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HomeMy WebLinkAbout2932 TOWN OF SOUTHOLD, NEW YOKK ACTION OF THE ZONING BOARD OF APPEALS Appe~ No. 2932 by application Dated November 20, 1981 and application for rehearing dated January 14, 1982 ACTION OF THE ZONING BOARD OFAPPEALSOF THE TOWNOFSOUTHOLD To Abigail A. Wickham, Esq. as attorney for Jay P. Slotkin, M.D. Main Road, Mattituck, NY 11952 Appellant at a meeting of the Zoning Board of Appeals on Apr il 14, 1982 was considered and the action indicated below was taken on your ( ) P~equest for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance Art. III, Sec. ( ) the appeal 100-30 ~anfed ( ) be denied pursuant ~ Article .................... Section .................... Subsection .................... para.apb .................... of the ~n/ng ~dinance and the decision of the Building Inspector ( ) be reversed ( ) be ~Xmva~x~L~/ePublic Rehearing Held 3/19/82: Application of Jay P. and M. Joanne-Davis Slotkin, by Abigail A. Wickham, Esq., Main Road, Matti- tuck, NY for a rehearing of Appeal No. 2932 for permission to establish multiple professional medical offices on premises zoned "A" Residential and Agricultural, varying the zoning ordinance, Article III, Section 100-30. Location of Property: 50 Ackerty Pond Road (a/k/a 49725 Main Road), Southold, NY; bounded north by Johnson; west by Baker and Stout- enburgh; south by Ackerly Pond Road; east by Main Road; County Tax Map No. 1000-70-5-4. (SEE ATTACHED SHEETS) 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical hardship because difficulties or unnecessary (SEE ATTACHED SHEETS) (b) The hardship created (is) (is not) unique and (would) (would not) be .shared by aY properties alike in the immediate vicinity of this property and in the same use district because (SEE ATTACHED SHEETS) (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (would not) (SEE ATTACHED SHEETS) and therefore, it was further determined that the requested variance ( that the previous decisions of the Buildin~ Ins!o~ector RECEI ED THE ..... ,., FORM ZB4 // ' ,.i ~own Clerk, Tcwn ) be granted ( confirmed ( ) be reversed, lk ~NING BOARD OF APPEALS ) be denied and page 2 - Appeal No. 2932 Matter of Jay P. Slotkin, M.D. Decision Rendered April 14, 1982 By this appeal, applicants seek a variance to the provisions of Section 100-30 for permission to use residentially zoned property to be used as a three-profession office-type building. The premises in question is located on the north side of State Route 25 and the east side of Ackerly Pond Road, Southold, and comprises approximately .59 of an acre. The property is improved with a 1½-story wood frame house and accessory garage. It'is designated on the Suffolk County Tax Map as District 1000, Section 70, Block 5, Lot 4. A majority of the properties surrounding the subject premises is zoned "business"; and the parcel immediately north of these premises is zoned residential as well as the property immediately east of the subject premises. At the hearing, it was shown by dollars and cents proof that the land in question could not yield a reasonable return if used for any of the uses allowed in this district by applicants evidencing: the amount paid for the land in question; its present value; maintenance expenses; land taxes; the amount of mortgages and other encumbrances. Testimony was offered by real estate brokers testifying the value of the premises with improve- ments to be around $60,000, and if in another residential location between $72,500 and $75,000. The brokers also testi- fied that during the period of time this property was listed with their offices, only one offer to purchase was made, and that offer was made subject to obtaining this use variance. Apparently the reasons for this lack of interest by potential customers was due to the expansion of the surrounding businesses and the busy street intersections. In considering this appeal, the board determines that the burden of unnecessary hardship has been satisfied in that the land cannot yield a reasonable return if used only for a ~urpose allowed in this district; that the circumstances are unique; that the use applied for will not alter the essential character of the neighborhood; that the use will not prevent the orderly and reasonable use of adjacent properties or of property in adjacent use districts; that the use will not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the proposed use is to be located, or of permitted or legally established uses in adjacent use districts; that the safety, health, welfare, comfort, convenience and order of the town will not be adversely affected by the proposed use and its location; and that the interests of justice will be served by allowing the variance conditionally as noted below. On motion by Mr. Sawicki, seconded by Mr. Grigonis, it was RESOLVED, that the application of Jay P. Slotkin, M.D., Appeal No. 2932, is hereby ~r.anted SUBJECT TO THE FOLLOWING CON- DITIONS: (a) Any future expansion must be approved by the Board of Appeals by formal application prior to construction; (b) Not more than three medical professionals; (c) There shall be a minimum of 12 parking spaces which shall be in compliance with Section 100-112(C) of the Zoning Code; (d) The parking areas shall be paved with four inches of crushed bluestone blend, rolled; (e) Screening with hedges or wooden stockade fence along the rear and side property lines abutting the residential parcels Pa~e 3 - Appeal No. 2932 Matter of Jay P. Slotkin, M.D. Decision Rendered April 14, 1982 not less than 3' and up to 6' high; (f) Egress and ingress shall be off Ackerly Pond (g) No removal of the existing black-pine shrubs road front property areas. Location of Property: 49725 Main Road (a/k/a Pond Road), Southold, NY; County Tax Map Parcel No. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Douglass and Sawicki. This resolution was unanimously adopted. Road; along the 50 Ackerly 1000-70-5-4. Grigonis, TO~ OF $OUTHOLD, NEW YORK ACTION OF THE ZONTNG BOARD OF APPEALS Appeal No. 2932 by application Dated November 20, 1981 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Abigail A. Wickham, Esq. Main Road, P.O. Box 1424 Mattituck, NY 11952 Appellant at a meeting of the Zoning Board of Appeals on December was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance Art o TIT, ( ) 17 r 1981 me appeal Section 100-30 1. :~lMJ~:~2~A'l~9~X~14~foXJ~K~gll~X~~Xffil~XK~lre. Fa~:F~ion ( ) be granted ( ) be deffied pursuant to Art~le .................... Section .................... Subsection .................... para.apb .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be %V~x~F~l~bWO~hFex Public Hearing 12/17/81: Application of Jay P. and M. Joanne Davis-Slotkin, Box 950, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-30 for permission to establish professional medical offices on premises zoned "A" Residential and Agricultural at 50 Ackerly Pond Road (a/k/a 49725 Main Road), Southold, NY; bounded north by Johnson; west by Baker and ano.; south by Ackerly Pond Lane; east by Main Road; County Tax Map Parcel 1000-70-5-4. (SEE REVERSE SIDE) 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because (SEE REVERSE SIDE) practical difficulties or unnecessary (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because (SEE REVERSE SIDE) (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (would not) (SEE REVERSE SIDE) and therefore, it was further determined that the requested variance ~ ; be ~ranied ( ; be d~ded and that the previous decisions of the Building Inspector ) be conf~ ~d2~C~Fmq. AHD FILED BY CG: lk FORM ZB4 APPROVED - '- / 'h irmBn BoBrd Appel' ZONING · ~.,~ SOUTiiOLD T~ ,, N' ~.L~R~ DAT~/'~/'/'~/~/t{OU~ Town Clerk, Town of Southol~ Appellant has applied to this Board for a use variance to permit establishment of professional medical offices for applicant and other medical professionals located on the northerly side of Main Road (N.Y. Route 25) and the easterly side of Ackerly Pond Lane (a/k/a Bowery Lane), Southold. The premises are presently zoned "A" Resi- dential and Agricultural and comprises approximately .59 of an acre and are shown and designated on the Suffolk County Tax Map as District 1000, Section 70, Block 5, Lot 4. The subject premises has constructed thereon 1½-story frame house with accessory garage. The property on the north side of the Main Road west of Ackerly Pond Lane is in the "B~i" General Business Zone and extends westerly approximately 1,500 feet. The property on the south side of the Main Road west of Ackerly Pond Lane is also in the "B-i" General Business Zone, and extending westerly of this "B-l" Zone are proper- ties zoned "B" Light Business. Properties on the south side of the Main Road directly opposite the subject premises are zoned "C-Light" Industrial for approximately 337 feet along the Main Road. Section 100-30C(1) of the Zoning Code permits "Home Occupations" in the "A" Zone as an accessory use. Under the definition of "Home Occupation" (Section 100-13), the professional office of a doctor is permitted provided that the office is located in a dwelling in which the practitioner resides, or in a building accessory thereto. The Appellant (a practicing doctor) could establish a medical office in the dwelling on the premises or in a building accessory thereto provided he resided there and employed not more than one nonresident assistant. Presumably, however, Appellant does not wish to have only his own medical office on the premises, but instead desires to change the use of these premises to permit the use of professional offices. Such a use is not permitted in an "A-Residential and Agricultural District. It is permitted in the "B" and "B-l" Business Districts. Since the variance applied for is a use variance, before this board may grant such a variance the record must show 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 to 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. The courts have held that a claim that the property is yielding less than a reasonable return requires proof, in dollars and cents form, of all matters bear- ing upon the return available under existing zoning, including proof that no permissible use will yield a reasonable~return. Dollars and cents evidence was not presented for the record, except that the property has been on the real estate market for some time without success, and that one of the real estate brokers not present at the hearing felt that the value of this property for residential use was significantly less than it would have in some location other than a business area, and the if the residence were permitted to be used for professional offices it's value would increase by at least $15,000. No factual written dollars and cents proof, or expert testimony was presented to show that the property could not yield a reasonable return. Therefore, this board concludes that the evidence presented does not support the grant of the variance applied for. This board does believe that there is, however, a public need for the type of facility proposed by Appellant in the Hamlet of Southold, and that perhaps the Town Board should consider the extension of the present business district to embrace Appellant's property. On motion by M/r. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, for the reasons set forth herein, the variance request in Appeal No. 2932, is denied. Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Douglass, Goehringer and Sawicki. This resolution was unanimously adopted. 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 Town Hall, Main Road, Southold, NY on Friday, February 26, 1982 commencing at 7:30 and as follows: 7:30 p.m. Application of Clara Prout, 107 Greenacres Avenue, White Plains, NY 10606, for a Variance to the Zoning Ordinance, Article III, Section 100-31, for permission to construct deck addition to dwelling with an insufficient rearyard setback at 465 Private Road #3 (off Pine Neck Road), Southold, NY; bounded north by Jockey Creek; west by Dyer; south by Norris; east by Shecter; County Tax Map Parcel No. 1000-70-6-16. 7:40 p.m. Application of Anastasios and Anna Parianos, 43-21 Astoria Blvd., Long Island City, NY 11105, (by Gary Flanner Olsen, Esq.) for a Variance to the Zoning Ordinance, Article III, Sections 100-30 and Bulk Schedule, for permission to reconstruct and locate second dwelling as existed prior to destruction by fire with insufficient yard area(s) at the southwesterly corner of Peconic Bay Boulevard and Sigsbee Road, Laurel, NY; more parti- cularly known as Lot 108A on Amended Map of Mattituck Park Proper- ties, Inc., Map No. 801; County Tax Map Parcel No. 1000-126-5-13. 7:50 p.m. Application of Dimitrios Pavlidis, by Garrett A. Strang, Box 1412, Southold, NY, for a Variance to the Zoning Ordi- nance, Article III, Section 100-31 for permission to construct one-family dwelling with an insufficient rearyard setback at 790 Hickory Avenue, Southold, NY; bounded northwest by Williams; west by Hickory Avenue; southeast by Carrol; east by Dow; County Tax Map Parcel No. 1000-54-6-6. 7:55 p.m. Application of Barney Monticello, Basin Road, Southold, NY (by William B. Smith) for a Variance to the Zoning Ordinance, Article III, Sections 100-30 and 100-35 for permission to construct tennis court on a corner lot, described as Lot 6 on Map of Paradise Point, Map No. 3761; County Tax Map Parcel No. 1000-81-1-12. 8:05 p.m. Application of Mr. and Mrs. James Mullins, Box 882, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition to dwelling with reduced frontyard area off Sunset Lane. Location of Property: Corner of Sunset Lane and West Lane, Southold, NY; bounded north by Dickerson; west by Sunset Lane; south by West Lane; east by Mullins; County Tax Map Parcel No. 1000-88-6-6. 8:10 p.m. Application of Jay P. and M. Joanne Davis-Slotkin, ~ (by Abigail A. Wickham, Esq., Main Road, Mattituck, NY) for a rehearing of Appeal No. 2932 for permission to establish profes- Southold f Appeals Meeting for ,ruary 26, 1982 ionalmedical offices on premises zoned "A" Residential and ~ gricuttural, varying the zoning o~dinance, Article III, Sec- ~ ion 100-30. Location of Property. 50 Ackerly Pond Road ~ a/k/a 49725 Main Road), Southold, NY; bounded north by John-\ on; west by Baker and Stoutenburgh; south by Ackerly Pond \ oad; east by Main Road; County Tax Map Parcel No. 1000-70-5-4.~ 8:30 p.m. Application of Nicholas D. Yuelys, 56005 County Road 48, Greenport, NY for a rehearing of Appeal No. 2886, for a variance to the zoning ordinance, Article III, Section 100-32 for permission to construct accessory building in the frontyard area at 56005 C.R. 48, Greenport, NY; bounded north by L.I. Sound; west by Chudan; south by C.R. 48; east by Atwan. County Tax Map Parcel No. 1000-44-1-19. 8:40 p.m. Recessed Hearing of Appeal No. 2944, application of Barbara Kujawski to conduct real estate branch office on premises zoned "A" Residential known as 125 Sound Avenue, Matti- tuck, NY. DATED: February 4, 1982. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN By Linda Kowalski, Secretary Instructions to newspapers: Please publish once, to wit, Thursday, February 18, 1982 and forward 7 affidavits of publication to: Board of Appeals, Main Road, Southold, NY 11971 on or before February 24th. (765-1809 Linda) Copies have been forward on 2/11/82 to the following: Suffolk Times L.I. Traveler-Watchman Ms. Clara Prout, 107 Greenacres Ave., White Plains, NY 10606 Mr. Thomas Reed as agent for Ms. Prout, Pine Neck Road, Southold. Gary Flanner Olsen, Esq., Main Road, Mattituck, NY 11952 Mr. and Mrs. A. Parianos, 43-21 Astoria Blvd, L.I.C., NY 11105 Mr. Garrett A. Strang as agent for Pavlidis, Box 1412, Southold. Mr. William B. Smith as agent for Monticello, Main Road, Southold. Mr. Barney Monticello, Basin Road, Southold. Mr. and Mrs. James Mullins, 444 East 20th St., NY, NY 10009 Mr. and Mrs. James Mullins, 1715 Sunset Lane, Southold. Abigail A. Wickham, Esq. for Davis-Slotkin, Main Road, Mattituck. Dr. and Mrs. Jay P. Slotkin, Box 950, Cutchogue, NY 11935. Nicholas D. Yuelys, Esq., 6159 Broadway, Bronx, NY 10471 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date /V/or/~-/-r?Y~- / c- 1 ff~./... File No ................................ ...i.:..~.,.&..¥~.,::,:. .................. ...?,.,:~.~..:.~:~ .......... PLEASE TAKE NOTICE that your application dated ..../.~.a?../<.~.~...~5 .~..~.c~.. {.:.., 19 . .~./.. · . (.cFC... at for permit to oomde~y~ ~.5.~... ~&~.~./..~:~../..~E.%. ~//./.-~. c?..~..~.~. Location of Property ~/..:?.., .... :.....m~...~.¥?. q..~--/-~ House No. / Street Ham/et Co.nty T~ Map No. 1000 Section ....~?.~/.~.. .... moc~ ....~..?. ...... ~ot ...O.q..~. ...... Subdivision ........ 'i ........ Filed Map No ................. Lot No .................. is returned herewith and disapproved on the foi]owL~8 ~ounds . 7~../.~"~-~'. z. ~.'. ,/.~.. ~c.A~"~.~/~. · ¢..5-~... ,:%..:.-¢.....~..~. ~...,..~. :~ :..~.....~..~.~../...~¢:~.. · ..~. .................. ......... ~.,~:..,~: ..... :~.~..... :.: ?..-.:.:.....:.. ~)~.: ............... / Buildi~ag Inspector RV 1/80 - TOWN OF SOUTHOLD, NL~V YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We)~,..~v..&.#,~/~m~..D~v~-ll,,~]~,,Jr,~l~....of ..l~.,..O~..2m~.gSD ................................................ Name of Appellant Street and Number .............. ~l~J~]g~.;. ...................................... i ....................... ...l~......~...a~... ......... 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 Name of Applicant for permit of · .,..m.. ............................ ...................... .... Street and Number Municipality State (X) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( ) 1. LOCATION OF THE PROPERTY ..#/S..I~I~..R~.,..2~,I~;I~..."..~.."......R~...:...~....~...~:. ................ Street Use District on Zoning Mop Mop No. Lot No. $C't~#1000-?0-5.-4 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.) __ ~..~-~{~.t& ?T~ k~.. 100-30 3. TYPE OF APPEAL Appeal is made herewith for (X) A VARIANCE to the Zoning Ordinonce 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 /j~;~j[(hos not) been made with respect to this decision of the Building Inspector or with respect to this property. Such ~ppeal 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 (X) A Variance to the Zoning Ordinance ( ) is requested for the reason that ~:~:Lmmt, Form ZB1 (Continue on other side) REASON FOR APPEAL , Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because ~he pz~;~zl:y :L~ surrounded on two mLdoa by ~ ~ ~ ts ~n prim GO~d~LLQn end b grounds m n~oe~y hndeoiped. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because t~tLa :La tl~ md.y omm~z ~y at. