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HomeMy WebLinkAbout4341 f Cve, Ale crG /'~o Tt L AA1) ~~.~r~ca,~,~r. ~'~~~-.?c~ lP~~~C5E ~~./I°~' `xis , . 596 i ,60/ t/% 4 AZ-06, a9-nth G A ~'~~C= APPEALS BOARD MEMBERS , Si3FF0jjf oGy Southold Town Hall Gerard P. Goehringer, Chairman c < 53095 Main Road Serge Doyen, Jr. y x P.O. Box 1179 James Dinizio, Jr. O Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS AND DETERMINATION Appl. No. 4341: Matter of the Application of JERAD MOTEI, 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 contains 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 all testimony and documentation submitted concerning this application; and WHEREAS, 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. 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 requirement of this Section. Action required by the Zoning Board of Appeals. Action also required by the Town 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 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 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, coastal hazard erosion line, two-foot contour elevations, entrance, and other specific details. C) The construction diagram of the subject two-story building is undated, was prepared by Robert J. Gruber as #95035, Drawings No. 1, 2 and 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 line (near the North Road), 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 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 building 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 disapproval. 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 buildings 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 making 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. Board 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. 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 f 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 has 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 REVFRSE 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, Dinizio, Tortora, and Villa. This resolution was unanimously adopted. i t /f- lk GERARD P. GOEIIRIN jL c CHAIR N RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE /o /6 o*5- HOUR wn erk~ n of Sout d I APPEALS BOARD MEMBERS ~oyOSUFF9 'r~ Southold Town Hall Gerard P. Goehringer, Chairman c ?l 53095 Main Road Serge Doyen, Jr. y _ P.O. Box 1179 James Diaizio, Jr: D g g Southold, New York 11971 Robert A. Villa 0! Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF PUBLIC HEARINGS NOTICE. IS HEREBY GIVEN, pursuant' to Section 267 of the Town Law and the Code of the Town of Southold, that the following public hearings will,be held at a Regular Meeting of the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on WEDNESDAY. OCTOBER 11, 1995 commencing at the times specified below: 1. 7:32 p.m. , Appl. No. 4336 PEGGY HELLER (Owner of Property: NANCY DOUG-LASS) 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. 2. 7:35 p.m. Appl. No. 4338 WILLIAM J. WAGNER requesting a Variance under Article XXI, Section 100-205.1, based upon the June 16, 1995 Notice of Disapproval from the Building Inspector-for placement of of a freestanding sign, as built, similar to former pree,,dsting sign in this Page 2 of 5 - Legal Notice Regular Meeting of October 11, 1995 Southold` Town Board of Appeals i R-40 Zone District. This sign is accessory to a nonconforming use established at the premises for sales of antiques in conjunction with owner's residency. Location of Property: 7130 Main Road, East Marion; County Tax Map Parcel No. 1000-31-6-6. i 3. 7:40 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 rear yard and partly in the side yard, as ! built and re-located from the former frontyard location, and Article III, Section 100-31B(3B) for an increase of 96 sq. ft. lot coverage. Property location: 170 Orchard St.- (former fire house building), Orient; County [ Tax Map Parcel No. 1000-25-3-3.1. 4. 7:42 p.m. Appl.. No. 4342 GEORGE and CAROL KRAEBEL ' requesting a Variance under Article IIIA, 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. 5. 7:45 p.m. Appl. No. 4340 JOSEPH AND SUSAN GRILLO requesting a Variance under Article XXIII, Section 100-231 for permission to extend height` of 'a portion of proposed fence from 4 ft. to 6 ft. along the -easterly edge of the applicant's land used as a private right-of-way, and the southerly end near the entrance onto Peconic Bay Boulevard for a Page 3 of 5 - Legal,;Otice Regular Meeting of October 11, 1995 Southold Town Board' of Appeals height of four feet; which will not conform to Section 100-232B which states that the required height shall not exceed 2.5 feet above the average street level within an isosceles triangle having 30 ft sides along each corner to preserve sight lines for traffic. Property Location: N1s Peconic Bay Boulevard known as 365 Mesrobian Dr. (Private Right-of-Way), Laurel; County Tax Map Parcel No. 1000-145-4-12.1. 6. 7:50 p.m. Appl. No. 4341 - JERAD MOTEL CORP. (a/kla SUNSET MOTEL) requesting a Variance under Article XXIV, Svction 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 contains a nonconforming lot size of less than five acres and is located in the RR Resort-Residential Zone. Proper°ty location: 62005 C.R. 48, Greenport, NY; County Tax Map Parcel No. 1000-40-1-1. 7. 8:00 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. Page 4 of 5 Legal lgotce Regular °Meeting of October 11, 1995 Southold Town Board of Appeals 8. 8:05 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). 9. 8:10 p.m. Appl. No. 4344 AMAC INC. (SUKR:U ILGIN) requesting a Variance for relief of Conditions No. 3 and 4 of ZBA Determination rendered March 25, 1992 under Appi. 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 eitist mg building; and 4. There shall 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. Location of Property: 7400 Main Road, Mattituck (Laurel School District); County Parcel No. 1000-122-7-1. Zone: B-General Business. Page 5 of 5 - Legdr -Notice % Regular Meeting of October 11, 1995 Southold Town Board of Appeals not hesitate to call 765-1809 or visit our office. Dated: September 25, 1995. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski i ~ L i i I Fn^n /d F()tiful No'. 3 TOIVN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date :y 7. ; , 19g.`-~..' PLEASE TAKE `NOTICE that yours plication dated 2, -,7 199,:;~ r fotpermitta`%.... ?:r l.,. y~%at Location of Property ~i'?4?P. ~ f ..7 .t-i- 1 House No. Street 147amlet County Tax Map No. 1000 Section • Block / Lot / Subdivision . Filed Map No. Lot No. is returned herewith and disapproved on the following grounds .4w,:. . it Inspector RV 1/80 SEP 1 5 1995 sbtrYhLal,69 err TOWN OF SOUTHOLD, NEW YORK L APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO DATE . TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) Jerad Motel Corp of 62005 Rt 48 Name of Appeiiont Street and Number Southold HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON j APPLICATION FOR PERMIT NO..~not. _ass igned)„ DATED. 814gust,22,. 19'95. WHEREBY THE BUILDING INSPECTOR DENIED TO Jerad Motel Corp. Name of Applicant for permit of 62005 Rt. 48 Southold NY 11944 ~ Street and Number Municipality State j ( ) PERMIT TO USE I ( ) PERMIT FOR OCCUPANCY 1 (X) Issuance of Building Permit 62005 i. LOCATION OF THE PROPERTY Rt 48/Greenoort/RR Street /Hamlet . Use District on Zoning Map ap District 1000 Section 40 Block 1 Lot 1 Jeard Motel Corp. . N ......_.Current Owner Map No N/A Lot No. N/A Prior Owner V. R. Mo in 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article 100 Section 243 (A) (R) 3. TYPE OF APPEAL. Appeal is made herewith for (please check appropriate box) (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chop. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request foro"ipecial permit ( } request for a variance and was made in Appeal No ................Dated REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (X) A Variance to the Zoning Ordinance is requested for the reason that the proposed reconstruction of the lawfully existing motel is, in kind and in place. ,...~aw+arFbnm:ant.,- (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because 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. r j 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate, vicinity of this property and in this use district because 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. i 3. The Variance would observe the spirit of the Ordinance and WOULD NOT. CHANGE THE CHARACTER OF THE DISTRICT because the proposed reconstruction of the Sunset Motel is in kind and in place for that which lawfully existed for decades. STATE OF NEW YORK D ss COUNTY OF :Sign~&- -.4 ature . 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Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD October 11, 1995 SEQRA UNLISTED ACTION DECLARATION Appeal No. 4341 Project Name: Jere d Motel Corp. County Tax Map No. 1000- 40-1-1 Location of Project: 62005 C.R. 48, Greenport, 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 should the project be implemented as planned, and: { } this Board wishes to assume Lead Agency status and urges coordinated written comments by your agency to be submitted with the next 20 days. ~X } this Board 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 buildings. (However, if you do not wish to assume lead agency status within 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. Ot,c~ • 1 Exhibits in support of Appeal From Building Inspector's Notice of Disapproval for Jerad Motel Corp. 62005 Route 48, Town of Southold Exhibit A: Building Inspector's Notice of Disapproval dated September 7, 1995 • CEP 08 '95 10:05 T!:!IJFI 1JF t!:dJTHOLC! P.1 1 FORM NO. a • TOWN OF SOUTHOLD BUILDING DEPARn, WNT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL .y~7 Date 19V To St!~D OV//~3 / sic, 4G O?Z2 ego PLEASE TAKE BIOTIC that your a_ plication dated for permit to ~~r{.~! rr at • Location of Property , , , , . fL~y~ House No. ' / Street / ' ' / am/cc County Tax Map No. 1000 Section ......Q.... Block ! Lot J......... Subdivision Filed Map No. Lot No. . is returned herewith and disapproved on the following ;rounds .d42j& . ~~y - 1-5~~44 Via.... z 42 InspectoreC~..... Exhibit B: Copy of Select Portions of the Southold Town Zoning Code, Section 100 - 243 (A) (B) Nonconforming Buildings with Nonconforming Uses Section 100-13 Definition: Nonconforming Building or Structure Section 160.13 Dellaifition: Resort Hotel or Mots Section 100-242: Nonconforming Buildings with Conforming Uses Section 100=241: Nonconforming Uses Section 106-272: Bulk Schedule Section 100-271: Powers and Duties (of the Zoning Board of Appeals) • • § 100-243 SOUTHOLD CODE § 100-244 § 100-243. Nonconforming buildings with nonconforming uses. A. nonconforming buireconstruc s d or structurally altered or tte shall not be enlarged, , is changed to a moved unless the use of such buildint, conforming use. B. A which has nonconforming damaged by fire or1other causes to he extent of more than fifty percent (50%) of its fair value shall not be repaired or rebuilt unless the use of such building is changed to a conforming use. § 100-244. Nonconforming lots. nimum stand ards A. This subsection is intended for lots mfade nonconform ngf or granting of a building pet continued in a state of nonconformance by the adoption of this Article and that were singly and separately owned as of the effective date of this Article. • B. A nonconforming lot separately owned and not adjoining any lot or land in the same ownership loft the eland e d at eosame Article and not adjoining any ownership at any time subsequent to such date may be used, use or a building or structure may be erected on such s onsfof this in accordance with all the other applicable chapter, provided that proof of such separate ownership is submitted in the form of an abstract of title showing the changes of title to said lot, which abstract shall be in the usual form, shall be certified by an attorney or a company regularly doing such work in Suffolk County or by a corporation duly licensed to examine and ensure title to real property in Suffolk County and shall contain a certification that no contiguou9 property was owned by an owner of the property involved since the date of any previously applicable Zoning Law. Such lot shall be granted relief for front side and rear yard dimensions as follows: 10144 2-'L5-e9 § 100-13 SOUTHOLD CODE § 100-13 § 100-1 MASTER PLAN - A plan for the controlled development of all or portions of the Town of Southold, the protection of environmentally sensitive areas, the enhancement of fishing and shellfishing, healthy recreation areas and facilities and the protection of the underground water supply; the plan to be prepared by the Planning Board pursuant to § 272-a of the Town Law, which plan indicates the general locations of physical development within the town and includes any unit or part of such plan separately adopted and any amendment to such plan or parts therein. MEAN HIGH WATER (MIIW) - Average height of high water datum reported by the United States Geological Survey. MOTEL, RESORT - See "hotel or motel, resort." MOTEL, TRANSIENT - See "hotel or motel, transient." NONCONFORMING BUILDING OR STRUCTURE - A building or structure legally existing on the effective date of this chapter or any applicable amendment thereto but which fails, by reason of such adoption, revision or amendment to conform to the present district regulations for any prescribed structure or building requirement such as front, side or rear yards, building height building areas or lot coverage, lot area per dwelling unit dwelling units per building, number of parking and loading spaces, etc., but which is continuously maintained after the effective date of these regulations. NONCONFORMING LOT - A lot the area, or dimension of which was lawful prior to the adoption, revision or amendment of this chapter but which fails to conform to the requirements i i of the zoning district in which it is located by reason of such adoption, revision or amendment. NONCONFORMING USE - A use, whether of a building, F sign or tract of land, or combination of these, legally existing c on the effective date of this chapter, which does not conform to j the present use regulations of the district in which it is located but which is continuously maintained after the effective date of these regulations. F F NURSERY SCHOOL - A building or buildings, together F with any accessory uses, buildings or structures, used as an 10126 2. 25.89 t~ `s f )P • § 100-13 ZONING § 100-13 HOTEL OR MOTEL, RESORT - A building or group of buildings, whether detached or in connected units, containing individual guest units consisting of a room arranged or designed to be available for use as sleeping quarters for transients on a daily rental basis or for vacationers or other persons on a weekly rental basis, provided that one (1) such unit may connect directly with not more than one (1) other such unit. Each unit shall have a door opening on the exterior of the building or on a common hallway leading to the exterior. A "resort motel" may include such accessory uses as a beach cabana, private dock, dining room, restaurant or swimming pool, conference and meeting facilities or an accessory convenience shop, office or personal service facility, provided that such facility or shop is located within the building without any external sign or display and off-street parking facilities. The term "resort motel" shall not be construed to include "transient motel" or "mobile home park." HOTEL. OR MOTEL, TRANSIENT - A building or group of buildings, whether detached or in connected units, containing individual guest units consisting of a room arranged or designed to be available for use as sleeping and • living quarters for transients on a daily rental basis, provided that one (1) such unit may connect directly with no more than one (1) other such unit and that no cooking facilities shall be available. Each such unit shall have a door opening on the exterior of the building or on a common hallway leading to the exterior. A "transient hotel or motel" may include such accessory uses as an office, restaurant, accessory personal services, swimming pool and off-street parking facilities. The term "transient hotel or motel" shall not be construed to include "resort motel" or "mobile home park," nor shall it be deemed to include any dwelling unit except that of the owner or manager. JUNKYARD - Land occupied or to be occupied for storage of old wood, paper, cloth or metal, including old automobiles, trucks, equipment, machinery, fixtures and appliances not usable as originally designed, and also including any portion of 1002,3 8 - 25 - 90 • L I ~ § 100-241 ZONING § 100-242 G. Whenever a nonconforming use of a building or premises has been discontinued for a period of more than two (2) years or has been changed to a higher classification or to a conforming use, anything in this Article to the contrary notwithstanding, the nonconforming use of such building or premises shall no longer be permitted unless a variance therefor shall have been granted by the Board of Appeals. § 100.242. Nonconforming buildings with conforming uses, (A) Nothing in this Article shall be deemed to prevent the remodeling, reconstruction or enlargement of a nonconform- ing building containing a conforming use, provided that such }I action does not create any new nonconformance or increase the degree of nonconformance with regard to the regulations pertaining to such buildings. i • B. Reconstruction of a damaged building. (I) 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 and yard requirements of the Bulk Schedule.u (2) Application for a permit to build or restore the damaged portion of any building damaged or destroyed as set forth in Subsection B(1) above shall be filed within one (1) year of the date of such damage and shall be accompanied by I plans for reconstruction which, as to such portion, shall - comply with the requirements set forth above. If such permit is issued, it shall lapse one (1) year thereafter unless reconstruction in accordance with the approved plans has been initiated. Fw11w. . nnle: U. Hulk schedule Is Included at the end of Ihb chapter. 10143 2-25 99 1I - - - - le~,,-,cam-•-T" Rtd{~yl~ A M y, p Fj f~ . fV F 1 § 100-240 ZONING § 100.241 ARTICLE XXIV Nonconforming Uses and Buildings ` [Added 1-10-89 by M, No. 1-19891 \ V § 100-240. Purpose. The purpose of this Article is to reduce or minimize impacts of uses and buildings which do not conform to the use or bulk requirements set forth in this chapter, all uses and buildings that become nonconforming by reason of any subsequent amendment to this chapter and all buildings containing nonconforming uses. • § 100-241. 