-14 and 15. County Tax Map Item 8:50 p.m. Application of Harry J. and Lillian A. Baglivi, 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 Poin't Road; County Tax Map Item No. 1000-111-4-32. Page 3 Legal Notice of Board of Appeals Hearings 10/16/80 Meeting 9:00 p.m. Application of Harry Ba~livi, 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 area. Location of property: 3440 Nassau Point Road, Cutchogue; bounded north by Alexander and Golden; west by Winneweta Road; south by Horowitz; east by Nassau Point Road; County Tax Map Item No. 1000-111-4-32. 9:10 Neck Road, Art. III, sideyard area. tituck; bounded Mrowicki; southwest County Tax Map Item 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 Location of property: 125A Cox Neck Road, Mat- northeast by Mattituck Creek; northwest by by Cox Neck Road; southeast by Sievernich; 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 p.m. 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. Greenport, NY; by Fransisco; 1000-40-3-3.1. bounded north by North Road; east by Nedoszytko; west by Fenno; County Tax Map Item No. 27), south Page 4 Legal Notice of Hearings Board of Appeals 10/16/80 C 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 APPEALS OF THE SOUTHOLD TOWN BOARD OF 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 25 SOUTHOLD, L.I., N.Y. 11cj71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GR1GONIS. JR., CHAIRMAN SERGE DOYEN, JR. TYPE II ACTION DESIGNATION ROBERT 3. DOUGLASS NEGATIVE DECLARATION GERARD P. GOF,,HRING~R. J0sepn H. ~awlcK1 NOTICE OF NO SIGNIFICANT EFFECT ON THE ENVIRONMENT Pursuant to Section 617.13 of the New York State Department of Environmental Conservation Act, Article 8 of the Environmental Conservation Law, and Town Law of the Town of Southold, Section 44-4B, the Southold Town Board of Appeals has determined that the following project is classified as a Type II Action not having a significant effect on the environment and will not require any other determination or proceduret under the N.Y.S. Environmental Quality Review Act. DESCRIPTION OF PROJECT Appeal No. 2752. Application of Fanny Behlen Community Health Center, Inc., P.0. Box 69, Greenp0rt, NY. Location of Project: South side of North Road, Greenp0rt, NY. Permission Requested: To erect ambulatory care clinic at residen~la/~y-z0neo property. Date Of Public Hearinq: 0ct0ber ]6, ]980. ]0:00 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 }{earing, Environmental Assessment in the Short Form, Section of the County Tax ~ap showing the subject property, &other documents as may be required. Person to Contact for More Information: Mrs. Linda Kowalski, Secretary, Board of Appeals, Southold Town Hall, Main Road, Southold, New York 11971; tel. (516) 765-1809. Dated: October 3, 1980. Posted on Town Clerk Bulletin Copy to applicant. Board K JUDITH T. TERRY To: Southold, L.l.,N.Y. 11971 September 29, Southold Town Zoning Board of Appeals 1980 TELEPHONE (516) 765-1801 From: Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No. 2752 application of Fanny Behlen Community Health Center for a variance. Also included are notification to adjoining property owners as follows: Mr. & Mrs. William Nedoszytko, 719 First Street, Greenport, N.Y. 11944; Arthur L.R. Francisco, Jr., Box 6, Silverton, Colo. 81433; Judith F. Fenno, 19 Radcliff Road, Wellesley, Mass. /,' 'Judith T. Terry ~ JTT/bn Enclosures Town Clerk FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL for permit to cons . ....................................... the premises located at .................................... ....... ~. ~. ~.~ .~ ..~.....~... Street Map .................................... Block ............................................ Lot ................................................ is returned herewith and disapproved on the follow;ng grounds ,..~~.~..,~ ~~...~.~...~.~ ....... ~ ~.:~.~.....~....~..~...~.~...~:.. ~.~.~ ........ ~.~.~.... ~.....~...~ ~...~~L....~. ~....~ ..... ~.~:::....::..:~ ......... ~~ ~70~0--~0-~- ~./ Building Inspector TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR TOWN HALL SOUTHOLD, N. Y. 11971 TEL. 765-1802 September 22, 1980 Hrs. Shirley Katz Main Street Greenport, N.Y. 119~ Site Plan Fanny Behlan Community Health Center 69390 County Road 28 Greenport, N.Y. 1194~ Lot 1 of Armaroy Acres Minor subdivision 98 Dear Mrs. Katz: Th~ Site Plan submitted does building and parking area is and property line. not comply to zoning. The located to near the street The shown parking layout does not comply for 33 cars but for only 29 spac'es 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 sits plan approved by the Planning Board, County Health Depart- ment approval of the proposed water and septic system and approval of access to County Rosd 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 Parts of Code applicable to Building Inspect'or's certification of Fanny Behlen Community Health Center. lO0-30B(4)a.