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TOWN OF SOUTHOLD, NEW YORK
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. l?31 Dated February 20,
ACTION OF THE ZONING BOARD OF APPEALS O~ THE TOWN OF $OUTHOLD
To Joseph & Helen Rakowski
We stphalis Read
Mattituck, New York
DATE ..~aILGB....6, 1973
1973
Appellant
at a meeting of the Zoning Board of Appeals on l~Iar ch 8,
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
( ) Request for a variance to the Zoning Ordinance
( )
1973 the appeal
1. SPECIAL F,~CEPTION. By resolution of the Board it was determined, that a special exception ( ) be
granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph
.................... of the Zonin~ Ordinance and the decision of the Buildin~ Inspector ( ) be reversed ( ) be
confirmed because 8:50 P.M. (E.~.T.), upon application of Joseph and
Helen Rakowski to convert existing dwelling into two family
dwelling. Location of property: north side of Private Road (PR~22)
off east side of Westphalia Road; bounded north, by Mattituck Creek;
east by J. &rignon; south by Private Road; West by L. Ford; in
accordance with Article III, Section 300 B-1 of Building Zone Ordinance.
Fee paid $15.00.
2. VARIANCE. By resolution of the Board ~t was determined that
(a) Strict application of the Ordinance (would) (would not) produce practical difficulties
hardship because
gEE REVERSE
(b) The hardship created (is) (~s not) umque and (would) (would not) be shared by all properties
alike in the immediate vicinity of this property and in the same use district because
~'EE REW'~R~E
(c) The variance (does) (does not) observe the spirit of the Ordinance and (would)
change the character of the district because
(would not)
and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and
that the previous decisionz of the Building Inspector ( ) be confirmed ( ) be reversed.
FORM ZB4
SEE REVERSE
"'~,~h/J/I,' /~ : ~rjori~ McDermott, Secretary
After investigation and inspection the Board finds that
applicant requests permission to convert existing dwelling into
two fami~v dwelling. The findings of the Board are that
property does not meet the proper zoning requirements as to
area of lot size which must be 80,000 sq. ft.; and the
conforming use, which can be renewed any time within two years,
was abandoned for more than two years and is not renewable.
The Board finds that the publoc convenience and welfare and
justice will not be served and the legally established or permitted
use of neighborhood property and adjoining use districts will be
permanently or substantially injured and the spirit of the 0rdinauce
will not be observed.
THEREFORE IT WAS RESOLVED, Joseph and Helen Rakowski, Westphalia
Road, Mattituck, New York, be DENIED~ p~r~iss~oD to convert existing ~'
building into two family dwelling for the reasons stated. Location
of property: north side of Private Road (PR#22) off east mide of
Westphalia Road, Mattttuck, New Tork.
Vote of the Board: Ayes:- Messrs: Gillispie,, Grlgonis, Hulse.
?UT*NOTE
WICKHAM & LARK
TO:
Mr. Howard Terry
Southold Town Zoning Board of Appeals
Main Road
Southold, New York 11971
L ·
Dear Howard:
Dear Dick~
Received Rakowski
application today. It will be on
for March 8 meeting, notice will
be sent as soon as prepared.
Enclosed herewith is an Application
for Special Exception on behalf of Joseph
A. Rakowski and Helen Rakowski, his wife.
Also enclosed is a check to the Town of
Southold in the amount of $15.00 as the
filing fee.
I would appreciate your advising me
when this will be considered by the Board.
