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Southold Town Board of Appeals
MAIN Rr'IAD- STATlc' RI3AD 2,5 ~rlUTHEiLD, L.I., N.Y. 11g'71
TELEPHONE (516) 766-1809
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 3568
Application Dated 0ct0ber ]4, ]986
TO: Mr. and Mrs. 5tamati0$ RaDanaki$
P.O. Box 1220
Southold, NY 11971
[Appellant(s)]
At a Meeting of the Zoning Board of Appeals held on December Il, ]986,
the above appeal was considered, and the action indicated below was taken
on your [ ] Request for Variance Due to Lack of Access to Property
New York Town Law, Section 280-a
[×] Request for Special Exception under the Zoning Ordinance
Article III , Section ]00-30(8)[]5]
[ ] Request for Variance to the Zoning Ordinance
Article , Section
[ ] Request for
Application of STAMATIOS AND ALENI RAPANAKIS for a Special Exception
to the Zoning Ordinance, to establish one accessory apartment in the
existing dwelling structure in accordance with the requirements of
Article III, Section lO0-30(B), subsection [15]. Location of Property:
2030 Boisseau Avenue, Southold, NY; County Tax Map District 1000,
Section 55, Block 6, Lot 40.
WHEREAS, a public hearing was held and concluded November 20,
1986 in the Matter of the Application of STAMATIOS AND ALENI RAPANAKIS
under Application No. 3568; and
WHEREAS, at said hearing all those who desired to be heard
were heard and their testimony recorded; and
WHEREAS, the board has carefully considered all testimony and
documentation submitted concerning this application; and
WHEREAS, the board members have personally viewed and are
familiar with the premises in question, its present zoning, and
the surrounding areas; and
WHEREAS, the board made the following findings of fact:
1. By this application, applicants request a Special Exception
to the Zoning Ordinance, Article III, Section lO0-30(B), subsection
[15] for permission to create an accessory apartment in an existing
principal dwelling structure in accordance with the requirements
therein.
2. No additions to the existing structure are proposed or
considered under this application for an accessory apartment.
3. The premises in question is located in the "A" Residential
and Agricultural Zoning District, containing a lot area of 35,688.71± sq.
ft. with frontage along Boisseau Avenue of 183.05 feet, and is improved
with the following structures: (a) two-and-one-half story frame house
set back 35 feet from the front property line and 44 feet from the
most northerly line [exclusive of right-of-way]; (b) accessory garage
(CONTINUED ON PAGE TWO)
DATED: December lt, 1986.
Form ZB4 (rev. 12/81)
CHAIRMAN, SOUTHOLD TOWN ZONING BOARD
OF APPEALS
Page 2 - Appl. No. 3568-SE
Matter of STAMATIOS & ALENI RAPANAKIS
Decision Rendered December ll, 1986
structure in the rearyard area, (c) accessory barn structure at the
most northeast corner of the property, all as shown by survey dated
June 25, 1985, prepared by Roderick VanTuyl, P.C. The subject
premises is identified on the Suffolk County Tax Maps as District
1000, Section 055, Block 6, Lot 40.
4. The present dwelling contains an area of 1778 sq. ft.
on the first fl~oor and 1192 sq. ft. on the second floor, all as
depicted by the Assessors Property Tax Card, which includes the
established apartment of a minimum of 450 sq. ft. and which shall
not exceed 1188 sq. ft. as required by paragraphs #4 and #5 of
Section 100-30(B)[15] of the Zoning Code.
5. It is noted for the record
of a prior action taken by this Board
No. 3405.
this premises is the subject
January 21, 1986 under Appeal
In considering this application, the board finds and deter-
mines that: (a) the use requested will not prevent the orderly
and reasonable use of adjacent properties or of properties in
adjacent use districts; (b) the use will not adversely affect
the safety, welfare, comfort, convenience or order of the town;
(c) the use is in harmony with and will prompte the general
purposes and intent of zoning. The board has also considered
subsections [a] through [1] of Article XII, Section 100-121(C)[2]
of the Zoning Code.