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because b nm~ u ) ss ................................... : ........ COUNTY OF Sworn to this ...... t.~..... ............................... day of f/ ..... , ....... .............. ~o. S~ .0~ o~ ~ew York K JUDITH T. TERRY TOWN CLERK R~GISTRAR OI VITAL STATISTICS TELEPHONE (516) 765-1801 Southold, L. I., N. Y. 11971 November 20, 1981 To: Southold Town Zoning Boardo£ Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No. 2932 application of ~ay P. Slotkin 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 of the property. JTT/bn Enclosures ~udith T. Terry Town Clerk Legal Notice to the following on or about Monday, Dec. 7, 1981: Suffolk Times, Inc. L.I. Traveler-Watchman, Inc. Mr. Brophy Mr. Latham Ms. Davis Rudolph H. Bruer, Esq. Mr. Peter S. Terranova Rudolph H. Bruer, Esq. Mr. David Strong Frank E. James P. Janet A. for Davis for Terranova Richard J. Cron, Esq. for Strong Abigail A. Wickham, Esq. for Davis-Slotkin Mr. Martin Nelsen William J. Clark, Esq. for Yaboni & Hauptman Mr. William A. Kreitsek Mr. Richard A. Miller WILLIAM WICKHAM ER~C J, BRESSLLR ABIGAIL A, WICKHAM ALeX T. EHLERS WlCKHAM, WlCKHAM & BRESSIER, ~.c. MAIN ROAD~ P.O. BOX I~24 MATTITUCK LONG ISLAND NEW YORK 11952 516-298 8353 November 18, 1981 Southold Town Clerk's Office Town Hall Main Road Southold, New York 11971 Re: Application for Variance - Jay P. Slotkin Gentlemen: In connection with the above, I am enclosing the following: 1. Notice of Disapproval of Building Inspector. 2. Application in triplicate. 3. Notice to adjoining owners with certified receipts and affidavit of service. 4. Three copies of the survey. 5. Check to your order in the sum of $15 for filing fee. 6. Short Environmental Assessment form. 7. Wetlands letter. Very truly yours, AAW:mld encls. CONSENT HENRY I. LATHAM and JEAN E. LATHAM, the owners of the property on the northwest corner of the Main Road and Ackerly Pond Lane, Southold, New York, consent to the ap- plication for a use variance by JAY P. and M. JOANNE DAVIS- SLOTKIN. Henry I. Latham /! Jean E. Latham Dated: November /~ 1981 SHOi,T EHVIRONMENTAL ASSESSI4ENT FORI4 INSTRUCTIOHS: · · ~ (o) I~ order to answer the questions in this short EAF it is assumed that the preparer ~.till use currently ovoLloble information concerning the project end the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been ons~ered Yes the project may be significant and a completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that this project is not significant. .. (dj Environmental Assessment '' 1. Will project resul% in o large physical change to the project site or physically alter mare · land? Yes ~? No than 10 acres of ........................ 2. ¥1ill there'be a major change to any unique or .unusual land form found on the site? .........., ¥e$~ 3. ¥~ill project alter or have a large'effect on existing body o~ water? ....................... ~ YDs, 4. Will projec~ have o potentially large impact 7 on ground%voter quality? ....................... Yes 5. ¥1ill project significantly effect drainage flo~ on adjacent sites? ........................ Yes .... , 6. ¥1ill project affect any threatened or endangered plant or enlmal species? ........... Yes. 7. ¥1ill project result in a major adverse Yes ~ No : on air quality? ............................... 8. ¥;ill project have a major effect on visual character of the community or scenic views or vistas known to:be important to the community?, Yes,/.No ~. ¥;ill project adversely impact any site or .- · structure of historic, prehistoric or paleontologic01 importance or any site designated os o critical environmeatol oreo 10, Will project hove o major e~£ect on existing or future recreational opportunitiqs? .......... Yes,~ No 11. Will project result in.major traffic problems o~ cause o major effect to ex. isting transportation systems? ....................... Yes,/No 12. %?ill project ,regularly cause objectionable odors, noise, glare, vlbra~ion, or elec'~rical disturbance os o result O~ the project's tlon? ' Yes ~ No opera' 13. %~ill project have any impact on public health or.safety? .................................... .. Yes,~No 14. ¥1ill p~oj~ct effect the existing community by directly causing o growth in permanent population of more then 5 perccgt over o one year period or have a major negative effect on the character of ~he community or neighborhood? ................................. Yes ~No 15. Is there public controversy concerning thc project? ...................................... Yes· PREPARER'S SIGNATURE ~ REPRESENT I NG_Jay p. Slotkin & M. Jeanne Davis-Slotkin DATE zl/18/81 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 Board of Appeals at the Town Hall, Main Road, Southold, NY on Thursday, December 17, 1981 commencing at 7:15 o'clock p.m. as follows: 7:15 p.m. Application of Frank E. Brophy, 75 Second Street, New Suffolk, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to construct deck addition to dwelling with an insufficient front and side yard setback at 75 Second Street, New Suffolk, NY; bounded north by Grathwohl & ano.; west by Martin; south by Wetzel, Grathwohl and ano.; east by Second Street. County Tax Map Parcel No. 1000-117-10-20.7. 7:25 p.m. Application of James P. Latham, Plum Island Lane, Orient, NY for a Variance to the Flood Damage Prevention Law, Chapter 46, Section 46-19 for permission to construct cellar slab approximately eight feet above mean sea level in this V-5 Coastal Flood Zone and without structural support and anchorage by pilings or columns. Location of Property: Private Road (Peter's Neck Pt.), Orient, NY; bounded north by G. Latham and Gids Bay; west by Strachan, Private Roadl and Bliss; east and south by Orient Harbor. County Tax Map Parcel No. 1000-32-1-12. 7:35 p.m. Application of Janet A. Davis, Carrington Road, Cutchogue, NY for a Variance to the Zoning Ordinance, A~ticle III, Section 100-30A, B for permission to operate an antique shop in an A-Agricultural & Residential District. Location of Property: Corner of Main Road and Pequash Avenue, Cutchogue, NY; bounded north by Scharadin; west by S.R. 25; south by Pequash Avenue; east by Carroza. County Tax Map Parcel No. 1000-102-3-7. 7:50 p.m. NY for a Variance 100-31 and 100-34 Application of Peter S. Terranova, Box 77, Peconic, to the Zoning Ordinance, Article III, Sections for permission to construct deck addition to dwelling with reduction of frontyard area and beyond property line. Location of Property: 1170 Huntington Blvd (a/k/a 565 Sound Ave.), Peconic, NY; bounded north by Murdock; west by Sound View Ave.; ' -Page 2 - Legal Notic~ Board of Appeals Re.ar Meeting of December 1~981 south by Huntington Blvd.; east by Hoffman; County Tax Map Parcel No. 1000-67-2-1. 7:55 p.m. Application of David Stronq, by Richard J. Cron, Esq., Main Road, Cutchogue, NY for a Variance to the Zoning Ordi- nance, Article XIV, Section 100-141(D) for permission to construct additions to existing building pursuant to Appeal No. 825. Location of Property: 2400 Camp Mineola Road, Mattituck, NY; bounded north by Strong; west by Wilsberg, Strong and James Creek; south by Kreh & ano.; east by Kreh & ano. County Tax Map Parcel No. 1000-122-9-6.1. ' 8:05 p.m. Application of .Jay P. & M. Joanne Davis-Slotkin, ~ x 950, Cutchogue, NY for a Variance to the Zoning Ordinance, ticle III, Section 100-30 for permission to establish professiona~ dical offices on premises zoned "A" Residential and Agricultural ~ ~ at 50 Ackerly Pond Road (a/k/a 49725 Main Road),.Southold, NY; bounded north by Johnson; west by Baker and ano., south by Ackerly ~Pond Lane; east by Main Road. County Tax Map Parcel No. 1000-70-5-4~ 8:20 p.m. Application of Martin Nelsen, Great Peconic Bay Boulevard, Laurel, NY, for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition with reduction in frontyard area at 2835 Great Peconic Bay Boule- vard, Laurel, NY; bounded north by Williams; south by Gt. Peconic Bay Blvd.; east by Blvd. Tax Map Parcel No. 1000-128-5-4. west by Wendy Drive; and Kennedy. County 8:25 p.m. Application of William J. Clark, Esq. for Joseph Yaboni and Myron Hauptman, Middle Road, Mattituck, NY for a Variance to the Zoning Ordinan¢ ~, Article III, Sections 100-30(A) and 100-32B for approval of insufficient side yard areas of exist- ing buildings due to location of new lot lines. Location of Property: Oregon Road and Elijah's Lane, Mattituck, NY; bounded north by North Road and Reliable Associates; west by Elijah's Lane; south by Tuthill; east by Yaboni & ano. County Tax Map Parcel No. 1000- 100-4-6. Page 3 Legal Notice Board of Appeals Regular Meeting of December 17, 1981 8:40 p.m. Application of William A. Krietsek, 9030 Sound- view Avenue, Southold, NY for a Variance to the Zoning Ordinance Article III, Section 100-31, Bulk Schedule for approval of the construction of attached deck and pool with reduced rearyard set- back at 9030 Soundview Avenue, Southold, NY; bounded north and east by Grattan; south by Mudd; west by Kreitsek. County Tax Map Parcel No. 1000-59-7-27.2. 8:45 p.m. Application of Richard A. Miller, 2895 Aldrich Lane, Laurel, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct wind generator exceeding the maximum height requirements at 2895 Aldrich Lane, Laurel, NY; bounded north and west by Town of Southold; east by Aldrich Lane; south by Boschetti. County Tax Map Parcel No. 1000-125-2-1.5. Dated: December 5, 1981. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS Instructions to newspapers: Please publish Thursday, December 10, 1981 and forward 10 affidavits of publication to Board of Appeals, Town Hall, Southold, NY 11971, on or before December 16, 1981. SEE SEC NO. 069 BOWERY 2o~.~ SOUTHOLD SCHOOL 8.SA(c) DISTRICT NO.5 29 26 L8 A(c ) JOCKEY 30 CREEK jockey L4 A 6.0 A (c) W AVE. (sob CUSTER CLEARVIEW L. A ti £; ~o~rp Interna~ Medicine Telephone Gastroenterology ~16 - 477-0070 Z. MICAH KAPLAN, M.D., P.C. 234 Fourth Avenue Greenport, New York 11944 December 2, 1981 Mr. Charles Grigonis Board of Appeals Town Hall Main Road Southold, NY 11971 Re: Jay P. Slotkin, M.D. Dear Mr. Grigonis: Dr. Slotkin has been known to me during the past six months. He is presently in the process of establishing a practice of Internal Medicine here in Southold Town. I am delighted about his decision and all of us on the Medical Staff at Eastern Long Island Hospital look forward to working closely with him in the future. His professional credentials are outstanding and he will be a fine asset to our comm~zuity. Any guidance in helping him locate in Southold Town in greatly appreciated. ZMK/skf Sincerely yours, Z. Micah Kaplan, M.D., D.I.M. ~e$,-fMedical Staff ter~ Long Island Hospital LEGAL NOTICE NOTICE IS HEREBY GIV- EN, pursuant to Section 267 of the Town Law and the Provi- sions of the Amended Code of the Town of Southold, a Regular Meeting and the following public hearings will be held by the Sonthold Town Board of Appeals at the Town Hall, Main Road. Southold, N:Y. on Thursday, December 17, 1981 commencing at 7:15 o'clock p.m. as follows: 7:15 p.m. Application of Frank E. Brophy, 75 Second Street, New Suffolk, N.Y. for a Variance to the Zoning Ordin- ance, Article III, Section 100- 31, Bulk Schedule, for permis- sion to construct deck addition to dwelling with aa insufficient front and side yard setback at 75 Second Street, New Suffolk, N.Y. ~ MattW t~Grath- CaraP Idineola b'~ 'dartin; tuck, vqilsber g' ~wohl ] ames. Ce~:~l~; ~cond Strong 'arcel south 1 ~ax Ivlap by greh um r a COUNTY OF SUFFOLK STATE OF NEW YORK Patricio Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in, Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- man once each week for .................... ..N,. ................. weeks successively, commencing on the ...... ..~O ....................... .............. % .......... Sworn to before me this ..... ..~..~... .................. day of ......... ....... , nlng 6,o I.C~ . e~erator exceed. uct ~'md gl __ height re O^t . LoCation ~ the max~ru~5 ,AD nf prope~5 ~ Mattt ~ Lan · ~a · .h'S Lan<, ~bw~ort,, Bo~h an~ ~$UC N.y.; ~o~-neliable AssO~oath ~o~ o. south o~ parcel No. ~ax -'on o{ ~ CoUnt~ ~ Decem a an~BcaXX . a~o- ~ ~00-4-u' ~ .~oLD t~ _ "a.aO ~.m. "~' at pecomC No. tO~'~ i SOUth'_ Ordtna~[~ ~ermlsstOn ~ ,~ion ~7~ {or a ~art~ ~icle IlL -- l~.3l to[.[~ with reu~at ~'~: Ordinance qD'~ strU¢ adonis"., at 2835 ur~- ~nmg -~-31, Bu/~ ~-- ~ruC- ,,ml~ in ~ro~,.; ua~ ~uleV~- ~h b~ ~ anoroVal O~ aock and ~t Drive, ~. east b~ n"- ~ap ~t ~thold, N'Y" ~ ,. south b~ Ba~ BWo-, ~ ..ut~ ~ax ," bOO* . b~ GiottO-,_. ~o.~ea~- ~2 ;~8-S-a. . aha east ~=t b~ ~r~', ~o. ~*'~el ~o. 1~"' qcation ot ~udd; ~ tSa¢ parcet" rar~_, ~.m. APP~ ~s~. for ~ount~ ~ax ~' r ~h yabOn.,~ Road, 8:45 P' ~B~et, 289 . ~au9tmon' ~' ~ot a ~ariaU~ Richaru _ Laurel, ~'~' Or- ate Zon,,'~ l~.3u x~, ~arianc~ -'fie lB, o ~ a~.32B ~ox [i areas ol ~00-32 tot ~ Legal Notices LEGALNOTICE NOTICE IS HEREBY GIVEN, pursuant toSection 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, a Regular Meeting and the fol- lowthgpublic hearings will be held by the Southold Town Board of Appeals at the Town Hall, Main Road, Southold, NY on Thursday, December 17, 1981 commencing at 7:15 o'clockp.m.as follows: 7:15 p.m. Application of Frank E. Brophy, 75 Second Street, New Suffolk, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to construct deck addition to dwelling with an sufficient frOnt, and' side yard setback at 75 Second Street, New Suffolk, NY: hounded north by Grathw0~l &ano.; west by Martin~. south by Wetzel, Grathwohl and ano. east by Second Street. County TaxMapPar~:elNo. 1000.117-10. 20.7. 7:25 p.m.~ Applieatiop of James P. Laiha~; Plum Island Lane, Orient, NY for a Var- ianceto the FloodDamage Pre- vention Law~ Chapter 46, Section 46-19 for Permission to construct cellar slab approximatoly eight feet abeve mean sea level in this V-5 Coastal Flood Zone and without structural support and anchor- age by pilings or columns. Location of Property: Private Road (Peter's Neck Pt.), Orient, NY; boundod north by G. Latham and Gids Bay; west byStrachan, Private Road, and Bliss; east and south by Orient Harbor· County Tax Map ParcelNo. 1000-32-1-12. 7:35p.m. ApplicationofJanet A. Davis, Carrington Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100.30A, B for permission to operate an antique shop in an A-Agricni- tural & Residential District· LocationofProperty: Cornerof Main Road and Pequash Avenue, Cutchogue, NY; bounded north by Scharadln; west by S.R. 25; south by Pc- quash Avenue; east by- Carroza. County Tax Map ParcelNo. 1000-102-3-7. 7: 50p.m. ApplicationofPeter S. Terranova, Box 77, Peconic, NY for a Variance to the Zoning Ordinance, Article III, Sections 100-31 and 100-34 for permis- sion to construct deck addition to dwelling with reduction of frontyard area and beyond property line· Location of Pro- perty: 1170 Huntington Bird (a/k/a 565 Sound Ave.), Pe- ~c.onic., N.Y; bounded north by _.V.~nce to the Zoning Ordin- -- ~.r ticle 111~ Section 'fo~Fmissiontoestablishpro- ~EW YORK premises zoned "A" SS: xtesmenua~anOAgncuKuralat F SUFFOLK 30 Ackeriy Pond Road (a/k(.a ~-f; bounned north ey !.~.,a...~,.....p..y...s..k...o. ........................... of Greenport, in ssid Cou,ty, · 26Wnson; West by Baker and . . ano.; spurn ny ncl~erly Pond ~ IS a representative of THE SUFFOLK TIMES, a weekly 'L~ane; east by Main Road. nubliah ~oo-'~-~-4. rate of New York, and annexed is a printed copy that has - s:zo p.m~Application of BayBoulevard,Laurel, NY, for a Variance to the Zoning Ordin- ance, Article III, Section 100-31 for permission to construct addltionwith reductionin front- yardarea at 2~35 Great Peconic Bay Boulevard, Laurel, NY; bounded north by Williams; west by Wendy Drive; south by Gr. Peconic Bay Blvd.; east by Blvd. andKennedy. CountyTax MapParcelNo. 1000.12~-5-4. 0:25 p.m. Application of William J. Clark, Esq. for Jo* seph Yaboni and Myron Haupt- man, Middle Read, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Sec- tions 100.30(A) and 100.32B for approval of insufficient side yard areas of existing buildings due to location of new lot lthes. Location of ProPerty: Oregon Road and Elijah's Lane, Mattituck, NY; bounded north by North Road and Reliable Associates; west by Elijah's Lane; south by Tuthill; east by Yabeni & anm County Tax Map ParcelNo.1000.10044k 8:40 p.m. Application of WilHam A. Kreiteek, 9030 Soundview Avenue, Sonthold, NY for a Variance to the Zoning Ordinance Article III, Section 100-31, Bulk Schedule for ap- proval of the construction of at- tached deck and pool with re- duced rearyard setback at 9030 Soundview Avenue, Southold, NY; bounded north and east by Grattan; south by Mudd; west by Kreitsek. County Tax Map ParcelNo. 1000-59-7-27.2. 1~:45 p.m. Application of Richard A. Miller, 21195 Aldrich Lane, Laurel, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct wind generator exceeding the maximum height requirements at 2895 Aldrich Lane, Laurel, NY; bounded north and west by Town of Southold; east by Aldrich Lane; south by Boschetti. County Tax Map Parcel No. 1000-125-2-1.5. Dated: DecemberS, 19~1. BYORDEROF THESOUTHOLDTOWN BOARDOFAPPEALS 1TD10-3823 irly published in said newspaper once in each week ..... week(s) successively, commencing the...J..~..~ day ,~ttl..b...e..~..., 19....8.J ................. ;tore me this....?...O...~..,h. .......................... ~..e....m..b...e..~., .................. 