HomeMy WebLinkAbout3129Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD. L.I.. N.Y. 11cj'71
TELEPHONE (516) 766-1809
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 3129
Application Dated April 27, 1983 (Public Hearing 6/23/83)
TO:
Michael J. Hall, Esq., as attorney for
Ms. Irene Papadakis
Front Street
Greenport, NY 11944
[Appellant(s)]
At a Meeting of the Zoning Board of Appeals held on August 17, 198.3
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 , Section
~ ] Request for Variance to the Zoning Ordinance
Article I , Section 100-13 (Definitions)
Request for Interpretation
The public hearing on this matter was held on June 23, 1983, at which
time the hearing was declared closed pending deliberations.
Upon application for IRENE PAPADAKIS, by Michael J. Hall, Esq. as
attorney, Front Street, Greenport, NY for an Interpretation of "skin care
clinic" as a home occupation under Article I, Section 100-13, Definitions.
Location of Property: 26165 Main Road, Orient, NY; County Tax Map Parcel
No. 1000-018-03-023.
The board made the following findings and determination:
This is an appeal seeking an interpretation of the term "Home Occu-
pation'' to include the conduct of the practice of cosmetology.
Appellant had previously appealed to this Board (Appeal No. 3072)
for a variance to conduct such practice on the same premises which is the
subject of the instant appeal. Such appeal was denied for the reasons
stated therein.
The Building Inspector concluded after his investigation and examina-
tion of all of the activities engaged in by Appellant, that the services
to be performed were similar to that of a hairdresser, manicurist and
pedicurist which are personal service uses permitted in the Light Busi-
ness District pursuant to Section 100-60(A) [8] of the Zoning Code.
Appellant's attorney, on the other hand, has likened these services
to those performed by a dermatologist, pediatrist or a medical doctor.
Section 100-30(C) [1] of the Zoning Code permits "Home Occupation"
as an accessory use.
Section 100-13 (Definitions) defines "Home Occupation" in pertinent
parts as follows:
..."HOME OCCUPATION - This shall be understood to include the
professional office or studio of a doctor, dentist, teacher,
artist, architect, engineer, musician, lawyer, magistrate or
practitioners of a similar character, or rooms used for "home
occupations," including home baking, millinery or similar handi-
crafts, provided that the office, studio or occupational rooms
(CONTINUED ON PAGE TWO)
DATED: August 17, 1983.
Form ZB4 (rev, 12/81)
CHAIRMAN, SOUTHOLD TOWN ZONING BOARD
OF APPEALS
Page 2 - Appeal No. 3129
Matter of IRENE PAPADAKIS
Decision Rendered August 17, 1983
are located in a dwelling in which the practitioner resides
and provided further that no goods are publicly displayed on
the premises and no sign or advertisement is shown other
than a sign not larger than two (2) square feet in total
area, bearing only the name and occupation [words only] of
the practitioner .... "
Paragraphs 4 and 5 of Section 401 (Definitions) of Article 27
the General Business Law defines the terms "Beauty Parlor," hair-
dressing" and cosmetology" as follows:
of
4. "Beauty parlor" means any part of building or place or
premises wherein hairdressing and cosmetology as herein defined
are practiced.
5. "To engage in the practice of hairdressing and cosmetology
means and refers to a person who holds himself out directly or
indirectly, as being able, or who offers or undertakes, by any
means or method, with the aid of hands or o~ mechanical, elec-
trical or other apparatus or appliances, and/or by the use of
tonics, lotions, creams, cosmetics, cosmetic preparations or
compounds, to waive, dye, color, bleach, cut, arrange, dress,
curl, cleanse, or stimulate the growth of the hair of the head
of any person; or to massage, cleanse, or exercise the scalp
or stimulate the growth of the hair of the head of any person."
It is this Board's opinion that a practice of cosmetology is
similar to the practice of hairdressing. They are considered as such
under Article 27 of the General Business Law.
It has been held by the Courts in New York that the term "Home
Occupations" does not permit the practice of hairdressing (People v.
Nicosia 42 Misc. 2d 300).
Appellant contends that her occupation as a cosmetologist is of
a similar character to that of a doctor, dentist, teacher, artist,
architect, engineer, musician, lawyer or magistrate.
Anderson, American Law of Zoning, Second Edition, Vol. 2, pg. 529,
cites two cases holding that a beautician is not a "professional person"
as that term is employed in ordinances which permit home offices of
professional persons.
It is the opinion of this Board that the conduct of a skin care
clinic is not similar in character to the professional office or
studio of the professions listed as Home Occupations in Section
100-13 of the Zoning Code.
Now, therefore, on motion by Mr. Douglass, seconded by Mr. Sawicki,
BE IT RESOLVED, that "skin care clinic~ shall net be permitted
as Home Occupation, Section 100-13 of the Zoning Code.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Douglass
and Sawicki. (Member Grigonis was absent.) This resolution was
unanimously adopted.
THE SOUTHOLD TOWN CLERK
DATE~//~/~ HOUR k~ :q ;~
~n~erk. Town o!/Southold
GERARD P. GOEHRINGER,
August 17, 1983
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI
Southold Town Board of Appeals
IvlAIN ROAD- STATI:' ROAD 25 SOUTHOLD, L.I., N.Y. 119'71
TELEPHONE (516) 765-1809
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 Board of Appeals at the Soutbold Town Hall, Main
Road, Southold, New York, on THURSDAY~ JUNE 23~ 1983 commencing at
7:30 p.m. and as follows:
7:30 p.m. Recessed Hearings: Appeals No. 3126 and 3125.
