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HomeMy WebLinkAbout5193RICHARD F. LARK MARY LOU FOLTS LARK & FOLTS Attorneys at Law 28785 MAIN ROAD - P. O. BOX 973 CUTCHOGUE, NEW YORK 11935-0973 Tele. No. (631) 734-6807 Fax No. (631) 734-5651 November 14, 2002 Mr. Gerard P. Goehringer Southold Town Board of Appeals 53095 Main Road P. O. Box 1179 Southold, New York 11971-0959 RE: Maintree Corporation Appeal No. 5193 Dear Mr. Goehringer: On behalf of the applicant, Maintree Corporation, I am enclosing seven copies of the following: 1 Phasing Plan Purpose. 2 Phasing Plan for Renovation Work. 3 Parking Plan. 4 Proposed handicapped ramp & toilets plan. 5 Floor two renovation plan. 6 Proposed 3rd Floor renovation plan. I would appreciate if you would give each of the board members a copy of the above items. I am also requesting the matter be adjourned from December 5, 2002 to January 9, 2003. In order to fully understand the proposal, I believe it would be helpful if the board members would at their convenience view the premises. Since it is open only on a part time basis this time of year, please have the board members contact me and I can make arrangements for them to inspect the building. RFL/bd Enclosures Very truly yours, ,~Rl chard F. 'API~EALS BOARD MEMBERS Lydia A, Tortora, Chairwoman Gerard P. Goehringer George Homing Ruth D. Oliva Vincent Orlando Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION RECEIVED MEETING OF APRIL 3, 2003 APR 1 4 2003 Appl. No. 5307 - MAINTREE CORPORATION Location: 25500 Main Road, Orient; Parcel 18-6-10. REQUEST MADE BY APPLICANT: This is a request for a Special Exception under Article III, 100-31B, sub-sections 14a-d of the Southold Town Zoning Code (amended 2-7-9). The applicant-owner requests an Accessory Bed and Breakfast, accessory and incidental to the owner's occupancy in the existing dwelling structure, with up to five (5) guest rooms for lodging and serving of breakfast to not more than ten (10) casual, transient roomers. The applicant has submitted a parking plan for up to 13 parking spaces dated 5/30/02. PROPERTY DESCRIPTION: This property contains approximately 43,500 sq. ft. of land area with 211.49 ft. frontage along the south side of the Main Road (a/k/a State Route 25) in Orient. The property is improved with a three-story principal building, occupied by the applicant-owner. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on February 20, 2003, at which time written and oral evidence was presented. Based upon all testimony, documentation, personal inspection of the property and the area, and other evidence, the Zoning Board finds the following facts to be true and relevant. REASONS FOR BOARD ACTION, DESCRIBED BELOW: Based on the testimony and record before the Board and personal inspection, the Board makes the following findings: This Bed and Breakfast application is a cardinal example of the proper use of an older, stately three-story home that was converted to a rest home for many years. This request is unique because of the condition and size of the adult home. An inspection of the premises indicated the following: large first floor area including a living room/parlor, dining room, one bedroom at the rear of the kitchen, and den at the rear of the living room. There is a second floor with five (5) large bedrooms to be used by guests for sleeping purposes, two alternate rooms used for storage, and an old elevator. There is a third floor with a small apartment probably used by the prior owners on a seasonal basis. 1. The use as requested is reasonable in relation to the District in which is located, adjacent use districts, and nearby and adjacent residential uses. This proposed Bed and Breakfast Accessory Use is incidental to the applicant-owner's residence in the building. · Page2-April 3, 2003 Appl. No. 5307 - Maintree Corporation 18-6-10 at Orient 2. The owner's Bed and Breakfast accessory use, as requested, will not prevent the orderly and reasonable use of adjacent properties, or properties in adjacent use districts, or of permitted or legally established uses in this zone district or adjacent use districts. 3. The safety, health, welfare, comfort, convenience, order of the town would not be adversely affected by the proposed Bed and Breakfast accessory use and its location. 4. The structure will be readily accassibie for fire and police protection. 5. The proposed use will be in harmony with, and promote, the general purpose and intent of the zoning code (Chapter 100) and will be compatible with its surroundings and with the character of the neighborhood and of the community in general. 6. The Special Exception is for approval of an accessory use (Bed and Breakfast in an existing home) and will not prevent the orderly and reasonable use of this property or adjacent properties. 7. No evidence has been submitted to suggest that this accessory use will have an adverse impact on physical or environmental conditions in the neighborhood. This accessory use is an authorized zoning use subject to a Special Exception review and approval by the Board of Appeals and a Certificate for Occupancy from the Building Inspector for compliance with safety, health and other pertinent regulations. 8. No adverse conditions were found after considering items listed under Section 100-263 and 100-264 of the Zoning Code. BOARD ACTION/RESOLUTION: In considering all of the above factors, the following action was taken: On motion by Member Goehringer, seconded by Member Oliva, it was RESOLVED, to GRANT the application for an Accessory Bed and Breakfast Use, as applied for, with the condition of law pertaining to this type of use, as follows: That at all times and in all types of weather, guest parking will be provided as shown on the parking plan dated 5/30/02. Vote of the Board: Ayes: Members Tortora (Chairwoman), Goehringer, Oliva, and Orlando. (Member Horning of Fishers Island was absent.) This Resolution was duly 17iy/dia A."l"~'((:J~:a-, Chairw(~m~n - /// /,t~3 THE ORIENT INN Phasing Plan Purpose Orient Inn is to be a Country Inn that will service Orient and adjoining communities by providing lodging and food service to its guests. The concept is based on small places of lodging known as an "Auberge" which are prevalent in Quebec Canada and France. Only Registered guests will avail themselves of the food service (presently breakfast). The price of the meals will be included in the cost of the room. When making room reservations, the guest will indicate the number of meals to be included. When the Inn is fully operational it is contemplated to obtain an on-premises retail wine license in order to compliment the food service. To be part of the community, it is proposed to make the Inn open for limited cultural events. In the past, the Orient Inn has hosted: · Orient Historical Society Board meetings. A performance of the reading of Charles Dickens Christmas Carol by Norman Dietz Christmas House Tour sponsored by Orient Historical Society Song writing workshops lead by a local songwriter THE ORIENT INN Phasing Plan for Renovation Work PHASE Description of work Total # Total # of operational guests guestrooms Presently have 8 Existing guestrooms, 5 are operational Phase 1 - Jan 2003 to May 2003 5 10 · Renovate existing bathrooms in Rooms 2 and 3 to create 2 private bathrooms. Eliminate shared showers between these rooms. · Add Shower stall to existing guestroom # 4 Phase 2 - June 2003 to December 2003 8 14 · Obtain required Suffolk County Health Dept. permits to utilize three guestrooms. · Renovate 3 existing ( #1, 7 and 8) guestrooms · Obtain site plan approval for increased parking Phase 3 - Jan 2004 - Mar 2005 · Renovate kitchen to comply with Suffolk County Health Dept · Obtain necessary permits to renovate 3rd floor to create 2 new guest rooms, ( #9 and # 10), staff sleeping quarters, office and linen area. · Obtain Permits to provide Handicap ramp and secondary egress Phase 4 - March 2005 - June 2006 10 19 · Renovate 3ra floor to create new guestrooms · Construct 2nd egress from 3ra floor to ground floor · Make lS~ floor rear guestroom and bathroom handicap accessible. · Provide handicap ramp to building · Create new bath for guestroom # 8. · Obtain site plan approval for swimming pool When complete there will be a total of 10 guestrooms in the existing building that will provide lodging and meals to 14 guests. There are no plans to enlarge the building footprint. ~ q :'rave!er Str¢ ~ ~t; ~tho!d 55 ""- 7F. 5 - S-~ LOCATION 3 SlY,d- I GARRET~ '~.A.., ST~RANG · ' arcl~'~e'ct '' 1230'Trav'e~er ~tre~t Southold N Y. 11971 '63:1 - 765 - 5455, ,'~ ~l/2~02 II:lB 71~-B75-7996 ~'B$ P~ODUCTION r'~c .:.~l~ NEW YORK STATE DEPARTMENT OF HEALTH OPEI~TING CERTIFICATE I do lut~by certify that pursuant to authori~ confenv, d by law th~ operating certificate h~ been issued on the 1st day of November, ~998 to MORDECHAI YARON JANET ISMOND to operate a to be known as PRIVATE PROPRIETARY ADULT HOME MAXIMUM CAPACITY: 19 RESIDENTS · OYSTERPOND~ MANOR located at 25-500 MAIN ROAD ORIENT, NEW YORK 11957 SUFFOLK COUNTY in accordance with the regulations of Health as the statute provide~. Progrmns authorized by thi~ operating ,cenificate: ADULT HOME ~ .... _ -' i'~-~ ' .... 1 : ~=~- '"~ Expiration Dt~e: October 31, 2002 lqumber:. of' Licensure and Cetifleation Office of Continuh8 Care Dermis P. Whdea /) ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P,O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville, Southold Town Clerk DATED: July 18, 2002 Zoning Appeal No. 5193 Transmitted herewith is Zoning Appeal No. 5193 of Maintree Corporation for a variance. Also included is: letter of transmittal of dated June 12, 2002 from Richard F. Lark of Lark & Folts; Notice of Disapproval dated June 27, 2002; Short Environmental Assessment Form; ZBA Questionnaire; Applicant Transactional Disclosure Form; ZBA Application Project Description; petition to ZBA requesting Approval of Change Application for Non-Conforming Use with Exhibits A-G (A - copy of petitioners deed; B - ZBA decision and resolution of November 17, 1966; C - copies of Certificates of Occupancy; D -NYSDOH Operating Certificate for an Adult Home; E - affidavit of Laura Atkins; copy of Building Permit application dated June 25, 2002; G - Notice of Disapproval dated June 27, 2002). TOWN OF SOUTHOLD ZONING BOARD OF APPEALS In the Matter of Maintree Corporation PETITION for Approval to Change Classification of Non-Conforming Use. Appeal No. TO THE SOUTHOLD TOWN ZONING BOARD OF APPEALS: 1. Petitioner, Maintree Corporation, is the owner of property at 25500 Main Road, Orient, New York, (SCTM 1000-18-6- 10). A copy of Petitioner's deed is attached hereto as Exhibit ~. The property is located in a R-80 residential district, and has been a non-conforming multiple dwelling since the enactment of the zoning ordinance in 1957. Until December 15, 1966 the premises was operated as a tourist home by Alberta Hays Blauvelt. 2. On December 15, 1966 Alberta Hays Blauvelt transferred title to the property to John M. Rodden, Marion E. Rodden, his wife and Robert Zimmerman and Gladys Zimmerman, his wife. They were granted permission to operate the premises as an adult residence home by the Southold Town Board of Appeals, (Appeal #990), dated 11/17/66. The Zoning Board of Appeals at that time handled the permission to change this non-conforming use from a tourist home to an adult residential home as a special exception to the Zoning Ordinance and found that the special exception criteria had been met and the adult rest home was the same or a higher classification than a tourist home. A copy of the Board of Appeals decision and resolution dated November 17, attached hereto as Exhibit B. 3. Since 1966 there have been several owners 1966 is and the -1- following various building permits and certificates of occupancy have been issued by the Building Department of the Town of Southold: (a) Certificate of Occupancy, "Oyster Ponds Rest Home", dated January 26, 1967 for an adult rest home; (b) Certificate of Occupancy dated May 10, 1971, Z4236, along with Building Permit 5166Z dated March 15, 1971 for an addition to an existing dwelling; (c) Certificate of Occupancy dated May 16, 1983, Z11669 as an adult rest home; (d) Certificate of Occupancy dated January 4, 1985, Z13110, for an addition and kitchen alteration. (Copies of the above Certificates of Occupancy are attached hereto as Exhibit C.) 4. Commencing in 1966 the premises were operated as an adult rest home and, as a result, of Health had supervisory control home. If the adult home complied, the New York State Department as to the operation of the an operating certificate was issued. The current certificate #700-F266, expiring October October 31, 2002, is attached hereto as Exhibit D. This 'current operating certificate authorized 19 full-time residents of the home. 5. To inform the Board as to the general operation of the adult residence home called Oysterponds Manor, is the affidavit of Laura Atkins, sworn to on June 13, 2002 which is attached hereto as Exhibit E. Mrs. Atkins was the night manager and -2- worked at the adult home from March of 1980 to August of 1998. 