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HomeMy WebLinkAboutZBA-10/11/1995APPEALS BOARD MEMBERS Gerard P. Goehringer. Chairman Serge Doyen James Dinizio, Jr. Robert A. Villa Lydia A. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (5t6) 765-1823 Telephone (516) 765-1809 MINUTES REGULAR MEETING WEDNESDAY, OCTOBER 1I:, 1995 A Regular Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was held at the Southold Town Hall, 53095 Main Road, .Southold, New York 11971, on WEDNESDAY, OCTOBER 11, 1995 commencing at 7:30 p.m. Present were: Gerard P- Goehringer, Chairman Serge J. Doyen, Member James Dinizio, Jr., Member Robert A. Villa, Member (arr. 7:20 p.m.) Lydia A. Tortora, Member Linda Kowalski, Board Assistant and Recording Secretary I. ENVIRONMENTAL DECLARATIONS UNDER TIlE N.Y.S. ENVIRONMENTAL QUALITY REVIEW ACT (SEQRA): Motion was made by Chairman Goehringer, seconded by Member Doyen, to declare lead agency status and, having in.qpected the property and reviewed the infornmtion furnished in the as a~ Negative Declarations for the following N.Y.S. Environmental Quality Review Act, application, hereby adopt Unlisted Actions under the listed on tonight's agenda: (Notices above. ) Appl. No. 4338 - WILLIAM WAGNER. Accessory sign for ~ nonconforming use. Appl. No. 4340 - J. GRILLO. Fence heights. Appl. No. 4341 - JERAD MOTEL CORP. for restoring cooking facilities use as existed formerly in motel without need for septic systems. Appl. No. 4344 - AMAC, INC. - variance concerns internal access of building. under SEQRA as prepared follow on next four pages, also for the Page 2 - Minutes & Resolutions October 11, 1995 Regular Mee APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A~ Villa Lydia A. Tortora · r° BOARD OF APPEALS TO'WN OF SOUTHOLD SE~P~ UN-LIS~ED ACTION DEC~TION Appeal No. 4338 Project Name: William Wagner Cx)unt~/T~Map No. 1000- 31-8-8 Location of P~ject: 7130 Main Road, East Marion, NY Southotd Town Hall 53095 Main Road P.O. Box 1179 Southold, New 'York 119 Fax (516) 765-1823 Telephone (516) 765-1809 October 11, 1995 Relief Requested/Juris~iiction ~fore This ~ea:d in this Project: Placement of freestanding sign, as built, similar to former preexisting sign in this R-40 Zone District. The si~n is accessory to a nonconforming use. This Notice is issued pursuant to Part 617 of the ialptementing r~jutations pertaining to Article 8 of the N.¥.S. Enviromnentai Qua3_tty Review Act of the Envirormae~utai C~Dnse~ation ~w and L~)cal Law ~44-4 of the Town of Southold. gm Environmental ~sessment (Short) Form has been su~tted, with the subj~t application indicating that no si~ific~/tt adverse eauvironmentai effects ~e ]Skely to 0ccuF sh0u]d the- project be in~plemented as planned, and: ( } this ~oard wisb~s to assume Lead Agency status and urges c~rdinaEed~u:itten con~nents by your agency to be suJ~mitted with the next 20 days. (XX} this B~ard has taken jLtrisdiction as Lead~xJency, has de~ned this Board officials application-tobeanUnlisted SEQRAAction, and has. declared a Negative Declaration for the following reasons: a. ga% gnviromnent~ ~ssessment has beetl su~anitted and evaluate, ~d/or b. An ir~ectionof the propez*~¥ has been made, or c. Sufficient infozzmation has been fuz~shed in the record to evaluate any ~ssible adverse affect of this project as filed, and/or d. Tq~is application does not dJ_rectly relate ~o new construction or on-site in~provements. { } this Board refers lead agency stat~s to ~our agency since the Board of Appeals does not feel ~s scope of jurisdiction is as broad as the Planning ~d concerning site changes and ete~ents under the site plan reviews. The a~:ea of j%lrisdiction by,_he ~rd of Appeals is not direCtly related to site inlprovealen~s or new bu/Idin~sl (However, if 7ou do not wish to assmne lead agency status within 15 days of this letter, we will assume 7ou have waived s~une, and we will be recp/_ired to proceed as Lead Agency.) For further infomation, pi~e contact the Office of the Board of Appeals, Tovm Hall, Main Road, ~uthold, ~Vf 11971 at (516) 765-1809. Page 3 - M±nutes & Resolut±9fi~?:~,~ October Il, 1995 Regular Meet~n§ APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Lydia A. Tortes Southold Town Hall 53095 Main Road P.O..Box 1179 Soutltold, New York 11971 Fax (516) 765-1823 Telephone (516) 765~ 1809 BOAR~J) OF APPEALS TOWN OF SOUTHOLD October 11, 1995 SE~RA UN-LIST~ ACTION DECI~TION Appeal No. 4340 Projec~ Name: d. Grill0 County T~ Map No. 10O0- 145-4-12.1 Location of Project: 385 Mesr0bian Dr.(Private Right-of-Way), Laurel, NY Relief Re_cfuest~d/J%Lris~&ction Before This Board in this Project: Exten_~ height: of portion of proposed fence from 4 ft. to 6 ft. and a height of 4 ft._pCar, e,n~rance 00to P~c0nic Bev Blvd. · rnzs No~ce ~s ~_ssue~ pursuant to Part 617 of the ia~_tementing regulations pertaJ~ling to g_rticle 8 of the N.Y.S. Enviroamental Quality Review Act of the Envil~o~ent~ Conservation Law and I~Dc~ Law ~44-4 of the Town of Southold. ~ Environmental Assessment (Short) Form has been submitted with the subject appli~tion indicating tllat no si~ifican% adverse enviroamentai affects are ]ike-]y t0~ 0ccur.$hou]d the~ project ~ i~_iemented as pianne~, and: { } this Board wishes to assume Lead Agency status and urges coordinated ~rritten co.,.ents by yo~ agency to be sutx~tted with the ne_~ 20 days. {XX} this B~d has t~ken jurisdiction as Lead Agency, has de~ed this Board of 'Appeals application to be an Unlist~ SEQRA A~tion, and has declared a Negative Declaration for the following reasons: a. gn Enviroamentat Assessment has been sukmlitted and exratuated, and/or b. As inspection of the proper~ has been made, or c. Sufficient information has been furnished in the record to evaluate ~.ny possible adverse affect of this projec~ as filed, and/or d. This application does not directly relate to new construciion or on-site L~rovements. { ) this Board refers lead agency status to your agency since the Board of g~ppeaLs d~s not feel its scope of jurisdiction is as broad as t-he Planning Bo~urd concerning site changes and elements under the site plan reviews. The area of jur/~diction by t_he ~d of 'Appe~s is not d/rectl~ related to site improvements or mew bu~idJ_ngs f (However, if you do not wish to ass%~me lead agency status within 15 days of this letter, we will assume you have waived sam~, and we will be required to proceed as Lead Agency. ) ~or further infora~ation, please contact t2~e Office of the Board of Appeals, Town Hall, M~Sn Road, Southo!d, ~ 11971 'at (516) 765-1809. Page 4 October APPEALS BOARD MEMBERS Minutes & Resolutions GerardP. Goehringer, Chairman Serge Doyen~ Ir. James Dinizio, Jr. Robert A. Villa Lydia A. Torrora 11, 1995 Regular Meet' Southold Town Hall 53095 Main Road EO Box 1179 Southold, New York 1197i Fax (516) 765-1823 Telephone (516) 765-1809 BOARD OF ~ApPEALS TOWN OF SOUTHOLD SE~RA UNLISq~.D ACTION DECLARATION October 11, 1995 Appeal No. 4341 Project Name: dera: d Motel Corp., county Tax Map No. i000- 40-1-1 Location of Project: 62005 C.R. 48, 6reenport, NY Relief Requested/Jurisdiction Before This Board in this Project: Restore cooking facilities use as existed formerly in motel This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law ~44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to:occur sh0'uld~the= project, be implemented as planned, and: { } this Board wishes to assume Lead Agency s~atus and urges coordinated written comments by your agency to be submitted with the next 20 days. ~X } . this ~ard has taken jurisdiction as Lead Agency, has deemed this Board of Appeals application to be an Unlisted SEQRA Action, and has declared a Negative Declaration for the following reasons: a. An Environmental Assessment has been submitted and evaluated, and/or b. An inspection of the property has been made, or c. Sufficient information has been furnished in the record to evaluate any possible adverse affect of this project as filed, and/or d. This application does not directly relate to new construction or on-site improvements- { } this Board refers lead agency status to your agency since the Board of Appeals does not feel its