JACK LEVIN. Variance for two-family dwelling status. South Side
of C.R. 48, Greenport.
7:35 p.m. Application of HANS H. RIEGER, 370 Harbor Road, Orient,
NY for a Variance to the Zoning Ordinance, Article III, Section 100-32
for permission to construct~in th~ frontyard area at 370 Harbor Road,
Orient, NY; County Tax Map Parcel No. 1000-027-04-006.
7:40 p.m. Application of BRUCE AND PATRICIA STEWART, School-
house Road, Cutchogue, NY for a Variance to the Zoning Ordinance,
Article III, Section 100-31 for permission to construct garage addition
to dwelling with an insufficient sideyard setback at 870 Schoolhouse
Road, Cutchogue, NY; County Tax Map Parcel No. 1000-102-05-014.
7:45 p.m. Application of PETER AND CALLIOPE PAPANTONIOU, 55370
C.R. 48, Southold, NY for a Variance to the Zoning Ordinance, Article
III, Section 100-32 for permission to increase size of existing garage
which is located in the sideyard area, at 55370 C.R. 48, Southold,
NY; County Tax Map Parcel No. 1000-052-03-026.
7:50 p.m. Application of RICHARD AND DONNALEE RELYEA, 1060
Foxhollow Road, Mattituck, NY for a Variance to the Zoning Ordinance,
Article III, Section 100-32 for permission to construct accessory
building (horse barn) in the frontyard area of premises known as
1060 Foxhollow Road, Mattituck, NY; County Tax Map Parcel No. 1000-
113-006-023.
7:55 p.m. Application of ALFRED J. TERP, 1435 Hobart Road,
Southold, NY for a Variance to the Zoning Ordinance, Article III,
Page 2-Legal Notice of Hearings
Southold Town Zoning Board of Appeals
Regular Meeting of June 23, 1983
Sections 100-31, 100-34, for permission to construct bathroom addi-
tion to dwelling leaving an insufficient sideyard setback, at 1435
Hobart Road, Southold, NY; County Tax Map Parcel No. 1000-064-002-012.
8:00 p.m. Application of CUTCHOGUE FREE LIBRARY, Main Road,
Cutchogue, NY for a Special Exception to the Zoning Ordinance, Article
VII, Section 100-70(B) [1] to establish library use in the existing
building in this B-1 District, at 28735 Main Road, Cutchogue, NY;
County Tax Map Parcel No. 1000-102-05-022.
8:10 p.m. Application of CUTCHOGUE FREE LIBRARY, Main Road,
Cutchogue, NY for a Variance to the Zoning Ordinance, Article XI,
Section 100-112(H) for permission to use accessory off-street park-
ing area adjoining this premises for this proposed library. Loca-
tion of Properties: North side Main Road, Cutchogue, NY; County
Tax Map Parcels No. 1000-102-05-22 and 23.
8:15 p.m. Application for KATHRYN REEVE, by Scott R. Albrecht,
West View Drive, Mattituck, NY for a Variance to the Zoning Ordi-
nance, Article III, .Section 100-32 for permission to construct
accessory building (garage) in the side yard area, at 855 West View
Drive, Mattituck, NY; County Tax Map Parcel No. 1000-139-01-019.
8:20 p.m. Application of DOUG AND KARIN CONSTANT, 555 Village
Lane, Orient, NY for a Variance to the Zoning Ordinance, Article III,
Section 100-31 for permission to construct addition to dwelling with
an insufficient rearyard setback, at 555 Village Lane, Orient, NY;
County Tax Map Parcel No. 1000-25-2-5.1.
8:25 p.m. Application of MRS. GRACE E. KENNEY. 2020 East
Gillette Drive, East Marion, NY for a Variance to the Zoning Ordi-
nance, Article III, Sections 100-31 and 100-34 for permission to
construct addition (two-car garage) with variation to the previous
appeal, No. 3067, in the front and/or sideyard areas at 2020 East
Gillette Drive, East Marion, NY; County Tax Map Parcel No. 1000-
038-03-020.
8:35 p.m. Application of FRANK MESSINA, Box 368, Ronkonkoma,
NY for a Variance to the Zoning Ordinance, Article III, Section
100-32 for permission to construct swimmingpool in the frontyard
area, at 4355 Wunneweta Road, Cutchogue, NY; Nassau Point Filed
Map, Lot 222; County Tax Map Parcel No. 1000-111-012-006 & 007.
(William B. Smith, agent)
8:45 p.m. Application for DAYSMAN MORRIS, by Rudolph H. Bruer,
Esq., Main Road, Southold, NY for a Variance to the Zoning Ordinance
Article VI, Section 100-60 (A) & (B) to store materials in the open
Page ~ - Legal Noti Hearings
S~uthold Town Zoning Board of Appeals
Regular Meeting of June 23, 1983
area upon this parcel, zoned B-Light Business. Location of Property:
405 Kirwin Boulevard, Greenport, NY; County Tax Map Parcel No.
1000-53-02-006.
