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HomeMy WebLinkAbout3072PA~PADAKIS_, _IRENE & POPPI ~3072_~23 26165 Main Rd., Orient 2/4/83 ~-~u~e part of a r~esidence for at skin care clinic. %8-3-23 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.h, N.Y. ZONING BOARD OF 1983 (Public Hes ACTION OF THE Appeal No. 3072 Application Dated January 10, TO: Irene and Poppi Papadakis 26165 Main Road, Box 28 Orient, NY 11957 At a Meeting of the above on your the Zoning Board of Appeals held on March 12, 1983 appeal was considered, and the action indicated below was taken [ ] 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 , Section Request for Variance to the Zoning Ordinance Article III , Section 100-30 [ ] Request for The public hearing concerning this matter was held on February 4, 1983. Upon application of IRENE AND POPPI PAPADAKIS, Main Road, Box 28, Orient, NY for a Variance to the Zoning Ordinance, Article III, Section 100-30 for permission to use part of residence for a skin care clinic at 26165 Main Road, Orient, NY; County Tax Map Parcel ID No. 1000-18- 03-023. The board made the following findings and determination: By this appeal, appellants seek permission to use premises as a skin care clinic in addition to use as a one-family residence. It is understood that three rooms of the dwelling are to be used for the clinic, one 14' by 14', another 14' by 14, and a small bathroom; and six rooms remaining on the first floor will be for residential use. The premises in question contains an acreage of .920, or 40,000 square feet and has a frontage along Main Road of 126.27 feet. Existing on the premises is a large two-story frame house with one-family use status. The dwelling is set back from the Main Road approximately 49 feet and is set back from the easterly property line approximately 11 feet and the westerly property line approximately 50 feet. The premises is zoned A-Residential and Agricultural, as well as the neighborhood within at least 3,000 feet in either direction. Submitted for the record are .40 signatures favoring the proposed project, and a petition with 205 signatu.res from Orient residents opposing the project. Since appellants request a change of use to a use not permitted by the Code, the variance is a use variance, which may only be granted by this Board upon proof that ¢1) the land in question cannot yield a reasonable return if used only for a purpose allowed in that zone; (2) that the plight of the owner is due to unique circumstances and not the general conditions in the neighborhood which may reflect the unreasonableness of the zoning code; and (3) that the use to be authorized by the variance will not alter the essential character of the locality. Appellants have failed to demonstra~e unnecessary ba. rdship and', according, on motion by I4r. Douglass, seconded by-Mr. Sawicki, unanimously, the variafiCe is denied. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen- -of Fishers Island was absent.) DATED: March 12, 1983. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPE s Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P, GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAW!CK] NOTICE IS HEREBY GIVEN, 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 Public Hearinas will be held by the Southold Town Board of Appeals at the Town Hall, Main Road, Southold, New York on FRIDAY, FEBRUARY 4, 1983 commencinq at 7:30 p.m. and as follows: 7:30 p.m. Application of FRANK TARULLI, 1540 North Bayview Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-30 for permission to construct accessory horse stable and staff one horse for personal use in this A-Residential District at 1540 North Bayview Road, Southold, NY; County Tax Map Parcel ID No. 1000-79-06-002.1. 7:35 p.m. Application of LAST ASSOCIATES, Box 796, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct one-family dwelling with reduced front and rear yard setbacks upon parcel located on the north side of Birch Avenue, Southold, NY; County Tax Map Parcel ID No. 1000- 77-01-021. 7:40 p.m. Application for GRACE E. KENNEY~ 2020 East Gillette Drive, East Marion, NY for a Variance to the Zoning Ordinance, Article III, Sections 100-31 and 100-34 for permission to construct additions to existing dwelling increasing the lot coverage over the 20% allowable and reducing the front and rear yard setbacks, at 2020 East Gillette Drive, East Marion, NY; Marion Manor Subdivision Map #2038, Lot #47; County Tax Map Parcel ID No. 1000-38-03-020. 7:45 p.m. Application of GEORGE AND NATALIE WIESER, Harbor Lane, Cutchoque, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory garage in the frontvard area at 1415 Harbor Lane, Cutchoque, NY; County Tax Map Parcel ID No. 10o0-97-06-010. (continued on paqe two) f'.~ · Pa~e 2 - LeGal ~ice of HearinGs ReGular Meeting of February 4, 1983 Southold Town Board of Appeals 7:50 P.m. Application for EAST END SUPPLY CO., INC. bv Irving L. Price, Jr., ESG., 828 Front Street, GreenDort, NY for a Special Exception to the Zonin~ Ordinance, Article VIII, tion 100-80B for permission to construct warehouse-office in this "C-LiGht Industrial" Zone. Location of Propertv: Side of Corwin Street, Greenport, NY; No. 1000-48-02-002 & 003. Sec- building South County Tax MaD Parcel ID 8:00 p.m. Recessed HearinQ: Appeal No. 3061. ANITA M. SAMUELS: (1) Pool on vacant lot;, ~ (2) Approval of Access. 8:00 p.m. Recessed HearinG; Appeal No. 2930. SAL CAIOLA. To construct condominium units at C.R. 48, Southold, NY. ~:10 p.m. Application of R©NALD j. RO?HMAN, Box 878, Soutko!d, NY (Owner: V. L'Epplattnier) for a Variance to the Zonin~ Ordinance, Article III, Section 100-31 for permission to construct ne%~ dwelling with insufficient front and rear vard setbacks at Lakeview Avenue, Peconic, NY; Peconic Shores Section Subdivisi©n Lots 52-56 incl.; County Tax MaD Parcel tD Nos. 1000-67-03-002, 003, 012 and 013. II, 8:15 p.m. APPlication of W!LLIE~ B. BERLINEe, JR.. Box 647. Mattituck. NY {Owner: B. Norris) for a Variance to the Zonin~ Ordinance, Article VII, Section 100-71 for permission to construct greenhouse addition with reduced sideyard setback at 105 Love Lane, Mattituck, NY; County Ta~ Map Parcel ID No. 1000-141-04-031. 8:20 p.m. Application of JOHN & SAB!NA BAS!LE, 510 Custer Avenue, Southold, NY for a Variance to the Zoninq Ordinance, Article III, Section 100-31 for permission to construct addition to existing dwelling with reduction in frontvard setback at 510 Cus=e_ Avenue, Southold, NY; Fairview Park Subdivision MaD 3388, Lot 11; Countv Tax MaD Parcel ID No. 1000-70-08-033. 8:25 P.m. APPlication for JOSEPH & ~EARY GNOZZO, by Gary Flanner Olsen, ESQ., Main Road. Matt~tuck, NY for a Variance to the Zoninc Ordinance, Article VI. Section 100-60 and Article XI. Section 100-!18D for Permission to reinstate nonconforminc dwellinc use for existinc buildinc in this B-Zone at 73265 Main Road. GreenDort, NY: Countv Tax MaD Parcel ID No. 1000-45-03-002. Box III, skin Parcel 8:30 p.m. Application of IRENE & POPPI PAPADAKIS, Main Road, 28, Orient, NY for a Variance to the Zoning Ordinance, Article Section 100-30 for permission to use Dart of residence for a care clinic at 26165 Main Road, Orient, NY; Countv Tax Map ID No. 1000-18-03-023. Dated: Januarv 13, 1983. BY ORDER OF THE SOUTIIOLD TO~WN BOARD OF APPEALS GE~\RD ~. /;OEIIRINGER, CHAIP~AN (Bv L~_ :da ~owalski) Instructions to newspapers: PLEASE PUBLISB THURSDAY, JANUARY 27, x 1983 and fo~ard 10 aff'idavits of publication to: Board of Appeals,'- ' · Main Road,?Southold' NY 11971, on or before February ,2 ]~R~ ~aae 3 - Legal Noti~f Hearings Regular Meetlnq of February ~, 1983 $outhold Town Board of Appeals Copie'~ to the following on or about Monday, January 24, 1983: Suffolk Times L.I. Traveler Town Clerk Bulletin Board Mr. Frank Tarulli, 1540 N. Bavview Road, Southold, NY 11971 Last Associates, Box 796, Cutchoque, NY 11935 Mr. and Mrs. Robert Kenney, 2020 East Gillette Drive, East Marion, NY 11939 Mr. and Mrs. George Wieser, Harbor Lane, Cutchogue, NY 11935 Irving L. Price, Jr., Esq. for East End Supply Co., Inc. Mr. Ronald J. Rothman, Box 878, Southold, NY 11971 Mr. Victor L'Epplattenier, Jr., 2 Dorothy Gate, Massapequa, NY 11758 P.O. Box 361, Peconic, NY 11958 Mr. William B. Berliner, Jr., Box 647, Mattituck, NY 11952 Mr. and Mrs. John Basile, 5~0 Custer Avenue, Southold, NY 11971 ~ary Flanner Olsen, Esq. for Joseph and Mary Gnozzo, Main Rd, Mattituck Irene & Poppi Papadakis, Box 28, Main Road, Orient, NY 11957 Z.B.A. Members Mr. Lessard Town Board Members SuDervisor W. Pell Town Attorney FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL .... /~.