6. It is the Petitioner's intent to utilize the premises as a country inn and to bring the building up to today's standards by providing handicap access to the first floor area as well as two handicap bathrooms on the first floor and renovate two bathrooms on the second floor. In order to accomplish this a building permit application dated June 25, 2002 was presented to the Building Department of the Town of Southold, a copy of which is attached hereto as Exhibit F. The Building Inspector disapproved of same by Notice of Disapproval dated June 27, 2002, a copy of which is attached hereto as ~xhibit G. citing primarily Section 100-241C as reason for the disapproval. 7. The current Zoning Ordinance Section 100-241, which governs non-conforming uses, states in Sub-Section C as follows: "Except as provided hereinafter, nonconforming use of buildings or open land existing on the effective date of this chapter or authorized by a building permit issued prior thereto, regardless of change of title, possession or occupancy or right thereof, may be continued indefinitely, except that such building or use:" C. Shall not be changed to another nonconforming use without approval by the board of Appeals and then only to a use which in the opinion of the said Board, is of the same or of a more-restrictive nature." 8. Without making any changes, the premises as presently configured is able to handle 10 overnight guests. It is the Petitioner's application that in addition to modernizing the building, bringing it up to today's standards and making it handicap accessible, to have permission to operate it as .a country inn. -3- 9. It is submitted that the proposed use of the premises as a country inn will be less intense than the prior use as an adult residence home. The adult residence home had 19 residents, 3 meals a day, 365 days a year. The operation of the residence as a country inn would be primarily confined to occasional weekday use, primarily weekends and holidays. This less intensive use is clearly the same or of a more restrictive nature than its use as an adult home. The point being made is that the Building Department has granted various Certificates of Occupancy allowing additions and modernization of the kitchen since the Board approved it in 1966. The Petitioner is proposing no structural changes and to use it in its current configuration at the present time. 10. The Petitioner further points out to the Board of Appeals that neither the Town nor the Suffolk County Meal'th Department controlled the use while it was an adult rest home as that jurisdiction was controlled by the State of New York Department of Health. The State of New York Department of Health is no longer involved if it is changed from an adult home to one of providing for overnight public accommodations. If it is more than 10 overnight guests, the Suffolk County Department of Health classifies it as a hotel and has a long list of requirements in order to operate it as such. If it is 10 guests or less, then the Suffolk County Health Department claims to have no jurisdiction over the use of the facility and relies on the Town of Southold for same. -4- 12. It is respectfully submitted by the Petitioner, as the Zoning Board of Appeals found in 1966, that the classification of a tourist home to an adult home was at least the same and it is submitted that it is of more restrictive nature in that its use as an inn because it will be less intense during the course of any particular year. It is further submitted that this facility has been at this location for approximately 40 years, has been an asset to the community, will not interfere with the normal and reasonable use of adjacent properties and will continue t'o be compatible with its surroundings and with the character of the neighborhood and the community in general. All upgrades will not only be done in strict accordance with the applicable codes but only with the permission and regulation of the Town. WHEREFORE, Petitioner requests that the Zoning Board of Appeals make a determination that the proposed use to a country inn is the same or a more restrictive nature than as an adult rest home, so that the Petitioner may make the building handicap the existing amenities in conformance with accessible and update today's standards. MAINTREE CORPORATION By: J~Tu r t ~u~r r~ ident -5- STATE OF NEW YORK COUNTY OF SUFFOLK SS.: VERIFICATION Joan Turturro, being duly sworn, deposes and says: She is the President of Maintree Corporation, a New York corporation, the Petitioner in the above entitled action, which is a corporation created under and by virtue of the laws of the State of New York; that she has read the foregoing Petition and knows the contents thereof; that the same is true to her knowledge, except as to the matters therein stated to be alleged upon information and belief, and that as to those matters she believes them to be true. Sworn to before me this day of July, 2002. EDNA M. HOUSTON Noisy Publi~, State of New No. 52-4634478 Oualified in Suffolk County ~mmission Expires A~'i130, ~ Joan Turturro -6- Index No. 00/13138 KATHY G. BERGMANN, ESQ., AS REFEREE MAINTREE CORP(~RATION REFEREE'S DEED IN FORECLOSURE The land affected by the within instrument lies in: County of Suffolk District: 100 Section: 018.00 Block: 06.00 Lot: 010.000 Premises: 25-500 Main Road, Orient, NY 11957-1106 RECORD AND RETURN TO: William H. Price, Jr., Esq. 828 Front Street P.O. Box 2065 Greenport, New York 11944 For BRC, PC use only Loan No.: 130000263 Case No.: 26923 ;XHIBIT A THIS DEED made on April 23, 2001, by and between Kathy G. Berflmann, Esq., 381 Montauk Highway, Box 904, Remsenberg, NY 11960, Referee duly appointed in the action hereinafter mentioned, Grantor; and Malntree Corporation, 49 King Street, New York, NY 10014, Grantee; WITNESSETH, that the Grantor, the Referee appointed in an action between Bridgehampton National Bank, Plaintiff, and Janet Yaron d/b/a Oysterponds Manor, Defendants, foreclosing a mortgage recorded on December 12, 1986 in the County of Suffolk, in Liber/Reel 12292 of mortgages, at Page 147, in pursuance ora Judgment entered at a Special Term of the Supreme Court of the State of New York, County of Suffolk on January 16, 2001; and in consideration ofT · v uVL, L,~, pain Dy the Grantee, being the highest sum bid at the same under said Judgment, does hereby grant and convey unto the Orantee:~ SEE SCHEDULE "A" ATTACHED HEREWITH AND MADE A PART HEREOF Said premises being known as and by street address: 25-500 Main Road, Orient, NY 11957-1106 Being the same premises described in the deed to the parties of' the first part herein by deed dated 3/15/96, recorded 4/11/96, in Liber 11769, at Page 433. The within described Real Property is not encumbered by a Credit-Line Mortgage. TO HAVE AND TO HOLD the premises herein granted unto the Grantee, Maintree Corporation, and assigns forever. IN WITNESS WHEREOF, grantor has hereunto set his (her) hand and seal the date first above written. State of New York) r~athy ~[ Bergmat/n} Esq., as referee County of Suffolk) On the 23rd day of April of year 2001 before me, the undersigned, a Notary Public in and for said State, personally appeared Kathy G. Bergmann, personally known to me or proved to me on the basis .of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within ,nstrument and acknowledged to me that he/she executed the same in his/her capacity(ies), and that by his/her signature(s) on this instrument, the individual(s), or the person upon behalf of which the h~nstrument.individual(sX ~NO~RY PUBLIC ~-5826 ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Orient, in the Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: BEGINNING at a point on the southerly side of Main Road distant 185.72 feet easterly from a point therein where it is intersected by the easterly side Of land now or formerly of William Y. Terry; RUNNING THENCE north 66 degrees 18' 30" east along the southerly side of Main Road 108.78 feet; RUNNING THENCE north 65 degrees 00' 00" east still along the southerly side of Main Road 102.62 feet to land now or formerly of Miller; RUNNING THENCE south 2.5 degrees 23' 00" east along land now or formerly of Demarest 228.80 feet to othor land now or formerly of Demarest; RUNNING THENCE along said land the following four courses and distances: 1) South 55 degrees 43' 00" west 94.92 feet; 2) North 23 degrees 05' 30" west 65.20 feet; 3) South 66 degrees 54' 30" west 89.73 feet 4) North 35 degrees 04' 30" west 181.22 feet to the southerly si4¢of Main Road and the point or place of BEGINNING. P~BLIC HEAKINO: Appeal Eo. 990 - 8.: 15 P.M~'i~'S.'T. ), Upon application of S~anley 'Corw~n· Esq. · 114 Main; Streetm Greenport· New' York, a/c John M. Rodden and Wife and Robert~ Ztmmerman and Wife, for a special exception in accor~-~ce with the Zoning Ordinance, Article X, Section 1007· Subsection ~), for permission to change the classification' of. a non-conforming multiple residence. · Location of property= south side' Main. Road, Orient· New York, bounded.north by Main Roa~m east by'Frank' J. Miller, south by H.MJ Demarest &'.Snns· west by'Private Road. Fee paid $5.00. The ~hairman opened the hearing bY reading the application for a special exception· legal no~ice of'hearing· aff/davi~ attesting to its publicat~on in the official ~ewspaper~ and notice to the applicant. THE ~.~. ~ our' Zoning Ordinance there is no specific uriteria set up determining which use~ is higher' or .1.ower# or if .y~u want to use the word res~r~ctive orless, restrictive, than any. other use. .The reason, I understand, this application is here, is for this Board to determine, and one of:the 'functions.. of:this Board is to interpret the provisions of "the Zoning Ordinance. As I recall, all the Zoning Ordinance says about this thing iS Whether a use. is higher or lower or the same. I~ doesn't' tell you, how to tell Whether a use is higher or lower. In the past we have been guided by. what little we know ourselves', and the New York State Law which is very .restrictive on any multiple residence, which the building inspector is pretty familiar withi As I understand our Zoning Ordinance, if' this was changed to a similar non-conforming use there would be no need to come in here. They would j~st get a certificate of occupancy. Who is to determine what is an exactly similar use unless it is this BOard azld that is why we are here. EXt-IIBIT Southold Town Board of Appeals -10- November 17, 1966 'A'~ C/~J/~%N: At this time is there anyone present who wishes to speak in favor of this application? STANLEY'CORWIN',' ESSo: Mr. Chairman, I subscribe in general to the substance of your remarks. I think you have explained as adequately and c0mplete%y as-anyone can the reason why we are here tonight. We have a situation where we are making a change only in a sense. I. think t~is Board can act administratively in this matter if they will search out the people who are here tonight and who can supply the answers as to the use that is to be made of the premises, and to compare it with the use that is presently being made and for which it is registered as a non-conforming use. And there are people here who are the prospective purchasers of this property under an existing contract of sale. They can, .I-am sure, satisfy you with rgspect to what is intended to be done here. ~ would 1~ to call your attention that under· the Provisions of 801 C (c), you have right, in authorizing the change in this type of permissive use to impose such conditions and safeguards that may be deemed appropriate or necessary. As far as any reasonable such conditions, we would have no objection to. Let me suggest'preliminarily to you, we don't have any thought to go through for the record the determinations that you have to make under sub-paragraph la with respect to adjacent, property? would like to assume we can regard these as capable of all being answered' in the proper, way. However, if yeu.have any questiens, whether or not the proposed use will affect anyone of these determin- ations, you are required to ma~.e, such as the health, Welfare, comfort,and convenience and order of the Town may be adversely affected. We would be glad to give you our views on these questions. We think too, with respect to sub-paragraph B, Where you-are required"- to take into consi~eration some 12 different aspects, all of these can be answered in a way .that would, make it possible to gra~_t this application without any restrictions or conditions., at all. The