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Home My WebLink About1000-40.-1-1PLANNING BOARD MEMBERS RICHARD G. WARD GEORGE RITCHIE LATttAM, JR. BENNETT ORLOWSKI, JR. WILLIAM J. CREMERS KENNETH L. EDWARDS Town Hall, 53095 Main Rond P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 7654938 PLANNING BOARD OFFICE TOWN OF SOUTttOLD [O: Thomas Fisher, Serlior Building Inspector FROM: Richard G. Ward, Chairman ~1'~/_x RE: Sunset Motel Route 25, Southold SCIM# 1000-40-I-I DATE: October 31, 1995 The Planulng Board waives the site plan application on l:be above referenced project, lbe applicant bas shown underground dry wells for the roof drainage o. the plan For the building to replace the u. it destroyed by fire. Suffolk Environmental Consulting, Inc. Newman Village, Main Street, P.O. Box 2003, Bridgehampton, New York 11932-2003 (516) 537-5160 Fax: (516) 537-5198 Bruce Anderson, M.S., President October 25, 1995 Richard Ward, Chairman Southold Planning Board Town Hall P. O. Box 1179 Southold, NY 11971 Re~ Jerad Motel Corp. (Sunset Motel) Situate: 62005 Rt. 48, Town of Southold SCTM # 1000-40-1-1 Dear Mr. Ward, As you know, a request for Site Plan Waiver was submitted to your Board on September 11, 1995 for the above referenced project. Thereafter, on September 18, 1995, your Board agreed to grant the requested Site Plan Waiver provided that the Southold Zoning Board rendered a favorable decision for the in-kind, in-place reconstruction of the motel building lost by fire and further provided that drywells were added to the survey to capture and recharge stormwater runoff generated form the building. Enclosed herewith for your review, please find the following materials: (1) Copy of the Zoning Board Determination dated October ! 1, 1995 reversing the prior Building Inspector's Notice of Disapproval dated September 7, 1995; and (2) Two stamped surveys prepared by Roderick Van Tuyl last revised October 25, 1995 showing two proposed drywells to capture and recharge stormwater runoff. By way of this correspondence, I again request that the Planning Board grant a Site Plan Waiver for this project. Please do not hesitate to contact this office should you have further questions regarding this matter. Thank you in advance for your cooperation. Bruce A. Anderson !iCl S0[i flt0LO TOWN APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Lydia A. Tortora Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS AND DETERMINATION Appl. No. 4341: Matter of the Application of JERAD MOTEL CORP. (a/k/a SUNSET MOTEL) requesting a Variance under Article XXIV, Section 100-243A & B, based upon the September 7, 1995 Notice of Disapproval issued by the Building Inspector, for permission 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 eontalns 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. WlIEREAS, after due notice, a public hearing was held on September 13, 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 and documentation submitted concerning this application; aiJd WHEREAS, Board Members have personally viewed and are familinr with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the foliowlng 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, 1995 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, Section 100-243A and B, proposed construction doesn't meet the reqttirement of this Section. Action required by the Zoning Board of Appeals. Action also required by the Town Planning Bored and other applicable agencies." Page 2 - 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 and 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 premises was nM~ Multiple Dwelling. It is apparent from the records that the motel complex with housekeeping units were built at different times in corfformity with the zoning code in effect prior to 1970, at which time ~*multiple dwellings designed for and occupied by not more than four families was permitted~ with or without a motel use (ref. 1957 Town Zoning Code, Section 350, Article III-A, subsections 2 and 3). 3. Reference is also hereby made to the following maps: a) Survey dated December 28, 1977, amended Jan. 6, 1978 prepared by Roderick VanTuyl, P.C. showing the buildings and site elements existing at that time. b) Survey updated July 26, 1995 showing the existing builclings, the proposed in kind replacement of a two-story frame building which was destroyed (mostly by fire), and showing the location of the cesspool and leeching pools, docks, coastal hazard erosion line~, two-foot contour elevations, entrance, and other specific details. c) The construction diaowram of the building is undated, was prepared by Robert J. Drawings No. 1, 2 and 3 thereof. subject two-story Gruber as #95035, 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 line (near the North Road), and at 228 feet from the coastal erosion hazard line. The top of the bluff is distant more th~n 228 feet from the proposed, building relocation. 