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 thereof, may be continued indefinitely, except that such building or use: A. Shall not be enlarged, altered, extended, reconstructed or restored or placed on a different portion of the lot or parcel of land occupied by such use on the effective date of this chapter, nor shall any external evidence of such use be increased by any means whatsoever. B. Shall not be moved to another location where such use would be nonconforming. C. Shall not be changed to another nonconforming use without approval by the Board of Appeals and then only to a use which, in the opinion of the said Board, is of the same or of a more-restrictive nature. D. Shall not be changed back to ales-restrictive use if changed j to a more-restrictive nonconforming use. E. Shall not be reestablished if such use has been changed to or replaced by a conforming use. F. Shall not be repaired or rebuilt unless the use is changed to a • conforming use if the nonconforming use (sa> of its fa i by fire or value. ' other causes to the extent of fifty percent 10142.1 5 - 25.89 w ' ny! 6 " @sA'a~u+}~~~ e i Y'~ tR~ Skx k4f~4. !!F Y ! t ~IPFr6 1'~ ~ u ~ r py4N 71 ~ ~ y+~ F f . FI , V f t't ~ ~ . ',ems 1 P ~~yh L C 1Ham' i 1 P M"'~tt 1 ~ F) Itt "K y r1,~~A1 ! fl ti. Y 1 Y "Y r § 100-241 ZONING § 100-242 G. Whenever a nonconforming use of a building or premises has been discontinued for a period of more than two (2) years or has been changed to a higher classification or to a conforming use, anything in this Article to the contrary notwithstanding, the nonconforming use of such building or premises shall no longer be permitted unless a variance therefor shall have been granted by the Board of Appeals. § 100-242. Nonconforming buildings with conforming uses. • (A) Nothing in this Article shall be deemed to prevent the remodeling, reconstruction or enlargement of a nonconform- ing building containing a conforming use, provided that such action does not create any new nonconformance or increase the degree of nonconformance with regard to the regulations f pertaining to such buildings. 1 B. Reconstruction of a damaged building. (1) 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 and yard requirements of the Bulk Schedule.u (2) Application for a permit to build or restore the damaged portion of any building damaged or destroyed as set forth in Subsection B(1) above shall be filed within one (1) year 1 of the date of such damage and shall be accompanied by 1 plans for reconstruction which, as to such portion, shall comply with the requirements set forth above. If such j permit is issued, it shall lapse one (1) year thereafter unless reconstruction in accordance with the approved plans has been initiated. • EdIS~ bra Note: The Dulk Schedule Is Included I the end of Ihb chapter. 10143 2-25.89 I i _ . Town of Southold i Bulk Schedule for Residential Districts " ` i, [Added 1.1089 by L.L Na 1-19891 Column Na i R Hit tv v vi vii ix x xi xii Residential Unit Where Community 2-Family Detached n. _ Water and Sewer Dwellings in R-80 District A-C R40 R-80 R-120 R-200 R400 HD RR RO Available District ,.T v 9 Minimum Requirements for 1-family detacbed site feet) 00.000 40.000 80.000 120.000 200.000 400.000 20.000 20.000 40.000 10.000 160.000 ) 60 270 3 Lot width (f sU 176 160 175 200 270 270 75 75 150 i z Lot depth (fat) 250 175 250 300 400 400 120 120 175 80 400 Front yard (fat) 60 so 60 60 60 60 35 35 50 30 60 Side yard (feet) 20 15 20 30 30 30 15 15 15 15 30 60 s Roth side yards (feet) 45 35 45 60 60 60 30 30 35 30 Rev yard (feet) 75 50 75 85 100 100 35 35 50 30 85 Livable floor area isquare fat per dwelling 850 850 850 850 850 850 850` 8503 850 8550 850 unit) Maximum permitted dimemiom: 30 Lot coverage (percent) ZO 20 20 10 5 5 25 25 20 25 Building beight (feet) 35 35 35 35 35 35 35 35 35 35 ~5 35 Number of stories 25 25 25 25 25 25 25 25 25 25 is NOTES: See text of chapter and Density and Minimum Lot Site Schedules for applicable districts. r Except one-bedroom or studio in multiple dwelling may hate six hundred (600) square feet. Minimum floor area may be reduced up to two hundred (200) for moderate- and/or lower-cost dwellings r Except orrmbedroom or studio in multiple dwelling may have six hundred (600) square feet 2.25-89 ' Town of Southold 'r Density and Minimum IN Sire Schedule for Residential Districts' [Added 1.1040 by LL No. 1-19891 R-80 R-120 R-200 R400 HD RO Rd0 RR AL Residential Residential Residential Residential Residential toy Resort Residential Agricultural. low-DendtY U,D,.ty law-Density low-Density IAw-DematY si Conserestion (OnrAere) (I4w-Acre) (Three-Acre) (FlvrAertl (Teo-Acre) Reaidential Residential Office D'utricta ~ MINIMUM LOT SIZE (nio•re fcesk l 400.000 20.000 (vii) 20.000 Iri4 40.000 200.1100 NA 1Reside detached dwelling 40.000 80.000 120.000 NA Residential unit without utilities 80,000 NA NA NA 20.000 (vii) 20.000 (vii) NA } Resideitial unit with esmmunit7 water NA NA NA NA NA NA NA NA 10.000 (xi) 12.000 (xi) r Residential unit with community water ` and sewer Vainly detached dwelling 160.000 Ixii) 80.000 (iii) 160.000 (xii) 240.000 (v) 400.000 (vi) 800.000 Iva) 40.000 W) 40.000 00 80.000 (iii) 2-fam0y dwelling without utilities NA NA NA NA NA 40.000 (ii) 40.000 Jill NA 2-family 2-family dwelling dwelling with mmmunitY Mtor NA NA NA NA NA 20.000 (vii) 20.000 lvii) with ommunitY water NA NA ~i and sewer ' MukiDk dwelling unit or townhmn2 NA NA NA 20.000 NA' NA [Multiple dwellin6 or tovrnltwrse without NA NA NA s utilities NA NA NA NA NA 20.000 NAs NA -F Multiple dwelling or townhouse with NA community water NA NA NA NA NA NA 10.000 NAr NA Multiple dwelling or townhouse with - L'.-'.. community water mid sewer 6.000 NA xis Meduni.ty hotel or conference omtc guest NA NA NA NA NA NA NA 6.000 NA Guest unit without utilities NA NA NA NA NA NA NA NA NA 4.000 N A 1 Guest unit with community watw NA NA NA NA Guest unit with community water and NA sewer Nonresidential use (u permitted) 200.000 d00.000 ~A 40.800 40.000 Use with or without utilities 80.000 40DW 80.000 120.000 KEY: NA : Not appheabte. Residential in the column distri NOTES: d the numera ' Roman numeral, refer to aotel elk column in the Residential Bulk Schedule. this refers m nim m lot dares per unit Refer to thecResid ntui Bulk Schedule Bulk lots e. yard to or total r For multiple dwelling, eL 1. m motle district. distriR nxuse (whore Del and setback dimensions for the applicable bk unless ntue•retrictive repuirtmenm core indicted in the text of the chapter. 10-25-89 +(Amended 8.1-89 by LL No, 14-19891 r § 100-271 ZONING § 100-272 .70 $ 100-271. Powers and duties. o a In addition to such powers as may be conferred upon it by .ce law, the Board of Appeals shall have the following powers: A. Appeals: to hear and decide appeals from and review any rly order, requirement, decision or determination made by the Building Inspector. ;nd B. Variances: Where there are practical difficulties or ;nd unnecessary hardships in the way of carrying out the -ed strict letter of these regulations, the Board of Appeals shall have the power to vary or modify the application of such regulations so that the spirit of this chapter shall .he be observed, public safety and welfare secured and ge, substantial justice done. the C. Special exceptions, special permits and other approvals: Whenever a use or the location thereof is permitted only ich if the Board of Appeals shall approve thereof, the Board out* of Appeals may, in a specific case and after notice and ral public hearing, authorize such permitted use and its of location within the district in which this chapter oft specifies the permitted use may be located. D. Interpretations: on appeal from an order, decision or determination of an administrative officer or on request ds. of any town officer, board or agency, to decide any of the following: the (1) Determine the meaning of any provision in this and chapter or of any condition or requirement specified =nd or made under the provisions of this chapter. (2) Determine the exact location of any district boundary shown on the Zoning Map. .I $ 100-272. Additional conditions and safeguards. In deciding any matter before it, the Board of Appeals may impose such conditions and safeguards as it deems necessary or _.ing 10104.1 2-26-e6 i ' 1 Exhibit C: Copy of Southold Town Assessment Card dated November 4,1%1 showing the Town's assessment of the Sunset Motel to include efficiency units. • • r- TOWN OF 5OUTHOLD OR'OPERTY RECORD CARD ,OWNER STREET VILLAGE DISTRICT SUB. LOT ILIA FORMER OWNER N L 1 E Al c /ii.,a of ACREAGE J 3 f/ S W' TYPE OF BU/ILDIN7G _ w4-1't`'(, v4W)V r O 11-A RES. SEAS. VL. FARM COMM. I IND. I CB. I MISC. LAND IMP. TOTAL DATE REMARKS r --a C ?J -Z 4S- C vVy U vt,-U z - 2Ne f-W D0 00 a -o6 -f V11- Y g, rU O ) ~'r r0 O ~.r D o O ~r-a.,F' 2a-o t617lCL AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE i Form Acre Value Per Acre Value Tillable 1 0 O - Tillable 2 Su° /00 Tillable _3 0 G Woodland C ` A tr e 5wamplond~ r~ , - - 3rushland - Q O v - .3 3; 4ouse Plot i ctal ' I 1--T ' I I I I ~ A Y Cce A- Bldg- X ' y Foundation I Bath V Lb-rcuut`c ctension n 3 Y y~~ O Basement Floors lc 1:4icsl •4 72.. --(tension RccrE~ ZGZeo~ 9 ~a«U Walls Interior Finish gJ~d ~(vtcli. _ 4 Fire Place Heat l Crry N~ u ] Y C.2 I Porch Attic 2 7 .Y l X 7 VCrPorch Rooms Tst Floor Patio Roams 2nd Floor G[GGI i a Ve el ,arage .sooqo Driveway • Exhibit D: Affidavit Signed by Donna Levin declaring the unit lost by fire to have contained cooking facilities prior to the fire. • • 1 STATE OF NEW YORK • COUNTY OF SUFFOLK) ss.: DONNA LEVIN, being duly sworn, deposes and says: 1. 1 am the president of JERAD MOTEL CORP. the owner of the motel known as the Sunset Motel. 2. JERAD MOTEL CORP. took title to the motel on January 12, 1978. 3. At the time JERAD MOTEL CORP. took title and prior thereto based upon my inspection of the premises I can state the following: Kitchen facilities existed in four (4) of the total of eight (8) motel units that existed in that structure that was totally destroyed by fire and which is the subject of this application. DONNA LEVIN Sworn to before me this . /CW-day of October, 1995. No u i WIWAM N. PRICE, JR. Notary Public, State of New York No. 4844944, Suffolk County Term Expires February 28,19916 • Exhibit E: Affidavit signed by Carol Dubek declaring that kitchen facilities to have existed in the unit lost by fire prior to the purchase of subject property by Jerad Motel Corp. • • • STATE OF NEW YORK) ss: COUNTY OF SUFFOLK) CAROL DOBEK, being duly sworn, deposes and says: 1. That I reside at Main Road, Greenport, New York; 2. That I worked at the Sunset Motel during the year 1966 and at that time, and continuing throughout my employment there, there existed kitchen facilities in four (4) of the total of eight (8) motel units that existed in that structure that was totally destroyed by fire which is the subject of this application. CAROL DOBEK Sworn to before me this 10th day of October, 1995 'Notary Public • STATE OF NEW YORK NO. Exhibit F: Copy of the Southold Town Zoning Code adopted on April 9,1957. • • .-SJ(L'DING ZONE ORDINANCE the word "structure", the word "lot" with or without meals and in which TOWN OF SOUTHOLD includes the word "plot" and the word there are more than ten (10) rooms SUFFOLK COUNTY, NEW YORK "shall" Is mandatory and not directory. usually occupied singly and no pro- An ordinance classifying, regulating 1-ACCESSORY BUILDING - A vision made for cooking In any In- other of building, subordinate to the main build- dividual apartment. ing on a lot and used for purposes 12A-AUTOMOffiLE WRECEING 'and nd re size restricting of the buildings eight, nu and number customarily Incidental to those of the AND ALL OTHER BUNK YARDS- structures, the percentage of lot that main building. Land occupied or to be occupied for may be occupied, the size of yards and 2-AN ACRE - An acre as applle- the storage of old wood, paper, cloth other open spaces, the demvtty of popu- able to this Ordinance shall refer to or metal, including old automobiles, lation. the location and .tae of build- the land exclusive of street areas. trucks, equipment, machinery, fixtures ings, structures and land for trade, In- 3-BOARDING AND TOURIST and appliances not usable as orghnally dustry, residence and other purposes, HOUSES. A building other than a hotel designed; and also including any por- (provided that such regulations shall where lodging, with or without meals, tions of such old automobiles trucks, apply to and affect only such part of for six or more persons Is furnished equipment or machinery as are or may the town outside the limits of any in- for compensation. be sold as and for junk or salvage. y , corporated village), establishing the ,}-BUILDING - A structure having 13-LOT-Land occupied or to be oc- ty boundaries of districts for said pur- a roof supported by warts and when cupied by a building and its accessory O Poses so as to promote the health, safe- tr, morals and general welfare of the separated by a party wall without buildings together with such open b H Town of Southold with reasonable con- openings, it shall be deemed a separate spaces as are required under this Or- W sideratfon, among other things to the building. dinance and having Its principal front- b most desirable use for which the land 5-BUILDING AREA - The aggre- age upon a public street or officially W m m district may be adapted, the gate of the maximum horizontal cross approved place. each dist ~C Peculiar disrict for section area of the buildings on a lot, 14-LOT-CORNER -A lot situated at suitability particular use excluding cornices, eaves, gutters or the junction of two (2) or more streets. era aluect, the conservation f prop- chimneys projecting not more than . 15--LOT-INTERIOR-A lot other tr1 arty values and the direction of build- eighteen (I8) inches, steps, one (1) than a corner lot. Ing development in accordance with a co well considered plan and nuo to estab- story open porches, bay windows, not 16-LOT-THROUGH-An interior lot lish penalties for violation of these extending through more than one (1) naving frontage on two (2) streets. regulations as prescribed by the sta- story and not projecting more than 17-LOT LINES-The lines bounding tutes. five (5) feet, balconies and terraces. a lot as defined herein. 6-BUIMING HEIGHT - The ver- 18-NON - CONFORMING USE-A 0 TABLE OF CONTENTS title distance measured from the curb building or premises occupied by a use d Short Title Section level to the highest point of the roof that does not conform with the regu- Artlcle 1 Definitions 100 surface, if a flat roof, to the deck line lations of the use district in which It 0 Article 11 Districts 200 of a mansard roof, and to the mean is situated. Article III "A" Residential and height level between eaves and ridges 19--SETBACK-The minimum horn- z Agricultural District 300 for a gable, hip or gambrel roof PRO- zontal distance between the street or W rticle IV "B" Business District 400 VIDED that chimneys, spires, towers, lot line (front, side, or rear, as the p Article V "C" Industrial District 500 elevator peuthouses„ taiku and shaalat case may b,` of the building Gnv > Article VI Tourist Camps, camp projections shall not be included in projection, thereof, excluding steps, C Cottages and Trailers 600 the height. For building set back from open terraces, and bay windows not Article VII Applications and Per the street line and where no curb ex- projecting more than five (5) feet. O mits 700 ists, the height may be measured from 20-STORY-That portion of a build- Article VIII Board of Appeals 800 the average elevation of the ground ing included between the surface of Article IX Amendments 900 surrounding the building. any floor and the surface of the floor Article X General Provisions 1000 7-DWELLING--ONE FAMILY-A next above It or if there be no floor W WHEREAS, all the matters and detached building designed for or oc. above it, then the space between it and t., things required to be done by the Town cupied exclusively by one (1) family. the telling next above It. Law of the State of New York in order 8-DWELLING-TWO FAMILY - A 21-STORY-HALF'-A story under a that the Town Board of the Town of detached or semi-detached building gable, hip or gambrel roof, the wall Southold, Suffolk County, State of New designed for or occupied exclusively by plates of which, on at least two (2) N York, may avail itself of the powers two (2) families, opposite exterior walls, are not more can conferred by said law have been duly 9-DWELLING-MU--LTIPLE - A than two (2) feet above the finished rn complied with. building or portion, thereof, designed floor of such story. NOW THEREFORE, the Town Board for or occupied as a home for three (3) 22-STRUCTURE--Anything construe- of the Town of Southold, Suffolk Coun- or more families or households, living led or erected, the use of which re- ty, State of New York, by virtue of independently of each other. quires a more or less permanent lo- the authority in it by law Invested, 10-GARAGE-PRIVATE-A building cation on the soil, or attached to some- hereby ordains and enacts the follow- used for the storage of one (1) or more thing having a permanent location on ing ordinance. gasoline or other power driven vehicles the soil. SECTION 1-This ordinance shall be owned and used by the owner or ten- 23-STRUCTURAL ALTERATIONS- known and may be cited as "The ant of the lot on which It Is erected, Any change in the supporting members Building Zone Ordinance of the Town and for the storage of not exceeding of a building, such as bearing walls, of Southold, Suffolk County, New two (2) additional vehicles (not trucks) columns, beams or girders. York." owned or used by others. 