19......8..! ........................... HE/FN K F,E NOTARy PUBIIC SlaCe of New York Term [xp~res March 30, Southold Town Bo~ard of Appeals -3- January 14, 1982 Regular Meeting RE: APPEAL NO. 2943 - Application of Fishers Island Develop- ment Corp. Requests variance to divide property (and dwelling) into two with insufficient area, width and sideyards at Whistler's Avenue, Fishers Island, NY, County Tax Map Parcel No. 1000-9-10-11. On motion by Mr. Grigonis, seconded by Mr. Douglass, it was RESOLVED, that the application of Fishers Island Development Corp., Appeal No. 2943, be tabled pending subdivision approval from the Southold Town Planning Board. Vote of the Board: Ayes: Messrs. Grigonis, Douglass and Goehringer. (Messrs. Doyen and Sawicki were absent.) Recent communications received from Wickham, Wickham and Bressler (received approximately 3:30 p.m. today) was reviewed by the board members. Applicant's attorneys would like an opportunity to present additional information at a rehearing concerning the matter of Jay P. and M. Joanne Davis-Slotkin, Appeal No. 2932. On December 23, 1981 this board's formal findings and decision were filed with the Town Clerk and simultaneously forwarded to applicant's attorneys denying the original appeal. It was the feeling of the members present that this request should be brought up when the entire board has had an opportunity to review same. The meeting adjourned at approximately 7:50 p.m. Respectfully submitted, Gerard P. Goehringer, Chairman WICKHAM, WICKHAM & BRESSLER, P.c. mATTITUCk LONG ISLAND NEW YORK 119S2 516-298-8353 January 14, 1982 Board of Appeals Town Hall Main Road Southold, N.Y. 11971 Re: Appeal No. 2932 Slotkin - Latham Gentlemen: I would like to request a rehearing on this use variance application in order to present additional information, primarily expert real estate testimony which was not previously presented due to the inadvertent failure of the witness to appear. Since the contract contained a limited contingency period, I was unable to request an adjournment, but have since obtainedan extension from the Lathams. In addition to any evidence presented at the last hearing, we would be prepared to show the following: 1. By expert real estate testimony and by testimony of the owners, that the property cannot yield a reasonable return as a residence in that location. The brokers would address the questions of valuation and rental value. Specifically, we plan to establish: (a) the cost of the property: approximately $55,000; (b) the value of the property "as is" as a residence in a busy commer- cial setting: maximum of $60,000.00, if a buyer could be found; and the fact that no offers were received in three years even at this price, and other diffi- culties encountered in selling the property as a residence; (c) the value of comparable residence on Main Road in a non-business area: approximately $65,000 to $68,000; (d) the value of the property if the application was granted: at least $72,500; (e) the regular costs of carrying the house, including mortgage, taxes, utilities and regular repairs, which exceed the income to be anticipated from rental as a residence; (f) income to be anticipated on a rental basis as a professional office. In addition, testimony to be presented at a rehearing would show the unique nature of the problem, specifically that the intensity of business use is higher at this location than in the nearby residential areas on the Main Road, and in other areas Cont'd ........ Board of Appeals January 14, 1982 Page #2 of Southold Town where use variances have been denied. We believe this situation is distinguishable from the Lizewski application, for example, because of the financial facts, the more intense business setting in the Latham location, and the lack of self-imposed hardship. It is more comparable to cases in which use variances have been granted in the Town of Southold. Finally, by testimony from the purchaser as to his anticipated usage, we would show that the use would not change the character of the neighborhood. We would also argue that the use would not affect the neighborhood to the extent that a change of zone would, and would address the objections of the Suffolk County Department of Planning. Thank you for your consideration. Sincerely yours 'g~il ' Wickham AAW:ab cc: Dr. & Mrs. Jay P. Slotkin Rensselaer G. Terry, Jr., Esq. COUNTY OF SUFFOLK DEPARTMENT OF PLANNING Mr. Charles Grtgonis, Jr., Chairman Town of Southold Zoning Board of Appeals Southold Town Hall Main Road Southold, N.Y. 11971 January 7, 1982 Re: Application of "Jay P. and M. Joanne Davis-Slotkin" (#2932) Town of Southold (SD-81-15). Dear Mr. Grtgonis: Pursuant to the requirements of Section 1323 to 1332 of the Suffolk County Charter, the Suffolk County Planning Commission on January 6, 1982 reviewed the above captioned application and after due study and deliberation Resolved to disapprove it because of the following: 1. Sufficient information has not been submitted to demonstrate compli- ancewith applicable "use variance" criteria; 2. It constitutes an apparent circumvention of legislative powers ex- clusively delegated to the Town Board; and It would tend to establish a precedent for further business develop- ment in the locale along N.Y.S. Rte. 25 inconsistent with the Town of Southold Development Plan which designates this area for agri- cultural-single family residence development. Very truly yours, GGN:jk Lee E. Koppelman Director of Planning Gerald G. Newman'4 - Chief Planner 979-2920 ~xTHAM - Henry I. & Jean E. 723 Southold, NY JANUARY 2, 1982 To Whom It May Concern, We are the owners of the premises that Dr. Slotkin and wife Appeal No. 2932 are petitioning your Board of Appeals to change the Zone to 'B' or 'bl'. I thought I'd write to explain to your board about the request and circumstances of our position. First of all the Town of Southold has an easement thru that pipe of the state which is in our land running to the Main Road. Second, Our Life Savings are in these premises and can not retire or move away unless we can sell the premises. In fact no one else will buy the premises unless it can be business. In the Letters to your Board of Appeals from Sharp Realty and William B. Smith Realty has stated so. Third, My husband is on a Disability Retirement from Employ of Southold Town and can not do the upkeep of the premises as I stated to you on the night of the hearing. I have to work to help support the household and try & keep up the premises. It really is not good in all ways and too expensive to pay to have done these days. Fourth, In order to sell these premises we also have to take back a mortgage to the Slotkins. Fifth, Our contract with the Slotkins runs out on Jan. 19th 1982 and we are committed to another place and can not do anything about it until your decision. In fact the Board has it in their hands to_decide the fate of 4 innocent people. Sixth, All the other neighbors agree that we need more Doctor's in this town, and said it would enrich the neighborhood All we have to look at is "HART'S HARDWARE","ULRICH MARICH" , "CHERRY's GAS STATION" & THE CLOCK SHOP with DAVIS ANTIC's" also "SHARP REALTY". It is getting increasingly worse with all the people coming and going to those businesses. So I plead with the BOARD OF APPEALS to approve the change of Zone. Numerous Realty's around have brought numerous people to see the premises and they all stated "t~congested on the Main Road and the easement of the state". The Realtor's we have our premises listed run from Jamesport thru Orient. So: please study this matter more fluently and spare the anguish of ~ people. Does a native mean nothing to the town to a stranger? We are pleading for our lives and please consider the situation as you have 4 lives in¥our hands at stake. Board of/fpl eals To ' n ol Soulhold SINCE RELY YOURS Southold Town Boar~of Appeals eecember 17, 1981 PUBLIC HEARING: Appeal No. 2932. Application of Jay P. and M. Joanne Davis-Slotkin, Box 950, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-30 for permission to establish professional medical offices on premises zoned "A" Residential and Agricultural at 50 Ackerly Pond Road (a/k/a 49725 Main Road), Southold, NY; bounded north by Johnson; west by Baker and ano.; south by Ackerly Pond Lane; east by Main Road; County Tax Map Parcel 1000-70-5-4. MR. CHAIRMAN read the legal notice in its entirety, and the appeal application. The hearing was opened at approximately 8:11 o'clock p.m. MR. CHAIRMAN: Is there anything you would like to add? I have a letter here from Dr. Z. Micah Kaplan, M.D.P.C., chief, Medical Staff, Eastern L.I. Hospital stating that he is in favor of this variance. ABIGAIL A. WICKHAM, ESQ.: Yes, Gail Wickham, for the appli- cant. I'd like to first give to the Board, I took the liberty of preparing a survey and sketch for you because the zoning map that I enclosed with the application is a little hard to read in xerox. This sets out zoning - I also have a revised survey, the survey that was sent with the application was an old one. This shows the garage that apparently had been expanded slightly by the Lathams and it shows the driveway coming out onto Ackerly Pond Lane. So it's more up-to-date and I'd like to give you that for the file. MR. CHAIRMAN: Thank you. MRS. WICKHAM: I'd just like to go through a few items for you. The Slotkins are under contract to purchase this property, but the contract is contingent upon them obtaining a use variance to use the property as a professional office. Dr. Slotkin is a board-certified internist, and he has an emphasis in care of the elderly, which is quite a critical need in this area. He is starting a practice in this area and is interested in the property in order to have a place in which to conduct his prac- tice. Until it does expand, he may have the need financially to have other medical professionals in the building. Eventually he would hope to have this as his sole office with other people perhaps working with him and for him. It would be a normal private professional office practice by appointment. It would not be a clinic-type operation. It would have normal hours of operation. The traffic that would be used coming in in connection with this kind of use would not be at all excessive. It would be very moderate because of the appointment schedules. The other factor is that the exterior of the building would not be changing at all in terms of its appearance as a residence. And the property is well screened in terms of fencing and other types of vegetation, other vegetation. The difficulty that we have is with its location, and the problems that have encountered in selling it as a residence, the Lathams have lived there since 1965. They've had the property on the market for quite a number Southold Town Boar~of Appeals Decem~Der 17, 1981 (Appeal No. 2932 - Davis-Slotkin continued:) (MRS. WICKHAM continued): of years and have not been able to find a purchaser. Apparently, not too many people want to live on that type of corner where you are surrounded on three sides by industrial and business usage. And the fact that it is a corner lot and the fact that some of the business and commercial properties across the street are elevated on the hill, sort of increases this property's exposure to those types of usages. There are two residences which are adjoining this piece, and I don't believe either one of them would be adversely affected by the proposed change because the residential character or appearance would be retained and would actually act as a shield between the other business uses in the area. I was expecting Mr. Smith. I had spoken to William Smith, who as you all know is an experienced broker in the area, and he apparently is very familiar with this property. He had listed it for sale when the Lathams put it on the market some time ago. He showed the property a number of times. He did tell me that at least 15 to 18 times he would drive the people and they would not even go into the property. They just looked at it and said, "Oh, I don't want the property. It's on this corner location." And that was the general reaction to the property that he experienced. He felt that the value as a residence in that location was signifi- cantly less than the value that that residence would have in some other location. The residence is in very good shape, and it's a nice home and it's nicely landscaped, but the location is a problem. If it could be used as a professional office, the value it would be felt would be at least $15,000 more than as a residence. The application mentioned that the hardship is not self-imposed. In 1965 when the Lathams bought the property, the what is now the clock shop adjoining that across the road was a residence. Hart's Hardware was a very small business that has expanded considerably. The Church was not built at that time I don't believe. And Sharp Realty was not there, that was also a residence. One other thing I want to add is that the quesion came up as to whether to ask for a rezoning of this property, or to go for a use variance. And it was decided to go for a use variance because number one it is a much less drastic solution to the hardship caused by this property. I believe a few years ago when Sharp Realty asked for the property asked for a change it was by way of a use variance. I understand they had gone to the Planning Board and were going to the Town Board in connection with a change of zone, and it was recommended by the Planning Board that they instead go for a use variance. When we were negotiating the contract, I called Henry Raynor (Chairman of the Planning Board), and explained the situation Southold Town Boa~of Appeals D~cember 17, 1981 (Appeal No. 2932 - Davis-~lotkin continued:) (MRS. WICKHAM continued:) to him. He also suggested that we go for a use variance, and I think that while a use variance if not readily granted I think it is appropriate in this case. If there are any questions from the board, I'd be glad to see if I can answer them, or Dr. Slotkin can. MR. CHAIRMAN: Thank you, to speak for this application? it? Mr. Stoutenburgh? Mrs. Wickham. Is there anyone else Is there anyone to speak against PETER STOUTENBURGH: My name is Peter Stoutenburgh. I own the residence a little further down Ackerly Pond Lane that adjoins this and I got this notice a few weeks back and tried to play around as best I could, having come before this board myself, and understanding the changes when it is considered properly. Just really what my reactions were. First I couldn't understand why a need in this location would permit anything but a zoning change. Then I found out that it had happened to the real estate agency across the street from here. And I don't really oppose a doctor's office on the corner if the Town Planning Board or, if it was rezoned so that it was the understanding that it was set up in a special way that if it is an intersection, there are a number of corners and all the other corners are some sort of business use at the moment, I just feel it's sort of an odd changing the use, odd, and perhaps has a greater reaching end result that -- I don't know that much about it, perhaps the board does, and if the board wants to grant them, then grant it. I don't know how much that ties a property up. If it is going to be a professional building. The one right at the moment is Ackerly Pond right along side my property. Even with appointments and as mentioned possibly a couple of other people working in the office, if that's two, three, four individuals. The building needs to be expanded. How big is the parking lot. Where does the drainage run -- it seems to end up Ackerly Pond which is a relatively quiet street. I know the drainage would effect my property. If it's something that people who know more about this than I feel it is a proper direction to go, it certainly has less of an impact than a gas station. But I think a zoning change really is in order for something of this megnitude. At least if it is permitted to go as a professional center. I think that possibility seems to be left open. I leave that up to your judgment. Thank you. MR. CHAIRMAN: Thank you, Mr. Stoutenburgh. Anyone else? Yes, ma'am? MRS. LATHAM: I am the owner of the property. And my husband is a very sick man. He cannot take care of the property and that's the reason we have to sell the property. And I feel there's no reason that that should interfere with my neighbor's property. Southold Town Boar~of Appeals De~ember 17, 1981 (Appeal No. 2932 Davis-Slotkin continued:) (MRS. LATHAM continued:) That driveway and Ackerly Pond Lane. There has been an awful lot of traffic, not in my land, or coming down Ackerly Pond Lane. And I just feel that where I am the owner and my husband is not well enough to take care of this property, we have to sell it. And I am appealing to the board to please grant the change of zone (use variance). He doesn't live there now. We don't bother him. I mean, I don't see where this is going to hurt anything. We have a great big lot that he can use for the parking, and it isn't even going to .be near his land. MR. CHAIRMAN: Thank you. Anyone else? MR. STOUTENBURGH: I am not opposed to the use. I am very leary myself of an appeal which I feel is an awkward type of a thing to -- if it's going to be granted, I would like to see it changed to match the other corner lots and stuff. And, or, it hasn't even been turned down yet, hasn't been proposed I don't believe, changing the zoning. I guess what I am really looking for is to have that come up and find out if that's something the Town is willing to do. I am not looking to delay the sale, but I'm looking for some consideration in that respect. MR. CHAIRMAN: Thank you. Jerry? MEMBER GOEHRINGER: Are there any plans to add on to the building? MRS. WICKHAM: Well, not at the moment. His practice is just starting as a one-man operation, but eventually he will have a professional practic~ there for other medical professionals, medical professionals with him. I don't think we would want to preclude that. Certainly it would have to comply with the building code. MEMBER GOEHRINGER: I was just saying in light of the new survey that you have given us with the easement which almost cuts the property directly in half. MRS. WICKHAM: Well, that has been there for some time. It was put there to eliminate a problem on the town roads. I've been down to speak to Ray Dean (Highway Superintendent) and he didn't think there would be any problem to the property. That pipe has been there. It's just an 18" underground pipe and it's not likely that they would have to keep digging it up. MR. STOUTENBURGH: When was that put in, do you know? MRS. WICKHAM: The drainage easement was granted in '72. imagine it was some time after. (Mr. Stoutenburgh asked Mrs. Wickham another question which was not audible.) Southold Town Boa~of Appeals Dec, 17, 1981 MR. CHAIRMAN: We can't hear you, Peter. MR. STOUTENBURGH: I was just questioning if that was when the easement was granted, thewater used to drain under that road and it still does. Is that when that section which is to be the parking lot was filled, and the pipe was laid? MRS. LATHAM: Yes. The town was responsible and it had to be dug up to put it back. That is to help you and everybody else. The main trouble is the lower road. Not my property. MRS. north of in order WICKHAM: No, the water comes off Ackerly Pond Lane from the property, and apparently this easement was implemented to remedy that problem and follow it into the creek. MR. CHAIRMAN: Yeah, I remember even as a kid half the town would be down there skating sometimes in the winter. Anyone else? No further questions? (None) I'll offer a resolution closing the hearing and reserving decision. MEMBER GOEHRINGER: Seconded. On motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, that the hearing in the matter of Jay P. and M. Joanne Davis-Slotkin, Appeal No. 2932 be closed and decision reserved. Vote of the Board: Ayes: Messrs. Doyen, Douglass, Goehringer, Sawicki and Grigonis. Office: (516) 765-5333 Home: (516) 734-6397 ARTHUR J, -~HAP. P --~ REALTY ~ Route 25, $outhold, N.Y. 1 1971 rn REALTOR ~o ~ ~ls N~y Concern: I wish to st&ts that I have had Henry end Je`n LAthsm's prolMr~y for ~le s~ee ~ot 19T9. ~o~ the ho~e la ~e~ n~ee, ~t ~ not ~en ~o~ble to 8ell ~ ~ea~e of ~e l~t~n. It 18 a busy comer ~ ~e~ Is bus.cna lo- eat~ on ~ o~er ~ eo~e~ ~n the 8~. ~ ~ ~ strie~ aa ~8M~t~l p~y ia n~r ~aaible. A~so the St&to has taken ~ of the La,mm property ~ ~ it for a druia~Se site. #hen people ~ve this m~t~tl~, ~ ~ b~t ne~t~ ~t~s. of a~l ~e ~mwh~s, ~e ~ ~ve ~ fo~ to l~er tM oelli~ price of ~eir h~ ~ offer all of ~ ~ ~ i~nt for ~le. ~e ori&~l price was ~,~ ~ it ~ ~n l~e~ o~r ~e y~s to $~,~. Our area is in uee~ of l~ysicians ~ eertaialy am off lee of this ealibro is &s clone to residential e4 one en ge . ~e of the ueishbor~ sro opposd to this Me of so~e aha the sole hoA~lahip is lltpole~l on Mr. & Mrs. L~th~m in their ~esire to sell their hcme e~l to retire to Hew Jersey near theL~ son. Thank you for your consl~erotion of all these points. Very trul~ 7ours, Devora SharPs ~r~ker Arthur J. ~arP Realty P.S. I aa enelosiaf u eon of ~ original listing shoving verifying 4ate a~A price eha~ge. ' ,'HUR J. SHARP REAL, , T~rpe: Cape Lot Size: 1OO x 193 x t80 x 180 Rooms: LR- Formal DR-Den- Dine%te-Ei~ Age: orig. abt 30 yrs- a~ded ~nd renovated Taxes: 14OO.