~.~..,~.<'L.~.~ ? .............. PLEASE TAK~OTICE that your application dated ............... ~:~.~'..~'..., 19 .~ .-~ forpe ~ ....... ~ ......... ~ ......... ~:~ ........................ ~o~tion of ~op~nV .... ~. (~/. ?~ .? ...... ~':~.- .~: .......................... House No. Stmet Hamlet co..,~ ~ ~. ~o. ~00o s~t~o. .... ~.?. ..... .~o~ ...... ~ ...... ~o~ ...~..~ ....... Subdivision .... Filed ~ap No ................. Lot No .................. ~. ~...? ?:~?~,.'~.. ~. ~¢-~ ~. ............... ~,.¥~..~... ~ f~ :.~. f, Building Inspector RV 1/80 TOWN OF SOUTHOLD, NEW YORK ~l~1~0; 1983 APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ~'"'~)7~/ ]'0Wll {11~ ~l~lilti01iJ DATE .J~.,..~..~ ~ ~ TO THE ZONING BOARD OF APP~LS, TOWN OF SOUTHOLD, N. Y. /~, ~ ~. ~~ ~mU..~.~,....~Q.~.~ ..................... ], (We) r'" T-~;~;"~ Ap~;ll;,nt [_ . Street and Number · .~.~..~.~ .......... ~.~.~.~....~.~Z~.~.,.~Z~..~!.~ ............ HERE,Y APPEL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPL,CATION EOR PERM,T No ..................................... DATED ...//O~.._b..:..~.~ ............... ! WHEREBY THE BUILDING INSPECTOR DENIED TO N '' ~"~'~'l~licant for pe;~i;'I ........ i ..... o~ ..:2'~z~..:~..P... ..................... d~..,r.~/... ............... ~.: ......... : ............ Street and Number Municipality ~'ate ( ) PERMIT TO USE () PERMIT FOR OCCUPANCY () LOCAT,ON OF T.E PROPERTY ..~.~..,~).~,.,../Z~/L..~..~.~ ....... ~.x./.~d./:......:. Street Use District on Zoning Map 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.) 3. TYPE OF APPEAL Appeal is made herewith for (~/;f A VARIANCE to the Zoning Ordin.once or Zoning Map ( ) 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 appeal (has) (has 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 FOR APPEAL ( ) A Variance to Section 280A Subsection 3 )/A Variance to the Zoning Ordinance ( is requested for the reason that ~'orm zB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unqeces- sary HARDSHIP because 'V~ OqCLEL) PrfSOb~Z bi tI6O~OTH.S /~6-O ~kJD DPO~E TO ~ D-F_.~TUF_.~f~IO F~Orrq 8~-3, ~OT T0 dSAE r~+i5 OuOPa~ 2. The h~rd~hip creoted is UNIQUE end is not shored by oil properties ~like in t~e immediQte)~ vicinity o' this property .nd in this use district bec~use~ ~LVERS m4O~ h ~ 6U~ss 5~b. t~ ~ CO~ ~OUuD ' 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because ~-- COUNTY OF~ ) Sworn to this ............. /..(~....~-~-~ ............... day of~.....~ ................ 19 ~y PUBLIC, St:t~ of New ~0. 5~-81t5850, suffotk cl~~ Te~m ~x~hes ~/,zrch 30, I(c,~.. 7 7 7- t 3U~.~VEEYED ~"F .'F-OWN O~ ~ou'r~c~_o , N.Y. APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J, DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAO- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11g?1 'FEI FPHONE (516) 765-1809 March 14, 1983 Poppi and Irene Papadakis 26165 Main Road, Box 28 Orient, NY 11957 Re: Appeal No. 3072 Application of Poppi and Irene Papadakis Dear Sir or Madam: Attached herewith is a copy of the official findings and determination rendered on Saturday, March 12, 1983 and filed with the Office of the Town Clerk this date concerning your variance application. Yours very truly, Enclosure Copy of Decision to Building Department GERARD P. GOEHRINGER CHAIRMAN inda F. Rowalski Secretary APPEALS BOARD MEMBERS GERARD P. GOEHRiNGERi CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, .IR. ROBERT .1. DOUGLASS 'IOSEPH H. SAWICKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 c~OUTHOLD, L.I., N.Y. 11cj'71 TEl FPHONE (516) 765-1809 March 14, 1983 Mr. Gerald G. Newman, Chief Planner Suffolk County Department of Planning Veterans Memorial Highway Hauppauge, NY 11787 Re: Appeal No.3072 Papadakis S.C.P.D. File No. SD-83-2 Dear Mr. Newman: For your records, we are decision recently rendered by matter. enclosed herewith a copy of the the Board of Appeals in the above Thank you for your consideration. Yours very truly, Enclosure (s) GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Secretary COUNTY OF SUFFOLK DEPARTMENT OF PLANNING (516) 360-5513 L, EE E. KOPPELMAN Town of Southold Board of Appeals March 7, 1983 Applicant: Mun. File No.: $.C.P.D. File No.: Poppi & Irene Papadakis 3072 SD-83-2 Gentlemen: Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the above referenced application which has been submitted to the Suffolk County 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. Co~nments: Appears inappropriate as sufficient i~formation has not been submitted to demonstrate compliance with applicable use variance criteria. GGN:Jk Very truly yours, Lee E. Koppelman Director of Planning Gerald G. Newman Chief Planner The Zoning Board of Appeals Southold Township Town Hall Main Road, Southold Orien~ February 28, 1983 Re~ Application fo£ Variance Irene's European Skin Care Clinic Gentlemen: I attended your meeting of February 4, and have therefore been disconcerted to see an advertisement in the Suffolk Times indicating that, contrary to your advice at that meeting to close pending the result of your deliberation, Irene's European Skin Care Clinic continues to operate. I am made nervous by the confusion about the issue, revealed by Mr. Miller's article in the ~imes. If the variance was applied for by mistake, has the application been withdrawn and a new ~fuest submitted for a decision by you as to whether this service would be appropriate under the guidelines for professions in the home? The result of the mistake made by applying for a variance would, if it were to be granted, be very serious for Orient. It would be to convert a residence of some antiquity to a commercial property, which could then be sold as such. This would be disturbing in itself; the precedent it would set would be more disturbing still. Sincerely yours, Fredrica Wachsberger Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 c::OUTHOLD, L.I,, N.Y. 11971 TELEPHONE (516) 765-1809 Pursuant to Article XIII of the Suffolk County Charter, Board of Appeals of the Town of Southold, New York, hereby the following to the Suffolk County Planning commission: XX Variance from the Zoning Code, Article III , Section __ Variance from Determination of Southold Town Building Inspector __ Special Exception, Article , Section Special Permit the refers 100-30 Appeal No.: 3072 Applicant: POPPI & IRENE PAPADAKIS Location of Affected Land: 26165 Main Road, Orient, NY County Tax Map Item No.: 1000-18-03-023 Within 500 feet of: __ Town or Village Boundary Line __ Body of Water (Bay, Sound or Estuary) XX 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. COMMENTS: Applicant is requesting permission to establish skin care clinic business in this A-Residential District. Public Hearing was held and closed 2/4/83 pending deliberations. Copies of file and verbatim minutes enclosed for your perusal. Copies of Town file and related documents enclosed herewith for your review. Dated: March 1, 1983. ~~),~/~_~ ~ ' ~ec~etary, Boar~ of Appeals Southold Town Board iAppeals -29- Februar 1983 Regular Meeting' PUBLIC HEARING: Appeal No. 3072. Application of IRENE AND POPPI PAPADAKIS, Main Road, Box 28, Orient, NY for a Variance to the Zoning Ordinance, Article III, Section 100-30 for permission to use part of residence for a skin care clinic at 26165 Main Road, Orient, NY; County Tax Map Parcel ID No. 1000-18-03-023. The Chairman opened the hearing at 9:31 p.m. and read the legal notice of hearing in its entirety and appeal application. MR. CHAIRMAN: We have a copy of thc survey made by Roderick VanTuyl, P.C. dated October 4, 1976 showing the home which is the nature of this application, or a portion thereof, and I have a copy of the Suffolk County Tax Map indicating this property and the surrounding properties in the area. Would somebody like to be heard in behalf of this application? IRENE PAPADAKIS: I'm Irene Papadakis. I have some letters here to add from some clients of mine. (M~s. Papadakis read each letter.) "...To Whom It May Concern: It has come to my attention that there is some controversy about Irene's Skin Care Clinic in Orient. I am a client of Irene's and feel there is a definite need for this type of service in our town. The type