scope of jurisdiction is as broad as the Planning Board concerning site changes and elements under.the site plan reviews. The area of jurisdiction by the Board of Appeals is not directly related to site improvements or new buiidingsf (However, if you do not wish to assume lead agency status withJ~u 15 days of this letter, we will assume you have waived same, and we will be required to proceed as Lead Agency.) For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809- Serge Doyen. Jr. James Dinizio. Jr. Robert A. Villa Lydia A. Tortora Page 5 M±nutes & "~,~;:~' October 11, 1995 Reguiar APPEALS BO~D ~MBERS %~' O~d ~ Goe~ger, Ch~man ~~~ Southold Town Hall 53095 Main Road P.O. Box 1179 Southotd, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD October l!, 1995 SEQRA UNLISTED ACTION DECLARATION Appeal No. 4344 Project Name: ^MAC, INC, County T~x Map No. 1000- 122-7-1 Location of Project: 7400 Main Sued, taurei, NY Relief Requested/Jurisdiction Before This Board in t~his Project: Internal access of building (Relief.'from Conditions 3 and 4 under App!. No. 4074 render~j::l~i~lalt~b~.3_~,'~_~199~2:-}sued pursuant to Part 6't7 of the implementing r~julations per~Sning to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law $44-4 of the Town of Southold. An Environmental Assessment (Short] Form has been submitted with ~he subject application indicating that no significant adverse environmental effects are ]~k~]y to occur sho'u]d the-- project be implemented as planned, and: ( } this Boar~ wishes to assume Lead Agency s~atus and urges coordinated written cements by your agenc~ to be submitted with the next 20 days. {IX} this B~ard has taken jurisdiction as Lead Agency, has deemed this Board of Appeals application to be an Unlisted SEQRA Action, and has declared a Negative Declaration for the following reasons: a. An Environmental Assessment has been submitted and exraluated, and/or b. An inspection of the property has been made, or c. Sufficient infozTaation has been furnished in the record to evaluate any possible adverse affect of this project as filed, and/or d. This application does no~ directly relate to new constr~ction or on-site improvements. { 3 this Board refers lead agency status to jour agency since the Board of Appeals does not feel its scope of jurisdiction is as broad as the Planning Board concerning si~e changes and elements under the site plan reviews. The area of jurisdiction by ~he Board of Appeals is not directly related to site improvements or new buildings~ (However, if ~ou do not wish to assume lead agency status within 15 days of this letter, we will assume 7on have waived same, and we will be required to proceed as Lead Agency.) For further information, please con~act ~he Office of' the Board of Appeals, Town Hall; Main Road, Sonthold, NY 11971 at (516) 765-1809. Page 6 - Minutes Regular Meeting - October 11, 1995 Southold Town Board of Appeals Other applications which are setback or lot line variances are Type II Actions under the New York State list of SEQRA exemptions. Vote of the'Board: Ayes: AH. (No objections were raised). This resolution was duly adopted; II. PUBLIC HEARINGS: The following public hearings were held at the times noted below: 7:35 8:05 p.m. Appl. No. 4336 PEGGY HET.LER (Owner of Property: NANCY DOUGLASS) requesting a Variance under Article III, Section 100-32, based upon the August 16, 1995 Notice of Disapproval from the Building Inspector for construction of a one-family dwelling with insufficient front and rear yard setbacks. Property location: 1145 Majors Pond Road, Orient; County Tax Map Parcel No. 1000-26-2-39.1; also known as Lot 3 on the Map of Willow Terrace Farms, Inc., Suffolk County File No. 9572. Zone: R-80 Residential; Following testimony from Bruce Anderson, agent for the applicant, and other statements raised, the hearing was closed (concluded), pending 'deh~oerations later. (See Findings of Fact and Determination rendered later during the meedng. ) 8:05 - 8:10 p.m. Appl. No. 4338 - WILLIAM J. WAGNER requesting a Variance under Article XX, Section 100-205.1, based upon the June 16, 1995 Notice of Disapproval from the Building Inspector for placement ot~ a freestanding, sign, as built, similar to former preexisting sign in this R-40 Zone DiStrict. This sign is accessory to a nonCOnforming use established at the pre_mi.~es for sales of antiques in conjunction with owner's residency. Location of Property: 7130 Main Road, East Marion; county Parcel No. 1000-31-6-6. Following tesflmony, the board took the following action: Page 7 - Minutes & Resolut±ons October ll, 1995 ReguIar Meeting ACTION OF THE BOARD OF APPI~LALS Appl. No. 4338: WILLIAM J. WAGNER' requesting a Var4ance under Article XXI, Section 100-9.05.1, based ~tpon the June 16, 1995 Notice of Disapproval from the Building Inspector for pkacement of of a freestanding sign, as built, simila~, to former preexisting sign in thi.~ R-40 Zone District. This sign is accessory to a nonconforming use established at the premises for sales of antiques in conjullction with owner's residency. Location of Property: 7130 lydia Road, ¥~st Marion; County Tax Map Parcel No. 1000-31-6-6. WHEqiEAS, 'after due notice, a pUblic hearing was held on October 11, 1995, and at said hearing all those who desired to be hea~d were heard and their testimony recorded; and WHEREAS, the Beard has carefully considered ail testimony and documentation submitted concerning this application; and WHEREAS, Board Members have persoI)alty viewed and are familiar with the premises in question, its present :;~oning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. This is an appeal application June 16, [995 Notice of Disapproval issued by the Building Inspector. In an application filed with the Building Department, applicant has requested approval of a permit for an accessory ground sign, accessory- to an existing one family dwelling with retail sales sad rel~h- of antiques and furniture. The grounds upon which the Notice of Disapproval is dlgapproved are written as follows: Under Article XX,-Section 100-205.1 this type of sign is mot permitted in this zone (R-40). Action required by Zoning Board of Appeals. 2. The property at which the subieet sign is located is zoned R-40 Residential. A Pre-Certificate of Occupancy N(>. Z13576 issued to Jane M. Schulte under date of July 1, 1985 shows that: "...the pPemi~*.es was (formerly) zoned "A" Residential and' Agricultural... with insufficient setback-~ of dwelling from front property line 'approximately 25 ft. to porch, 35 ft. required. The barn is an Page 8- Appeal No. 4338 Application of WH,LIAM J. WAGNER Decision Rendered October 11, 1995 accessory structure set back three ft. from the property line. Premises and buildings have nonconforming use for retail sales and future repair .... ' 3. Reference is also made that use of the building as a one family residence in conjunction with owner's use as an antique sales and repair shop is also personal knowledge of boa~A members and board secretary. 4. For reference and file Purposes, a copy of the April 3, 1975 survey issued to gane M. Schulte has been submitted by the appli~,mt Showing the size and dimensions of the property, as well as the existing buildings. Noted in pen on the photocopy is tlie present sign location. 5. Section 100-205.1 of the Zoning Code provides as follows: "...A. The following signs will be allowed in the residential areas of the town, which shall if~clude all a~eas zoned A-e, R~40.:.