- Bedrooms: 2 up - 1 dn Baths: i up - 1 in Garmge: 2½ car detached Sec: 70 Dlock 5 Lot . ._ Appliances: Steve- DW-Ref Basement: full Attic: s~orag~ Heat: gas HW village w~ter ~orLable ~ ..... Bar, e~c act incl!id~'L 765' Held by: Rate Balance ]frs Te~: Listing Owner: Tel. Eenr~ i. Lal;ha~ 765-2929 Key Info. A~d_ress Main call to show Rd- touthold Llsted by: office Southold Address: Main ]~d. cor Ac.~erly Pond RdPrice: 220 MECHANIC STREET P.O. BOX 146, SOUTHOLD, N.Y. 11971 (516) 765-3042 MAIN ROAD & SKUNK LANE CUTCHOGUE, N.Y. 11935 (516) 734-5657 LICENSED BROKER WATERFRONT PROPERTIES - HOMES LOTS & ACREAGE ESTATE AND COMMERCIAL PROPERTIES APPRAISING December 18, 1981 Nr. Charles Grigonis, Chairman Southold Town Board of Appeals Southold Town Hall Southold, New York 11971 Dear Mr. Grigonis: Through an oversight, I missed being at the hearing of Mr. and Mrs. Henry Latham's appeal for a variance to the zoning ordinance at Main Road, Southold, N. Y. I had the Latham house for sale since April 18,~ and have shown it dozens of times, show is not the word for it because only three times could I get anyone to agree to drive in the yard. Because of its being on an extremely busy corner and also dangerous area, no home buyer wanted any thing to do with this home. It is my opinion that it should be rezoned to the intended purchasers wishes and at a later date to a"B" or "B-l" business. This would not change the character of the neighborhood, as there are businesses all around the area. Hoping you will decide in favor of this app~eal and let Mr. and Mrs. Latham get on with their retirement plans, I remain, Sincerely yours, William B. Smith Today' s Date: NIewbers Absent, if any: :saay, December 17, 1981 Appeal No. 2932 Agenda Item/~Xlatter of: JAY AND JOANNE DAVIS-SL'OTKIN Type of Variance or Appeal: Establish professional medical offices in A-Zone. 5~) Acke-r y Pon~,' Soutll01--d'-~-- Action: ( ( ( ( ( ~Charles bawl~K1 o.oyen 13ouglass ~oenrmge. r Joseph. url~on..~_ ~erqe ~Robert ~ Gerard Resolution madeby: ( ~ ' ( ) ( ) ( ) ( )/ S~co~dedby: ( ) ( ) ( ) ( ) (~ ( ) Approve with the followin9 conditions: ) Approve as applied for  as applied for ) Deny without prejudice _~Sub' ' ' ) %¢ithdrawn without ( iect to County Planning referral Prejudice ( ).Subject to Planninq Board approval ( ) ( ) Subiect to D.E.C. requlations ( ) Other: Findings of the Board are as follows: Other: Not %v'ithin the Character of the Neighborhood ( ) Granting the Relief Requested is wi%hin Variance is Substantial in Relation to Code spirit of the zonin9 code Not in ha]fm.o, ny .with purposes of the Code ( ) Relief is not substantial Hardship not sufticient ( ) Burden of hardship or difficulty shown Circumstances are. Not Unique : ( ) Circumstances are unique %~;ilI set a precedent in the neighborhood ( ) Variance will not change character of Area is already very congested the neighborhood Interests of justice served by denying ( ) Interests of 3ustice served by granting. ( ) Othel; for Special Exceptions Vote of the Board: Ayes: Nay: Abstain: Absent: Notes: ( ( ( () () () 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 Town Hall, Main Road, Southold, NY on Friday, March 19, 1982 com- mencing at 7:30 p.m. and as follows: 7:30 p.m. Application of Daniel N. and Carolyn K. Baird, 61 Wellsweep Drive, Madison, CT 06443 for a Variance to the Zoning Ordinance, Article VII, Section 100-71 for permission to construct deck addition to dwelling with an insufficient rear- yard setback at 11 Greenwood Road, Fishers Island, NY; bounded north by Righter; east by F.I. Ferry District; south by Gilman; west by Greenwood Road; County Tax Map Parcel No. 1000-12-1-13.1. 7:35 p.m. Application of Fishers Island Development Corp., Fishers Island, NY 06390 (by Richard F. Lark, Esq.) for a Variance to the Zoning Ordinance, Article IV, Section 100-41, Bulk Area and Parking Schedule for permission to divide existing house and lot with insufficient area and sideyards into two, single-family dwellings and parcels at the north side of Whistler Avenue, Fishers Island, NY; bounded north by Gallaher; east by Horning; south by Whistler Ave.; west by Scott; County Tax Map Parcel No. 1000-9-10-part of tl. 7:40 p.m. Application of Walter N. Pharr, Jr., 360 South Harbor Road, Southold, NY (by Richard F. Lark, Esq.) for a Variance to the Zoning Ordinance, Article VI, Section 100-60 for permission to use premises zoned B-Light for wholesale sales (in addition to retail sales, a permitted use). Location of Property: North side of C.R. 48, Southold, NY; bounded north by Morris and ors.; east by Charnews and ors.; south by C.R. 48; west by Mudd and ano.; County Tax Map Parcel No. 1000-59-9-part of 30.2; also referred to as Subdivision Lot 2 of N. Aliano Subdivision Filed Map No. 250. 7:55 p.m. Application of St. Peter's Lutheran Church, Main Road, Greenport, NY for a Special Exception to the Zoning Ordinance, Article III, Section 100-30C(6) (f) and Article VII, Section 100-70 for permission to erect an off-premises directional/ advertising sign upon property of F. Murphy, 8700 Main Road, Laurel, NY; County Tax Map Parcel No. 1000-122-07-006.2. 8:00 p.m. Application of Paul and Margaret Radich, 420 West Fourth Avenue, Roselle, NJ 07203 for permission to convert existing dwelling use to two-family dwelling use at 51170 Main Road, east by Southold Road; County Tax 8:10 p.m. Swim King Pools Southold, NY; bounded north by Jankowski; School District; south by Kahrs; west by Main Map Parcel No. 1000-70-2-6. Application of Thomas H. Witschi, M.D. by , Route 25A, Rocky Point, NY 11778 for permission Page 2 Legal Notice - Board of Appeals Regular Meeting for March 19, 1982 to construct inground swimmingpool in an area other than the rearyard at 7670 Right-of-Way off New Suffolk Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-116-04-031. 8:15 p.m. Recessed Hearing of Anastasios and Anna Parianos for permission to reconstruct and locate second dwelling as existed prior to destruction by fire. Peconic Bay Boulevard and Sigsbee Road, Laurel; County Tax Map Parcel No. 1000-126-5-13. 8:25 p.m. Application of Harvey Bagshaw Inc., in care of Philip J. Ofrias, Jr., Esq., 737 Roanoke Avenue, Riverhead, NY for a Variance to the Zoning Ordinance, Article VII, Section 100-71 for approval of the construction of additions at the east and west sides of the existing building with insufficient set- backs and insufficient total yard areas at 7255 Main Road, Laurel, NY; County Tax Map Parcel No. 1000-122-6-34. 8:40 Application of Jay P. and M. Jeanne-Davis Slotkin, ~ p.m. by Abigail A. Wickham, Esq., Main Road, Mattituck, NY for a rehearing of Appeal No. 2932 for permission to establish multiple professional medical offices on premises zoned "A" Residential and/ ~gricultural, varying the zoning ordinance, Article III, Section ~ 100-30. Location of Property:. 50 Ackerly Pond Road (a/k/a ~725 Main Road), Southold, NY, bounded north by Johnson; west ~ by Baker and Stoutenburgh; south by Ackerly Pond Road; east by Main Road; County Tax Map Parcel No. 1000-70-5-4. Dated: February 26, 1982. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN By Linde Kowalski, Secretary Instructions to newspapers to print Thursday, March 11, 1982 and forward 8 affidavits of publication (ST) and one by L.I. Traveler. Copies of this Notice forwarded on Monday, March 8 to: Mr. and Mrs. Daniel N. Baird at CT & FI addresses. Richard F. Lark, Esq. for FIDCO and Walter N. Pharr, Jr. Mrs. Pamela Schineller for St, Peter's Lutheran Church Mr. and Mrs. Paul Radich at NJ and Southold addresses. Mrs. Helen Cochran at Mt. Sinai address for M/M Radich. Thomas H. Witschi, M.D. Swim King Pools as agent for Dr. Witschi Mr. and Mrs. A. Parianos Gary Flanner Olsen, Esq. for M/M Parianos Philip J. Ofrias, Jr., Esq. for Harvey Bagshaw, Inc. ~Dr. and Mrs. Jay Slotkin Wickham, Esq. ~/~Abigail for D/M Slotkin Suffolk Times, Inc. L.I. Traveler-Watchman Town Clerk Bulletin Board posted 3/6/82. Supervisor Town Board members Planning Board Secretary Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N,Y. ]lcJ?l TELEPHONE 1516) 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: Variance from the Zoning Code, Article III, Section 100-.30 Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.: 2932 Location of Affected Land: County Tax Map Item No.: Within 500 XX ~725 Main Road 10 0- 70-5-4 feet of: Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Boundary of Existing or Proposed County, Owned Land Boundary of Existing or Proposed County, or Other Recreation Area Applicant: Jay P. Slotkin and ano. (50 Ackerly Pond Rd.), Southold Thruway State or Federally- State or Federal Park or 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, Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. COMMENTS: Applicant is requesting permission to change use in A-Zone for multiple professional medical o~fices. This &~ a zehearing of the orSqinal application. Copies of Town file and related documents enclosed herewith for your review. Dated: March 25, 1982 Secretary, Board of Appeals · Info ion on the Medical Practi of Jay P. SIotkin, M.D., M.P.H. Speciality: Associate: Office Location: Diplomate in Internal Medicine Ann F. Johnson, R.N., M.S.N. Family Nurse Practitioner 234 Fourth Avenue (Temporary) Greenport, NY 11944 Phone Number: (516) 477-2439 Mailing Address: P.O. Box 950 ~o~e, NY 11935 Medical Services: ~: By Appointment Only Monday 5:30 p.m. to 8:30 p.m. Wednesday 1:00 p.m. to 4:00 p.m. Thursday 10:00 a.m. to 12:00 noon Friday 10:00 a.m. to 12:00 ~-~0u are~na~le-to cO~e to the office because of illness, special arrangements can be made for a home visit Hospitalization: Dr. Slotk~n has attending privileges at Fastern Long Island Hospital in Greenport. _Nursing Home Visits: Arrangements can be made for Dr. Slotkin to take care of Senior Citizens living in Nursing Homes or Adult Home~ in the Southold Town ~rea. After Hour Coverage: In case of a medical emer- gency, you should go to or call the Mmergency R,om at Mastern Long Island Hospit~. The Mmergency Room Doctor will make immediate contact with Dr. Slotkin or the doctor covering for hims. If you call when the office is closed, the call will be answered electronically and returned as soon as possible. Fees: Fees for specific services are available on request. Payment will be expected following your visit, but alternative arrangements for payment can be arranged. 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 Board of Appeals at the Town Hall, Main Road, Southold, NY on Friday, March 19; 1982, commencing at 7:30 p.m. and as follows: 7:30 p.m. Application of Daniel N. and Carolyn K. Baird. 61 Wellsweep Drive, Madison, CT 06443 for a Variance to the Zoning Ordinance, Article VII,/ Section 100-71 for permission to construct deck addition to dwelling with an insufficient rear-yard setback at 11 Greenwood Road, Fishers Island, NY; bounded north by Righter; east by F.I. Ferry District; south by Gilman; west by Greenwood Road; County Tax Map Parcel No. 1000-12-1-13.1. 7:35 p.m. Application of Fishers Island Development Corp., Fishers Island, NY 06390 (by Richard F. Lark, Esq.) for a Variance to the Zoning Ordinance, Article IV, Section 100-41, Bulk Area and Parking Schedule for uermission to divide existing/, ( continued on next pa ge ) COUNTY OF SUFFOLK, STATE OF NEW YORK, ? ss: Troy Gustavson ...................................... being duly Sworn, he s~/s that ........ is Printer and Publisher of the SUFFOLK bounded norll~Laurel; County- Tax Map~ ors.; east by ParcelNo. 1000-126-5-13. '~ / varying the zoning ordinance, is a 30 printed ors.; southby~ s:25 n.m. Aoulication of Article III, Section 100- . Mudd and anI H~r~y~Bagsha~v'lnc., in care Map Parcel N of Philip J. Ofrias, Jr., Esq., of 30.2; also ret?~7 Roanoke Avenue,/ d!v!s!on _I.~..t 2 ~ i~i~erhead, NY for a Varianc~ divm~°nFdedlto the Zoning Ordinance, 7:55,p.m. Al Article VII, Section 100-71 for Pet. er s Luth approval of the construction of Main R~.d, Gr additions at the east and west · a S.pec~al .Ex sides of the existing building Zomng Ordina~ with insufficient setbacks and Location of Property: 50 ekly Times Ackerly Pond Road (a/k/a 49725 Main Road), Southold, .. weeks NY; bounded north by '' Johnson; west bY Baker and Stoutenburgh; south by .......... Ackerly Pond Road; east by ~ Main Road; County Tax Map ! Parcel No. 1000-70-5-4. · 1 · ~ Dated: February26,19~2. ' ......... Section 00-~ insufficient~A~ard areas at ~ BYORDEROF Article VII, S~ 7255 Ma~n"~ead, Laurel, NY; ~ THESOUTHOLDTOWN permission t¢ County Tax Map Parcel No. premises dire 1000-1~2-6-34. tising sign upon- 8:40 p.m. Application of Ja~y~ Murphy, 870(p. and M. Joanne-Davis ~is\ Laurel, NY; C Slotkin, by Abigail A. / Parcel No. 1000 Wickham, Esq., Main Ro.ad, / 0:00 p.m. ApI~ Mattituck, NY for a rehearing k, and Margarel~f Anneal No. 2932 for/ West Fourth AI ~erm~-s~ion to establish~ NJ 07203 ~o[~ multiple professional medical \ convert exmt~r~ffices on Premises zoned "A~,,~ BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN. By Linda Kowalski, ' ......... Secretar~ .......... 1TMll-3899 NOTICE NOTICE IS HEREBY GIV- EN, pursuant to Section 267 of the Town Law and the Provi- sions 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 Town Hall, Main Road, Southold, N.Y. on Friday, March 19, 1982 commencing at 7:30 p.m. and as follows: · ~,'m .,~-n~. A~r~lic.~rion of 8:10 p.m. Application of Thomas H~,,~41~t~ M.D. Swim King Pools, Route 25A,d ~ Rocky Point, N.Y. 11778 for/ permission to construct in. ground swimmingpool in an area other than the rearyard at 7670 Right-of-Way off New Suffolk Avenue, Mattituck, N.Y.; County Tax Map Parcel No. t000-116-04-031. 8:15 p.m. Recessed Hearing of Anastasios and Anna Pari- anos for permission to recon- struct and locate second dwell- ing as existed prior to destruc- tion by fire. Peconic Ray Boulevard and $igsbee Road, Laurel; County Tax Map Par- cel No. 1000-126-5-13. 8:25 p.m. Application of Harvey Bagshaw Inc., in care of Philip J. Ofrias, Jr., Esq., 737 Roanoke Avenue, head, N.Y. for a Variance to the Zoning Ordinance, Article VII, Section 100-71 for approv- al of the construction of additions at the east and west sides of the existing building with insufficient setbacks and insufficient total yard areas at 7255 Main Road, Laurel, N.Y.; County Tax Map Parcel No. 1000-1 Application of P. and M. Joanne-Davis Slot- kin, by Abigail A. Wickham, Esq., Main Road, Mattituck, N.Y. for a rehearing of Appeal No. 2932 for permission to establish multiple professional medical offices on premises zoned "A" Residential and Agricultural, varying the zon- ing ordinance, Article III, Section 100-30. Location of Property: 50 Ackerly Pond Road (a/k/a 49725 Main Road), Southold, N.Y.; hound- ed north bye; west by Baker and Stoutenburgh; southy by Ackerly Pond Road; east by Main Road; County Tax Map rParcel No. 1000-70- 5-4. 26, 1982. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN By Linda Kowalski, / IT-3/I1/ 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, k. as been published in said Long Island Traveler-Watch- man once each week for .................... .~. .................. weeks successively, commencing on the ........ .X..x. ........................ day/of [:;~!; ...~ ............... 1 9..~.'~ r · .;~:z~.~....L. :~ ........ .~....~. 2..;:... - Nora? Public Southold Town Board of Appeals Town Hall Southold, N.Y. 11971 Attn: Linda WICKHAM, WICKHAM & BRESSLER, P.C. POST OFFICE BOX 1424 - MAIN ROAD MATTITUCK, L I, NEW YORK 11952 (516) 298-8353 SUBJECT Appeal No. 2932 - Slotkin - Latham DATE 3/5/82 Enclosed is Notice to Adjacent Property Owners notifying them of the rehearing scheduled for March 19, 1982 and affidavit of service. AAW:ab EriC, SIGNED -Abig~ A. Wickham DATE SIGNED BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of JAY P. SLOTKIN & M. JO~i~E DAVIS--SLOTKIN to the Board of Appeals of the Town of 5outhold TO: Mr. & Mrs. Sven & Harle B. Johnson Mr. Peter Stoutenbur~h Mr. Louis F. Baker and others NOTICE T© AD JACF_ ~.~Y~ PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (:f;:;~ ~eva~:~_ _~c~j~c~a_ ~t-;~i¢):~l~/~l~cC0~:~c~,Lffz That the property which is the subiect of the Petition is located adiacent to your property and is des- cribed asfollows: N/W corner of Main Road and Ackerly Pond Lane, Southold, New York bounded N x Johnson, E x Main Road, S x Ackerly Pond Lane, W x Stoutenburgh and Baker 3. That the property which is the subject of such Petition is located in the following zoning district: District "A" - Agricultnra] & Residential 4. That by such Petition, the undersigned will request the following relief: T~s~ variance for professional offices 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are: Article III, Sect. 100-30 has been 6. That ~grifti~tCexl~i~g~ ~'*2c~...xl~n~cS~lsm~aS;a written Petition requesting the relief specified above x~il~ I~¢ filed in the Southold To~n Clerk's Office at Main Road, Southold, New York and you examine the same during r~gu!ar office hours. 