of person using Irene's talents and facilities is hardly one who would be a disruptive force in the community. Please consider any objections raised as inconsequential. you for your assistance in this matter. Thank Yours very truly, /s/ Beatrice Farber .... " MS. PAPADAKIS continued: Again, addressed to the Town of Southold: "...Dear Sirs: I am writing to you concerning Irene's European Skin Clinic, 28 Main Road, Orient, NY owned and operated by Ms. Irene Papadakis. I am one of Ms. Papadakis' clients at her skin care clinic and I thoroughly enjoy my sessions with her. They are both relaxing and important to people who care about their appearance. Irene's Skin Care Clinic is also one of the very few places that offer skin treatments, etc. on this end of the Island, which would mean if it weren't for them one would have to travel into the City. In a time where our town is so it's important to meet all people's needs. just how important I~ene's Skin Care Clinic needs. Thank you for your time. Sincerely yours, /s/ Deborah Barszczewski .... " successfully growing, I think I hope you will consider can be to a lot of people's ?outhold Town Boar~ Appeals -30- Februar' t' 1983 (Appeal No. 3072 - Irene & Poppi Papadakis, continued: Regular Meeting MS. PAPADAKIS continued: Here is one more: "... Southold Town Hall: We feel there is a need for a skin & body care clinic at the East End of Long Island. Irene's will be a great value to the community... Very truly yours, /s/ Gertrude L. Poulson .... " Those are the three letters I have. MR. CHAIRMAN: We will need copies of those for our file, or if it is all right, take the originals and give you copies back. MS. PAPADAKIS: I don't believe I'll be needing the originals. I have signatures here of persons. I've gone to Board of Commerce meetings, approximately two or three Mondays ago, and I have signa- tures here of persons I spoke to about this matter, and which you can also use. And I spoke to my lawyer, Mr. Price, and he gave me a little piece of the Southold Code stating: not "...Home Occupations, provided that: (a) No display of goods is visible visible at all; from the street, and it is (b) Such occupation is incidental to the residential use of the premises and is carried on in the main building by the resident therein with no more than one resident assistance. I don't have have in my residence.., just me. (c) Such occupation is carried on in an area not exceeding 30% of the area of one floor of the main building. And it does not exceed that. (d) There shall be no exterior effect at the property line, such as noise, traffic, odor, dust, smoke, gas, fumes or radiation. Now - there will be no noise because, the equipment, the only noise you will hear is us talking actually. No traffic because I will be the only one working there. And the lady outside stated, what happens whe~ the business grows. I'm not planning on hiring anybody. From past experience I've learned that, no way I can manage with one the same way that I can. It will be me and my sister after school, she'll take over the phone. And that's it. And that's official for me. I never wanted a big business and bringing in a lot of people working for me and cause a lot of traffic. The most would be four or about five cars a day. It's just going to be one person. And the last one: ~outhold Town Board~ Appeals (Appeal No. 3072 - Irene & Poppi Papadakis, MS. PAPADAKIS continued: (e) Studios where ... no, excuse me. -31- Februar' 1983 Regular Meeting continued:) Odor. No odor whatsoever. No dust; no smoke; no gas, fumes or (e) Studios where dancing or music instruction is offered in excess of five pupils at one time, or where concerts or recitals held, are prohibited. This one has nothing to do with me at all. And if you have any questions, we'll be glad to answer. MR. CHAIRMAN: Yes, what percentage of the business is basically devoted to the actual total square footage of the ground floor of the house? MS. PAPADAKIS: We don't know. MR. CHAIR~tAN: Could you supply us with that information? Do you know what I mean by that question? MS. PAPADAKIS: How wide the house itself is? MR. CHAIRMAN: No. POPPI PAPADAKIS: 90 by 65, the building. MR. CHAIRMAN: We have to know how much area you have devoted to the skin care clinic. MS. PAPADAKIS: is that it? MR. CHAIRMAN: second. radiation. to groups are Would you like some of the measurements of the rooms, Yes. You don't have to give it to us right this MS. PAPADAKIS: mately. We're using three. MR. CHAIRMAN: And you'll time? The whole main floor consists of nine rooms approxi- let us know the size of those rooms some MS. PAPADAKIS: Yes. MR. CHAIR14AN: Is there a waiting room? MS. PAPADAKIS: ~4.~Z_.14, both rooms, approximately and a small bathroom. These three rooms were there. Just the paneling and the tile on the wall and the carpeting and the desk and equipment. MS. PAPADAKIS: My father has it. He has it because he did the work on the wall, and we put the carpeting in so he knows how much it is. ~outhold Town Board Appeals -32- Februar 1983 Regular Meeting (Appeal No. 3072 - Irene & Poppi Papadakis, continued:) MR. CHAIRMAN: Included in this two 14 by 14 rooms? MS. PAPADAKIS: Yes. One is the clinic, actually the equipment is, and one is the waiting room. MR. CHAIRMAN: Thank you very much. Ail right. The second ques- tion I have, what type of license to you have, Ms. Papadakis? MS. PAPADAKIS: Yes. State Board license. New York State. MR. CHAIRMAN: Do you have any additional Health Department approvals for this clinic? Is there anything that would require additional Health Department approval where you would need an addi- tional cesspool or additional well, or whatever the case might be? MS. PAPADAKIS: Perhaps I should have my father-- Would you ask the question again, please? MR. CHAIRMAN: Would this skin care clinic require any additional cesspools other than what you have within the house now? MR. PAPADAKIS: No. We don't use any water. MS. PAPADAKIS: My father is a construction worker so he would be able to explain-- MR. PAPADAKIS: For this business. MR. CHAIRMAN: No additional cesspool? MR. PAPADAKIS: We don't need it. MS. PAPADAKIS: The only, as I said, it's not going to be a heavy load. It's only going to be a few persons per day. Very little water use. So I don't understand what the problem is there. MR. CHAIRMAN: }lave you devoted any parking spaces to the clinic at all? MS. PAPADAKIS: There's plenty of room on the property. have a garage now that's been there. So they can park out there. MR. CHAIRMAN: You don't have any idea how many parking spaces-- let's assume you had five people at one time, do you have room for five cars? MS. PAPADAKIS: That's impossible first of all. MR. CHAIRMAN: Everything would be done by appointment? MS. PAPADAKIS: Yes. Definitely. That's what I'm It will not cause too much traffic because I have it by and I leave room from one client to the other. trying to say. appointments MR. CHAIRMAN: Thank you. Is there anybody else that would like to speak in behalf of the application? (None) Anybody against the application? If there are any spokesman for any specific group, I'll Southold Town Board Appeals _ 33- Februar. 