Accordingly, on motion by Mr. Sawicki, seconded by
Mr. Douglass, it was
RESOLVED, that a Special Exception for permission to
create accessory apartment as provided in Article III, Section
100-30(B)[15] of the Zoning Code, applied in the Matter of
STAMATIOS AND ALENI RAPANAKIS under Application No. 3568,
BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS:
1. Any and all accessory buildings shall not be converted
for habitable, sleep or living area, and accordingly must remain
for garage or storage purposes incidental to the residential use
of the premises;
2. Compliance of Subsections (a) through (p) of
Article III, Section 100-30(B)[15] of the Zoning Code, to wit:
(a) The accessory apartment shall be located in the
principal building;
(b) The owner of
one of the dwelling units as
other dwelling unit shall be
evidenced by a written lease
not less
area;
the existing dwelling shall occupy
the owner's principal residence. The
leased for year-round occupancy,
for a term of one or more years;
(c) The existing one-family dwelling shall contain
than sixteen-hundred [1600] sq. ft. of liveable floor
(d) The accessory apartment shall contain not less
four-hundred fifty (450) sq. ft. of liveable floor area;
(e) The accessory apartment shall not exceed forty
than
[40%]
Page 3 Appl. No. 3568-SE
Matter of STAMATIOS & ALENI
Decision Rendered December
RAPANAKIS
ll, 1986
percent of liveable floor area of the existing dwelling unit;
(f) A minimum of three off-street parking spaces shall
be provided;
(g) Not more than one (]) accessory apartment shall be
permitted o~ this lot;
(h) The accessory apartment shall meet the requirements
of a dwelling unit as defined in Section 100-13 of the Zoning Code;
(i) The exterior entry to the
to the maximum extent possible retain the
ance of a one-family dwelling;
accessory apartment shall
existing exterior appear-
(j) All exterior alterations to the existing building,
except for access to the apartment, shall be made on the existing
foundation;
(k) Certificate of Occupancy shall terminate upon the
transfer of title by the owner, or upon the owner ceasing to
occupy one of the dwelling units as the owner's principal residence.
In the event of an owner's demise, the occupant of an accessory
apartment may continue in occupancy until a new owner shall occupy
the balance of the dwelling or one (1) year from the date of said
demise, whichever shall first occur;
(1)
of the Building
annually;
All conversions subject to inspection and approval
Inspector and renewal of Certificate of Occupancy
(m) The
accessory apartment
ficate of Occupancy
building which is converted to permit an
shall be in existence and have a valid Certi-
issued prior to January l, 1984;
(n)
apartment, shall
100 of the Town
The existing building, together with the accessory
comply with all other requirements of Chapter
Code of the Town of Southold;
(o) Notwithstanding the provisions of Section lO0-30(B)
hereof, no site plan approval by the Planning Board shall be
required for the establishment of an accessory apartment;
(p) Suffolk County Health Department water and sewage
system approvals.
Vote of the Board: Ayes: Messrs. Goehringer, Douglass,
Doyen and Sawicki. (Member Grigonis was absent due to illness.)
This resolution was duly adopted.
lk
December 31, 1986
NOTICE OF HEARINGS
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town
Law and the Code of the Town of Southold, the following public
hearings will 5e held by the SOUTHOLD TOWN BOARD OF APPEALS at
the Sout~old Town Hall, Main Road, Southold, NY at a Regular
Meeting commencing at-7:30 p~m~ on THURSDAY, NOVEMBER 20, 1986
and as~fotlows: AN/t
7:35 p.m. Appeal No. 3573 - M~RGARET' ~O~E~BEsT.
Variance to the Zoning Ordinance, Arti-cle III~ Section 100-32
for permission to locate accessory garage strtcture in the
fron~yard area at premises located on the souih side of a
private right-of-way extending off the east side of Camp Mineola
Road, Mattituck, NY; County Tax"'MaD Parcel NE 1000-123-06-17.