24-YARD-An open space on the 11-GARAGE - PUBLIC-A building same lot with a building, unoccupied ARTICLE I otner than a private garage, used for and unobstructed from the ground up- SECTION 100-Definitions-For the housing or care of gasoline or other ward except as otherwise provided urpose of this ordinance, certain power driven vehicles, or where such herein. rms and words are, herewith, defined vehicles are equipped for operation, re- 25-FRONT YARD-The required s follows: paired or kept for remuneration, hire open space extending along the street Words used in the present tense in- or -sale. - line of any street on which the lot dude the future, the singular number 12-HOTEL-A building occupied as abuts. includes the plural and the plural the the more or less temporary abiding 26-REAR YARD-The required open singular, the word "building" includes place of individuals who are lodging space extending along the rear lot line Page 1 (no: -a street line) throughout the 2-Churches, schools, libraries. apply. whole width of the lot. 3-Non-commercial parks, play- SECTION 301-"A" HEIGHT-In _ 27-SIDE YARD-The required open grounds, athletic fields, bathing the "A" Residential and Agricultural space extending along the side lot lines beaches, bathhouses or boathouses. District, no building, hereafter erec- from the front yard to the rear yard. 4-Agricultural farms, poultry farms, ted or altered, shall exceed thirty-rive 28-SIZE OF LOT-AREA-The area nurseries, greenhouses and truck gard- (35) feet or three (3) stories. • of a lot shall be the total area mess- ening (does not Include farms for the Except public or semi-public build- ured Inside all of Its boundaries. raising or breeding of ducks) ings may be erected to a height not ARTICLE 11 S--Clubs, fraternity houses and golf exceeding fifty (50) feet when set back Districts courses, except where the principal ac- an additional six (0) inches an all SECTION 200-USE DISTRICT tivities are carried on as a business. sides for each foot such buildings ex- REGULATIONS-For the purpose of 6-Railway passenger stations. teed the height of thirty-five (35) feet this Ordinance, the Town of Southold, 7-Accessory buildings, including one SECTION 302='A" BUILDING outside of the Incorporated Villages, (1) private garage, when located not AREA-In the "A" Residential and is hereby divided- into three (3) classes less than fifty (50) feet from the front Agricultural District, the total building of districts which shall be designated lot line or a private garage within or area shall not exceed twenty-five (25) as follows: attached to the dwelling. percent of the total lot area. "A" RESIDENTL4,L AND AGRICDL- 8-Uses customarily incidental to any SECTION 303-"A" SIZE OF LOT- T(IRAL DISTRICTS of the above uses when located on the AREA-In the "A" Residential and "B" BUSINESS DISTRICTS same lot and not involving the con- Agricultural District, no building shall "C" INDUSTRIAL DISTRICTS duct of a separate business. This shall be erected or altered on a lot of an SECTION 201-The boundaries of be understood to Include the profes- area less than twelve thousand five said districts are, hereby established sional office or studio of a doctor, hundred (12,500) square feet, or upon as shown upon the Building Zone Maps dentist, teacher, artist, architect, en- a lot having a frontage of less than which accompany and which, with all gineer, musician, lawyer, magistrate or one hundred (100) feet. notations, references and other matter practitioner of a similar character or SECTION 304-"A" FRONT YARD- shown thereon are, hereby, declared rooms used for home occupations In- In the "A" Residential and Agricul- to be Part of this Ordinance, as if the cluding dressmaking, millinery or Simi- tural District, the required front yard matters and things set forth by said lar handicrafts, PROVIDED the office, shall be at least thirty-five (35) feet map were all fully described herein. studio or occupational rooms are lo- from the street line. SECTION 202-No building shall be cated In a dwelling In which the prat- SECTION 305-Where property in erected, altered or used, and no prem- titioner resides or In a building acces- the vicinity is partly built up with ises shall be used for any other than a spry thereto, and PROVIDED further, permanent buildings and an average purpose permitted In the zone in which no goods are publicly displayed on the setback line of more or less than thirty such building or premises is located. premises and no sign or advertisement five (35) feet has been established, no SECTION 203-The boundaries be- is shown other than a sign not larger buildings, hereafter erected or altered, tween districts than two (2) square feet in total area, shall project beyond the line of the • established. indicated, either her are, street unlelines, ss railroad bearing only the name and occupation average SECTION 306 setback -soIn case of a corner rights-of-way or such lines otherwise lines extended (words only) of the practitioner. or lines Paralhi thereto or boundaries 9-The sale at retail of farm garden lot of record at the time of the pas- Of subdivisions. Where figures are or nursery products produced on the sage of this Ordinance, a front yard shown on the zoning maps between a premises or of animals raised on the shall be required; same to be on a line street and a district boundary line, they premises. One (1) advertising sign or with the average setback lines on both indicate that the district bound streets produced to a point of Inter- (24) line signs not exceeding twenty-four (24) section and If no average setback has runs parallel to the street line at a square feet in total area advertising feet then deep a , shall front be yard, distance as 80 indicated. When the the sale of farm garden or nursery been thirty-five established rd, location of a district boundary line Products produced on the premises or thirty on each street front, a may e- is not otherwise determined, It shall of animals raised on the premises. be determined by the scale of the map 10-One (1) real estate sign not decreased as a special exception by the measured from a given line. Where the larger than twelve (12) square feet in Board of Appeals as hereinafter pro- street layout, actually on the ground, area on any one (1) or more lots, ad- vided. varies from the street layout as shown vertising the sale or letting of only SECTION 307-"A" SIDE YARDS- on the Zoning maps, the designation the premises on which It is maintafined In the "A'• Residential and Agricultural shown -on the District, there shall be two (2) side mapped streets shall and set back not less than the required ym,~ one (1) on each side of the apply in such a way as to carry out front yard distance and not less than buildings, the total aggregate of both the real intent and purposes of this ten (10) feet from each side line. sides to be twenty-five (25) feet and Ordinance for the particular area In When the advertising sign is for the no one (1) side yard to be less than question. purpose of selling or leasing of acreage, SECTION 204-Where a district or the selling of lots In a subdivision, ten (30) feet wide. boundary line divides a lot in a single one (1) real estate sign, having an area PROVIDED that, in the case s lot held in single and separate owner- ownership at the time of passage of of not more than twenty-four (24) ship at the effective date of this Or- this Ordinance, the Board of Appeals, square feet, will he permitted on each dinance, of a width less than one hun- as hereinafter provided, may permit five hundred (500) feet to one thous- dred (100) feet or of an area less than the less restricted use to extend to the and (1000) feet of frontage on the twelve thousand five hundred (12,500) whole or any part of such lot. highway or highways on which the feet, a single family dwelling may be ARTICLE III property fronts, PROVIDED said sign built thereon with side yards reduced "A" Residential and Agricultural is set back not less than the front yard fifty (50) percent and when further re- District restrictions required and not less than duced as a special exception by the SECTION 300-In the "A" Residen- ten (10) feet from each side line and Board of Appeals as hereinafter pro- tial and Agricultural District, no build- the bottom of sign be placed not less vided. • ing or premises shall be used and no than three (3) feet above the ground. SECTION 308-"A" REAR YARD- building shall be hereafter erected or If the property should have a frontage In the "A" Residential and Agricultur- altered unless otherwise provided In of less than five hundred (500) feet, al District, there shall be a rear yard this Ordinance, except for one (1) or the sign permitted shall have an area having a minimum depth of twenty- more of the following uses: of not more than twelve (12) square five (25) feet. I-One (1) family dwellings. feet and the same restrictions shall PROVIDED that, in case of a lot Page 2 held In single and separate ownership 8-Restaurants, bakery shops, con- each ten (10) feet or fraction therof at the effective date of this Ordinance, fectionery or ice cream shops or fac- which the building exceeds forty (40) having a total depth of less than one torles. feet in height. hundred (100) feet, a single family 9-Public garages or automobile ser- SECTION 407-"13" DENSITY OF dwelling may be built thereon with a vice stations when approved as a spec- pOPULATION-In the «B" Business rear yard of less than twenty-five (25) ial exception by the Board of Appeals District, no building shall hereafter be • feet, when authorised as a special ex- as hereinafter provided. erected or altered to accommodate or ception by the Board of Appeals as 10-Storage houses, stables, express, make provisions for more than twenty hereinafter provided and PROVIDED carting or hauling offices or stations, (20) families on one (1) acre of ground further that in no case shall the rear ice manufacturing, yards for storage or more than a proportional number of yard be less than fifteen (15) feet. and sale of coal and building materials. families on a fractional part of any SECTION 309-"A" ACCESSORY 11-Newspaper offices or job printing, acre of land, based on the require- BUILDINGS-In the "A" Residential book binderies, laundries, dry cleaning ments as outlined above. and Agricultural District, accessory or dyeing, undertaking establishments. SECTION 408-COMMERCIAL AD- buildings may occupy forty (40) per- 12-Creamery, butter or cheese VERTISING BOARDS - In the "B^ cent of the required rear yard up to making, milk bottling or distributing Business District, commercial advertis- an average height oI eighteen (18) feet. stations. ing boards shall not exceed six (6) feet The yard area allowed by such ac- 13-Shops for carpenters, plumbers, high by ten (10) feet long, the bottom cessory buildings shall be included in blacksmiths, upholsterers, electricians, of which shall be at least three (3) computing the percentage of lot area tinsmiths, paper hangers, painters, feet from the ground and so placed as to be built upon and PROVIDED tailors, dressmakers, millinery shop, to be at least five (5) feet distant from further that no building of any kind shoemakers, jewelers, watch and clock all street and property lines. or nature shall be built within three makers, opticians, musical or scientific SECTION 409-"B" SIZE OF LOT- (3) feet of any lot line. instruments, pet animals and other AREA-In the "B" Business District, SECTION 310-OFF-STREET PARK- trades or uses of a similar grade. no building shall be erected or altered ING AREA-In "A" Residential and 14-Commercial docks, piers, ferry on a lot of an area less than seventy- Agricultural Districts, no building shall slips, ferry houses, fishing stations, five hundred (7,500) square feet or be hereafter erected or altered or boat yards, bus stations and terminals. upon a lot having a frontage of less added to in excess of fifty (50) percent 15-Any manufacturing, fabricating, than fifty (50) feet. of its area prior to the adoption of treating, converting, finishing, altering SECTION 410 - OFF - STREET this Ordinance, unless not less than or assembling, in connection with the PARKING AREA - In "B" Business one (1) parking space for each family aforesaid permitted uses and which is District, no building shall be hereafter unit therein shall be provided for. For a necessary incident and accessory to erected, or altered or added to in ex- all places of public assembly Including the preparation of articles to be sold cess of fifty (50) percent of its area auditoriums, churches and similar pub- primarily on the premises or to the prior to the adoption of this Ordinance, lic gathering places erected, there shall performing of a service primarily for unless a minimum provision for off- be provided not less than one (1) park- residents of the neighborhood. street parking shall be made as follows: ing space for each seven (7) permanent 16-Accessory use on the same lot (a) Hospitals - One (1) parking • seats in such buildings or for each with and customarily incidental to any space for every four (4) beds. part of the total area within such of the above permitted uses. (b) Theatres-One (1) Parking space building or structure as is or may be SECTION 401. No building may be for every (7) seats. made available for seven (7) perman- erected, altered, or used, and no lot or (c) Dwellings - One (1) parking ent or temporary seats. The formula premises except for agriculture may be space for every dwelling unit for providing an adequate parking used for any trade, industry or business (d) Hotels - One (1) parking space area is an area of three hundred thirty- that has been adjudicated a public for every two (2) rooms. four (334) square feet per required mo- nuisance by a court of record. (e) All places of public assembly for vehicle unit SECTION 402-"B" HEIGHT-In such as auditoriums, churches and for ARTICLE IV the "B" Business District, no building similar uses - One (1) parking space "B" Business District hereafter erected or altered shall ex- for each seven (7) permanent seats or SECTION 400-In the "B" Business teed fifty (50) feet. an area equivalent to seven (7) per- District, no building or premises shall SECTION 403-"B" BUILDING manent seats. be used, and no building shall be here- AREA-In the "B" Business District, (1) All structures where offices or after erected or altered unless other- no building shall be erected or altered living quarters are provided over the wise provided In this Ordinance, ex- or used in whole or in part as a dwell- first floor, an additional space shall be cept for one (1) or more of the fal- ing. to exceed seventy (70) percent of provided for each office or for each lowing uses: the lot area. dwelling unit. 1-One (1) family or two (2) family SECTION 404-"B" FRONT YARD- (g) All other business buildings dwellings; multiple family dwellings In the "B" Business District, the re- where the ground floor area is in ex- (provided all requirements as are out- quired front yard shall be at least cess of two thousand five hundred lined In "A" Residential and Agricul- twenty-five (25) feet. (2,500) square feet - One (1) parking tural District are complied with). SECTION 405-Where property In space for each two hundred (200) 2-All permitted uses as outlined in the vicinity is partly built up with square feet of building area or frac- 'A" residential and Agricultural Dis- permanent buildings and an average tion thereof in excess of two thousand trict. setback line has been established, no five hundred (2,500) square feet. 3-Hotels, motels, motor lodges, buildings hereafter erected or altered The formula for providing an ade- boarding houses and similar establish- shall project beyond the line of the quate parking area is an area of three ments. average setback so established. hundred thirty-four (334) square feet 4-Hospitals and clinics, other than SECTION 406-"11" REAR YARD- per required motor vehicle unit. those for infectious or contagious dis- In the "B" Business District, if a build- ARTICLE V eases, or insanity or mental diseases, ing is used In whole or In part as a "C" Industrial District or liquor or drug addicts. having a minimum depth of fifteen SECTION 500-In the "C" Industrial 5-Offices, banks, financial institu- dwelling, there shall be a rear yard District, all buildings and premises, ex- tions, telephone, telegraph, gas or elec- (15) feet. PROVIDED further that, in cept as otherwise provided in this tric business. the case such building is over forty (40) - Ordinance,- may be used for any use - - 6-Stores. feet high, the depth of the rear yard except the following: 7-Places of amusement. shall be increased five (5) feet for 1-Abattoirs (except as a special ex- Page 3 ception by the Board of Appeals as In the "C" Industrial District, if a be deemed to apply to the temporary hereinafter provided). building is used in whole or in part as or seasonal camp of any unit of the 2-Acetylene gas manufacture or gas a dwelling, there shall be a rear yard Boy Scouts of America or the Girl ' manufacture from coal, coke, petroleum having a minimum depth of fifty (50) Scouts of America or other such or- or from any other product or the stor- feet. ganizations under the leadership pro. age thereof. SECTION 502-COMUMCIAL AD- vided by said mBanivationa respec- 3-Acid manufacture. VERTISING BOARDS-In the "C" In- tlvely. • 4-Ammonia, bleaching powder or dustrial District, commercial adverbs- ARTICLE VII chlorine manufacture. tng boards shall not exceed six (6) feet Applications and Fermits 5-Arsenal. high by ten (10) feet long, the bottom SECTION 700. It shall be the duty 6-Asphalt manufacture. of which shall be at least three (3) of the Building Inspector, or such per- 7-Blast furnace feet from the ground and so placed as son as designated by the Town Board, . 8-Cement, lime, gypsum or plaster to be at least five (5) feet distant from and he is hereby given the power and of parts manufacture. all street and property lines. authority to enforce the provisions of 9-Coke ovens. SECTION 503-"C" FRONT YARD- this Ordinance. 30-Crematories. In the "C" Industrial District, the re- SECTION 701-The Building Inspec- 11-Distillation of bones. quired front yard shall be at least for shall require that the application 12-Dwellings, all types. thirty (30) feet, provided further that for a building permit and the aceom- 13-Explosives, manufacture or stor- where property is bounded on any side ponying plot plan shall contain all the age. by a railroad right-of-way or on a rear information necessary to enable him 14-Fat rendering. line by a railroad right-of-way, there to ascertain whether the proposed 15-Fertilizer manufacture shall be a setback along the entire building complies with the provisions 16-Fire works manufacture. length of such railroad right-of-way of this Ordinance. 17-Garbage, offal or dead animals, or private right-of-way of at least SECTION 702-No building permit reduction or dumping (except as a thirty (30) feet. shall be issued until the Building In- special exception by the Board of Ap- SECTION 504-"C" SIZE OF LOT- spector has certified that the proposed peals as hereinafter provided) . AREA-In the "C" Industrial District, building or addition complies with all 18-Glue, size or gelatine manufac- no building shall be erected or altered the provisions of this Ordinance. ture. on a lot of an area less than twelve SECTION 703-A permit will be re- 19--Gunpowder manufacture or stor- thousand five hundred (12,500) square quired prior to the commencing of work age. feet or upon a lot with a frontage of for the erection or additions to all resi- 19A-Automobile wrecking and all - less than one hundred (100) feet. dence, business and industrial build- other junk yards. SECTION 505 - OFF - STREET Inge. Accessory buildings including all 20-Oilcloth or linoleum manufacture. PARKING AREA-In the "C" Indus- types of farm buildings except migrant 21-Olled, rubber or leather manufac- trial District, no building shall, be camps do not require a permit provided ture. - hereafter erected or altered or added that all use, height and yard require- 22-Ore reduction. to in excess of fifty (50) percent of its ments have been complied with. 23-Paint, oil, shellac, turpentine or area prior to the adoption of this Ordi- SECTION 704-All permit fees and varnish manufacture. nance, unless a minimum provision for fees for certificates of occupancy shall 24-Paper and pulp manufacture. off-street parking shall he made as be established by the Town Board. • 25-Petroleum refining. follows: SECTION 705-For each Application 26-Potash works. (a) All buildings where the ground or Appeal to the Board of Appeals as 27-Rolling mill. floor area is two thousand five hundred hereinafter provided, there shall be a 28-Rubber or gotta percha manufac- (2,500) square feet - One (1) parking fee of fifteen dollars ($15.00) accom• ture. space for each two hundred (200) ponying the Application or Appeal. 