~.: Not more than two nameplaces not to ~xceed two square feet in area; One sign identifying the residential neighborhood not more than 18 sq~ ft. in area, located not less than 15 feet f~om the street; If the appropriate circumstances exist, there maybe a real estate~ subdivision, ~ontrac~cor or yard sale sign. 4. Such other signs as may be authoriz~ as variances by the Zoning Board of Appeals .... Other zone districts are also permitted specific types of signs but which are not listed since they are .not relevant to thig R-40 Zone District. No provision is made, however, for s~gns which . are accessory to ar nonconforming use. There is also no specific prohibition against allowing-accessory uses-with leg~d nonconforming tlFV~S o 6. Under Section 100-241 "Nonconforming Uses, /he following is provided: Except as provided hereinafter, nonconforming use of, ~ buildings or open land exist~g ... on the effective date of this chapter or authorized by a building Permit issued prior thereto, regardless of change of title, possession or occupancy or right thereof, ,my be cent~nu~J indefinitely, Page 9 - Appeal No. 4338 Application of WILLIAM J. WAGNER Decision Rendered October 11, 1995 except that such building or use: A. Shall not be enlarged, altered, extended, reconstructed or restored..., nor shall any external evidence of such use be increased by any me.~n.~ whatsoever .... ' The above provision is not applicable sinco there is no change in the nonconforming use itself, only for the accessory sign structure. Section 100-243 of the Zoning Code provides that: ... A. A; nonconforming building containing a nonconforming use sh~]] not be enlarged: reconstructed or structurnllY altered ... unless the use of such building is chmuged to a conforming use. The above provision is also not applicable since thence is no eb:~nge in the noneonformlng use itself, only for the accessory sign structure. P1A~-ement of a sign is not considered a "pFincipal use." 8. T~ building inspector has determined tha~ he is without authority to approve the subject sign except as may be authorized and directed by the Board of Appeals. 9. It is the position of the Board in cunsidering this application that sign.~ are permitted accessory to any legally established use, and in an R-40 Zone district, such gTo~rud sign shall conform to the same provisions applicable to the zone district which normally provides for such use accessory to a conforming use. In other words, the size, location and other requiremen£s applicable to the Light Business (LB) Zone District, which permits antiques and repai~ of zntique furniture, shah govern for said gr~und sign - see Section 100-205. lC. Accordingly, on motion by Member Dinizio, seconded by Chairman Goehringer, it was RESOLVED., to hereby APPROVE based on a new determination that Section 100-205.1C shall apply to this ground sign as a permitted accessory to a nonconforming antiques sales and repair shop-residence, on thi.~ parcel, and IT WAS FURTHER RESOLVED, ~o hereby DETERMINE that (in the future) owners may obtain approval from the Building Inspec[or for new signs which are accessory to leg~aily established nonconforming uses subject to the size, dime~tsion, location, setbacks and other sign restrictions governed by the provisions of the zone district applicable [o said use (conformity), as if the same were a sign accessory to a conforming use status. ~ote of the Board: Ayes: Members Dinizio, Doyen, Goeh- ringer, Villa, Tortora. This resolution was unanimously adopted. Page l0 - Minutes Regular Meeting - October 11, 1995 Southold Tow~ Board of Appeals II. PUBLIC HEARINGS, continued: 8:10 - 8:20 p.m. Appl. No. 4339 - GINA MAXWELL requesting a Variance under Article IIIA, Section 100-30A.4, for permission to locate accessory storage shed in the required roar yard and partly in the side yard; as built and re-located from the former front yard location, and Article III, Section I00-31B(3B) for an increase of 96 sq. ft. lot coverage. Property location: 170 Orchard St. (former fire house building), Orient; County Ta~ Map Parcel No. 1000-25-3-3.1. Following testimony, the board took the following action: (Continued on next page) Page 11 - Minutes &Resoiutions October 11, 1995 Regular Meeting SouthoId Town Board of Appeais FINDINGS AND DETERMINATION DATE OF ACTION: October 11, 1995 APPL. #4339.; APPLICANT: GINA MARIE MAXWELL. LOCATION OF PROPERTY: 170 Orchard Street, Orient, NY. 1000-25-3-3.1. BASIS OF APPEAL: Notice of Disapproval issued September 7, 1995 by the Building Inspector: "Accessory structures required to be in a rear yard." PROVISIONS APPEALED FROM: Article IIIA, Section 100-30A.4 RELIEF REQUESTED: 12' bv 8' accessory storage shed as built shown on the sketched survey map with a setback au or near the required three feet from properzy lines, with a small portion of the shed located in the westerly corner side yard and partly in the required rear yard. (Shed was relocated from a front yard location which also was "as built" without a building permit.) Lot coverage is increased by 96 sq. ft. by this building and also requires this variance. MOTION MADE BY: James Dinizio, Jr. SECONDED BY: Serge J. Doyen ACTION/RESOLUTION ADOPTED: Granted as exists in l~resent location, without plumbing facilities now or in the future. (~L,-icisallnwable. i{EASONS/FINDINGS: No alternative location is available due to limited yard areas and substantial 2-1/2 story dwelling (former fire house building). Relief requested is not unreasonable, and the variance is minimal in relation to the requirement. Building is located as closely as possible to the required rear yard location. VOTE OF THE BOARD: Ayes: Serge J. Doyen, Member Robert A. Villa, Member (has misgivings) Richard A. Wilton, Member Lydia A. Tortora, Member Gerard P. Goehringer This resolution was unanimously adopted. Page 12 - Minutes Regular Meeting - October 11, 1995 Southold Town Board of Appeals PUBLIC HEARINGS, con*inued: 8:20 - 8:27 p.m. Appl. No. 4342 -GEORGE and CAROL KRAEBEL requesting a Variance under Article IILA, Section 100-30A.3 for permission to locate new dwelling with~ reduced setback from the westerly prOperty line which encompasses a private right-of-way easement. Property location: 7285 Peconic Bay Boulevard, Laurel, NY; County Tax Map Parcel No. 1000-126-10-1.5. R-40 Zone District. At the end of the hearing, the Board took the following action: Page 13 - Minutes Regular Meeting - October 11, 1995 Southold Town Board of Appeals PUBLIC HEARINGS, continued: 8:27 - 8:55 p.m. Appl. No. 4340 -JOSEPH AND SUSAN GRILLO requesting a Variance under Article XXIII, Section 100-231 for permigsion to .ex[end height of a portion of proposed fence from 4 ft. to 6 ft. along the westerly edge of the applicant's land used as a private right-of-way, and the northerly end near the entrance onto Peconic Bay Boulevard for a height of four. feet, which will not conform to Section 100-232B in that the: ' required height exceeds 2.5 feet above average street level without a required isosceles triangle having 30 ft. sides along .each corner to preserve sight lines for traffic, property Location: S/s Peconic Bay Boulevard k-flown, as 365 Mesrobian Dr. (Private Right-of-Way), Laurel; County Tax Map Parcel No. 1000-145-4-12.1. The hearing was opened and testimony was receiv~ed (see separate written transcript of hearing Prepared and filed · for reference). Motion was made at the end, by Chairman Goehringer, .seconded by Member Tortora, and duly' carried, to recess and continue the hearing at the next meeting (Nov. 8th, 1995). Thim resolution was unanimously adopted. 8:55 - 9:33 p.m. App!. No. 4341 -J-ERAD MOTEL CORP. (a/k/a SUNSET MOTEL) requesting a Variance under Article XKIV, SectiOn 100~243A and 100-243B based upon the September 7, 1995 No~tice of Disapproval issued by the Building Inspector, for permi.qsion to reestablish preexisting nonconforming efficiency apartments use in the existing footprint of this preexisting nonconforming building, portions of which were recently damaged, by fire. The property contnins a nonconforming lot size of less than five acres and is located in the RR Resort-Residential Zone. Property location: 62005 C.R. 48, Greenport, NY; Co,,nty Tax Map Parcel No. t000-40-1-1. After receiving all testimony,: the hearing was declared closed, pending a decision later in the evening. 