Variance to the Zoning Ordinance, Article XI, Section 100-119.2
for permission to construct addition at'the sc
existing dwelling with insufficient setback f~
along tidal water area and insufficient setba(
property line at premises located on the sout~
right-of-way extending off the east side of C~
Mattituck, NY; County Tax Map Parcel No. ~00[
Sp 7:45 p.m. Appeal No.' 3568-'- sTAMATIoS A
ecial Exception to the Zoning OrdinanCe, to
accessory apartment~in the.existing dwelling
accordance wi~ch the requirements of Article-I
subsection [15]. Location of Property: 2030
Southold, NY; County Tax Map District 1000,
X,~ot 40.
7:50 p.m. Appeal No. 3569 - BOATMEN'S H$
Variance to the Zoning Ordinance, Article XI,
for permission to construct addition to exist
an insufficient setback from existing bulkhea~
Property: 3350 West Creek Avenue, Cutchogue,
Map District 1000, Section llO, Block 01, Lot
utherly side of
om the-bulkhead
k from the rear
side of a private
mp Mineola Road,
-123-o6-17. _
B AEENI'RAPANAKIS.XX~
establish 6ne
tructure in
I, Section lO0-30(B)
Boisseau Avenue~
ection 55, Block 6,
RBOR MARINA·
Section 100-119o2
ng dwelling with
· Location of
NY; County Tax
12.
7:55 p.m.
Appeal No, S572 - MicHAEl AND JOYCE ~ATTEs. Special
Exception to the Zoning Ordinance, Article III
(B)[16] for permission to establish "Bed and
owner-occupied building, other than a hotel,
breakfast is provided for not more than six c
roomers, and renting of not more than three ro
Property: 50 Luthers Road, Mattituck, NY; Co
District 1000, Section 113, Block 03, Lot 7.
8:00 p.m. Appeal No. 3565
Variance to
Section i00-30~
reakfast Use," '~an
here lodging and
sual, transient
oms. Location of
unty Tax Map
FRANK FIELD REALTY INC.
the Zoning Ordinance, Article III Section 100-3
Page 2 Notice of Hearings
Southold Towr Board of Appeals
Regular Meeting - November 20,
1986
for permission to establish two-family dwelling use on a parcel
of land containing less than 160,O00-sq. ft'~i~ area, 270 ft.
lot width, 400 ft. lot depth, and with insufficient frontyard,
sideyard, and rearyard setbacks. Location of ;roperty: 320 Linnett
Street, Greenport, NY; Map of Greenport Driviig Park #369, Lots
#71 and #72~ County Tax Map District 1000, Se:tion 48, Block 2,
L~t 36.1'.
8~05 p~m.. Appeal No. 3566~SE.
Exception to the Zoning Ordinance,
for permission to establish two-family use at
as 320 Linnett Street, Greenport~ NY; Map of
Park #369, Lots ~71 and'-#72; County Tax Map
48, Block 2'; Lot 36.1.
8:10 p.m. Appeal No. 3570-SE - PAUL HEN
Road, Mattituck,
Block 03, Lot 7.
FRANK FIELD REALTY INC.
Article~III -'Section lO0-30(B)
Special
~remises referred to
ireenport Driving
fstrict 1000, Sectio~
Y. Special Exception
00-30(B)~6] for
," "an owner-occupied
to the ~oning Ordinance, Article III,~Section
permission to establish "Bed and Breakfast Use
building, other than a hotel, where lodging anld breakfast is
provided for not more than six casual, transient roomers, and
renting of nOt more than six casual,~transient roomers, and renting
of not more than three rooms. Location of Property: 50 Luthers
NY~ County Tax Map District 1000, Section 113,
8:15 p.m. Appeal No. 3576 - BARBARA D.
to withdraw Variance conditionally approved un
on September 26, 1985, and to reinstate in ful
conditionally approved under Appeal No. 1260,
of a 5,600 sq. ft. existing building for storl
contractor's machinery and equipment. Locatio
West Side of Tabor Road, Orient; NY~ County l
Section 18, Block 05, Lot 12o "B-light" Busin
8:20 p.m. Appeal No. 3552 JOHN SENKO. Reconvene heaff~ng
concerning Variance for shopping center use in this B-1 General
Business Zoning District containing 30,084 sq. ft. in lot area.
