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HomeMy WebLinkAbout3262 41505 C.R. 48 ~W Southold~ NY ~ ~ ~R. J~P. HTIBERNAN #3262 PILE~: 6/22/84 Cond'l. Appvl. %o exoeed 30% of first £1oor area of residence for home occupation/physician office use. AC~ION DATE: 9/13/84 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SI'IUTHOLD, L.I., N.Y. 11g'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No.3262 Application Dated June 22, ]984 TO: Irving L. Price, Jr., Esq. for DR. J.P. HUBERMAN 828 Front Street Greenport, NY 11944, (Public Hearing September as Attorney ]3, 1984) [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on September 13, ]984, 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 IX ] Request Article , Section for Variance to the Zoning Ordinance III, Section ]00-30(C) [ ] Request for Upon application of J.P. HUBERMAN, 2 Linda Lane, Setauket, NY (by I. Price, Jr., Esq.) for a ~6 to the Zoning Ordinance, Article III, Section 100-30[C) for permission to establish home occupancy, to wit: physician office, within a one-family residential building exceeding 30% of the maximum-permitted first floor area, at 41505 C.R. 48, Southold, NY; County Tax Map Parcel No. 1000-059-03-023. The board made the following findings and determination: This is an appeal from the June 20, 1984 Notice of Disapproval from the building inspector concerning an application to construct a new, one-family dwellin$ with phyisician's office on the entire first floor of 2,300 sq. ft. in area. The premises in question is located in the "A-Residential and Agricultural" Zoning District at the north side of County Road 48, Southold, is vacant and contains an area of approximately 42,900 sq. ft. with 132.17' frontage along the County Road. The subject parcel is bounded on all sides by residentially- agriculturally zoned properties. Approximately 200 feet to the west of this parcel is a parcel of land zoned "B-1 General Business"; and further west of Kenney's Road are premises zoned "B-Light Business." Article III, Section lO0-30(C)[1](c) of the Zoning Code provides that a home occupation shall not exceed 30% of the area of one floor of the main building, and the home occupation shall be incidental to the residential use of the premises and shall be carried on in the main building by the resident therein with not more than one nonresident assistant. Article III, Section lO0-112(A) requires a minimum of five parking spaces per each physician. Thirty percent of the greater floor area (first floor) is 690 sq. ft., the maximum permitted by the zoning ordinance without Board of Appeals approval. Applicant is requesting 2,300 sq. ft., the entire first floor of this proposed one-family residence structure, which is substantially more than 100% of a variance of these regulations. Applicant has assured the board that this structure will be used at least 50% of the time as a resi- dence by himself, and that the structure will not be occupied or leased to others for residential purposes. Applicant has also indicated that the design of the dwelling may be changed. It should be understood that a change in the square footage or percentage of use of the home occupation and residence should be resubmitted for reconsideration if the home occupancy is more than the percentage of that one floor allowed by this decision, or 1,500 sq. ft., whichever is less. (CONTINUED ON PAGE TWO) DATED: September 17, 1984. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Fo~ ZB4 (rev. 12/81) Pa~e 2 - Appeal No. 3262 Matter of DR. J.P. HUBERMAN Deci%sion Rendered September 13, 1984 The board members are familiar with the site in question as well as the surrounding neighborhood. Also, the board members have taken into consideration the testimony and documentation both in support and in opposition to this application. For the record, it is noted that a 28-name petition has been submitted in opposition to the application. Although this parcel is vacant and the difficulties or hardship claimed by the applicant are self-imposed and "significant economic injury" has not been proven, the board does agree that 690 sq. ft. of area, 30% of this first floor area, is minimal. The board also agrees that some relief should be granted, that relief would not produce a change on the character of the immediate neighborhood since there are businesses nearby, that the principal use of this structure is one-family residence, with this home occupation as an accessory use, and therefore the public health, safety and welfare will be served by allowing certain relief, as noted below. Accordingly, on motion by Mr. Douglass, seconded by Mr. Doyen, it was RESOLVED, that Appeal No. 3262, in the matter for J.P. HUBERMAN, BE AND HEREBY IS GRANTED, SUBJECT TO THE FOLLOWING CONDITIONS: I. That the home occupation use shall not exceed 65.2% of the first floor area (in no event more than 65.2% of the requested 2,300 sq. ft., or 1,500 sq. ft. maximum); unless further authorized by this board; 2. That the home occupation is limited to one practitioner (and his assistant); 3. That the principal building must be practitioner's residence (no rental or occupancy for residence by others); 4. No expansion of the home occupation use, building without the express written consent of the Appeals after formal application. or the principal Zoning Board of Location of Property: 41505 C.R. 48, Southold, NY; County Tax Map Parcel No. 1000-022-02-01. Vote of the Board: Ayes: Douglass and Doyen. Messrs. Goehringer, Doyen, Grigonis, lk RECEIVED AND FILED BY THE SOUTHOLD TOWN CT.~.BK DATE oz~/ 7/~ HOUR z~ ~?A'.~ Town Clerk, Town of Southold GERARD P.~'GOEJt'RINGER/ CHAIRMAN September 17, 1984/ BOARD OF APPEAI~ TOWN HALL ['..lAIN ROAD - $-R. 25 NOTICE IS HEREBY GIVEE, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, a Regular Meeting and the following matters will be held for public hearings by the South¢ld Town Board of Appeals on THURSDAY, SEPTEM- BER 13, 1984, commencing at 7:30 p.m.', at the Southold Town Hall, Main Road, Southold, NY and as follows: 7:30 p.m. Application for HENRY P. SMITH for approval of two parcels with insufficient area and width in this B-1 Business Zoning District, Article III, Section lO0-31 of the Zoning Ordinance. Property Location: West Side of Peconic Lane, Peconic, NY; 1000- 74-5-2 and 3 (9.2). 7:35 p.m. Application of ROGER MUN~, Box 567, Laurel, NY (by Cardinale & Cardinale, Esqs.) ~or a Variance for relief from Condition No. 7 of the May 27, 1983 decisions rendered'}in Applica- tions No. 3100 and 3101. Property Location: 13175 Main Road, Mattituck, NY; County Tax Map Parcel No. 1000-140-03-038 J. and C. Moisa). 7:45 p.m. Application of J P HUBERMAN 2 Linda Lane Setauket ~ NY (by I. Price, Jr., Esq.) for a Variance to the Zoning Ordinance, Article I~I, Section lO0-30(C) for permission To establish home S occupancy, to wit: physician office, within a one-family residential building exceeding 30% of the maximum-permitted first floor area, ~at 41505 C.R. 48, Southold, NY; County Tax Map Parcel No. 1000-059-03-023 7:55 p.m. Application of FRED H. AND GEORGIA LAMBROU, One Canaan Close, New Canaan, CT 06840 for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate accessory garage- storage building in the frontyard area at 1365 Aquaview Avenue, East Marion, NY; County Tax Map Parcel No. 1000-022-02-01. 