9:33 - 9:43 Ten-minute break. Meeting reconvened at 9:43. PUBLIC HEARINGS, continued: 9:43 - 9:56 p.m. Appl. No. 4343 - HENRY and LINDA STEFFENS requesting a Variance under Article IIIA, Section 100~30A.3 and Article XXIII, Section 100-239.4B based upon the September 14, 1995 Notice of Disapproval issued by the Building Inspector, for permission to construct alteration and addition to existing dwelling, which is proposed a reduction in the side yard and bulkhead setbacks. Location of Property: 4522 Great Peconic Bay Boulevard, Laurel; County Tax Map Parcel No. 1000-128-4-19. At the end of the hearing, the Board took the following action: Page 14 - M±nutes & Resolut±ons October Il, 1995 Regular Neet±rig Southold Town Board o£ Appeals FINDINGS AND DETERMINATION DATE OF ACTION: Ociober 11, 1995 APPL. #4343. APPLICANT: HENRY STEFFENS. LOCATION OF PROPERTY: 4522 Great Peconic Bay Blvd., Laurel. COUNTY TAX MAP DISTRICT 1000, SECTION 128, BLOCK 4, LOT 19. BASIS-OF APPEAL: Notice of' Disapproval issued by the Building Inspector dated 9/!4/95. ,Under Article IIIA, Section 100-30A.3 and Article XXIII, Section !00-239 ~4B ~. respectivelY, proposed construction Will have insufficient total side yard s~tb~cks and Will not have requlred~ 75 ftf setback from a bulkhead." PROVISIONS APPEALED: Art. III & XXIII, Sec. 100-30A.3 & 100~9.39.4B. RELIEF REQUESTED: The August 15, 1995 updated survey map shows a proposed setback at 49.9' from :the outer wood bulkhead, and rnaintalnin'g a similar .nonconforming setback established at the southeast corner of the existing house at 9.3+- feet. The side yard setbacks will be reduced by nine feet to 9.0.8 feet at the westerly side and maintaining the same noncop_formin~: setback of 10.4 ft. au the easterly side. The additions proposed', are for' a 24.65- setback from the 5: r~i.~ed entry To the proposed deck in the rear ~ard. MOTION MADE BY: Lydia Tortora SECONDED BY: James Dinizio, Jr. A©T~ON/RESOLUTION ADOPTED: Approved as applied for. REASONS/FINDINGS: Properw has a narrow width of 73 feet, widening out To 91 ft. ~along the Great Peconic Bay. The parcel is shown to be created by deed ~n or about 1963. The actual buildable area of the property is limited and restricted based upon the location of the one-story frame house which was built prior to 1959 (according zo assessmen~ records). The deck additions are not unreasonable due to the variable contours of the land and the substandard size of the proper~y, and it is not substantial in relation to the requirements. There will be no benefit afforded the applicant if the variance were denied, and a 'grant of the variance as approved will not cause a detriment to surrounding properties regarding environmental or physiciat conditions. {Note: The other addition and new garage proposed as shown on ~he plan are not under the purview of this variance application as written under the Building Inspector's disapproval.) VOTE OF THE BOARD: Ayesi' Serge J. Doyen Jam~s Dinizio, Jr. Robert A. Villa Lydia A. Tortora Gerard P. Goehringer, Chairman This resolution was unanimously adopted. Page ~[5 - Minutes Regular Meeting - October 11, 1995 Southold Town Board of Appeal.~ 9:56 10:02 p.m. Appl. No. 4344 - BERNARD FISHER requesting a variance under Article III, Section 100-32, based upon the September 18, 1995 Notice of Disapproval issued by the Building Inspector, for permission to locate proposed dwelling with reduced side yards on this 2.96+- acre parcel, which parcel contains a nonconforming lot width of 61.78 along New Suffolk Avenue, and slightly wider at the building setback line. Property identification: 520 New Suffolk Avenue, Mattituck; County Parcel No. 1000-114-12-4. Zone: R,80 (abutting R-40 and HB Zones along New Suffolk Avenue). AT the end of the hearing, the Board took the f0Howing action: Page 16 - M±nutes & Resolut£ons October 11, 1995 Regular Meet±rig Southotd Town Board o£ Appeals FINDINGS AND DETERM/NATION DATE OF ACTION:~ October ~11, 1995 APPL. #4345. APPLICANT: BERNARD FISHER (LOUISE EHLERs, OWNER) LOCATION OF PROPERTY: S/s New Suffolk Ave., Mattituek. 1000-114-12-4.~ BASIS OF ,APPEAL: Notice. of Disapproval issued by the Building, Inspector dated September 18, 1995. "Proposed construction will have insufficient side yards. Also lot has insufficient width as required at building or street line .... " PROVISIONS APPEALED FROM: Article III, Section 100-32. RELIEF REQUESTED: Side yards proposed at 11.5 feet and at 15 feet for a total of 26.5 feet for a principal dwelling. Also, lot width at building setback line is approximately 64 feet, and at 81.78 feet at the street Line shown on the Roderick VanTuyl, P.C. survey of September 6, 1995, amended September 12, 1995. MOTION MADE BY: Gerard P. Goehringer, Chairman SECONDED BY: James Dinizio, Jr., Member ACTION / RESOLUTION ADOPTED: Granted as applied. REASONS/FINDINGS: 1. Size of property as a whole conforms at 129,065 sq. ft. including wetland areas. 2. The dwelling is proposed at an elevation 15 or more feet from mean sea level and is subject to receiving County Health Department for the location of septic and water systems, and other approval and!or waivers from the Southold Town Trustees and N.Y.S. Department of Environmental Conservation. 3. All other zoning requirements are proposed to be complied with. 4. This parcel borders an HB Zone District (Handy Pantry retail store) on the west, and is proposed approximately 100 feet, or more, from the nearest residence. ,5. There is no alternative for appellants to pursue other than a variance. ~6. The relief requested is the minimum necessary ~o afford relief from the required 20 and 25 ft. side yards in this R-80 Zone which borders the HB Zone on the west which only requires a 10 ft. side, and borders the R-40 Zone on the east side which requires 15 and 20 sides. VOTE OF THE BOARD: Ayes: Serge J. Doyen, Member James Dinizio, Jr., Member Robert A. Villa, Member Lydia A. Tortora, Member Gerard P. Goehringer, Chairman-Member. This resolution was unanimously adopted. Page 17 - Minutes Regular Meeting - October 11, 1995 Southold Town Board of Appeals PUBLIC HEARING items, continued: The next application was coniinued November 8, 1995 as requested by letter from the applicant and his agent: Appl. No. 4344 -AMAC~ INC. (SUKRU ILGIN) requesting a Variance for relief of Conditions No. 3 and 4 of ZBA Determination rendered March 25, 1992. Property: 7400 Main Road, MaUcituck (Laurel School District); County Parcel No. 1000-122-7-1. · Zone: B-General Business. Motion was made by Chairman Goehringer, seconded by- Member Doyen, ~nd duly carried, to recess the hearing under the Application of Amac, Inc. (Sok~u Ilgin) until November 8, 1995. This resolution was unanimously adopted. (End of public hearings. Meeting agenda continued to Item III, for deliberations and determinations, infra. ) III. REMAINING DELIBERATIONS/DECISIONS: from tonight continued on the fo]lowing pages in the order noted below: Appl. No. 4317 - Appl. No. 4336 - Appl. No. 4341 - EDWIN and DONALD TONYES. PEGGY HELLER JERAD MOTEL CORP. (a/l~/a SUNSET MOTEL) Page 18 - N±nutes & Resolutions Regular *Heet±ng - October 11, 1995 Southold Town Board o£ Appeals FINDINGS AND DETERMINATION Appl. No. 4317. Application of EDWIN and DONALD TONYES. Thi.~ is a request for a Special Exception under Article IX, Section 100-91B, for permission to convert existing building in thi.~ Ha~t-Business (HB) Zone. District. The subject lot with existing house cont.~in-~ a total area of 10,615 sq. ft. and is identified as 1000~62-1-14. The applicants also have an interest in an adjoining tot identified as 1000-62-1-13 containing approximately 10,500 sq. ft. in area which' is being offered in this project to increase the available land' area. Both lots are located on the north side of the Main Road, Southold, and are in the lib Zone District. WHEREAS, public hearings were held on July 12, 1995, ~nd September 13, 1995, at which times any and all persons who desired be heard were heard and their testimony recorded; and WHEREAS, the Board h~s carefully considered all testimony and documentation submitted concerning this application; emd WHEREAS, the Board members have personally viewed and are familiar with the premises in question, .its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. APPLICANTS' REQUEST: This application is a request fo{' approval of one of ~he following uses: (a) two-family dwelling use with retail store, referred to as hA"; (b) three-family dwelling, referred to as "B"; or (c) two separate apartments for rental purposes, referred to aa "C." 2. EXISTING PRINCIPAL USE: The existing buf~ding is shown on the town's records as 1-1/2 story construction, plm~ one story at the rear portion of the building. A Certificate of Nonco~fforming Premises No. Z13809 issued August 31, 1985 indicates that the property is permitted to be used as a one-family dwelling with accessory buildings in what was then zoned "B-1 General Business," bas~d on the July 1985 survey prepared by Peconic Surveyors, P.C. Page 19 -Appl. No. 4317 Matter of EDWIN and DONALD TONYES Decision Rendered October 11, 1995 3. SIZES OF BOTH PARCELS: As part of this application, the applicants are offering the merger of two separately owned parcels, as follows:' (a) the easterly parcel of 60.50' x 183.91 which is improved with a dwelling structure and accessory buildings; (b) the westerly vacnnt parcel which consists of a size of 40' x~ 182+- feet. Both parcels are located in the HB - Hamlet Business Zone District. 