Location of Property: Intersection of AckerlyI Pond Lane and North
Side of Main Road, Southold; County Tax Map Dilstrict 1000, Section
70, Block 7, Lot 1. ' !~
~:40 p.m~ A~peal No. 3574 z DR. JOHN LORETO. Variance to
the Zoning Ordinance,'Article III, Sections 100-30.and 100-32,
and Article XI, Section 100~119,2, for permi~si-on to construct
;HRIEVER. Application
der Appeal No;~3393
the 1969 Variance
~ermitting the use
e and repair of
of Property:
x Map District 1000,
ess Zoning District.
Page 3 - Notice of Hearings
Southold Town Boand of Appeals
Regular Meeting November 20,
1986
storage building with an ~nsufficient setback from bluff along
Long Island Sound for storage-purposes accessory and incidental
to the existing dwelling adjacent'-to these premises. Location
of Properties: Lots #3 and #2, Map of Vista Bluff #5060~
North Side of Glen Court, Cutchogue, NY; County Tax Map District
lO00, Section 83, Block l, Lots 9 and 8. !- -
8:55 p.m. Appeal No. 3562 ANA G. STIL~. Variances:
(1) to the-Zoning Ordinance, Article I~I, Sec~=ion 100=31, for
approval of insufficient lot area, width and ~epth-of three
parcels in-this pending Minor Subdivision, an< (2) to New York
Town Law, Section 280-a for approval of acces~ over private,-
right-of-way extending from the north side of Main Road to the
premises in question. Location of Property: At the north end
of private right-of-way (~onglands-of-B. Brolaw), North Side
of Main Road, Orient, NY; County Tax Map District lO00,_Section
14, Block 2, Lot 26, containing 3.2 acres total.
9:05 p.m. Appeal No. 3519 STEVEN SANDE
to the Zoning Ordinance, Article III, Section
of insufficient lot area, width and setbacks i
set-off division of land. Location of Propert
Right-6f-way located~off the north side-of~Ba
Mattituck, NY; County Tax Map District 1000,
Block 06, Lot 36:
The Boa r_d of Appeals will hear at said ti
persons or representatives desiring to be hear
above hearings. Written comments may also be
to the conclusion of the subject hearing. For
please call 765-1809.
Dated: November 3, 1986.
BY ORDER OF THE SO
BQARD OF APPEALS
GERARD P. ~OEHRING
Linda Kowa!ski, Bo
RS & ANO. Variance
lO0-31 for approval
this pending
: Private
View Avenue,
Section 106,
me and place all
d in each of the
submitted prior
more information,
]THOLD TOWN
!R, CHAIRMAN
~rd Secretary
ATTENTION NEWSPAPERS: Please publish THURSDAY NOVEMBER 13, 1986
and forwar,d 13 Affidavits of publication on or before November_ 17,
to: Board of Appeals, Main Road, Southold, NV 11971.
TOWN OF SOUTHOLD, NEW YORK
ACCESSORY APARTMENT
APPLICATION FOR SPECIAL EXCEPTION
TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK:
Application No..~
Date Filed
House No. and Street
(Hamlet, S~ate, Zip boa }
hereby apply to THE ZONING BOARD OF APPEALS for a SPECIA~ EXCEPTION in accordance with
the ZONING ORDINANCE, ARTICLE ~ .~- , SECTION /DOJ~ , SUBSECTION
for the below-described property for the following uses ~nd purposes:
as shown on the attached plan drawn to scale.