9:00 p.m. Recessed Hearing; Appeal No. 3099. Application for
DOROTHY REISE/RIAL REALTY CORP., By Rudolph H. Bruer, Esq., Main
Road, Southold, NY - garage and tennis court on vacant parcel.
East Hyatt Road, Southold, NY.
as9:15 p.m. Application for IREN_____~E PAPADAKI~S, by Michael J. Hall/
attorney, Front Street, Greenport, NY for an Interpretation of
~"~kin care clinic" as a home occupation un~er Article I, Section
~100-13, Definitions. Location of Property. 26165 Main Road, Orient,
~Y_~a;tedi°U~eT~,Mi~81~rcel No' 10~i-~i~3~i3~HE SOUTHOLD TOWN BOARD OF APPEALS
BY GERARD P. GOEHRINGER
CHAIRMAN
For further information concerning the above hearings, please contact
Linda Kowalski, Secretary of the Zoning Board of Appeals, at 765-1809
(or 1802).
INSTRUCTIONS TO NEWSPAPERS:
Please publish once, to wit, Thursday, June 16~ 1983, and forward one
affidavit of publication to Board of Appeals, Main Road, Southold, NY.
Copies to the following on or about June 13, 1983:
Mr. Jack Levin, C.R. 48, Greenport, NY
Mr. Hans H. Rieger, 15 Harbour Road, Orient
Mr. and Mrs. Bruce Stewart, Schoolhouse Road, Cutchogue
Mr. and Mrs. Peter Papantoniou, 55370 C.R. 48, Southold
Mr. and Mrs. Richard Relyea, 1060 Foxhollow Road, Mattituck
Mr. Alfred J. Terp, 1435 Hobart Road (Box 64), Southold
Mr. William Peters, Chairman
Cutchogue-New Suffolk Library, Box 935, Cutchogue
Mr. Scott R. Albrecht, West View Drive, Mattituck
Mr. Kenneth Strachan, Builder for Karin and Doug Constant, Hog Pond
Mr. and Mrs. Doug Constant, 555 Village Lane, Orient
Mr. and Mrs. Robert Kenney, P.O. Box 392, East Marion, NY 11939
Mr. William B. Smith, as agent for Frank Messina, 220 Mechanic St,
Mr. Frank Messina, P.O. Box 368, Ronkonkoma, NY 11779
Rudolph H. Bruer, Esq., as attorney for
Mr. Daysman Morris and
Rial Realty Corp.
Anthony B. Tohill, Esq., 6 East Main Street, Riverhead, NY (Re: Reise)
~all and Hall, Es~s., F~ ~re~, ~e~t~ ~ ~&~
Rd, Orie
Southold
FORM NO. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
.SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
· .~...~, ~ .... .~.,~ .&5 ........... C,4~,'~
.... . .O. . ."/.~.-r,. ~:.'7'., . . .//Z,$. 7..
PLEASE TAKE NOTICE that your application dated.../~b'.,,./,-~ .... .~. ......... 19 0~.~.
' for permit to ~ .O~.'~. O/~.~ .~.//?. ,~. · .~..b"-...~. ~.~;. ~.C ¢?./~.'~-/~2 ........ at
Location of' Property ,.m~c-~/Go].~.~. .... ~.(~../..~9,. ~.O.~.,r~t; ......... ' .OfcT..,f~.,~..7'/. /~.N~,~..rbl,~
County Tax Map No. lO00 Section .... 0 ,/~. .... Block .. 0.5'. ....... lot . .~.P.~. ......
Subdivision ........ '--7. ........ Filed Map No ................. lot No ..................
is returned herewith and disapproved on the following grounds....~.~.4:~..~..~...~?.C~. ~ ~. ....
...0.0~, .~¢~.~.s ..... ~.¢_~. . ~. .~,. . ~.,.~r.T. . ~
. .,b~..o,~...--v:l,~',:/...,..,./7./..~. ......................................
Building Inspector
RV 1/80
TOWN OF SOUTHOLD, NEW YORK
APR 2 6 1983
APPEAL FROM DECISION OF BUILDING INSPECTOR
APPEAL NO. ~
DATE ,..~.....-'...,~.. ,.~....~..?...-~...
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
~, (~)..Ir.e.n.e...~ap~.a ........................... of ..R..,.~.,..D..:....B..9..x.....2.3.,....~a..i..n.....R..o...a..d. ................. Name of Appella.nt Street and Number
................. Or~e~% .............................................................. ~.~...~.o.~'k ........ HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO ..................................... DATED .....................................................
WHEREBY THE BUILDING INSPECTOR DENIED TO
(X)
( )
Name of Applicant for permit
of
.... ..2..6. .6. .. ................... ...................... ..............
Street and Number Municipality State
PERMIT TO USE
PERMIT FOR OCCUPANCY
( )
1. LOCATION OF THE PROPERTY ..~.6]~.(~5...~..~...~.~.~.~..~.~...1..e...~.~.`.~.~..:~.~..:~.~'.'..A..T.~]: .........
Street Use District on Zoning Map
~..~ O.1 ~..... 3..-. P.3.....L..-.Q 23 .....................................