4. OCCUPANCY: Inspection by Beard Membeg; shows that there is more than tenant renting an apartment on the pr~.mises. Concerns hsve been ~iged (in wri~g) by one of the tel~ants which will need to be addressed by the owner with the enforcement officer (or building in.~pectors). These letters have been transmitted to the enforcement department since enforcement is not under the jurisdiction of thi.~ Board. 5. CODE PROVISIONS: The code provisions relative to the use requested by applicants are noted as followS: a) Section 100-91B-2 for a lh~ee-family use, 'also referred to as a multiple dwelling; b) Section 100-91B-2 for a two-family use in conjunction with a retail store; c) Section 100-91B-2 for two apartmerits in lieu of a three-family use since a three-family use would require 60,000 sq. ft. of land area; Applicants are offering a second parcel for a double use (two apartment ,,nits). 6. OTHER CODE SECTIONS: Other provisions applicable to the Hamlet Business Zone District are as noted below: a) fei-ail store requirements: Section 100-91B-4 which would permit an apartmer~t over or professional office subject to the ~oliowing ...a. The explicit written approval of the Town Fire Prevention Inspector shall be obtained for the design, location, access and other safety-related etemen~s of every such apartment. No apartment shall be per~r~itted over filling stations, stores re,niilng fl~mmv, ble or fume-producing goods, restatt~ants or other businesses with kitchens or other facilities producing intense heat or any other establishment which the Fire Prevention Inspector determines to pose a greate~than-aver~age bailt-in f'xre risk. ...b. The habitable floor area of each apar{ment shall be at least four hundred fifty (450) square feet, but in no case Page 20 - Appl. No. 4317 Matter of EDWIN and DONALD TONYES Decision Rendered October 11, 1995 more th~n seven h,,ndred fifty (750) square feet. The apartment shnt! not be located on the first floor'of the building, and the apartment shall contain mi services for safe ~nd convenient habitation, meeting the New York State Uniform Fire Prevention and Building Code a~d the Sm nitary Code. ...c. There shall be no more than three (3) apartments created or maintained ill any Single b,,Hding. ' ...d. Each apartment, or common hallway servicing two (2) or *h',~e (3) apartments, shall have a separate access to the outside of t[he building, which must l:~e diS*inet from the access to uses on the first floor. ...e. Each apartment shall have at least one (1) on-site off-street parking space meeting the standar~As of this chapter, conveniently located for access to the apartment. ...f. Only the owner of the building in wb.ich it is proposed to .locate the apartment(s) my apply for this special permit. The Board of Appeals shall require that that such applic'~nt execute such agreement~, contr~acts, easements, covenants, deed restrictions or other legal inmtr~,ments running infavor of the town as, upon recommendation of {he Town Attorney, the Board sh,all determine, to be necessary to. ensure that: (1) The apartment, or any proprietary or other interest therein, will not be sold to the tenant ~or any other party, except as part of a sale of the entire bulidh~g in Which the apartment is located. (2) The apartment' is made available for year-round rental. (3) The apartment is properly constructed, maintained and used, and unapproged :uses are excluded therefrom. (4) ~Any other condition deemed reasonable and aecessary to ensure the immediate and long-term success of the apartment in helping to meet identified housing needs in the community is complied with. 7. STANDARDS: The Board Members have ~'onsidered the all standards for a Special Exception, and i-md that: : A. That the use will not prevent the orde~-Iy and reasonable use of adjacent properties or of properties in adjacent use-di.~tricts Page 21 -Appl. No. 4317 Matter of EDWIN mad DONALD TONYES Decision Rendered October 11, 1995 due to the established uses of mixed business, residential, and varied retail uses in the immerli~te area; B. That the use will not prevent the orderly and reacqonable use of permitted or legally established uses in thc district wherein the proposed use is to be located or of permitted or legally established uses irt adjacent use di.~tricts due to the eStabti.qhed mixed business, residential and retail l{ses in the immediate-area' and the fact that tl/'e zoning code legally provides for *hi.~ use; C. That the safety, health, welfare, c~)mfo:rt, convenience or order of the town w~ not be adversely affected by the proposed use and its location because'~'"~ it is an authorized hamlet use and the property Will become larger when merged with the-adjoining westerly parcel (I000-62-1-13 & 14 combined); D. That the use will be in harmony with and promote the general purposes and intent of this chapter; E. ~That the use will be compatible with its surroundings and with the character of the neighborhood and of £he community in general, par'~icularly with regard to vis~-biiity, scale and over-all appearance; F. That the building in which the proposed use is hereby authorized is readily accessible for fire and police., protection (the fire department is three parcels distant from this property and the building must meet all fire code regulations). In making this determination, the Board Members also considered the following: A. The character of the existing and probable development of uses in the ~;-+--'~ the ,,~s,.Ict and peculiar suitability of such district for the location of any such permitted uses. B. The conservation of property values an~; the encourage- ment of the most appropriate uses of land. C. The effect that the location of the pl~)posed use and the location that entrances and exits m~y have upon the Creation or undue increase of vehicular traffic congestion on public streets, highways or sidewalkm to assure the public 'safety. D. The availability of adequate and proper public or private water supply and facilities for the treatment, remov~ or discharge of sewage, refuse or other effluent (whether liquid, solid, gaseous or otherwise) that may be caused or created by or as a result of the use. Page 22 -Appl. No. 4317 Matter of EDWIN and DONALD TONYES Decision Rendered October 11, 1995 E. Whether the use or the materialg incidental thereto or produced thereby may give off obnoxious gases, odors, smoke or soot. F- Whether the use will cause disturbing emissions of electrical discharges, dust, light, vibration or noise~ G. Whether the operation in pursuance of the use will cause undue interference with the orderly enjoyment by~ tile public of parking or of recreational facilities, if existing or if proposed by the town or by other competent governmental agencies. H. The necessity for bitominous-surfaced space for purposes Of:off-street parking of vehicles incidental to the use -nd whether such space is ~nably adequate and appropriate and can be furnished by the owner of the plot sought to be used within or- adjacent to the plot wherein the use sk~Jl be located. I. Whether a hazard to life, llmb or pr~)perty because of fire, flood, erosion or panic may be created by rcason o£ or as a result of the use or by the structures to be used therefore or by the inaccessibility ·of the property or structures ~.hereon for the convenient entry ~nd operation of fire and other emergency apparatus or by the undue concentration or assemblage of persons upon sunh plOt. J. Whether the use or the structures to be used therefore will cause ~n overcrewding of land or undue concentration of population. K. Whether the plot area is sufficient, appropriate and adequate for the use and the reasonably anticipa{~.d ~)pe~a~tioh and exp~n.