Boar~ recognizes, and we recognize, once you grant this type' of · application it-runs with the land and that the owners have nothing to do with it. -At least as far' as the fo~seeable future is concerned we. have the people, who-are the .prospective buyers. With respect to what happens beyond their use, I Can only suggest to you if the propes~d .use is permitted that .it is of such a nature an~ great degree of public-interest that the requirements of'the New York 'State Department~ of'Health and other administrative and.executive bodies~ would almost.mean that the. o~eration conducted, will not he detr./mental to the TOWn of Southold. With these prepatory .remarks, I would like to introduce to you Mr.. Rodden, Mrs.. Zimme=m~n~'. Mrs.. Rodden, then- Mr.. Zimmerman on the end, who are the buyers of th~ p~operty, and: who are familiar with the type of operation to be conducted. Mr. Rodden will be the spokesman for the group. Southold Town Board of'Appeals -11- November'lT, 1966 Tka$ CHA/~%N: I think before I ask to hear from Mr. Redden, I would like to ask the Building Inspector, who is in charge of enforce/rig the New 'YOrk~State La~, whethe~ or not in his opinion the proposed modifications, whether or not the result will conform with' the New York~State Law. H(N~%RD TERRY, Building Inspector: Yes. They will have to comply or they will not,et a certificate or,occupancy. I have ~ given them a letter on what haste be done. So far, everything is pretty well understood. STANELY'CORWIN, ES~%': That's only the beginning ofoar troubles too. In this respect we are dealing with the enforcing officter of the Multiple Residence Law, and this has to do with safety matters and thin~s like that. In addition to that we also have other administr~h~ve bodies,to impose other hardshipS, upon use. We are willing to meet them all. THE CHA/~d~AN: Other administrative bodies. What others? MR. RO~DEN: The New York State Department of Social Welfare. The regional office is located in New York. We had occasSion before we went into this situatiun to make application to the New York~State Regional Office. We had an inspector representing the regional director but to the Oyster Pond Inn. This regional inspector went through the home, inspected it very carefully, and told~us that we would need complete compliance with whatever their directiuns were. Also we had to comply with the directions of the Town of Southol~- THE CHAIRM%N: What about the'County Board of Health? Do you get involved with them too? MR. R~DEN: Yes, we are indirectly involved with them. We have to have our cesspools and water supply, checked out very throughly. Whatever we have been directed to comply with, and in order to make changes and' in order' to comply with. State and local authorities, as Mr. Corwin stated we are completely.willing to along with it. All of Mr. Terry~s requirements will be complie~ with in a short period of t/me.. In order for~the· State .to authorize us to go along with our changes we must ~irst have a certificate of ~ccupancy from his office. THE CHAIRMAN: Have you had experience in operating a rest home. MR. RODDEN: Yes. Mrs. Redden and I are presently partners in a Nursing Home. Mrs. Zimmerman and Mrs. Redden are involved in a rest home. I have also an association with a rest home. - Southold Town Board o.f~ Appeals -12- No~ember 17, 1966 .'~'n~ CHAIRMAN: Do you propose to concentrate ~our efforts in this area? MR%: R(~E~ Mrs'. Zimmerman and Mrs.. Redden' will be functioning down here. i THE CHA/RMA~: Mrs, Zimmerman and Mrs. Red, em? MR. RODDEN: Yes. MR.' HULSE: Whatwill yourcapaclty be? MR. R(~)EN: Seventeen guest. There are no patients. Under no circumstance 4o we offer any services to the guest-other than custodial care, room and board. U~der'no circumstance are we permitted.by t3ae New York~State'Department of Sodial Welfare Law to have any person in our home who is considered, or would be considered a patient. These people who occup~i, the .home have full facilities of thinking and capability of functioning as individuals. Th~% only thing is they are elderly. THE CHAIRF~: What is meant by custodial care? MR~ R~DEN: The way the New York'State Social Welfare describes rest'home type of case, or a persen who is to be offered custodial-care is a person who needs guidance, iN bathing facilities, proper controll of'd/et. We make sure they eat three meals a day. They'have room and board. ~l'h~ CBAIRMAN: Axe they required to do any chores? MR. R6~H)EN: No. They.have a minimmma~-assistance in dressing, and attendance during the night ho~s~% an~ observation of their personal welfare. They have all authority by law to go and'come as they please. CHAIRMAN: There are no restrictions on personal.movement? MR."Ru~EN: No, sir, none at all~ Suest at our ether-homes go to toWn, go out to the movies by themselves. They can attend any function they wish to attend w~hout'us~avlng anyauthorlty to controll them. However, we do one thimg. We request' our guests that they inform us where they will go. We are responsible to our lawe ourselves and to the people. Southold Town Board of Appeals -13- November 17, 1966 STANLEY'CORWIN, E~.: It was that aspect of this application Mr.. Chairman, and Gentlemen, that prompted me to say during my prel/minary remarks, so far'as interpretation of reclassification is concerned it is more a matter of substance because essentially the operation is one that'could be conducted if the propertywere to be sold and the classification continued as it-is, without getting into the problem of which is higher or lower. Bear this in mind, that if the present owner'sold the propertyto me and I justconducted anouther tourist home, it would still be permit~ed under your~Ordinance, but this thing is obviously going to be ~ higher by reasons which Mr. Rodden has indicated. MRS. M~z.~R: We Own the property'to the east. I would 1/ke to know if the prospective buyers are aware that there are three Iively, healthly, Normal, noisey childre~ next door and justhow much this will affect th~ rest'home. MRj RODDEN: We have had other homes where there has been a whole street full ofchildren. A group of children built a treeehouse about 40 feet from our present home. I guest you can imagine how eight or nine children dur/ng the course of a summer day can be active and loud. This does not bother our guests. MayI say one thing Mrs. Miller. Too many people think etderly people should be put in a c~ssification of untouchables. This is wrong. MRS. MTTZ.R~ You /mPly that the people ne~d rest. MR.' R~DD~N= We use the word guest. We h~e no patients. These people-are just'as haps' alive, and functioning as you and I maybe. There are no restrict/one on children. The people love the children. THE ~tIRMAN: Is there anyone present who. wishes to speak against' this application ? (There was no response.) ~tE C~A~IR~AN= ~re there any other questions from members of the Board? (There was no response.) Southold Town Board of' Appeals -14- November '17,'1966 (MR. Ernest Radford submitted the following letter to the Board: Letter was read later in hearing.) · HE CHAIRMAN: Do any of your guest have their own automobiles? MR. RODDEN= Ail of the patients in the nursing home and guest in the rest home, nene of themc~n vehicles. T~ECHA~RMAN= How do they go to the Villageo MR. RODDEN: We will bring themto town. We must provide for services to all denom/nation of churches, we mustprovide visits to the village. '~e must provide visitations to any place they-wish to go to'~x~ if they have no family or relation to bring them. We are committed to bring them to that area. THE CH~.IRMAN: How many vehicles do you require for this chore2 MR. RODDEN= I have a. little bus. We find that'no more than four people at any time requiring to be going out all at one time. we have the means to take them out. THE CHAIRMAN{ Is this identified with local hospital or medica~e? MR. RODDEN: No it is not. THE CHAIRNL%N: It doesn't involve the welfare dePa~A~t? ~R~ RODDEN: It is possible thatwelfare would be involved. Relative to medicare or medicade there is no assoc~tion between that and our type of business. T~E'CH~2~/~: Have you talked to any of the local doctors that might' be available? MR. R~EN= We can't do that yet. · £~ C~%~RMAN: Are there any other questions? (There was no response. ) Southold Town Board of Appeals -15- November 17, 1966 The Chairman read the following letter: "November 16, 1966, SoutholdTown Zoning Board, Southold, New York. "Gentlemen; · "Please be advised that we the undersigned, all residents in the immediate vicinity of the Oysterponds Inn, have no objections whatsoever to the establishing of a Rest Home in said building. "In our opinion a Lest Home would be far superior to merely'a change of management at the Inn. "While Mr. and Mrs. Blauvelt maintained a very dignified business which was an asset to the community, we might not be so fortunate a second time. "Aside from this apprehension on eur part, the~e is a dire need of a Rest Home in this vicinity as you well know. A Lest Home would afford the people of the surrounding area a very essential serVice especial~since the North Road Rest· Home closedits doors some time ago. The patients had to be transferred t o Shel~r' Island'and points far westi "Thanking you for your indulgence. "Very truly yours, /s/Mr. &Mrs. Edgar'A. Brown; /S/ Florence M. Keogh;'/S/Mr. &'Mrs. John S. Gilbert; /s/Mr. & Mrs'.'John M. Appelt; /s/Mr, &Mrs. Henry P__. Meyer." After investigation and inspection the Board finds that the appellant requests permission to change the classification of a nOn-confozming multiple residence~ The Boardfinds that the premises .in question are presently knOWn asthe Oys~erponds Inn, a non-conforming touristhome use in a residential district; a use which existed priorto the passage of the Zoning'Ordinance in 1957. The proposed.new use of the premises is for. an adult'rest home. The building in question contains twelve rooms, two halls, pantry, four bathrooms, two lavatories~ attic andfull;cellar , with a detached garage, all on a plotcomprising aboutone acre. The Board determines that such a use of the premises is considerably more restrictive under' State Law than the operation ora Tourist Home, and that the new use must conform to the New York State Multiple Residence Law and comes withing the jurisdiction of the New YorkState Department of Social Welfare. The Board determines SoUthold Town Board of Appeals -16- November 17, 19~ further that th~ proposed use of the premises for an adult rest home is of the same or higher classification compared to the present use as a tourist home. Those who are guest at- this adult rest home'will require only custodial care, no patient~care. There is no restriction, of personal freedom. Necessary transportation will be furnished bY the management or relatives and friends of the guests. The Board finds that there will be no infringement of the twelve clauses noted under' Article VLII, Section 801 C la, and foresees no need for restrictions or safeguards in connection therewith. The Board is of the opinion that the proposed use wilk pr,~vide a much needed facility for the Town of Southold. The Board finds that' the public convenience and welfare and justice will be served and the legally established or -permitted .use of neighborhood property and adjoining use districts will not be permanently or substantially injured and t/~ spirit of the Ordinance will be observed. On mOtion by Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED that'Stanley'Corwin, Esq., 114 Main Street, Greenport New York, a/c-John M. Redden and Wife, and Robert Zimmerman and'Wife, be granted permission to change the classification of a non-conforming multiple residence on property located on south si~e Main Road, New York, as appl.ied for'on the application to the Board of /%~peals, application dsted November3, 1966. Vote of the Board: Doyen. Ayes:- Mr. Gillispie, Mr. Bergen, Mr. HulSe,' 'PUBLIC HEARING~.Appeal No. 991 - 8:30 P~M.'i~'S%"Tj),i Upon application of:Walter ~hl, a/c Henry J. Schuler, peConic Bay Blvd., Laurel, New York, for' a variance' in. accordance Wi~h the Zon~-~g Ordinance, Article III, Section 307, for permi~ssion to reduce the side yard area. Location of property: south side pec°nic Bay B~vd., Laurel, New York, bounded north by'Peconic Bay Blvd., .eaSt' by D~ JJ Stack, southby Great' Peconic Bay,. west by M.B~ Pellmann, Fee l~id $5.00. BUILDINC~ DEPARTMENT TOWN OF $OUTHOLD SUF-~-OLK COUNTY, N. Y. CERTIFICATE OF OCCUPANCY ~O~STER POND~ BEST HO~4E" THiS CE~TIFIES that the bulkiing Ioceted et ]fl_~flfl (R/g,~)4~ln gnm~! Street, M~,p No. ---- , Block No -..~v , I.of No. -' ~ ~'~4 ~,~'4 ·; !i .¥. in the Town of Southok~, conforms subsfanfiefly to the approved plans end speClflcifiom heretofore fibd ~n this office wfth Appllc~fion for Building Permit detod ~,...