29-Salt works. square feet of building area or fraction SECTION 706-All permits shall ex- 30-Sauerkraut manufacture thereof in excess of two thousand five pire in one (1) year of Issuance thereof, 31-Shoe blacking or stove poilsh man- hundred (2,500) square feet. the renewal fee to be one half ('h) ufacture. (b) All places of public assembly - the original fee. 32-Smelting. One (1) parking space for each seven SECTION 707- For each proposed 33--Soap manufacture. (7) permanent seats or an area equiv- change of the Ordinance or change of 34--Stockyards or slaughter houses alent to seven (7) permanent seats. the Zoning Map as provided by Section (except-as a special exception by the (c) All structures where offices are 902 of Article IX of this Ordinance, Board of Appeals as hereinafter pro- provided over the first floor - An ad- there shall be a fee of twenty-five dol- vided). ditional parking space shall be pro- Lars ($25.00) accompanying the petition. 35--Stone mill or quarry, vided for each office. ARTICLE VIII 36-Struetural steel or pipe works. The formula for providing an ade- Board of Appeals 37-Sulphuric, nitric or hydrochloric quate parking area is an area of three SECTION 800 - The Town Board acid manufacture. hundred thirty-four (334) square feet shall appoint a Board of Appeals con- 38-Sugar refining, per required motor vehicle unit. sisting of five (5) members as provided 39-Tar distillation or manufacture. ARTICLE VI by the Town Law. 40-Tar roofing or waterproofing man- Tourist Camps, Camp Cottages SECTION 801-A-The Board of Ap- ufacture. and Trailers peals, may, In a specific case after pub- 41-Tallow, grease or lard manufac- SECTION 600 - PERMITS RE- lic notice and hearing, and subject to ture. QUIRED-No tourist camp shall be es- appropriate conditions and safeguards, 42-Tanning, curing or storage of tablished, maintained or operated in determine and vary the application of rawhides or skins. any district, nor shall any tent, tent- the regulations herein established in 43-Tobacco (chewing) manufacture house, camp-cottage, house-car or harmony with their general purpose or treatment. trailer, to be used or occupied as a and intent as follows: 44-Vinegar manufacture, place for living, sleeping or eating, B. VARIANCE POWERS. (MAT- 45-Yeast plant whether charge is or is not made, be TERS OF APPEAL TO THE BOARD And in general those uses which erected or placed therein, unless au- OF APPEALS). • are authorized as a special exception thorized by the Town Board pursuant Where there are practical. ditflcul- by the Board of Appeals as hereinafter to the provisions of the Trailer Camp ties or unnecessary hardships in the provided. Ordinance dated June 30, 1953. way of carrying out the strict letter of SECTION 501-"C" REAR YARD- SECTION 604-Article VI shall not these regulations, the Board of Appeals Page 4 f ~hall'have the power to vary or modify tional facilities, if existing, or if pro- ten (10) feet, the said minimum rear the application of such regulations 60 posed by the Town or by other com- and side yards shall be increased by that the spirit of the Ordinance shad petent Governmental agency; one (1) foot for each additional ten be observed, public safety and welfare (8) To the necessity for bituminous (10) feet of such extension. • secured and substantial justice done. surfaced space for purposes of off- SECTION 802-The Board of AP- 0. SPECIALPOWERS AND RULES. street parking of vehicles Incidental peals shall make rules as to the man- (MATTERS OF ORIGINAL JURIS- to the use, and whether such space Is ner of filing appeals or applications DICTION AND BY APPLICATION TO reasonably adequate and appropriate for special exceptions or variances THE BOARD OF APPEALS). and can be furnished by the owner SECTION 803-Upon the filing with (I) Whenever a use, or the location of the plot sought to be used within the Board of Appeals of an appeal or thereof, is permitted only if the Board or adjacent to the plot wherein the of an application for special exception of Appeals shall approve thereof, the use shall be had; or variance, the Board of Appeals shall Board of Appeals may, in a specific (9) Whether a hazard to life, limb fix a time and place for a public hear- case and after notice and public hear- or property because of fire, flood, ing thereon and shall give notice there- ing, authorize such permissive use and erosion or panic may be created by of as follows: its location within the district in which reason or as a result of the use, or (a) By publishing a notice thereof this Ordinance specifies the permissive by the structures to be used therefor, in accordance with the Town Law. use may be located, subject, however to or by the inaccessibility of the prop- ARTICLE I.Y the following: erty or structures thereon for the con- Amendments (a) Before such approval shall be venient entry and operatoin of fire and SECTION 900-The Town Board given, the Board of Appeals shall de- other emergency apparatus or by the upon its own motion or by petition termine:- . undue concentration or assemblage of may, from time to time, amend, sup- (1) That the use will not prevent persons upon such plot; plement, change, modify or repeal this the orderly and reasonable use of ad- (10) Whether the use, or the strut- Ordinance including the Zoning Map, jacent properties or of properties in tures to be used therefor, will cause by proceeding in the following manner: adjacent use districts; an overcrowding of land or undue con- SECTION 9o1--The Town Board by (2) That the use will not prevent centration of population; Resolution adopted at a stated meeting the orderly and reasonable use of per- (11) Whether the plot area Is suf- shall fix the time and place of a mitted or legally established uses In ficient, appropriate and adequate for public hearing on the proposed amend- the district wherein the proposed use is the use and the reasonably anticipated ment and cause notice thereof to be to be located or of permitted or legally operation and expansion thereof; and given as follows: establishes uses In adjacent use dis- (12) Whether the use to be operated (a) By publishing a notice thereof tricts; is unreasonably near td a church, once a week for two (2) successive (3) That the safety, the health, the school, theatre, recreational area or weeks in two (2) Newspapers of gen- welfare, the comfort, the convenience other place of public assembly. eral circulation published in the Town. or the order of the Town will not be (c) The Board of Appeals shall, in (b) The notices shall state the lo- adversely affected by the proposed use authorizing such permissive uses, im- cation and general nature of the Pro- and Its location; and pose such conditions and safeguards posed amendment. (4) That the use will be In har- as it may deem appropriate, necessary (c) The Town Board, before adver- mony with and promote the general or desirable to preserve and protect tising for public hearing, shall, in a purposes and intent of this Ordinance. the spirit and objectives of this Or- written request, instruct the Town (b) In making such determination, dinance Planning Board to prepare an official the Board of Appeals shall also give (II) When, in its judgment, the public report defining the conditions de- consideration, among other things, convenience and welfare and justice scribed In a petition and determine the to:- will be substantially served, and pro- area so affected with their recommen- (1) The character of the existing vided that the legally established or dation. and probable development of uses in permitted use of neighborhood proper- SECTION 902-In case, however, of the district and the peculiar suitability ty and adjacent use districts will not a protest against such change, signed of such district for the location of any be substantially or permanently in- by the owners of twenty (20) percent of such permissive uses; jured, the Board of Appeals may, after or more, either of the area of land (2) The conservation of property public notice and hearing and subject included in such proposed change, or values and the encouragement of the to appropriate conditions and safe- of that immediately adjacent thereto, most appropriate uses of land; guards as outlined, authorize the grant- extending one hundred (100) feet - (3) The effect that the location of ing of a permit. therefrom, or of that directly opposite the proposed use may have upon the (a) Where a district boundary line di- thereto, extending one hundred (100) creation or undue increase of vehicular vides a lot which Is proved to the satis- feet from the street frontage of such traffic congestion on public streets or faction of the Board of Appeals to have opposite land, such amendment shall highways; been in single and separate ownership not become effective except by the (4) The availability of adequate and at the effective date of this Ordinance, favorable vote of at least four (4) proper public or private facilities for and the total area of which lot has members of the Town Board. the treatment, removal or discharge not been diminished or increased since SECTION 903-At a public Hearing, of sewage, refuse or other effluent such date, the less restricted use may full opportunity to be heard shall be (whether liquid, solid, gaseous or other- be adjusted to extend to the whole or given to any citizen and all parties in wise) that may be caused or created any part of such lot but not more than interest. by or as a result of the use; fifty (50) feet beyond the boundary ARTICLE R (5) Whether the use, or materials line of the use district in which said General Provisions incidental thereto, or produced there- lot is located. SECTION 1000-In a Residential and by, may give off obnoxious gases, odors, (b) If the less restricted use shall Agricultural District wherea lot abuts smoke or soot; be extended ten (10) feet or more on a parkway, the lot shall be con- (6) Whether the use will cause dis- within a residential use district, a sidered to front and have a front yard turbing emissions of electrical dis- permanent open space for a rear and on the street and also on the parkway charges, dust, light, vibration or noise; side yard - of not less than ten (10) and where the building accords with (7) Whether the operations in pur- feet- shall be provided for and main- this section, a private accessory garage nuance of the use will cause undue tained within the lot area as so ex- may be incorporated in the building or interference with the orderly enjoyment tended. Also in such event, If the less attached thereto regardless of distance by the public of parking or of recrea- restricted use be extended more than from streets. Page 5 SECTION 1001 - Notwithstanding SECTION 1006--On any corner lot, be the minimum requiremnts for the any other provisions of this Ordinance no wall, fence or other structure shall promotion of the health, safety, morals all automobile or other junk yards in be erected or altered, and no hedge, or the general welfare of the Town. It existence and In effect at the date of tree, shrub, or other growth shall be is not intended by this Ordinance to in- this ordinance shall within the ex- maintained which may cause danger terfere with or abrogate or annul any piration of 3 years from same provide to traffic on a street by obscuring the Town Building Code, or any rules and suitable screening in the form of solid view, minimum of twenty (20) feet. regulations adopted or issued there- • fencing or hedges completely around SECTION 1007 - NON-CONFORM- under, or the rules and regulations of the periphery of the area used for such ING USES-The lawful use of a build- the Department of Health of the Omm- storage purposes, and the type of fence Ing existing on the effective date of ty of Suffolk, and not In conflict with or hedge shall be subject to the ap- this Ordinance, or authorized by a any of the provisions of this Ordin- proval of the Planning Board. building permit issued prior thereto, ance; PROVIDED, however, that SECTION 1002 - Notwithstanding may be continued although such use where this Ordinance imposes a greater any other provisions of this Ordinance, does not conform with the provisions restriction upon the use of buildings or any sign or commercial billboard in ex- of this Ordinance and such use may be premises or upon the height of the istence at the effective date of this or- extended throughout the building law- building, or requires larger open spaces dinance In a Residential and Agricul- fully acquired previous to the said date. than are imposed or required by such tural District, shall, at the expiration A non-conforming use of a building Ordinance, rules and regulations, the of five (5) years from such date, be may be changed to a use of the same provisions of this Ordinance shall con- discontinued. The Board of Appeals or higher classification according to trol. may, however, permits Its continuance the provisions of this Ordinance. SECTION 1011-REMEDIES-In case as s special exception as herein pro- Whenever a district shall hereafter be any, building or structure Is erected, vided. changed, any then existing non-con- constructed, reconstructed, altered, re- SECTION 1003-The Planning Board forming use of a building In such paired, converted or maintained, or shall study the application of this or- changed district may be continued or any building, structure or land Is used dlnance and shall, from time to time, changed to a use of a similar or higher In violation of this Ordinance, or of recommend to the Town Board such classification, provided all other regu- any regulations made pursuant thereto, changes In the Ordinance and in the lations governing the new use are com- in addition to other remedies provided boundaries of the various districts as plied with. Whenever a non-conform- by law, any appropriate action or pro- it shall deem advisable to further pro- Ing use of the building has been dis- ceeding whether by legal process or mote the health, safety, morals or the continued for a period of more than otherwise, may be Instituted, or taken general welfare of the community. two years, or changed to a higher to prevent such unlawful erection, con- SECTION 1003x. - All labor camps classification, or to a conforming use, struction, reconstruction, alteration, re- where provision is made for the hous- anything in this Section to the con- pair, conversion, maintenance or use, Ing and feeding of transient help re- trary notwithstanding, the non-con- to restrain, correct or abut such vio- gardless of the number to be accom- forming use of such building shall no lation, to prevent the occupancy of said modated, shall first meet all require- longer be permitted unless a variance building, structure or land or to pre- ment of existing law. Farm labor to such non-conforming use shall first vent any illegal act, conduct, business camps on farms shall not be located have been granted by the Board of or use In or about such premises nearer to any other residence than to appeals. SECTION 1012 - PENALTIES-For the residence of the employer except SECTION 1008 - TIDAL LANDS- any and every violation of the pro- ws a special exception by the Board When the tidal lands are not shown as visions of this Ordinance, the owner, of Appeals. The location of any other zoned on the Zoning Map, they shall general agent, or contractor of a build- labor camp or camps not on farms shall be considered to lie within the "A" mg or premises, where such violations be subject to the approval of the Zon- Residential and Agricultural District but have been committed or shall exist, Ing Board of Appeals. no structure erected therein shall be and the general agent, architect, build- SECTION 1004-In any district, no erected upon such lands owned by the er, contractor or any other person who Public Garage for more than three (3) Town of Southold except upon the ap- knowingly commits, takes part or as- motor vehicles and no gasoline vending proval of the Board of Town Trustees. sists in any such violation or who station shall be erected or altered and SECTION 1009-VALIDITY-Should maintains any building or premises in used within two hundred (200) feet of any section or provision of this Or- which any such violation shall exist, any premises used for a public school, dinance be declared by a court of shall be guilty of a misdemeanor. Each public library, church, hospital or or- competent jurisdiction to be Invalid, week's continued violation shall con- phanage. such decisions shall not effect the val- stitute a separate additional violation. SECTION 1005-PUBLIC PARKING tdlty of the Ordinance as a whole or Such fines or penalties shall be col- PLACEyS-NO public parking place any other part thereof. lected as like fines are now collected shall be conducted in any district ex- SECTION 1010-INTERPR rATION, by law. cept as a special exception by the PURPOSE AND CONFLICT-In inter- Board of Appeals. pretmg and applying the provisions of this Ordinance, they shall be held to ADOPTED BY THE SOUTHOLD TOWN BOARD ON APRIL 9, 1957 • Page 6 Exhibit G: Copy of the Commercial Package Policy - Common Policy Declarations establishing the value of subject premises. • • &ICA NATIONAL INSURAP' 7 GROUP GRAPHIC ARTS MUTUAL INSURANCE CO. Y2229 180 GENESEE STREET MCMANN-PRICE AGCY INC NEW HARTFORD, NY 13413 828 FRONT STREET r P.O. BOX 2065 GREENPORT, NY 11944 ICY NUMBER: CPP 1666755 (516) 477-1680 NAMED INSURED:~JERAD MOTEL CORP. `j (,BOOS ADDRESS: NORT+FR)AD- ROUTE 48 GREENPORT, NY 11944 N1 BUSINESS DESCRIPTION: MOTEL POLICY PERIOD: FROM 06-10-94 TO 06-10.95 12:01 A.M. Standard Time at your address shown above. In return for the payment of the premium and subject to all terms of this policy, we agree with you to provide the Insurance as stated In this policy. COMMERCIAL PACKAGE POLICY - COMMON POLICY DECLARATIONS THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS FOR WHICH A PREMIUM IS INDICATED. THIS PREMIUM MAY BE SUBJECT TO ADJUSTMENT. "'PREMIUM Commercial Property Coverage Part ` $ 7,737.79,, 1 1 r Commercial General Liability Coverage Part $ 1 , 764 Commercial Crime Coverage Part $ ~I'e+ E~ Ji ,1 ~ t7 Commercial Inland Marine Coverage Part $ { Ji Commercial Auto Coverage Part $ f TOTAL $ 9,501.724:ggJg4• i av ,1 7 .7 IV S 7s • Awhadi *ProsemslNS a y4 4 Irl. I CPP 03 1 1666755 THESE DECLARATIONS TOGETHER WITH THE COMMON POUCY CONDITIONS, COVERAGE PART DECLARATIONS, COVERAGE PARR COVERAGE FORM(S) AND FORMS AND ENDORSEMENTS. IF ANY, ISSUED TO FORM M A PART THERECA, COMPLETE THE ABOVE NUMBERED POLICY. 8-0-CL Ed. 06-92 Includes eoeydghled mlbrisl ollrourence Services ORkCt Rmlulon. Copyrlght, Insurance SeMCn Okleo he., 1999 , 1964 s~~l'~dDU , 06-03-9d Iee.ll ,eP\O 11 V11Y, 1\1 IVYIV ,,,VLV IIVI\' Vill"t, raw BOX 2085 f L LI 1k,ltp' Gb18~' T~ 880 4 x POLICY NUMBER:' CPP 1666755 r$ +r g RENEWAL OF CPP 1666755 Fr; u NAMED INSURED: JERAD MOTEL CORP. ' 'a'f NN, t~ 4~t ! 