1983 Regular Meeting (Appeal No. 3072 Irene & Poppi ?apadakis, continued:) MR. CHAIR/%AN continued: take those first. Sir? ROBERT HUGHES: Mr. Chairman and members of the board. I'm Robert Hughes from Orient. I have a petition here which I will come to in a few moments. Irene Papadakis has obtained an operator's license to practice skin care and cosmetology. This is not a license to operate a beauty parlor or skin clinic. The Department of State which gives us this information has no record of Irene's European Skin Care Clinic. I've dealt with State Departments before...there may be an application in the way...I don't know. So we ask, does Irene Papadakis have a license from the State to operate a skin care clinic? Does she have a partnership or a trade name certificate as it is on file with the County Clerk. If she does have a State certificate, has she met the plumbing, electrical and other require- ments of the Town? Here is the petition which is signed 205 people from Orient only, unlike the petition that Ms. Papadakis had circulated at the Chamber of Commerce. "...We the undersigned residents of Orient, urge the board to reject the application of Irene Papadakis for a variance to incorporate a "European Skin Care Clinic" into her residence on Route 25 in Orient. We in Orient are proud of our hamlet, its traditions, its unique blending of residential and agricultural. This commercial effort to encroach on a residential area must be denied. A variance would be destructive immediately and further set a dangerous precedent for the future .... " (Mr. Hughes submitted the 205-name petition for the record.) MR. CHAI~4AN: Would anybody else like to speak against the application? Mr. Bear? F~ANKLIN BEAR: I'm speaking on behalf of the North Fork Envir- onmental Council as a substitute for Ruth Oliva as the President. This type of business is not in accordance with the type of life that goes on in the Hamlet of Orient and it should not be allowed because it could set a precedent which would lead to more types of business. This is the type of thing that could be very well carried on in Greenport. There's no reason why this type of business couldn't be carried on in the East End of Long Island without hav- ing it in Orient itself. One of the things that concerns us is the fact that this is being done at a very time that the town planners are in the process of it being updated. Lots of things are going on in this town right now which could and very well likely will affect the type of town plan that will come out of this effort to update it because things will already be done and will set a precedent which will keep the town plan from, let's say, zonin~j something one way or another. We feel thau something of this kind should not be allgwed Southold Town Board Appeals _ 34- Februar 1983 Regular Meeting (Appeal No. 3072 - Irene & Poppi Papadakis, continued:) MR. BEAR continued: and for one thing, because of the nature of the area and for another thing, because now is not the time to start something new while the town plan is being in the process of being updated. We would like to ask this board to deny this application. Thank you. MR. CHAIRMAN: Thank you, Mr. Bear. Would anybody else like to speak against the application? Yes, ma'am? PAT LUKEMAN: I believe everybody can hear me from here. I'm Pat Lukeman from Orient, and I'd like to state on my behalf and on behalf of many people that I've spoken with...I thank Mr. Hughes really for getting up that petition. I believe petitions are some- thing, but if people don't really come to meetings and state their opinions, then they mean nothing. I'm asking the board to deny this petition for the simple reason that Orient is a Hamlet where there are no commercial businesses outside of the Candyman and I believe he is the only one in Orient that operates as a commercial establish- ment. All the others are nonconforming. I believe also that once we let one person operate without any permission and give them the opportunity to circumvent the law, sort of speak, we're in trouble. And I'd ask the board to please contact lawyers and back up their statement when they deny this petition, because we might be in a position now where we're faced with lawyers from New York City or any other place and we'd be in big trouble. And we also, with respect to the last 20 years, we need a Master Plan. And until this Master Plan is formed, I think it behooves us to stop any develop- ment whatsoever...not only in Orient, and East Marion, but all of Southold Town. Thank you. MR. CHAIRMAN: Thank you, Mrs. Lukeman. Anybody else like to speak against the application. Yes, ma'am. MS. WAXBURGER: I'm a homeowner in Orient and while I feel badly if the Papadadis are operating under a misunderstanding about the procedures they had to go through, I feel that just to express a personal feeling about it apart from my very strong commitment to the historic nature of Orient that I think the precedent would be very dangerous. It would make me feel insecure in that I wouldn't know whether a commercial property might open next door to me or I think it would create a very strang feeling for people who were looking to buy in Orient not knowing whether something might open next to them or the possibility that people might buy in Orient under the guise of buying a residential property with the intention of getting a variance and opening an establishment if the set of a precedence could be that easily gotten fo convert residential to commercial property. MR. CHAIRMAN: Thank you. Would anybody else like to speak against? Mr. Hughes again. MR. HUGHES: Yes, I would like to submit to you an application form from the State of New York that must be filled out by someone operating a beauty shot~ and there's several various important items Southold Town Board Appeals - 35- Februar 1983 Regular Meeting (Appeal No. 3072 - Irene & Poppi P.~padakis, continued:) MR. HUGHES continued: in it conforming to local laws, regulations and whatnot, and it's very stringent and it's filed under threat of perjury. If you haven't seen it, you might want it for the file. (Mr. Hughes submitted a copy of the State of New York, Department of State, Division of Licensing Services, Form Rl14-790(5/78) for the file.) MR. CHAIRMAN: Thank you very much. Is there anybody else that would like to speak against the application? (None) Irene, could we ask you some additional questions? Could you maybe bring those peti- tions up with you for the file? MS. PAPADAKIS: Would you like these now? MR. CHAIRMAN: And the letters, yes. Thank you. Is this Skin Care Clinic operating at this present time? MS. PAPADAKIS: Yes. MR. CHAIRMAN: It is. You are aware of the fact that you don't have a license to operate or you don't have permission to operate it on the site at this particular time? MS. PAPADAKIS: Yes, sir, but the day that we came to the Building Inspector, we told him about everything that we--the flyers and the ads and everything, and people that have called me so far-- and the gentleman sitting over there (Mr. Lessard), I don't remember his name, he says, "Just go ahead with your plans as normally you would until you open and until you come in to the Board of Appeals, and then we'll see what happens when they decide for you." MR. CHAIRMAN: In answer to Mr. Hughes' question, did you fill out one of these applications to operate your skin care clinic? MS. PAPADAKIS: No. MR. CHAIRMAN: If this falls within the jurisdiction of that? MS. PAPADAKIS: No, I haven't. MR. CHAIRMAN: You have not. MS. PAPADAKIS: I would like to say something about the lady that mentioned she called the State Board of Licenses and the busi- ness is not written down as Irene's Skin Care Clinic. That's because it wasn't. We're just starting it now. And I came up with a name, and when I called four months ago, a gentleman said, we need a State Board License and we would have the permit for you in a matter of two-five days, then you can work. Give us the name. He says as long as the name is not the same as anybody else's business. Of course there's no other skin care clinic around. So any name I used would have been fine. As far as the lady's concern, but the plumbing is as was, it is safe, it's been inspected by my father and Southold Town Board Appeals _36- Februar' 1983 Regular Meeting (Appeal No. 3072 Irene & Poppi Papadakis, continued:) MS. PAPADAKIS continued: his co-worker who is a plumber, and the electricity as well. Now I don't understand why they're worried that if I open up, it will become commercialized. I spoke to Mr. Price, and he says if I decided to sold the house, it will be as it was before, residential. Am I right? I mean I'm curious as well. MR. CHAIRMAN: Anything that this board grants goes along with the land. So if this board were to so grant an application, it would change the nature of your property. You would have dual use. You would have two uses. You saw me ask this gentleman how many uses he had on his property, prior to your application, and he said to me, "Two." Residence. A business. You would have a similar situation. You would have a business. And you would have a residence. You would have two uses where you legally really only have one use right now, and that is only residential. Ok. You're in an A-Zone. MS. PAPADAKIS: I understand. But let's say if everything, if I do open, with your understanding, if I open, will that area ever become con~ercialized and bring in more businesses? Because that's most of these people here are worried. MR. CHAIRMAN: I can't answer that question, all right. It's beyond my scope at this