8:00 p.m. APplication of PATRICIA AND REINER LOLLOT, 2345 Plum Island Lane, Orient, NY for a Variance to the Zoning Ordinance, Article XI, Sectio~ lO0-1t9-1(A) .~or permission to erect ~ence exceeding the maximum foUr-foot'height requirement along frontyard area of this vacant parcel, 1120 Ryder Farm Lane and Uhl Lane, Orient; Orient-By- The-Sea Filed Map 6160, Lot 157; County Tax Map Parcel No. 1000- 015-05-024.11. Page 2 Notice of Hearings Southold To~n Board of Appeals Regular Meeting of September 13, 1984 8:05 p~m. Application of CONSTANCE KLAPPER, Box 291, Cutchogue, NY (by Esseks, Hefter, Cuddy & Angel) for a-Variance to the Zoning Ordinance,~ Art"icle III, Section 100-31, for approval of insufficient area of tot in thi. s proposed two-lot division (redivision) of land and for approval of insufficient livable floor area of existing principal building. Location of Property: 3300 Dignans (private) Road, Cutchogue, NY; County TaxMap-Parcel No. 1000-83-02-005. NY Article III, Section lO0-31 for approval of insufficient width of two proposed parcels in this eivision of land, and (b) to New York Town Law, Section 280-A for approval of access. Location of Property: Private Right-of-l~ay off the North Side of Oregon Road, Cutchogue, NY; County Tax ~lap Par~cel No. lO00-095-Ol-part ~of Oll. 8:15 p.m. Application of THOMAS AND 2ACqUELINE OCCHIOGROSSO, 77 Vanderbilt Boulevard, Oakdale, NY (by .Scheinberg, DePetris & Pruzansky) for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of the construction of a new one-family dwelling with an insufficient frontyard setback of 12½ feet (reduction of that granted under Appeal No. 303t T/27/83). Location o.f Property: 1580 Corey Creek Lane, Southold~ NY; Corey Creek Estates Filed Map #4923, Lot 28; County Tax Map Parcel No. 1000~78-04-019. 8:10 p.m. A~plication for HENRY DOMALESK!, Oregon Road, Cutchogue, (by A. Wickham, Esq.) for V~ria~c-es: .... ~a) to the Zoning Ordinance, 8:25 p.m. Application of ROBERT ENTENMANN, 65 Meadow Farm Road, East Islip~'N¥ (by~A~ Wickham, Esq.) for a Variance to the Zoning Ordinance, Article III, Section I00-31, Bulk Schedule, for approval of insufficient'area and width~f~par~et~to~-~e set-off-in this .... proposed three-tot s~bdivision of land located a~ the north side of Sound Avenue, 'Matt~ituck~'"N~; Cou~y~T~'~p~Pa~l'~-No'.~'~O002~12~-~'~~ Persons desiring to be heard may do so in person, in writing, by representative. For addition information, please conta'ct our office. ~'~ or Dated: August 14~1984. BY ORDER OF THE SOUTHOLD TOWN · BOARD OF ApPEALS~ ~_ .. ......... .~- · GERARD ~.:GOEHRINGER, CHAIRMAN. Notice to Newspapers: Please publish THURSDAY, AUGUST 23, 1984, and forward nine affidavits of publication on or before August 31 to: Board of Appeals, Main Road, Southold, NY 11971. Thank you. TO~N OF SOUTMOLD BUtLDrNG DEPARTMENT CLERK'S OFFICE SOUTI~OLD~ N.Y. NOT~CE'OF DISAPPROVAL Date .............. ,19Y. ~.,~L.. r:., ~'~ ~ ............. · ..~,.~.....~.~ ~ ........... PmASE TAKE NOTICE that your app~calion dated ... ~ ,~,., ~.. ~W4~, 19 ~,~,, Coanty Tax Map No, ~000 Section 0~ }. Block ..... ~. Lot Subdiv:~on ................. Filed Map NO ................. Lot No .................. is resumed hemwi~ and disapproved on the fouowmg gro~ds ....... ~ ~'~' ........ , .... ~'" ," Building Inspector ~.~,,'~984 TOWN OF SOUTHOLD, NEW YORK ~FROM DECISION OF BUILDING INSPECTOR · "FO THE-ZONING BOARD OF API~EALS, TOWN OF SOUTHOLD, N. Y. J. P. HUBERMAN , 2 Linda Lane ' ' (We) .................................................................. at ........................................................................... Name of Appelior~t Street and Number Setauket New York ............................ HEREBY APPEAL TO Municipality State APPEAb NO. ~i!' DATE ,~.J,U. n.,e.~.',2.,0...,.~.~.l..9..8 4 THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON .................................... AT April 18, 1984 APPLICATION FOR PERMIT NO, D ED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO J. P. HUBERMAN Nome of Applicant for De-mit of 2 Linda Lane Setauket New York Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (X~ PERMIT TO'CONSTRUCT County Route 48, Southold A Resi_dential./ ]. LOCATION OF THE PROPERTY ......................................................................................... A~3~.i~ul~ura Street Use District on Zoning Mop Suffolk County Tax Map NO. 1000 - 059 - 03 023 Mop No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article ITT ~100-30CCc) 3. TYPE OF APPEAL Appeal is made herewith for (X~ A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous oppeol-(t'~+(has not) been mode with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Doted ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (xx) A Variance to the Zoning Ordinance ( ) is requested for the reason that the applicant desires to establish a home occupancy to wit, a physician's office within a one-family residence in the A- Residential/Agricultural District which will exceed 30% of the first floo area. T'm~n ZB! (Continue on other side) REASON FOR APPEAL ~J Continued 1. STRICT APPLICATION OF THE ©~,~ .~AN~.E would produce practical difficulties or unneCes- s~n,J HARDSHIP because it is impossible to have an opthamoiogist's office within a private one-family residence which does not exceed the 30% limitation unless -~he residence is of tremendous proportions, which is 3.mpracticat to construct. 2. The hardship created is UNIQUE and is not shared by ali properties alike in the immediate vicinity of this property and in this use district because an opthamologist requires more floor area than other types of physician§' offices. 3. The Variance would observe the spirit of the Oroinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because this zs a permitted home occupation, and it is merely requesting that an area variance be granted. Other than that variance~ all provisions of the Southold Town Zoning Ordinance can and will be complied with. STATE OF NEW YORK ) ) COUNTY OF SUFFOLK ) SS / Signature ~ of June 19 84 Sworn to this .......... ,~,,.J ............................ day ....................................................... ~ Notary Public ~T~Y PUBLIC. State ef ~. 52~7592, $~lk Co ,~ P[ OPE[ TY OWNER STREET FORMER OWNER S W VILLAGE DiSTRICT_t SUB. > ACREAGE l TYPE OF BUILDING LOT RES. SEAS. LAND MP. J VL. j.// TOTAL FARM COMM. IND. CB. AGE NEW FaFm Tillable Tillable Tillable NORMAL Woodland Swampland B rusF~la~cJ' House Plot DATE BUILDING CONDITION BELOW ABOVE Value Per Acre Value APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD January 31,2000 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Variance Request (1984 Appl. No. 3262 - Dr. d. Huberman) Dear Mrs. Moore: In reviewing your recent application, it is noted that the request is based on a variance from a prior ordinance dating back to 1984 - which no longer exists in the current Code. The 1984 provision related to a limited amount of first floor area for use as an accessory home occupation, and that provision no longer exists. The Board, therefore, does not have jurisdiction. The application and documents submitted are hereby returned in their entirety. Ve r y..t r-~.