1" i "Sy"yM~i'1 y 1 r~.,, 1 r J1t_~ yv ADDRESS: NORTH ROAD- ROUTE 48 GREENPORT, NY 11944 BUSINESS DESCRIPTION: MOTEL POLICY PERIOD: FROM 06-10-94 TO 06-10-95 12;01 A,fyi., Standard Time at your address shown above. In return for the payment of the premium and subject to all the terms cf•thls policy, we agree with you to provide the Insurance as stated in this policy. COMMERCIAL PROPERTY COVERAGE PART-DECLARATIONS r; Deductible is $i~ 250' j for Building and Business Personal Property coverages, unless otherwise noted below. See below and coverage forms for deductible(s) applicable to other Items 4Y LIMIT OF LOC/ FORM BLDG. NUMBER DESCRIBED PREMISES AND COVERAGES :'.INSURANCE PREMIUM 001 MOTEL NO. ROAD ROUTE'48 GREENPORT NY 11944 w 7. PROTECTIOA CLASS 06 S, 001-001 2cLa"t " MOTEL CP0010 BUILDING r $ 500,000 $ 4;2'675 FRAME C1`1010 CAUSES OF LOSS 4BASIC ' 80% COINSURANCE • ACTUAL CASH VALUE MOTEL CP0010 PERSONAL PROPERTY i $ 40,000 $ 15 CP1010 CAUSES OF LOSS- BASIC + M 80% COINSURANCE Ott , ACTUAL CASH VALUE s i'v 7+,n y a . ( 1 ..f} Yil.k. iYr Sk7, k.e Y( Y4 .¢i R 1 NEW YORK, FIRE INSURANCE FEE $ 79.72 Ip t`(fi , a . t PREMIU~yM for.this Coverage Part 37.72 FORMS AND ENDORSEMENTS APPLYING TO THIS COVERAGE PART 1' , y4 j,o 111111 ; -41 SEE 8-S-1018 ,.f"Y~ MORTGAGE HOLDER: er j S Vsf~ a 1 CPP CP 03'`1 '1666755'' # A9lnenne THESE DECLARATIONS AND THE COMMON. POLICY DECLARATIONS, IF APPLICABLE, TOGETHER. .,,Me. ~ IONS, COVERAGE FORM(S) AND FORMS AND ENOOR6EMENTS,' IF ANY, ISSUED TO FORM A PART THEREOF, COMPLETE THE At , *=11RED POLICY. ~P Ed. 01.92 Includes copyrighted materiel of Insurance Same,, 0119ce, Inc., With ILA permission. Copyright, Insurance SeMces ORles, Inc., 1980, 1984 PRODUCER 06-03-94 POLICY NUMBEp ' ..CPP 1668756 5f:; r r v nyno2 rwR+° ~~A~ wi j u"t DESCRIPTION OF PREMISES AND COVERAGES PROVIDED Loc/ 9 Bldg. Described Premises and Coverages Insurance Premium 40 CC P0030 BUSINESS INCOME'INCL., EXTRA EXPENSE 50 000 $ 308 CPOOIO Limit of CAUSES OF LOSS-BASIC ' MONTHLY LIMIT OF INDEMNITY: 1/4 001-00 MOTEL GwP-~ BUILDING' FRAME 500,000 $ 2,675 CP1010 CAUSES OF LOSS-BASIC 80% COINSURANCE ACTUAL CASH VALUE MOTEL CP0010 PERSONAL PROPERTY 40,000 $ 215 CP1010 CAUSES OF LOSS-BASIC 80% COINSURANCE CP0030 BUSINESSAINCOMEUINCL. EXTRA EXPENSE 50,000 $ 308 C131010 CAUSES OF LOSS-BASIC 001-00 MONTHLY LIMIT OF INDEMNITY: 1/4 MOTEL &[e CP0010 BUILDING FRAME 50,000 $ 268 CP1010 CAUSES OF LOSS-BASIC 80% COINSURANCE ACTUAL CASH VALUE MOTEL CP0010 PERSONAL PROPERTY 5,00 $ 27 CP1010 CAUSES OF LOSS-BASIC 80% COINSURANCE 001-004 ACTUAL CASH VALUE MOTEL' Li~a Q~ CP0010 BUILDING 60,000 $ 226 • JOISTED MASONRY CP1010 CAUSES OF LOSS-BASIC 80% COINSURANCE ACTUAL CASH VALUE MOTEL. CP0010 PERSONAL PROPERTY " 5,000 19 CP1010 CAUSES OF LOSS-BASIC 80% COINSURANCE 001.005 ACTUAL CASH VALUE MOTEL CPO010 BUILDING FRAME 200,000 $ 664 CP1010 CAUSES OF LOSS-BASIC 80% COINSURANCE ACTUAL CASH VALUE FORMS AND ENDORSEMENTS APPLYING TO THIS COVERAGE PART- CONTINUED: SEE 8-S-1018 8-D-CP(s) Ed. 01.92 • PRODUCER SUPPLEMENTAL DECLARATIONS POLICY NUMBER: CPP 1666755 • DESCRIPTION OF PREMISES AND COVERAGES PROVIDED Loc/ Form Limit of Bldg. Number Described Premises and Coverages Insurance Premium CP0010' PERSONAL. PROPERTY"'~ CP1010 CA SES OF LOSS-BASIC 15,000 $ 58 80% COINSURANCE ACTUAL CASH VALUE • FORMS AND ENDORSEMENTS APPLYING TO THIS COVERAGE PART- CONTINUED: S 8-S-1018 8-D-CP(S) Ed. 01-92 PRODUCER SUPPLEMENTAL DECLARATIONS • Named Insured: JERAD MOTEL CORP. Forms and Endorsements applying to this Coverage Part and made part of this policy at time of Issue: FORM EDITION TITLE IL0017 1185 COMMON POLICY CONDITIONS CP0090 0788 COMMERCIAL PROPERTY CONDITIONS CP0010 0788 BUILDING 8 PERSONAL PROPERTY COVERAGE FORM GP0133 0592 NEW YORK CHANGES IL0268 0490 NEW YORK CHANGES - CANCELLATION AND NONRENEWAL CP0030 0788 BUSINESS INCOME COVERAGE FORM (AND EXTRA EXPENSE) %'CPIOIOT7777'0788T CAUSES OF LOSS-BASIC FORM ' • B-S-1018 Ed. 9-90 PRODUCER CA/CG/CIM/CP/CR • Exhibit H: Copy of Sworn Statement in Proof of Loss establishing the value of hotel unit lost by fire. • • SWORN STATEMENT IN PROOF OF LOSS ruol 66755 r•"T1r[ ~e_n!p 9 4209 95 POLICY NUMBER P 11^G TO APPU,'AWS AND Ct AIMANTS, OUR I No. , : 500. 000. plia;ioa ci rllm L,nr rv;.irh crndoins 89197 AMOUNT OF POLICY AT 1IME OF -LOSS "nation, or b~llicl, c,.; dal,.r'nlly COMPANY CLAIM NO. M:tsMule _ft/10/94 r' inSLr?nCa ac!: vrhich :.rimes as defined and pun. Greenport, T DATE ISSUED raw Arlicle 176 of the Pcnal Law. AGENCY A • 6/10/95 McMann Price > DATE EXPIRES AGENT Tothe UTICA MUTUAL INSURANCE COMPANY of At time of loss, by the above indicated policy of insurance you insured JERAD MOTEL a SUttSe O e against loss by FIRE to the property described under Schedule "A," according to the terms and conditions of the said policy and all forms, endorsements, transfers and assignments attached thereto. 1. Time and Origin: A FIRE loss occurred about the hour of -o'clock-M., on the 4 day of_APri1 19---9-5. The cause and origin of the said loss were: FIRE 2. Occupancy: The building described, or containing the property described, was occupied at the time of the loss as follows, and for no other purpose whatever: 3. Title and Interest: At the time of the loss the interest of your insured in the property described therein was OWNER No other person or persons had any interest therein or encumbrance thereon, except: 4. Changes: Since the said policy was issued there has been no assignment thereof, or change of interest, use, occupancy, possession, location or exposure of the property described, except: 5. Total Insurance: The total amount of insurance upon the property described by this policy was, at the time of the loss, $ Sn(L, nnn , as more particularly specified in the apportionment attached under Schedule "C," besides which there was no policy or other contract of insurance, written or oral, valid or. invalid. 6. The Actual Cash Value of said property at the time of the loss was $ 7. The Whole Loss and Damage was . 36 228.00 Less Advance: 8. Less Amount of Deductible . E - 250.00 9. The Amount Claimed under the above numbered policy is . $ 339, 978.00 The said loss did not originate by any act, design or procurement on the part of your insured, or this aRiant; nothing has been done by or with the privify or consenf'of -your-insured or this affiant, to violate the conditions of the policy, or render it void; ` no articles are monfioned herein or in annexed schedules but such as were destroyed or damaged at the time of said loss; no property saved has in any manner been concealed, and no attempt to deceive the said company, as to the extent of said loss, has in any manner been made. Any other information that may be required will be furnished and considered a part of this proof. The furnishing of this blank or the preparation of proofs by a representative of the above insurance company is not a waiver of any of its righfs. State of NEW '10111C County of 5WPr!ML.1L xx ~ insured bscri and sw n t afore ma this day of~U6tf5191~ s LESLIE J. SAUER Notary Public NoloryPuWkrSiolooFNewYork NaS0184fI, Suffolk COO* T Fo,m No. 3901A (OVER) Term EXptrer Sep, 20,19.25' SCHEDULE "A"-POLICY FORM Policy Form No. Dated it ("JI., :'i Item 1. $ on Item 2. on • Item 3. - ' on Item 4. j o Situated_ Rt.' '4'81,WGreenport, NY Coinsurance, Average, Distribution, or Deductible Clauses, if any Loss, if any, payable toASSURED SCHEDULE "B" STATEMENT OF ACTUAL CASH VALUE AND LOSS AND DAMAGE ACTUAL CASH LOSS AND VALUE DAMAGE ofalr: SCHEDULE "C"-APPORTIONMENT POLICY NO. EXPIRES NAME OF COMPANY ITEM NO ITEM NO INSURES PAYS INSURES PAYS Totals: djuster "RECEIPT FOR PAYMENT Received of (insurer) of Dollars i ) full satisfaction and indemnity for all claims and demands. uporl said company on account of said loss and damage and the d policy is hereby (State whether Reduced, Reduced and Reinstated or Canceled by payment.) Dated 19 The Insured Dated 14__ The Mortgagee APPEALS BOARD MEMBERS ~O~~SpFFO(,~~0 Gy Southold Town Hall Gerard P. Goehringer, Chairman o° 53095 Main Road Serge Doyen, Jr. C4 x P.O. Box 1179 James Dinizio, Jr. O Southold, New York 11971 Robert A. Villa y~fj O~ Fax (516) 765-1823 Lydia A.Tortora Ol ~a Telephone(516)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS AND DETERMINATION Appl. No. 4341: Matter of the Application of JERAD MOTEI. 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 contains 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 Cc-~o ber It, 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 ail testimony and documentation submitted concerning this application; and WHEREAS, 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. 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 requirement of this Section. Action required by the Zoning Board of Appeals. Action also required by the Town Planning .Board 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 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 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, coastal hazard erosion line, two-foot contour elevations, entrance, and other specific details. C) The construction diagram of the subject two-story building is undated, was prepared by Robert J. Gruber as #95035, Drawings No. 1, 2 and 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 line (near the North Road), 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 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 building 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 disapproval. 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 buildings 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 making 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. Board 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. Steinke 7 Wisc 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 has 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 REVERSE 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, Dinizio, Tortora, and Villa. This resolution was unanimously adopted. s x s lk GER.ARD P. GOEII INGl /K CHAIR - ,e Ice COUNTY OF SUFFOLP ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING STEPHEN M. JONES, A.I.C.P. DIRECTOR OF PLANNING November 2, 1995 Town of Southold Zoning Board of Appeals Re: Application of "Jerard Motel Corp." Town of Southold (#4341). Gentlemen: Pursuant to Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application is not within the jurisdiction of the Suffolk County Planning Commission. Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G. Newman Chief Planner GGN:gcc A:TORWSDM43412NJ 220 RABRO DRIVE ¦ P.O. BOX 6100 ¦ HAUPPAUGE. LONG ISLAND. NY 11788-0099 ¦ (516) 853-5192 FAX (516) 853-4044 ~og~fFO(~ c APPEALS BOARD MEMBERS ti~~ ~Gy o Southold Town Hall Gerard P. Goehringer, Chairman 53095 Main Road Serge Doyen, Jr. y • ~~a P.O. Box 1179 James Dinizio, Jr. ~Oj ~a0 Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Pursuant to Arti.cie XIV of the Suffolk County Administrative Code, The Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Catmissicn: XhVttxicawaaxfvt®txtkexloxtxgxg45~g4.Article XXIV Section 100-243A & B Variance from Determination of Southold Town Building Inspector Special Exception, Article Section Special Permit XX Reversal of Action by the Building Inspector Appeal No: 4341 Applicant: Jared Motel Corp. (a/k/a Sunset Motel) Location of Affected Land: 62005 C.R. 48, Greenport, NY County Tax Map Item No.: 1000- 40-1-1 Within 500 feet of: Town or Village Boundary Line XX Body of Water (Bay, Sound or Estuary) XX State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Existing or Proposed Right-of-Way of any Stream or Drainage Channel Owned by the County or for which the county has established Channel Lines, or Within One Mile of a Nuclear Power Plant Within One Mile of an Airport Comments: Applicant is re reverse BI action and interpret to questing permission . to/ reestablish preexisting _nonconforming efficiency apartments use in the existing footprint of this preexisting building damaged recently by fire. Board determined reconstruction pertaining to nonconforminc_ Copies of Town file and related documents enclosed for your review. Dated: October 24, 1995. - y n 3f use was less than 50% of entire nonconforming use.- APPEALS BOARD MEMBERS ~gUFFO(~- ti~4\' C~Gy Southold Town Hall Gerard P. Goehringer, Chairman o° s 53095 Main Road Serge Doyen, Jr. ti x P.O. Box 1179 James Dinizio, Jr. O Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SCUT TOLD October 19, 1995 Mr. Bruce Anderson Suffolk Environmental Consulting, Inc. P. 0. 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 Board of Appeals in the above matter. Copies have been forwarded to the Offices of the Building Department and Planning Board 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 Administrative 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 Board 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, Enclosure Linda Kowalski cc: Sr. Building Inspector (Tom Fisher) Members and Staff - Town Planning Board Suffolk County Planning Commission ?ZBA Board Members APPEALS BOARD MEMBERS ~~O~OSUFfO(,~ COG Southold Town Hall Gerard P. Goehringer, Chairman c %--A4 53095 Main Road Serge Doyen, Jr. cc x P.O. Box 1179 James Dinizio, Jr. O Southold, New York 11971 Robert A. Villa y?J O~ Fax (516) 765-1823 Lydia A. Tortora 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 contains 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 0cto ber 11, 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 ail testimony and documentation submitted concerning this application; and WHEREAS, 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. 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 motet 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 requirement of this Section. Action required by the Zoning Board of Appeals. Action also required by the Town 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 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 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, coastal hazard erosion line, two-foot contour elevations, entrance, and other specific details. C) The construction diagram of the subject two-story building is undated, was prepared by Robert J. Gruber as #95035, Drawings No. 1, 2 and 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 line (near the North Road), 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 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 building 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 disapproval. 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 buildings 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 making 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. Board 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. Steinke, 7 Wisc 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 NoQ341 • 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 has 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 REVERSE 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 land 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, Dinizio, Tortora, and Villa. This resolution was unanimously adopted. s s s lk / j / GERARD P. GOER ING1ftr CHAIR / Page 4 - Appeal No&341 • Application of JERAD MOTEWSUNSET 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 has 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 REVERSE the 9/9/95 determination of the Building Inspector concerning the 8122/95 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, Dinizio, Tortora, and Villa. This resolution was unanimously adopted. s s s lk i / GERARD P. GOE Ek CHAIR RECEIVED AND FILED BY THE SOUTHOLD TOW14 CLERK DATE ir~~o/4S HOUR Q!5/Ok b~ Town Clerk, Town of Sout .cld 1'11 MEMORANDUM TO: ZONING BOARD j _ FROM: TOWN ATTORNEY - 5 !995 RE: USE VARIANCE DATE: OCTOBER 4, 1995 A use variance is granted for "the use of land for a purpose which is: a. otherwise not allowed, or b. is prohibited by the applicable zoning regulations." Therefore, your first question in reviewing the Sunset Motel application is whether the proposed use is allowed under our zoning regulations. Applicant has asked to rebuild efficiency apartments in an RR zone. In a decision dated August 18, 1993 the Zoning Board held that a transient or resort motel is not permitted by our zoning regulations to have a kitchen. Since the use itself is nonconforming, Section 100-241 seems to be the most appropriate. Section 100-242 would apply if the building was nonconforming, but the use was conforming. Another question is whether the structure can avoid the current zoning restrictions by falling with the nonconforming use sections of the code. Section 100-241 provides that a nonconforming use shall not be repaired or rebuilt unless the use is changed to a conforming use if the nonconforming use is damaged by fire or other causes to the extent of fifty percent of its fair value." The applicant has several buildings, which ; raises the question of determing the total value on which to apply the 50% test. 1 attach a copy of Pelham v. Board of Trustees (1990) 77 NY2d 66 which analyses this question. The court held that the board, in making its computation as to what percentage of the property was damaged by fire, should take into consideration all structures on the property which are devoted to "the single, integrated, nonconforming use." Pelham found that the board needs to consider the "functional interdependence" of the structures, to see if they should be valued separately or together. Page 72 of the case lists the factors that the Pelham board considered, and the court upheld that board's decision. If you decide that the motel structures can be valued independently, then more than 500 of a structure has been destroyed and Section 100-241 flatly prohibits rebuilding the nonconforming use. The Zoning Board is empowered to give relief on other types of nonconforming uses, but not for this one. If you decide that the structures are functional interdependent, you must determine the value of all the structures and determine if the cost of rebuilding exceeds 500 of that value. If the proposal cannot fall within the zoning code, the applicant must request a use variance. It is difficult to make the findings required for a use variance. The findings must be that: a. the applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence; and b. that the alleged hardship relating to the property in question is unique and does not apply to a substantial portion of the district or neighborhood; and c. that the requested use variance, if granted, will not alter the essential character of the neighborhood; and d. that the alleged hardship has not been self created. I think the toughest finding relates to financial hardship. I pass on some court holdings about this finding: -the fact that restaurant's profits would not be as large without expanded area did not constitute hardship; -the owners proof of a ten percent reduction in sales in one year was an insufficient showing of significant economic injury; -proof of a more profitable use with the variance, and assertions of community need for the service, did not warrant variance; -in order for variance to be granted, owner must show that each and every use allowed under code would not give reasonable rate of return. One extra caveat. If the applicant is requesting a use variance, then the project will probably require a SEQRA review. Most coastal properties are in a critical environmental area, which mandates such review. Of course, the necessity for this review depends on how you answer the questions raised above. 