~h=t. I 19~)., pursuant to which Building Perm;t No.~.~i.~.O-. dated ~,~, ~ 1 19 ~., wes issued, and conforms to ak of the require- ments of the eppficebb provisions of the law. The occupancy for which th;s c*~ificete Ts ~ssued h of the ofore~id building. I[OT~I Appl'oved b7 Bd-Appeals as NoC,ttse FOBM NO. 4 TOWI%I OF $OI~I'HOLD BI~LDINC- DEFARTM~NT Town Clerk's O~ice Southold, lq, ¥. Certificate Of Occupancy Date .............. ~.lalr.., .t0. .... ,19.~1. No. ~-~ g~ 6 ...... ... $/~.. ~ C~I~ ~at ~e b~l~g locat~ at ...... Map No.. ~ ........ BI~ No. ~ ...... ~t No...~ .-. G=~en:~ .~ *~ .......... co~o~ ~t~ti~y ~ the Application for B~g ~e~it heretofore ~ ~ ~ office dat~ ........... dat~ ............ :.~....$~, 19~.$., was ~u~, ~d ~o~ ~ ~ of ~e r~ menM of ~e applicable prov~o~ ~ ~ . ~,G ,. ~;~t.~.ple. l~s~dence-.-(- J,d~.t :~o~) ........................ ~e ce~ica~ ~ ~ ~ . Jo~ ~dde~ ~. ~obt. ~. ~adyS. ~ ..... ~nerS (o~er, lessee or ~n~t) of the ~or~d b~d~g. S~olk Cowry De~ent of Health Approv~ . ~.2 ........................... ~ouse ~ ~ // ~ .... TOWN Of SOUTHOLD BUILDING DLIPA~'TMEHT TOWN CI~RK'S SOUTHOLD, N, ¥* BUILDIHG PERMIT CI'I'US pERAAIT MUST BE KEPT OH THE PREMISES uIqTIL FULL CoMPLETIOfq Of: THE WORK AUTHORIZED) No. 5166 z per~lsslofl is hereby Omfltod to: ............. ~.,x~]...,Se~.r,d~:l~,.~,.....L~C..,~,,....B,d~n & G. ~,ma~ ........ .i~....~.t.t~td ~..&t, ................................. to ...... L~,,til~....a~-.a~ci$~;2~aa-o~" a~:"e~2'm t'imm~ ' sl~':l'~" ('l~'~"~t"&~) ..... ot prem{ses Iocoted ot ...............l{./.~-.~l'., lr~~ .......... '" .............. G~,i~l~. f .-t~ v ~i'&' ........................................................................... pursu~ni' to o~plicotion d~ted ................................ }.:-~T~h'""'"~'~'"" 19..~-., and approved by the Building Inspector. ....... /--,-r,r;---~uiiding tnsp~tor / TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR TOWN HiLL SOUTHOLD, NEW YORK CERTIFICATE OF OCCUPANCY NONCONFORMING PREMISES No. Zl1669 5/16/83 THIS IS TO CERTIFY that the I- 1 hand Ix/ Building(s) /-/ Use(s) located at 25500 Main Road Orient, N.Y. Street Hamlet shown on County tax map as District 1000, Section 018 , Block O6 Lot 010 , does~ot)conform to the present Building Zone Code of the Town of Southold mr the following reasons: use as an adult rest home was permitted under Board of Appeals, #990, tl/3/66. It is permitted un'er present zonin~ Chapter 100, Art. III, Sec. 1.00-30 B (4) however, sub-section (a) of this section requires that building setback be t00' from street line & 50' from any line. On the basis of information presented to the Building Inspector's Office, it has been determined that the above nonconforming /~/Land /X_--/ Building(s) /Z/Use(s) existed on the effective date the present Building Zone Code of the · .~To%vn of Southold, and may be continued pursuant to and subject to the appli- cable provisions of said Code. IT IS FURTHER CERTIFIED that, based upon information presented to the Building Inspector's' Office, the occupancy and use for which this Certifi- cate is issued is as follows: an adult rest home. The Certificate is issued to of the aforesaid building. GLADYS ZIMMERMANN (surviving tenant by (owner, lessee or tenant) the entirety) Suffolk County Department of Health Approval no record UNDER%~rRITERS CERTIFICATE NO. no record NOTICE IS HEREBY GIVEN that the~ owner of the above premises HiS NOT CONSENTED TO AN INSPECTION of the premises by the Building Inspec- tor to determine ff the premises comply with all applicable codes and ordin- ances, other than the Building Zone Code, and therefore, no such inspection has been conducted. This Certificate, therefore, does not, and is not intended to certify that the premises comply with all other applicable codes and regula- Building ~spector FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. Certificate Of Occupancy No .... .2;.1.3.1 ~1.0 ....... Date ...... .JAn. ,..4 .................... 19 · · Addition & Kitchen THIS C ERTIF lES that the building ...................... ,a.L, ~, ,e ,r ,a.~, L, 9 P .............. Location of Property .2.. ~.5 0..0: .M.a.~.n..Rqa. d. (3.9.-.3.o. 9) Orient House Ivo. Street Hamlet County Tax Map No. 1000 ~ection ...1.8. ....... Block ...6 ............ Lot ...... 1. .0 ......... Subdiv~on ............................... Filed Map No ......... Lot NoL . . conforms substantially to the Application for Building ?etmit heretofore filed in this office dated ...... .~.~y.. 3. .......... ! 98. 4. pursuant to which BuStling Permit No..1.3.1. 0. 5. .~ .............. dated ...... .~.ay..7. ................ l~.~., was issued, and conforms to aB of the requirements of the applicable provisiom of the law. The occupancy for which th~s certificate is issued is ......... · . an addition & kit;chert altera~.:Lon: ........................... The ce~ificate is ~Sued to Cur. t. is..A. & Nancy. E Norklun (Oysterponds Adult Home) x ' of the aforesaid building. N/A Suffolk County Department of Health Approval .................... . ' ............... .... . . UNDERWRITERS CERTIFICATE NO ........................ AH67~.6~.9.. . .. ..... .. ...... . PLUMBERS CERTIFICATION 12/11/84 Building Inspector 11:18 212-975-7996 CBS PRODUCTION PaGE NEW YORK STATE DEPARTMENT OF HEALTH OPERATING CERTIFICATE I do hereby certify that pur~nt to authorio~ conferred by law thb operating certificate has been issued on the ]st day of Nov~, 1998 MORDECHAI YARON JANET ISMOND to operate a to be known as PRIVATE PROPRIETARY ADULT HOME MAXIMUM CAPACITY: 19 RESIDENT~ · OYSTERPONDS MANOR tocated at 25-500 MAIN ROAD ORIENT, NEW YORK 11967 SUFFOLK COUNTY in accordance with the regulations promulgated and adopted by the Department of Health as the stm, ute provide . t~,ogranu authorized by thi~ operating .certificate: ADULTHOME ...... ~ ii-~-- ..... · · e-~trnUon Da~e: October 31, 2002 Numeric. Bureau of Lieensu~ and Certifieation Olge~ or ContinuinI Care Detmb P. Whhn NcwF. X~__ u~ De~ C~-m~--toner YorZ Stalel)qmrtm~tt or Huith ., /) EXHIBIT ] TOW~ OF 'SOUTHOLD ZONING BOARD OF APPEALS IN THE MATTER OF MAINTREE CORPORATION FOR APPROVAL TO CHANGE CLASSIFICATION OF NON-CONFORMING USE STATE OF NEW YORK: COUNTY OF SUFFOLK: LAURA ATKINS, SS. being duly sworn, deposes and says: Greenport, New York 11944. have lived in Greenport 1. I reside at 435 5th Street, I was born on December 3, 1944 and I since 1957. I make this affidavit of my own personal knowledge concerning the adult home that was called Oysterponds Manor at 25-500 Main Road, Orient, New York. 2. From March 1980 to August 1998, I worked at the Oysterponds Adult Residential Care Facility at 25-500 Main Road, Orient, New York. During the time I worked there I did all types of jobs both during the day and evening, but my main responsibility over the years was that of the night manager. My duties included making sure the residents were safely in bed and all their needs were satisfied for the night. In the morning I was responsible for getting the residents dressed and preparing breakfast. The other meals were prepared by a cook who was hired for that purpose. 3. I am thoroughly familiar with the building and its facilities. The building itself is a large three story wooden structure. During the time I worked there the main floor contained a large screened porch, a foyer, dining room, kitchen, large parlor, two bedrooms and two bathrooms as well as an elevator to the second floor. On the second floor there was seven bedrooms with three full bathrooms and three one-half EXHIBIT bathrooms with a shared shower room. There was a third floor which was used for storage and an office. After Janet Ismond and Mordechai Yaron took over in the mid 1980's, the third floor was converted to an apartment for the owner to live. 4. The adult home itself had beds for 19 residents. They were served three meals a day, seven days a week, year round as well as a snack in the evening. The residents who resided there needed mainly custodial care due to their age and infirmities. During the day there were three to five staff members on the premises doing various jobs. 5. During the time I worked at the adult home, there were several owners. When I first started it was owned by Gladys Zimmerman who then sold it to Curtis and Nancy Norkelun. It was the Norkeluns sometime in the 1980's that modernized the kitchen and added a new addition. The Norkeluns sold it a couple of years later to Janet Ismond and Mordechai Yaron who did some minor work including the third floor apartment. 6. During the day and especially on the weekends, there were always people coming and going to visit the residents. Frequently, their relatives and friends would come and take them out for a ride, do shopping or to go out for dinner or some other social function. It was a busy place with people coming and going. Laura Atkins Sworn to before me this /~ day offS, 2002 /~otary Public ~ Public. State Of New~ No. 01CO5792800 ~Jallfied in Suffolk Cou~t~ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765-1802 Approved ................. 19... Permit No ............ 3 SETS OF e t;i .................. SKI'TIC FORH O? l P¥ I CALL ...' ............... MAIL TO; Disapproved a/c " (Building Inspector) APPLICATION FOR BUILDING PERMIT INSTRUCTIONS a. Tiffs application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b, Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- cation. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, thc Building Inspector will issued a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the' Building Department for the issuance of a Building Permit pu~uant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. Maintree C.o.r p.o. r a t.i?.n. -- (Signature of applicant,'or name, if a corporation) 49 King Street, New York, ..NY. 10014: (M~illng address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. Naintree Corporation Name of owner of premises .......................................................................... (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. Builder's License No Plumber's License No Elcctrician's License No. ........ ............ .. Other Trade's License No. ......... ........... . Location of land on which proposed work will be done 25'500 Main Road Orient . . . .............. House Number Street Hamlet 18 Block 6 Lot 10 · St, bdivision Filed Map No .... Lot (Name) L State existi,~g use and occupancy of premises and intended usc and occupancy of proposed construction: ~ d Multiple residence (Adult Ho. me. - 19 residents)' a. n§usc an occupancy ........................... . .... Orient Inn (overnight guests) b Intended use and occupancy ................................. 3. Nature · ofwork.(check which, app~l¢): New Building .......... ^ddit ......... ^Iteration ...~. ..... Rep'-r ........ / · · ~ .; Remova'l~. ............. Demolition ............... Othe~ Work .............. ·" (Description) 4 Estimated Cost $10,000.00 . (to be paid on filing this application) .. r. esident .. cach Boor i~' floor - 1 5. If dwelling, number of dwelling units ............... ~umbcr of~,,e/~is§ units on · If garage, number of can ..... .~./A .......................................... ~tbb~:'" 7" If business, co..mmcrcial or mixed occupancy, specify nature and extent of each type of use 7. Dimenszons ol existing structures, if anv. Front 45_.+ feet Height ............... Number of Stories....c .h.r.ee. ................................ . . Dimensions or same struct'ur¢ with attcrations or additions: Front" ................ Depth H ................. Rear ............... 8 ................... eight ...................... Number of Stories ............ : ........ · Dimensions ofe~[ire new construction Front Rear Height Number of Stories .............................. Depth .............. 9. Sizeoflot: Front .... 2.11.'. . · .. ... Depth ...2.2.8.' ....... 10. DatcofPurchase 4/23/01 ............. Rear ...1.80' .......... .... ' ............... ' ......... Hame or Former Owner . .J.a.n.e.t..Y.a.r.o.n ....... I 1. Zone or use district in ~vbich prcmises are situated. R-80 ' '' ;; .......... ; ::' · 'Nd; '.'Ndd-'¢d~'fo'fnfih'~ ..... 12. Does proposed construction violate any zoning law, ominance or regulauon: e.:~%s.~,& .v. Rr.%gRRe..". .... 13. Will lot be rt.-faded .. No .......... x,.__ _, ,, - . '." '.; '; .. .... ... ............. wm exic~s~.t~l,o%l~e.~m£~vcd from premises: Ye= .No 14. ,,~unc o, *owner o! premuesqa.~n.c.r.e.e. ~.o.rpp.r.a.t.ipp. Address ~}.?~l~:]~0014~.Phone No ........... ,... amc o[~Architect (~t]:t.e.t.t~ A.. §.t.:.a.ng ........... Address $~9~b9~,..]~.:.l~§f.~e.C~hone No.6.3.1.-.~6)~-)~4 1.5. !rs chis property within 300 feet of a tidal wetland.9 *Yes ........ No. X · irt yes, Southold Town Trustees Permit mal; be required. ' ....... ... PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and. indicate all set-back dimensions from property lines. Give street and block ngmber or description according to deed, and show street names and indicate whether interior or comer lot. PROPOSED WORK: Construct a handicapped ramp - lac floor; renovate handicapped bathroom Co .ex%sting ISt floor bedroom; at~r existing: first floor bathroom to be handicapped accessible; and renovate bathroom' between bedrooms 2 'and 3' on' sicond floor. SEE ATTACHED: (1) Survey (April 17,'~001). (2) First floor existing floor plan with proposed handicapped ramp. (3) Alteration of fir'st floor bathroom. (4) Second floor existing floo{' plan. ' (5) Bathroom alteration - second floor. (6) Proposed Parking Plan. __ (7) New York State Department of Health Operating Certificate Number 700-F-266. STATE OF NEW YORK, COUNTY OF..s. S.S ..... .R.T.C..m>RO.. ,. . .F.'. . ............................. (Name of individual signing contract) above named. being duly swo?n, deposes and says that Iie is the applicant He is the Agent (Attorney) .... Lam'Contr-c;r, .............................................. agent, corporate officer, etc.) ~f said owner or owners, and is duly authorized to perform or have performed the'said work and to make and flit'this ~pplication; that ali statements contained in this application are true to the best of his 'knowledge and belief; and that the work will be performed in the manner set forth in thc application filed therewith· ~wom to before me this : . 2. Sth day of June ~ 20.02 ..... Suffolk ~ __ ' !otary Public ....................... , ...... ~..ount.~ /ff~~~ff_~ . . aam. ./_,z W/. . ."Z ..... ..: .... ..l~..__l~alme~Nl~ym Ric~rd F. Lark' (./' ..... ;~,. _~_ ' ~"''.'.'''. No 0t0N~lg0. aA~mllv .. tatggem,-e Ol appf~cant/ FORM NO. 3 NOTICE OF DISAPPROVAL DATE: June 27, 2002 TO: Maintree Corp. 25500 Main Road Orient, NY 11957 Please take notice that your application dated June 26, 2002 For permit for a change of use at Location of property: 25500 Main Road, Orient, NY County Tax Map No. 1000 - Section 18 Block6 Lot 10 Is returned herewith and disapproved on the following grounds: The proposed change of use from a nonconforming multiple residence adult home to a nonconforming inn is not permitted pursuant to Article III, Section 100-31, which states, "In the A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following:" An inn is not a permitted use. C) Furthermore, the change of use is not permitted pursuant to Article XXIV, Section 100-241, which states, "Except as provided hereina~er, nonconforming use of buildings or open land existing on the effective date of this chapter or authorized by a building permit issued prior thereto, regardless of change of title, possession of occupancy or fight thereof, may be continued indefinitely, except that such building or use: C. Shall not to another use without approval by the Board of Appeals and then only to a use which, in opinion of said board, is of the same or a more restrictive nature." Note~p'~'cant: Any change or devi.ation to the above referenced .a, pp. lication, following any ~/decisi°l ~ire flurther review bY the S°uth°ld T°wn Building Department CC: file, Z.B.A. Appeal Ye~ TO~ OP SO[flgUg~ Z0NIN~ ~OAeD 0~ ~PF, ALS' PJINo. Hon. In the Hatter of Maintree Corporation for Approval to Change Classification of Non-Conforming Use. VERIFIED PETITION LARK & F'OLT$ Anomeysfor Petitioner Office end Post O~ce Address, Tel~plmne 28785 MAIN ROAD--P.O. BOX 973 CUTCHOGUK, NY ! ! e3~-0973 (631) 734-6~07 To Signature (Rule 130-1.l-a) Attemey(s) f~ Service of a copy of the within At~omey(s) for Plea~ take notice that the within is a (ceded) tree copy of a duly entered in the office of the clerk of the within named court on that m~ order of which the within is a true copy will be presented for settlement ~o the HON. one of the judges of the within named court, at on at M Da~.~ To AUomey(s) for Yours, etc. LARK & FELTS O~w, and pOSt Offu:e Address 28785 MAIN ROAO--P,O. BOX 973 CUTCHOGUE, NY ! 19350973 STATE OF NEW YORK, COUNTY OF ss.: I, the undersigned, an auomey admiued to ; courts of New York State, [] ~mmm~ certify that thc within has been coihplr~t by me with the original and found to be a true and complete copy. · ' ' ' i[] ~m~t', smtethatlato mm~m the attorney(s) of record for in ~he within action; I have read the foregoing and know the contras d~mf: the same is true to my own knowladgn, except as to the matters therein alleged to be on information and belief, and as to those matters I believe it to be uae. The re. sun this verification is made by me and not by The grounds of my belief as to ail maltom not stated upon my own knowledge ~re as follows: I afl'gm that the foregoing statements are true. under the penalties of perjury. Dated: ...................... ~,'il;6 ~,;i'i~'i;';t~i~ ......................... STATE OF NEW YORK. COUNTY OF ss.: I, thc undemigned, being duly sworn, depose end say: I am [] ~ in the action: I have read the foregoing s~mmmand know the contents thereof; the same is true to my own knowledge, except i as to the msrtp~s therein stall to be alleged on information and belief, and as to those mailers I believe it to be rose. [] ~m the of a corporation and a pally in the within action; I have re. ad tbe foresoil~ ] and know the coments thermf; and the same is true to my ossa knowl~e, except as to the mattors therein stated to be alleged upon information and belief, and as to those matlers I belinv~ il Io be flue. 'rigs verification is made by me because the above party is a corporation and I am an officer thereof. The grounds of my belief as to all mauers not suited upon my own knowledge are as follows: Sworn to before me on STATE OF NEW YORK, COUNTY OF ss.: I, the undersigned, being sworn, say: I am not a party to the action, am over 18 years of age and reside at On I served the within i by mailing a copy to each of the folio~ing persons at the last known address set forth after each name below. ~ by delivering a uun copy of each personally to each person named below at the ~d,iress indicated. I knew each person served ~ to be the person mentioned and described in said papers as a party therein: iby Iransmitling acopy tothe followingpersuns by ,~ FAX at die telephone numhar set fo~hafiereach namebelow [] E-MAIL ~ a~ the E-Mail addreas set forlh alter each name below, which was designated by the attorney for such purpose, and by mailing a · copy lo the ~rla~ss set forth after each name. ~by dispatching a copy b!, overnight delivery to each of the following persons at the last known address set fo~ af~ each name : below. Sworn to before me on ~m mm mmm m ~ ~mmm ~,~m, FORM NO. 3 [5 NOTICE OF DISAPPROVAL DATE: June 27, 2002 TO: Maintree Corp. 25500 Main Road Orient, NY 11957 Please take notice that your application dated June 26, 2002 For permit for a change of use at Location of property: 25500 Main Road, Orient, NY County Tax Map No. 1000 - Section 18 Block6 Lot 10 Is returned herewith and disapproved on the following grounds: The proposed change of use from a nonconforming multiple residence adult home to a nonconforming inn is not permitted pursuant to Article III, Section 100-31, which states, "In the A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no b~uilding or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following:" An inn is not a permitted use. Furthermore, the change of use is not permitted pursuant to Article XXIV, Section 100-241, which states, "Except as provided hereinafter, nonconforming use of buildings or open land existing on the effective date of this chapter or authorized by a building permit issued prior thereto, regardless of change of title, possession of occupancy or right thereof, may be continued indefinitely, except that such building or use: C. Shall not to another use without approval by the Board of Appeals and then only to a use which, in opinion of said board, is of the same or a more restrictive nature." Note/tO~l~'cant: Any c. hange or deviation to the above referenced application, following any ~ decisio~ ~F~mre further review by the Southold Town Building Department. CC: file, Z.B.A. PROJECT DESCRIPTION ZBA APPLICATION Applicant(s): Maintree Corporation Districtl000, Section 18 ,Block 6 ,LotNos. 10 I. If building is existing and alterations/additions/renovations are proposed: A. Please give the dimensions and overall square footage of extensions beyond existing building: Dimensions/size: N/A Square footage: B. Please give dimensions and square footage of new proposed foundation areas which do not extend beyond the existing building: Dimensions/size: Iq/A Square footage: II. If land is vacant: Please give dimensions and overall square footage of new constmction: Dimensions/size: N/A Square footage: Height: III. Purpose and use of new constmction requested in this application: ~l~chaage.~ non-conforming use; add handicapped access and renovate bathrooms. IV. Additional infonnation about the surrounding contours or nearby buildings that relate to the difficulty in meeting the code requirement(s): V. Please submit seven photos/sets after staking comers of the proposed new construction. Construction is not commenced. Please note: Further changes, after submitting the above information, must be placed in writing and may require a new Notice of Disapproval to show changes to the initial plans. If additional time is needed, please contact our office, or please check with BuildingDepart- ment (765-1802) or Appeals Department (765-1809) if you are not sure. Thank you. Zba 6.02 FORM NO. 3 NOTICE OF DISAPPROVAL TO: Maintree Corp. 25500 Main Road Orient, NY 11957 Please take notice that your application dated June 26, 2002 For permit for a change of use at Location of property: 25500 Main Road, Orient, NY DATE: June 27, 2002 County Tax Map No. 1000 ~ Section 18 Block6 Lot 10 Is returned herewith and disapproved on the following grounds: The proposed change of use from a nonconforming multiple residence adult home to a nonconforming inn is not permitted pursuant to Article 1II, Section 100-31, which states, "In the A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following:" An inn is not a permitted use. Furthermore, the change of use is not permitted pursuant to Article XXIV, Section 100-241, which states, "Except as provided hereinafter, nonconforming use of buildings or open land existing on the effective date of this chapter or authorized by a building permit issued prior thereto, regardless of change of title, possession of occupancy or right thereof, may be continued indefinitely, except that such building or use: C. Shall not to another use without approval by the Board of Appeals and then only to a use which, in opinion of said board, is of the same or a more restrictive nature." Note to Applicant: Any change or deviation to the above referenced application, following any ZB/~io~ m~-Y~t~ire further review by the Southold Town Building Department. Authoiize//~,.' ~.~ature CC: file, Z.B.A. FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765-1802 Examined .............. '.., 19... Approved ................. 19.:. Permit No ............ Disapproved a/c ..................................... SETS OF PLANS ........ JRVEY ................. CIIEEK .................. SEPTIC FORH ............ CALL ................. MAIL TO: (Building Inspector) APPLICATION FOR BUILDING PERMIT INSTRUCTIONS a. Tiffs application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public stree or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appl cation. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such perm shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupant shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to th Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances c Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein describec The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and admit authorized inspectors on premises and in building for necessary inspections. Maintree Corporation --' (Signature of applicant,'or name, if a corporation) 49 King Street, .New York,. NY 100~& (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. Agent (Attorney) Maintree Corporation Name of ownerofpremises .................................................................. . ... (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. '" ' ~l~l~e'~ d tiff ffi~ '-- n e of corporate o er) .Builder's License No .......................... ' Plumber's License No ......................... E ecmc an s Lmense No ....................... Other Trade's License No ...................... 1. Location of land on which proposed work will be done .............................. '. 