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 1: Sec. 100-13 D~_fi~ii~inn,~
3. TYPE OF APPEAL Appeal is mode herewith for Interpretation ot' Zonlng Code.
( ) A VARI~ANCE to the Zoning Ordinonce or Zoning Map
( ) A VARIANCE due to lack of occess (Store of New York Town Low Chop. 62 Cons. Lows
Art. 16 Sec. 280A Subsection 3
4. PREVIOUS APPEAL A previous appeal (has) (J~Ix~I:IIl~t) been made '11 L_,___I
:i ....... , _ :it:, - with respect to this property.
Such ~ppeal was ( ) request for a special permit
(~) request for a variance //
( )
( )
(X)
is requested for the reason that
Care Clinic is not a
REASON FOR APPEAL
A Varianceto Section 280A Subsection 3
A Variance to the Zoning Ordinance
Interpretation of Home Occupation
the building inspector has held that a Skin
"home occupation."
(Continue on other side)
REASON FOR APPEAL
Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because
2. The hardship created is UNIQUE and is not shared by oil properties alike in the immediate
vicinity of this property and in this use district because
3. The Variance would observe the spirit of the Ordinance and WOUED NOT CHANGE THE
CHARACTER OF THE DISTRICT because the praotice of a oosmitologist is similar in
character to that of a doctor or other like professional, and in accordance
with ~100-31 (c), the use would comply exactly with the code in that:
(a) No display of goods is visible from the street
(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 not more than one (1) nonresident assistant.
(c) Such occupation is carried on in an area not exceeding thirty (30)
percent of the area of one (1) floor of the main building.
(d) There shall be no exterior effect at the property line, such as
noise, traffic, odor, dust, smoke, gas, fumes or radiation.
STATE OF NEW YORK ) ~ '
COUNTY OF "~C/~(~"~ )
Sworn to this /~2 ?"7'f ~.~..
.............................................. day of ...... r....~.. ........... ~ .................. 19~_~'
No y ~bli
SQUARE FOOTAGE : ' ' .
Total 1st Floor (excluding garage)
Office space c.
Office takes up 19~ of 1st Floor
Lot size~ Ap~rox 35,675 sq. ft.
House coverage (including garage)
/%7 +~ 1 ,',,/
Southold Town Board of Appeals
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONlS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWlCKI
August 18, 1983
Michael J. Hall, Esq.
Front Street
Greenport, NY 11944
Re: Appeal No. 3129
Application of Irene Papadakis
Dear Mr. Hall:
Please find enclosed copy of the board's decision in
the above matter which was rendered yesterday and filed today
with the office of the Town Clerk.
Yours very truly,
Enclosure
cc: Building Department
Ms. Irene Papadakis
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski
Secretary
COUNTY OF SUFFOLK
DEPARTMENT OF PLANNING
(516) 360-5513
LEE E. KOPPELMAN
August 11, 1983
Town of Southold
Board of Appeals
Applicant:
Irene Papadakis
#3129
Gentlemen:
Pursuant to Sections 1323 to 1332 of the Suffolk County Charter, the above
referenced application*is not within the jurisdiction of the Suffolk County
Planning Commission.
Very truly yours,
Lee E. Koppelman
Director of Planning
Gerald G. Newman
Chief Planner
GGN:jk
*for an interpretation of the zoning ordinance. If a variance is being sought,
please resubmit with findings indicating compliance with applicable criteria.
Southold Town Board of Appeals
MAIN I~OAD- STATE ROAD 25 5OUTHOLD, L.I., N.Y. 11cJ71
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:
X~ Variance from the Zoning Code, Article I , Section I00-I3
Variance from Determination of Southold Town
Building Inspector
-- Special Exception, Article , Section
-- Special Permit
(Definitio~
Appeal No.: 3129 Applicant: IRENE PAPADA/~IS
Location of Affected Land: 26165 Main Rd., Orient
County Tax Map Item No.: 1000-018_03_023
Within 500 feet of:
__ Town or Village Boundary Line
__ Body of Water (Bay, Sound or Estuary)
~x State or County Road, Parkway, Highway, Thruway
__ Boundary of Existing or Proposed County, State or Federally-
.~wned 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 interpret "skin
care clinic" as a home occupation.
Copies of Town file and related documents enclosed herewith for your
review.
Temp. S d of Appeals
TO N OF SOUTHOLD
OFFICE OF BUILDING INSPECTOR
P.O. BOX 728
TOWN HALL
SOUTHOLD, N.Y. 11971
( ~FEL. 765-1802
In my opinion-, the proposed use as a Home Occupation does
not qualify for the following-reasons:
1. The applicant has several certificates, all of which
certifies that she has received and completed training in the
field of cosmetology and the use of equipment related to this
field.
2. A show case in the home contains various types of
cosmetics used for make-up, also creams and lotions for skin
care. These products are similar to those found in retail
shops and drug stores selling cosmetics and skin creams.
3. Ms. ?apadakis stated that the equipment she uses pre-
vents wrinkles, and removes hair permanently as well as builds
ozones for skin care. Treatment and massage is made to the
arms, neck, face and feet. The products she uses and sells
for skin care are made up for her by a chemist and are not found
in retail stores.
6. Ms. ?apadakis is licensed by.the State of New York
for Hairdressing and Cosmotology.