7. That before the relief s. ought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such bearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in'zhe Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southo]d and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Petitioner (~ M. Jo~nne ?avis-SlotJcin Post Office Address P. O- Box 950 CutchoQue, N. Y. 11935 Note: The rehearing has been scheduled for March 19, 1982 at the Southold Town Hall. NAME PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Mr. & Mrs. Sven & Marie B. Johnson Mr. Peter Stoutenburgh Mr. Louis F. Baker Main Road, Southold, N.Y. 11971 c/o Environmental East, Indian Neck Lane Peconic, N.Y. 11958 Main Road, Southold, N.Y. 11971 RECEIPT FOR CERTIFIED MAlL NO INSURANCE COVER~OE :'ROVU'ED-- TOTAL POSTAGE AND POSTMARK OR DATE STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: RECEIPT FOI~ CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED-- NOT FOR INTERNATIONAL MAIL {See Reverse) SPECIAL DELIVERY RESTRICYED DELIVERY P19 RECEIPT FOR (IERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED-- NOT FOR INTERNATIONAL MAIL (See Reverse) SENTTO STREET AND NO ATE AHD ZIP CODE ALICE BURGON , residing at 14 Elton Street Rzverhead, N.Y. 11901 , being duly sworn, deposes and says that on the 5th day of March ., 19 82 , deponent mailed a true copy of the Notice set forth on the reI 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 Mattituck, New York ; that said Notices were mailed to each of said persons by (certified) (~a~i~l~r~l~ mail. Sworn to before me this 5th day of March ~% ,19 82 Notary Public WICKHAM, WICKHAM & BRESSLER, P.c. MAIN ROAD~ P.O. BOX 1~24 MATTITUCK LONG ISLAND NEW YORK 11952 February 19, 1982 Southold Town Board of Appeals Town Hall Southold, NY 11971 Re: Appeal No. 2932 - Slotkin - Latham Gentlemen: This is to confirm Gail's telephone conversation with your secretary wherein it was requested that the rehearing in connection with the above application be adjourned from the February 26, 1982 meeting until your next scheduled meeting to be held the third week of March, as Gail will be on vacation next week and unavailable to attend the meeting on the 26th. /ep Thank you for your cooperation in this matter. Very c rd' 11 y r.s,~ Southold Town Board of Appeals ~ain Road - State Road 25 Southold, NY 11971 From WICKHAM, WICKHAM & BRESSLER, P.C. POST OFFICE BOX 1424- MAIN ROAD MATTITUCK, L I, NEW YORK 11952 (516) 298-8353 SUBJECT S lotkin Dear Linda: Thank you for forwarding the transcript. DATE April 27, 1982 I am sending the check for $6.50 to you so that you have a record of receiving it. SIGNED A. Wickham DATE SIGNED Southold Town Board of Appeals MAIN ROAD- BTATE ROAD 25 8OUTHOLD, L.I., N.Y, 119'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWtCKt April 15, 1982 Abigail A. Wickham, Esq. Wickham, Wickham & Bressler, P.C. Main Road, Box 1424 Mattituck, NY 11952 / Re: Appeal No. 2932 Application of Jay P. Slotkin Dear Miss Wickham: Please be advised that the following action was taken at a Regular Meeting of the Southold Town Board of Appeals held last evening concerning the above appeal application: RESOLVED, that the application of Jay P. Slotkin, M.D., Appeal No. 2932, is hereby granted SUBJECT TO THE FOLLOWING CONDITIONS: (A) Any future expansion must be approved by the Board of Appeals by formal application prior to construction; (B) Not more than three medical professionals.; (c) shall be Code; There shall be a minimum of 12 parking spaces which in compliance with Section 100-112(C) of the Zoning (D) The parking areas shall be paved with four inches of crushed bluestone blend, rolled; (E) Screening with hedges or wooden stockade fence along the rear and side property lines abutting the residential par- cels not less than 3' and up to 6' high; the (F) Egress and ingress shall be off Ackerly Pond Road; (G) No removal of the existing black-pine shrubs along road front property areas. Page 2 April 15, 1982 Abigail A. Wickham, Esq. Re: Appeal No. 2932 - Jay P. Slotkin An official determination and findings will be filed with the office of the Town Clerk as soon as possible and simultane- ously forwarded to you for your records. If you have any questions~ please do not hesitate to call our office. Yours very truly, cc: ? Mr. and Mrs. Henry Latham Building Department GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski, Secretary WICKHAM, WICKHAM & BRESSLER, ~.c. April 22, 1982 Scuthold Tc~n Board of Appeals Main Road, State Road 25 Southold, NY 11971 Att: Miss Linda Kcwalski Dear Linda: At your cc~venience, I would appreciate a copy of the transcript from the hearing c~ the use variance for Dr. and Mrs. Slotkin. Please let me knog what the costs of the tr~script are, and I will forward you a check. Very truly yours,. ~ ~Abigail A. Wickham A~W: ljw Southold Town Boarl Appeals OMarch 19, 1982 PUBLIC HEARING: Appeal No. 2932. Application of Jay P. and M. Joanne-Davis Slotkin, by Abigail A. Wickham, Esq., Main Road, Mattituck, NY for a rehearing of Appeal No. 2932 for permission to establish multiple professional medical offices on premises zoned "A" Residential and Agricultural, varying the zoning ordinance, Article III, Section 100-30. Location of Property: 50 Ackerly Pond Road (a/k/a 49725 Main Road), Southold, NY; bounded north by Johnson; west by Baker and Stoutenburgh; south by Ackerly Pond Road; east by Main Road; County Tax Map Parcel No. 1000-70-5-4. The Chairman opened the rehearing at 9:11 p.m. and read the legal notice of hearing in its entirety and letter dated Janu- ary 14, 1982 from Wickham, Wickham and Bressler, P.C. concerning the reasons for requesting a rehearing. No one objected to waiving the reading of the entire original application, and therefore same was waived. MR. CHAIRMAN: Would you like to say something in behind of this application, Miss Wickham? ABIGAIL A. WICKHAM, ESQ.: I would like to make my oDening comments fairly brief. PErhaps in order to save time if we could incorporate what was said at the previous hearing and also the map that was submitted at that time, the diagram that I had sub- mitted, into this record. MR. CHAIRMAN: I have no objection. MRS. WICKHAM: Thank you. Briefly let me say that what we intend to prove tonight is first of all that there is a practical difficulty or hardship with the property being able to used for is under the present zoning ordinance. And in order to prove that we will try to show that there is a great difficulty in obtaining a reasonable return on this property, either in terms of its rental value or its sale value. Also that the situation does appear to be unique compared to the other residences in the immediate vicinity of this property, and that proposed change would not alter the character of the district. I would like to first ask Mrs. Latham, who is one of the owners of the property, if she could give the board some information on the application. Mrs. Latham, you are one of the owners of the property in question? MRS. LATHAM: Yes, I am. MRS. WICKHAM: Could you give your full name? MRS. LATHAM: Jean Latham. MRS. WICKHAM: When did you and your husband acquire the property? MRS. LATHAM: September 1965. Southold Town Boa~of Appeals March 19, 1982 (Appeal No. 2932 - Jay P. and M. Joanne-David Slotkin, continued:) MRS. WICKHAM: And, could you tell the board how much you have spent in the acquisition of the property? MRS. LATHAM: Over $45,000. MRS. WICKHAM: That was in the improvement of the property MRS. LATHAM: In the improvements. We paid $15,500 when we first got it -- living room, kitchen, dinette and bedroom and bath. We have done all the other work on the house, adding and beautifying the property because of town beautification, I feel. MRS. WICKHAM: So you've expended approximately $60,000 for the property. MRS. LATHAM: Yes. MRS. WICKHAM: Could you give us an idea of what the approximate cost of carrying the property on a monthly basis. Let's start with the mortgage. MRS. LATHAM: That's $133 something. MRS. WICKHAM: I see. And what is the balance on that mortgage? Is it a low mortgage? MRS. LATHAM: Yes, it's about $8,500. MRS. WICKHAM: And what is the interest rate? MRS. LATHAM: 7½%. MRS. WICKHAM: A small interest rate. What are the monthly insurance costs on a monthly basis? MRS LATHAM: Well, $25.00 for fire. MRS WICKHAM: How about taxes? MRS LATHAM: Taxes $125. Utilities $125. MRS. WICKHAM: And what about repairs and upkeep? MRS LATHAM: $75. MRS. WICKHAM: About $75 a month. Is the source of income that you and your husband have, could you describe-- MRS. LATHAM: Well my husband is on a retirement disability and he doesn't make really, he doesn't get that much. In order words what he gets goes towards our payments and things like that, which isn't much. MRS. WICKHAM: So would you say it's hard for you to keep up the house and that's one reason you're selling the house? Southold Town Board''of Appeals (Appeal No. 2932 - Jay P. and M. MRS. LATHAM: That's right. OMarch 19, 1982 Joanne-Davis Slotkin, continued:) MRS. WICKHAM: Could you tell me the size of the house, in terms of square footage? MRS. LATHAM: The first floor has 1470 square feet, second floor 550 square feet of living space. MRS. WICKHAM: the market? MRS. LATHAM: MRS. WICKHAM: MRS. LATHAM: MRS. WICKHAM: property since then? MRS. LATHAM: MRS. WICKHAM: MRS. LATHAM: MRS. WICKHAM: Could you tell us when the property was put on April 1978. With whom was it listed? At that time. William Smith Realty. And have you actively tried to sell the Yes, I have. How many brokers have you listed About 21 in the vicinity. She has a list of 21 brokers. spare the board the list, but would you say that brokers on the North Fork? MRS. LATHAM: MRS. WICKHAM: house during this MRS. LATHAM: MRS. WICKHAM: period? MRS. LATHAM: MRS. WICKHAM: it with? I think we can it's most of the Yes. How many people have actually come to see the three to four-year period? I would say about a dozen. And have you received any offers during that No. Just the present offer. What was the reason do you think that the people did not make offer? MRS. LATHAM: MRS. WICKHAM: MRS. LATHAM: MRS. WICKHAM: by -- Main Road and the businesses. Can you explain what you mean by the businesses? Well, Hart's Hardware. Ulrich's Marine. In other words, the fact that you were surrounded MRS. LATHAM: Ail this. Southold Town Boa~of Appeals March 19, 1982 (Appeal No. 2932 - Jay P. and M. Joanne-Davis Slotkin, continued:) MRS. WICKHAM: Could you describe specifically by listing on the businesses that are in your vicinity. Do you want to start with the property across Ackerly Pond Lane? MRS. LATHAM: Well, when we first moved there the property on Ackerly Pond and the Main Road across from me was a residential. MRS. WICKHAM: What is it now? MRS. LATHAM: Now there's a clock shop, what was a clock shop, and an antique shop. And that hasn't been there for maybe less than five years and then just p~t that driveway a few years ago going towards us every time...I tried to stay out in my yard in the summer and you've got strangers coming down looking in our yard. MRS. WICKHAM: Ok. Now as you go across the street could you describe -- MRS. LATHAM: And then there's Ulrich Marine, and then they filled in and put in more boats; and if it isn't that, you've got people out all hours of the night looking at the boats, and you hear cars and noises and an awful lot of lights. MRS. WICKHAM: So Ulrich Marine has expanded significantly since you have purchased? MRS. LATHAM: That's right. MRS. WICKHAM: Can you describe the fact with the gas station also? MRS. LATHAM: There's a gas station on the other corner, and we hear a lot of racket on that too at night time...my husband gets up or I get up in the middle of the night and we hear these awful noises and crashes. MRS. WICKHAM: Now continuing around, then you would get to Ulrich's and then from there-- MRS. LATHAM: Would be Hart's Hardware. MRS. WICKHAM: And what is, how has Hart's Hardware changed since you bought the property? MRS. LATHAM: Well, they've enlarged their building. Then they put another garage type building further down towards Jockey Creek Road. MRS. WICKHAM: And what else is -- MRS. LATHAM: And then there is the realty they put in there after we were there and they built the church. Southold Town Boar~f Appeals (Appeal No. 2932 - Jay P. and M. MRS. WICKHAM: At the time that you bought the property, was at the real estate office? MRS. LATHAM: That was a residential also. MRS. WICKHAM: And what about the church? MRS. LATHAM: That was a vacant land parcel. MRS. WICKHAM: Other than those specific properties that you described, immediately adjacent to you there is a residence? MRS. LATHAM: MRS. WICKHAM: MRS. LATHAM: MRS. WICKHAM: MRS. LATHAM: MRS. WICKHAM: that you have accepted from the Slotkins, have you gone into con- tract on that? Yes. Yes. And could you tell me the price on the MRS. LATHAM: MRS. WICKHAM: contract? MRS. LATHAM: MRS. WICKHAM: on that? MRS. LATHAM: MRS. WICKHAM: march 19, 1982 Joanne-Davis Slotkin, continued:) what Yes. And immediately behind you is a residence? That's right. And that's about it for the surrounding properties? That's right. The contract or the offer that you did receive Was that your original intention? MRS. LATHAM: No, no. But in order to make the sale, we had to do it. MRS. WICKHAM: Did the contract or does the contract also depend upon obtaining a use variance? MRS. LATHAM: That's right. our house isn't sold. If this town doesn't grant it, then MRS. WICKHAM: Now, do you feel that this property that you own is unique in this type of hardship that you described compared to the other residences around you? MRS. LATHAM: Yes. Yes, we had to take back a mortgage. $72,500. And were you required to take back financing Southold Town Boa~ ~ Appeals March 19, 1982 (Appeal No. 2932 - Jay P. and M. Joanne-Davis Slotkin, continued:) MRS. WICKHAM: And why would that be? MRS. LATHAM: Well, it's not going to change anything. You're going to have all the trees around. I think it's going to be wel- comed. We need doctors. MRS. WICKHAM: You don't feel that it would hurt -- MRS. LATHAM: No, I don't think it's going to hurt. They're not going to change the look of the home as far as, it's going to be a residential area. MRS. WICKHAM: Do you have anything else that you would like to add? MRS. LATHAM: It's just a hardship for my husband and I to keep up the land, and he's not well enough to take care of it. He would be here tonight but he can't. And I'm not that well myself any more. And I just feel to the board that you approve of it. We need doctors today. MRS. WICKHAM: Thank you. The next person I would like to call is Mr. William Smith, to answer a few questions. Do you want to use the microphone? WILLIAM B. SMITH: I don't think I need to. MRS. WICKHAM: Ok. Mr. Smith, could you give the board your name and address and office? MR. SMITH: William B. Smith, Broker. 220 Mechanic Street. I live in Southold, estateMRS. business?WICKHAM" How long, Mr. Smith, have you been in the real MR. SMITH: I'm been a broker since 1958 and a salesman ten years before that. MRS. WICKHAM: And where have you been practicing? MR. SMITH: Southold and Cutchogue. MRS. WICKHAM: Would you say -- what types of property do you handle in your real estate business? MR. SMITH: Everything. MRS. WICKHAM: Residential and Commercial? MR. SMITH: Residential, commercial, vacant property, farms. MRS. WICKHAM: About how many sales do you feel you've handled during the time you've been in business? " Southold Town Boar~f Appeals ~arch 19, 1982 (Appeal No. 2932 Jay P. and M. Joanne-Davis Slotkin, continued:) MR. SMITH: hundred. Considering our own property, probably several MRS.WICKHAM: And are you familiar with the appraisals and appraisal techniques? MR. SMITH: I do it very often. MRS. WICKHAM: Do you also review the sales transactions on property that you have not handled? MR. SMITH: I certainly do. MRS. WICKHAM: To ascertain the price. So would you feel you're thoroughly familiar with property values in the Southold area? MR. SMITH: I believe so. MRS. WICKHAM: Mr. Smith, when this you list this property for sale? MR. SMITH: Actualy it was April 18, 1978. MRS. WICKHAM: Did you inspect the property personally and are you thoroughly familiar with it? MR. SMITH: I've inspected it thoroughly. MRS. WICKHAM: Could you describe for us the property itself in terms of the building and -- MR. SMITH: Well, the property, with a two-car garage and a double driveway, which I think is a big asset to the property because it is a double driveway and where you can access to the property by driving in off the Main Road and go out onto Ackerly Pond, which would be probably less dangerous than any other Main Road property. MRS. WICKHAM: Could you describe the zoning on the surround- ing areas starting to the south? MR. SMITH: Willow Hill Property and all that? MRS. WICKHAM: Yeah. MR. SMITH: Well that was a residence until a and now an antique shop as you all probably know. I believe moved out. few years ago The clock shop MRS. WICKHAM: Is that zoned B-Business? MR. SMITH: Yes. And that is for rent again, one part of it, and then of course you have a gas station and beyond that Henry Smith's Plumbing business, fuel oil. V Southold Town Boa~of Appeals March 19, 1982 (Appeal No. 2932 - Jay P. and M. Joanne-Davis Slotkin, continued:) MRS. WICKHAM: Are those properties in a business zone as well? MR. SMITH: Oh, yes. And Ulrich is C and I believe Hart's is Light-Industrial. And as you all know, that has been greatly expanded, Ulrich's with the huge building in the back for storage of boats and dockage. And I believe listening to the other conversation, there is a lot of activity over there because he docks constantly during the summer in the neighborhood of 50 boats. The people pay for their slips. So that I thought a very, very active area. MRS. WICKHAM: Can you describe the increase to the Hart's Hard- ware piece of property over the period since 19557 MR. SMITH: Well, we built on Hart's Hardware Store...in 1948 we started with a new office and hardware store and we've expanded that building somewhat and Lesley Harvey expanded it more, and with the garden building out north. And then there was a building built east of that, which eventually was turned into a house and Mr. Hart's house now is there in back of the garden building. MRS. WICKHAM: Would you say that most of that expansion has occurred since 19657 MR. SMITH: Yes, they did. MRS. WICKHAM: And continuing along the Main Road-- MR. SMITH: Excuse me, I might add that we sold out in the winter of 1963, 1964 to Mr. Hart so it had to be all done after that. MRS. WICKHAM: And then continuing along the Main Road, can you describe the other nonresidential uses? MR. SMITH: Well, you have a house to the north and all resi- dential houses beyond that to the north...and set back from the road the same as the Latham house. Going up Ackerly Pond Road, I believe you have the Stoutenburgh house, and that's all for the adjacent properties. MRS. WICKH~4: How many times, Mr. Smith, have you shown this property to prospective purchasers during the four years you had it listed? MR. SMITH: Sadly, I only showed the house twice inside. I had many and many a client that I would make a list of places to show. As I would come down the hill, so-called Willow Hill, I would say, "Now there's the house that I was telling you about right over there on the left." Invariably the people say, "Don't bother to stop," They don't want to live on this busy area. MRS. WICKHAM: Could you estimate about how many people that might have been over the course of four years? MR. SMITH: At least 13 aS far as I'm concerned. I don't know how many people who have worked for'me in my office that might have · Southold Town Boar f Appeals arch 19, 1982 (Appeal No. 2932 - Jay P. and M. Joanne-Davis Slotkin, continued:) MR. SMITH continued: had that same experience. MRS. WICKHAM: So there were other people in addition to yourself, just in your office? MR. SMITH: Yes. MRS. WICKHAM: Did you ever have any offers made by your clients? MR. SMITH: I never got an offer. MRS. WICKHAM: What were the results of the -- I'm sorry... could you give us a valuation in your opinion as a real estate broker as to the value of the parcel as it is as a residence in that location? MR. SMITH: Well, I've thought of comparables in the Village of Southold, Main Road, of which there are hardly any; but Douglas Conklin sold his house last 1981, early 1981 I believe, and ~hat went well below $60,000 as I have some recollection of. MRS. WICKHAM: Does that house the extent of business sur- roundings that this house has? MR. SMITH: No, it did not. There was no business around this. MRS. WICKHAM: Would you describe any others? MR. SMITH: I have a house for sale on the corner of Oaklawn and Main Road, and it has a very high price on it and every other broker also has that house to my knowledge. I got an offer of $63,000 which was refused...I don't think it should have been, but it was. And to my knowledge no other brokers had gotten that much of an offer. I have not heard of any anyway...A comparable house to the Latham house...it has a very nice yard. There is no business around it. But I would say it's a busy corner. MRS. WICKH~.