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HomeMy WebLinkAbout2373 TO~N OF SO.HOLD, NE~V YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2372 Dated November 17, ACTION OF THE ZONING BOARD OF APPEALS OF THE TOV~N OF SOUTHOLD To John Xikis (Rudolph Bruer, Esq. ) 32-55 Steinway Street Astoria, NY DATE..~9~[~y 2, 1978 1977 Appellant at a meeting of the Zoning Board of Appeals on February 2, 1978 was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property (X) Request for a special exception %ruder the Zoning Ordinance ( ) Request for a variance to the Zoning Ordinance ( ) the appeal 1. SPECIAL EXCEPTION. By resolution of the Board ~ was determined th~ a special exception ( ) be ~a~ed ( ) ~ deined pursuant to Article .................... Section .................... Subsection .................... para~aph .................... of the ~ning Ordinance and the dec.ion ~ ~e Building Inspector ( ) be reversed ( ) be co~irmedbecause 7:30 P.M. (E.S.T.) Postponed decision upon application of John Xikis, 32-55 Steinway Street, Astoria, New York for a special exception in accordance with the Zoning Ordinance, Article VI, Section 100-60 B l(b) for permission to construct motel and restaurant. Location of property: south side CR27, Greenport, New York, bounded on the north by CR27; east by J. Poliwoda; south by L. Hodor; west by Cornell, Caiola, and Papantoniou. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict appllcatlon of the Ordinance (would) (would not) produce practical hardship because SEE REVERSE difficulties or unnecessary (b) The hardship created (is) (is not) uinque 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 (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 and therefore, it was further determined that the requested variance ( ) be granted ( that the previous decisions of the Building Inspector ( SEE REVERSE FORM ZB4 ) be confirmed ( ZONING BOARD OF ) be denied and be reversed. APPI O /ED After investigation and inspection, the Board finds that the applicant requests permission to construct motel and restaurant, south side CR27, Greenport, New York. The Board finds that appli- cant owns a plot of land on the south side of CR27, approximately 2.58 acres with 300' of frontage and 275' of depth, zoned B-Light Business in a primarily residential area on a high speed County road. A new residential subdivision immediately adjoins the sub- ject property to the west. There are no business uses within a 1,000' or more radius. The original Zoning Commission zoned the property for business use in 1957 at the insistence of the then owner, Teves, who conducted a real estate business in his house. [The original Zoning Ordinance in 1957 required real estates offices to be in a business zone; however, many real estate office uses were made non-conforming at that time rather than establishment of a business zone.] The Zoning Commission's position at that time was directed toward the elimination of strip business development on CR27. Operation of a motel in this location would affect the carrying capacity of the County road, would lead to deterioration of property values in the area on both sides of the road as a result of the possibility of more unusual traffic, and would, in our opinion, not be an appropriate use. Public water is available, public sewage is not. The Board also finds that the applicant ow-ns a substantial beach area of approximately 190' on Long Island Sound consisting of a half-~re or more zoned Residential and located directly across CR27 from the proposed motel use. There would be great hazard to motel guests who might use the beach, adversely affecting traffic and safety during the seasonal use of a motel. Two of the three motels within a few thousand feet of the proposed motel existed prior to zoning; however, any new motel would establish an undesir- able precedent leading to further strip development. In our opinion the proposed use will tend to hinder the orderly and reasonable residential development of nearby property, particu- larly the adjacent subdivision,.and would certainly affect the resi- dential character of the area as well as having an unfavorable effect on traffic and safety. The Board finds that the public convenienee and welfare and justice will not be served and the legally established or per- mitted use of neighborhood property and adjoining use districts will be permanently or substantially injured and the spirit of the Ordinance will not be observed. THEREFORE IT WAS RESOLVED, John Xikis, 32-55 Steinway Street, Astoria, New York, be DENIED permission to construct motel, south side CR27, Greenport, New York. Vote of the Board: Ayes: - Messrs: Gillispie, Grigonis, Doyen, Maimone. O Legal Notice -3- Hearings: December 22, 1977 8:35 P.M. (E.S.T.) upon application of Edward and Kathryn Robedee, 1935 Pine Tree Road, Cutchogue, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide property with insufficient width and area. Location of property: east side Pine Tree Road, Cutchogue, New York; Lot 2lA and part of Lot 22, Map of Nassau Farms, Cutchogue, New York. ~ 8:45 P.M. (E.S.T.) upon application of John Xikis, 32-55 Steinway Street, Astoria, New York (Rudolph Bruer, Esq.) for a special exception in accordance with the Zoning Ordinance, Article VI, Section 100-60 B l(b) for permission to construct motel and restaurant. Location of property: south side CR27 Greenport, New York, bounded on the north by CR27; east by J. Poliwoda; south by L. Hodor; west by Cornell, Caiola, and Papantoniou. 9:00 P.M. (E.S.T.) upon application of George C. a~ Minnie Baker, 83 Fenway, Rockville Centre, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to construct dwelling with insufficient side yards. Location of property: west side Sylvan Drive, East Marion, New York; Lot 10A, Gardiners Bay Estates, Section II. 9:15 P.M. (E.S.T.) upon application of Alexander and Ann Robinson, Jr., 25 Dairy Road, Greenwich, Connecticut c/o W. Gordon Ahman, Fishers Island, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide property with insufficient width. Location of property: Montauk Avenue, Fishers Island, New York, bounded on the north by H. Doroshevlch, J. Peishoff, H. Parsons, and West Harbor; east by Sterling Street; south by R. Elwell; west by Montauk Avenue. ~ .3 ~t~GAL NOTICE ~ce d Hearings Pursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone Ordinance of [lief Town of S~outhold~ blew ~,drk, public hearings~ ,be ~,by the Zoning Bth/~I of A~.