particular point. All I can say is that we appreciate everybody's information, including yours, and we will take everything into consideration. We do have 60 days to make a decision on this application. This board does not agree with the Building Department's interpretation where they feel that you can continue your business. We don't think that you should continue your business. Based upon some determination, we think you should cease operating your business until such time that there is a determination, and whatever that determination may be, we'll see, within the 60-day period. MS. PAPADAKIS: Is there any information that you would like me to come back with, or will I get a letter stating-- MR. CHAIRMAN: You will get a letter within a specific period of time indicating a decision if it was granted or denied, and if it was granted what the conditions are, and if it were denied what the conditions are. Member Grigonis would also ask that you look into the licensing situation. MS. PAPADAKIS: I definitely will. MR. CHAIRMAN: Ok, thank you. Does anybody else wish to comment? Mr. Hughes, did you have anything else you would like to say? Anybody else? MRS. LUKEMAN: In other words, is she allowed to operate now for the 60 days until you give a decision? MR. CHAIRMAN: The unique part, Mrs. Lukeman, about the Board of Appeals is that we have the right to vary, if we see fit, any zoning code laws the exist in the code book in Southold Town. We are, however, ,Southold Town Boar¢ Appeals -37- February, 1983 Regular Me~'ting (Appeal No. 3072 - Irene & Poppi Pa~adakis, continued:) MR. CHAIRMAN continued: not an enforcing agency. The enforcing agency is the Building Depart- ment, and it is my opinion, as I just mentioned to Ms. Papadakis, that we feel that she should cease and desist in operating this business until such time that there is a determination from this particular board...ok, be whatever that determination is. MRS. LUKEMAN: Thank you. MR. CHAIRMAN: You're very welcome. MS. PAPADAKIS: May I ask one thing, please? MR. CHAIRMAN: Surely. MS. PAPADAKIS: When one lady just said, that I didn't contact, felt that I didn't contact everyone--anyone. I did. We called from New York before we decided to move here permanently. We had this house for two years. The gentleman over the phone, I don't care who he was, it doesn't make a difference about his name, because he was from Town Hall, the licensing services. He told me just bring your State Board License, bring your permit and then tell us what name you would want in the business, that you cannot open up. I did contact somebody. We didn't just move here and spend $20,000 without contact someone and ask about the law. MR. CHAIRMAN: What licensing, specifically licensing department when you refer to "bringing in my license." MS. PAPADAKIS: When I called up the Southold Town Hall. MR. CHAIRMAN: Yes, but what licensing department are you speci- fically talking about when you said, "I have to bring in my license." MS. PAPADAKIS: State Board License Operating License. For skin care and hairdressing, in spite what the gentleman says...that includes hair, make-up, skin care in that one license. MR. CHAIRMAN: Mr. Hughes? MR. HUGHES: Yes. As it was explained to me by the Department of State, an Operating license gives the recipient the right to go to work, and that may be a beauty parlor, or another beauty parlor, but it does not have anything at all to do with operating a shop-- you don't even have to have an operator's license to Operate a shop--you would be a business. MR. CHAIRMAN: Do you understand what he said? MS. PAPADAKIS: Yes. MR. CHAIRMAN: And you certainly have not gone to the County Clerk's Office as Mr. Hughes had mentioned and filed your name of your business with anybody in Suffolk Count]', is that correct? Southold Town BoardO Appeals _ 38- Februar 1983 Regular Meeting (Appeal No. 3072 Irene & Poppi Pa~adakis, continued:) MS. PAPADAKIS: That's correct. MR. CHAIRMAN: Mr. Lessard, do you have any questions? MR. LESSARD: I would ask somebody there are any doctors, lawyers, dentists a business? Real estate? from Orient whether or not living in Orient and running MRS. LUKEMAN: Floyd King has a real estate in Orient. been there for centuries. He has MR. LESSARD: Ail right. Thank you. MRS. LUKEMAN: Professional people? I don't think we have a doctor in Orient. Wish we did but we don't. (There was some discussion by Ms. Papadakis to Mrs. Lukeman about professionals vs. skin care clinic, but the statements were not audible.) MR. CHAIRMAN: Irene, you're going to have to say it a little bit louder. This is all electronically taped. Ok? MS. PAPADAKIS: From what I understand they won't object to a doctor, but they would object to an ~,~tician, what every woman needs...whether she wants to believe it or not. MR. CHAIRMAN: Ok. Thank you. Any further comments? Hearing no further comments, I'll make a motion closing the hearing and reserving decision. MEMBER DOUGLASS: Seconded. On motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, to close the hearing and reserve decision in the matter of Appeal No. 3072, application of IRENE & POPPI PAPADAKIS. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. DATE FOR NEXT REGULAR MEETING: seconded by Mr. Grigonis, it was On motion by Mr. Sawicki, RESOLVED, be and hereby is SCHEDULED FOR FRIDAY, FEBRUARY 25, 1983 commencing 7:30 p.m. at the Southold Town Hall, Main Road, Southold, New York. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. that the date of the next Regular Meeting of this Board at '0 ~)m4'~ tlq~'7 1I~17 l? · January 31, 1983 Southold Board of Appeals Southold Town Hall Southold, New York 11971 To Whom It May Concern: It has come to my attention that there is some controvers~ about IRENE'S SKIN CARE CLINIC in Orient. I am a client of IRENE'S and feel there is a definite need for this type of service in our town. The type of person using IRENE'S talents and facilities is hardly one who would be a disruptive force in the community. Please consider any objections raised as inconsequential. Thank you for your assistance in this matter, Yours very truly, Beatrice L. Farber Beatrice Lo Farber 1640 Long View Lane Southold, New York 11971 / Southo!d Zoning Board Town Hall Southold N.Y. 11971 of ApDeals We the undersigned residents of Orient urge the Board to rejec~ the application of Irene Papadakis/~oppi Papadakis for a variance to incorporate a "European Skin Care Clinic" into her residence on Route 25 in Orient. We in Orient are proud of our han~let, its traditio~ns, its _unique blending of the residential and agrictultural. This^effort to encroach on a residential area must be denied. A variance wotuld be destructive immediately and further set a dangerous precedent for the future. Address Southold Zoning Board Town Hall Southold N.Y. 11971 of Appeals We the undersigned residents of Orient urge the Board to reject the application of Irene Papadakis/~oppi Papadakis for a variance to incorporate a "European Skin Care Clinic" into her residence on Route 25 in Orient. We in Orient are proud of our hamlet, its traditions, its ~u~iq~e blendiHg of the residential and agricultural. This~effort to encroach on a residential area must be denied. A variance would be destructive immediately and further set a dangerous precedent for the future. Address Southold Zoning Board of Appeals Town Hall Southold N.Y. 11971 We the undersigned residents of Orient urge the Board to rejec~ the application of Irene Papadakis/~oppi Papadakis for a variance to incorporate a "European Skin Care Clinic" into her residence on Route 25 in Orient. We in Orient are proud of our hamlet, its traditions, its~un~q~e blending of the residential and agricultural. Thls^efform to encroach on a residential area must be denied. A variance would be destructive immediately and further set a dangerous precedent for the future. N~me Address II Il Southold Zoning Board of Apoeals Town Hall Southo!d N.Y. 11971 We the undersigned residents of 0rient urge the Board to rejec't the application of Irene Papadakis/~oppi Papadakis for a variance to incorporate a "European Skin Care Clinic" into her residence on Route 25 in Orient. We in Orient are proud of our hamZet, its traditions, its unique blending of the residential and agricultural. This~effort to encroach on a residential area must be denied. A variance would be destructive immediately