- No building or part thereof or any parking or loading area shall be located within one hundred (100) feet of any street line nor within fifty (50) feet of any lot line. 10~0'112C - Size of spaces. Three hundred fifty (350) square feet shall be considered one (1) parking space (to provide room for standing area and aisles for maneuver~ng). Entrance and exit lanes shall not be computed as parking space except for drivewalzs for one-family and two-family residences. The minim~un parking stall ~.~idth shall be ten (10) feet and the minimum length shall be twenty ' (20) feet.~, lO0-112A - Schedule of parking requirements. Profes~£onal office of physician or dentist - 5 spaces per physician or dentist each 100-112K(2) - Whenever a parking area of over five (5) spaces is located across the street from other land in any residence district, it shall be screened from -the view of such land by a ~ahick hedge, ¥~11 or fence, approved by the Plenning Board ...................... (see Code) (Today's DAte)- To: Re: Southold Town Board of Appeals Main Road Southold, NY 11971 Appeal Application of FaDny R.hl~n ~nmm~]n~u h..3~ ~.ne.~ Location of Property: ~939~ ~,,~y Rn~a;~a ~re~-p~ ~:v: Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 NYCRR, Part 661, and Article 25 of the New York State Environmental Conservation Law, please be advised that the subject property in the within appeal application: (please check one box) [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in very good condition and at leas~ 100 feet in length.* May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in need of (minor) (major) repairs, and approximately feet in length. [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. [ ] May be located within 300 feet of tidal wetlands; and there is no bulkhead or concrete wall existing on the premises. Is not located within 300 feet of tidal wetlands to ~he best of my knowledge.* [Starred items (*) indicate your property does not appear to fall within the jurisdiction of the N.Y.S.D.E.C.] Sincerely yours, 'iNSTRUCTIONS: .~ order to ans~ter tile questions in this short EAF it is assumed ~hot the pr' ' eporer ~.lill use. currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations ¥1ill be undertaken. (b) If any question has been answered Yes the project may be significon~ and o completed Environmental Assessment Form is necessary. (c) ]f all questions have been onsYtered No it is likely %hat this projec~ is not significant. . ' (d) 5nvironmental Assessment ~. ¥/ill project result in a large physical change ~ to the project site or physically alter more than 10 acres o~ land? ......................... Yes=x No 2. %'~ill there be a major change to any unique or -unusual land form found on the site? .......... Yes. X NO 3. %?ill project alter or have a large'effect on existing body o~ water? Yes X ND 4.. %'/ill project have a potentially large impact on grouncJ%va~er quality? ....................... Yes. X'No_ 5. ¥1ill project significantly effect drainage flow on adjacent sites? .............. ~ ......... Yes. X NQ 6. %~ill projec~ affect any threatened or endangered plant or an~mol species? ........... Yes. X No 7. %'Jill project result in o major adverse effed~ ality? .. Yes X No on air qu .............. ' ................ .. 8. ¥/ill pro3ect hove o major effect on visual character of the community or scenic views or. vistas known to:be imporlon% to the community?, Yes XNo ~. %~ill project adversely ~mpact any site or .' structure of historic, prehistoric or paleontological importance or any site designated as a critical environmental area -. ; ......... Yes. x No by o local oge.cy? ........ 10. %~ill project have a major f ~ x or future recreational opportunities? ......... . Yes X No 11. %~ill projec~ result in .major traffic p~oblems o~ cause o major effect to existing transportation systems? ....................... Yes_x No 12. %~ill project .regularly cause objectionable odors, noise,' glare, vibration, or electrical disturbance as a result of the project's opero~ion? ..................................... Yes, X..Nc 13. %Vill project have any impact on public health or.safety? .................................... Yes. X.N° 14. %Vill p~oject affect ~he existing community by directly causing o gray/th in permanent population of more than 5 percent over a one year period ~. hove o major neg~tlve effect on the character of the community or 15. Yes X No neighborhood? ................................. ,. , Is there public controversy concerning the Yes X No x980 TOWN OF SOUTHOLD, NEW YORK~ APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ~ 7~,~,,.~ , .,: ~ DATEseptem:be~-...2.9, 1980 T0~F~'~';~OF~NG BOARD OF APPEALS, TOwN OF sOUT. HOLD', N. y. ; ' Name of Appellant Street and Number ...~..9.!l!J ............................................................................... ~.~...~.Ql~.~. ........ HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON ~Ia~L,~M~N~q,,f,~R~-I~...~.J..~..e....?..1....a~.. ............. DATED .....S..e.~..t...e..m...b..e...~...~..2, A....]:.9...8..O.. ...... WHEREBY THE BUILDING INSPECTOR DENIED TO v. ] ................................. ............ 