~at the Town Hall, Main P~uthold, New York,. on 'Thursday, December 22, 197~1,~'.Cn the following appeals: i ~ 7:30' P.M. (E~S.T.) ReceSsed heariag:: upon' ~alaplicatiork of Rober$ ~ ~Gray' a-c ~,st. or Elizal/~th ~.~ay~,' Fishers Island, NeWly!York. - ' 7:45 PJ~(E.S.T.)~, upon ap- pli~ti, on ~/~ter and! Marilyn C~b4~, Mattimck, New York~f~ variance in ac- cordanee With the Zoning Or- dinande, Article III, Section 30 and Bulk Schedule for per- i~rOhnhoef3r' ~-// J'O~'epli A, Esquirol, Jr., 1350 Lupron Point Road, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory building in front yard area. Location of property: Lupron Point Road, Mattituck, New York, bounded on the north by Right-of-way, M. Keisey; east~BYMason; south by Deep H6£e Creek; west by B. Mason. 8:30 P.M. (E.S.T.) upon ap- plication of Jo Ann Talbot, Nassau Point Road, Cutehogue, New York for a variance in ac- cordance with the Zoning Or- dinance, Article III, Section 100- 32 for permission to construct accessory building in front yard area. Location of property: east side Nassau Point Road, Cut- chogue, New York; Lot 12, Map of Nassau Point Properties, Cutchogue, New York. 8:35 P.M. (E.S.T.) upon ap- plication of Edward and Kathryn Robedee, 1935 Pine Tree Road, Cutchogue, New York for a variance in accordance with the Zoning Ordinance, Article I[I, Section 100-30 and Bulk Schedule for permission to divide property with insufficient width and area. mission to divide pi-~part~,..v~,,l~,,,, ,Location of nr0PertY:. 99,st. s~de insufficient width ~ifid ~ ~:~i. Pine Tree rtoaa, CutchOgue, New York; Lot 21A and part of Lot 22, Map of Nassau Farms, Cut- chogue, New York. ~~ ..~ 8:45 P.M. (E.S.T.) upon ap- )lication of John Xikis, 32-55 ;teinway Street, Astoria, New York (Rudolp..~Ma~. r, Esq.) for a special exception in accordance with the Zoning Ordinance, Article VI, Section 100-60 B l(b) for permission to construct motel and restaurant. Location of property: south side CR27, Greenport, New York, bounded on the north by CP,27; east by J. Poliweda; south by L. Hodor; west by Cornelt, Caiola, and Papantoniou. ~- 9:00 P.M. (E.S.T.) upon ap- plication of George C. and Minnie Baker, 83 Fenway, Rockville Centre, New York for a variance in accordance with the Zoning Ordinance, Article III, Section COUNTY OF SUFFOLg, 1 STATE OF NEW YORK. ~'TU,'~T C. DOR~t.~q being says that ........ ~ff' is Printer and Publisher of WEEKLY TIMES, a newspaper published ~-t Gree county: and that the notiCe, of which the annex~ copy, has been published in the s~id Sullolk once in each week, ~or ..................... successively commencing on the .FIF.~W.]', ] · day of. · :~_C~ ..... ...,,~ . ~ . 19..?? 100-30 and Bulk Schedule for above specified. permission to construct dwelling Dated: December 12, 1977 with insufficient side yards. BYORDERI Location of property: west side THESOUTHO! Sylvan Drive, East Marion, Now TOWN BOARD ( York; Lot 10A, Gardiners Bay 1TD15-2866 APPEA~ Estates, Section II. / 9:.15 P.M. (E.S.T.) upon ap- plication of Alexander and Ann ltob/nson, Jr., 25 Dairy P,~ad, NOTA?Y Greenwich, Connecticut c-o W. - ~ ' Gordon Ahman, Fishers Island, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide property with insufficient width. Location of property: Montauk Avenue, Fishers Island, New York, bounded on the north by H. Doroshevich, J. Peishoff, H. Parsons, and West Harbor; east by Sterhng Street; south by R. Elwell; west by Montauk Avenue. Any person desiring to be heard on the above appeals should LEGAL NOTICE Notice of Hearings .... .Pursuant t& ance'~vith the Zoning Ordin- ance, A~ticie III, Section 100- 30 and Bulk Schodule for - ) permission to~ivide Property ~h ,iasuffifent width and _ e~$t side Pine Tree Road, ' Cu~ch°gue, New York; Lot 2iA l? and uart of Lot 22, Map of · Nassau Farms, Cutchogue, ,q }q a~ a~ Y u! ~q pm pm s!tt aH qs! aH oaq application of 3ohn Xikis, 32- SS Steinway Street, Astoria, ~ew York, (Rudolph Bruer. Esq.) for a special excepti~a in accordance with tho Zoning Ordinance, 'Article VI, Section 100-60 B l(b) for permission to construct motel and restaur- ant. Location of property: ,south side CR27, Greenport, ~New York, bounded on the north by CR27; east by J. Poliwoda; south by L. Hodor;l west by Cornell, Calo~,~, and~ Papantoniou. 9:00 P.M. {E.S.T.) upon application of Oedrge C. and Minnie Baker, 83 Fenway, ROCkville· Centre,~New York, for a variance in accordance with the Zoning Ordinance, Article HI, Section 100-30 and Bulk Schedule for permission to construct dwelling with insufficient side yards. Loca- tion of property: west side Sylvan Drive, East Marion, New York Lot 10A, Gardiners Bay Estates. Section H. 9:15 P.M. (E.S.T.) upon application of Alexander and Ann Robinson, Jr., 25 Dairy Road, Gr ee n.wich, Connecticut, _ c/o W. Gordon Ahman, Fish- ers Island, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide property with insuffi- dent width. Location of pro- pert'j: Mantauk Avenue, Fish- ers Island, New York, bounded on the north by H. Doroshe- vich, J. Peishoff, H. Parsons, and West Harbor; east by Sterling Street; south by R. Elwell; west by Montank Av- eoue. Any person desiring to be heard on the above appeals should app~ time and place above specified. Dated: December 12, 1977 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 1T-12/15(296). COUNTY OF SUFFOLK STATE OF NEVV YORK ss: Sherley Katz, being duly SWorn, says that she is an Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, o 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 Ivland Traveler-Watch. man once each week for .............. /. ...... weeks successively, commencing on the Sworn to before me this ..... / - ...... dcry or /~' ' ~"~ ~ 9.~..2.. .... ~ ....... :...: ;..~.~ff.