and further set a dangerous prec'edent for the future. Address Southold Zoning Board Town Hall Southold N.Y. 11971 of Apoeals · We the undersigned residents of Orient urge the Board to reject the application of Irene Papadakis/~oppi Papadakis for a variance to incorporate a "European Skin Care Clinic" into her residence on Route 25 in Orient. We in Orient are proud of our hamlet, its traditions, its~un~que blending of the residential ~nd agricultural. encroach on a residential area must be denied. A variance would be destructive immediately and further set a dangerous precedent for the future. Name Address Southold Zoning Board of Apoeals Town Hall Southold N.Y. 11971 We the undersigned residents of Drient urge the Board to reject the application of Irene Papadakis/~oppi Papadakis for a variance to incorporate a "European Skin Care Clinic~' into her residence on Route 25 in Orient. We in Orient are proud of our ham2et, its traditions, its unigue blending of the residential and agricultural. This~effort to encroach on a residential area must be denied. A variance would be destructive immediately and further set a dangerous precedent for the future. Name Address Southold Zoning Board of Appeals Town Hall Southold N.Y. 11971 We the undersigned residents of Drient urge the Board to reject the application of Irene Papadakis/~oppi Papadakis for a variance to incorporate a "European Skin Care Clinic" into her residence on Route 25 in Orient. We in Orient are proud of our ham/et, its tradition,~A~Ey~ique blending of the residential and agricultural. ThisMeffort to encroach on a residential area must be denied. A variance would be destructive immediately and further set a dangerous precedent for the future. Nsme Address Southold Zoning Board of Apoeals Town Hall Southold N.Y. 11971 We the undersigned residents of Orient urge the Board to reject the application of Irene Papadakis/~oppi Papadakis for a variance to incorporate a "European Skin Care Clinic~' into her residence on Route 25 in Orient. We in Orient are proud of our hanLlet, its traditions, its unique blending of the residential and ag~icttltural. ThisNeffort to encroach on a residential area must be denied. A variance would be destructive immediately and further set a dangerous precedent for the future. Address Southold Zoning Board Town Hall Southold N.Y. 11971 of Appeals We the undersigned residents of Brient urge the Board to reje,t the application of Irene Papadakis/$oppi Papadakis for'a variance to incorporate a "European Skin Care CliniC' into her residence on Route 25 in Orient. We in Orient are proud of our hamlet, i~s traditions, its unique blending of the residential and agricultural. This effort to encroach on a residential area must be denied. A variance wou~d be destructive immediately and further se~ a ~ng~rous precedent for the future. Ms,me Address Southold Zoning Board of Apoeals Town Hall Southold N.Y. 11971 We the undersigned residents of Orient urge the Board to reject the application of Irene Papadakis/~oppi Papadakis for a variance to incorporate a "European Skin Care Clinic" into her residence on Route 25 in Orient. We in Orient are proud of our ham2et, its tradition_s, its uniq~e~ blending of the residential and agricultural. This~effort to encroach on a residential area must be denied. A variance would be destructive immediately and further set a dangerous precedent for the future. Name Address Southo!d Zoning Board Town Hall Southold N.Y. 11971 of Apoeals We the undersigned residents of Orient urge the Board to reject the application of Irene Papadakis/~oppi Papadakis for a variance to incorporate a "European Skin Care Clinic" into her residence on Route 25 in Orient. We in Orient are p~oud of our hamlet, its traditions, its unique blending of the residential and agricultural. This^effort to encroach on a residential area must be denied. A variance would be destructive immediately and further set a dangerous precedent for the future. Name Address Southold Zoning Board Town Hall Southold N.Y. 11971 of Appeals We the undersigned residents of Orient urge the Board to reject the application of Irene Papadakis/~oppi Papadakis for a variance to incorporate a "European Skin Care Clinic,' into her residence on Route 25 in Orient. We in Orient are proud of our hanLlet, its traditions, it~ou~ique blending of the residential and agrlcu!t~ral. ~ls~=~for~ encroach on a residential area must be denied. A variance would be destructive immediately and further set a dangerous precedent for the future. ' Name Address Southold Zoning Board Town Hall Southold N.Y. 11971 of Appeals We the undersigned residents of Orient urge the BOard to rejec.t the application of Irene Papadakis/~oppi Papadakis for a variance to incorporate a "European Skin Care Clinic" into her residence on Route 25 in Orient. We in Orient are proud of our ham2et, its traditionst it~s~uniQue olending of the residential and agricultural. This~effort to encroach on a residential area must be denied. A variance would be destructive immediately and further set a dangerous precedent for the future. Name Address Southold Zoning Board of Appeals Town Hall Southold N.Y~ 11971 We the undersigned residents of Brient urge the Board to reject the application of Irene Papadakis/~eppi Papadakis fora variance to incorporate a "European Skin Care CliniC' into her residence on Route 25 in Orient. We in Orient. are proud of our hamlet, its traditions, its unique blendiHg of the residential and ag~icu!tural. This effort to encroach on a residential area must be denied. A variance woul~ be destructive immediately and further set a ~angerous precedent for the future. Name Address Southold Zoning Board of Appeals Town Hall Southold N.Y. 11971 Q We the undersigned residents of Brient urge the Board to reJee~ the application of Irene Papadakis/~oppi Papadakis for~a variance to incorporate a "European Skin Care CliniC' into her residence on Route 25 in Orient. We in 0rient~ are proud of our hamlet, i~s tradi,~ons,~i~s~unique blendim_g of the residential and agricultural. ~'~?e~ to encroach on a residential area must be denied. A variance would be destructiv~ ~mmediately and' further set a ~angerous precedent the future. N~me Southold Zoning Board of Appeals Town Hall Southeld N.Y. 11971 We the undersigned residents of Drient urge the Board to reject the application of Irene Papadakis/~oppi Papadakis for a variance to incorporate a "European Skin Care Clinic" into her residence on Route 25 in Orient. We in Orient are proud of our hamlet, its traditions, its uniaue blending of the residential and agricultural. This~effort ~o encroach on a residential area must be denied. A variance would be destructive immediately and further set a dangerous precedent for the future. Name Address Southold Zoning Board of Apoeals Town Hall Southold N.Y. 11971 We the undersigned residents of Orient urge the Board to reject the application of Irene Papadakis/~oppi Papadakis for a variance to incorporate a "European Skin Care Clinic" into her residence on Route 25 in Orient. We in Orient are proud of our hamlet, its traditions, its unique blending of the residential and agricultural. This^effort to encroach on a residential area must be denied. A variance would be destructive immediately and further set a dangerous precedent for the future. Name Address Southold Zoning Board of ApDeals Town Hall Southold N.Y. 11971 We the undersigned residents of Orient urge the Board to rejec~ the application of Irene Papadakis/~oppi Papadakis for a variance to incorporate a "European Skin Care Clinic" into her residence on Route 25 in 0rien~. We in Orient are Droud of our hsztlet, its traditions, its unique blending o£ the residential and agricultural. This~e~Form mo encroach on a residential area must be denied. A variance would be destructive immediately and further set a ~angerous precedent for the future. Name Address Southold Zoning Board Town Hall Southold N.Y. 11971 of Apoeals We the undersigned residents of Orient urge the Board ~o rejec.t the apolication of Irene Papadakis/~oppi Papadakis for a variance to incorporate a "European Skin Care Clinic" into her residence on Route 25 in Orient. We in Orient are proud of our hanLlet, its traditi~ons, its ~uni~ue blending of the residential and agricultural. Th~'~TS~t~'~o encroach on a residential area must be denied. A variance would be destructive immediately and further set a dangerous precedent for the future. Name Address To: From; orandum from.... Southold Town Board of Appeals TOWN HALL, SOUTHOLD, N.Y. 11971 765-1809 OF ,4'1" 'T'c~N ~ 5ou'r'~,o..