~ion thereof. L. Whether the use to be operated is unreusonably near to a church, school, theater, recreational area or other place of public assembly. ~ M. Whether the site of the proposed use is particularly suitable for such use. N. Whether adequate buffer yards and screening can and will be provided to protect adjacen't properties a~d land uses from possible detrimental impacts of the proposed use. O. Whether adequaie provision can and wJtl be made for the collection and disposal of stormwater runoff, sewage, refuse ~nd other Liquid, solid or gaseous waste which the proposed use ,~iit generate. P. Whether the uatural char~acteristics of [he site are such that the proposed use may be introduced there: without undue disturbance or disruption of important natural fee[ares, systems or Page 23 - Appl. No. 4317 Matter of EDWIN and DONALD TONYES Decision Rendered October 11, 1995 processes and without risk of pollution to groundwater and surface waters on and off the site. 9. DENIAL OF PLANS A AND B: The Board de~cermines further that the applicants' two remaining requests for multiple uses by Special Exception is hereby denied for ®abe follow'nE reasons: a) the land area requirement for each Unit is 20,000 per use, or 60,000 sq- ft. - this project does not meet this requirement at 19,500+- sq. ft. of total land area (even wkile merging .both:parcels into one lot); and b) a building c~)nstruction plan of the proposed layout, of the building certified by an engineer as required by the State FL~e and building codes has not been submitted for coordination and further consideration; c) new entrances to the building, new driveway and other site plan elements have not been submitted for consideration, and coordination has not been made possible with the Town Planning Board who also would appear to have jurisdiction for multiple-use applications for site plan approval. 10. The second part of this r~quest is for an area variance relevant to the size of the property at 21,430 sq. ['t. which is Iess than the code requirement of 80,000 sq. ft. of land area for a two-family dwelling (ref. Zoning Code Bulk Schedule i. In considering the variance application pertaining to the nonconformities of the lot which has ex~.qted for more than 40 years (including tot size and other nonconforming setback.q of the principal building), the Board also finds and determines: (a) lhnt the essential character of the ne:{ghborhood will be not altered by the ~o3ya, nt of the relief requested since this property is substantially larger (double) than the properties in the neighborhood with single uses; (b) that the relief as requested is the minimum necessary afford relief to the applicants; (c) the difficulties claimed do not violate the permitted lot size or setback schedules of the Code pertaining to improved, p~xisiing nonconforming lots; (d) that there is no alternative which is feasible for appel]ant to pursue other than this variance since there is no other l~d area available; Page 24- Appl. No. 4317 Matter Of EDWIN and DONALD TONYES Decision Rendered October 11, 1995 (e) that the use proposed for two separate apartments within a single building, with a Udouble" lot (the property is double the size of lots generally e~risting in the neighborhood and the cha,~acter will continue to be residential); (f) in considering all of the above' factors, the interests of justice will be served by granting a Special Exception for two apartments in a .qingle building, as conditionnlly noted below. Accordingly, on motion by Cbai,man Goehringer, seconded by Member Tortora, it was RESOLVED, that Plans A and B are hereby DENIED for the reasons noted above, and BE IT FURTHER RESOLVED, that alternatively (as agreed by appIicants), Plan C for two apartments* within a single building, be and hereby is GRANTED a Special Exception, SUBJECT TO THE FOLLOWING CONDITIONS: 1. Applicants shall furnish to the Office of thc Board of Appe~ls (for acceptance) a copy of a fully signed and recorded deed des. crx~bing both parcels, identified as 1000-62-1-13 and 14 as a single lot prior to obtai'nln~ a .building permit frem the building department and prior to obtalnin~ a certificate- of occupancy for the. (pt-oposed) two apartments; 2. There shall be no habitable floor area ~md no business activities in the subterranean area (basement or lower area); 3. The detached garage must remain accessory and incidental to one of the apartments and is not permitted to be used for separate rental purposes; 4. :That the Building Inspector is hereby asked to inspect thb ' conditions of the shingles on the easterly side to be brought to code (replaced) as determined by him to be proper; 5. That the two apartments conditionally approved shall be subject to the '9/22/95 building inspector's letter 0£ compliance and Joseph Fischetti's engineer report, as well as alt other applicable codes and regulations; 6. That the two apartments conditionally approw;d herein shall be located properly above grade (not as a basement apartment area) as reql,i~ed by codes. *Apartments defined as separate housekeeping or resicenHai units. Page 25 - M±nutes & Resoiut±ons October Il, 1995 ReguIar Meet±rig Southotd Town ZBA ACTION OF T~IE BOARD OF APPEALS DATE OF ACTION: October 11~ 1995 APPL. #4336. APPLICANT: PEGGY HELLER (or NANCY DOUGLASS). LOCATION OF PROPERTY: 1145 Majors Pond Road, Orient. COUNTY TAX MAP DISTRICT t000, SECTION 26, BLOCK 2, LOT 39.1. BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector dated 9/14/95. "Insufficient front yard setback as, set forth in the ~onlng Code ... 100-30A.3." PROVISIONS APPEALED FROM: Article III, Section 100-30A.3. RELIEF REQUESTED: The June 29, 1995 updated survey map shows a proposed setback at 43' from the edge of the step (stoop) to the westerly front property line, and 47+- feet to the edge of the asphalt pavement wiihin the roadway. The d~.~tance between the outside wall of the outside on the westerly yard to the property line is shown to be 55+- feet at the closest point. The setback from the southerly side property line is shown at 82+- feet, and from the northerly side property 231+- feet. MOTION MADE BY: James Dinizio, Jr. SECONDED BY: Serge J. Doyen ACTION/RESOLUTION ADOPTED: Approved as applied for. REASONS/FINDINGS: Property is a wide but na,'row lot due to the wetlands from the pond area and general variable contours in this FEMA zone. The house is proposed to be located in the FEMA C Zone area to miiigate flooding possibilities 'as recommended by the other agencies (including the Suffolk County Health Department under HS Ref. No. R10950049, NYS Department of Environmental Conservation conditional permit No. 1-4738-01114-/00001-0, Town Trustees. The relief requested is not substanfia! in relation to the requirement. There will be no benefit afforded the applicant ff the variance were denied, and a grant of the variance as approved will hot cause a detriment to surrounding properties rogarding environmental or physicial conditions. VOTE OF THE BOARD: Ayes: Serge J. Doyen, Member James Dini~.io, Jr., Member Robert A. Villa, Member Lydia A. Tortora, Member Gerard P. Goehringer, Ch~irm~n-Member This resolution was unanimously adopted. Page 26 - M~nutes & Resoiut±ons October Il, 1995 ReguIar Mee~±ng Southold Town ZBA FINDINGS AND DETERMINATION Appl. No. 4341: ? Matter of the Application of JERa~D MOTEL. CORP. SUNSET MOTEl..) requesting a Variance under ArticIe XXIV, Section 100-243A & B, based upon the September ?, 1995 Notice of Disapproval issued by the BuJ]cling Inspector, for permi~sion .to reestablish preexisting nonconforming efficiency apartments use m the e~i~ting footPrint of this pree..x~sting nonconforming building, portions of which were. recently damaged, by fire. The property contnln.