In view of the above it is my opinion that the care that
is being provided is cosmetic and is not similar to the
~Arofessions or handicrafts listed in the Zoning Ordinance,
rt. i secti~ ~0~3'-'D~£~£~i0nS,~ There is not treatment
.... ~r--~iagzsoio ~f ~ilm--e-~-Ss or pre~i'bing of medications.
This care is similar to that of a hairdresser, manicurist
(fingernails), pedicurist (toenails), and barber for men. These
are personal services and as such are permitted in the 'B' Light
Business District, Art. VI, Section 100-60 A (8).
§ 100-30
ZONING § 100-30
fence of not more than two-inch mesh, not less
than four (4) feet in height, erected, tpal~_n~ain~..
and prowded wtth a serf-closing, self-locking gate
to prevent unauthorized use of the pool and to
prevent accidents. However, if said pool is located
more than four (4) feet above the ground, then a
fence is not required, provided that all points of
access to said pool are adequately protected by a
serf-closing, serf-locking gate. Any swimming
pool in existence at the effective date of the
provisions of this subsection shall, within one (1)
year from such date, comply with all of the
provisions hereof.
(3) Private garages; provided, however, that not more
than two (2) passenger automobile spaces in such
garages may be leased to persons not resident on the
premises, r' ' ' ~ '~-
(4} The storage of either a boat or~,~rldler owned and used
by the owne~ or ,occupant of the premises on which
such boat orI. trader Is stered for hts personal use,
subject to the following requirements:
{a} Such boat or trailer shall not exceed thirty (301
feet in length.
{b) Such boat or trailer shall be stored only in the
required rear yard, and the area occupied therefor,
together with the area of all buildings in the rear
yard, shall not exceed forty percent (40%} of the
area of the required rear yard.
(c} Such boat or trailer shall not be located within
fifteen (15) feet of any street or lot line.
(5) Homes and domestic animals other than household
pets, provided that such shall not be housed within
forty (40) feet of any lot line. Housing for flocks of
more than twenty.five (25) fowl shall not be con-
structed within fifty (50) feet of any line. [Amended 5-
29-73; 5-30-75 by L.L. No. 3-1975]
§ 100-30 SOUTHOLD CODE § 100-30
(10) Veterinarian offices and animal hospitals, subject to
the following requirements:
(a) The housing of all animals shall be in a fully
enclosed structure if nearer than one hundred
(100) feet to any lot line.
( 11 ) Cemeteries.
(12) Stables and riding academies.
(13) Funeral homes and undertaking establishments.*
OoAccessory uses, limited to the following:9
Home occupations, provided that:
(a) No display of goods is visible from the street.
(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 not more
than one (1) nonresident assistant.
(c) Such occupation is carried on in an area not
exceeding thirty percent (30%) of the area of one
(1) floor of the main building.
(d) There shall be no exterior effect at the property
line, such as noise, traffic, odor, dust, smoke, gas,
fumes or radiation.
(e) Studios where dancing or music instruction is
offered to groups in excess of five (5) pupils at one
( 1 ) time, or where concerts or recitals are held, are
prohibited.
,~.L. ~,..~
(2) Garden house, toolhouseAplayhofise, wading pool or
swimming pool incidental to the residential use of the
premises and not operated for gain, subject to the
following requirements:
(a) Any swimming pool shall be completely enclosed
with a permanent chain-link (or similar type)
8 Editor's Note: Former Subsection (14), which perrnit~d ssles of p~rsonsl prop-
erty, was repealed 5-29-78.
9 Editor's Note: Origlrml Subsections (e) and (f) of this Subsection C were deleted as
they duplleatod Subsections (b) and (c).
10025 ?-~-78 10024
me garage m erec~eQ, ana tot me storage ot not exceemng
two (2) additional vehicles (not trucks) owned or used by
O °thers' g,~ot
GARAGE, PUBLIC -- A buildin her than a private
garage, used for housing or care of gasoline or other power-
driven vehicles, or where such vehicles are equipped for
operation, repaired or kept for remuneration, hire or sale.
HEIGHT -- The vertical distance measured from the
average elevation of the finished grade at the front of the
building to the highest point of the roof for flat and
mansard roofs, and to the mean height between eave and
ridge for other types of roofs.
ifOME OCCUPATION -- This shall be understood to
dude the professional office or studio of a doctor,
ntist, teacher, artist, architect, engineer, musician,
wyer, magistrate or practitioners of a similar character,
or rooms used for "home occupations" including home
!__bakin~g~.,~mitlinery or similar handicrafts, provided that the
offid~, studio or occupational rooms are located in a dwell-
lng in which the practitioner resides or in a building ac-
cessory thereto, and provided, further, that no goods are
10010
100-13 ZONING § 100-13
publicly displayed on the premises and no sign or ad-
vertisement is shown other than a sign not larger than two
(2) square feet in total area, bearing only the name and
occupation (words only) of the practitioner.
HOT~.L -- A building occupied as the more or less tem-
porary abiding place of individuals, who are lodging with
or without meals, in which there are more than ten (10)
rooms usually occupied singly and in which no provision is
made for cooking in any room or individual apartment.
