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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