~ a nonconforming lot size of less than five acres and is located in the RR Resort-Residential Zone, Property location: 62005 C.R. 48, Greenport, NY; County .Tax Map Parcel No. 1000-40-1-1. WHEREAS, after due notice, a public hearing was held on October 1~[~, 1995, and at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony ~ncl' docnmentation submitted concer~ing *his application; and WHEREAS, Board Members have personally vleW~ed and a~re famitia~ with the premises in question, its present zon,ng, and the surreundln g -areas; and WHEREAS, the Board made the following findings of fact: 1. This written application is a request based upon the September 7, 1995 Notice of Disapproval issued by the Building Inspector. The application made to the Building Inspector was dated August 22, 1998 and was a request to "rebuild motel and efficiency apartment units damaged by fire? The reason for the disapproval by the Building ~Inspector is written as follows: ~Under Article XXIV, Sec~on 100-243~-~ and , proposed construction doeSnLt meet the t~equirement of *h{m Section- ACtion required by the Zoning Board of Appeals.~ Action also ~required by the Town planning Borad and other applicable agencies-~ Page 27 Appeal No. 4341 Application of JERAD MOTEL]SUNSET MOTEL Decision Rendered October 11, 1995 2. The premises is identified as County Tax Map Parcel No. 1000-40-1-1 ~nd is located in the RR Resort-Residential Zone District. Formerly, the premises was zoned M-1 Multiple Dwelling (between 1971 and 1989), and prior to 1971, the premimes was 'M~ Multiple Dwelling~ It is apparent from the. records that the motel complex with housekeeping units were built at different ~imes in conformity with the zoning code in effect prior to 1970, at which time "multiple dwellings designed for and oecupie~..~ b.y not, ~o.x~e t.~2 fou~ f~rnilies W~S permitted~ ~U'th or without ~ motel use (reL ~ Town Zoni~ Code~ Section ~50. Article III-A~ subsections 2 ~nd 3). 3. Reference is ~lmo hereby made to the following asps: a) Survey dated December 28, 1977, amended Jan. 6, 1978 prepared by Roderick VanTuyl, P.C. showing the buildino~Z~ mad site elements existing at that ~me. b) Survey updated July 26, 1998 shoving the e~miing building, the proposed in k~nd replacement of a two-story frame bujJding which Wa~ destroyed (mos{ly by'fire), and showing the location of the cesspool anc~ leeching poois~ docks, coastal hazard erosion line, two-foot contour elevations, entrance, .mad other specific detnilm. c) The construction diagram of the subject two-story building is u~adated, was prepared by Robert J. Gruber as #95035, Drawings No. 1, 2 mad 3 thereof. 4. The setbacks of the proposed (and former) location of the subject two-story building are confirmed at 49+- feet from the westerly side property line, at 134+- feet from the southerly front property llne (near the North Road), and at 228 feet from the coastal erosion hazard line. The top of the bluff is di.~tmnt more than 228 feet from the proposed building relocation. 5. The units referred to as "efficiency ,mits~ are described as housekeeping units or ~,nits which contain cooking facilities. The efficiency units are smaller in size than a normal dwelling unit of 850 sq. ft. The number of efficiency ,,nits in the building which is the subject of *him application is four, the remaining units being motel nnits. 6. Section 100-241 of the Zoning Code provides as follows: nNonconforming Uses. Except as provided hereinafter, nonconforming use of buddings or open ]and existing ...on the effective date of *him chapter or authorized by a building permit issued prior thereto, regardless of change of title, possession or occupancy or right Page 28 - Appeal No. 4341 Application of JERAD MOTEL]SUNSET MOTEL Decision Rendered October 11, 1995 thereof, may be continued indefinitely, except that such building or use: A. Shat1 not be enlarged, altered, extended, reconstructed or restored..., nor Shall any external evidence of such use be increased by any me~n.~ Whatso- ever. " 7. Section 100-243 of the Zoning Code provides that: . .. A. A nonconforming building containing a nonconforming use shall not be enlarged, re~onstructod or structurally altered . .. unless the use of such building is changed to.a conforming use. 8. One of the req~,irements or areas to be resolved concerning established nonconforming uses is the question of whether a combination of buildings functions as a "single, integrated, nonconforming use." This requLvement :must be resolved by the building inspector after a '.factual evidentiary presentation by the owner. In this project, the presentation~ was not subm~tte.d (or requested) and in.~tead was referred to the Board of Appeals m the form of a di.~approval. 9. In reviewing court decisions concerning nonconforming uses, it is the opinion of this Board that the hi.qt0ry ~nd back_p-round of the ownership and use of the two distinct motel-apartment buildings confirm that the buildings are "functionally interdependent" for purposes of applying the over-50% formnla restriction of the ordinance. The buildings have been operated as a single unit for over 30 years. As stated in the Matter of Bobandal Realties v. Worthin~%on, 21 AD 2nd 784, affd without opn 15 NY 2d 788, that analysis was ceIltered on making a computation as to what percentage of the property was damaged by fire, *~ki~g into consideration all structures and buildings on the property which are devoted to the single, integrated,~, nonconforming use. The form,~lstion of "functional interdependence," ~rather than economic interdependence or nature of the use is placed in reasonable balance with the owners' interest in-not having a property investment abruptly altered or terminated. (Also, see~ Krul w Board of Adj. 1212 NJ Super 18,~ 26, 298 A2d 308, 312, affd 126 NJ SUPer 150, 313 A2d 220; State ex tel. CoveI)ant Harbor Bible Camp v. Steinke, 7 Wisc 2d 275, 96 NW 2d 356, 361-362.) 10. In thi~ project, the record clearly shows there has always been a functional connection or interdependen~se between the builrHngs on thi~ lot. It has also been proven that the percentage of damage in relation to the entire property is less than 50% of its value. The Town's assessment records and person~! knowledge of: board Page 29 - Appeal No. 4341 Application of JERAD MOTEL/SUNSET MOTEL Decision Rendered October 11, 1995 ~l~o never been tony question of the former nonconf~jrming use as a legal use, nor is there any question as to the estab{ished con{~nued legal conforming use at the property. The prope~'ty is and has always been on one tax lot, under single ownership, ~md operated as a single complex. ACCORDINGLY, it is hereby DETERMINED, on motion ~ made by Member. Tortora, seconded by Member Dinizio, to RE~fERSE the 9/7/95 determination 'of the Building Inspector concermng the 8/22/95 application of JERAD MOTET, CORP: for a building permit to rebuild in kind ~and p'lace motel building witk efficiency u~fits damaged by fire, '62005 RoUte 48, Greenport, County Tax Map No.' 1000-40-1-1 for the above reasons. Vote of the Board: Ayes: Members Doyen, Goehringer, Dinizio, Tortora, and Villa. This resolution was unanimously adopted. Page 30 - M~nutes Regular Meeting - October 11, 1995 Southold Town Board of Appeals IV. OTHER NEW APPLICATIONS WERE REVIEWED and ACTION taken as noted below: A. Appl. No. 4337 - LAWRENCE HUKE. E/s Westphalia Road and S/s Private Road, Mattituck. Board Member(s) confirmed site inspection and review of incomplete application furnished to board members. 2. Board Members are sill1 awaiting the foHowlng informatiOn from applicant requested by former ZBA Resolution: a) await County Health Department status and recom- mendations for location of a house, cesspool ~nd water well systems from the NYS Department of Environmental Conservation, and (b) Await accurate, complete search prepared by a licensed title insurance company to address histol~r of ownership of private road to the north of subject lot and additionally insure the Town of Southold in the amount of $25,000 for a detero,ination on the lot creation. B. RESOLUTION: Motion was made by Chairman Goehriuger, seconded by Member Dinizio, and duly carried, to ADVERTISE the following applications for public hearings to be held on WEDNESDAY, NOVEMBER 8, 1995: 7:32 p.m. Appl. No. 4347 - DORIS KERR BROWN. Thi.