4F X/ 1 V r VM B + s VILLA F OF GREENPO R W a FRANKLIN OR, f \ 4\9p ALT 9o Cree G~ ~e ,o P/.P es I i~PS Comae v ~ Ali be t least thirty-five (35) feet ~ts area prior to the adoption of est~@had on each street, the yard thO Ordinance, unless not less than din be established on a line rum SECT street tine. one (1) parking space for each family with said average setback 'in SECT partly Where built PrcP up p with in unit therein shall be provided for. For projected to a point of intersedlOn. ~ the vicinity is s partly es permanent buildings and an average all plazas of public assembly including if no average setback lines have auditoriums, churches and similar pub- been established, the required front ~ setback line of more or less than thirty lic gathering pieces erected there shall yard shall not be less than thirty- five (35) feet has been established, no provided not less than one (U park- five (35) feet from each street line buildings, hereafter erected or altered, be ing space for each seven (7) Permanent unless decreased as a special ex- shall project beyond the line of the seats in such buildings or for each ception by the Board of Appesls 86 average sN 306--I ecase Of a art of the total area within such hereinafter Provided. SECTION the case time of of a the corner building or structure as is or may be SECTION 357-SIDE YARDS - In lot of record a at t the pas- made available for seven (7) Permaa- the "M" Multiple Residence Dis- sage of this Ordinance, a front lane eat or temporary seats. The formula trict, there shall be two (2) side shall be required; same to be a lens for providing an adequate Psr~g yards, one (1) on each side of the with the average setback lines o a both area is an area of three hundred thirty- buildings, the total aggregate of streets produced to aPoint of inter- tour (334) square feet Per required mo' both side yards shall oe twenty- section and if no average setback has five ( feet and no one (1) side been established then a front yard, tor vehicle unit yard shall be less than ten (10) ~i thirty-five (35) feet deep, shall be re- ARTICLE III A feet. quired on each street front, or may be "M" Multiple Residence District SECTION 358-REAR YARD-In decreased as a special exception by the SECTION 350-In the "M" Multiple the Multiple Residence District Board of Appeals as hereinafter Pro- Residence District, no building or there shall be a rear yard having vided. premises shall be used, and no a minimum depth of twenty-five SECTION 307-"A" SIDE YARDS- building shall be hereafter erected (y~r) feet. In the "A" Residential and Agri- or altered unless otherwise provided E1 cultural District, there shall be two in this Ordinance except for one (1) SECTION 359 - OFF-STREET the "M" (2) side yards. one (1) on each side or more use the fed i uses: PARMultipleKING AREA Residence - District, no of the buildings, the total aggregate 1. A vse permitted in an "A" building shall be hereafter erected of both sides shall be twenty-flue Residential and Agricultural DID- or altered or added to in excess of (25) feet and no one (1) side yard trict. fifty (50) percent of its area Prior shall be less than ten (10) feet. 2. Multiple dwellings designed for to the adoption of this Ordinance, PROVIDED that, in the case of and occupied by not more than unless a minimum provision for off- lot held in single and separate four (4) families. street parking shall be made as fol- ownership at the effective date of 3. Hotels, motels, and boarding lows: this Ordinance, of a width less than and tourist houses. (s) Eqs.-0One (D Parking one hundred (100) feet and of an 4. Tourist cottages. (More than family unit. area less than twelve thousand five one (1) Tourist Cottage may be per- space each f famfy and tourist hundred (12,50) feet, a single mitted on a lot when authorized (b) for houses--One Hotels, (boarding ~6 space for family dwelling may be built there- as a special exception by the Board two ne guest rooms. on with side yards reduced fifty (50) of Appeals as hereinafter provided). each and Tourist CottaBes- percent and may be further reduced 5. Accessory uses on the same (tw one (1) ot Psand space for each when authorized as a special ex- lot with and customarily incidental caption by the Board of Appeals as to any of the above Permitted uses. guest room- m Bor unit-In the "M" hereinafter provided. SECTION 351-HEIGHT- In the Multiple Residence District the fol- SEOTION 308-"A" REAR YARD- •'M" Multiple Residence Dlstilct, no lowing signs are Permitted- In the "A" Residential and Agricul- building hereinafter erected or al- Signs and as "A" tural District, there shall be a rear tered shall exceed thirty-five (35) (D Restden Signand permitted in al "A" Dis- yard having a minimum depth of feet or three (3) stones in height. trio. twenty-five (25) feet. SECTION 352-BVIIDIIIG AREA hotel, PROVIDED that, In case of a lot in the 12G' Multiple Residence Dis- (2) On premises used ~ house held in single and separate ownership trict, the total building area shall motel, boarding and at the effective date of this Ordinance, not exceed fifty (50) Percent of the purposes, unless otherwise provided t having a total depth of less than. one lot area. as a special exception by the Board t f hundred (100) feet, a single family SECTION 353-SIZE OF LOT AREA of Appel as hereinafter provided. dwelling may be built thereon with a -In. the "M" Multiple Residence one (1) advertising sign rear yard of less than twenty-five (25) District, no -building shall be erected single or double faced not exceeding feet, when authorized as a special ex- or altered on a lot having an area fifty (5) square feet in area adver-cond ceptlon by the Board of Appeals es of less than twelve thousand five using only the bus set back hereinafter provided and PROVIDED hundred (12,50) square feet and a on the premises further that in no case shall the rear frontage of lees than one hundred lie than five 1ffiet from all yard be less than fifteen (15) feet. (100) feet property SECTION 308 - "A" ACCESSORY SECTION 364-1FR01qT YARD - "Be ARSE V BIIII,DING 1a the "A" Residential in the "M" Multiple Residence and Agricultural District, accessory District, the required front yard SECTION 400-In the "B" Business buildings may occupy forty (40) per- shall be not less than thirty (30) District, no building or Premises shall cent of the required rear yard up to feet. be used, and no building shall be here- an average height of eighteen (18) feet SECTION 355-Where the property after erected or altered unless other-yard is partly the vicinity y such 84- allowed area built cessory buildings shall be bIncluded in with permanent buildings and an wine provided is this Ordinance, ex- computing the Percentage of lot area average setback line has been estab- cowl for one (1) Or more of the fol- lowing uses: to be built upon and PROVIDED 1lshed, no building hereinafter erect- 1-One (1) multiple or two (2) family further that no building of any kind ed or altered shall project beyond dwellings: mamlple family (3 other prove-dwellings. ' nature shall be built within three ethe line of stablished. the average setback so Notwithstanding any (3) feet of and lot ]tae. SECTION 35E-In the case of a signs of this Article, such dweMw SECTION 310-OFF-STREET PARK- when erected or altered in a "8" ING AREA-In "A" Residential and lea option of this tOrthe time dinance. os Business District of shall c 301 to with Section Agricultural Districts, no building shall 308 be hereafter erected or altered or front yard shall be required. When inclusive of this Ordinance. added to in excess of fifty (50) percent an average setback line has been 3 Kp Y~ 0 „ Vc ~~~gUFFO(~ PLANNING BOARD ME1110116ERS y y. GGy Richard G. Ward, Chairman co x Town Hall, 53095 Main Road George Ritchie Latham, Jr. py Southold, P. 0. Box ew York 911971 Bennett Orlowski, Jr. Mark S. McDonald 'J1p1 .1t. ~a0 Fax (516) 765-3136 Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: Gerard P. Goehringer, Chairman, Board of Appeals OCT I From: Richard G. Ward, Chairman Re: Appl. No. 4344 - AMAC, Inc. (Sukru Ilgin) Appl. No. 4341 - Jered Motel Corp. (a.k.a. Sunset Motel) Date: 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. ICI w f{ ~ M ..tell atflin Town Eff~rt~t #o, .Rebuild tai OREENPORT-SIXa mohthS::afteY i Before the tire; the Sunset Motel op- flames fanned by strong gusts blowing , erated 18 units in three buildings on off Long Island; Sound, destroyed an tbree'sohndfront acres. The building lost ft'eighi-tint building at ifili S`unsei,Motel , ; to th€° fire had four efficiency units, 0 a; 4')r 4 1, the titvnera have enco'b 16;a 8 bii - Mrs Wiederlight said, and four standard head wind in then efforts to rebuild:; room's: ' t Ori Sept. J, the town-'a bmlding' de The building department's denial is I r 7 t'i i, r partment denied the motel's application < based on the Town Board's adoption of 111 to replace the two-story, eight-umt ;'a newmaster plan six years ago. That building completely s Consumed by chahged the property's zoning from lamed` 6n April d, MYing thsi the M-1 multiple dwelling, which permits • town's 1989 zoning dodo rewrife left the ' condominiums and apartments, to RR four eflnonconficien nonconforming a 'us a enLt it preexisting Resort-Residential, which limits the * to Use loit when the rooms for transient-only stays. - "fire dam a exceeded 50 percent The building inspector's permit denial The moteh'g owriers will appeeY be hinges on the motel's request to place Ford the (oWn's $oefn,$oard of Ali- " kitchenettes in four of the units. The c peals next Wednesday, OeL 11; to ask ` motel is open seasonally from April I to for permission to replace what stood be- Oct. 31. fore the blaze. Mrs. Wiededight argues that the town 'All we want to do is rebuild what we ' erred in its interpretation of the 50 per s had," said Elien WiWerltght a member cent damage provision. Although the Plwb by R*M1MeNeh ; of the fa6tilyw6wtted pdrtndiship.-"We building was completely destroyed, it SUNRISE-Rebuilding is, planned for t4 Sunset Motel area at "right, ` had it business, and wa want to put back ' contained only eight of the motel's 18 background. a what was lost That's it."' units, she said, and that is less than 50 a ,x q« percent of the business. °z ka, "H "It's been there as a motel since the {'60s," she said. "Wby can't we continue to run it ag a motel? We want the build- ing.to look exactly like it did before the fire. Nothing would change." She said the pending application is in f > keeping. with the town's efforts to en- hance its tourism industry. The Sunset Motel blaze was Green- P 's ` largest of the year, ear requiring the . ;lam efforts of 155 volunteers from the Marion and Southold G feen rt' departments. The firefighters succeeded iti'liieiabting W flsgt6 imm V'readutg# . tothe gdjaciit budditws: No bw :wd,ht the' destroyed buildin8 when the fire ' broke out I I I II I I I I I~ 'r I I ..I 1 1 1 I I' I l ~ I i XY h Lh y ~QapG Page 6 - Setemberl5 1995 Z.B. ~ 1.0d, Z.B. p/17( gs September 15, 1995 - Page 7 Nonconforming Use- Country Club Seeks to Rebuild Old Main ance Shed easternmost road Tha h-, ....ilk bisected the zone and had three amusement Trettel v Zoning Hearing Board of Harrison Township, to the ocean. The zoning ordinance included as 658A.2d 741 (Pennsylvania) 1995 1-~6 usements, amusement games, amusement rides Trettel owned residential property next to the Brackenridge Heights Country -4 irdinance did not list piers as permitted or con- Club in Harrison Township, Pa. The club had a decrepit, 60-year-old mainte- not expressly permitted were prohibited. How- nance shed on its property, 14 feet from Trettel's property line. Although a of existing amusement piers were "subject to zoning ordinance required a 70-foot setback, the shed was a valid nonconform- hvision of Coastal Resources." ing use because it predated the ordinance. ~c ed one of the amusement piers. In January 1990, In 1991, the club asked the township for permission to demolish the shed ocean-front lot immediately north of its pier. It and build a new one. The township granted the club a building permit which it pier to the east and north, so it applied to the stated that the new shed had to be built on exactly the same site. The permit gym, variances. The board granted both. also set forth the new shed's dimensions - the wall parallel to Trettel's prop- ? e l real of the variances was pending, the city's erty line would remain the same size; the sides perpendicular to the line still Q ansion of existing amusement piers was con- started 14 feet from Trettel's property, but would extend 10 more feet toward k l n yti I. It recommended that the city council amend the club's golf course. Fr 1 Q xpansion of existing piers, subject to certain Trettel appealed the permit's issuance to the township's zoning hearing r iew board. After a hearing, the board upheld the permit. 1 g the planning board's recommendation, the Trettel appealed to court, arguing that under the zoning ordinance, recon- ordinance that added certain bulk limitations l struction of a nonconforming structure was permitted only if the structure was of pier expansions. In the amendment's pre- damaged by fire, flood, explosion, or other casualty. Nevertheless, the trial l amble, the city recognized that reasonable expansions of existing piers were court affirmed. "necessary to meet future expectations of tourists and keep abreast of develop- Trettel appealed again. The appeals court reversed. It held the shed could ments in the amusement industry." However, the amendment still did not de- not be rebuilt because it was not destroyed by a casualty. j clare amusement piers to be permitted or conditional uses. The country club appealed, arguing other parts of the ordinance gave the 1 Soon after the city council adopted the amendment, the planning board board discretion to allow nonconforming uses to continue even when not Ii approved Mariner's landing's site plan to extend its pier. destroyed by casualty. In the meantime, Nickels (who operated another pier) and others sued to DECISION: Reversed. challenge the amendment's validity. They claimed it violated state law by al- The appeals court improperly overturned the decision that the shed could lowing expansion of a nonconforming use. The trial court upheld the amend- be rebuilt. The board could allow nonconforming uses to continue, change, or i ment, but the appeals court reversed. expand if the surrounding neighborhood would not suffer. The board found Mariner's landing appealed to the state supreme court. that the new shed was not an unreasonable extension of the old shed and that DECISION: Affirmed. Trettel's welfare would not be any more affected by it. The new shed was very The appeals court properly reversed the trial court's decision to uphold the similar to the old in position, size, and use. ordinance. The ordinance was invalid because state law prohibited m nicipali- Expansion of Use -Ordinance Amendment Allows Nonconforming ties from adopting ordinances that allowed nonconforming uses to expand. Because the city's ordinance did not recognize piers as permitted or condi- Amusement Piers to Expand tional uses, they were nonconforming uses in the resort commercial zone. As Nickels v City of Wildwood, 658A.2d 291 (New Jersey) 1995 According to its zoning ordinance, throughout its existence, the city of nonconforming uses, the city could not authorize their expansion through the new ordinance. However, the city could authorize their expansion if it amended Wildwood, N.J., depended on tourism as its economic base. Its most valuable its ordinance to allow piers as permitted or conditional uses. Mariner's Land- resources were its beach and its ocean vista. The city's policy was to keep the ing could also renew its use variance application as required by a state statute ocean view from its boardwalk unobstructed and to allow beachgoers the con- i tinued use of the beach and ocean. Therefore, its zoning ordinance prohibited Imo. that allowed boards of adjustment to permit expansion of nonconforming uses ? if the original structure was not damaged. (Otherwise, the state statute pro- development east of the boardwalk. vided that nonconforming uses or structures could be re aire The city's resort commercial zone included a narrow strip of land running if damaged.) P d or restored only north to south. To its east was the Atlantic Ocean; to its west was the cibn's • ward of Appeals • Ton of Southold Sunset Motel Proposal 9/95 Inquiries from Building Department and Bruce Anderson about Notice of Disapproval, clarified as follows: Preexisting buildings, motels with nonconforming efficiency apartments noted as per Assessment records. Principal motel buildings are allowed in RR zone without kitchens subject to site plan approval. House structure was built in 1959+- and received permits. Status of buildings before fire in 1994 was: Nonconforming lot size (5 acres required) Nonconforming setback from bluff Nonconforming use pertains only to efficiency apartments (kitchens in motels) which are prohibited in RR zones. See definition of "dwelling unit" and "motel." Also see formal interpretation rendered for adjoining property to the west a/k/a Cliffside Associates, pertaining to restriction on motel use without kitchens and use variance requirement. Preexisted site plan approval (law enacted about 1970) and preexisted special exception approval (1989 in RR Zone). Prior to Fire in 1994 - Building with four efficiency apts. and motel rooms was damaged by fire more than 50%. Use which is nonconforming is only the kitchen-use or efficiency apartment portion of the project. Nonconforming section rules apply for a nonconforming use in a nonconforming building. sss*ssssssss*s**sssss Quiet Man Inn a/k/a Village Inn (Shelley Kehl) Conforming use as a bar with music and food service to its bar customers. HB Zone in 1990 and site plan requirements applicable to new uses and new buildings. Nonconforming setbacks and property size exist in this HB Zone. Nonconformities are not being effected. No expansion proposed. No apartment use permitted upstairs, agreed by owners since about 1986, or earlier. Kitchen repairs are being proposed and tenant will obtain building permit - fire and safety codes are applicable under building permit review. Memo to Building Inspector G. Fish 9/11/95 asking that he notify Shelley Kehl (tenant) of all other requirements or procedures, such as site plan. This was not within the purview of ZBA to answer and referred to Gary Fish to resolve. s*:ssssssss***sssss STATE OF NEW YORK) SS: ~ I COUNTY OF SUFFOLK ) Q yr s1) n of Mattituck, t r ance for the convenience stoic, in said County, being duly sworn, says that he/she is area, that being located only at Principal Clerk of THE SUFFOLK TIMES, a Weekly " ring; aeast n side of the existing build 1 Newspaper, published at Mattitack, in the Town of 4. There shall be no entrance way' I Southold, County of Suffolk and State of New York, between the gasoline sales area of the building. to the convenience ! and that the Notice of which the annexed Is a score area.