-~y"~ar s, _.----. Gerard P. Goehringef Chairman Enclosures ,3. p. HUBERMAN, M.D. October 17, 1984 Southold Town Board of Appeals Southold Town Hall Box 728 Southold, N. Y. 11971-0728 Attention: Mr. Gerry Goehringer, Zoning Board Dear Mr. Goehringer and Members of the Board: As you are aware by now, Mr. Heinisch has filed a petition to the Supreme Court against your decision to allow me to go ahead with my plans for the lot that is adjacent his property. I was hoping that this matter was all settled and that I could pro- ceed with my plans for the new office residence and have the whole project completed within four to six months. Evidently that is not to be for the moment and further legal actions will be necessary. I have not had the opportunity to matter, so I just wanted to expla~ undertook this project in the fir: present office in Greenport is on really speak to you on this to you the reasons that I t place. First of all, my the second floor of the medical office building that is opposite ~he hospital. In the past two years, it has become dramaticall to myself and my staff that numerous elderly patients are ~avin¢ severe difficulties in climbing the stairs to my office on the second floor, and that for this reason alone, I would have to have first floor office space. Initially we investigated the possibility of installing an elevator in the building. However, the cost of that ran $60,000. It also became apparent to me that my present office is not adequate in terms of space and in terms of the type of physical plar~and practice I wish to develop. I want to develop a first-class ophthalmic office facility that incorporates all of the new and modern examination methodology that has been developed over the past five years, such as argon-krypton laser, fundus photography and fluorescein angiography, computerized visual fields, computerized auto-refraction, and numerous other technological advances that have occurred. These instruments and modalities require space. You can't practice out of 400 or 500 square feet anymore and do modern ophthalmology. In accord- Southold Town Board of Appeals October 17, 1984 Page 2. ance with your wishes and your decisions, I have scaled down the size of the office to less than 1,500 square feet. This will give me enough space to incorporate the present advances and instrumentation that are necessary to practice modern ophthalmology and even future changes that will certainly occur over the next ten years. Mr. Heinisch, in his appearance at the Town Hall meeting, at which I was also present, made notice of the fact that pro- fessional space was built a short distance up the street from the lot I am interested in. This professional space is rental space; it is not available for purchase, and I am not interested in being a renter anymore. For the same amount that it costs me to rent 1,400 square feet of office, I could own it and pay a mort- gage on it. Therefore, that is the reason I have not even con- sidered the Winds Way development. I am no longer interested and ~rhaVe to have landlords anymore. It simply is not a satis- y long term arrangement. Another factor that was brought out was that I do not reside in the area on a permanent basis. This is true and I would just like to explain this a little. My wife is a board-certified endo- crinologist. She is a physician also and she limits her practice to her sub-specialty, endocrinology. In order to practice this specialty, she must draw from a population of 250,000 to 500,000 people and it would not be possible for her to practice endo- crinology on the North Fork. She must be more centrally located and that means basically where we are located in Port Jefferson. This is the reason I have not moved out to the North Fork, because my wife cannot practice there and if there is a choice between her commuting or me commuting, then I would rather be the one who commutes. We have three children and the demands they make on my wife's time are more than the demands that they make on my time. In addition, I am planning to spend significantly more time in the new office than I have been in the past. I am planning to combine both my Riverhead and Greenport offices into one office, this new office, and be present there seeing patients three days a week. The other two days a week, I operate or I would be in my Port Jefferson office. I sleep over almost every Wednesday night of the year because I operate every Thursday morning, and sometimes if we have hospital meetings, etc., or I am operating twice that week, I will sleep over more than one night a week. In addition, my wife and family and I would be using this as a second residence and enjoying the North Fork on weekends a significant period of time~w~eTr.~c~oul~ ~c ~ut ~nr ~-4~m~=~d~__h~y= at--~- de_ncc assgci~t~d ,-,i~h~i~e. There is nothing that says a person cannot have a second residence and this does not mean it has to be occupied 100% of the time. Southold Town Board of Appeals October 17, 1984 Page 3. This Mr. Heinisch, whoever he is, has now antagonized me and I would be appreciative if your town attorney could inform me as to whether there is any legal action I can take against him. I think this man is planning to petition this to death and thereby defeat the project and your decision by tying it up legally for an extended period of time. I would like to make sure that he does not succeed in doing this by filing suit against him if I have the legal means to do so. This project is of great importance to me and I think it is also of importance to the people I serve on the North Fork. Another reason I selected this property is that I could afford it. There were commercial pieces of property that I looked at, that were three to four times what this property cost. If I had to spend three to four times the amount I am spending, just to buy the property, I am going to have to raise my fees in the office which is something I don't care to do. Another reason I selected this specific piece of property is that I think it is well located. I have patients from all over the North Fork and this gives them easy access to my office. I hope when this comes up on the 21st of November, that you will vigorously defend this and pursue both your rights and my rights to direct our affairs and carry out constructive projects the way we see fit. If you wish to confer with me on this matter, or if I can be of any further help to you, please feel free to contact me. Sincer~ P.S. I would like to also make note of the fact that I went through the trouble and expense of hiring Mr. Strang, who is an excellent architect, so that the appearance of the project would not be detrimental to the neighborhood. I have specifically in- structed Mr. Strang that the external appearance and general configuration of the building should be such that it is attractive and fits in with the appearance of that area. It was my intention from the very beginning of this project not to offend anyone visually, and I feel that I have done everything I can to create what will be a positive contribution and addition to the area, not a detriment or detraction. J. P. H. COUNTY OF' SUFFOLK DEPARTMENT OF PLANNING (516) 360-5513 Town of Southold Board of Appeals Applicant: Mun. File No.: S.C.P.D. File No.: October 2, 1984 J. P. Huberman 3262 SD-84-13 Gentlemen: Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the above referenced apDlication which has been submitted to the Suffolk Coumty Planning Commission is considered to be a matter for local determination° A decision of local determination should not be construed as either an approval or disapproval. Comments: Subject to conditions set forth by the Zoning Board of Appeals GGN:Jk Very truly yours, Lee E. Koppelman Director of Planning by Gerald G. Newman Chief Planner 11788 Southold Town Board Appeals -5- September .