~ , LEGAL NOTICE NOTICE IS HEREBY GIVEN, 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 Public Hearings will be held by the Southold Town Beard of Appeals at the Town Hall, Main Road, Southold, New York on FRIDAY, FEBRUARY 4, 1983 com- mencing at 7:30 p.m. and as follows: 7:30 p.m. Application of FRANK TARULLI, 1540 North Bayview Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-90 for permission to construct accessory horse stable and staff one horse for personal use in this A- Residential District at 1540 North Bayview Road, Southold, NY;~County Tax Map Parcel ID No. 1{B0-79-06- 002.1. 7:35 p.m. AP~'~',~ion of LAST ASSOCIATES, ~u~ 7~r~, Cutchogue, NY for a Variar&~ Article III, Section 100-31 for permission to construct One- family dwelling with rodueed front and rear yard setbacks upon parcel located on the north side of Birch Avenue, Southold, NY; County Tax Map Parcel ID No. 1000-77-01- 021. 7:40 p.m. Application for GRACE E. KENNEY, 2020 East Gillette Drive, East Marion, NY for a Variance to the Zoning Ordinance, Article III, Sections 100-31 And 100-34 for permission to construct additions to existing dwelling increasing the lot coverage over the 20% allowable and reducing the front and rear yard setbacks~ at 2020 East Gillette Drive, East Marion, NY; Marion Manor Subdivision Map #2038' ~.^* frontya, d area at 1415 Harbor Lane, Cutchogue, NY; County Tax Map Parcel ID No. 1000- 97-06-010. 7:50 p:m. Application for EAST END SUPPLY CO., iNC., by Irving L. Price, ,.Ir., Esq., 628 Front Street, Grecnport, NY for a Special Exception to the Zoning Ordinance, Article VIII, Section 100-80B for permission to construct warehouse-office building in the '~C-Light" Industrial Zone. Location of Property: South side of Corwin Street, Greenport, NY; County Tax Map Parcel ID No. 1000-48-02-002 & 003. 6:00 p.m. Recessed Hearing: Appeal No. 2930: Application for SAL CAIOLA for condominium units at C.R. 48, Southold, NY. 8:10 p.m. Application of RONALD J. ROTHMAN, Box 678, Southold, NY (Owner: V. L'Epplattnier) for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct new dwelling with insufficient front and rear yard setbacks at Lakeview Avenue, Peeanic, NY; Peconic Shores Section II, Subdivision Lots 52-56 incl.; County Tax Map Parcel ID Nos. 1000-67-03-002, 003, 012 and 013. 8:15 p.m. Application of WILLIAM B. BERLINER, JR., Box 647, Mattituck, NY (Owner: B. Norris) for a Variance to the Zoning Ordinance, Article VII, Section 100-71 for permission to construct greenhouse addition with reduced sideyard setback at 105 Love Lane, Mattituck, NY; County Tax Map Parcel ID No. 1000- 141-04-031. 6:20 p.m. Application of JOHN & SABINA BASILE, 510 Custer Avenue, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition to existing dwelling with reduction in frontyard setback at 510 Custer Avenue, Southold, NY; Fairview Park Subdivision Map 3388, Lot 11; County Tax Map Parcel ID No. 1000-70-08- 033. 8:25 p.m. Application for JOSEPH & MARY GNOZZO, by Gary Flanner Olsen, Esq., Main Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article VI, Section 100-60 and Article XI, Section 100-118D for permission to reinstate nonconforming dwelling use for existing building in this B-Zone at 73265 Main Road, Greenport, NY; County Tax Map Parcel ID No. 1000-45-03-002. i~8E:30 p.m. Application of~ NE & POPPI PAPADAKIS, Main Road, Box 26, Orient, NY for a Variance to the Zoning Ordinance, Article Ill, Section 100-30 for permission to use part of residence for a skin care clinic at 26165 Main Road, Orient, NY; County Tax Map Parcel ID No. 023. Dated: January 13,1983. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN (By Linda Kowalski) 1TJ27-4160 COUNTY OF SUFFOLI~, ] STATE OF NEW YORK, ~ ss: · T.~oy..C3 .~s-~av.~n .................... being duly Sworr says that . .~.~ .. · is Printer and Publisher of the SUFFOL] WEEKLY TIMES, a newspaper published ~t Greenport, in smc county: and that the notice, of which the annexed is a printe( copy, has been published in the said Suffolk Weekly Time once in eoch week, for ......... ~..~.~. .............. wee~ successively commencing on the ...... .2.7..~.h. ............. day of .~?~.~'~ ..... ~. 1~.~.~--~ ........ .............. Sworn to before me this . ?.~..~... 1.. I ~ of ....... I .......... .......... EN, pursuant to Section 257 of the town Law and the Previ- sions of the Amended Code of the town of Southold, a Regu- lar Meeting and the following Public Hearings will be held bythe Soutbold Town Board of appeals at the Town Hall, Main road, Southold, New York on FRIDAY, FEBRUARY 4, 1983 commencing at 7:30 p.m. and as follows: 7:30 p,m. Application of FRANK TARUI~I~ 1540 North Bayview Road, Sonthold, NY for a Variunce to the Zoning Ordinance, Article IH, Section 100-03 for permission to con- struct accessory horse stable and staffone horse for person- al use in this A-Residential District at 1540 North Rayview Road, Southold, NY; County Tax Map Parcel ID No. 1000- 06-022.1. 7:35 p.m. Application of LAST ASSOCIATES, Box 796, Cutchogue, NY for a Variance to the Zoning Ordinance, Ar- ticle IH, Section 100-31 for permission to construct one- family dwelling with reduced front and rear yard setbacks upon parcel located on the north side of Birch Avenue, Southold, NY; Conty Tax Map Parcel ID No. 1000-77-01-021. 7:40 p.m. Application for GRACE E. KENNEY, 2020 East Gillette Drive, East Mar- ion, NY for a Variance to the Zoning Ordinance, Article HI, Sections 100-31 and 100-34 for permission to construct addi- tions to existing dwelling in- creasing the lot coverage over the 20% allowable and redu- cing the front and rear yard setbacks, at 2020 East Gillette Drive, East Marion, NY; Mar- ion Manor Subdivision Map #47; County Tax Map Parcel ID No. 1000-38-03-030. 7:45 p.m.' Application of GEORGE AND NATALIE WIESER, Harbor Lane, Cut- cbo~ue, NY for a Variance to the Zoning Ordinance, Article HI, Section 100-32 for pennis- sion to construct accessory garage in the frontyard area at 1415 Harbor Lane, Cutchogue, NY; County Tax Map Parcel IE No. 1000-97-06-010. 7:50 p.m. Applicatun for EAST END SUPPLY CO., 1NC. by Irving L. Price, Jr., Esq., 828 Front Street, Green- pert, NY for a Special Eacep- tion to the Zoning Ordinance, Article VHI, Section 100-80B for permission to construct warehonse-office building in this "C-Light Industrial" Zone. Location of Property: South Side of Corwin Street, Oreenpert, NY; County Tax Map Parcel 1D No. 1000-48.02- 002 & 003. 8:00 p.m. Recessed Hear- ing: Appeal No. 3061. ANITA M. SAMUELS: (1) Pool on vacant lot; (2) Approval of Access. 8:00 p.m. Recessed Hear- ing; Appeal No. 2930. SAL CAIOLA. To contruct condo- minium units at C.R. 48, Southold, NY. 8:10 p.m. Application of RONALD J. ROTHMAN, Box 878, Sonthold, NY (Owner: V. L'Epplattnior) for a Variance to the zoning Ordinance, Art- cie HI, Section 100-31 for permission to construct new dwelling with insufficient front and read yard setbacks at Lakeview Avenue, Peconic, COUNTY OF SUFFOLK sst STATE OF NEW YORK NY; Peconic, NY; Peconic Shores Section E, subdivision Lots 52-56 incl.; County Tax Map Parcel ID Nos. 1000-67- 03.002, 003, 012 and 013. 8:15 p.m. Application of WILLIAM B. BERLINER, JR., BOx 647, Mattituck, NY :Owner: B. Norris) for a Vari- once to the Zoning Ordinance, Article VH, Section 100-71 for permission to construct green. house ~ddition with reduced sideyard setback at 105 Love Lane, Mattituck, NY; County Tax Map Parcel ID No. 1000- 141.04-031. 8:20 p.m. Application of JOHN & 5ABINA BASIEL, 510 Custer Avenue, Southold, NY for a Variance to the Zoning Ordinance, Article HI, Section 100-31 for permission to construct addition to exist- ing dwelling with reduction in frontyard setback at 510 Cus- ter Avenue, Southold, NY; Faitview Park Subdivision Map 3388, Lot ll; County Tax Map Parcel ID No. 1000-70.08- 033. 8:25 p.m. Application for JOSEPH & MARY GNOZZO, by Gary Flanner OIsen, Esq., Main read, Martituck, NY for a Variance to the Zoning Ordin- ance, Article VI, Section 100- 60 and Article XI, Section 100-118D for pe~ission to reinstate nonconforming dwelling use for existing build- iog in this B-Zone at 73265 Main Road, Greenpert, NY; County Tax Map Parcel ID No. 1000-45-03.002. ~30 p.m. Application ~ · IRENE & POPPI PAPADA- K1S, Main KRoad, BOx 28, Orient, NY for a Variance to the Zoning Ordinance, Article IH, Section 100-30 for permis- sion to use part of residence for a skin care clinic at 26165 Main Road, Orient, NY; Coun- ty Map Parcel ID No. 1000-18- 03-023. 