-." printed copy, has been regularly published in said NOTICE OF Property is established as a gasoline - PUBLIC HEARINGS service station with accessory con- Newspaper once each week EOC weeks 7400 hM sales. Location of Property:. CeBSi 1 norm ci on the des of NOTICE IS HEREBY GIVEN, put- 740p Main Road. Ma[tintck. (Laurel y' n y suant to Section 267 of the Town Law School District); County Parcel No. _ HEA~ , and the Code of the Town of Southold. - 1000.122.7-I. Zone: B-General _ i that the following public hearings will Basinas. be held at a Regular Meeting of the - The Board of Appeals will at said SOUTHOLD TOWN BOARD OF I, time and place, hear any and all persons APPEALS, at the Southold Town Hall "representatives dairing to be heard CHRISTINA VOLIN$KI 53095 Main Road. Southold. New in the above matter: Written comments notary Public, State of New York York 11971, on WEDNESDAY, may also be submitted before or during No. 5004884 Principal Clerk OCTOBER 11, 1995 commencing at this hearing. If you wish to review a Qualifiad in Suffolk CoUntY the times specified below: - - file or need to request more informs- aBion EEExxxppplt~~g~aa Nmrombu 23, I r~ J i. 7:32 p.m. Appl. No. 4336 lion, place do not hesitate to call 765- I r~~ PEGGY HE - HEELER ER (Owner ner of f 1809 or visit our office: a /Y Property: NANCY DOUGLASS) Dated: September 25, 1995. requesting a Variance under Article III. BY ORDER OF THE SOUTHOLD 'Section 100-32, based upon the August TOWN BOARD OF APPEALS NOf8C'y Public 16. 1995 Notice of Disapproval from - GERARD P. GOEHRINGER the Building Inspector for construction CHAIRMAN . of a one-family dwelling with insuBi - -a1stiadnd4ov.~ISMi. $WOFn t before me tills cient front and rear yard. setbacks -BffiT'tF2ii'" Property location: 1145 Majors Food- day O Legals..• house building), orient; County Tax Location: N/s Pecrauc Bay Boulevard dwelling, which is proposed a reduc- 'Map Parcel No. 1000-25-3-3.1. known -as 365 hAbsrobian Dr. (Private lion in the side yard and bulkhead set- (continued from previous page) ......4•_7:42 pm. Appl. No. 4342 7- Right-of-Way Laurel; Cowry Tax backs: Location of Property: 4522 Road, Orient; County Tax Map parcel GEORGE and CAROL KRAEBEL Map Parcel 11000-145412.1:. Great P'aoonic Bay Boulevard, Laurel; No. 1000-2&2-39.1; also known as lest requesting a Variance, under,Article 6. T.50/p.m. Appl..No. 4341-- CounryTax-MapPmcelNo.1000.128- 3 on the Map Of Willow Terrace Farms . IQA,. Section 100.30A.3 for perms JERA04kOTELCORP. (a/k/a SUN- 4-19. Inc., Suffolk County. File No. 9572 sion to locate new dwelling with SET MOTEL) requesting a Variance 8. 8:05 pm.- Appl. No. 4344 - Zmr. R-80 Residential. reduced setback frSm the westerly underAttick; XXII;Section 100-243A BERNARD FISHER requesting a 2. 7:35 pm. Appl. No. 4338 - pmpeny line which encompasses a pri& B. based upon the September 7, variance underArticle III: Section 100. WILLIAM J. WAGNER requesting a vale right- f-way easement. Property 1995 Notice of Disapproval issued by 32, based upon the September 18, 1995 100- _ under Section location: 7285 Peconic Bay Boulevard, the Building Inspector, for permission Notice of Disapproval issued by the 32, based upon the in= 16, 1995 morel, NY; County _Tax Map Parcel to mesmblish Preexisting nonconform-- Building. Inspector, for permission to No. 1000-126.10-1.5: R-40 Zone ing efficiency apartments use in the locate proposed dwelling with reduced Notice of Disapproval from the District existing. footprint of. this preexisting side on this 296±. acre Building Inspector for placement of a 5. 7:45 p.m. Appl. No. 4340: - namonfomtin building, B yards parcel, fmstanding sign, as built, similar to g portiore of which parcel contains a nonconform- JOSEPH and SUSAN GRILLO re- which were recently :damaged by fire. ing lot widthof 61.78 along New sign in Zone District- District Preexisting of this R-40 guesting a Variance under Article The property contains a noncenform. Suffolk Avenue, and slightly wider at 7130 PeM XXIII, Section 100-231 for permission ing lot siwof leas than five acres and is in the building. setback line. Property Road. East Tax Map Paovrcel el No. No. 1000-31 M-". unty to extend height of a portion of pro- located in the RR-Resort-Residential identification: 520 New Suffolk 3ax. Map 7:40 pm. pl. No-6-6, posed fence from 4 ft to 6 ft along the Zone. Property location: 62005 C.R. Avenue, Mattituck; County Parcel No. GINA MAXWELL requesting a ting a _ easterly edge of the applicant's land 48, Gremport, NY;. County Tax map 1000.114-12-4. Zone: R-80 (abutting . Variance used as a private right-of--way, and the Parcel No. 1000-40-1-1. R-40 and HB Zones along New Suffolk under Article ILIA, Swoon southerly end near the entrance onto 7. 8:00 P.M. Appl. No. 4343 - Avenue). 100.30A,4, for permission to locate Peconic Bay Boulevard for a height of HENRY and 'LINDA STEFFENS 9. 8:10 P.M. Appl. No. 4344 - accessory storage shed in the required four fat, which will not conform to rear requesting a Variance under Article AMAC, INC. (SUKRU H.GIDO re- yard and partly in the side yard Section 100-232B which states that the IIIA, Section 100.30A.3 and Article questing a Variance for relief of built and re-localed - from the former r required height shall not exceed 2.5 XXIII, Section 100-239.48 based upon Conditions No. 3 and 4 of. ZBA 96 Section 1l location, location, fro feet above the average stmt level the September 14, 1995 Notice of Determination rendered March 25, 00-31 for and am increase Article ease ILL of within an isosceles triangle having 30 Disapproval issued by the Building 1992 under Appl. No. 4074 which sq. ft. lot coverage. Property lora_ ft: fides along each comer to preserve Inspector, for permission,tD onsaact___Conditisns"W faHows: ;4 tionj 170 Orchard St. (former -GtF~-- -.e' t====~r=y=~1iy~811~Y on'e en- i~~______-.___~ _ _._~Itbr8lltfttBAS=858i[iorf 9o`ezisti APPEALS BOARD MEMBERS h~o~~SUFFO(~ COGy Southold Town Hall Gerard P. Goehringer, Chairman o < 53095 Main Road Serge Doyen, Jr. w x P.O. Box 1179 James Dinizio, Jr. O Southold, New York 11971 Robert A. Villa y~JJ O~ Fax (516) 765-1823 Lydia A. Tortora Ol Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD September 28, 1995 Mr. Bruce Anderson Suffolk Environmental Consulting, Inc. P. 0. Box 2003 Bridgehampton, NY 11932-2003 Re: Appl. No. 4341 - Jerad Motel Corp. (Variance) Dear Mr. Anderson: Please find enclosed a copy of the Legal Notice placed for publication this week by 'our office. Please be sure that there is someone in attendance to speak in behalf of the application. Also, please find enclosed a "Notice of Hearing" which should be placed at this time either on a stake or other post facing the street where it can be easily seen by passersby. Over the next several days, it is expected that Board Members will individually visit the area and view the property lines (and existing footprint of the project). Once they have inspected the property, the Board members should be in a position to proceed under SEQRA in declaring lead agency status, determining this project to be an "Unlisted Action" and if appropriate, declare a Negative Declaration on October 11, 1995. Once the poster has been placed, please complete the attached Confirmation of Posting and return it to our office either by mail or hand delivery for our update and permanent file. Please be sure to check the Notice to be sure it has not been removed by winds or other reasons. If it has been removed, let us know and we will furnish you with another notice. Just as a reminder, attached is a copy of the standards necessary for "use variances" which should be addressed during the hearing for the record. Very truly yours, Linda Kowalski Enclosures USE VARIANCE z z x x z xx z x Amended rules effective July 1, 1992; further modified July 1, 1993 (§267b): USE VARIANCE is authorization by the ZBA for the use of land in a manner or for a purpose which is otherwise not allowed or is prohibited by the applicable zoning regulations. (§267(1) of Town Law) The applicant must demonstrate to the ZBA that: 1. For each and every permitted use under the zoning regulations for the particular district where the property is located: (a) the applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence; (b) the alleged hardship relating to the property is unique and does not apply to a substantial portion of the district or neighborhood; <Otto v. Steinhilber 282 NY 71 and Douglaston Civic Assn. Case tests> (c) the request will not alter the essential character of the neighborhood; <Rochester Transit v. Crowley 205 Misc.. 933; variance denied> - (d) the alleged hardship has-not been self-created. <Holy Sepulchre Cemetery v. ZBA Town of Greece 271 App Div. 33 - neighborhood was undeveloped; lot was acquired as a prohibited use; variance denied.> 2. ZBA must grant minimum variance necessary while at the same time preserve and protect the character of the neighborhood, and the health, safety and welfare of the community §267-b(3-c). 3. ZBA must insure that spirit of the ordinance will be observed, public safety and welfare secured, and substantial justice done. Prepared by the Southold Town Board of Appeals References: New York Town Law and Department of State BOARD OF APPEALS:TOWN OF SOUTHOLD -----------------------------------x In the Matter of the Application of JERAD MOTEL CORP. ------------------------------------x CONFIRMATION OF POSTING I, residing at being duly sworn, depose and say: That on the day of 1995, I persuually posted the property known as 1162005 C.R. 48, Greenport, NY" by placing the Town's official poster Notice on the front portion of the property facing the town street where it can easily be seen, and that I have checked to be sure the poster has remained in place for at least seven days prior to the date of the public hearing (date of hearing noted thereon to be held October 11, 1995.) Dated: October 1995. (signature) i • 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 OCT - 5' ,S October 4, 1995 Southold Town Zoning Board of Appeals c/o Linda Kowalski Town Hall P. O. Box 1179 Southold, NY 11971 Re: Jerad Motel Corp. Situate: 62005 Rt. 48, Town of Southold Dear Ms. Kowalski, Please be advised that the above referenced site was posted in accordance with your instructions dated September 28, 1995. Enclosed herewith please the requisite Confirmation of Posting. Please do not hesitate to contact this office should you require further information questions regarding this matter. Thank you in advance for your cooperation. Sincerely, Bruce A. Anderson cc. J. Levin BOARD OF APPEALS:TOWN OF SOUTHOLD -----------------------------------x In the Matter of the Application of JERAD MOTEL CORP. ------------------------------------x CONFIRMATION OF POS'rING 1, Bruce A. Ander_ on residing at P. O. Box 2003 Bridgehamoton, NY being duly sworn, depose and say: That on the 4th day of October, 1995, 1 personally posted the property known as 1162005 C.R. 48, Greenport, NY" by placing the Town's official poster Notice on the front portion of the property facing the town street where it can easily be seen, and that I have checked to be sure the poster has remained in place for at least seven days prior to the date of the public hearing (date of hearing noted thereon to be held October 11, 1995.) Dated: October 4, 1995. (signature) , BOARD OF APPEALS. tOWN OF SOUtNOLU In llte WHO of lite t'elllltlfi of ! Amended Jerad Motel Corp. NOTICE TO to the hoard of Anneals of the town of Southold AbJACENT 10:Mohrinq Enterprises PROPtATY OWNSR 323 Glen". Cove Ave. Sea Cliffr NY 11579 YOU`.ARt I-ILMY GIVIEN 14MICI ! I 1. Thal if Is the inlenltbn of the undtrsigntd to pellllon the lloAtd of Appeals of the to*fi of Southold to request a (variance) (Spe 6I tktepUun) (SpetlAl he?mll) lOLher) (circie Lhoice) - - t ).I r ! ~a 2. Thal Ilse prdoctly which is the subject of the helllldn Is NOW Adjatthl Id your ptoptHy And is des- trtbedAt follows: 62005 Rt 481 Town of Southold, SCTM 111(100-41n-1-1 .r 3. Thal the properly which Is the subject of such helllion Is totaled In the toltowittg toning disltitl! RR (Resort Residential) { • i d 111a1 h1 such helllion, lite Undersigned will ttgUesl 110- fbilowlhg W10! Relief from i _Section 100-243 (A) (13) to allow reconmtruc4lnrt of mn1•at 1.,as• by fire- Reconstruction to include efficiency nn;ta w;th k;r~tP„~ S. Thal Iht provisions of the Southold town zohlhg Code ippllcablt 10 llte reilef sought by the under- slgoed ate Article 100 Section 243 C I Sea?1'NdiM 1A1M4%fAftil(~fI.ft.Law for approval of access over right(s)-of-way. 6. That willtin five day6 ttom IhJ) ^E.broof, a wrhten helifitin ttgUesling the teliet spetltied Above will be filed In The Southold fbf+ntt,9b ktg~ivlAl At koAd Southold, Nt,v York and yt1U fifty Theft And lhtte examine the time ddrfn~ regula? dt ~c! kburs. . (516) 795-1809, y i 7. Thal betott Iht teiid sought tdavtojilydit! td, i publit heiltttg must he htld on the miller by Ifft lloatd at Appeals: IhAI A ,todti Of suth heArjnIs t must be publllhed Al least five dAys pilot Id the dale of luck hearing in the Suttblk tlHt(r3 And Id Ihi LtlH~ tdhd ttA',ellf•MA1111Utk WA(thmlH,'NeWlt,Apers yubllsflld IM Ih! • Town of Southold And deslgHA(td Ibf Ih! 01.1b11tA118H of loth Holltlll (hit you of-your f!p?ellHlAllvrrfllYtr the tight to appear and bt heatd AI loch 141001. j OAledl Sebteinber 14? 1i95o).' HtUce A. Anderson Suffolk Environmental Consulting, Inc. h "eI`sttNamest Jerad Motel Corp, oWwner _No utfite Address 6005• Rt•, 40 Greennort,*NY 11944 Tel, No, ( 516) 477-1776 purposof sketch at, plan showing proposal t0 be attached fun convellence PROOF OF MAILING OF NOTICE ATTACH CERTIFIED HAIL RECEIPTS NAM ADDRESS Z 762 703 825 eceipt for ertified Mail o Insurance Coverage Provided l o not use for International Mai ee Reverse) ttO, VV't 1t" Covt a 0., State apA ZIP Cola Y-7ci Postage 11:1/M1` $ 'a Certified Fee Spacial Delivery Fee Restricted Delivery Fee 0 Return R to W Net eipt tg _ M D tl Addr A T reefs /f 5 es o )Tor to / to P LL N a COUNTY OF SUFFOLK) ss" SUFFOLK ENARONMENTAL CONSULTING, INC. P.O. BOX 2003 BR Bruce A. Anderson WHAMPTON,NY11932.1003 residing at being duly sworn, deposes and says that onithe 19 dlo of avptemoer 119. 95 deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set dpposi4e the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at BridgehamDton ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to b re t e thi day of '19 Notary Public HIM MARIE cORUZZt - Notary """'C, c ,fe of N.y ' No. OIC04919559, y Stiff k Co t Comm. Ex'q s' (This side does not have to be completed on form transmitted to adjoining property owners.) BOARD Or OP11ALS, TOWN UP S01.111-1-101-1:1 In the mallet of the petiNoli ul ! AMENDED Jerad Motel Corp. ! Nutltt Ira 4 to the Board of Anneals of the town lit Southold ! AbJACISNT l f3Rtlp$RTY OWNCii ~ t0: Village of Greenport 236 Third Street Greenport. NY 11944 YOU ARt fItRLOY GIVLN NOTICt: 1. That it Is tine Intention of life undersigned Id pelitioH lilt hoots Ht Appeals of the town of Southold , to tequesl a (Vati.tnte) (Spgclal Gkttptlon) (Speelal ('etmil) jaEher) Itireie Choice I 2. That the ptt$04ty which Is the subject of the petllloH Is lutiltd adlitehl to your properly slid Is des. eFibed as follows: 62005 Rt. Or Town of Southo1.s crm #1000-40-1-1 J. That the property which Is the Object of such pell!lun Is lotiltd in the following lulling distritf: RR (Resort Residential) w a that b) such Minim, the undersigned will request lilt follnwlftg telleh Relief from _ Section 100-293 (A) (B) to allow reconstru~+l nn of mn!La1 Inert ISM Iz j by fire• F uM~1w~e,~ti k~wJt~ c(h' k-4 V % t "I 5. Thal the ptuvlsions of the Southold town Zoning code applicible to lift tellet sought by the Under• signed are Article 100 Section 243 C J SecI;inT!RgUAl. NgV1;~y1TA y Aaw for approval of access over rlgh!(S)-ot-Nay. 6. That wtlh n live days Rom lln ! fl pof, i *tit le" petllluH tequetting Ilie relief spetined Above will be filed in the Soulliold TAWq,tlpr y`C „ 5i Ro Ad~5 19ot91d, Nevi York and you tniy then add lhete eksmime the same dlltin~-tegulil ol~tb~hdlt> 7. Thal hthtte Ihr rellet Ought htay be grlnled, i publit Ileilln4 most be held on the H(allet by the Ifoatd of Appeal4: Ihit i nettle of such Mating must be publhhtd it lust live dsys ptlot to the dire of tuth A;; hearing In the Suffolk t1044 and Ili Ihr Long Wind tfmlet•Mallllulk Witehmilt, newtps"m bubllsNtd IN 1ht town of Southold ins 1eslgnaftd ful tht publlt 116H et.tuth liollml Ihil you of your ftbtt46msllvihive (he M tight to yppear and bt hesrd it luch heilltlg. ba(ed: SeiAember Al 1495,)Bruce As Anderson Suffolk Environmental consulting, inc. heti t , Jerdd Motel Cor Owhneers s Names. p Putt Olflte Address 62005 Rt. 4e _ Greenport. NY 11944 Tel. No. ( 516) 477-1176 pUrpuses,jsketch or plan showing proposal to be attached for convenience 1 PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS Z 768 703 827 Receipt for ' Certified Mail No Insurance Coverage provided Do not use for International Mail w°0 (See Reverse) Sent to ~N Vi\lu- F a. SpitrrF S T3 P~ Sta and ZIP CO e y t•'' Postage $ G Certified Fee Specal Delivery Fee 1 ,.,,,,,ad Delivery Fee Snowing 00 RIXUIn ` '0 v4h Receipt to mgm 6 Date Delivered L e0m, aetum aecePt Snowis O Address a I Date, and Addressee' 2 TOT II~~_rP\ 6 u ark or t f~ ~~'.t m lq tl ~ Iy9S I v STATE OF NEW YORK) ss.: COUNTY OF SUFFOLK) SUFFOLK ENVIRONMENTALCONSULIING,INC. P.O. BOX 2003 i Bruce A. Anderson residing at BRIDGEHAMPTON,NY11932.2003 being duly sworn, deposes and says that onithe 15 ~y W of Se-tember .19 S5 deponent mailed a true copy of the Notice 'set fbrth on *cps verse side 1Ngeof, directed to each of the above-named persons at the addresses set opposite their resfump names; that the addresses set dpposile the names of said persons are the addresses of said persons as *own on the current assessment roll of the Tdwn of Southold-,*a$ said Notices were mailed at the United States Post Of- fice at BridgehamAton I that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to bell, r1reme this day of 19 iU/ COl ll Notary Public KIa1 MAmE CORUZ NY Notary PUNIC, Stitt . " MM. E limb Suf~ Ikpf,OUgn No. ~nrn Eaques -2- OI 1 (This side does not have to be completed on form transmitted to adjoining property owners.) ~~gOFFO[,~-~o JUDITH T. TERRY DO Gy~ Town Hall, 53095 Main Road TOWN CLERK C4 a: P.O. Box 1179 Southold, New York 11971 REGISTRAR OF VITAL STATISTICS Fax (516) 765-1823 MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER Telephone (516) 765-1800 FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Judith T. Terry, Southold Town Clerk DATED: September 15, 1995 RE: Zoning Appeal No. 4341 - Jared Motel Corp. Transmitted herewith is Zoning Appeal No. 4341 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 Environmental Assessment Form; survey; and plans. 