~'3, 1984 Regular Meeting (Appeal No. 3264 - ROGER MUNZ, continued:) RESOLVED, that the matter of Appeal No. 3264, ROGER MUNZ, be and hereby is RECESSED WITHOUT DATE as requested. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members. PUBLIC HEARING: Appeal No. 3262. Application of J.P. HUBERMAN, 2 Linda Lane, Setauket, NY (by I. Price, Jr., Esq.) for a variance to the Zoning Ordinance, Article III, Section 100-30(C) for permission to establish home occupancy, to wit: physician office, within a one-family residential building exceeding 30% of the maximum-permitted first floor area, at 41505 C.R. 48, Southold, NY; County Tax Map Parcel No. 1000-059-03-023. The Chairman opened the hearing at 7:50 o'clock p.m. and read the legal notice of this hearing in its entirety and appeal application. MR. CHAIRMAN: We have a copy of a site plan, proposed by Garrett Strang on 4/16/84 indicating the building and the parking lot area. And I have a first-floor plan. I do not have a second-floor plan. Ok. Is there somebody that would like to be heard in behalf of this applica- tion? Mr. Price. IRVING L. PRICE, JR., ESQ.: I'm Irving Price, lawyer with offices at Greenport, on this application in behalf of Doctor Huberman. There's one matter I would like to bring up for the record at the present time, is that the site plan as submitted was dated 4/16/84 but it was also revised on July 7th, 1984. MR. CHAIRMAN: I have July 2nd. MR. PRICE: Yeah. MR. CHAIRMAN: Ok. MR. PRICE: This is an application to have the doctor's office in a residential building in a residential district. The building as proposed meets all the requirements as to percentage of the area of the premises being occupied, the side lines, the setbacks, and the ordinance provides as stated in the application that a home occupation for a professional is permitted as long as the office use is limited to 30% of the total area of the residence, and then to avoid any ques- tion as ~o parking provisions, further on it provides that a doctor's office has to provide five parking spaces for each physician. This is a one-man practice, and as you see the site plan provides for lO spaces. The offices are modern doctors, are for the practice of modern medicine, require more than one room, and I believe that the ordinance itself probably should be amended. When this ordinance was propounded, Southold Town Board o~Appeals -6- September~, 1984 Regular Meeting (Appeal No. 3262 J.P. HUBERMAN, continued:) MR. PRICE (continued)': thirty percent was probably correct percentage. But now with the present usage, 30% is too little, and it is respectfully requested that a variance be granted for the use as provided on the site plan. MR. CHAIRMAN: Mr. Price, I see that Dr. Huberman is with attendance. I was wondeKing if he could tell the board why he requires 2,300 sq. ft. though. us in DR. HUBERMAN: The exact dimensions of the office had not been decided. We submitted that as the very maximum. It may not be that much. MR. CHAIRMAN: But you feel you need the entire ground floor area? DR. HUBERMAN: Well, the minimum, the very minimum would be 1,500 sq. ft. 'Well, if that represented 30% of the entire first floor structure, you'd have four or five thousand square feet. It would be an enormous structure. It's impossible. MR. CHAIRMAN: Right. Would there be any other practitioners aside from yourself using this? DR. HUBERMAN: It's possible in the future I might have an associate who would work there w~ith me. In the same specialty. the moment there.would not be. At MR. CHAIRMAN: I thank you very much, Doctor. Did you have anything to add to that, Mr. Price? MR. PRICE: Yes, one thing. MR. CHAIRMAN: Go ahead. MR. PRICE: I believe an inspection of that area will show that it's zoned commercial within 300 feet, 200 feet back on the corner of Kenny's Road, the northwest corner of Kenny's Road, and at across the street there's either a commercial building, It's not exactly all residential in that immediate area, there are certain commercial structures. But this is a permitted use in a residential area and the variance is only for the amount of use of this building. I have the architect here if you have any questions to ask. MR. CHAIRMAN: DO you have any questions, gentlemen, about this? (Board'members nodded in the negative.) MR. CHAIRMAN: No, I just want to say in comment that I hope you're aware Mr. Price that this particular board is extremely aware of the need for ~ractitioners, such as Dr. Huberman, in this parti- cular town. And we have in the past, I can mention two recently: Dr. Slotkin and Dr. Mercier, both of which have gotten variances from Southold Town Board Appeals -7- Septembe~r 13, 1984 Regular Meeting (Appeal No. 3262 - J.P. HUBERMAN, continued:) MR. CHAIRMAN GOEHRINGER (continued): this board, and I also am aware of the fact that there is a timeliness involved here, which you made my secretary well aware of some time ago. And although we have not discussed this application, except really to look at the property and look at it, we'll have a decision for you in the very, very near future and it probably will not be tonight, but it will be in the very near future. Ok? And thank you. MR. PRICE: Thank you, Mr. Chairman and members of the board. MR. CHAIRMAN: Is there anybody else that would like to speak in behalf of this application? Anybody like to speak against the application? MR. HEINISCH: Yes. I would. My name is Bernard Heinisch, H-e-i-n-i-s-c-h. I'm the owner of the adjacent property to the west. The hardship as so described is a hardship self-inflicted. There's no reason why a doctor has to build a home utilizing 100% of the first floor area, 2,300 sq. ft. for one person. I believe the zoning code calls for a stipulation that he must reside and that only person plus one assistant could be in the particular zone. All the adjacent property to this is residential. I have a petition I will give you with approximately 29 names on it asking for your denial on this petition. Also, on your Master Zoning Map, all of this property is shown as A-1 Residential Farming area. I don't know if the doctor knows if the code also and I believe states that he must reside and it's hard to believe that 1,O00 sq. ft. for residential on the second floor because there's no floor plan of the second floor submitted, that would be sufficient for two people to live in, with 2,300 sq. ft. on the first floor. It appears that he commercializing residential property. There is sufficient commercial property for sale east of this particular piece of property. There's also a professional center, Windsway, right up the street on the east side of this property, on the south