25'500 Main Road Orient Itouse Number Street Hamlet mock 6 )9 ' County Tax Map No. 1000 Section : .... Lot ..... Subdivision ..................................... Filed Map No ............... Lot ............... (Name) State existiug use and occupancy of premises and intended use and occupancy of proposed construction: a-~g~[~gUse and occupancy Multiple re. sidence (Adult Home - 19 residents) b. Intended use and occupancy Orient.. Inn.... (overnight guests). · [ion .......... Alteration ......... Repair .............. Removal .............. Demolition .............. Other Work .............. · (Description) 4 Estimated Cost $I0,000...00 . (to be paid on filing this application) resident ' $- Ifdwclling, number of dwelling units ............... Number of a~;;. m§ units on each floor floor- Ifg .N./A ~fl b~i7 ''' · arage, numberofcars ........ .. '. '-' 7 6. If business, commercihl or mixed occupancy, specify nature and extent of each type of use ........ ~.. 7. Dimensions of existing structures, if any. Front 45+ re.et Re.ne De. nth 502. ~ ...... three Height ............... Number o f Stories ......................................... ..... . .......... Dimensions of same struct'ure with alterations or additions: Front ................. Rear .................. Depth ...................... Height ...................... Number of Stories ............ : .......... 8. Dimensions of entire new construction: Front ............... Rear ............... Depth ............. .. Height ............... Number of Stories .............................. 9. Size of lot: Front 211' ......... Rear ... 1.80' 228' . 10. Date of Purchase'd/iJ/6i ...... .' · ................. Depth .................. .... , ........................ Name of Former Owner . fi..a, qe.t. '~a.r. on ..... ". ..... 11. Zone or use district in which premises are situated... .R-.8.0 ..... ~d; 12. Does proposed construction violate any zoning law, ;; ....... ; ............ ormnance or regulation: e.x.~,a.t.~,qg .va, rx.a,~ce. ............... 13. Will lot be regraded .... ...................... Will e .xhc~s~,.~nl~ b~[emeoved from premises: -Y-~s- .No 14. Name of Owner ofpremises1~.aJ-ntree Corporat.ipn Address ~/~a~ ~ ~oola r~hone No ..... Name of Contractor........... . :....Address Phone No [5. Is th±s property w±th.in 300 feet of a tidal wetland? ~¥es ........ No....X ..... · Wf yes, Southold Town Trustees Permit ma~; be required. · .-. PLOT DIAG RA3'I Locate clearly and distinctly all buildings, whether existing or proposed, and. indicate all set-back dimensions from property lines. Give street and block m/tuber or description according to deed, and show street names and indicate whether interior or comer lot. PROPOSED WORK: Construct a handicapped ramp - 1st floor; renovate handicapped bal~hroom to .ex~sting ~St floor bedroom; at,.er existing' £±rst floor bathroom to be hand~capped aCCess±hie; and renovate bathroom between bedrooms 2 and 3 or[ sccond floor. SEE ATTACHED: (1) Survey (April 17,'~001). (2) ~±rst floor ex'Istlng floor plan w±th proposed handicapped ramp. (3) Alteration of £±fst floor bathroom. (4) Second floor exist±rig £1oo~:'plam. (5) Bathroom alteration - second floor. (6) Proposed Park±rig Plan. __ (7) New York Stat~ Department of Health Operating Cert±£±cate Number 700-F-266. 7'ATE OF NEW YORK, )UNTy OF..S.U.F.F. qL.K. ........ $.S RICHARD F. LARK (Name of individual signing contract) being duly sworn, deposes and says that he is 'the applicant ore na~ed. :is the ........ Agent (Att.or.ney)... (Contractor, agent, corporate officer, etc.) said owner or owners, and is duly authorized to perform or have performed the'said work and to make and file this ~lication; that all statements contained in this application are truc to the best of his knowledge and belief; and that the rk wd] be performed in the manner set forth in the application flied therewith. om to before me this 25th . .day of Ju.ne ~-~ 2002 Suffolk ................... N~l~,~l~l~fN~ty~t c~ard F. Lark. ' ~ 'Si ...... 04/11/2002 11:18 212-975-7996 C~ ~ODUCTI~ PAGE 02/14 NEW YORK STATE DEPARTMENT OF HEALTH OPERATING CERTIFICATE I do hereby certify that pursuant to authority conferred by law thir operating certificate has been issued on the lst day. of November, 1998 to MORDECHAI YARON JANET ISMOND to operate a to be known as PRIVATE PROPRIETARY ADULT HOME MAXIMUM CAPACITY: 19 RESIDENTS . OYSTERPONDS MANOR Iocate~ at 25-500 MAIN ROAD ORIENT, NEW YORK 11D57 SUFFOLK COUNTY in accordance with the regulations promulgated and adopted by the Detn2nment of Health as the statute provide~. , ~eniftcate: ~ULT HOME Expiration Date: October3L 2002 Numbe~. 700-F-200 Programs authorized thi operating Brio oftkea '~ and Certification Oflle~ of Continuiag Cam rlt StaleDepartmeat or Health I I GARRIET~F A., ST~RANG architect 1230'Treve'ier Street Southold N Y. 11971 631 -765- 5455 TOWN OF SOUTHOLD PROPERTY RECORD CARD -~.../~ ~.~-,-'-.~,_ (q/)C STREET ~ ~ r.--6~ ,-. VIL~GE DIST, SUB. LOT BUILDING__ )~ , ,~ S W ~PEOF RES - .SEAS. VL. FARM Z~ MISC. Mkt. Value / Ti~e 1 Til~le 2 Tillable 3 ~ Swampland F~HTA~ ON~ Bru~land FRONTAGE ON ROAD : House Plot D[P~H ~ ~ ~ ~ ~ ~ , BU~KH~D ~otal D~K !RIM 18-6-10 02/02 '? Dinette ~ :~ Basement ~[ / Floors ~,~. K. Type Roof ~ ~ ~]r Roo~ tst Floor 5 BR. :Recreation Roo~ Rooms 2nd Floor ~ J FIN. B. .-~..~ ;'.,'ave!er rc o : .' LOCATION REVI'SE D DRAWING H9 I/~>, =. I'-o" RICHARD F. LARK MARY LOU FOLTS LARK & FOLTS Attorneys at Law 28785 MAIN ROAD - P. O. BOX 973 CUTCHOGUE, NEW YORK 11935-0973 Tele. No. (631) 734.-6807 Fax No. (631) 734-5651 July 12, 2002 Southold Town Board of Appeals Southold Town Hall 53095 Main Road Southold, New York 11971 Attn: Ms. Linda Kowalski RE: Maintree Corporation for Approval to Change Classification of Non-Conforming Use. SCTM #1000-18-6-10 Dear Ms. Kowalski: In connection with the above-captioned matter, I am enclosing the following: 1 The original and six copies of Petition of Maintree Corporation sworn to on July 11, 2002 together with Exhibits A through G. 2 Notice of Disapproval from the Building Department, dated 6/27/02. 3 Short Environmental Assessment form. 4 Z.B.A. Questionnaire. 5 Applicant Transactional Disclosure form. 6 Project description - ZBAApplication. 7. Petitioner's check, payable to Southold Town Clerk, in the amount of $400.00. If all is in order, kindly place this matter on the next available Board of Appeals agenda and notify me of the date and time. If you have any questions, do not hesitate to call. Very t~r~ly yours, ~Richard F.' t~rk RFL:eh Enclosures 617.21 Appendix C State Envlronment-,I Quellty Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION ('To be comloleted by APl~llcant or ProJeet 81~onsot) Ma~ntree Corporation Orient Inn 3. PROJECt LOCAllO~ ,. .., M#fll©l~allty Town of Southold - Caum~, Suffolk '25500 Main Road SCTM (/1000-18-6-10 Orient, NY 11957 To change non-conforming use as adult home to country inn.' Non-conforming WHAT IS PRE~ENT LANO USE IN VICINITY OF PROJECT? [] Park/Fo~esuO0~. so~¢~ [~ tO. OOF.~ ACTION INVOLVE A PF. RMIT APPROv'Af.. OR ~NOIN~ NOW OR ULTIMATELy FRO~ ANy OTHER G~ERNMENTAL AGEH~ STA~ OR LO'U? ~Ye' 0.o " Southold ~own Boar~ of ~ppealS Variance ~90; various certificates of occupancy - Operating Permit NYS Dept. of Health 700-F-266 CERTIFy THAT THE INFORMATION PROVIDED AOOVE IS TRUE TO THE BEST OF MY KNOWLEDGE ,~ame: Maintree Corporation 7/11/02 SI QUESTIONNAIRE FOR FILING WITa YOUR Z,B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial i~erest in the subject premises and a description of their i~te=ests: (Separate sheet may be attached.} Joan Turturro 25% Howard Leshaw 25% Karen Voss 50% B. Is the subject pr~m~ses liste~ on the real estate market for sale or being shown to prospective buyers? { } Yes { x} No. (If Yes, please attach copy of "conditions" of sale.) C. Are there any proposals to ch~-qe or alter land comtours? { } Yes, {x} No De 1. Are there any a~eas which con~{~ weel~nd grasses? No 2. Are the wetland areas shown on the' map submitted with this application? No 3. Is the property b,,lkheade~ between the wetlands a~ea and the ~Pland buil6{ng area? No 4. If your property ccnt~{m~ wetlands or pond areas, have you contacted the Office of the Tow~ Trustees for its determ~n~tidn of jurisdiction? No E. Is there a depression or sloping elev~ticn near the area of 'proposed Construction at or below five feet above mean sea level? No (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fences which exist and are not show~ on the survey map that you are sub~tt{ng? No If none exist, please state "none." G. Do you have any constructiantak~mg place at eh~ e~me concern/hq your pr-m!ses? No If yes, please Su~mit a cepF cf your buil6~g permit and map as approved bFthe Building Department. If none, please state. H. Do you or any co-owner n]~o own other land close to eh~ parcel? No If yes, please explain where or &-dbmit copies of deeds. I. Please list present use or operations conducted at ebbs parcel Approved for adult ho~e a~ld proposed use Countr~ Inn Joan Turturro, President - Matntree Corporation 3/87, 1~/9~Ik APPLICANT TRANSACTIONAL DISCLOSUR~ FORM The Town of Sogthold,s Code of Ethics prohibits conflicts of. interest on the part of town officers and employees. The purpose of this form is to provi~e, informa~ion which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAHE~ Maintree Corporation (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) NATURE OF APPLICATION: (Check all that apply.) Tax grievance variance Change of zone Approval of plat Exemption from plat or official map Other (If "Other,,, name the activity.) Approval of non-conformin~ use. Do you personally (or through your company, Spouse, sibling, parent, or child) have a relationship with any office~ or employee of the Town of Southold? 'Relationship- includes by blood, marriage, or business interest. 'Business interest, means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by} a corporation in which the town officer or employee owns more than 5% of the YES NO X If you answered "YES,". complete the balance of this form and date and s~gn where indicated. Name of person employed by the Town of Southold Title o.r position of that person Describe the relationship between yourself (the applicant) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply), __A) the owner of greater than 5% of the shares of the corporate stock of the applicant (When the applicant is a corporation); __B) the legal or beneficial owner of any interest in a noncorporate entity (when the applicant i~s not a corporation); · C) an officer, director, partner, oc employee of the applicant~ or __.D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this llthday of July Stgnature ~~,~4'~'~' J~n Turturro, President Print name Maintree Cor~orati0n 2002 J~sTOWn Of Southold P.O Box 1179 outhold, NY 11971 * * * RECEIPT * * * Date: 07/18/02 Transaction(s): Application Fees Receipt~: 1281 Subtotal $4O0.OO Check#: 1281 Total Paid: $400.00 Name: Orient, Inn 25500 Main Rd. Orient, NY 11957 Clerk ID: LINDAC Internal ID: 59916 RICHARD F, LARK MARY LOU FOLTS LARK & FOLTS Attorneys at Law 28785 MAIN ROAD - P. O. BOX 973 CUTCHOGUE, NEW YORK 11935-0973 Tele. No. (631) 734-6807 Fax No. (631) 734-5651 October 16, 2002 Mrs. Linda Kowalski Southold Town Board of Appeals 53095 Main Road P. O. Box 1179 Southold, New York 11971-0959 RE: Maintree Corporation Appeal No. 5193 Dear Mrs. Kowalski: In connection with the above-captioned matter, I am enclosing the green signature cards which I received back from the certified mailings. Very ~r%ly yours, R~chard Fi La~ RFL/bd Enclosure APPEAL NO. 5193 ~ ~NTREE CORPOP. ATION 1000-018.00-03.00-013.000 1000-018.00-03.00-014.000 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the maiipiece, or on the front if space permits. 1. Article Addressed to: Richard E. Keogh & Carole K. Mullane P. O. Box 146 Orient, NY 11957 X [] Agent [] Addressee C. Date of D D. Is delivery address different from item l ? r-lyes if YES, enter delivery address betow: [] No 3. Service Type r~ Certified Mail [] Express Mail [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D, 4. Restricted Delivery? (Extra Fee) [] Yes 2. Article Number 7000 1670 0001 0371 5695 (Transfer from service ~abel) PS Form 3811, August 2001 Domestic Return Receipt 102595-02-M-1540 1000-018.00-06.00- 011. 000 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Ii,tint your name and address on the reverse ~b that we can return the card to you. · ,~ttach this card to the back of the mailpiece, ~ron the front if space permits. 1. Article Addressed to: ~obert Christopher Wenger '.