JUNKYARD -- Land occupied or to be occupied for
storage of old wood, paper, cloth or metal, including old
automobiles, trucks, equipment, machinery, fixtures and
appliances not usable as originally designed, and also
including any portion of such old automobiles, trucks,
equipment or machinery as may be sold as and for junk or
s alv age. ~
LOT -- Any parcel of land, not necessarily coincident with
a lot or lots shown on a map of record, which is occupied or
which is to be occupied by a building and its accessory
buildings, if any, or by a group of buildings accessory
thereto, if any, together with the required open spaces
appurtenant to such buildings or group of buildings.
LOT, CORNER -- A lot at the junction of and abutting on
two (2) or more intersecting streets where the interior angle
APPLICATION OF IRENE PAPDAKIS
O~
SQUARE FOOTAGE :
Total 1st Floor (excluding garage)
o.1,992
Living space Z,600
Office space c. 392
Office takes up 19% of 1st Floor
Lot size: Approx 35,675 sq. ft.
House coverage (including garage)
2,530 sq. ft.
House covers approx. 7%
NOTICE
SOT~CE iS ~mmY ~rv-
EN, pursuant to Section 267~f
the Town Law and the ~-
visions of the Amended Code
of the Town of South01d, a
Regular Meeting and the
following Public Hearings will
be held by the Southold Town
Board of Appeals at the
Southold Town HaH, Main
Road, Southold, New York, .on
THURSDAYt JUNE 2ar 1983,
~mmenctng at / ~o F rd. nnd
as follows:
FRANK MESSIHA, Box 368,
Ronkonkoma, N.Y. for a Var-
lance to the Zoning Ordinance,
Article IH, Sec~on 100-32 for
permission to ¢~nstrnct swim-
mingpool init he frontyard
area, at 4355 Wunneweta
Road, Cutchogue, N.Y.; Nas-
sau Point Filed Map, Lot 222;
County Tax Map Parcel No.
1000-111-012-006 & 007. (Wil-
liam B. Smith, agent).
8:45 p.m. AppliCation for
DAYSMAN MORRIS, by Ru-
dolph H. Bruer, Esq., Main
Road, Southold, N.Y. for a
Variance to the Zoning Ordin-
ance Atticle VI, Section 100-
60(A) & (B) to store materials
in the open area upon this
parcel, .zoned B-Light Busi-
. ness. Location of Property: 405
Kirwin Boulevard, Greenport,
N.Y.; County Tax Map Parcel
No. 1000.53-02-006.
9:00 p.m. Recessed Hear-
ing; Appeal No. 3099. Appli-
cation for DOROTHY REISE/
RiAL REALTY CORP., By
Rudolph H. Bruer, Esq., Main
Road, Southold, N.Y.- garage
and tennis court on vacant
parcel. East Hyatt Road,
S~thold, N.Y.
:lS p.m. Application for
IRENE PAPADAKIS, by Mi-
chael J. Hall as attorney, Fron~ I ~
I Street, Oreenport, N.Y. for an
Interpretation of "skin car*
clinic" as a home oceupatim
under Article I, Section 100
13, Definitions. Location o
Property: 26165 Main Road
Orient, N.Y.; County Tax Mal
, Parcel No. 1000-018-03-23.~
Dated: Jur~ 10, 1983.
I~Y ORDER OF THE
.']otrritOLD TOWS
B(]J~RD OF APPEALS
GERARD P. GOEHRINGER,
CHAIRMAN
1T-6/16/83(30)
COUNTY OF SUFFOLK
ss:
STATE OF NEW YORK
Patricia Wood, being duly sworn, says that she is the
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
a public newspaper printed at Southold, in Suffolk County;
and that the notice of which the annexed is a printed copy,
has been published in said Long Island Traveler-Watch-
man once each week for .......................... ../. ........... weeks
successively, commencing on the ............ ./..i~ ...................
do¥ ...................................... , 19 ........
Sworn to before me this .................. ../..~. ........ day of
The Suffolk Times
Road, Southold, New York, on
THURSDAY, JUNE 23, 1983
commencing at 7:30 p.m. and
as follows:
7:30 p.m. Recessed Hear-
ings: Appeals No. 3126 and
3125. JACK LEVIN. Variance
for two-family dwelling
status. South Side of C.R. 48,~p
Greenport. J--
7:35 p.m. Application of
HANS H. RIEGER, 370
Harbor Road, Orient, NY for a
Variance to the Zoning
Ordinance, Article III, Section
100-32 for permission to
construct accessory garage in
the frontyard area at 370
Harbor Road, Orient, NY;
County Tax Map Parcel No.
100~-027-04.006.
7:40 p.m. Application of
BRUCE AND PATRICIA
STEWART, Schoolhouse
Road, Cutchogue, NY for a
Variance to the Zoning
Ordinance, Article III, Section
100-31 for permission to
construct garage addition to
dwelling with an insuffieien~.~
sideyard setback at 670
Schoolhouse Road, Cutchogue,
NY; County Tax Map Parcel
No. 1000-1024)5-014.
7:45 p.m. Application of
PETER AND CALLIOPE PA*
PANTONIOU, 55370 C.R, 40,
Southold, NY for a Variance to
the Zoning Ordinance, Article
III, Section 100-32 for
permission to increase size of
existing garage which is
located in the sideyard area,
at 55370 C.R. 48, Southold, NY;
County Tax Map Parcel No..
1000-052-03-026.