side of County Road 48. MR. CHAIRMAN: Thank you, Mr. Heinisch. (Mr. Heinisch submitted the above-named petition in opposition for the record.) MR. PRICE: Mr. Chairman, may I say something for one moment? MR. CHAIRMAN: Yes, in one moment please. MR. CHAIRMAN: Ok, Mr. Price. MR. PRICE: In answer to Mr. Heinisch, I believe he said his name is. MR. CHAIRMAN: Heinisch. MR. PRICE: I just wanted to point out that this is a permitted use in a residential area and that all the variance is being asked for is to use more than 30% of the residence. Southold Town Board Appeals -8- Septembeel3, 1984 Regular Meeting (Appeal No. 3262 - J.P. HUBERMAN, continued:) MR. CHAIRMAN: Doctor, could I ask you one assume'by the floor plan that you have submitted live in this residence, or you intend to live on story? more question? I would that you do intend to this site with a second DR. HUBERMAN: I would be living there part-time. MR. CHAIRMAN: DR. HUBERMAN: MR. CHAIRMAN: But nobody else ~Would be liVing there? Nobody el~e would be living there. You wouldn't be renting it to anyone else? DR. HUBERMAN: Absolutely not. MR. CHAIRMAN: Could you give us an idea on how much time you would be utilizing the living area? DR. HUBERMAN: I operate, and I'd 50% of the time. I sleep over out here every week the night before be using the living quarters on weekends. Possibly MR. CHAIRMAN: Would you be operating from this building? You wouldn't be operating from this building, that would still be in Eastern Long Island Hospital? DR. HUBERMAN: I Wouldn't be doing any major surgery, I'd be doing minor eye surgery. MR. CHAIRMAN: I thank you again. Does anybody else have any comments concerning this appl. ication? Questions from board members? Serge? Any other questions, Mr. Heinisch? No? ~Hearing no further questions, I'll make a motion closing the hearing and reserving decision until later. MR. HEINISCH: I would like to ask, will I be sent a notice of decision? MR. CHAIRMAN: No, you would not but you're welcome to call the board based'upon our next meeting date. I would suggest calling a week from Friday, a week from tomorrow, and we usually have a Special Meeting seven to l0 days after the Regular Monthly meeting to discuss these applications. It really depends on how long we go tonight, ok. If there is any deliberation or not. That is all I can suggest. Thank you very much everybody for coming in. On motion by Mr. Goehringer, secOnded by Mr. Doyen, it was RESOLVED, to close the hearing and reserve decision in the matter of Appeal No. 3262, J.P. HUBERMAN. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members. SoUthold MAIN ROAD- STATE RI'lAD 25 Town Board of Appeals ~OUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. S. E · Q. R oA. SERGE DOYEN, JR. ROBERT J. DOUGLASS NEGATIVE ENVIRONMJ~NTAL DECLARATION JOSEPH H. SAWICKI Notice of Determination of Non-Si~nificanc~ APPEAL NO.: 3262 PROJECT N~2%E: J.P. HUBERMAN (Owner R. H0bs0n) This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Variance for permission to exceed 30% of the first floor area of residence for home occupation (physician) use in this A-Residential and Agricultural District. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: North Side of C.R. 48, S0~tho]d, NY; County Tax Map Parcel No. ]000-59-3-23 c0ntaih'~ng appr0ximate]y one acre in area. REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The premises in question is not located Within 300 feet of tidal wetlands or other critical environmental area. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda KowalsRij Secretary, Southold Town Board of Appeals,. Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. Southo!d Town Board of Appeals APPEALS BOARD MEMBERS GERARO P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H, SAWICKI September 17, 1984 Irving L. Price, Jr., 828 Front Street Greenport, NY 11944 Esq. Re: Appeal No. 3262 Dear Sir or Madam: J,P. Huberman Attached herewith is a copy of the formal findings and deter- mination recently rendered and filed this date with the Office of the Town Clerk concerning your application. In the event your application has been approved, please be sure to return to the Building Department for approval of any new construc~ tion in writing, or for other documents as may ~? applicable. If you have any questions, please do not hesitate to call either our office (765-1809) or that of the building inspector (765-1802). Yours very truly, Enclosure Copy of Decision to Building Department Garrett A. Str%ng, R.A. GERARD P. GOEHRINGER CHAIRMAN By Linda F. Kowalski Secretary Southold Town Board of Appeals MAIN RDAD- STATE ROAD 25 51-iUThrllD, l.l., N,Y, 111:J71 TELEPHONE (516) 765-1809 Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: xxx Variance from the Zoning Code, Article III , Section __ Variance from Determination of Southold Town Building Inspector __ Special Exception, Article , Section __ Special Permit Appeal Ho.: 3262 Applicant: J.P. HUBEtLM3~N Location of Affected Land: 41505 C.R. 48~ Southold~ NY County Tax Map Item No.: 1000- 059-03-023 Within 500 feet of: __ Town or Village Boundary Line __ Body of Water (Bay, Sound or Estuary) xxx~ State or County Road, Parkway, Highway, Thruway __Boundary of Existing or Proposed County, State or Federally- Owned Land __ Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area __ Existing or Proposed Right-of-Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Estab- lished Channel Lines, or .. Within One Mile of a Nuclear Power Plant __Within One Mile of An Airport. granted COMMENTS: Applicant is j~ permission to establish home occupancy/physician office within a 1-family residential bldg./ Copies of Town review. Dated: 9/18/84 file and related documents enclosed herewith for your . Temp. Secretary, Board o~ Appeals ~AGE i SOUTHOLD, NEW YORK SEPTEMBER, 1984 WE, THE UNDERSIGNED, RESPECTFULLY REQUEST THE BOARD OF APPEALS OF THE TOWN OF SOUTHOLD TO DENY THE PETITION OF DR. J. P. HUBERMAN TO CONSTRUCT A ONE FAMILY DWELLING WITH FIRST FLOOR OFFICE ( ARTICLE lll SECTION lOO-30C) IN A RESIDENTIAL / AGRICULTURAL ZONED PROPERTY LOCATED AT 41505 COUNTY ROAD 48,'SOUTHOLD, NEW YORK TAX MAP, PARCEL NO. 1000-059-03-023. HIS PLAN OF OFFICE AREA IS APPROXIMATELY 2300 SQU.~RE FEET 100% OF THE FIRST FLOOR AREA WHICH INDICATES COMMER- ~IALIZING RES.IDENTIAL PROPERTY. ADDRESS PROPERTY OWNER _S ~ GNATURE A ~ ~sS RES I DENT 3o APPEALS BOARD MEMEERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN RrlAD- S"I'AT£ ROAD 25 SOUTHF1LD, L.I., N.Y. 11=J?l TELEPHONE (516) 765q809 June 26, 1984 Irving L. Price, Jr., 828 Front Street Greenport, NY 11944 Esq. Re: Appeal No. 3262 J.P. Huberman Dear Mr,. Price: In reviewing the above application which was filed on Friday and in checking with Mr. Lessard, we have not been able to obtain a copy of the floor plans of the proposed dwelling and the area to be used as a home occupation. Please provide us dwelling together with consideration. with the floor plans of the proposed the percentage requested and under lk cc: Building Inspector Yours very truly j_. ~ GERARD P. GOEHR)~GER CHAIRMAN /~/ June 20, 1984 Town Clerk Town of Southold Main Road Southold, New York 11971 Re: Appeal Application of J.P. Huberman Dear Madam: Enclosed herewith please find: (1) Notice of Disapproval dated June 20, 1984 (2) Application in triplicate (3) Notice to Adjacent Property Owner (4) Short Environmental Assessment Form (5) Wetlands Letter (6) Three (3) prints of the site plan (7) My check in the amount of $50.00 Please inform me, in writing, of the date and time of the hearing on this application. Thank you for your courtesy and cooperation in this matter. Very truly yours, ILP:kk Enclosures LEGAL NOTICE NO~ ~t ~ ~7 of~e on. ~DAY, 8EP- 7~ p.