~. ..... , '~' ' '"N~ Public ...................... TOWN OF SOUTHO/D BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y, NOTICE OF DISAPPROVAL 'or permit ,o construct .............: ........ .~. ,,~,,.__~.;.....at the premises located o, ...... ~.~ ........ ~../Z, ....... ~-...-~. ....... ~., J; ~.~.~..~. ..................... Street ~. ,.. ~ Map ....................... ~. ..... Bilk ............ ~ ....................... Lot ....... ~ ................................... is ~d dis~proved en the fellowing ~rounds ....... ~......~..C~....~ .... ~.:.~..~~ ....................................................................................................................... .... ~. ...... ~.~ ....... ~.¢~..~.~. ........... z...~.~p..~) .................... : ............................................. Southold Town Board of Appeals -32- December 22, 1977 The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Bergen, it'was RESOLVED, Edward and Kathryn Robedee, 1935 Pine Tree Road, Cutchogue, New York, be GRANTED permission to divide property with insufficient width and area, east side Pine Tree Road, Cutchogue, New York, as applied for. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. PUBLIC HEARING: Appeal No. 2373 - 9:40 P.M. (E.S.T.} upon application of John Xikis, 32-55 Steinway Street, Astoria,' New York for a special exception in accordance with the Zoning Ordinance, Article VI, Section 100-60 B l(b) for permission to construct motel and restaurant. Location of property: south side CR27, Greenport, New York, bounded on the north by CR27; east by J. Poliwoda; south by L. Hodor; west by Cornell, Caiola, and Papantoniou. The Chairman opened the hearing by reading the application for a ~pecial exception, legal notice of hearing, affidavits attesting to its publication in the official newspaper, and disapproval from the Building ~nspector. The Chairman also read statement from the Town Clerk that notification by certified mail had been made to: John Poliwoda; Lewis Hodor; Peter Papantoniou; A. Caiola; Joseph C. Cornell. Fee paid - $15.00. THE CHAIRMAN: You put that legal description in there, shouldn't there be something else in the application describing what you want to do? RUDOLPH BRUER, ESQ.: I think it's pretty well stated in that, we want to make a motel and a restaurant. The Ordinance, it's zoned for Light Business, the Ordinance provides that we can have a motel with a special exception from the Board of Appeals. We are asking for that special exception. I think the ... THE CHAIRMAN: Would this be a combination restaurant with the motel or would it be a separate restaurant and motel or some other configuration? Southold Town Board of Appeals -33- December 22, 1977 RUDOLPH BRUER, ESQ.: I figured as far as the configurations go, you really can't make any determination at this time until you go before the Planning Board because the Planning Board must give us site plan approval. We're going to be stuck with whatever they want us to do, probably. THE CHAIRMAN: I think the Planning Board is required to give site plan approval but there are certain requirements in the Ordi- nanoe that minimize the number of motel units that you can have, the parking requirements and so forth. RUDOLPH BRUER, ESQ.: I understand the Ordinance and I under- stand that there's a density requirement. One of the requirements, the property, as you can see, is 375' by 300' which gives it ... THE CHAIRMAN: 112,000 sq. ft. RUDOLPH BRUER, ESQ.: And 500, right. says that there shall be per unit 6,000 sq. there is no public sewer or water. The density requirement ft. for each unit where THE CHAIRMAN: That gives you 18.73 units. RUDOLPH BRUER, ESQ.: I had a question in my mind ... THE CHAIRMAN: You have to deduct the space, you have to deduct from your division there, the 112,500 sq. ft., you have to deduct the actual area occupied by the restaurant as well as the parking requirements of the restaurant. If you had 100 seats in the restaurant, you'd require 25 parking spaces. Each of those would require approximately 400 sq. ft. You would multiply 400 by 25, that would give you a deduction for your density, additional deduction, of 10,000 sq. ft. That would take another unit off, you're down to around 15 units probably if you assume ... the restaurant might be how big, 2,500 sq. ft.? RUDOLPH BRUER, ESQ.: I really don't know. THE CHAIRMAN: I'm just trying to get a rough idea. It looks as t~ough you could have, if this Board grants this special exception, approximately 15 to 16 units, motel units, plus the restaurant, assuming the restaurant is a normal sized one, normal parking requirements. RUDOLPH BRUER, ESQ.: It was my understanding that the restaurant would basically be servicing the motel. THE CHAIRMAN: You couldn't keep out others, I don't believe. ROBERT BERGEN: You wouldn't refuse them, either. RUDOLPH BRUER, ESQ.: No, I mean that would be the purpose of it. Southold Town Board of Appeals -34- December 22, 1977 THE CHAIRbI~N: There wouldn't be any distinction as far as Zoning is concerned. You have parking requirements for the restaurant. As we understand the application, you have a basic right to the restaurant but the special exception has to be granted by this Board. RUDOLPH BRUER, ESQ.: I understand that. THE CHAIRMAN: I'm just making sure everybody understands. When is this project, is this property purchased yet? RUDOLPH BRUER, ESQ.: Yes, in 1973. THE CHAIRMAN: Owned by Xikis since 19737 RUDOLPH BRUER, ESQ.: Yes. THE CHAIRMAN: The zoning, the Business zoning refers to the full depth of this property, as I understand it. It's not like some of the business zones around here which are only 200! in depth. Mr. Teeves owned it originally prior to zoning and made a very strenuous demonstration, I was on the Zoning Committee at the time in 1957, requesting a Business zone which we, at that time, thought was inappropriate and uncalled for and against what we ... we considered it strip zoning which ruined large parts of Long Island, as you know. However, Mr. Teeves put forth such a strong argument that we, I guess we were rather naive, we