Very truly yours,
SIGNED DATE: 2/16/73mlf SIGNED
~ichard F~ Park
Feb. 20, 1973
DATE:
LEGAL ~'~ ~
Notice of Hearings
Pursuant to Section 267 of the Town Law and the provisions of
the ~mmended Building Zone Ordinance o~ th~ Town of Southold,
Suffolk County, N.Y., public hearings will be held by the Zoning
Board of Appeals of the Town of Southold~ at the Town Office,
Main Road, Southold, N.M. on March 8~ 1973: on the Following
Appeals:
7:~ PM (E.S.T.) upon the application of.Mattituc~ Inlet Marina
& shipyard Inc to erect and maintain an "off premises" directional
sign on premises of Aldrich Lane Realty Associates~ northeast
corner of Main Road & Aldrich Lane, Laurel~ N.Y. in accordance with
Art. III~ sec. 3OO-C-6 of building zone ordinance.
7:~ PM (E.B~.~ Upon application of Mattituck Inlet Marina &
Shipyard Inc ~o erect and maintain an" off premises" directional
sign on premises of Roy H. Reeve on southeast corner of Sound Ave.
and'Aldrich Lane'~ Mattituck, N.Y., in accordance with Art III,
Sec. ~00-C-6 of Building Zone Ordinance.
8:05 PM (E.S.T.) Upon application of Mattituck Inlet Marina &
shipyard inc to erect and display an additional wall sign on
· sidewall of "on premises," business building located a~ southwest
corner of West Mill Road ~ Mattituck Inlet~ Mattituck, N.Y. in
acdordance with Art VI & VII, Sec 600-C-b of Building Zone Ordinance
side yard Lo~ation of premises 8/S Maple Ave ( Private Road)
oTf 'E/S Grand Ave Mattituck[ Bounded: NJ Mapte Ave; E.~' M. Smith~
. S~LOng Creek; W~ M & P Suter.
8~30 PM (E.S.T.) Upon application of Patrick & Margaret Walsh~
B: I~PM (EST) Upon application of Oconee Construction Corp., 67
West.Main. St East Islip~ N.Y. A/C Dr. Carlos Tejo~ for variance
ta A~t III Sec ~0~ & Bulk Schedule' of Building zone ordinance to
maintain ~n accessory building in front yard area and with insufficien'
Mill Road~ con~c, N.E. to alvide nre~lises aha use as singz%~
lots: Lot # 11 Bailey Park Subdivision, S/S Fasbender Ave, Peconic
N.Y. and lot ~9 Blanche Dickinson subdivision, W/S Mill Road (La)
Peconic, N.Y. In accordance with Art Iii Sec 301 & Bulk Schedule
o£ the Building Zone Ordinance.
8:40 PM (B.S.T.) Upon application of Herbert Muncy, Orchard La.~
East Marion, N.Y. for a permit to build an addition on existing
dwelling with reduced side yard area. Location of premises: Lots
# 64-6~-66 Sec Ii Gardiners Bay Estates, East Marion, N.Y, in ~.
accordance with Bulk Schedule of Building Zone Ordinance.
8:' 50 PM (E.S.T.) Upon application of Joseph & Helen Rakowskl
to convert existing dwelling into two family dwelling. Location of
N/S privat+oad (PR #22) off E/S Westphalia
premises:
Road~
Mattituck, N.Y., bounded : N/ MaStituck Creek; E/ J. Arignon; S/
pvt Road; W/ L. Ford~ in accordance with Art. III Sec 300-B -~ of
building Zone ordinance.
9:05 PM (E.S.T.) upon application of Frank Vanecek to ammend and
modify the action of Board of Appeals incase ~1424 by adding a
gasoline dispensing, pump at a non-commercial marina. Location
of premises: E/S Narrow River Road, Orient, N.Y., Bounded: N/
H. Demarest & Sons~ E/ Hallock Bay; S/. Plainland Realty Corp~
W/Narrow River Road.
9:1~ PM (.E.S.T) Upon application of Xenophon Damianos to ammend
Board of Appeals action # 1394 and variances according to Building
Zone ordinance Art X Sec i008~ Art XII sec 12~+ and bulk schedule
Location of premises: Map of Greenport Homes, Main Road (RT 25 or
west front St) and 9th St, Greenport, N.Y.