~ :A~on for ~Y P. ~ ~r ap~ of ~ ~ ~ ~ent* ~n l~l of~e W~ ~ of P~c ~e, ~:~ p.~ Appli~fion of di~ls,*~,) for a V~ ~ ~m ~n~fion No. 7 ~d ~ ~ 27, 19~ ~ ~ AD~om No. ~ 3101. ~y ~o~, ." 13175 ~ ' 1000-1~038 (Owner~: J. and ina). . Tow~ Law, Section ~0-A fo~ ap= *~ ~p,m. App~onofJ. P~ ~ of ~. ~ ~ ~,) for a V~ ~ B ' ' ~i~n~, ~e ~, ~on ~bl~ ho~ ~, ~ ~ :~ ~ ~den~& b~l~ ~- ~ T~ ~p P~l N~ ' T:~ p.~Ap~on of~ B~U, ~ Ch.... C~, N~ C~e~. ~ ~ fora V~ .. ~,~on I~2 for~ ~ ~ at 1365 A~ew Av~ ~p P~l.~o. 1~2~1. 8:~ p~. A~on of PAT. LOT, ~ Plum Island ~ane, Orient. NY for a Ve~nn._..ce to the Zoning O~dlnance, Article Section 100-119-1(A) for pertain. sion to ~ fence exc~dt~g the ma.~im,,~l four-foot height re- qturement along frontyard ama of this vacant parcel, 11~0 Ryder Farm Lane and UM Lane, Orient; Orient-By.The-Sea Filed Map 616~], Lot 157: County Tax Map Parcel No. 1 .00~-0. I~ 024.11. 8:05 p.m. Application of CON- STANCE ~-~Pl~, Box Cutohogue, NY (by Es~elm, Hsfvv ter~ Cu~ay ~ Angsl) for a Vori~- A~cicle III, Section 100-31, proval of insu~cient area of lot ip th~ propoeed two-lot div~en (red,vision) of land ant] for ap= prova! of insufficient If~able floor area of existing princllml build- ing. Location of P~per~y: Dignaus (private) I~ Cutch; ogue, NY; County Tax Map Pst. cel No. 1000-83..02-00§. 8:10 p.m. Appllcatiolx ~o1. Wickh,,~. Esq.) for Vammc~ (a) to the Zoning Ordt*,.,,.,~ Ax,- tiele m, ~eetion 100-31 ~o~ ap- sion of land, nnd (b) to New YorJt The Suffolk imes Tax Map Panel No. 1000~95- 01-1tort of 011. :)f Greenport, in 6:13 p,m, Application of y~ thet he/she is 'rHOMA.~ AND JAC- QUELINE OCCH/OGROSSO, 1MES, a Weekly 7T Vandorbflt Bou~evord, Oak. dale, 1N'Y Coy Scheinherg, DePet. ~)rt. in the Town rb & Prtmm.~) for a V~u~.,~ ~d State of New to the Zoning Ora;...,~, Article I~, Section 100-3! for approval ofthec~ruc~onofan~wone, rly published in family dwelling with an c~entfrontya~deetbackofl21/2 ek for one feet (reduction of that under Appeal No. 3031 ;/27/83[, k Lane, 8outhold. NY; , Lot 28; County Tax ~-,~ . Map Parcel ~ 1000-78-04.019. 8:25 p.m.'. Application of ROBERT F,.~rENMANN, Mcadow Farm Road, East hlip~ NY (by A. Wleklmn~ F~q.) ~or Vs.~,n~ to tl~ Zeni,,o- Ord,, nanee, A~tiole 111, Sec~n 100- ~Bulk ~sdule; for approval of insufficient ama and width of osed thre~lot subdivi~on of land locat~iat the no~h s~de of Sound NOTICE IS HEREBY GIV- EN, pursuant to Section 267'of the Town Law and the Pro- COUNTY OF SUFFOLK STATE OF NEW' YORK ficient area and widt~in this fl-1 Susine~S,~'~ct, Article m,;~~ of ty Lo~atinn: W~! of Peconie L~ne, ~; :35 ~;~ Apphca~ of RO~'' S~NZ. Sox, SS7, Laurel,' NY (by Cardinale & Cardi~aii~, Esqs.) for a Vari- ance for relief from Condition No. 7 of the IS, lay 27, 1983 decisions rendered in Applica- tions No. 3100 and 3101. Property Location: 13175 Main Road, Mattiruck, NY; County Tax Map Parcel No. 1000.140. 03-038 (Owners: J. and C. Moisa). p:45 p.m. Application of · HUBERMAN~ 2 Linda e, Setanlret, NY (by I. e, Jr., Esq.) for a Variance t t~o the Zoning Ordinance, ~ Article IIl, Section 100-30(C) il'or permission to establish · home occupancy, towit: physi- ! clan office, within a one-family ~ residential building exceeding 30% of the maximum-pen'nit- ted first floor area. at 41505 C.R. 48, $outhold, NY; County Tax Map Parcel No. 1000- 059-03-023. ~., 7:55 p.m. AppJication' of FRED lt. P~'qD GEORGIA I. AMBROU, One Canaan Close, New Canaan, CT 06840 for a Variance to the Zoning Ordinance, Article HI, Section 100-32 for permission to locate accessory garage - storag, e building in the frontyard area at 1365 Aquaview Avenue, East Marion, NY; County Tax Map Parcel No. 1000-022-02- 01. 8:00 p.m. Application of PATRICIA AND REIHER LOLLOT, 2345 Plum Island Lane, Orient, NY for a Var- iance to the Zoning Ordinance, Article Xl, Section 100-119- i(A) for permission to erect fence exceeding the maximum four-foot, height requirement along frontyard area of this vacaltt parcel, 1120 Ryder Farm Lane and Uhl Lane, Orient; Orient-By-The-Sea Fil- Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in, Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- man once each week for .................... ../.. ................ weeks successively, commencing on the ............. ..~...~..~.....~... .......... Sworn to before me this ............ ~....'~... .......day of Notary Public"-" CLEMENT J. THOMPSON NOTARY PUfUC, State of New York No. 52-9321725 Reskliflg in Suffolk County Commission Exp/res March 30, Page 3 Copies have been forwarded to the following on or about 8/21/84: Suffolk Times (personal delivery 8/21/84 a.m.) L.I. Traveler - mailed 8/21/84 a.m. Philip J. Ofrias, Jr., Esq., for H.P. SMITH Philip J. Cardinale, Esq. for ROGER MUNZ Mr. Roger Munz ~,/ !~'~. ~a~,~.~,~,f Irving L. Price, Jr., Esq. for J.P. HUBERMAN Mr. G.A. Strang for Huberman Mr. and Mrs. Fred H. Lambrou Mr. and Mrs. Reiner Lollot £sseks, Hefter, Cuddy and Angel 0~.~5~..~,- ~r Constance Klapper Abigail A. Wickham, Esq. for Henry Domaleski for Robert Entenmann Scheinberg, DePetris and Pruzansky for T. AND Attn: Janet Geasa, Esq. Town Board Planning Board Building Department Town Clerk Bulletin Board Zoning Appeals Office Bulletin Board Z.B.A. members Z.B.A. individual files J. OCCHIOGROSSO JUDITH T. TERRY TOWN CLERK REGISTRAR Ol' VI'[AL SI ~.1 ISI'ICS OFFICEOFTHETOWNCLERK TOWN OF SOUTHOLD June 22, 1984 Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No.3262 application of J.P. Huberman for a variance. Also included is notification to adjacent property owners; Short Environmental Assessment Form; Letter relative to N.Y.S. Tidal Wetlands; Notice of Disapproval from the Building Inspector; survey. Judith T. Terry ~ Southold Town Clerk BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of J. P. HUBERMAN to the Board of Appeals of the Town of Southoid TO: ARTHUR A. LEVINE ANN DONAHUE KODROS SPRYPOULOS ANNE THEOPHILOS YOU ARE HEREBY GIVEN NOTICE: NOTICE TO ADJACENT PROPERTY OWNER 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) 2. Thattheproperty whichisthesubjectofthe.Petitionislocatedadjacenttoyourpropertyan~isdes-~\ cribedasfollows: North by land of Levine, East by land of Levine; South ~ % County Route 48; West by land of Donahue, Sprypoulos and Theophilos Suffolk County Tax Map No. 1000-05q-n3-O23 3. Thattheproperty whichisthesubjectofsuchPetitionislocatedinthefollowingzoningdistrict: A Residential/Agricultural 4. ThatbysuchPetition,theundersignedwillrequestthefollowingrelief: permission to construct a one-family dwelling w/ first floor office 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare Article III Sectic~ 100-30C(c~ 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be flied in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma), then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: June 20r 1984 Petitioner/ J.P. HUBERMAN b~rving L. Price, Jr. Attorney/Agent PostO~ceAddress 828 Front Street Greenport, New York 11944 NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRES___~S Arthur A. Levine Ann Donahue Kodros Sprypoulos Anne Theophilos 600 Front Street Greenport, New York 11944 Middle Road Southold, New York 11971 40-28 82nd Street Elmhurst, New York 11357 1812 Parsons Boulevard Elmhurst, New York 11357 STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: KATHY M. KLINGE , residing at (No #) County Route 48, Southold, New York , being duly sworn, deposes and says that on the ~ day of Jun~ ,19 84 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at Southo~d ; that said Notices were mailed to each of said persons by (certified) ~e~ed-) mail. Sworn to before me this Notary Public RECEIVED TOWN OF SOUTHOLD, NEW YORK gUN 1984 APPEAL FROM DECISION OF BUILDING INSPECTOR TOW41 ~ ~HOI([ ; · TO THE ZONING BOARD O1: APPEALS, TOWN OF SOUTHOLD, N. Y. APPEAL NO. ~ ~ ~! ~ DATE June 20 1984 J. P. HUBERMAN . 