~: Well, based on,the two values you mentioned, what would you place the value of the Latham property if a buyer could be found as it is? MR. SMITH: I think as is, I think, if they could see an offer of around $60,000 they should be very happy on it. MRSi WICKHAM: Also based on those comparables, could you give us an idea of what the value of their house would be if it were on the Main Road but no surrounded by all that business? MR. SMITH: Certainly not on a busy corner and not surrounded by a business, because it's a very lovely house...the interior is excellent...that house should go for $75,000 or even more. MRS. WICKHAM: Is that on the Main Road or on another, in Southold Town of Appeals March 19, 1982 (Appeal No. 2932 - Jay P. and M. Joanne-Davis Slotkin, continued:) MRS. WICKHAM continued: another neighborhood? MR. SMITH: That would be another area. On the Main Road you could probably say $70,000-$72,000; somewhere in there. MRS. WICKHAM: So you feel that the discount and the value of the house because of the business location is somewhere in the neighborhood of about $10,000. MR. SMITH: Right. MRS. WICKHAM: If this application were granted, and a residence could be used for professional offices, what do you feel the value based on your experience would be? MR. SMITH: Thinking of what the income rental would be with possibly three offices, if that house was renovated properly, it would be well in $80,000, I would say. MRS. WICKHAM: Could you also give us an idea of what ~the value might be on the house for any of the other uses other than residence that are permitted in an A-District; and I think we should perhaps start one at a time. One of the first uses that are permitted is the farm use. Would there be any value as a farm use in the business...in the property? MR. SMITH: Couldn't consider it. MRS. WICKHAM: What would be the value as a home office, or is it appropriate for that? MR. SMITH: I wouldn't think it would make much difference in the figures I've given you. MRS. WICKHAM: Do you feel that the property is suitable for a home office in light of its size? And the objections to it as a residence? MR. SMITH: I don't think it would increase the value just to have an office in it to any extent at all. MRS. WICKHAM: What about the other uses in a residential area? Libary, school, church and any other uses? MR. SMITH: My own house is in a business district and I have an office in my house, and I am well aware that my house is not worth any more just because I happen to have an office in there. MRS. WICKHAM: Getting back to the other question about the other uses, such as libaries, schools and the uses listed in an A District...is there any value for this property under those use Southold Town of Appeals March 19, 1982 (Appeal No. 2932 - Jay P. and M. Joanne-Davis Slotkin, continued:) MRS. WICKHAM continued: classifications? MR. SMITH: I would say no. MRS. WICKHAM: Because why would that be? MR. SMITH: I can't think of any use for any of the other things that would want to be in that particular area? MRS. WICKHAM: You mentioned the question of rental value? As a residence, what do you feel a rental value in the Town of Southold would be for this type of residence, on a monthly basis? MR. SMITH: I believe it would be about $400. MRS. WICKHAM: And would that be based on the knowledge of comparable rentals in the area? MR. SMITH: You might get more than $400. I doubt it. Very much. MRS. WICKHAM: On the other hand, if you were to rent it as an office, the type that's being contemplated here, what would your return be on a monthly basis? MR. SMITH: Well, as a professional office, possibly three tenants, you would probably be at maybe a little more. so forth... $750, $900, MRS. WICKHAM: Do you feel that the property is unique in its hardship that we've discussed compared to the other residences in the immediate vicinity? MR. SMITH: Very definitely. MRS. WICKHAM: Can you explain why? MR. SMITH: Well, I think we've explained it because of all the traffic problems and business surroundings. Being across the street for 15 years myself and having lived within a half a mile of that corner for 50 years, I certainly know that it's detri- mental to anything as a residence. MRS. WICKHAM: Do you feel that the proposed change to professional offices would alter the character of the neighborhood? MR. SMITH: I can't see how. Other than uplift it. MRS. WICKHAM: Mr. Smith, I don't have any more questions... perhaps the board would like to ask a few questions. MR. CHAIPRV~IN: Gentlemen? (No questions) Southold Town of Appeals March 19, 1982 (Appeal No. 2932 - Jay P. and M. Joanne-Davis Slotkin, continued:) MRS. WICKHAM: Thank you very much. As a supplement to his testimony on the valuation and the hardship question, I would like to ask Mrs. Sharp to also address the board briefly. Mrs. Sharp, could you give the board your name and business address? DOLORES SHARP: Dolores Sharp, Main Road, Southold. Corner of Jockey Creek Road and Ackerly Pond Lane. MRS. WICKHAM: And what business are you associated? MRS. SHARP: Real estate. MRS. WICKHAM: How long have you been in the real estate business? MRS. SHARP: About five years. MRS. WICKHAM: And how long have you been a broker? MRS. SHARP: Two and a half. MRS. WICKHAM: When did you list the property of Mr. and Mrs. Latham for sale? MRS. SHARP: August 1978. MRS. WICKHAM: Could you tell the board approximately how often you have shown the property to prospective purchasers during that period? MRS. SHARP: Myself perhaps two or three times, but for the rest of my office I'm not really sure. MRS. WICKHAM: Do you suppose they have shown it approximately ten times, a dozen times over the-- MRS. SHARP: Maximum. MRS. WICKHAM: What was the reaction of the people to whom you showed the property? MRS. SHARP: Well most of them felt it was too busy a corner, they objected to the fact that the State had cut away part of the property and that it's used for drainage. They always asked me questions about it. And although the house was nice, nobody liked the location. MRS. WICKHAM: Because of-- MRS. SHARP: Because of the traffic. Ackerly Pond is a thru street to Route 48 and there is a lot of traffic. MRS. WICKHAM: Does the business location have anything to Southold Town of Appeals March 19, 1982 (Appeal No. 2932 - Jay P. and M. Joanne-Davis Slotkin, continued:) MRS. WICKHAM continued: do with their -- MRS. SHARP: Well, definitely. MRS. WICKHAM: people? Is that one of the major concerns of the MRS. SHARP: Yes. The Main Road, it's business. MRS. WICKHAM: Could you give us an idea of what you-- you heard the testimony of Mr. Smith, as to the valuation of the properties. What would you feel is the value of the reidence as it is, if a buyer could be found? MRS. SHARP: I agree pretty much with what Mr. Smith had to say. I would say it's about $60,000. MRS. WICKHAM: And if the residence were on the Main Road but not surrounded by that busy business setting, what do you feel the residence would be worth, if you took away that business character? MRS. SHARP: About $68,000. MRS. WICKHAM: If on the other hand, the property were able to be used for the purposes we're requesting in this application for a professional office, what do you feel the property would be worth? MRS. SHARP: $72,500. Maybe a little more. MRS. WICKHAM: And are you generally familiar with real estate values in Southold Town? MRS. SHARP: Yes, I am. MRS. WICKHAM: What do you feel the rental value of a resi- dence such as that on a monthly basis might be? MRS. SHARP: Between $400 and $450. MRS. WICKHAM: And if it were on the other hand usable as an office for medical-- MRS. SHARP: Depending upon how many doctors were in there to around $600 I figure is comparable around. MRS. WICKHAM: Do you believe as a real estate professional the property as it is is unique as compared to the other residences in the immediate vicinity by virtue of its hardship. MRS. SHARP: Yes, because it is on the corner and because it Southold Town Bo~d of Appeals March 19, 1982 (Appeal No. 2932 - Jay P. and M. Joanne-Davis Slotkin, continued:) MRS. SHARP continued: does have this drainage situation. It is exposed to the other businesses more than anybody else. People are constantly turning the corner and there is more traffic there, you know. MRS. WICKHAM: Do you feel that the property would be suitable for the other uses that were mentioned in an A-Residential Zone, let's start with, for instance, a home office. MRS. SHARP: Yeah, for a home office I think it might be suitable. MRS. WICKHAM: Is it big enough for that? MRS. SHARP: Do you mean for a home and a -- MRS. WICKHAM: And a-- MRS. SHARP: No. I don't think, I mean if you're taking part of the house, then, no. It's not big enough for both ~he home and an office. MRS. WICKHAM: What about the other uses in a residential district, such as a church or a library? MRS. SHARP: I don't think it's big enough. MRS. WICKHAM: Do you feel that the change being proposed would change the character of the residential district? MRS. SHARP: Not at all. It's a quite profession and I don't think they would disturb anybody. MRS. WICKHAM: Does the board have any questions of Mrs. Sharp? MR. CHAIRMAN: Gentlemen? (No questions.) Thank you. MRS. WICKHAM: Finally, I would like to ask the applicant, Dr. Slotkin, to make a brief statement to the board to give the board an idea to what types of uses, or what type of use he does plan to make of the property if the application was granted? DR. SLOTKIN: Just briefly. My goal is to implement a medical practice which I feel can improve the health of the citizens of Southold Town. But to obtain this goal requires (1) more trained personnel who can provide that kind of quality health care and also an office which is in a good location, is accessible and has ade- quate space. The goal of the kind of practice that I want to develop can only be obtained if these two conditions are met. I would just very briefly discuss these two components of my practice. As for the personnel...I'm a board-certified internist with a special interest in geriatrics. I'm right now in sole practice Southold Town of Appeals March 19, 1982 (Appeal No. 2932 - Jay P. and M. Joanne-Davis Slotkin, continued:) DR. SLOTKIN continued: with a nurse practition. About 66% of our patients in our practice ~are over age 65. Over the last four months we've been providing health care in four settings. One is a small office we rented from Dr. Micah Kaplan. Two, for the Eastern Long Island Hospital. Three, at the San Simeon Nursing Home. And four, in various patients' homes in the area. But the practice is growing, and to continue to provide quality care to which more patients can come, we require an office which is centrally located, is access- ible and has adequate space. This building we feel with the variance can meet these requirements. This is because the build- ing is centrally located in an area which I feel requires an additional physician. The building is accessible. It's near the bus line. It has adequate space for off-street parking, and it has access to Ackerly Pond Lane, as was mentioned earlier, which would become the main exit and entrance to the office. Finally this building, without any major renovation can provide space for additional providers only if they are needed by the community. Initially, the building would house both the office and a very small living area. But if the practice grows and additional personnel are needed, then the living quarters could be incorporated into the office with the variance. This would provide additional space for which one or two other health pro- fessionals could use the office for a limited number of hours each week. There are no immediate plans for any expansion of the build- ing, although of course an addition could not be ruled out in the distant future if those kinds of services are needed by a community. In summary, with the variance this building has potential to house health professionals who can improve the health for the citizens of Southold. MRS. WICKHAM: I have one or two questions. Do you have any interest in buying this property if it could be used only as a home office? DR. SLOTKIN: NO. MRS. WICKHAM: And could you give us the reason? DR. SLOTKIN: Well, I want to, as I say, try to provide quality health care for the area, and that means I feel in the future additional providers, and I wan~ to have a facility where I will be able to have that potential space in the future...and if that's required by the area. MRS. WICKHAM: Do you feel that the building as it is is sufficiently large to house a family as well as an office? DR. SLOTKIN: No. My wife and I have no children at this time but hopefully in the future we will, and certainly want a house that would contain the space for a full family. Southold Town B~d of Appeals March 19, 1982 (Appeal No. 2932 - Jay P. and M. Joanne-Davis Slotkin, continued:) MRS. WICKHAM: Upon...if the application were granted, would you be intending to put in adequate parking facilities for the house? DR. SLOTKIN: Yes. MRS. WICKHAM: And would you be intending to construct those facilities so as to contain any drainage within the site? DR. SLOTKIN: Yes. MRS. WICKHAM: I don't have any further questions. MR. CHAIRMAN: Doctor, could you stand there for one second while I ask Mrs. Latham what the square footage of the house was downstairs, Mrs. Latham? MRS. LATHAM: 1,470 I think. MR. CHAIRMAN: The purpose of my question...I just have a question on this one. If you have more to go, Miss Wickham% I'll ask the question later but while the Doctor is up here-- MRS. WICKHAM: Go ahead. MR. CHAIRMAN: Doctor, under the present A-Residential Zone, the Southold Town Zoning Code allows up to 20% lot saturation. On quick figures, at a .59 I took a .60, which is basically the square footage of this particular piece of property, give or take one percent. We're talking basically a saturdation of 4800 square feet. Presently you have 1470 plus the garage, so we're assuming you have around 2,000. Would you presently be, or would you in the future, be anti- cipating doubling the size of that structure? I know it's a very difficult question, but you have to understand if you're anticipating two or three or four more offices under the present--- DR. SLOTKIN: Well, I think the key point, which, in the dis- cussion, I think a number of health providers could share the facility during the week; and what I mean by that is part of the services I'm providing are in the community in the Nursing Home. So I thought, I'm not in the office all the time...so in fact the same facility could be shared.., so, therefore, under the regula- tions that you're talking about, which I'm not familiar with, I'm not sure that 4,800 would be needed. In terms of doubling, I really couldn't see the need for actually doubling the facility, although I can't rule that out. MRS. WICKHAM: I think what he indicated, that at the present time just starting a practice and he has no plans to expand the building, I understand that the first floor is comprised of a number of very small rooms, and could probably accommodate quite a bit of people. He wouldn't want to rule out the possibility of expanding in the future, but they are not planning it at this time. Southold Town Bo~d of Appeals March 19, 1982 (Appeal No. 2932 Jay P. and M. Joanne-Davis Slotkin, continued:) MR. CHAIRMAN: Thank you. Thank you, Doctor. MRS. WICKHAM: If I could just take a minute to sum up what's been said here before we go on. What I believe we have shown at the hearing is, first of all, that the land in question is unable to yield a reasonable return to the owners if used only for the purposes allowed in that zone. First of all, other than a residence, the property really has no value because it's not appropriate for those types of uses. Even a home office is not adequate for the full use of a home and an home office at the same time. And as a home with a home office, it would have the same objection to a residential use that the residence itself has. Secondly, based on Mrs. Latham's indication of her carrying costs on the house, including the taxes which she mentioned $125 per month...that comes out to $1,500 a year. And the fact that even her carrying costs are a lot smaller than most because she has a small lower-rate mortgage. In liqht of that as opposed to the rental value that might be expected'as a residence is very difficult, particularly with their income to sustain this type of use. And more