7:50 p.m. Application Of
RICHARD AND DONNALEE
RELYEA, 1060 Foxhollow
Road, Mattituck, NY for ~6
Variance to the Zoning
Ordinance, Article III, Section
100-32 for permission to
construct accessory building
(horse barn) in the frontyard
area of premises known as
1060 Foxhollow Road,
Mattituck, NY; County Tax
Map Parcel No. 1000-113-006-
No. 1000-139-01-019.
8:20 p.m. Application of
DOUG AND KARIN CON-
STANT. 555 Village Lane,
Orient, NY for a Variance to
the Zoning Ordinance, Article
III, Section 100-31 for
permission to construct
addition to dwelling with an
insufficient rearyard setback,
at 555 Village Lane, Orient,
NY; County Tax Map P~arcel
No. 1000-25-2-5.1.
8:25 p.m. Application of
MRS. GRACE E. KENNEY,
2020 East Gillette Drive, East I
Marion, NY for a Variance to I
the Zoning Ordinance, Article I
III, Sections 100-31 and 100-34 1
for permission to construct~
~addition (two-car garage/~
with variation to the previous
appeal, No. 3067, in the front
and/or sideyard areas at 2020
East Gillette Drive, East
Marion, NY; County Tax Map
Parcel No. 1000038-03-020.
8:35 p.m. Application of
FRANK MESSINA. Box 368,
Ronkonkoma, NY for a
Variance to the Zoning Ordin-
ance, Article III, Section 100-
32 for permission to ?onstruct
swimmingpool ~n the
frontyard area, at 4355
Wunneweta Road, Cutchogue,
NY; Nassau Point Filed Map,
Lot 222; County Tax Map
Parcel No. 1000-111-012.006 &
007. (William B. Smith, agent)
i~o.) 6:45 p.m. Application for
DAYSMAN MORRIS, by
Rudolph H. Bruer, Esq., Main
Road, Southold, NY for a
Variance to the Zoning
Ordinance Article VI, Section
100-60 (A) & (B) to store
materials in the open area
upon this parcel, zoned B-
Light Business. Location of
Property: 405 Kirwin
Boulevard, Greenport, NY;
County Tax Map Parcel No.
1000-53024)06.
9:00 p.m. Recessed
Hearing; Appeal No. 3099.
Application for DOROTHY
RE1SE/RIAL REALTY
CORP., By Rudolph H. Bruer,
023. Esq., Main Road, Southold
7:55 p.m. Application of t~NY-- garage and tennis court
ALFRED J. TERP, 1435 ~./'on vacant parcel. East Hyatt
Hobart Road, Southold, NY ~.. l?,°~tmh°lAd~oN~i~atinn for
for a Variance to the Zoning ~.2~.~ r..,.,,o~.~ ..... ~...
~ ~'~ o ~*i~'le III [ IRENE
' r M~chael J. Hall as torney,
Sections 100-31, 100-34, fo -I ~M_i?l ....... ~-een-ort NY
perm~smon to construc % r, ~,,.. ...... ion of "skin
bathroom addition to dwelling ~ tor an i,n~e.rp,~,~ - e
leaving an insufficient ... ~ care.~c~:,,n.~c..dae~ Aarticn~em~
s~deyard setback, at 143~ . · ,.
........ ,a ,,y. ' J~,on 100-13, Defln,ttons.
County Tax Map Parcel No ( Locahon of Property: 26165
1000-0644102-012. _ ' ~ Main Road, Orient, NY;
8:00 p.m. EAPPFI~It~onL~f i Co YJ - Map Pa, rce, No.
CUTCHOGU ' '
Main Road b [ed: une10,1083.
B ..... . ' BY ORDER OF
Cutchogae, NY for a Specml ~
Ordinance, Article VlI, o,~,~.,~,~,,,~- ny
Section i00-70(B)[l] to estab-
lish library use in the existing GERARI3 P. GOEHRINGER
STATE OF NEWYORK )
) SS:
COUNTY OF SUFFOLK )
Karen Jean Rysko of Greenport, in
said County, being duly sworn, says that l~/she is
Principal Clerk of THE SUFFOLK TIMES, a Weekly
Newspaper, published at Greenport, in the Town
of Southold, County of Suffolk and State of New
York, and that the Notice of which the annexed is
a printed copy, has been regularly published in
said Newspaper once each week for one
weeks successively, commencing on the 1 6th
dayof June 19 83
H£t£N ~. 0£ ¥0[
~UBLIC, State it N~w ¥or~
117i71, Sutteik C~unty
~ptres March 30, 19~5~
PK~cipa, Clerk U
Sworn to before me this 16th
day of June 19 83
CAROL J. MEYER
EDITOR. WRITER. CONSULTANT
245 E, llth STREET, NEW YORK, N.Y. 10003 (212) 982-8831
May 7~ 1983
Ms. Linda Kowalski
Zoning Board
Southold Town Hall
Main Road - S.R. 25
Southold,New York 11971
Dear Ms. Kowalski:
Enclosed please find a check: in the amount of $2125 to repay you
for the cost of copies of the Southold Zoning Code and the appeal by
Irene Papadakis. Thank you very much for sending it to me so promptly.
As I told you on the telephone, June 16 will not be convenient for
me, my co-owner or my representative. The only possible date for the
hearing at this point is June 23~ when my representative can make him-
self available. Please let me know if this is the date that is decided
on.