5. The units referred to as "efficiency unitsn are described as housekeeping units or units which contain cooking facilities. The efficiency units are smaller in size th~n a normal dwelling unit of 850 sq. ft. The number of efficiency units in the building which is the subject of this application is four, the remaining units being motel units. 6. Section 100-241 of the Zoning Code provides as follows: "Nonconforming Uses. Except as provided hereinafter, nonconforming use of buildings or open land existing ...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 Page 3 - 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. Shall not be enlarged, altered, extended, reconstructed or restored..., nor shall any external evidence of such use be increased by any means whatso- ever .... " 7. Section 100-243 of the Zoning Code provides that: ... A. A nonconforming building containing a nonconforming use shall not be enlarged, reconstructed or structurally altered ... unless the use of such building is changed to a conforming use. 8. One of the requirements 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 requirement must be resolved by the builcllng inspector after a factual evidentiary presentation by the owner. In this project, the presentation was not .submitted (or requested) and instead was referred to the Board of Appeals in the form of a di.~approval. 9. In reviewing court decisions concerning nonconforming uses, it is the opinion of this Board that the history and background of the ownership and use of the two distinct motel-apartment buildings confirm that the builrlln~s are ~functionally interdependent" for purposes of applying the over-50% formula 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. Igorthin~ton~ 21 AD 2nd 784, affd without opn 15 NY 2d 788, that analysis was centered on mgking a computation as to what percentage of the property was damaged by fire, taking into consideration all structures and buildings on the property which are devoted to the single, integrated, nonconforming use. The formulation 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 v. Beard of Adj. 1212 NJ Super 18, 26, 298 A2d 308, 312, affd 126 NJ Super 150, 313 A2d 220; State ex rel. Covenant Harbor Bible Camp v. Stelnlre~ 7 Wise 2d 275, 96 NW 2d 356, 361-362.) ~ , 10. In this project, the record clearly shows there has always been a functional connection or interdependence between the b~lildlngs on this 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 personal knowledge of board Page 4 - Appeal No. 4341 Application of JERAD MOTEL/SUNSET MOTEL Decision Rendered October 11, 1995 also never been any question of the former nonconforming use as a. legal use, nor is there any question as to the established continued legal conforming use at the property. The property is and ba.~ 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 Tortors, seconded by Member Dinizio, to REVI;RSE the-917/95 determination of the Building Inspector concerning the 8~22~95 application of JERAD MOTEL CORP. for a building permit to rebuild in kind and place motel building with efficiency units dama~-~d 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, Goehringar, Dinizio, Tortora, and Villa. This resolution was unanimously adopted. JGERARD P. GOEHRINGE/C, CHAI~.AN PLANNING BOARD MEMBER~ RICHARD G. WARD Chairman GEORGE RITCHIE LATHAM, JR. BENNETT ORLOWSKI, JR. WILLIAM J. CREMERS KENNETH L. EDWARDS Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: FROM: SUBJECT: DATE: Thomas Fisher, Senior Building Inspector Robert G. Kassner, Site Plan Reviewer/~ Jerad Motel Corp. a/k/a Sunset Motel Main Road, Arshmomaque SCTMg 1000-0~0-1-1 October 24, 1995 The Planning Board has granted a waiver of site plan requirements for the above project. It is our understanding that the building, destroyed by fire, will be replaced in the same foot print. The Board recommends that the roof drainage be discharged into underground basins. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Lydia A. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD October 19, 1995 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Mr. Bruce Anderson Suffolk Environmental Consulting, Inc. P.O. Box 2003 Bridgehampton, NY 11932-2003 Re: Appl. No. 4341 - Jerad Motel Corp. (Sunset Motel) Dear Mr. Anderson: Please find attached for your permanent records a copy of the Findings and Determination rendered by the Beard of Appeals in the above matter. Copies have been forwarded to the Offices of the Building Department and Planning Beard for their update and recordkeeping. You should be aware that since this project is located on a county highway and the Long Island Sound, the Suffolk County Department of Planning is expected to review the town file and determine whether or not county action will be necessary under the Adminl-qtrative Code of Suffolk County. It is expected that the county will either decide it does not have jurisdiction or refer the matter back to the Beard of Appeals concerning the town's action (rather than taking independent action for a county disapproval or approval). No further steps are required on your part since our office is required to send a copy of the ZBA file to the Hauppauge office directly. Please be sure to follow up with the Building Department, the Health Department, or any other agency which may have jurisdiction. Very truly yours, Enclosurs Linda Kowalaki cc: Sr. Building Inspector (Tom Fisher) . /. -¢Members and Staff - Town Beard~./ Planning Suffolk County Planning Commission ZBA Board Members APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Lydia A. Tortora Southold Town Halt 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS AND DETERMINATION Appl. No. 4341: Matter of the Application of JERAD MOTEL CORP. (a/k/a SUNSET MOTEL) requesting a Variance under Article XXlV, Section 100-243A & B, based upon the September 7, 1995 Notice of Disapproval issued by the Building Inspector, for. permission to reestablish preexisting nonconforming efficiency apartments use in the existing footprint of thi.q preexisting nonconforming buildlng, portions of which were recently damaged by fire. The property contain.q 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 September 13, 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 alt testimony and documentation submitted concerning this application; and WHEREAS, Board Members have personally familiar with the premises in question, its present surrounding areas; and viewed and are zoning, and the 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, 1995 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, Section 100-243A and B, proposed construe[ion doesn't meet the requirement of this Section. Action required by the Zoning Board of Appeals. Action also required by the Tow~ Planning Borad and other applicable agencies." Page 2 - 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 and 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 premises was "M" Multiple Dwelling. It is apparent from the records that the motel complex with housekeeping units were built at different times in conformity with the zoning code in effect prior to 1970, at which time "multiple dwellings designed for and occupied by not more than four fsmilies was permitted" with or without a motel use (ref. 1957 Town Zoning Code, Section 350, Article III-A, subsections 2 and 3). 3. Reference is also hereby made to the following maps: a) Survey dated December 28, 1977, amended Jan. 6, 1978 prepared by Roderick VanTuyl, P.C. showing the buildings and site elements existing at that time. b) Survey updated July 26, 1995 showing the existing buildings, the proposed in kind replacement of a two-story frame building which was destroyed (mostly by fire), and showing the location of the cesspool and leeching pools, docks, ~oastal hazard erosion line, two-foot contour elevations, entrance, and other specific details. c) The construction diagram of the building is undated, was prepared by Robert J. Drawings No. 1, 2 and 3 thereof. subject two-story Gruber as #95035, 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 line (near the North Read), and at 228 feet from the coastal erosion hazard line. The top of the bluff is distant more than 228 feet from the proposed building relocation. 5. The units referred to as "efficiency units" are described as housekeeping units or units which contain cooking facilities. The efficiency units are smaller in size than a normal dwelling unit of 850 sq. ft. The number of efficiency units in the building which is the subject of this application is four, the renmining units being motel ,,nits. 6. Section 100-241 of the Zoning Code provides as follows: "Nonconforming Uses. Except as provided hereinafter, nonconforming use of buildings or open land existing ...