gave in and he got the Business zone. One reason was that he had a real estate office which was required to be located in the Business zone, so he wanted all of this property zoned Business. Also he felt that the Sound Shore Motel, he should have whatever they had, down the street a ways. But across the street, the beach is zoned residential and does not lend itself to an accessory use to the motel. Does anyone else wish to speak for this application? RUDOLPH BRUER, ESQ.: I'd like to make a couple of comments on it. I think the property lends itself to it. Lets face is, up the street there is the Sound Shore, a little bit west there are two motels. It's on the water, it's on the County Road which, apparently, they plan to widen, possibly to a four-lane road. I will point out further that the avowed purpose of the Town is to promote tourism and people to come and visit the area and enjoy the recreational facilities of it and I think this lends itself to that type of activity. I think'it's in the spirit of the so- called, I don't know whether we have a master plan, but the so-called purposes that the Planning Board kicks around. I think it's in a good spot for it. THE CHAIRMAN: One of the key elements of any master plan to avoid strip zoning and I'm sure that the things that you mentioned would be included in any summary of our master plan. There is no summary of our master plan. is Southold Town Board of Appeals -35- December 22, 1977 RUDOLPH BRUER, ESQ.: There are comments that have been passed around at various meetings. THE CHAIRMAN: It's the sum of all the thinking, of all the decisions and all the engineering surveys, Raymond and May and Malcolm Pirnie water surveys, it's the sum of all of those things is what might be called our "comprehensive plan." But you can't really put your finger on it, it's policy. New York doesn't have one at all, they've been trying to write one for forty years. Anyone else wish to speak for this application? (There was no response.) Anyone wish to speak against this application? ABRAHAM NISSENFELD: I do. THE CHAIRMAN: How close are you located to this? ABRAHAM NISSENFELD: Across the street. I'm On the beach side of the street. There are a number of motels in the area and recently one motel was sold because business was poor. Other motels are having problems keeping open. In addition to this excess of motels aro%%nd there, only one motel really is making money on this deal. In addition to all these motels, we have a problem in the area where people from Town Beach go wandering along the beach for about 2,000 feet and interfere' with the residents', use of their own beach. If a motel is placed in an area where you can't get access to the beach unless you go a considerable distance either way, the people that will live in the motel are bound to cross the property on the beach side and cause disturbances there. There are enough disturbances there now, we have to call the police many times because people get on the beach and they tell us that we can't chase them because they're below the high water mark, that's the typical excuse. What is to stop the motel people from coming across and ggtting on the beach and then you can't chase them off? They interfere with our operation, our use of our own beaches and the motel will definitely create more of this. If they had an access to the beach and they kept the people to their own area like they do further down the row, we couldn't possibly object to that. But this is absolutely going to create problems with the residents across the street. THE CHAIRMAN: Your objection is not to the motel or the restaurant, it's to the use of the beach that may occur by the residents of the motel. ABRAHAM NISSENFELD: But the motel is a source of that trouble. THE CHAIRMAN: In your view, and ! would tend to agree with you, it would be extremely difficult to keep the people in the motel from crossing the road. Southold Town Board of Appeals -36- December 22, 1977 ABRAHAM NISSENFELD: Especially when they're facing such a beautiful beach. THE CHAIRMAN: On a beautiful beach that is owned by the proprietor of the motel and, even though it's not zoned for public use of the occupants of the motel, it would be putting an impossible burden on the enforcement authorities. It's some- thing we could do but I agree with you, that it would not be effective. ABRAHAM NISSENFELD: There's another thing we have to keep in mind. The character of the area is so wonderful because it is kept to private residences. A real estate office has more or less been considered a desirable asset even in a private area, but then~to change it to a motel which is definitely not desirable in a residential area of such high quality that it tends to take it all out of proportion. THE CHAIRMAN: In our original zoning out here, we only had three zones, "A" Agricultural-Residential was one zone; ~usiness was another zone and a real estate office had to fall in the Business zone and practically everything else,-except industrial, there were a few industrial plants in the Town. Ours was really a very simplified zoning and none of us here understood it too well including the people in the Town, except if they'd come from someplace that did have Zoning, and part of our job was to sell Zoning to the Town at all. Undoubtedly there were mistakes made and, in my opinion, this was one of them. Anyone else.wish to speak .;.. I mean the way this property was zoned was a mistake. Anyone else wish to speak? J. C. CORNELL: I am also one of the owners on the west side of the property in question. Mr. Bruer stated that in the Ordinance you can put a motel up under "B" Business. I am not aware of this. I believe that this comes under Multiple Dwelling. THE CHAIRMAN: It does now. J. C. CORNELL: I believe it comes under Multiple Dwelling so it does not, I don't even see why this is being brought up because it would have to be rezoned for Multiple Dwelling, which I'm sure nobody's going to pass now. THE CHAIRMAN: In the revised Ordinance, an applicant in the "B" zone was permitted to make an application for a motel or