'Dated: January 13, 1983. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER* CHAHIMAN GERARD P. GOEHRINGER, CHAIRMAN (By Linda Kowalski) 1T-1/27/83(10) Patricia Wood, being duly sworn, says that she is the tar, of THE LONG ISLAND TRAVELER-WATCHMAN, ublic newspaper printed at Southold, in. Suffolk County; that the notice of which the annexed is a printed copy, been published in said Long Island Traveler-Watch- ~ once each week for ........................ ./. .............. weeks :essively, commencing on the ~L'~ ~ Swam to before me this ........... .~:~..?....~. .......... day of ....... . .,~...c.c.c.c.c.c.c.c~:....~....,?:.~....q ............. , 19.~.~.. OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD January 10, 1983 Town Hall, 53095 Main Road P.O. Box 728 Southold. New York 11971 TELEPHONE (5161 765-1801 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3072 application of Irene & Poppi Papadakis for a variance. Also included is notification to adjacent property owners; Short Environmental Assessment Form; Letter relative to N.Y.S. Tidal Wetlands Land-Use; Notice of Disapproval from the Building Department; and survey, &Judith T. Terry Southold Town Clerk JTT/bn Enclosures ~CEIV~ TOWN OF SOUTHOLD, NEW YORK ClAN ], pl gEBA3 FROM DECISION OF BUILDING INSPECTOR APPEAL NO.q,~7~..., so. , TO THE ZQNING BOA?DJ~F APPEALS, TOWN OF SOUTHOLD, NLy. // / o A~Sp~llant Street and Number ....... Municipality Stale THE ZONING BOARD OF APPEALS FROM THE DECISION OF THEABUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...//,.~'~/,~,....~,...,~.,,,~,,,'~.~ WHEREBY THE BUILDING INSPECTOR DENIED TO .................. ~ ,,~ ~ Name. of, J~ppJicant for permit . ~ , of .......................... S e a d Number Municipality Si~]te "7 ........ (~PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( ) I LOCATION OF THE PROPERTY'.,~.,.~?~.. ~.~, ~..~,~/-~ .~.~.~- ,.~..~..~_.~../~.,~" Street ( Use District on Zoning Map .... ...................................... ............ Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- sect~onpnd/Parograph of the Zoning Ordinance by number. Do not quote the Ordinance.) 3. TYPE OF APPEAL Appeal is made herewith for ( J~A VARIANCE to the Zoning Ordinance or Zoning Map ( ) 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 appeal (has) (has 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 (I/~A Variance to the Zoning Ordinance is requested for the reason that ~oz'm z]~ (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSH I P because ~t~]~ C~, L~'1 ~ ~OL~ TO ~ ~T~,~U g~O~ ~0~ HBLC IU 50d~OCg O0 ~ mO~t.~s ~O-o bd~UOT To He~~s 6cow.' ~vtJO L~ THE c~w ~, ' 2. The haraship created is UNIQUE and is not shared by all prope~ies ~like in the immediate ~c~nity of this property ~.d i. thi, u,~ di,trict bec~.,e 3. The Verience would observe the spirit of the~rdin~nce end WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because t~, STATE OF NEV),~ORK ) // ,/ ) ss ...... COUNTY O ) Sworn to this ................. Z.~ ......... day of ........ fl0TAB¥ pUBLIC, State of New York t~o. 52-8125850, Suffolk CH Term [xplm~ t~rch 30, BOARD OF APPEALS, TOWN OF SOUTHOLD /~ln the Matter of the Petition of. : I : to the Board of Appeals of the Town of Southold : TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Tha~_t ills t~.h~ inte.~l~.io~L~f the undersigned to petition the Board of Appeals of the Town of Southold to request a(Variance~~l~tio~ (Special Permit) (Other) [circle choice] 2. That the property which ~ the subject of the Petition is located adjacent to your property and is des- cribed as follows: ./~?rlJLJ ~L~* ~ ~[~*~<~" 3. That tt~ property which is the su~ect of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the followin~ relief: $. That the provisi.o_ns of the Southold Town Zonin~' ~Code ap licable to the relief sought by the under* signed are Article /--'/7-- Sectic~ /~9 --,'~t~ 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed 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: /~/')~ /O-qb · NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ' ADDRESS STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss.: (~/~/~/'//~(~/- '-//'/~'~," /7 dd S / , being duly SwOrn, deposes and says that on the~'day of~ I~, ', ~/~' r~.~'¢/'~f , 19 c~ ?~ -, deponent mailed a true copy of the Notice set forth on-~e re~ verse side hereof, d~re~ed 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 a~sessment roll of the ~Town of ~ol~thoJd; that said Notices were mailed at the United States Post Of- 'ficeat .._C_~ ~J~.j~ I~z'~ ~P~ ; that said Notices were mailed to each of said persons by (certified) (registerea) mail. ' ' ~' ' SWorn to b~j:fore me this I ~/Jc[ ~ day of "~/.,'~u~P-~/ . 1 19 ~ 0 -- N~;~ry ~ublic [ [LIZABETH ANN NEVILLE % NOTARY PUBLIC, State of Ne~ J'olJJ ~1o. 52-8125850, Suffolk CO~M~ / Ter'~ Expires March 30, 0 0 0 S,H 0 ?. T.~..E HV I ~.0 ,,,, _l .TAL ~ (o) In order to answer the questions in this short EAF it is assumec that the preparer will use. currently available information concerning project and thc: likely impacts of the actio'n. It is not expected that additional studies, research or other investigations will be undertakeD. (b) If any question has been answered Yes the project may be $ionificont and o completed 5nvironmentol Assessment ~orm is necessary. (c) If all question5 have been answered [qo it is likely %h~% projecl .. . .... (~) .. ye~ o Ye s existing body of water? .................. Y~ 4. Will project have a po¢enlially large im 'Y ~oJes'''/, ~ on groundwater quality? .............. : ....... . ' 5. ¥1ill project significcnily effect dro%nage flow on adjacen¢ si~es? .................... ~.. Yes{/Nq 6. %';ill project afFec~ any ~hrea~ened or is not significant. Environmental Assessment ~. Will project result in o large physical change to the project site or physically alter more than 10 acres of land? ................. ~.~., 2. ¥/itl there'be o major change to any uniq -unusual land form found on the szte .......... . 3. Will project alter or have a lqrge' effect on 10. 11. ..12. 13. 14. 15. PREPARER'S S]CHATURE~~ REPP, ESEHTIHC endangered plant or onSmal species? .... ¥1ilZ project result in o mojor adverse e~" on air quoli~y? .............................. Will project have a major effect on visual character of the community or scenic views or vistas known to:be imporlont to the community? Will project adversely fmpoct any site or structure of historic, prehistoric or paleontological importance or any site designated os o critical environmental oreo ¥~ill project hove o major effect on existing or future recreational opportunities? ......... %';ill project result in.major traffic problems o~ cause o major effect to existing transportation systems? ....................... . Will project .regularly cause objectionable odors, noise, glare, vibration, or electrical disturbance as a result of the project's operation?.. . or.safety? .................................... Will p~oject affect the existing community by directly causing o growlh in permanent population of mare than 5 perccgt over o one year period or hove o major negative effect on the character of the community or neighborhood? ................................. . . ls there public controversy concerning the project? ...................................... ! , DATE ' ¥e$ ~N~o ¥ e Yes./No ' Yes~o Ye s,'/NNo._ /~oday's Date) To: Southo!d Town Board of Appeals ~Iain Road Southold, NY 11971 Re: Appeal Application of 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; ho%¢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'e '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. not [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. [ ] May be located within 300 feet of tidal wetlands; .and there is no bulkhead or concrete wall existing on the premises. Is not located within 300 feet of tidal wetlands to the best of my knowledge.* [Starred items'(*) indicate your property does appear to fall within the jurisdiction of the N.Y.S.D.E.C.] Sincerely yours, (Signature p~ease) COUNTY OF SUFFOLK Property Tax Service Agency Riverheod, L Ne~ York