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 Page 3 - 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. Shall not be enlarged, altered, extended, reconstructed or restored..., nor shah any external evidence of such use be increased by any means whatso- ever .... ~t 7. Section 100-243 of the Zoning Code provides that: ... A. A nonconforming building containing a nonconforming use shall not be enlarged, reconstructed or structurally altered ... unless the use of such building is changed to a conforming use. 8. One of the requirements or areas to be resolved concerning established nonconforming uses is the question of whether a combination of buildings functions as a nsingle, integl~ted, nonconforming use." This requirement must be resolved by the buliding inspector after a factual evidentiary presentation by the owner. In thi~ project, the presentation was not .submitted (or requested) and instead was referred to the Board of Appeals in the form of a disapproval. 9. In reviewing court decisions concerning nonconforming uses, it is the opinion of this Board that the hi.~tory and background of the ownership and use of the two distinct motel-apartment buildings confirm that the buJldlnge are "functionally interdependent" for purposes of applying the over-50% formula 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. Worthington: 21 AD 2nd 784, affd without opn 15 NY 2d 788, that analysis was centered on m~king a computation as to what percentage of the property was damaged by fire, taking into consideration all structures and buiJdings on the property which are devoted to the single, integrated, nonconforming use. The formulation of "functional interdependence," rather th~n 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 v. Board of Adj. 1212 NJ Super 18, 26, 298 A2d 308, 312, affd 126 NJ Super 150, 313 A2d 220; State ex vel. Covenant Harbor Bible Camp v. Steinke~ 7 Wise 2d 275, 96 NW 2d 356, 361-362. ) 10. In this project, the record clearly shows there has always been a functional connection or interdependence between the buildings on this 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 personal knowledge of board Page 4 - Appeal No. 4341 Application of JERAD MOTEL/SUNSET MOTEL Decision Rendered October 11, 1995 also never been any question of the former nonconforming use as a. legal use, nor is there any question as to the established continued legal conforming use at the property. The property is and always been on one tax lot, under single ownership, and operated as a single complex. ACCORDINGLY, it is hereby DETERMINED, on motion made by Member -Tortora, seconded by Member Dinizio, to REVRRSE the 9]7]95 determination of the Building Inspector concerning the 8/22/95 application of JERAD MOTEL CORP. for a building permit to rebuild in kind and place motel building with efficiency units 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, Dinlzio, Tortora, and Villn. Thi~ resoiution was ananimously adopted. /-~--/GERARD r. GOE-I~ER', CHAIRb~N PLANNING BOARD MEMBERS Richard G. Wa~d, Chairman George Ritch[e Latham, Jr. Bennett Odowski, Jr. Mark S. McDonald Kenneth L. Edwards Town Hall, 53095 Main Road P. O. Box 1179 Southo~l, NewYork 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: From: Re: Date: Gerard P. Goehringer, Chairman, Board of Appeals Richard G. Ward, Chairman Appl. No. 4344- AMAC, Inc. (Sukru Ilgin) Appl. No. 4341 - Jered Motel Corp. (a.k.a. Sunset Motel) October 11, 1995 The Planning Board would like to comment on the above applications as follows: Appl. No. 4344- Sukru Ilgin - The Board agrees with the Zoning Board's original determination that there shall be no entrance way between the gasoline sales area of the building to the convenience store area. Parking is sufficient in the front area to accommodate patrons of the convenience store. Appl. No. 4341 - Sunset Motel- The Board feels that C & R's should be requested allowing seasonal use only. Suffolk Environmental Consulting, Inc. Newman Village, Main Street, P.O. Box 2003, Bridgehampton, New York 11932-2003 (516) 537-5160 Fax: (516) 537-5198 Bruce Anderson, M.S., President Hand Delivered Linda Kowelski Southold Town Zoning Board of Appeals Town Hall P. O. Box 1179 Southold, NY 11971 Re: Jerad Motel Corp. SCTM #1000-40-1-1 Situate: 62005 Rt. 48, Town of Southold Dear Ms. Kowelski, September 13, 1995 Enclosed herewith please find a complete application for Variance or Appeal of Building Inspectors Denial of Building Permit for the above referenced Site. Application Contents include the following: (1) Appeal from Decision of Building Inspector (1 