tourist home normally permitted in the "M" zone. So this had to be done by special exception, that's why he's here. J. C. CORNELL: Well, is there a special exception since the "M" zone or the Multiple Dwelling zone was adopted last year? THE CHAIRMAN: There is if we grant it here. You're permitted to ask for it, that's the point I'm making. The reason that was Southold Town Board of Appeals -37- December 22, 1977 put in there was, I think, that the Town fathers became aware that, with the abandonment of the shopping center on the other side of Mattituck, that there were efforts to convert that to dwellings, see, and so we put a change in our Ordinance which requires that only can it become a dwelling by special exception or a variance by this Board. The same thing applied to motels. But at the time they made all these changes, they also picked up a lot of poor, what might be called poor business zones which occurred as a hangover from the'original Ordinance, things which should hot have been business but still are. Teeves is one of them which I personally think they should have picked up. J. C. CORNELL: Excuse me, why is this imposition put upon the Building Department and you fellows here when eventually it's going to go through the Department of Environmental Control which also has their impact ruling right now. I'm certain they're going to go into this because even if the'Building Department here was considering it, we still have to go through the Department of Environmental Control and Larkin and everybody else. THE CHAIRMAN: The DEC. Personally, this is just my opinion, I don't think DEC would block a motel here. I think the County Planning Co~unission would be against it. I'm a member of the County Planning Commission, I know how they think. This is strip development, it's multi-family use of a high-speed road, it endangers people crossing the road to the beach. We're also developing that same problem down at Jack Levin's motel at Sound Shore. They have to create parking across the street, so we've got the same problem there. This would compound the problem on the road. We can't get the State to change the speed limit. J. C. CORNELL: In addition, we have the new development that's just starting there, Shore Crest, which is right adjacent to it. It's all improved roads and curbs and underground utilities and' everything else already completed in there, right next to it. I think that would be detrimental. So I'm in opposition to it and I'd like to go on record as such. THE CHAIRMAN: Anyone else? RUDOLPH'BRUER, ESQ.: If I may make a comment with respect' to Mr. Cornell's remarks. Assuming that the property was zoned Multiple, we would still have to come before the Board for a special exception anyway. THE CHAIRMAN: It depends on which Multiple Zone. RUDOLPH BRUER, ESQ.: No, it doesn't. There's no absolute right to a motel unless he comes before the Board. THE CHAIRMAN: We haven't had a motel for a long time. Southold Town Board of Appeals -38- December 22, 1977 RUDOLPH BRUER, ESQ.: The "B-l" also gives the right to come to this Board so you have it in those three zones, I don't know about "C". THE CHAIRMAN: (referrin~ tothe Ordinance) Multiple dwellings, hotels and motels are uses permitted by special ex- ception in the "M-l" General Multiple-Residence District. In the "M" Light Multiple-Residence District, "Multiple dwellings not exceeding one hundred twenty-five ~125) feet in length designed for and occupied by nor more than four (4) families." That's really an apartment house use. DOMINIC AURICHIO, ESQ.: that Ruch put through there, investment. Dr. Caiola is in the development he built a home of considerable THE CHAIRMAN: In what development is that? DOMINIC AURICHIO, ESQ.: The Ruch development where it says Dr. Caiola on the west. THE CHAIRMAN: That was a house built on speculation and he bought it, right? DOMINIC AURICHIO, ESQ.: He bought the house from Cornell. But whether it was built for speculation or not is a side question, the man went there to live in the development and he bought the house, he invested well into it. It was in a building development of homes and they were put up to be resold. The point that I raise at this time is that when you have a statute or a law that says this, this~ this, and this are subject to a special exception which must be evaluated by the Board of Appeals. THE CHAIRMAN: There are about 18 different considerations. DOMINIC AURICHIO, ESQ.: It would be in my opinion, as-I'look at it, that in order to reach a conclusion of granting this special exception, the Board, in its learned manner, would evalu- ate what is there existing, what is the nature of the entire thing, and what is the impact of this special exception in the midst of what has started in the development and the nature in which it now exists. Therefore, if you take, on the one hand, say "yes, we'll put that in," what happens to the people around it? They may now be placed in a position of nuisance that they did not envision. It now remains only for this Board to evaluate that, and that's the main factor in the evaluation, that you may be damaging others who are investing. THE CHAIRMAN: You might very well damage any future sales there. DOMINIC AURICHIO, ESQ.: Future sales also, here's a man who invested, put all of these utilities in and roads, he has sold some, and now abruptly it's over. Southold Town Board of Appeals -39- December 22, 1977 THE CHAII~a%N: I think that would be normal, to consider all those factors, and I'm glad you mentioned it. DOMINIC AURICHIO, ESQ.: You've got motels that are standing in the area, the Sound Shore Motel is a vast area. Mr. Levin, at that point, bought and acquired a hundred acres or more across the road. THE CHAIRMAN: He's on both sides of the road, that's correct. DOMINIC AURICHIO, ESQ.: And he's got it all the way down just short of Albertson Lane almost up to Chapel Lane and almost way back to the Main Road. It's created an atmosphere of real rural and real country life, but to put a thing like this, lets go back into New York City and put up a rooming house in the midst of