Sincerely yours~
JUDITH T. TERRY
TOWN CLERK
REGISTR/SR O1' VITAL SI \IISIICS
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
TELEPHONE
(516) 765-1801
April 27, 1983
To:
Southold Town Zoning Board of Appeals
From: Judith T. Terry, Southold Town Clerk
Transmitted herewith is Zoning Appeal No. 3129 application of Irene 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,~Build_ing D~part~ent; and survey.
// '~ ~--'~ --'~"~- -' ...~. ,.,~.
Southold Town Clerk
NAME
PROOF OF MAILING OF NOTICF
ATTACH CERTIFIED MAIL RECEIPTS
ADDRESS
LEON MARCUS
P. 0. Box 764
Orient, New York 11957
CAROLNLEYER
245 East 11 Street
Orient, New York 11957
~ iCc ] 3OIAU3S ~laa3U NUfl.L3U
S3:31A~35 1VNOLLd0
New Yor~c
9L61 udv '008~ tu~od Scl
, residing at Paradise Point Road,
, being duly sworn, deposes and says that on the
of April ,19 85 , 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 Gre enport, New York ; that said Notices were mailed to each of said persons by
(certified) (re~Cq~i%recxd~ mail.
Sworn to before me this o~-~°TA'~'~
day of ~r°~: Ic- ,19 ~3
Notary Public
Gilbert
SHORT ENVIROR-~ENTAL ASSESSMENT FORM
0
0
0
0
0
0
0
INSTRUCTIONS:
(a) In order to answer the questions in this short gAF is is assume4 that the
preparer will use currently available information concer~ing the project and the
likely impacts of the action, It is not ex-peered that additional studies~ research
or o%her investigations will be undertaken.
(b) If any question has been answered Yes the project may be si~nificant and a
ccmpleted Environmental Assessment Form ia necessary.
(c) If all questions have been answered No it is likely that this project is
no__~ significant·
(d) Environmental Assessment
me
3.
&.
5.
6.
7.
8.
10.
11.
12.
13.
Will project result in a large physical change
to the project site or physically alter more
than 10 acres of land? · · · . . .
Will there be a major change to any unique or
unusual land form found on the site? .
Will project alter or have a large effect on
an existing body of water? · o , · · ·
Will project have a potentially large impact 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 to 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 recreational opportunities2 . . .
Will project result in major traffic problems or
cause a major effect to existing t~ansporta~ion
Will project 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?
1L.
Will project Affect the existing community by
directly causing a growth in permanent popula-
tion of more than 5 percent over a one-year
period or have a major n~gative e£~ect on the
character of %he com~munity or neighborhood?.-
15. Is there.public conuroversy concerning
~/~./?$
Yes~ No
Yes~ No
Yes -~ No
,,. Yes ~" No
Yes ~No
Yes ~/ No
Yes ~'No
Yes ~' No
Yes_~ No
Yes ~No
Yes ~ No
Yes ~No
iyes /~ No
Yes
Yes
(Today's Date)
To: Southo!d To;~n Board of Appeals
b!ain Road
Southo!d, NY 11971
Re: Appeal Ap_ lieatio , Of
Location of Property: . ~//~
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 La%~, please be advised that the
subject property i~ tke within apmeal aprlzc~=.on:
(please ' ~
cnec.< one box)
[ ] May be located within 300 feet of tidal wetiands;
cons==~c=~ along the water-lying edge
of this property is a bulkhead in very good
condition and at least 100 feet in length.*
[ ] ~ay be 'located within 300 feet of tidal wetlands;
however, constructed along the wa~ ~- ~ ~
~e~ ly_n~ edge
of this~oro~e~t~. _ ~ is a bu.~.n~ad'~' = in need of (m~.o~);~ ~
(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.
not
[ ]
appear to
May be locatedw~'=' '~n~n 300 feet of tidal wetlands;
.and there is no bulkhead or concrete wall existing
on ~,.~ premises.
Is not located within 300 feet of tidal wetlands
to the best of my knowledge.*
[Starred items (*) indicate your property does
fall.wi, thin the jurisdiction of the N.Y.S. D.E.C.]
Sincerely yours,
(Signature plbasel
NOTE: If proposed project falls witch,in D.E.C. jurisdiction,
approval must be received an~ submitted to our office before
your application can be.scheduled for a public hearing.
.~.~.~.:. ..~...' . '.... .. .. '.. . . - -.
June 13, 1983
Mr. Robert G. Douglass
Orient, New York 11957
Re: Irene Papadakis
Dear Mr. Douglass:
Please be advised that I represent Irene Papadakis in her
attempt to obtain permission to operate a skin care clinic
as a home office occupation on Main Road in Orient.
Miss Papadakis has informed me that you may be willing to
help her identify other home occupations which take place
in Orient.
If you would be so kind as to either write me a letter which
I could read on Miss Papadakis' behalf to the Zoning Board
on Thursday, June 23, 1983 or if you could appear at that
time to make a statement in Miss Papadakis' behalf, I would
be most appreciative.
Please feel free to call me at my Greenport office -477-1930-
any time at your convenience.
Thank you so much for your help in this matter.
Sincerely,
Michael J. Hall
MJH: jh
2t
16,3A(C)
3