A. Statement of Ownership and Interest.
(House No., Street,~amlet)
identified on the Suffolk~ozu~y Tax Maps as District 1000, Section ~.~Block ~ ,
Lot ~ , which is ((s notl)on a subdivision map (Fil6d Ma'--n~--p of
The above-described property was acquired by the owner on
B. The applicant alleges that the approval of this excep'
the intent and purpose of said zoning ordinance and that'
the standards prescribed therefor in said ordinance and w~
property or persons in the neighborhood for the following
C. In addition to meeting the standards prescribed by th~
following requirements will be met;
1. The accessory apartment will be located only in ti
2. The owner of the existing dwelling will occupy om
as the owner's principal residence. The other dw~
part of this application shall be leased for year.
by a written lease for a term of one or more year:
annually.
3. The existing one-family dwelling shall contain no:
(1,600) sq. ft. of livable floor area.
(continued on page two)
;ion would be in harmony with
;he proposed use conforms to
,uld not be detrimental to
reasons:
zoning ordinance, the
~e principal building.
~ of the dwelling units
qling unit which is
.round occupancy, evidenced
;, which will be filed
. less than sixteen-hundred
Application for Special Exception
Page Two (continued)
4. The accessory apartment shall contain not less than four-hundred fifty
(450) square feet of livable floor area~
5. The accessory apartment shall not exceed forty (40%) percent of livable
floor area of the existing dwelling unit.
6. A minimum of three off-street (on-site) parking spaces shall be provider
as shown on the attached plan.
7. Not more than one (1) accessory apartment will be on this'parcel]
8o The accessory apartment will meet the requirements of a dwelling unit as
defined in Section 100-13 of the Zoning Code~
9o The exterior entry to the accessory apartment has not changed the existing
exterior appearance of a one-family dwelling~
~10. All exterior alterations to the existing building, except ~on access to
the apartment, is made on the existing f6undation as shown ~n~h~ attached
plans.
11. Z understand that the Certificate of Occupancy will terminate upon the
transfer of title or upon the owner ceasing to occupy one of the dwelling
units as the owner's principal residence; and that in the event of the
owner's demise, the occupant of the accessory apartment may continue in
occupancy until a new owner shall occupy the balance of the dwelling or
one (l) year from date of said demise, whichever shall first occur:
12. This conversion shall be subject to inspection of the Building ~nspector
and Renewal of Certificate of Occupancy annually.
13. The existing building whic~ is converted to permit this accessory apartment
has been in existence and has a valid Certificate of Occupancy issued prior
to January 1~ !984, and attached hereto.
14. The existing bui!ding~ together with this accessory apartment~ shall comply
with al! other requirements of Chapter i00 of the Town Code of the Town ef
Southold~
15. This conversion for the accessory apartment shall comply with all other
rules and regulations of the New York State Construction Code and other
applicable codes~
D. The property which is 'the suo2ect of this application is zoned ~--~a~ and
[- ] has not changed since the issuance of the Certificate of Occupancy attached,
[ ] has changed or received additional b~ildin§ permits, and Certificates of
Occupancy for these changes are a~ttached or wil~l be furnished~
STATE OF NEW YORK) ss~: (Signature) ~/' ~ - ~
Sworn to before me this ¢ day of
ZB5 216/86
OWNER STREET
FORMER OWNER
LAND
SEAS.
AGE
NORMAL
Tillable
VL. FARM x.
TOTAL DATE REMARKS
BUILDING CONDITION
BELOW ABOVE
Value Per
Acre
Value
?~..~
Woodland
Meodowland
House Plot
Total
P~OIP~RTY R~CORD CAi~D
WLLA~_ ~ SUB.
E --T--- ! ~.. --¥'
W' , -' [ TYPE OF BUILDi~
CO~. CB. MICS. MAt V~lue
FRONTAGE ON WATER
FRONTAGE ON ROAD
DEPTH
BULKHEAD
DOCK
COLO~
Mi BJdg.
Extension
~x-~et~s Jori
porch
POrch
Patio
Total