these other houses. It's not conducive to what we're trying to create out here and I think it has more of a diminishing value effect than to up-grade the area. THE CHAIRMAN: Do you know what we're trying to create? Everybody says to leave it the way it is. DOMINIC AURICHIO, ESQ.: No, I don't mean that. That is not my intent in speaking. If you want to leave it the way it is then it's horrible, but I don't want to make it worse than it is. I want to have it get better, something that is environ- mentally so and is conducive to attracting people. You don't want to put something up that's mixed in the midst of things which tends to degrade the area. If you've got to go and do it, take it and develop it and have a plan, something that will in- duce people to come here and not demolish the area and hurt people that are around there. You have people that are well invested along there on that waterfront also. THE CHAIRMAN: Anyone else? JAC~.LEVIN: I'm a Southold Town resident, taxpayer% and a businessman. I want to go on record against this proposed restaurant and motel not because I have my own axe to grind, which everyone thinks of, but the area doesn't need the restaurant or the motel because every motel that's there is empty except weekends. As far as the restaurant's concerned, there's 40 restaurants in the Town now. THE CHAIRMAN: Do you know the Chairman of the Zoning Board in Southampton, he's a motel owner over there? He told me an odd thing, maybe you can confirm it. Out in Montauk when there were one or two motels out there, they starved. As soon as a few more were built, they all filled up. Can you explain that. JACK LEVIN: Not that one, no. Southold Town Board of Appeals -40- December 22, 1977 (Mr. Aurichio discussed the situation on Montauk, and the North Fork Motel.) THE CHAIRMAN: Anyone else? RUDOLPH BRUER, ESQ.: I would object to the term "rooming houses" there. Also, not to dwell on it, as you have indicated many times here tonight, the property has been zoned Business since we've had any zoning here, and anybody who has in~ested money and has looked, they could easily have found that they had a business use here. Particularly a few years ago, I could be wrong, but I don't think there was any requirement to come to the Board for any special exceptions regarding this type of use. We do have a business use, there is a right here to go ahead and have retail stores and other various uses of a business nature. It just seemed to us that with respect to this property, it does have the zoning with the special exception, that it would fit into the type of business that this area is leaning to. THE CHAIRMAN: I see. Anyone else? JOHN CORNELL: I'm close to being the owner of a parcel of that piece of property right in Shore Crest Estates. THE CHAIRMAN: You own a piece of property in Shore Crest Estates, is that the subdivision to the west developed by the Ruches? JOHN CORNELL: Yes. Ail I'd like to say is that, being involved in Town politics a little bit, I understand that one of the biggest things the Town would like to do is keep the youth in the Town. I'm in the process of buying that piece of property, one piece of property over there for building a house. It's expensive enough for somebody my age who just got married to own a piece of property, but I do feel that having a restaurant or a motel or whatever directly behind the piece of property that I want to buy is definitely a deterrent against my particular neighborhood that I want to live in. THE CHAIRMAN: Anyone else? Any other questions in connections with this? (There was no response.) THE CHAIRMAN: I'm going to suggest that the Board postpone decision on this so that the Board can evaluate everything that's been said here and study this proposition some more. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that the Southold Town Board of Appeals RESERVE DECISION on Appeal No. 2373, John Xikis, to January 12, 1977, at 7:50 P.M. COMMISSION Seth A. Hubbard Lee E. Koppelman Suffolk County Department of Planning Veterans Memorial 0HN V.N. KLEIN, County Executive Highway Hauppauge, L. I., N. Y. 979-2920 February 2, 1978 Chairman, Town of Southold Board of Appeals Town Clerk's Office Main Road Southold, N.Y. 11971 Re: Application of "John Xikis" (#2373), Town of Southeld (SD-78-1). Dear Sir: Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the Suffolk County Planning Co~ission on February 1, 1978 reviewed the above captioned application and after due study and deliberation Resolved to dis- approve it because of the following: 1. Sufficient information has not been submitted to demonstrate compliance with established special exception criteria in the zoning ordinance; The resultant increase in traffic generation, vehicular turning movements and i~inent pedestrian movements to beach areas across North Road would be hazardous and adversely affect the safety and traffic carrying capacity of this high-speed roadway, particularly during peak sun, her periods; 3. The locale appears to be adequately served by motel facilities; and It would tend to establish a precedent for further downzonings in the locale inconsistent with the Town of Southold Development Plan which desig- mates premises and surrounding areas for Agricultural-Residence Development. Very truly yours, Lee E. Koppelman Director of Planning Gerald G, Newman Chief Planner GGN:jk O December 28, 1977 Board of Appeals Town of Southold Southold, New York 11971 Gentlemen: We are sorry we were not able to attend the Town hearing on 12/23/77 regarding the petition to build a motel - restaurant by John Xikis due to illness in the family. We would like to be put on record that we ar~Strongly opposed to the building of a motel next to our property, not only for personal reasons of wanting our peace and quiet, but we are sure that an establishment like that will not improve the town of Southold, but will deteriorate it. We feel that it will lower our property value because an establishment like that might attract an undesirable element, that their main reason for vacationing in Southold is to drain our waters of fish, and clea~i~g it in back of their motel roams, which will attract rodents and insects, and we are not looking forward to that. Another aspect you should think of is, the safety of children that will be sta~ing at the motel. They will have tobross the busy road to go to the beach and at this point traffic is so fast it is not safe. I hope you take these factors into consideration. Very truly yours, Calliope Papantoniou Peter Papant oniou New York address: 31-33 32nd St. ~ong Island City, New York 11106 Southold address: Box 69, Tenafly Cottage Southold, New York 11971 Suffolk County Department of Plannin~. H. Lee D~nnison E~ecutive Office Building Veterans ,~moria! _~li-hway Iiauppau~e~ ~Tew Yor!: 11707 Town of Southold Board of Appeals January 3, 1978 Petitioner John Xikis tlt~.