Any person desiring to be heard on the above applications should
appear at the time and place specified.
Dated Feb 1~ 1973
By order of The Southold Town Board of Appeals
Please publish once~ March 1 19734 and forward 10 affidavits of
publication to the Southold T~n Board of Appeals~ Main Road~
Southold~ N.Y.
Copies mailed to following Feb 23, 1973:
L.I.Travler- Mattituck Watchman
The Suffolk Weekly Times
Mattituck Inlet Marina
Oconee Construction Corp
Patrick & Margaret Walsh
Herbert Muncy
Wickham & Lark A/C Rakowski
Frank Vaneeek
X. Damianos
BIOTICE OF
Pursuant to Section ~? ' the
Town Law and the l~OVl~ · of
the amended Bufldln~ Zone 0rdi-
nonce of the Town of ~outhold,
~lffolk County; BI. Y., p~blic
hearings will be held by the Zon-
in~ Board of Appeals of the
Town of Southold, at ~he Town
Office, Main Road, ~outhold.
1~. 'ff. on March 8, 1973, on the
following appeals:
7:45 P. M. (EST), upon the
~pplication of Mattituck Inlet
Marin~ & Shipyard Inc. to erect
d'rectional stsn on premises of
Aldrich Lane Realty Associates.
northeast corner of Main I~o~d
and Aldrich Lane, Laurel, BI. ¥.
in accordance wt~h Art. III, sec.
300-C-6 of building zone ordi-
7:55 P. M. IEST~ upon appli-
cation of Mattituck Inlet Marina
~ Shipyard, Inc. to erect a~d
H. Reev~ on southeast corne~, of
Buildin~ Zon~ Ordinance.
8:05 P. M. (EST~ upon appli-
& Shipyard, Inc. to erect and
display ~n additional w~]l ~
l~lver l~oad.
on the ~bove applications
COUNTY OF SUFFOLK
STATE OF NEW YORKl ss:
C. Whitney Booth, Jr., being duly sworn, says
that he is the Editor, of THE LONG ISLAND
TRAVELER - MATTITUCK WATCHMAN, a public news-
paper 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 Troveler-Mattituck Watch-
man once each week for ...... .~....~...~../.... week/¢
successively, commencing on the .............. /..,~.... ...........
day of ..~..~--~-~....,~19.7.~...
Sworn to before me this ........... ~:~. day of
ADELE PAYNE
Notary Public, StaIe of New YorJ{
NOTICE OF HEARINGS
Pursuant to Section 267 of the
Town Law and the provisions of
the amended Building Zone
Ordinance of the Town of
Sonthold, Suffolk Coanty, N.Y.,
public hearings will be held by
the Zoning Board of Appeals of
the Town of Southold~ at the Town
Office, Main Road, Sonthold,
N.Y. on March 8, 1973, on the
following Appeal~:
7:45 PM (E.S.T.) upon the
application of Maltituck Inlet
Marina & ~hipyard Inc. to erect
and maintain on "off premises"
directional sign on premises of
Aldrich Lane Realty Associates,
Aldrich Lane, Laurel, N.Y. in
accordance with Art. III, See.
300-C-6 of Building Zone Or-
dinance,
7:55 PM (E.S,T.) Ulxm ap-
plication of Mattituck Inlet
Marina & ~ipyard Inc. to erect
and maintain an "off p~u~sos'
directixud sign on premises of
Roy H. Reeve on southeast
corner of Sound Ave. and Aldrich
Lane, Mattituck, N.Y., in ac-
cordanco with Art. IH, SUc. 300-C-
8 of Building Zone Ordinance.
8:~ PM (E.S.T.) Upon ap-
plication of Mattituck Inlet
Marina & ~hipyard Inc. in erect
and display on additional wall
sign on sidewall of "on premises"
business building located at
southwest corner of West Mill
Road at Mottituck Inlet, Mat-
tituek, N.Y. in accordance with
Art. VI & VII, Sec. 600-C-b of
Building Zone Ordinance.