~17 Third Street ~rooklyn, NY 11215 A. Received by (Please Print Clearly) B. Date of Delivery delivery address ¢ If YES, enter delive~ [] Agent [] Addressee DYes 3. Service Type [~ Certified Mail [] [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. Restricted Delivery? (Extra Fee) [] Yes 2. Article Numpe~ (Copy from service label) 7000 1670 0001 0371 5718 ps Form 3811, July 1999 Domestic Return Receipt 102595-00-M-0952 Page 1 of 2 APPEAL NO. 5193 i [NTREE CORPOPJtTION 1000-018.00-06.00-014.005 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Pdnt your name and address on the reverse so that we can return the card to you, · Attach this card to the back of the .r~ piece or on the front f space permits. ; 1. A~icle Addressed to: Edward W. & Daniel T. Latham ain Road rient[ NY 11957 B. Received by ( Pdnted Name) [] Agent Addressee Date of Delivery D. Is delivery address different from item 1 ? If YES, enter delivery address below: [] NO 3. Service Type tX] Certified Mail r-I Express Mail [] Registered [] Return Receipt for Merchandise [] insured Mail [] C,O.D. 4. Restricted Delivery? (Extra Fee) [] Yes 2. Ar~ic~Nurnber 7000 1670 0001 0371 5688 (Transfer from service label) PS Form 3811, August 2001 Domestic Return Receipt102595-02-M.1540 Page 2 of 2 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of MAINTREE CORPORATION (Name of Applicant) AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign upon Applicant's Land Identified as 1000- t8 6 to COUNTY OF SUFFOLK) STATE OF NEW YORK) RICHARD F. LARK residing at 550 Birch Lane, Cutchogue , New York, being duly sworn, depose and say that: On the 3rd day of October ,2002, I personally placed the Town's official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten (10) feet or closer from the street or right~of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance;* and that I hereby confirm that the Poster has remained in place for seven days which h ' g. ate.~s sh~n. to be prior to the date of the subject hearing date, ~.~qg~d~ Rfcnar~ F. Lar~ SwOrn to before me this lCth day of 0ctoher, 2002. (Notary Public) No 01DI4635190. *near the entrance or driveway entrance of my property, as the area most visible to passersby. ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of MAINTREE CORPORATION (Name of Applicants) CTM Parcel #1000- 18 AFFIDAVIT OF MAILINGS COUNTY OF SUFFOLK) STATE OF NEW YORK) BARBARA DIACRUN residing at 875 School House Road, Cutchogue , New York, being duly sworn, depose and say that: On the 4th day of October , 2002, I personally mailed at the United States Post Office in Cutchosue , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the (x) Assessors, or ( ) County Real Property Office , for every property which abuts and is across a public or private street, or vehicular right-of- way of record, surrounding the applicant's properly. (Signature) Barbara Diachun Sworn to before me this · 9th day of October ,200 2 (Notary Public) . ~~ PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, OCTOBER 17, 2002 PUBLIC HEARING NOTICE is HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter t00 (Zoning), Code of the Town of Southold, the following public hearing will be held before the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971, on Thursda¥~ October 17~ 2002, at the time noted below (or as soon thereafter as possible): 8:00 pm Appl. No. 5193 - MAINTREE CORPORATION. This is a request for a determination authorizing a change of use from an 'adult residence' home to a 'tourist' home for overnight guests (sometimes referred to as a country inn) for under Sections 100-31 and 100-241, based on the Building Department's June 27, 2002 Notice of Disapproval. A prior variance (#990) granted a change of use from multiple residence to an adult rest home in 1966. Location of Property: 25500 Main Road,~; Parcel 18-6-10. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular Town Hall business days from (8:00 a.m. to 3:00 p.m.). If you have questions, please do not hesitate to call (631) 765-1809. Dated: September 25, 2002. Southold Town Board of Appeals 53095 Main Road P.O. Box 1179 Southold, NY 1t971-0959 (tel. 631-765-1809) APPEAL NO. 5193 - MAINTREE CORPORATION 1000-018.00-03.00-013.000 Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Deliven/Fee (Endorsement Required) Total Postage & Fs®s 1000-018.00-03.00-014.000 Postage O · 37 ~ Total Postage & Fees $ 4.42 sontw Richard E. Keogh & Carole K. Mullane Street, ApL No/orPO BOX No P. O. Box 146 Ci~ S~Ie, ZIP+4 Orlent NY 11957 1000-018 · 00-06 · 00-011 . 000 R o ~st~her Wenger ~ ~.~.~.~ Third Street Page 1 of 2 APPEAL NO. 5193 MAINTREE CORPORATION 1000-018.00-06.00-014.005 0.~7 2.~0 1,75 $ 4.42 Sent To Edward W. & Daniel T. Latham Street, Apt No, or PO Box No. NY 1195 Page 2 of 2 RICHARD F. LARK MARY LOU FOLTS LARK & FOLTS Attorneys at Law 28785 MAIN ROAD - P. O. BOX 973 C UTCHOGUE, NEW YORK 11935-0973 Tele. No. (631) 734-6807 Fax No. (631) 734-5651 October 9, 2002 Mrs. Linda Kowalski Southold Town Board of Appeals 53095 Main Road P. O. Box 1179 Southold, New York 11971-0959 RE: Dear Mrs. Maintree Corporation Appeal No. 5193 Kowalski: Pursuant to your letter dated September 25, 2002 in connection with the above-captioned matter, I am enclosing the Affidavits of Sign Posting and Mailings. RFL/bd Enclosure Very ~z~ly yours, ~Richard F.~ Cark of Mattituck, in said ;r~[~Ptc4.~:2848.~P'6Y'~I>ri~'Or;*at; at Mattituck, in the Town of LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, OCTOBER 17, 2002 PUBLIC HEARING NOTICE is HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following public hearing will be held before the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971, on Thursday~ October 17, 2002, at the time noted below (or as soon thereafter as possible): 8:00 pm Appl. No. 5193 - MAINTREE CORPORATION. This is a request for a determination authorizing a change of use from an 'adult residence' home to a 'tourist' home for overnight guests (sometimes referred to as a country inn) for under Sections 100-31 and 100-241, based on the Building Department's June 27, 2002 Notice of Disapproval. A prior variance (#990) granted a change of use from multiple residence to an adult rest home in 1966. Location of Property: 25500 Main Road,~; Parcel 18-6-10. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular Town Hall business days from (8:00 a.m. to 3:00 p.m.). If you have questions, please do not hesitate to call (631) 765-1809. Dated: September 25, 2002. Southold Town Board of Appeals 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 (tel. 631-765-1809) (631)765-1809 OFFICE OF ZONING BOARD OF APPEALS '~ 53095 Main Road ~ P.O. Box 1179 Southold, NY 11971-0959 Email: Linda. Kowalski~Town. Southold.ny.us or Paula. Quintieri~Town. Southold.ny.us fax (631) 765-1823 or 9064 September 25, 2002 Re: Chapter 58 - Public Notice for Thursday, October 17, 2002 Headng Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Suffolk Times. 1) Pursuant to Chapter 58 of the Southold Town Code (copy enclosed), formal notice of your application and headng must be now mailed with a map or sketch showing the construction area or variance being considered. Send the enclosed Notice CERTIFIED MAIL, RETURN RECEIPT REQUESTED, with a copy of your survey or filed site map, showing the new construction area, or map with details of your request, by Monday, October 7t' to all owners of land (vacant or improved) surrounding yours, including land across any street or right-of-way that borders your property. Use the current addresses shown on the assessment rolls maintained by the Town Assessors' Office (765-1937) or the County Real Property Office in Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. 2) When picking up the sign, a $30 check, as a returnable deposit, will be requested for each poster with metal stand (or $15 for poster only). Please post the Town's official completed poster no later than Thursday, October 10th. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. (If you border more than one street or roadway, an extra sign is available for the additional front yard.) The sign(s) must remain in place for at least seven (7) days, and should remain posted through the day of the hearing. If you need a replacement poster board, please contact us. 3) By October 10th, please either mail or deliver to our office your Affidavit of Mailin,q (form enclosed) with parcel numbers noted for each, and return it with the white receipts postmarked by the Post Office. (Also, when the green signature cards are returned to you by the Post Office, please mail or deliver them to us before the scheduled hearing, if possible.) If any signature card is not returned, please advise the Board at the hearing and return it when available. These will be kept in the permanent record as proof of all Notices. 4) By October 17th, after the signs have been in place for seven (7) days, please submit your signed Affidavit of Postin.q to our office. If you do not meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. Very truly yours, Enclosures Zoning Appeals Board and Staff P.S. Please be sure to pick up the poster between September 25~ and Oct. 9~, between 8-f2, or f:30- 3:00. Thank you. FOR OFFICIAL USE ONLY CHECKLIST FOR NEW PROJECTS ~L^BEL ASSESSORS CARD (7 COPIES) CTY. TAX MAP (7 COPIES + 1) INDEX CARD (ATTACH OLD) LIST ALPHA BOOK RESEARCH ALPHA COPY PRIORS SIX COPIES IAPPL # .'5"/~,~ INAME /"J~Z'Z~'X/-/~.~Z., ]CTM# ' /,~-~ -(/'I'") ITOWN I I [INSPECTION PACKETS COMPLETE [REF: UPDATED NEW INFORMATION / RESOLVED Jehn~. Clarke, a/c Hat, r 'Cove, ~nc. ~ V. anston Road, Nassau Point, Cut~e~ New York~e denied permission to reduce the ~ont ~rd se~a~n pro~y ~ted on ~e sou~ side of Sailors ~e~u Poi~ C~hog~, N~ York, as applied for on ~e a~~application~ ---~- ~ted Nov~er 1, 196~wn on~~ap by Otto Van ~yl & Son, map Vote of the B~~ ~ispie, ~. Bergen, Hulse, ~. ~ ~LIC ~G: ~Dpeal No. 990 - 8:15 P.M.~,'S.T.), Upon application of S~ley'Co~in, Esq., 114 ~in S~eet, Greenport, New York, a/c John M. Rodden and Wife ~d Robert~Z~e~ and Wife, for a special ~ception in acc0rSance wi~ ~e Zon~g Ord~ce, ~icle X, Section 1007, S~bsection .~)~ for. pe~ission to ~ange ~e classification of a non-confo~g multiple resi4e~e. ~ ~cation of property: sou~ side ~in Road, Orient, N~ York, bounded north by ~in Road, e~t by'Fra~' J. Miller, sou~ by H.M2 De,rest & S~s, west by ~i~ate Road. Fee paid $5.00. ~e~ ~ai~ opened ~e h~ring bY reading ~e application for a special exception, legal notice of he~g, affi~vit attest~g to its p$1ication in ~e official newspaper, and notiCe to ~e THE CHAIRMP=N: In our'~.oning Ordinance there is no specific ~ criteria set up determining which use is~higher or l~wer, Or if y~u want' to use ~e ~ord res~ictive orless res~ictiVe· ~ any o~em use. ~e reason, I understand. ~is application is here, is for ~is Board to det~lne~ ~d one of ~e functions of't~is Board is to ~terpret ~e provisions of'~e Zoning Or~in~cel As I ' recall, all ~e Zoni~ Ordin~ce says ~out ~is ~g iS whe~er a use. is higher or l~er or ~e s~e. It doesn't tell yo~h~ to tell whe~er a use is higher or l~er. ~ ~e~ past we have been guided by what little we kn~ ourselves, and ~e New 'York State ~w Which iS very restrictive on ~y mu!tiple residence, which ~e build~g inspector is pretty f~iliar with. ~ As I unders~nd our Zoning ~rdinance, if this was changed to a s~ilar non-confo~ing ~se ~ere would be no need to come in here. ~ey would just get a certificate of occupancy. ~o is to dete~ine what is ~ exactly s~ilar use unless it is ~is Board ~ ~at is why we are here. : s0~thold Town Board of Appeals -10- November 17, 1966 T~E CHAIRMAN: At this time is there anyone present who wishes to speak in favor of this application? STANLEY COR~IN, ESQo: Mr. Chairman, I subscribe in general to the substance of your remarks. I think you have explained as adequately and completely as anyone can the reason why we are here tonight. We have a situation where we are making a change only in a sense. I think t]iis Board can act administratively in this matter if they will search out the people who are here tonight and who can supply the answers as to the use that is to be made of the premises, and to compare it with the use that is presently being made and for which it is registered as a non-conforming use. And there are people here who are the prospective purchasers of this property under an existing contract of sale. They can, I. am sure, satisfy you with rgspect to what is intended to be done here. I would l~m~to call your attention that under the provisions of 801 C (c), you have right.in authorizing the change in this type of permissive use to impose such conditions and safeguards that may be deemed appropriate or necessary. As far as any reasonable such conditions, we would have no objection to. Let me suggest preliminarily to you, we don't have any thought to go through for the record the determinations that you have to make under sub-paragraph la with respect to adjacent property. I would like to assume we can regard these as capable of all being. answered in the proper way. However, if you.have any questions, whether or not the proposed use will affect anyone of these determin- ations, you are required to ma~_e, such as the health, Welfare, comfort,and convenience and order of the Town may be adversely affected. We would be glad to give you our views on these questions. We think too, with respect to sub-paragraph B, where you. are required to take into consideration some 12 ~ifferent aspects, all of these can be answered in a way that would make it possible to grant this application without any restrictions or conditions at all. The Board recognizes, and we recognize, once ~ou grant this typeof application it runs with the land and that'~t~e~wners have nothing to do with it. At least as far as the fo~seeabl~-~uture is concerned we have the people who are the prospective buyers. With respect to what happens beyond their use, I can only suggest to you if the proposed use is permitted that it is of suck a nature and great degree of public interest that the requirements of the New York State Department of Health and other administrative and executive bodies, would almost mean that the operation conducted-will not be detrimental to.the Town of Southold. With these prepatery remarks, I would like to introduce to you Mr. Redden, Mrs. ~immerman, M~s. Redden, then Mr.