~ ?i].~ ?~o. ~ 2373 C~nt lemen: Please be advised that pursuant to Sections 1323 to 1332 of the Suffolk Cotmty Charter~ the above captioned applicationwill mot be revim~ed because of noncompliance with requirenents for notice and maps as stipulateM in Informational Bulletin Mo. 8 of the Suffolk County Planninz Commission. ~e following information will only be accepted upon submission through the of~ fices of the municipal referrin~ aze~cy~ Please submit the following: (1) Minutes of the public hearing; (2) Informa- tion demonstrating compliance with special exception criteria; (3) Information demonstrating compliance motel unit density requirements; and (4) A preliminary site plan including seating capacity of restaurant and the number of motel units. Thank you. Very truly yours~ Lee ~. i~.,oppelman Director of Pl~nnin~ Gerald G. Mm, zmam Chief Planner 0 Southold Town Board of Appeals SOUTHrlLD~ L. I., N.Y. 11971 TELEPHONE 765-2660 APPEAt~ BOARD MEMBERS ROBERTW. GILLISPIE, JR., CHAIRMAN ROBERT BERGEN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. FRED HULSE, JR. January 6, 1978 Mr. Gerald Newman Suffolk County Planning Commission Dennison Building coUnty Center Hauppauge, NY 11787 Re: John Xikis application Dear Mr. Newman: As per your letter of January 3, 1978, enclosed please find the minutes of the public hearing on this appeal. The other Mr. Xikis' items you requested will be forwarded to you by attorney. YO~-~ truly, Sec~etary Eno. © 0 Southold Town Board of Appeals SOUTHOLD, L. I., N.Y. 11971 TELEPHONE 765-2660 APPEALS BOARD MEMBERS ROBERT W. GILLISPIE, JR., CHAIRMAN ROBERT BERGEN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. =RED HULSE, JR. January 5, 1978 Rudolph Bruer, Esq. Main Road Southold, NY 11971 Re: John Xikis application Dear Mr. Bruer: Enclosed please find a copy of a letter we received today from the Suffolk County Planning Commission requesting four various items. I will send them the minutes from the hearing, but I think you are better equipped to deal with the rest. Please attend to this matter as soon as possible so that we can receive a determination from the County by next Thursday's meeting. If you have any questions, please do not hesitate to call me or Mr. Newman in Hauppauge (979-2918). Thank you. YoJs truly, ~ar~/E. Dawson Seq~etary C TOWN CLERK 765-3783 Building Dept. Planning Bal. 765.2660 Board of Appeals TOWN OF SOUTHOLD TOWN CLERK'S OFFICE Main Road Southold, N. Y. 11971 Pursuant to the General Municipal Law, Chapter 24, of the Consolidated Laws, Article 12-6, Sections 239-1 and m, the ...~0~1.~.~. (~..~.[3p.a.&.%~ ............... of the town of..~.0..~.~.h.o.%~ ................... (agency involved) hereby refers the following proposed zoning action to the Suffolk County Planning Commission: (check one) ................ New and recodified zoning ordinance ................ Amendment to the zoning ordinance ................ Zoning changes John Xikis 32-55 Steinway Street Astoria, NY ................ Special permits ....... X ..... Variances Location of affected land: ...... , ,S..o...~..~...~. ,, I? ,~,,~, .?...,C. ,, .[~,,,?. !... ~.e., .? ~.?..o. ~..~..~,, ..,.~,,. ............................................. within 500 feet of: (check one or more) ................ Town or village boundary line, or shore line X ................ State or county road, parkway or expressway ................ State or county park or recreation area ................ Stream or drainage channel owned by the county or for which the county has established channel lines. ................ State or county owned parcel on which a public building is situated comments: There was strenuous opposition to this application from people who livedin the area. Some of the points brought up are that there are already 3 motels and a restaurant within a mile radius of the proposed motel-restaurant complex~ a new subdivision has just been approved to the west of the property~ the property owners on the Sound are afraid their beachfront will be used by D_ Dec. 27, 1977 motel guests~ and the traffic situation will ate: ................................................... worsen. The Board reserved decision (s/gned) Date received by Suffolk County Planning Commission .................................................................................... File No ................................. TO~,,'N HALL, OR 5167,345550 SOU'fHOLI) L/ NY 11971 GENTLEMEN: UNABLE TO ATTEND. 