3.i Map No. Lot No. ..Fan~y..~ehJea..Co~aun~t¥..Heal.t.h..Center marne of Applicant for permit of ~..~..Str~e.t, ......... G~ea~er.t, .............. N~...~r.~...~ ~.~ Street and Number Municipoli~ State PERMIT TO USE . m 5t[eet .Use District on Zoning 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do nat quote the Ordinance.) ~00-30U(4) ~ 3. TYPE OF APPEAL Appeal is made herewith for (X) A VARIANCE to the Zoning Ordinance or Zoning Map · (:'!) ~ ~, V~RiANCIt due tO-laisk ~ access (State ~' New York Town Law Chap. 62 Cons. Laws · ~ rt. 1 Sec. 280ASub i0r{3 4. PREVIOUS APPEAL A previous appeal (has) (be~,net) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was (~') request for a special permit ( ) request for a variance and was made in Appeal No...2~.~ .................... Dated ...A~t...1LI-~...zgf).0. ............................... ) X) ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ,s requested for the reason that Approval of the variance on distances from the proposed building to the street and lot lines is necessary because of the limitations of the lot. Further details are presented. Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practicaldlfficultiesorunneces- · sory HARDSHiP because of the slope of the site and the location of the sewer line alonge Route 28, the building must be close to the road to allow gravity feed of its sewage. 2. The hardship created is UNIQUE and is not shored by all properties alike in the immediate vicinity ofthis proper~ andinthis use district because this will be the only health center in the own of Southq~d and the .aize of the health center building has been mandated b¥'requirem~nts imposed by the Federal, State and County agencies responsible for approving its design, construction and operation% 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE [HE CHARACTER OF THE DISTRICT because within practical economic limitationst the clinic building and its grounds will be made as att~active as possible and this will include sc~eening.(not shown on the site plan submitted) in accordance with 100 112K(2) of the zoning code. COUNTY OF~%U~'~u/~ ) Signature Sworn to this ........................................ ~ ..... doy o{ ..................................................... ]9 NOTARY PUBLIC, State of New York No. 52-4625897 Qualified in Suffolk County ~ Commission Expires March 30, ]9 BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of Fanny Behlen Community Hea~h~nter to the Board of Appeals of the Town of Southot~ TO: ,VNO~i:cE',! l: - , YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (5j;;,r.,f.j~l.~.,x~r.,I;~,~;l~f. iaL~l;l;~) (the following relief: a?.r,~,t~%r~a dt .~t.,¥n~eR from building to road and lot lines less than code provides ). 2. That the property which is the subject of the Petition is located adiacent to your property and is des- cribed as follows:69390 Cout~ty Road 28; Greenport; N.Y. Lot I of Armaro¥ Acres Minor Subdivision 98 A 3. That the property which is the subject of such Petition is located in the following zoning district: Re~idential ~nd A~ricultural 4. That by such Petition, the undersigned will request the following relief: u~e of property for a Health Center, distance of approximately ~0 feet from the building to.the road, ~istan~s t~ lot lines of approximately 20 fee~ %o the wes%, 3~ fee~ Lo Cna ~uu~ ~[A~ 20 £e~t to th= east. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are: !O0-~C'J~(4 'l~ 6. That within five days from the date hereof, a written Petition requesting the relief specified above will he filed in :he Southold Town Clerk's Office at Main Road, Southold, New York and you ma), then and there examine the same during regular office hours. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated3epti~mber 29, 1980 F ~__~_~_y _Reh!e Petitioner Post Office Address ~11 Main Street~ Greenport, N.Y. 119~ P.O. Box PROOF OF MAILING OF NOTICE NAME ADDRESS East - Right of Way, Mr and Mrs William ~edoszytko 719 First Street Greenport, N.Y. 1194J~ South - Arthur ~. R. Francisco, Jr Box 6 Sllverton, Colo 81433 West - Judith F. Fenno 19 Radcliff Road Wellesley, Mass 02181 STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: · ,19 C~ deponent mailed a true copy of the Notice set forth on the re- , verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons a~$hown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- (certified) (registered) mail. / Swo~ t~b~h is c/ d, yol C-9'2" LgZ WA~TER ~, KRUPSKI, NOTARY PUBLIC, State of New No, 52-46~5897 Oualified in Suffolk CounW Commission E~pire: M:~rch 30, 39 ; that said Notices were mailed to each of said persons by ./ t5 VILLAGE OF GREENPORT I S. 3A(c} \ 5.2A(c] ~ \ I24 I. 9A(c) SUFFOLK COUNTY (iNLET POINT PARK) (iNLET POINT PARK) SUFFOLK COUNTY 1.7A~ 4 9.2 8 10.4A(¢) .TA(c) ~ ~, S 7.2ACc) ~ s~'~'~ ~ " t~ ' I 7 IA(e) a 32~5~ V ~4~39' .~N 323,58 t.80 ' ' ' t .'= ' - .........' p/~ ]~-t~ u.,,...~,. - - -. ~ .... 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