original plus four copies); (2) Notice to Adjacent Property Owners (4 sets of originals plus two copies of each); (3) Questionnaire for Filing with your Z. B. A. Application (1 original plus 3 copies); {4) Endorsement authorizing Suffolk Environnaental Consulting, Inc. to apply for all requisite approvals on behalf of Applicant; (5) Short Environmental Assessment Form (1 original plus four copies); (6) Copy of Notice of Disapproval issued by Southold Building Inspector dated September 7, 1995; (7) Three sets of Building/Architectural Plans; (8) Seven stamped surveys of subject propercy; and (9) Check Made payable to Town of Southold in the amount of $400.00 covering the required application fee. I would greatly appreciate your commencing technical review of this application. Please schedule this matter before the Southold Board of Zoning Appeals during their next regular meeting. Please do not hesitate to contact this office should you have further questions or require additional materials regarding this matter. Thank you in advance for your cooperation. Sincerely, Bruce A. Anderson cc. J. Levin Endorsement The undersigned hereby authorizes Bruce A. Anderson of Suffolk Environmental Consulting, Inc. to serve as agent in connection with any and all permit applications on my behalf. Date TOWN OF SOUTHOLD ~'~OPERTY RECORD CARD 'IiWNER FORMER OWNER STREET VILLAGE IVL. FARM COMM. t IND. 0 /,. DISTRICT SUB. /t/ ACREAGE C/. TYPE OF BUILDING LOT TOTAL DATE AGE NEW Form Tillable 1 Tillable 2 Tillable 3 Woodland Swompland,~.. Brushland House Plot Total NORMAL BELOW Acre Value Per Acre BUILDING CONDITION ABOVE Value ./( .>:/? ~I/ 0 0 /, /'/./~. l l l Z l./? ?~¥ -- I.V~ :3'3? oo , ~ ¢ c¢ ~. Interior F~nish ~ %~ r. ~ 2 ,tjX, I~ '/¢ O Patio Rooms 2nd Floor :arage /~ : ~ / ~ ZDriveway '~' ~ 1/7~ ~.~.~¢~7,., .... 3~ .... ,.~,~ /~¢~ Suffolk Environmental Consulting, Inc. Newman Village, Main Street, P.O. Box 2003, Bridgehampton, New York 11932-2003 (516) 537-5160 Fax: (516) 537-5198 Bruce Anderson, M.S., President Hand Delivered September 11, 1995 Southold Town Planning Board Town Hall P. O. Box 1179 Southold, NY 11971 Re~ Jerad Motel Corp. - Sunset Motel SCTM # 1000-40-1-1 Dear Board Members, I represent the Jerad Motel Corporation who owns the Sunset Motel situate Route 48, Town of Southold. Earlier this year, one of the motel buildings was lost by fire. My clients are now seeking to rebuild the this motel building in kind and in place. The motel building lost by fire encompassed a footprint of 2,275 + square feet and housed eight rental units. Our current proposal is to rebuild within the same foot print providing the same number and types of units. On August 22, 1995, a Bt~ilding Permit Application was filed with the Chief Building Inspector of the Town of Southold. The Building Inspector rejected the application by Notice of Disapproval dated September 7, 1995, on his belief that the proposed project did not comply with 100 243 (A) (B) of the Town Code thereby triggering an application to be made to the Southold Zoning Board of Appeals. The Notice of Disapproval also disclosed the necessity of some unspecified action by the Southold Planning Board. Later, I was informed that a waiver granted by the Planning Board constituted an action satisfying the Notice. Accordingly, by way of this correspondence, I hereby request a site plan waiver on the basis that the proposed reconstruction is in place and in kind and further because there are no outstanding planning concerns associated with this site. Attached herewith please find the following materials for your review: (1) (2) (3) Survey of the Site; Tovm of Southold Record Card for the Site; Arehitectural/Building Plans for the Motel Unit lost by fire. __ Kindly grant the requested site plan waiver as soon as possible. Thank you in advance for your cooperation. Sincerely, Bruce A. Anderson cc. J. Levin RECEIVED 8EP 1 5 1995 Southbl~6~_~erk TOWN OF SOUTIIOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. I, (Wel Jerad Motel Carp· of 62005 Rt. 48 Nome of Appellant Street and Number Southold NY ......................................................................................................................... HEREBY APPEAL TO Municipality Stale THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO...(...n,,o.,t...,.a..,s..s.i.c/.n..e...d.),.. DATED ....A..u..q..u..s...t.....2..2./....,1.~..9..5. ................ WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (x) Jerad Motel Corp. Nome of Applicant for permit of 62005 Rt. 48 Southold NY 11944 / Street and Number Munlcipollty State PERMIT TO USE PERMIT FOR OCCUPANCY Issuance of Building Permit LOCAIION OF THE PROPERTY 62005 Rt. 48/GreenDort/RR Street /tlamlet / Use District on Zoning Mop District 1000 Section 40 Block 1 Lot 1 _ , Jeard Motel Carp, ............................................................ uurreqc OWner Map No. N/A 'Lot No. N/A Prier Owner v. R. Molin 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragroph of lhe Zoning Ordinance by number. Do not quote Ihe Ordinance.) Article 100 Secti0~ 243 (A) 3. TYPE OF APPEAL Appeal is made herewilh for (please check appropriate box) (×) A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. LaWs Art. 16 Sec. 280A Subsection 3 ( ) ~ 4. PREVIOUS APPEAL A previous appeal (has) (has no!) been mode with respect lo this decision 6f the Building Inspector or with respect to this property. · Such appeal was ( ) reques.f for a,i'~peclol permit · ( ) request for (~varionce and was made in Appea! No ................................. Doled ............................. , ........................................ REASON FOR APPEAL ( } A Variance to Section 280A Subsection 3 (X) A Variance Io the Zoning Ordinance ( ) Is requested for the reason that the proposed reconstruction of ~he lawfully existing motel is in kind and in place. (Conlinue on olher side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces' so~HARDSNlPbecause if the Southold Zoning Board of Appeals were to deny this application, the Jerad Motel Corporation would incur severe economic damage (hardship) due to loss of rental income. 2. The hardshipcrentedls UNIQUE andisnotshared by oll propedles alike in the Immediate vicinity of lhis property and In this use'district because the Sunset Motel has lawfully existed for decades and the number of units proposed to be'built' and the type of units proposed to be built are exactly'.the same as lawfully existing prior to loss by fire. 3. The Variance would observe the spirit of the Ordinance and ~VOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the proposed reconstruction 9f the Sun~et Motel is in kind and'in place for~ that which lawfully existed for decades. STATE OF NEW YORK COUNTY OF Signalure · Sworn lo ,his ................... /"~" '"~*'! ......... day o' .......... . . ...... . · 'z,--~' potory Public U TOSVI'4' OF SOUTIIOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTIIOLD, N.Y. NOTICE OF DISAPPROVAL - , -- Dar, .'~'.~. ............ 'S ...... , 19 .~.,~.'.. ·...~.~..~..~ ............ , ....... ~,~ ~ ~ .- PLEASE TAKE ~OTICg that your aoplicat on dated .~ . 19~~ ' ~ ' 7_ ~' ...: ................ ~ , ..... z '~ .......... 7- ' ~z -/Z'Z5 ' ~o~.~ ~,~ ~o.,2~~'~%~o~ ..... ~ .... ~,o~77. ~. ....... ~o~ ... ~.......~.' Subdivision ................. Filed Map NO. : ............... Eot No .................. is returned herewith and disapproved on the [ollowing grounds . . ..~.~.'.~.~.~.:.v.~..~,:,~ ~.~, ~~~'...,... ~ ' ~. / ~ ~ , ~. ., .... , ......... ~.. :~~~. ~.~~~.~~ .~.~~ ..................... .1// ~ _~.. ~ .... 3'."~'V~ ...... ~ ........... · ~-..;~~ .... ~.,~~. ~.~~ ..... . . .... Inspector · ay 1/8o JUDITH T. TERRY, TOWN CLERK Town of Southold Southold, New York 11971 Phone: 516-765-1801 RECEIVED OF. ~ FOR:~ ,3095 Main Road · Box 1179 New York 11971 16) 765-1823 ~e (516) 765-1800 TO: FROM: DATED: R'E: Southold Town Zoning Board of Appeals Judith T. Terry, Southold Town Clerk September 8, 1995 Zoning Appeal No. tt3~tl - Jared Motel Corp. Transmitted herewith is Zoning Appeal No. q3#1 for JARED MOTEL CORP. by Suffolk Environmental Consulting, Inc. for a variance. Also included is: Letter of Transmittal from Bruce Anderson; Notice to Disapproval from the Building Department dated September 7, 1995; Notice to Adjacent Property Owners; ZBA Questionnaire; Short Envlronmental Assessment Form; survey; and plans. T~ ./ ///i LASER FICHE FORM Planning Board Site Plans and Amended Site Plans SPFile Type: Project Type: Site Plans Status: No Site Plan Required SCTM #: 1000 - 40.-1-1 Project Name: Sunset Motel Addm_~_~: 62005 CR 48, Greenport Hamlet: Greenport Applicant Name: Jerad Motel Corp. Owner Name: Jerad Motel Corp. Zone 1: RR A: roval Date: ,/~//~" OPTIONAL ADDITIONAL INFORMATION End SP Date: Zone 2: Location: SC Filin!:l Date: C and R's '. Home Assoc: R and M A,qreement: A date indicates that we ha~e received the related information Zone 3: SCAN Date: SCANNED ~_~ecords Managemen~ L V il ,-I r V I I .J L --I Robert J. Gruber ~-76 Expressway Drive So Medford, N.Y. 11763 ill 1 3 1995 TOWN 516-6S4-4949 0 Robert J. Gruber - Architect /--//~/~,¢~,,~'476 Expresswoy L T_.._T- -