12/21/77 233[ NY 107 12-21 AND MAIL COPY PLS 1152P EST SiA'IE ~]¥ OBJECTIONS TO THE RECENT PROPOSAL FOR A MOTEL RESTAURANT THE PROPERTY OF JOHN XIRKIS ON THE NORTH SIDE 0~' NORT~t ROAD AND krOULD BE A TRAFFIC HAZARD CROSSING THAT ROAD TO THE BEACH. I HAVE SEEN THIS HAPPEN ~ANY TIMES. IT WOULD NOT BE iN THE INTEREST OF THE TAX PAYERS OF THE NEIGI~OItHOOD AND SUi;H s~..mo~N6 WOULD RENDER THE DECLINE IN VALUE 0~' TRi~ PROFEttTIES. THERE ARE NOW A MAXIMUM OF MOI~L$ AMD HESI[AU~tAN'I'S iN I'HA'I AA~'A AT ?RESFNI. I HAVE LIVED IN' SUUTHOLD ~OA 42 Y~.ARS. GENEVIF-VF V. THOMPSON 980 GRAM1' AVF PELHAM NANOF, NY 108U$ NNNN Colony Road & Bayview Ave. SouthOl d, N.Y. January 10, 1978 Dear Sir: We have just heard that someone is contemplating building a Motel on the Main Road just up the road from the town beach and do hope that you will put thumbs down on such a venture. There are more than enough motels in our area and are against another one being built. Sincerely, ~ EVANWILLIAMS McLAVE. M.D. 3' EVAN #. #C LAVE I~ET J~ 73 NORTH ROAD ~ND SOUTHOLD~ Mt~. THOMAS A. LITSCH ~ox ff~-A, North Road, Southold, New York I 1~71 ~ 69-A, North Road, $outhold, New York 11971 HERBERT J. BRC)~,~(/N Ruch Lane $outhold, N. Y. 11971 HERBERT J. BRO~I P. O. Box 1074 $outhold, N. Y. I Ig? I O O Board of Appeals Town of Southold SoutholdTown Hall Southold,N.Y. Gentlemen: Because of reasons of health,I do not believe that ay wife and I will be able to attend the Thursday's meeting. Please accept this letter ts a violent objection to the proposed construction of a Motel ami Restaurant on the South side of County Road # 27. In our opinion such a project would not be in the best interests of the commaib~y of taxpayers and surrounding residemtial zoning,~hich~uld then be down graded in value. David ~o Driscoll North Road-Box 70 SoutholdsN.Y. 11971 December Twenty- f~** 1~77 /465 NORTHE. AST 173 ST{ NORTH MIAR[ ~L 3316~ ~ /4.080899E553 12/19/77 [CB [PHHTZZ CSP NYAB 0 50565~19[b NGM TDHT NORTH MZAMZ FL [gO [~-t9 09t/4P EST BOARD OF APPEALS ATTN'THOHA8 HALL HAZN RD $OUTHOLD Ny 11~/4/4 REGARDZNG VARZANCE ASKED FORTH HE ARE OEFZNZTELY OPPOSE BY dOHfl TO THZ$ GEORGE AND ELLA WEZDENNULLER RT ~ BOX 68 NORTH RD SOU/HOLD RESTAURANT AND $0 EST ~ MGMCOMP MGM · · TCIDITH T. TERRY TOW~ CLERK REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 '[ELEPHONE (516) 765-1801 November 25, 1977 To: From: Southold Town Zoning Board of Appeals Judith T. Terry, Town Clerk Transmitted herewith is Appeal No. 2373, application of John Xikis for a special exception. Also included is notification to adjoining property owners as follows: John G. Poliwoda, North Road, Southold, N.Y., Lewis Hodor, P.O. Box J, Hauppauge, N.Y. 11787, Peter Papantoniou, 31-33 32nd St., Long Island City, N.Y. 1106; A. Caiola, 1605 Crosby Avenue, Bronx, N.Y. 10461; Joseph C. Cornell 750 Clearview Avenue, Southold, N.Y. 11971 Town Clerk JTT/bn cc:file TOWN OF $OUTHOLD, NEW YORI APPLICATION FOR SPECIAL EXCEPTION APP~CATION NO. ~373 DATE..~9~t-.~.~ 1977 TO THE ZONING BOARD OF APPEALS, SOUTHOLD, N. Y. I, ~) John Xikis of 32-~5 ~.t.~.~_nw.~.y. ~.~.~.e.e...~. Name Street and Number Astoria New York Municipality State hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE ARTICLE VT SECTION 100-60 subsEctiON B (1) (b) THE SPEClALEXCEPTIONISREQUESTEDBECAUSE the undersigned desires to construct a motel and restaurant on the premises described belowl ALL that certain piece or parcel of land, situate, lying and being near Arshamomaque, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the southerly side of Middle Road (County Road %27) (Kings Highway) (north Road) distant westerly 1198.80 feet from its intersection with the westerly side of Albertson's Lane (Cassidy Lane) as measured along said southerly side of Middle Road, said point of beginning being where the division line between the land herein to be described and land now or formerly of John G. Poliwoda, intersects said southerly side of Middle Road, and from said point of beginning; RUNNING THENCE along said division line, South 13a 56' 40" East a distance of 375.00 feet to land now or formerly of B. Schwartz; THENCE along the northerly line of said land South 76" 03' 20" West a distance of 300.00 feet to land now or formerly of V. Ruch; THENCE along the easterly line of said land and the easterly line of land now or formerly of Papantoniou North 13' 56' 40" West a distance of 375.00 feet to the southerly side of Middle Road North 76* 03' 20" East a distance of 300.00 feet to land now or formerly of John G. Poliwoda, aforementioned, at the point or place of ~EGINNING. STATE OF NEW YORK CouNTY OF SUFFOLtQ E~rn to this ........... ~,.7..I~%.... day of ...~Q.V_~.... t~....7.7. ...... ~f ............................. :.....~,.;L..-. iNO..52.3203050-..SUffOlk Notary PubU. c ' ' - County ~.~mmJssjo, ~xp|r~s Marc, 30.. 1,77 "'~torney for John xikis FORM ZB2 O BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of : : : to the Board of.Appeals of the Town of Southold : TO: JOHN O. POLIWODA LEWIS HODOR NOTICE A. CAIOLA JOSEPH C. CORNELL PETER PAPANTONI OU 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 1:o request a (~) (Special Exception) (~) (~: ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: See attached survey. South side of road only. 3. That the property which is the subject of such Petition is located in the following zoning district: 4. That by.such Petition, the undersigned will request the following relief: Permission to erect motel and ~estaurant. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare: Zoning ordinance article VI, Section 100-60, Subsection B (1) (b) 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 may 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 in the Long Island Trav~ler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: November 21, 1977 ///~~~ By: Rudolph H. Bruer, Attorney Post Office Address for John Xikis Main Road Southold, New York i1971 NAME John G. Poliwoda Lewis Hodor Peter Papantoniou A. Caiola Joseph C. Cornell PROOF OF MAILING OF NOTICE ADDRESS North Road, Southold, N.Y. 11971 P.O. Box J, Hauppauge, N.Y. 11787 31-33 32nd St., Long Island City, N.Y. 11106 1605 Crosby Avenue, Bronx, N.Y. 10461 750 Clearview Ave., Southold, N.Y. 11971 STATE OF NEW YORK ) COUNTY OFSUFFOLK) SS.: Mary Diana Foster , residing a! McCann Lane, Greenport, New York , being duly sworn, deposes and says that on the ~--~ay of November ,19 77 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresse~ of said persons as shown on the current assessment roll of the Town of Southoid; that said Notices were mailed at the United States Post Of- rice at Seuthgld, New York ; that said Notices were mailed to each of said persons by (certified) (~jml~md) mail. · SwornJ, e'~L~ore me thins ~:% Notary Public RUDOLPH H. BRUER IIOTAR¥ pUBLIC, Sute of Ne* Yolk Ho. 52-~65530 - ~tfak CourtLy ~ T SEE SEC. NO. 130 A Legend Pentel No. 73 : Deed SEE SEC. NO. 052 Revisions .~.~ , ,/_ ~ ,~, ~)7~ ~__'~..