8:15 PM (E.$.T.) Upon ap-
plicatinn of Oconee Construction
Corp., 67 West Main St., East
Is~p, N.Y. A-C Dr. Car]es Tejo,
for variance to Art. III, Sec. 303 &
Bulk Schedule of Building Zone
cessery~ building in front yard'
area and ~ insufficient side
yard. Location of premises -
Maple Ave. (Private Road) off E-
S Grand Ave, .Mattituck;
Rounded: N~ Maple Ave; E ~
Smith; $.- Long Cre~; W.- M & p
Suter~
8:30 PM (E~s.T.) Upon ap-
plication of Patrick & Margaret
Walsh, Mill Road, Pcconic, N.Y.
to divide premises and uso as
single lots: Lot No. 11 Bailey
Park Subdivision, ~-S Fasbender
Ave., Peconic, N.y. and lot No. 9
Blanche Dickinson subdivision,
W-S Mill Road (La0, Peemfic,
N.Y. In accordance with Art. III,
Sec. 301 & Bulk Schedule of the
Building Zone Ordance.
8:40 PM (E.S.T.) Upon ap-
plication of Herbert Muncy,
Orchard La., East Marion, N.Y.
for permit to build an addition on
existing dwelling with reduced
side yard area. Location of
premises: Lots No. 64-65-66, ~c.
II Gardiners Bay Estates, East
Marion, N.Y. in accordance with
Bulk Schedule of Building Zone
Ordinance.
8:50 (E.S.T.) Upon~
!of Jo~'h &. Hcion Rakowski to
convert existing dwelling into two
family dwelling. Location oi
premisez: N-S private road
No. 22) off E-S Westphalia Road
Mattituck, N.Y., bounded: N
Mattituck Creek; E- J. Arignon
S- pvt. Road; W- L. Ford;
accordance with Art. III, Sec.
~300-B-1 of Building Zone Or~
dinance. -- --
9:0~ PM (E.s.T.)~upon ap-
plicaQon of Frank Vanecek to
amend and modify the action of
Board of Appeals in caec No. 1424
by adding a gasoline disponzing
pump at a non-commercial
marina. Location of premisce:
S Narrow River Road, Orient,
N.Y., Rounded: N- H. Demerest
& Sons; E- Halleck Bay;
Plainland Realty Corp.; W-
Narrow River Road.
9:15 PM (E.S.T.) Upon ap-
plication of Xenophon Damianes
to amend Board of Appeals action
No. 1394 and variances according
to Building Me Ordinance Art.
X, Sec. 1006; Art. XII, Sec. 1204
and Bulk Schedule. Location of
premises: Map of Grcenport
Homes, Main Road (Rt. 25 or
west Front S~.) and 9th St.,
GOUNTY OF SUFFOLk,
STAT~ OF NEW YORK, ~ ss:
... S.%.u.a.rt.. C.. Dorman .............. being duly Sworn,
says that . .h.e.... is Printer and Publisher of the SUFFOLK
WEEKLY TIMES. a newspaper published ut Greenport, in said
county; and that the notice, of which the mmex~l is u printed
copy, has been published in the s~ld Suffolk Weekly Times
once in each week, for . one
........................... weeks
successively
Svmrn to before ,n~e/this ,...~.~ ......
Res~ ,tn~, in Suffolk County
TOWN OF $OUTHOLD, NEW YORK
APPLICATION FOR SPECIAL EXCEPTION
APPLICATION NO. ~ I
TO THE ZONING BOARD OF APPEALS, SOUTHOLD, N. Y.