2 Linda Lane 1, (We) .................................................................. at ............................................................................ Name of Appellant Street and Number Setauket New York ...... ' . ........................... Id,-~.r..uY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED Rpr±l 18, 1984 WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (XM J. P. HUBERMAN Name of Applicant for permit of 2 Linda Lane Setauket New York Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY PERMIT TO CONSTRUCT County Rout.e.. 48, .South.o.l.d. ..... ..A..~esidential/ ]. LOCATION OF THE PROPERTY ................................................... . ....... ;; ...... ~ ...... A<j,~.ioultura Suffolk County Tax Map No. Street use uistrict on £oning ~aap 1000 - 059 - 03 - 023 Map No. Lot No. 2. PROVISION (S)' OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance. Article III §100-30C(c) 3. TYPE OF APPEAL Appeal is mode herewith for (X~ A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VAR[~ANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal-({'tc~(hos not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOP, APPEAL ( ) A Variance to Section 280A Subsection 3 (x~ A Variance to the Zoning Ordinance ( ) is requested for the reason that the applicant desires to establish a home occupancy to wit, a physician's office within a one-family residence in the A- Residential/Agricultural District which will exceed 30% of the first floo area. ~o~n zB! (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficultlesorunneces- sa~ HARDSHIP becau~ it is impossible to have an opthamologist's office within a private one-family residence which does not exceed the 30% limitation unless the residence is of tremendous proportions, which is impractical to construct. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because art opthamologist requires more floor area than other types of physicians' offices. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because this is a permitted home occupation, and it is merely requesting that an area variance be granted. Other than that variance, all provisions of the Southold Town Zoning Ordinance can and will be complied with. STATE OF NEW YORK ) ) COUNTY OF SUFFOLK ) SS ~.l ,?,,~ _, June Sworn to this ............................... day o, ........................................................ 19 84 Notary Public KATHy M. KLIN~E NOTNr/PI,'BL~ State _ I~ ~-4~75gZ 0 0 0 SHORT ENVIROh74ENTAL ASSESSMENT FORM INSTRUCTIONS: (a) In order to answer the questions in this short gAF is is assumed that the preparer will use currently available infor?~ation concerning the project and the likely impacts of the action. It is not exp. ected that additional studies~ fas·arch or other investigations will be undertaken. (b) If any question has been answered Yes the project may be significant and a completed Envirommental Assessment Form is nscessa~/. (c) If all questions have been answered No it is likely that this project is no__% significant. (d) Enviror~ental Assessment 1. Will project result in a large physical c~mnge to the project site or physically alter more than 10 acres of land? ....... Yes X No 2. Will there be a major change to any unique or unusual land form found on the site? Yes x No &. 5. 6. 7. 8. 10. 11. 12. 13. l&. 15. PREPARER 9/[/78 Will project alter or have a large effect on an existing body of water? · , · · , Will project have a potentially large impac~ on groundwater quality? · . · · · · · Will project significantly effect drainage flow on adjacent sites? Will project affect any threatened or endangered plant or animal species? ...... Will project result in a major adverse effect on air quality? · · · · · · · Will project have a major effect on visual char- acter of the community or scenic views or vistas known to be important ~o the community? . · · Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical environmental area by a local agency? · · · Will project have a major effect on existing or future recrsational opportunities? · · Will project result in major traffic problems or cause a major effect to existing transportation systems? · , Will pro~ect regularly cause Objectionable odors~ noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? . Will project have any impact on public health or safety? · · · · · · , ... · , Will project ~ffect ~he existing community by directly causin~ a Srowth in permanent popula- tion of more than 5 percent over a one-year X Yes No Yes x Ns Yes x No Yes X No Yes x No Yes x No x Yes---- No Yes x No Yes x No x Yes , . No Yea x No period o__r have a major negative effect on the X character of the community or neighborhoodS. . Yes No Is there public controversy co~n~he project?., Yes x No SIGN~Tbq{E:' ~]~ // \////~ .~ ' TITLE: Attorney__at Law --P/ Huberman ' / DATE: June 20~ 1984 J. June 20, 1984 (Today s Date) To: Re: Southo!d Town Board of ..... ls ~ain Road Southo!d, NY 11971 Appeal Application of Location of Property: J.P. Huberman County Route 48 Southold, New York Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 NYCRR, Part 661, and Article 25 of the New York State Environmental Conservation Law, please be advised that the subject property iQ the within appeal application: (please check one box) [ ] May be located within 300 feet of tidal wetiands; hc~ever, constructed along the water-lying edge of this property is a bulkhead in very good condition and at least 100 feet in length.* [ ] May b~ 'located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in need of (minor) (major) repairs, and approximately feet in length. [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. £ ] May be located within 300 feet of tidal wetlands; and there is no bulkhead or concrete wall existing on the premises. - [xx] not appear to Is not located within 300 feet of tidal wetlands to the best of my knowledge.