importantly, the fact that they have put probably $60,000 into the property and can't even get a buyer for that. The broker has testified that the value may be $60,000 if a buyer could be found, but in the four years of actively trying to sell this house for 21 brokers, no one has even made an offer except this one which is contingent upon the use variance. On the other hand, if the property, I think it's unique because we show that if this house, which is in a fairly good condition were on the Main Road but not surrounded by this extensive business usage, it would probably bring a figure of close to $68,000 or $70,000. If it were in another non-Main Road residential neighborhood, it would be considerably higher than that. And if it were used for a professional office, it would generate a reasonable return because your rental value would be considerably higher as well as your value on the building overall. Again, on the plight of the owner...is a unique problem because this house is exposed on three sides by businesses which does not have merely the same intensity at the time the people purchased the property as it does now. So the hardship is not a self-imposed one, and the exposure is tremendous from three sides, whereas the other residences, one really doesn't have any direct exposure...the one in the back. And the one on the side would only have it on the front, because it would have residential surrounding it on the other three sides...And further away from most of those business uses. Southold Town of Appeals March 19, 1982 (Appeal No. 2932 - Jay P. and M. Joanne-Davis Slotkin, continued:) MRS. WICKHAM continued: The character of the neighborhood, I think I've indicated, would not be changed and it would maintain a low profile in terms of the screening of the property and also the use of the profes- sional office which would have daytime hours, primarily, perhaps a small number of early evening hours, limited traffic, because it would be by appointment. The access is good for traffic because they'll come in the side road. And basically it would act as a buffer between the obnoxious business uses and industrial uses on the one side or on the three sides, and the residences on the other side. I think the basic point is that this property...the people have tried to sell the property and nobody is interested in it as a residence. The only people that are interested in it would want it for a professional office, and we don't feel that it would be detrimental in any respect to the neighborhood. In terms of the other items that have to be addressed on a use variance...the title, as the purchasers' attorney, I believe the title is satisfactory. I have received the title report that it does not create any problems as far as that goes. Perhaps the board has some questions that they would like to ask or hear from other people. MR. CHAIRM3LN: Well, why don't we continue with the hearing and find out what goes on after that. Is there anybody else that would like to speak in behalf of the application that hasn't spoken already? Sir, would you kindly stand up to the mike and state your name? ED HALLERHAHN: I met the Doctor by accident at a dinner one night out at the Mill Creek, and what attracted me to him was the fact that he made a comment and I was forced to interrupt him when I heard it. He said that he was going to make house calls...and this was something that I haven't heard of in years. So I inter- rupted him and I said, "I'd like to come back to that conversation later if you'll agree." And he did, and I found out that he did definitely say he would make house calls. I have since become a patient of his, sparsely, but the time hasn't been too long. And you also have here an information sheet that he has printed...and not to make it a point of hearsay as far as house calls, he has already it tonight to you, but it's also printed here if you would like to see this, and I think a person that would kind of fight the odds with the other doctors in the area...he may be and he may not be...but I think he should be given credit and I think maybe some consideration in the sense of the fact that I think he is in the right direction. He is talking about taking care of elderly people...well, they can use it and the direction is correct. Everybody will gain by it. That's all I have to say. MR. CHAIRMAN: May I just have your name, Sir? Southold Town Bc of Appeals March 19, 1982 (Appeal No. 2932 - Jay P. and M. Joanne-Davis Slotkin, continued:) MR. HALLERHAHN: Ed Hallerhahn. Did you want to see this? MR. CHAIRMAN: Well, maybe you wanted to retain it? MR. HALLERHAHN: I don't think I'll need it. MR. CHAIRMAN: Thank you very much. MR. HALLERHAHN: It's outlined. (Mr. Hallerhahn gave the Chairman a copy of an information sheet from the medical practice of Jay P. Slotkin, M.D., M.P.H. for the record.) MR. CHAIRMAN: speak in behalf of the application? Is there anybody else that would like to the application? Anybody like to speak against Peter? PETER STOUTENBURGH: Members of the Board, Mrs. Latham. I was at the last hearing on this, and my position is pretty much the same--it hasn't really changed. I just wanted to come and make it public again. I have a couple of concerns, a lot of interesting things going on over there. I'm curious to see that the property has been offered at $60,000, and somebody decided to buy it at $72,000. But that's something that interested me in the previous conversations different individuals have spoken about the property. I mentioned a water problem in that area and other concerns which really probably aren't something that you people have to deal with. The thing that bothers me most about a variance for a use change like this is that to me it should be a zoning change. We're in the wrong place for some reason. If we want to change the zoning of a piece of land, to me that's the same as changing the use. I have trouble coming up with a use change that either iso- lates the property around it...I think we've gone through a lot of trouble in this town, and hopefully there have been a few problems that we've tried to restrict and work a little bit harder, the Planning Boards and other people to set up very limited uses in certain areas on account of what we feel it is aesthetically and to keep the values we seem to have here. I'm not opposed to having an office like the Doctor would like to have there, if it can be done in such a way that it does not create new drainage problems and new traffic problems and other things. If as you brought up the amount of yard space can be tolerated in the business if it's going to expand like I'm sure it would...if filled-on land can be used properly to build on and to put parking lots and stuff like that. It is an intersection and to me it does have activities around that should allow it to relate to it, but the problem, probably not the right word, but a proper process I think is important and if that means changing the zoning or waiting for it to change, that surely should be done. Southold Town of Appeals March 19, 1982 (Appeal No. 2932 - Jay P. and M. Joanne~Davis Slotkin, continued:) MR. STOUTENBURGH continued: I'm sure the property would have more value at that point. It's surely going to have more value if it gets the status which they have requested. I think more than has even been touched on by some of the experts here today. Is there any record or is there any record the board could me an idea as to whether or not there has ever been a use change for professional offices in town before, with the exception of the real estate business that I know has? MR. CHAIRMAN: Well, we're at a loss today because Mr. Doyen is not with us, and Mr. Doyen and Mr. Grigonis, who is sitting to my left, are the original members of this board. MEMBER GRIGONIS: Ren Terry's. MR. CHAIRMAN: Mr. Grigonis says that Mr. Terry, Rensselaer Terry's office was. MEMBER GRIGONIS. Right over on the corner of Horton's and Main. MRS. WICKHAM: The property immediately across the street was granted a use variance with a reason similar to this, that the surrounding properties were-- MR. STOUTENBURGH: The real estate office? MRS. WICKHAM: Yes. MR. STOUTENBURGH: Yes. I was wondering if there were any along the lines of this one...if it is something the board is continuing to do, or whether it's something previous board's handled...I don't know that much because I haven't been to that many of these meetings prior to the last couple of years. And I've never heard of one, with the exception of the real estate office. MR. CHAIRMAN: Mr. Smith has a comment. WILLIAM B. SMITH: I would like to know what detriment it would be to the Village of Southold or the area of the Latham house, whether there is a use change or a change of zone? I can see no difference. Now if you wanted to take three months to go for a change of zone, that's going to make it better? Or is it just red tape that you just want to see? I just feel there are certain things...I'm not sure...and I own a piece of property next to it and own that property for investive purposes or such things...but I wondered if a commercial-type of a zoning is put in on the corner if that doesn't better affect the property with a chance that that zoning might later move in that direction as opposed to a use change of which -- it's an odd type of an animal Southold Town of Appeals March 19, 1982 (Appeal No. 2932 - Jay P. and M. Joanne-Davis Slotkin, continued:) MR. STOUTENBURGH continued: to me that it has certain restrictions. It doesn't ...you don't come in to ask for another use change next to you, they ask for a zoning change because a zoning change as it happened next year... maybe you're wrong, maybe they do that. But they're such an odd animal to me, use changes seem like a way of getting in somewhat from the back door in a situation. Like I said, I'm not particularly opposed to this change if it's done in the way that the Town has set up to do. MR. CHAIRMAN: Go ahead, Miss Wickham. MRS. WICKHAM: Are you finished with your statement but I would like to address that point? Certainly that was also the concern of the Suffolk County Planning Commission as to whether this application will be usurping the function the Town Board in their zoning, rezoning capacity. I think the point of this application is that there is a hardship and that it's a unique circumstance that would justify a use variance, and that a use variance is appropriate because it is a much less obtrusive type of change to the neighborhood in general. And where you do have residences on one side and business on a~0ther, a change of zone undoubtedly would create a domino effect, whereas a use variance for professional office I think would help stabilize the neighborhood a little bit and act as a buffer, and be much less intrusive and not be usurping the functions of the Town Board for those reasons. One of the areas where a use variance was recently denied up in Cutchogue I think is appropriate to mention here because they did not have any where near the intensity of the business use. You had what might be called self-imposed hardship because the applicant as I understand the property just a few months in the conditions, or purchased it at a time when it was the same situation it is now. You have only one gas station on that corner. You don't even have a cross street...you only have a T-intersection. And it's a much more residential type of neighborhood, and I think the circumstances and the financial hardship particularly are much more dramatic here. There were no offers at $60,000...there were no offers at any other price for four years. And other than this application which depends on the change-- (Recording tape was changed. MR. CHAIRMAN: Excuse me, we were changing the tape here. Ok. Go ahead. MRS. LATHAM: I'd like to ask him some stuff. What is it his business what we sell the property for? MR. CHAIRMAN: Well, could I just answer that-- I'll permit that but I just think that when we get into more statements-I'll go back to the prior application... I think things start to become Southold Town B~d of Appeals March 19, 1982 (Appeal No. 2932 - Jay P. and M. Joanne-Davis Slotkin, continued:) MR. CHAIRMAN continued: counterproductive. Go ahead, Peter. anybody from answering the question, duction. It,s not that I'm restricting I just don't want counterpro- MR. STOUTENBURGH: It isn't any of my business that it was (statement inaudible, was not facing front). But I just had to comment about it that it seems as though that should be the asking price. It was just something that came across my mind as I sat here and listened to it. It had to be a comment of mine when I got up to have the chance to speak about something that concerns it. MR. CHAIRMAN: Thank you. Are there any other comments from anyone? Yes, Mrs. Johnson? MARIE BAUER JOHNSON: Marie Bauer Johnson. I live immediately to the north of the property in question. I'd like to say that I agree with Peter. I guess it's part of his objection that I did really think we were talking about a zoning change rather than a variance...and I think that as long as we have these varioqs cate- gories and departments in which things are supposed to fit, I think they should be fit there and taken care of in the proper scheme of things. However, my problem is two-fold, and it all has to do with the changes that have taken place in the property as it is right now. Originally, I think, as Charlie (Grigonis) probably knows, I'm sure he doesn't remember because I don't either, but there used to be a bridge on the Main Road at that point over Jockey Creek which went all the way up to the Diller Farm. Over the years that has been successively filled. I remember my father talking about ice-skating up the Creek to the Diller Farm. I remember when we first came back here to live permanently in 1969, there was still a considerable little trickle of water going through the Latham Property. That successively became filled in, and other arrangements were made for drainage. Well, they had two very unfortunate results as far as we were concerned here, and a'few other people in the area. The first season, Spring, that we had high water had a lot of smell and so forth. We had water in our basement, three feet of it, for the first time. Our house was built in the early 1900's. For the first time we had water in our basement. MRS. WICKHAM: May I ask a question--how is this relevant to the application? MRS. JOHNSON: Would you let me finish--I'll get to it. The main house, which of course was the original homestead for that whole area, the basement in that house was used to store potatoes... and it'had water in the basement. We were all three, Latham ( ) were obliged to have the fire department pump out the basement. There is constantly, winter after winter, a great deal of water in the Latham's basement. Now, clearly there is a drainage problem in that area in the whole Lower Willow Hill area...the Lower Road, Ackerly Pond Road is constantly wet, puddled in the Spring. I can see when Mr. Slotkin said he plans to put proper parking facilities Southold Town of Appeals March 19, 1982 (Appeal No. 2932 - Jay P. and M. Joanne-Davis Slotkin, continued:) MRS. JOHNSON continued: and then said in his next statement that his clientale is 66% geriatric patients. There is no way he can put any other parking area in there but blacktop, thereby reducing the little bit of drainage that is still left in that property. I think by using it as it's planned to be used by Mr. Slotkin is going to add to the drainage problems that are already insurmountable in that particular area...not to mention the mosquito problem which has gotten worse since that little trickle which has been filled in. Now I'd like just for the record to make a suggestion here that I made to Mr. Dean a long time ago when I first knew the Lathams were going to be interested in selling their property. It is my opinion that the Town should buy this property...put the house up for sale contingent to moving it someplace else... and then restore the drainage that was naturally there to begin with. I think it take care a great deal of the problem on the Lower Road and Ackerly Pond Road, and certainly it would take care of the drainage in our cellar. Thank you. MR. CHAIRMAN: Thank you. Mrs. Latham, would you like your attorney to speak first or would you like to speak first? MRS. WICKHAM: First of all I would like to say that I'm not sure...while Mrs. Johnson may have a drainage problem, I'm not sure that that's relevant to this application. Certainly, the fact that there is a drainage easement through this property has been mentioned as a difficulty in selling that in addition to the other problems. I might note that that drainage easement was given by deed to the Town in 1972, and that the deed recites that there was no consideration received...so it is something that the Lathams in addition have granted to the Town. As far as the parking, certainly asphalt is not the only way that you can make a parking area viable. You can put stone in or some other type of thing that would produce some drainage. And Dr. Slotkin's patients that are coming to the office are not exclusively that old. A lot of his geriatric patients are already in the Nursing Home, hospital or some place else. So I'm not sure that that comment is at all relevant. MR. CHAIRMAN: Thank you. say anything? Mrs. Latham, would you like to MRS. LATHAM: Yes. It's not Ackerly Pond Lane or the drainage that we have in our land that's helping the people and those people around there. It's the Lower Road that's a problem. And when the Lower Road gets flooded, and it breaks through, it has no where else to go...it goes right down and then back where the drainage is so it helps the Town so it doesn't flood. We had all ( ) behind the Johnsons, behind Mrs. Mae and behind Joe Faczewski, and plenty of times that water comes from Southold Town B~d of Appeals March 19, 1982 (Appeal No. 2932 Jay P. and M. Joanne-Davis Slotkin, continued:) MRS. LATHAM continued: that lot into their land. MR. CHAIRMAN: Thak you. please? Sir? Could you state your name AL MORREALE: My name is A1 Morreale and I live at 375 Ackerly Pond Lane, which is the house located at the intersection of Lower Road and Ackerly Pond. This is my first time before the board and I've learned for the first time that the Latham house was up for sale. I think we have to consider that this whole area of Lower Road and Ackerly Pond Lane is to be seen as a region...in other words we're all more or less linked by one element which is water, surplus water. We have much, much water. And from what Mrs. Johnson said, the ecology of the land has been disturbed by the construction of the