~ is a request, based upon the October 11, 1995 Notice of Disapproval issued by the Building Inspector, in which applicant applied for a building permit to relocate an existing dwelling, and which application was disapproved on the following grounds: "Under Article XXIII, Section 100-239.4.A(1) (portion of) proposed relocation is less than 100 feet from the Long Is]nnd Sound bluff." Property Location: 3400 Private Road ~12 off the north side of' Bergen Avenue, Mattituck, NY; Parcel ID No. 1000-112-1-17. 7:35 p.m. Appl. No. 4346 - REGINALD MINOR. This application is based upon the October 3, 1995 Notice of Disapproval issued by the Building Inspector, wherein applicant is requesting a building permit for an accessory inground swimming-pool, and which application was disapproved on the following grounds: "Under Article III_A, Section 100-30A.4 proposed construction sh~ll be installed in the required rear yard. Under Article XXIII, Section 100-231, fences in residential zones shall not exceed four feet in height in a [font yard. Under Section 45-8 a building permit is required before a fence c~n be installed or replaced." Location of Property: 360 Private Read 11 (Stephenson Road) Orient; Parcel No. 1000-17-1-12. Page 3 I - Minutes Regular Meeting - October 11, 1995 Southold Town Board of Appeals (Resolution Hearings for Nov. 8th, continued:) 7:40 p.m. Appl. No. 4340 - J. GRILI.O. (Recessed from October 11, 1995). Variance for fence height location commencing near Peconic Bay Boulevard and running to the south along the westerly side of 'right-of-way known as Mesrobinn Drive, Laurel, NY. 1000-145-4-12.1. 7:50 p.m. App!. No. 4348 MR. AND MRS. THEODORE PETIKAS. Thi.g is a request for a variance under Article XXtX, Section 100-239.4, based upon the October 17, 1995 Notice of Disapproval issued by the Building Inspector wherein applicants are requesiing a building permit for a 6 ft. wide deck entry from the easterly 'side of the dwelling to a prOPosed raised deck area within 100 feet of the low bnnk of the Long Island Sound. Property location: 52755 Soundview Avenue, Southold; County Tax Map Parcel No. 1000-135-1-27. 8:00 p.m. (Recessed from October 11, 1995) Appl. No. 4344 - AMAC, INC. (SUKRU ILGIN) requesting a Variance for relief of Conditions 3 nnd 4 of ZBA Determination rendered March 25, 1992 under Appl. No. 4074 which Conditions read as follow: "...3. There shall be only one entrance for the convenience store area, that being located only at the east side of the existing building; and 4. There shah be no entrance way between the gasoline sales area of the building to the convenience store area... " Property is established as a gasoline service station with accessory convenience sales at: 7400 Main Road, Mattituck (Laurel School District); Parcel ~1000-122~7-1. B-General Business Zone District. 8:10 p.m. Appl. No. 4349 - PHILIP LAGRECA. Thi.g is a request, based upon the October 13, I995 and October 26, 1995 Notices of Disapproval issued by the Building Inspector, in which applicant applied for a building permit to ~d ar deck ~ e.~is~_ng dwelllng, and received a building permit to add an extension at the rear of dwelling. Under Article II/, S&ction' 100-32, variances are requested for a reduction in the rear yard setback at 465 Hyatt (private) Road, Southold, NY; County Tax Map Parcel No. 1000-54-01-11. 8:20 p.m. AppY- No. 4350 THOMAS McCARTHY. This is an appeal for an Interpretation based upon a Stop Work Order issued on t0/18/95 by the Building Jn.gpector suspending aH work for the reason that construction fails to comply with Article XXIV, Section 100-242A and B-1 of the Zoning Code which at sub-section B-1 provides that "...A nonconforming building containing a conforming use which has been damaged by fire or other causes to the extent of more than fifty percent (50%) of its fair value shall not be repaired or rebuilt unless such building is made substantially to conform to the height Page 3 2 - Minutes Regular Meeting - October 11, 1995 Southold Town Board of Appeals (Resolution - ttearings for Nov. 8th, continued:) and yard requirements of the Bulk Schedule." Location of Property: 375 King Street, New Suffolk; Cottuty Tax Map Parcel No. 1000-117-7-8-3. 8:35 p.m. Appl. No. 3451 - EDWARD AND JEAN ZUI{OSKI. This~is a Variance requesting relief under Article XXIV', Section 100-244B for permission to const~'~ct-an~ extensio~ of ex~.tin~g_ ~r~. ~orWm~ul~ be located with a reduced front yard setback on u~as ~oncoI~, ~ lot (substandard lot area snd width)- Location of Property: 18250 County Road 48, Cutchogue; County Tax Map Parcel No. 1000;96-4-1;1. This resolution was unanimously adopted. VI. The following OTHER UPDATES and REMINDERS were confirmed: Next ZBA Meeting: Wednesday, October llth. Code Review Session: None as yet. Planning & Zoning Session: None since Sept. 7th, as yet. ZBA Budget ]996. The Ch.~irman confirmed the new proposal for 1996 that he is requesting. VII. Permit booker. Minor changes were added and noted by the ZBA staff, and referred to the Supervisor's Office. At the last ZBA Meeting, Member Tortora indicated that she found sev..e_ral mi?re_prese.ntati~on~. (errors) within each area of jurisdictiou and would hke each cieparunen~ To prepare its own synopsis. Both the Board Secretary and Member Tortora with the Chairman indicated they would like to see actual references to "provisions of law" and removal of some of the present wording. VIII. Article 78 proceeding. Board Members all received copies of Justice Cohalan's decision with regarding to the Ammi~ati proceeding. The ~udge found in favor of the Town and dismissed Ammirati's petition against the ZBA. The Chairman declared the meeting adjourned at 1~:55 p.m. . Respectfully submitted, /~ Linda ~. ~K~walski  e~r~~ v Confidential Secretary to ZBA Ap ed for filin§ Page 3 2 Minutes Regular Meeting - October 11, 1995 Southold Town Board of Appeals (Resolution - Hearings for Nov. 8th, continued:) and yard requirements of the Bulk Schedule." Location of Property: 375 King Street, New Suffolk; Countsr Tax Map Parcel No. 1000-117-7-8.3. 8: 35 p.m. Appl. No. 3451 EDWARD AND JEAN ZUHOSKI. This is a Variance requesting relief under Article XXIV, Section 100-244B for permission to construct an extension of existing carport which would be located with a reduced front yard setback on this nonconfor,-ing lot (substandard lot area and width). Location of Property: 18250 County Road 48, Cutchogue; County Tax Map Parcel No. 1000-96-4-1.1. This resolution was unanimously adopted. VI. The following OTHER UPDATES and REMINDERS were confirmed: Next ZBA Meel~ng: Wednesday, October llth. Code Review Session: None as yet. Planning & Zoning Session: None since Sept. 7th, as yet. ZBA Budget 1996. The Chairm~n confirmed the new proposal for 1996 that he is requesting. VII. Permit booket. Minor changes were added and noted by the ZBA staff, and referred to the Supervisor's Office. At the last ZBA MeeHng, Member Tortora indicated that she found several misrepresentations (errors) within each area of jurisdiction and would h-ke each department to prepare its own synopsis. Both the Board Secretary and Member Tortora with the Chairman indicated they wouId like to see actual references to "provisions of law" ~nd removal of some of the present wording. VIII. Article 78 Proceeding. Board Members .1! received copies of Justice.~ Cohalan's decision with regarding to the Ammlrati proceeding. The Judge found in favor of the Town and dismissed Ammi~ati's petition ag~in.~t the ZBA. The' Chairman declared the meeting adjourned at 11:55 p.m. //'.~_App~/~O~ved for filing // /.. / Respectfully submitted, F. Kow~l.~ki Confidential Secretary to ZBA RECEIVED AND FILED BY THE SOUTI~_IOLD TO%VN CLE. RI~ Town Clerk, To~n o*~ Sou~loid