(we) ~.p,s,,e.p.~. A.. ,&....,~.e.!._e,..n.....P.,..a, kQ..w_,s....k.i, of P.O. Box 180B - Westphalia Road
Name Street and Nun~ber
..................... ~a.t.t. iLuzck ......................................................................... ~,e;~..,.~.o~k ..................................................
bIunicipality State
hereby apply to THE ZONING BOARD_~QF APPEALS for a SPECIAL EXCEPTION in accordance ~vith the
ZONING ORDINANCE ARTICLE ~. SECTION ~ C~ ~.~-~
~ ~. ~SUBSY~CTI~O~-(t), for~e~missi~on~ to ~m~ake a ~twp f~m$1y .dw.el~ling o.u~t of e..x~s~tir~
mwe±±i~g: ±ocazem on Dro~e_~zy oounmea on vne wesz Dy _ivz~azrlcE~ on vne north Dy
~ta~i~c~ C~e~,_oD.~ %2s~ bI land of Avi~non~ on ~he shush by a righ~-of-wa~
_eaalng vo e vpnalla cam. , . ..
THE SPmC~AL EXCE~ZON ~S RmQ~STED BECAUSE C~e existing house on %ne p2e~ses is
~oo large fo2 Cke unde2si~ed. ~e house oonCains fou=Ceen (1~) 2ooms an& ~enC~-
nine hun&~e& (2,900) sofea=e feeC of living space. ZC was b~il~ in app2oximaCell
1877 as a boaraimg house bl ~r. Se~o~2 5z~kili. After ~(2. ~hili's
~au¢Ce2~ ~s. JennI Les~e~ opera~ed Che p~e~ises as a boa=aing aha ~ooming house
conCinuouslT un~il September 1959. ~s. LesCe2 8ie~ on SepCembe~ ~0, 1959
Che p~ope~C~ was iD~e2iCe~ bt ~2s. ~&fi! Schelin f~om whom Che
chase& iC on ~ovembem t8~
k~en we purchased this house it was in a somewhat ~om-dovm condition and
our son and his family then moved into this house. Dus to financial consid-
erations last year the undersigned sold our home in Browers Woods and moved into
this house with our son and his family. We are desirous of obtaining separate
cooking and living accommodations from that of our son and his family. However,
we have been informed that in order to have separate upstairs.living accommo-
dations and cooking facilities for ourselves~ we have to apply to the Board of
Appeals for a Special Exception to the zoning ordinance.
It will place an unnecessary hardship for us to leave the house in a one
family configuration. As stated previously the house was designed as a boarding
house and it has required and will require some interior alterations to make
suitable living conditions. The exterior of the house will remain the same in
that there will be no addition in size to the presentstructure, as the upstairs
and downstairs will each contain 1,~50 square feet. In fact this past summer we
had to completely refurbish the exterior by replacing the siding and the porches
due to extensive termitedamage.
~h~s Special Exception will not change the character and de-
Granting of ~ ~
velopment of the neighborhood as the adjacent properties already have dwellings
(Continued on Attached Rider)
) ,~ ,,<~~z........~~ .........
COUWTY OF SUFFOL$ // Si~a~re
/L ~ ~/ Joseph A. ~kowski
_Sworn ~o
NOTARY PU~LI'~ 8tats ~ ~ Ye~
No, 52-10008~ Suffolk Ce~unty
FORM ZB2
Rider
Application For Special Exception
JosePh Ao & Helen Rakowski
Dated: February 16, 197~
located on them. -This house has existed for many years and was utilized
as a boarding and rooming house. The lo~ on which the house is located
is large, faces ~attit-~ck Creek amd is suitable for accommodatin~ a
large ~o family house. There will be no increase in vehicular tra££ic
as omr son and his family presently reside there'with us and all we are
asking is to be able to have separate cooking and living accommodations.
~he house already has ~wo bathrooms so ~here will be no increase in
sewerage facilities. The ~wo £amily dwelling £or the undersigned and
our son's family will be in harmony with and promote the general purpose
and in~ent of the Zoning Ordinance.
~ Rak~wski
~elen Rakowski