* [Starred items (*) indicate your property does fall within the jurisdiction of the N.Y.S. D.E.C.] i~, your s~., ~ NOTE: If proposed project falls witq~.n D.E.C. approval must be received an.d submitted to our your application can be scheduled for a public jurisdiction, office before hearing. J. P. HUBERMAN, k4. D. DIPLOMA'rE AMERICAN BOARD O~: OPHTHALMOLOGY 12 MEDICAL DRIVE October 17, 1984 Southold Town Board of Appeals Southold Town Hall Box 728 Southold, N. Y. 11971-0728 Attention: Mr. Gerry Goehringer, Zoning Board Dear Mr. Goehringer and Members of the Board: As you are aware by now, Mr. Heinisch has filed a petition to the Supreme Court against your decision to allow me to go ahead with my plans for the lot that is adjacent his property. I was hoping that this matter was all settled and that I could pro- ceed with my plans for the new office residence and have the whole project completed within four to six months. Evidently that is not to be for the moment and further legal actions will be necessary. I have not had the o ortu ' ~""-~f~ pp nity to~eally speak to you on this ~r, so I.ju~e~ t~_ex~a~ t~ you the reasons that I took t~ms ~u3~u~ in mne zlr~t p±ace. First of all, my p[~ent_of[~ce zn Greenport is on,the second floor of the medical o~zzce oui±~ing that is opposite ~he hospital. In the past two years, it has become dramatically~to myself and my staff that numerous elderly patients are ~aving severe difficultie~ in climbing the stairs to my office on the second floor, and that for this reason alone, I would have to have first floor office space. Initially we investigated the possibility of installing an elevator in the building. However, the cost of that ran $60,000. It also became apparent to me that my present office is not adequate in terms of space and in terms of the type of physical plan~and practice I wish to develop. I want to develop a first-class ophthalmic office facility that incorporates all of the new and modern examination methodology that has been developed over the past five years, such as argon-krypton laser, fundus photography and fluorescein angiography, computerized visual fields, computerized auto-refraction, and numerous other technological advances that have occurred. These instruments and modalities require space. You can't practice out of 400 or 500 square feet anymore and do modern ophthalmology. In accord- Southold Town Board of Appeals October 17, 1984 Page 2. ance with your wishes and your decisions, I have scaled down the size of the office to less than 1,500 square feet. This will give me enough space to incorporate the present advances and instrumentation that are necessary to practice modern ophthalmology and even future changes that will certainly occur over the next ten years. Mr. Heinisch, in his appearance at the Town Hall meeting, at which I was also present, made notice of the fact that pro- fessional space was built a short distance up the street from the lot I am interested in. This professional space is rental space; it is not available for purchase, and I am not interested in being a renter anymore. For the same amount that it costs me to rent 1,400 square feet of office, I could own it and pay a mort- gage on it. Therefore, that is the reason I have not even con- sidered the Winds Way development. I am no longer interested and r haVe to have landlords anymore. It simply is not a satis- y long term arrangement. Another factor that was brought out was that I do not reside in the area on a permanent basis. This is true and I would just like to explain this a little. My wife is a board-certified endo- crinologist. She is a physician also and she limits her practice to her sub-specialty, endocrinology. In order to practice this specialty, she must draw from a population of 250,000 to 500,000 people and it would not be possible for her to practice endo- crinology on the North Fork. She must be more centrally located and that means basically where we are located in Port Jefferson. This is the reason I have not moved out to the North Fork, because my wife cannot practice there and if there is a choice between her commuting or me commuting, then I would rather be the one who commutes. We have three children and the demands they make on my wife's time are more than the demands that they make on my time. In addition, I am planning to spend significantly more time in the new office than I have been in the past. I am planning~o combine both my Riverhead and Greenport offices into one office, this new office, and be present there seeing patients three days a week. The other two days a week, I operate or I would be in my Port Jefferson office. I sleep over almost every Wednesday night of the year because I operate every Thursday morning, and sometimes if we have hospital meetings, etc., or I am operating twice that week, I will sleep over more than one night a week. In addition, my wife and family and I would be using this as a second residence and enjoying the North Fork on weekends a significant period of time~w~=~rr~ w~!'~ ~c~ut f~r ~ w~-~.n~a~d~-s~t-~h~- den~c asccciat~d ,~i~h~e o~fi~e. There is nothing that says a person cannot have a second residence and this does not mean it has to be occupied 100% of the time. Southold Town Board of Appeals October 17, 1984 Page 3. This Mr. Heinisch, whoever he is, has now antagonized me and I would be appreciative if your town attorney could inform me as to whether there is any legal action I can take agains% him. I think this man is planning to petition this to death and thereb~ defeat the project and your decision by tying it up legally for an extended period of time. I would like to make sure that he · does not succeed in doing this by filing suit against him if I have the legal means to do so. This project is of great importance to me and I think it is also of importance to the people I serve on the North Fork. Another reason I selected this property is that I could afford it. There were commercial pieces of property that I looked at, that were three to four times what this property cost. If I had to spend three to four times the amount I am spending, just to buy the ~ property, I am going to have to raise my fees in the office ~ which is something I don't care to do. Another reason I selected this specific piece of property is that I think it is well located. I have patients from all over the North Fork and this gives them~ easy access to my office. ~ I hope when this comes up on the 21st of November, that you will vigorously defend this and pursue both your rights and my rights ~ to direct our affairs and carry out constructive projects the way we see fit. If you wish to confer with me on this matter, or if I can be of any further help to you, please feel free to contact me. Since P.S. I would like to also make note of the fact that ~went through the trouble and expense of hiring Mr. Strang, who is an excellent architect, so that the appearance of the project would not be detrimental to the neighborhood. I have specifically in- structed Mr. Strang that the external appearance and general configuration of the building should be such that it is attractive and fits in with the appearance of that area. It was my intention from the very beginning of this project not to offend anyone visually, and I feel that I have done everything I can to create what will be a positive contribution and addition to the area, not a detriment or detraction. J. P. H. GARRETT A. STRANG architect Main Road P.O. Box 1412 Southold N.y. 11~71 GARRETT A. STRANG Brchitect Main Road P.O. Box 1412 Southold N.Y. 11971 516 - 765 - 5455