- Zimmerman on the end, who are the buyers of the p~operty, and who are f~miliar with the type of operation to be conducted. Mr. Redden will be the spokesman for the group. Southold TOWn Board of Appeals -11. November 17, 1966 THE CHAIRMAN: I think before I ask to hear from Mr. Rodden, I would like to ask the Building Inspector, who is in charge of enforceing the New York State Law, whether or not in his opinion the proposed modifications, whether or not the result will conform with the New York State Law. H(N~ARD TERRY, Building Inspector: Yes. They will have to comply or they will not ~et a certificate or,occupancy. I have ~ given them a letter on what has to be done. So far, everything is pretty well understood. STANELY~CORWIN, ES~.': That's only the begin/ling of o~r troubles too. In this respect we are dealing with the enforcing officier of the Multiple Residence Law, and this has to do with safet~m~tters and things like that. In addition to that we also ha~e other administrl~h~ve bodies,to impose other hardships upon use. We are willing to meet them all. THE CHAIRMAN: Other administrative bodies. What others? MR. RO~DEN: The New York State Department of Social Welfare. The regional office is located in New York. We had occassion before we went into this situatinn to make application to the New York'State Regional Office. We had an inspector representing the regional director Out to the Oyster Pond Inn. This regional inspector went through the home, inspected it very carefully, and told' us that we would need complete compliance with whatever their directinns were. Also we had to comply with the directions of the Town of Southold. THE CHAIRb~N: What about the'County Board of'Health? Do you get involved ~ith them too? -' MR. RODDEN: Yes, we are indirectly involved With them. We have to have our cesspools and water supplycheckedout very throughly. Whatever we have been directedto cemply with, and in order to make changes and in order to compl~ with State and local authorities, as Mr. Corwin stated we are completelywilling to along with it. All of Mr. Terry's requirements will be compliea with in a short period of time.. In order for the State authorize us to go along with eur changes we'must first have a certificate of ~ccupancy from his office. THE CHAIRMAN: Have you had experience in operating a rest home. MR. RODDEN: Yes. Mrs. Rodden and I are presently partners in a Nursing Home. Mrs. Zimmerman and Mrs. Rodden are involved in a rest home. I have also an association with a rest ~home. Southold T~wn Board qf Appeals -12- November 17, 1966 THE CHAIRMAN: Do you propose to concentrate !7our efforts in this area? MR. RODDEN: Mrs. Zimmerman and Mrs. Rodden will be functioning down here. THE CHAIRMAN: Mrs. Zimmerman and Mrs. Rod4en? MR. RODI~EN: Yes. MR. HOLSE: What will yourcapacity be? MR. ROD~EN: Seventeen guest. There are no patients. Under no circumstance ~o we offer any services to the guest-other than custodial care, room and board. Under no circumstance are we permitted.by t~e New York-State'Department of Social Welfare Law to have any person in our home who is considered, or would be considered a patient. These people who occup~¥ the home have full facilities of thinking and capability of functioning as individuals. Th~? only thing is they are elderly. THECHAIRFa%N: What is meant by custodial care? MR. RO]~DEN: The way the New York'S. tate Social Welfare describes a rest home type of case, or a person who is to be offered custodial care~ is a person who needs guidance in bathing facilities, proper controll of diet. We make sure they eat three meals a day. They have room and board. THE CPL~J/~%N: Are they required to do any chores? FiR. R(~DDEN: No. They have a min/m~mr~l-assistance in dressing, and attendance du~ing the night ho~s~ and observation oft heir personal welfare. They have all authority by law to go and come as they please. THW. CHAIRMAN: There are no restrictions on personal movement? MRS' R~EN: No, sir, none at all% Guest at our other hemes go to town, go out to the movies by themselves. They can attend any function they wish to attend w~hout-us~avi~g any authority to controll them. However, we do one thimg. We request our guests that they inform us where they wall go. We are responsible to our law, ourselves and to the people. Southold Town Board of Appeals -13- November 17, 1966 STAN~EY'COR~qIN, ES(}.: It was that aspect of this application Mr. Chairman, and Gentlemen, that prompted me to say during my preliminary remarks, so far as interpretation of reclassification is concerned it is more a matter of substance because essentially the operation is one that could be conducted if the property were to be sold and the classification continued as it is, without getting into the problem of which is higher or lower. Bear this in mind, that if the present owner sold the property to me and I just conducted anouther tourist home, it would still be permitted under your Ordinance, but this thing is obviously going to be % higher by reasons which Mr. Redden has indicated. MRS. MT~.T. WR: We own the property'to the east. I would 1/ke to know if the prospective buyers are aware that there are three lively, healthly, ~ermal, noisey childre~ next door and justhow much this will affect thm~ rest home. MRj REDDEN: We have had other homes where there has been a whole street full of children. A group of children built a treeshouse about 40 feet from our present home. I guest you can imagine how ei~h~ or nine children during the course of a summer day can be active and loud. This does not bother our guests. May I say one thing Mrs. Miller. Too many people think elderly people should be put in a c~ssification of untouchables. This is wrong. MRS. MILLER: You imply that the people need rest. MR. REDDEN: We use the word guest. We h~e no patients. These people-are just'as happ~' alive, and functioning as you and I may be. There are no restrictions on children. The people love the children. TF~E CHAIRMAN: Is there anyone presentwho wishes to speak against this application? (There was no response.) THE CHAIRMAN: Are there any other questions Board? from men%bets of the (There was no response.) Southold Town Board~Appeals -14- November i7, 1966 (MR. Ernest Radford submitted the following letter to the Board: Letter was read later in hearing.) THE (~%IRMAN: Do any of your guest have their own automobiles? MR. RODDEN: Ail of the patients in the nursing home and guest in the rest home, none of them c~n vehicles. THE'CHA/_RMAN: How do they go to the Village. MR. RODDEN: We will bring them to town. We must~provide for services to all denomination of churches, we must provide visits to the village. .Me must provide visitations to any place theywish to go to ~ if they ~ave no family or relation to bring them. We are committed to bring them to that area. THE CHALgFa~: How many vehicles do you require for this chore~ MR. RODDEN: I have a. little bus. We find that no more than four people at any time requiring to be going out all at one time. We have the means to take them out. THE'CHAIRMAN: Is this identified with local hospital or medicare? MR. RODDEN: No it is not. T~E~: It doesn't involve the welfare depa~t? MR. RODDEN: It is possible that welfare would be involved. Relative to medicare or medicade there is no assoc~tion between that and our type of business. THE CHAIRMAN: Have you talked to any of the local doctors that might be available? MR. RODDEN: We can't do that yet. TF~ CHAIRMAN: Are there anyother questions? (There was no response. ) Sou~hold Town Board of Appeals -15- November 17, 1966 The Chairman read the following letter: "November 16, 1966, SoutholdTown Zoning Board, Southold, New York. "Gent 1 emen; "Please be advised that we the undersigned, all residents in the immediate vicinity of the Oysterponds Inn, have no objections whatsoever tO the establishingof a Rest~ome in said building. "In Our opinion a ~est Home would be far superior to merely a change of management at the Inn. "While Mr. and Fars. Blauvelt mainta/ned a verydignified business which was an asset to the community, we might not he so fortunate a second time. "Aside from this apprehension on our part, there is a dire need of a Rest Home in this vicinity as you well know. A ~est Home would afford the people of the surrounding area a very essential serVice especial~since the North Road Rest Home closed i~s doors some time ago. The patients had to be transferred t o Shel~r Island and points far west. "Thanking you for your indulgence. "Very truly yours, /s/ Mr. & Mrs. Edgar A. Brown; /S/ Florence M. Keogh; /S/ Mr. & Mrs. John S. Gilbert~ /s/ Mr. & Mrs. John M. Appelt; /s/ Mr. & Mrs. Henry P__. Meyer." After investigation and inspection the Board finds that the appellant requests permission to change the classification of a non-conforming multiple residence. The Board finds that the premises in question are presently known as the Oys~erponds Inn, a non-conforming tourist home use in a residential district; a use which existed prior to the passage of the Zoning ordinance in 1957. The proposed new use of the premises is for an adult rest home. The building in question contains twelve rooms, two hails, pantry, four bathrooms, two lavatoriesw attic andfull cellar , with a detached garage, all on a plot comprising about one acre. The Board determines that such a use of the premises is considerably more restrictive under State Law than the operation of a ToUrist Home, and that the new use must conform to the New York State Multiple Residence Law and comes withing the jurisdiction of the New York State Department of Social Welfare. The Board determines Southold Town Beard of Appeals -16- November 17, 1985 further that the proposed use of the premises for an adult rest home is of the same or higher classification compared to the present use as a tourist home. Those who are guest at this adult rest home will require only custodial care, no patient care. There is no restriction of personal freedom. Necessary transportation will be furnished by the management or relatives and friends of the guests. The Board finds that there will be no infringement of the. twelve clauses noted under Article VIII, Section 80lO'la, 'and foresees no need for restrictions or safeguards in connection therewith. The Board is of the opinion that the proposed use wiL~ provide a much needed facility for the Town of Southold. The Board finds that the public convenience and welfare and justice will be served and the legally established or permitted use of neighborhood property and adjoining use districts will not be permanently or substantially injured and the spirit of the ordinance will be observed. On motion by Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED that StanleyCorwin, Esq., 114 Main Street, Greenport New York, a/c John M. Rodden and Wife, and Robert Z/mmerman and Wife, be granted permission to change the classification of a non-conforming multiple residence on property located on south side Main Road, New York, as applied for on the application to the Board of Appeals, application dated November 3, 1966. Uote of the Board: Mr. Deyen. Ayes:- Mr. Gillispie, Mr. Bergen, Mr. HulSe,' -PUBLIC HEAR/~G'-Appeal No. 991 - 8:30 p.M. ~'S~T~),i Upon application of~Walter Uhl~ a/c Henry J. Schuler, Peconic Bay Blvd., Laurel, New York, for'a variance in accordance with the Zoning Ordinance~ Article III, Section 307, for pez~niSsion to reduce the side yard area. Location of property: south side peconic Bay ~Vd., Laurel, New York, bounded north by Peco~ic Bay Blvd., ,east.by D,J~ Stack, southby Great' Peconic Bay, west by M.'Be Pellmann, Fee l~id $5.00.