highways, elimination of a bridge and from what I understand the Lathams have also filled in some of their property so that when, such as this winter we have a heavy snowfall followed by heavy rain and a quick thaw, we end up with two or three feet of water on Lower Road. It seems that the only evacuation point of this water naturally was for the Latham property and now is still trying to evacuate through there but cannot because of the obstacles that have been placed in there. I personally have nothing against their property being purchased by the Doctor. As a matter of fact I think it's a good idea because it will not take away from the residential character so far as the zoning or the usage legal aspects are concerned. I think Mr. Stoutenburgh and other people know that part of it. I'll let them handle that. I wouldn't like to see my house become a neighbor to a business either ... the kind of busi- ness that would not fit into a residential area. But I would like to have some assurances from the Doctor should he purchase this land and this property that he will keep in mind the fact that he has a drainage problem and that he is going to suffer even more than I do because the water that never comes into my house will go into his. And perhaps all of you have seen the Suffolk Life newspaper this week on the front page. There was an article written on this problem on Lower Road and in which Ray Dean was quoted as saying there is a problem on Lower Road...he recognizes it...he says that putting in dry wells would not help because there's too much water... that perhaps digging a holding tank somewhere, purchasing some land, the Town would do this and putting in a holding tank might solve it. So what I can say is we have two problems here...on the one hand we have a flooding problem which really has nothing to do with the sale of the house except to sell the house could worsen it if a hard parking lot were put in. On the other hand we have a group of people here who would like to see the Town do something to solve this flooding problem, which probably has affected Mrs. Latham's attempt in selling her house. It may have, because I know the people who sold me their house had problems with the flooding...so I just want to make if the Doctor purchases that house, that the flooding will not get worse and perhaps he will even take steps to improve the drainage. Thank you. Southold Town of Appeals March 19, 1982 (Appeal No. 2932 - Jay P. and M. Joanne-Davis Slotkin, continued:) MR. CHAIRMAN: Thank you. Mr. Smith? WILLIAM B. SMITH: I hate to belabor the problem here, but I think we ought to straighten out the drainage a little bit. When we built the Hardware Store in 1948, there was a direct drain under the road and nowhere else. There was nothing more than a gutter through the Latham property. The New York State Highway Department several years after one of the floods built a big sloughsway to the west of the drain, about 30 or 40 feet into the Latham property. And that wasn't adequate for some reason. They had problems with it. Later on they whipped it out, and now go back a little bit, when I was a child I used to crawl underneath that road, a huge creek culvert, and they ripped that out and they put a drain through the Latham property as big as the drain under the road and it can only hold so much water, and at certain times and I'm sure Mr. Stoutenburgh knows that that's what's there, in fact it goes almost to the end of the Latham property as far as I know. And I'm not positive any more, some- times debris gets in front of that drain and causes it, but the Lower Road was not really the problem. It came down in the winter time when there was frost in the ground...it came aL1 the way down from Doroski's, the railroad, the whole Diller Farm, my father's farm, and everybody. Millions of gallons of water came down there and just couldn't get out and the drain is, has not been minimized. It's not a gutter. It's been filled in and the pipe was put in in the middle of the summer. MR. CHAIRMAN: Just a minute -- Doctor, you had a question before? DR. SLOTKIN: Well, I just wanted to respond to a question that was raised to me. MR. CHAIRMAN: Is it still relevant, or do you want to wait? DR. SLOTKIN: Well, I just want to comment I think in terms of a water problem, when we first contemplated purchasing the property, we had it surveyed and it was brought to our immediate attention about other possible problems with the water. And I think it's self-evident that we'll have invested interest in trying to minimize that problem and I want to assure you that I will plan to, you know, develop whatever parking facilities are needed and just to minimize those in terms of not filling more than we need, number one, and number two to try to build a park- ing facility and the rest of construction to minimize this water problem in the area. Number three, is I very much ~an~ to work with the surrounding neighbors and so forth...the part of the attraction to the house was it's physically a nice house, a nice area, and hopefully work together with the people in the area to work out this problem. MR. CHAIR/W_AN: Mr. Stoutenburgh? MR. STOUTENBURGH: A similar.comment to what Mr. Smith has said... Southold Town Bo~d of Appeals March 19, 1982 (Appeal No. 2932 - Jay P. and M. Joanne-Davis Slotkin, continued:) MR. STOUTENBURGH continued: two years ago I crawled under the road. One of the problems when they filled, and I don't know exactly who filled the Latham proper- ty...I was under the impression that the Town had filled it when they put the drain through the property...they have greatly reduced the size of the place underneath the State Road...the state pipe under there is about five, possibly six foot high or in diameter... and the stuff that had been used across the Latham property was reduced to at best three foot in diameter, and probably about 2%'. I'm not sure what compensation was given the Lathams to put those drain pipes across their property. MR. CHAIRMAN: Is there anybody else that would like to say anything concerning this hearing? (None) Do any of the board members have questions? (None) Miss Wickham? MRS. WICKHAM: I have nothing further to add. MR. CHAI~4AN: Ok. Hearing no further comments, we'll close the hearing at this particular point and reserve decision until a later date. I will say this, at the time we closed the prior hearing you indicated to us that there was an extreme need to have a decision in a very short period of time. We are at a loss tonight not having Mr. Doyen with us, and I am going to direct the secretary to reproduce the minutes of this particular hearing and give them to Mr. Doyen on his return trip. And so I don't seriously see any decision forthcoming until the next meeting. MRS. WICKH~4: When is the next meeting? MR. CHAIRMAN: Either the 7th of April or the 14th of April. MRS. WICKHAM: The situation of the Lathams is still the same. MEMBER GRIGONIS: Second. On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to close the hearin~ and reserve decision in the matter of Appeal No. 2932, Jay P. and M. Joanne-Davis Slotkin until a later date. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen was absent.) Southold Town Board of Appeals MAIN ROAD- STATE I~nAD 25 SnUTHOLD. L.I.. N.Y. 119'71 TELEPHONE (516) 765-1809 Pursuant to Article XIII of the Board of Appeals of the Town of Southold, New York, hereby the following to the Suffolk County Planning Commission: ~ Variance from the Zoning Code, Article II~, Section Variance from Determination of Southold Town Building Inspector __ Special Exception, Article , Section Special Permit Suffolk County Charter, the refers 100-30 Appeal No.: 2932. Applicant: Jay P. Location of Affected Land: (~or~r Of ~% lOOO- I0-S-4. County Tax Map Item No.: Within 500 feet of: __ Town or Village Boundary Line __ Body of Water (Bay, Sound or Estuary) __ State or County Road, Parkway, Highway, __Boundary of Existing or Proposed County, Owned Land __ Boundary of Existing or Proposed County, or Other Recreation Area Thruway State or Federally- State or Federal Park __ 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, Bouthold or Within One Mile of a Nuclear Power Plant __ Within One Mile of An Airport. COMMENTS: Applicant ~permlsslon to oo~:~]}1t8h profession&l r~ ~ ~p8 ~,% ~d ~ouza ~o~er ~s~on o~ preset Copies of Town file and related documents enclosed herewith for your review. Dated: D~O. 22, 1981. Secretary, Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN RrtAD- STATE ROAD 25 SnUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 1982 Ab:l.g&:l.l A. WI. eh, Seq. Road, BOZ 1424 ~ttituck, ~Y 11952 Re: Appeal No. 2932 - Jay P. SlolOctn Dear Sir or Madam: Attached herewith is a copy of the formal findings and determination recently rendered and filed this date with the Office of the Town Clerk concerning your application. In the event your application has been approved, please De sure to return to the Building Department for approval of any new construction, or for a certificate of occupancy of the premises, as may be applicable. If you have any questions, please do not hesitate to call either our office or that of the building inspector at 765-1802. Yours very truly, C GERARD P. GOEHRINGER CHAIRMAN Enclosure By Copy of Decision to Buildinq Department _ oc: Mr. aheM rs. Henry Latham Linda Kowalski, Secretary MEMORANDUM FOR THE FILE DECEMBER 30, 1982 Member Douglass and Mr. Lessard inspected the driveway-parking area required in Appeal No. 2932, Decision for Dr. and Mrs. Slotkin, pursuant to an oral complaint by a neighbor, Mrs. Marie Johnson. It was reported that the driveway was of a stone blend as required by Condition (d) and there appeared to be no affect on the drainage. Six photographs were taken and placed in the Z.B.A. file. Member Douglass and Mr. Lessard did not feel there were any violations at this time. 12/30/82 lk. Novembe~ 18, 1981 (Today's Date) To: Re: Southold Town Board of Appeais Main Road Southold, NY 11971 Appeal Application of Jay P. Slotkin & M. Jeanne Davis-Slotkin Location of Property: NW/C Main Road & Ackerl¥ Pond Lane,Southold, N.Y. 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 in the within appeal application: (please check one box) [ ] [ May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in very good condition and at least 100 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 in need of (minor) (major) repairs, and approximately feet in length. May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. [ ] May be located within 300 feet of tidal wetlands; eu Within 3uu Iee~ o~ ~laal wetlands to the best of my knowledge.* [Starred items (*) indicate your property does not appear to fall within the jurisdiction of the N.Y.S.D.E.C.] S~ncerely yours, ~(ff~na~ure please) TOWN OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. '~ ~L.~c~ TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Name of Appella,n$ Street and Numl:~r Cutchogue, New York ......................................................................................................................... HERESY 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) ( ( JAY P. & M. JOANNE DAVIS-SL~fKTN Nome of Applicant for permit of ~ .:...o...... ~.o..=... ~.5..0. ............................. .c.~.Lch .aa .q .e. ,. ...................... ~.e.~.. ~.o.~.k....z..z. ~.5. ..... Street and Number Municipality State PERMIT TO USE Property in "A" District for professional offices. PERMIT FOR OCCUPANCY ) LOCATION OF THE PROPERTY .;~'/;i.i~M. m2oacL..,~Q~;ho~,~..:[~.j[..~..e.!:..~..~.~.t ................. Street Use District on Zoning Map Mop No. Lot No. SCTM~1000-70-5-4 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) __Article III Sect. 100-30 3. TYPE OF APPEAL Appeal is made herewith for ( X ) 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 not) been made with respect to this decision of the Building Inspector or with respect to this property. Such ~ppeol was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Doted ...................................................................... REASON FOR APPEAL ) A Variance to Section 280A Subsection 3 ×) A Variance to the Zoning Ordinance ) ~s requested for the reason that applicant is a doctor and wishes to purchase the property for use as a doctor's office. Although the initial use would be a home office, Dr. Slotkin plans to shortly establish a professional medical office for himself and other medical professionals. Form (Continue on other side) J~ .9. JP'J" REASON FOR APPEAL I Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP Because the property is surrounded on two sides by business use and the property cannot be used, under its present zoning, in conformity with those Other uses in the immediately surrounding area. AS a corner lot, with frontage on the Main Road, and in the immediate vicinity of Ulrich Marine, Hart's Hardware, Sharp Realty, Cherry,s Service Station, Smith Fuel Oil and Davis Clock Shop, the use of the property as a residence causes hardship and practical difficulty. The value of t~_~erty as a purely residential use has diminished due-to its loca- tion ami___~.~nlng districts. The owners of the property have had difficulty sell- ing the property at a reasonable value as a residence. The property has been on the market for three years without being sold, in spite of the fact that the house is in prime condition and t~e grounds are nicely landscaped. The location has imposed a hardship on selling this residence. The hardship is not self-imposed because at the time the owners purchased the~pr~erty in 1969, there was not the intensity of commercial use in that area that now exists. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because this is the only corner property at this location which is residential, and as a corner property, there is mare ex- posure to the co~ercial Surroundings. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the proposed use as a professional office would create a smooth transition from the commercial neighborhood en the South and the East to the residential neighborhood on the North and West, creating an effective "buffer" between the two uses. The danger of any downzoning is, of course, it's tendency to affect the remainder of the residential neighborhood, but the use of the residenceas medical offices has a strong compatibility with residential use that would diminish that tendency. The exterior of the building will not change in design, and the use will not be visibly apparent or offensive in any way to the heuses on the North and the West. The only change to the yard would be parking, which is well screened by existing pine trees and fencing. The use is limited to daytime and possibly early evening, and is by periodic appointments, so there would be no traffic problem or disturbance at odd hours. Also, unlike many businesses which might anticipate a turnover, thereby increasing the tendency for further downzoning, a docter's office would pr®bably be a stable use for many years. The proposed use variance would be much less drastic than a change of zone to B-light. Overall, the proposed use variance would not enly~alleviate the hardship, but also be a benefit to the area. STATE OF NEW YORK ) ~ ..,~...~ ) ss .................................. COUNTY OF _f~3~_) Jay P. Slotkin Sworn to this ........ [..q.'..~. .............................. day of ........................ :...,~..~ ......... : ...... , '' M~. Joanne Davis-Slotkin November, 1981 ...... ............. / Notary Public BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of JAY P. SLOTKIN & M. JOANNE DAVIS-SLOTKIN to the Board of Appeai~ of ~the Town of Southold TO: Mr. & Mrs. Sven & Marie B. Johnson Mr. Peter Stoutenburgh Mr. Louis F. Baker and others NOTICE TO ADJACENT PROPERTY OWNER YO~'~'A~I~' HEREBY GIVEN NOTICE: ~'~' 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) ,f~ ¥1~t~c~ro%~ ,~m~ ~vat:E~E~il~f~e:~aRa~ 2. That the property which is the subject of the Petition is located adiacent to your property and is des- cribed asfollows: N/W corner of Main Road and Ackerly Pond Lane~ Southold, New York bounded N x Johnson, E x Main Road, $ x Ackerlv Pond Lane. W x Stoutenburgh and Baker 3. That the property which is the subject of such Petition is located in the following zoning district: District "A" -Agricultural & R~dent~a] 4. That by such Petition, the undersigned will request the following relief: T~sP variance for professional offices 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are: Article III, Sect. 100-30 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. 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 inthe Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated fo~ the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: November 19, 1981 ~ ~l]o~k~n Petitioner- ~/-M' Joa~ne Davis-$1o'~kin Post Office Address P. O. Box 950 Cutchogue~ N. Y. 11935 NAM~ PROOF OF MAILING OF NOTICE ADDRESS Mr. & Mrs. Sven & Marie B. Johnson Main Road SOuthold~ New York 11971 Mr. Peter Stoute~burgh c/o Environmental Eas~ Indian Neck Lane Peconic, New York 11958 Mr. Louis F. Baker P28 --e1 437 7 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED-- NOT FOR INTERNATIONAL MAIL (See Reverse) SENTTO Mr. Louis Baker STREET AND NO, Main Road P.O, STATE AND ZIP CODE Southold, N. Y. 11971 POSTAGE I S .2 0 CERTIFIED FEE .7 5 ¢ ~ SPECIAL DEUVERY .? ¢ ~ RESTRICTED DELIVERY ¢ e~ ~ ~ SHOWTOWHOMAND ~. ~ ~ OATE DELIVERED ~. ~ ~ SHOWTOWHOM DAT~ ~ .~' ~EuvEaY ~ --~ ~' D~LiVERyOELIVERED WITR RESTRIOTED ¢ COUNTY OF SUFFOLK ) Main Road Southold, New York 11971 P28/dL04376 P28 6_804375 RECEIPT FOR:CERTIFIED MAIL RECEIPT FOR CERTIFIED MAIL NO NSURANCE COVERAGE PROVTOEO-- NO'T FOR NTERNATTONALMAIL Atice>Burgon ~, , residing at Riverhead, :New York 3. , being duly sworn, deposes and says that on the 20th day of November ,19 81 , deponent mailed a true copy of the Notice set forth on the re- vere side hereof, directed to each of the above-named persons at the addresses set opposite thor respective name; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assmsment roll of the Town of Southold; that said Notices were mailed at the United States Post rice at Mattituck, New York ; that said Notices were mailed to each of said persons by (ce~ified) ~) mail. Sworn to before me this 20th Notary Public 81 Alice' Burqon ~/ ~.LL£N ~. PRESTON Notary Publlo, State e~ New York NO. 4~88534- &uffolk N Creelr 12/30/82 9:30 a.m. ~ ~ Ackerly Pond Lane 12/30/82 9:30 a.m. 1.8 A(c) 200 28 6.0A (c) joek Appeal No~ 2932 Photo taken 12/30/82 9:30 9 CLEARVIEW y Pond Lane, /30/82 9:30 a.m. Southold ,- Block No. Appeal No. 2932 Slotkin s,~ .......B~o~ Photo taken 12/30/82 9:30 a.m.