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 13, 1995 Linda Kowelski Southold Town Zoning Board of Appeals Town Hall P. O. Box 1179 Southold, NY 11971 RJerad Motel Corp. SCTM #1000-40-1-1 Situate: 62005 Rt. 48, Town of Southold Dear Ms. Kowelski, 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 Environmental 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 property; and s • (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 RECEIVED SE//PZ 1.55 1995 SoutBo(d f0V18rk TOWN OF SOUTIIOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO q13 V DATE ..9~1... l TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Jerad Motel Corp. 62005 Rt. 48 Name of Appelionf t . N u... um . ber S reet and Southold NY ..........HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO..~not„.assiclned) DATED ..August 22, 1995 WHEREBY THE BUILDING INSPECTOR DENIED TO Jerad Motel Corp. Y . Name of Applicant for permit of 62005 Rt. 48 Southold 11944 M unic ipapal...... .1....ity _ Street and Number State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (X) Issuance of Building Permit 1. LOCATION OF THE PROPERTY , 62005 Rt. 48/.Greenoort/RR . Street /Hamlet "on "oning " / Use District Zoning Mop District 1000 Section 40 Block 1 Lot 1 Jeard Motel Corp. _..P:......__...~._.._.._....._ r Lot No.N _..Current Owner Ma No. N A /A R. o in Prior Owner 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article 100 Section 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a'special permit ( ) request for a variance and was made in Appeal No .................................Dated REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (X) A Variance to the Zoning Ordinance is requested for the reason that the proposed reconstruction of the lawfully existing motel is in kind and in place. Fbrinan,. - (Continue an other side) s i REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because 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 hardship created is UNIQUE and is not shared by all properties alike In the Immediate vicinity of this property and in this use district because 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 WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the proposed reconstruction of the Sunset Motel is in kind and in place for that which lawfully existed for decades. STATE OF NEW YORK ) ss 4.-- COUNTY OF St/~'{t7caC J) Signot~~ure . p Sworn to this ~a.~............. day of.......... A R((-L......... 19! S u otory Public I;1`i ?:Iid~:r ff R'Rr1 tio. i c0S9 P~a59. Suilulh County . ' cnmmn. bpues - I C6I c'( Suffolk Environmental Consulting, Inc. Newman Village, Main Street, P.O. Box 2003, Bridgehampton, New York 11932-2003 (516) 537-5160 (516)537-5198 Bruce Anderson, M.S., President - SEP 2 P015 - - September 19, 1995 Linda Kowalski Southold Town Zoning Board of Appeals Town Hall P. 0. Box 1179 Southold, NY 11971 Re: Jerad Motel Corp. SCTM #1000-40-1-1 Situate: 62005 Rt. 48, Town of Southold Dear Ms. Kowalski, Enclosed herewith please one original plus four copies of the Amended Notice to Adjacent Property Owners ("Notice") for the above referenced project. The Notice reflects your recommendation to include the reconstruction of efficiency units with kitchens. 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 01 HOARD OF APPEALS TOWN Op SOUTHOLD In the Miller of Ilre 1'ellllun at : AMENDED Jerad Motel Corp. : NOTICE TO to lire Board of Anbeals of the Tdwh of Southold : ADJACENT to: Cliffside Associates PROPERTY OWNER C/O Kenneth Tedaldi P. O. Box 815 Quogue, NY 11959 ' YOU ARE I-IERLBY,GIvEN NOTICE: 'i 1. Thal 11 Is Ihr intention of lilt urtdetsigned to pelHlon the Nuard of Appeals of the town Of Southold to request a (variJnce) (5peftidl,Excepliun) (SpetlAl hertnll) (Othdr) (circld choice) %j ? 1. 2. That the prd64ty which is the subject of llte helitlon Is locAted AdIStent to your properly Slid Is de!- etibed as follows: 62005 Rt 48 t Town of Sout o d, AC!TM #1000-40- - - 3. That the properly which is the subject of loth hetillot, Is locAled In the tollowing toning disltitt: RR (Resort Residential) 1 4 1ha1 hl such Million, the undetsigned will tequesl the following relleh Relief from Section 100-243 (A) (B) t0 a110W reC na,-r,t^t-lon of rnni•at 1nat _ by_fire. Reconstruction to include efficiency units S. 711,11 the provisions of the Southold Town zonlhg Code Applltable to the telief sough( by the under- signed are Article 100 Section 243 [ J Section 280-Ar New York town Law for approvdi of access over right(!;)-of-way. 6. 1ha }~p}j ereot, A writlen hetillott requesling the rellet spttiNed Above will be filed In the•u-thotd 7uwn l'er MShi RdAd Southold, Nev+ York slid you tray then And Ihete eksmine the sSMe ddtlV90% • x:(5161 795-1809, 1. Thal befdtt Ihr rr tk6ughf n(5~-bt~~{t tied, ! pu{tilt heltinR must be held oil The,iSltet by the Build at llolk IhJI Id II,I# ILongnlllind V11016-millllulk WelehniAitl n uipApeh! publlsl,ed In the town of Southold slid delighted tot tit! bublltillon of loth Hollelfl Ihll YOU of your teptbelllith* hive the right lo appeSr And be limd it loch hllNng. bSttd; September 101, 1'495,14' Bruce A, Anderhon Suffolk Environmental Consultingt Inc. h owners tllrstNames, Jerad Motel Corp. . _ Post Mite Addfm 62005 Rt. 48 _ Greenoort. NY 11944 Tel. No. ( 516) 47771176 purpusOfs ketch or plan showing proposal to be attached for convenlehce t PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPT5 NAM ADDRESS Z 762 703 828 Receipt for Certified Mail t No Insurance Coverage Provided Do not use for international mail (See Reverse) Sent 011N A k So et nd No, ~ ers P. State and ZIP Code Ul 4fu Postage Certified Fee Special Delivery Fee Restricted Delivery Fee M to co return receipt Showing to Whom & Data Delivered L Return Receipt Showing to Whom, ~ Date, and Atltlressee's Atldress & F%es TOTAL Poste Q &F es S Po e 0 9 LL c rj9s z y 9 ,r STATE OF NEW YORK) ss.: COUNTY Of SUFFOLK) SUITOIKENVIRONMENTAL CONSUL INO,INC. P.O. BOX 2003 Bruce A. Anderson residing at MOENAMN,NY11932.M dtry being duly sworn, deposes and says that onlthe 19 of eptember 19 qsdeponent mailed a true copy of the Notice set Jbrth on the re- verse side bete of, directed to each of the above•nam4O persons at the addresses set opposite their respective names; that the addresses set cipposile the names of &Ad persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold: that said Notices were mailed at the United States Post Of- fice at Bridctehamoton ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this 7 --A day of i 19 Notary Public Nota~'r7 MARIE to%aj No. oiC049i9559, SuFlolq ~o Comm. Expires uj_ry (This side does not have to be completed on form transmitted to adjoining property owners.) ' ,1~ 76-11?19T-Text 12 PROJECT I.O. NUMBER 617.21 SEAR Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART 1-PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT /SPONSOR Agent 2. PROJECT NAME Suffolk Environmental Consultin , In Jerad Motel Corp. 3. PROJECT LOCATION: Munlcloalny Southold County Suffolk e. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map( 62005 Rt. 48 Greenport (Town of Southold)., NY 11944 5. IS PROPOSED ACTION: ? New ? Expansion Modillcation/alteration 6. DESCRIBE PROJECT BRIEFLY: Reconstruct a pre-existing motel of 2,275 + square foot (base floor) lost by fire in place and in kind. (~~Ov Stv-~~;o, . I~L,,LA.L C hu UUrVS 0 Ic l ~S 7. AMOUNT OF LAND AFFECTED: initially u.05 acres Ultimately 0.05 acres B. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRIC110NS? ? Yap No It No, describe briefly Building Inspector denied Building Permit Application pursuant to Section 100-243 (A) (B) of the Southold Zoning Code. 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? I Residential ? Industrial n Commercial El Agriculture ? Park/Foreallopen space ? other Describe: FSCDHSes OLVE A PERMIT APPROVAL, OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL. ? ? No It yes, list agency(s) and permillapprovals ruction and Sewage Disposal Approval CT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? No It yes, list agency name and permitlapproval Certificate of occupancy prior to January 10, 1978 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMITIAPPROVAL REQUIRE MODIFICATION? ? Yes ENO I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Bruce A. Anderson (Agent) Appilcanl/sponsor name: Suffolk Environmental Consulting, Inc. 9/11/95 Dale: Slenalure: =theCaocaisonn is in the Coastal Area, and you are a state agency, complete the Assessment Form before proceeding with this assessment OVER t (Continued on reverse side) The N.Y.S. Environmental Quality Review Act requires submission of this form, and an environmental review will before any action is taken. be made Ly this Board i SHORT ENVIRONMENTAL ASSESSFtENT FORM INSTRUCTIONS- a) In ssumed to answer the questions in this short EAF it is assumed ' a that the preoarer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the project is not significant. (d) Environmental Assessment 1. Will project result in a large physical change to the project site or physically alter more than 10 acres of land? Yes X NO 2. Will there be a major change to any unique or 'unusual land form on the site? -_Yes X No 3. Will project alter or have a large effect on an existing body of water? X _Yes No 4. Will project have a potentially large impact on groundwater quality? - _Yes X No 5. Will project significantly effect drainage flow on adjacent sites? ' __Yes X No 6. Will project affect any threatened or endangered plant or animal species? ;y_Yes X No t 7. Will project result in a major adverse effect on air quality? X _Yes __No 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas known to be important to the community? _Yes ' X No 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical envircnmental area by a local agency? Yes X No 10. Will project have a major effect on existing or future recreational opportunities? _Yes X No 11. Will project result in major traffic problems or cause a major effect to existing transportation systems? _Yes X No 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? _Yes X No 13. Will project have any impact on public health or safety? X _Yes No 14. Will project affect the existing community by directly..causin4 a growth in permanent popula- tion of more than 5 percent over a one-year-Yes X period or have a major negative effect on the No charactci of the community or neighborhood? 15. Is there public controversy concerning the project? / _Yes X No Preparer's Signature. ' Representing: Js a 7 9/11/95 28A V/75 Date: QUESTT_CNNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate ghe t may bbe ttached.) Donna Levin Presi ent) Rachael Levin Murphy (Secretary) Andre Levin (Tra^giirar) F.llan TAVin W idarlinh} (7i ra President) B. Is the subject premises listed on the real estate market for - sale or being shown to'prospective buyers? { } Yes ( X } No. (if Yes, pl ea-e attach copy of "conditdr=11 of sale.) C. Are there an7 proposals to change ar alter land contcurs? { } Yes {X } No D. 1. Are there any areas which contain wetland grasses? No 2. Are the wetland areas shown on the map submitted with this application? No 3. Is the property bulkheaded between the wetlands area and the upland building area? No 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? No Trustee Permit Required E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? No (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fences which exist and are not shown on the survey map that you are submitting? None if none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? No If yes, please submit.a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? No If yes, please explain where or submit copies of deeds. I. Please list present use or operations conducted at this parcel motel %CFhtiw(- 4. Iz t F~l and proposed use motel 7 utnori d gnature and Date 3/87, 10/901k § 97-13 WETLANDS § 97-13 TOWN - The Town of Southold. TRUSTEES - The Board•of Trustees of the Town of Southold. [Added 6-5-84 by L.L. No. 6.19841 WETLANDS [Amended 8-26-76 by L.L. NO. 2-1976; 3-26- 85 by LL No. 6-1985t A. 11DAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with, or which border on, tidal waters, or lands lying beneath tidal waters, which at mean low tide are covered by tidal waters to a maximum depth of five (5) feet, including but not limited to banks. bogs, salt marsh, swamps, meadows, flats or other low lying lands subject to tidal action; (2) All banks, bogs, meadows, flats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following: salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, groundsel. marshmallow and low march cordgrass;and/or (3) all band immediately adjacent to a tidal wetland as defined in Subsection AM and lying within seven- ty-five (75) feet landward of the most landward _ edge of such a tidal wetland. B. FRESHWATER WETLANDS: (1) "Freshwater wetlands" as defined in Article 24. Ti- tle 1, § 24-0107, Subdivisions l(a) to 1(d) inclusive, of the Environmental Conservation Law of the State of New York; and (2) All land immediately adjacent to a "freshwater wet. land," as defined in Subsection B(1) and lying with- in seventy-five (75) feet landward of the most land- ward edge of a "freshwater wetand." 9705 2.33.85 BOARD OF APPEALS. TOWN OP SOUTHOLD In The Mallet or the Pelhiorr of : AMENDED Jerad Motel,Corp. : NOTICE TO to the Board of Anoeals of the Town of Southold : ADJACENT TOr. Mathew and Josephine McKiernan PROPERTY OWNER P. O. Box 1637 Southold, NY 11971 YOU ARE H11REBY,GIVEN NOTICE: 1. Thal it is the intention of the undetsigned to petition the Board at Appeals of the Town of SOutho to requesl a (Variance) (Special,Exteplion) (Special permit) (Other) (circle choice) 2. That the prdpbrty which is the subject of the Petition is located adjacent to your properly and is des- cribed asfolio wv 62005 Rt 48, Town of Southold SCTM #1000-40-1-1 i 3. That the property which Is the subject of such Petition Is located In the following toning district: RR (Resort Residential) i 4 Thal 1r1 such Milian, the undetsigned will request the following relief: Relief from _ Section 100-243 (A) (B) to allow recons u.1.1nn of mnrpl lnat by fire- Recona ru ti nn t ado a€€leE6eae-- unit-, wi tt, ki tcheps S. Thal the provislons of the Southold town Zoning Code applicable to the relief sought by the under. signed are Article 100 Section 243 [ ] Section 280-Ar New York Town Law for approval of access over right(s)-of-way.' 6. Thaw Myy~({q)~y{(~ereof, a written Petition requesting the relief specified above will be filed in the Sout told Town Clerk' f( ,00. Main Road Southold, New York and you may then and lhete examine the ismtt>1 all 1 N; (5161 765-1809. 7. Thal before ihetyYtiiikaaiugbtiwtay I ,granted, a pu61lt'hearing.mutt be held on the matter by the Board of Appeals; that a oblick of such hedr~ng Hull be publoh it least five days prior to the date of such hearing in the Suffolk tltn6s Ind hi thi Long Island Tt0e16•Mal11lutk Watchman, newspapers published In the Town of Southold and designated 1`4 thk publleailtltl bt 40th nolieesl Ihlt ydu br yf)ur represetllallve 11aoe the lbch heiling. - right lopppear and be heard it Dated; September lq, 1495,,!- Bruce A. Anderson Suffolk Environmental Consulting, Inc. i Petitioner OWhet-S', Jerad Motel Corp. Post office Address 62005 Rt. 48 Greenoort. kY 11944 ` Tel. No. ( 516) 477-1776 i i I [copy of sketch or plan showing proposal to be attached for convenience purposes.] 1 PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAM ADDRESS Z 762 7D3 626 Receipt for ' certified Mail No Insurance Coverage Provided Do not use for International Mail (See ReverseI Sent t ' M e d~c)~IevNaK Stree N d, , ~4c 1~~7 P.O., State and ZIP Code Ouk~ AS I(9l Postage Certified Fee $ Spacial Delivery Fee Resbicted Delivery Fee A M Return Receipt Showing t to On "Dee Delivered ( V Return Receipt Showing to Whom, 20 Date, and A dress TOTAL P O & kaea ,p $ ~.a M Post a r Clatre r € U. D. [G STATE OF NEW YORK) ss.: COUNTY OF SUFFOLK) SUFFOLK ENVIRONMENTALCQ116111MML P.0.80%2003 Bruce A. Anderson residing at &MB1111MA1111M being duty sworn, deposes and says that onlthe 1 9 d4 of 19 95 deponent mailed a true copy of the Notice set J,~orth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set 6pposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold: that said Notices were mailed at the United States Post Of- fice at Rr; Anehamnrnn ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this day of 19 47S 4 Notary Public Note!'"" ff ikkwj I' ur.. State c! N.y. No. W ,9i ;559, spffgk Countri Comm Expires 2)~/~G (This side does not have to be completed on form transmitted to adjoining property owners.) r 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. Signature Date t ~`?1L+r ter- r ('v= 1J '~3,~ ;.:.H _ ~ t^ ~.m A~~~;E r.-a~?1;~!`.1:1t~C1F_.: V II ~ ,tt. tat ! I r R l I Y r _ ~ r` M t^ I ~i~ry .c~!e to ml.,Wwy b, wowwn of p 6,dbn 7208 of th, N,w yoh fto n E& colon tm, CaplN athis ,awy map n,t boa ft MW &-*Oft Mod l mboNW NaartN,b, rob„vasd&WOWV. 0 ' GmM*MIMblftdh wW= i ^ r: . myroth,0a,atforwhwnth, WWMhbWMtoft 10 anWo"OlVw"ko. tWallorNllnMMullon,aDNtrlrwbM L SQ E G n n{ i G . s .x + =c> 'k {..c~. r .^r>; Micy o ,;.~E-:i t n fir' .1{72.4? ~ y 7f[q+r: 2 ter; ' ,rfat`e'f b%dp. D, t , ..~r~P.:J40, Q{or.F ! . i_•7h 1. 'fo :.J curb y •,X, I t~o~ v a k f o - 30. 38 Y ,i r' e f r 1 77'Ne No, !Z996a!$ of NEw ~V P~~ cicv -e~ ~r o vnl ~ 41. y ~Ow ~G~ Cxtar artircr( to "(dN6St,.tr1ti ,t ¢ r * T{rte "riffs , a,a.rfe+ C~ .t. 4n sf~ . ; Do t SG(y l6: ~a'a r.. ~ySFO AND ?4 of (,•iG~p3@d !_orr Survae~Ors lbgle at !fi{~s /ow cSrwwrport NOW Yo+Nr., TPM V,•,'RF .Tf^„Yt `+.#ar7as~[?6~,'+'-^f'kar x! >'^F'9rs 7C' _ •'arw - I I-, IV T I ""mill 0, F, -72 Y N r~Y# T Ilk ~Af Whitt, 00 S $ _ rS _ _ `z0 r OF NEW r {~1 tl. GK VAN,, p9 ,t y 7".y '_.'..~`,~J-..".. t pt °F,y Ep• LS ZS6JQJ ir... Gs"Oa s 3 O LANG S b Zoe" &Z ti D -1 nr .sr C k s of )rmr*rpw1-, p- `x fFak CO. ltx Mill ...-'?o.,- i ~'~{y' t'"< ~ t ~ rt+ar+dt bldg. ~ t . FSii~a'Fc (G1Ap~ ~}i~laactk moi - WWI, ~q - -t i ~Orrtwur tfer7~/Rt:Mwwn Sq'!BVO{ ~V+ . . F u ka ~ ~ r u+axmilpa.bmtanati~ t : I F, j rotnisawteyr•uom a ' i S ft* 72aeottlw NWVM Sim 5. ao P.~ 1 , Eauulbn Low. CUpys of this survey map not batbp 'k~~•+prp/S'..? tns land survetmes Inked matter t £•r' 'C b. ' / ~M\ k f p tae vue COq be `°mH"'° avail ` - I i c;l. C.CtAh'• ~t .l _ .1 ceaarantema makttea narea mn _ 10laQM. my to me pemon~by r;mam gylamMO insestnakan pabO ASi+ppp'Q ! r 4 f , rome.s:pwatrthay,dply kilo i a GunanWaN nsl T _ I to ad e"1116 ktaplWtstun. , ~ awuta . cr r . i` Y ll ~ _ ,'S1• •'4,,.~5'e'W~ _ ."-Y'++. •.i,~"~"_~~ tY•.,......~+•''"'~~~I L s ~ 5 at,;: ~.,i. a .~,jT" { R"*'" fir _ ; 1.:: a ,yy'~' r 1 a ' n. +R''a~ •m2' 4 tM ' H i `71 ~ i u T•S~~'^.~.-M- .4w •--.s.. s .-'S:'~`.~ M:°'f~.+3r ` ii .3..Yt'.• y .std -r,A P t ~ v a•, ~ c v v. r ~ n x .1 ii+y~' F"~y ~ i '*a ti vr,!^4'~~~y~ un ou• k l}5 ~ .z .t - a1i+3.. 1 GENERAL NOTES 6 p /OI• iOM 1. ALL CONSTRUCTION SHALL BE IN CONFORMANCE WITH N.Y.S. BUILDING CODE, N.Y.S. ENERGY CONSERVATION COME AND ALL ` 14 "?.YR• III' AYT.R. 9~:7„t, LOCAL CODES RAVING JURISDICTION. 2. ALL CONCRETE SHALL BE MINIMUM Fo-2500 PSI AT 28 DAY TEST. 3. ALL FOOTINGS SHALL BEAR ON UNDISTURBED SOIL HAVING Tri..~~ MINIMUM BEARING CAPACITY OF 2 TONS PER S.F. 4. ALL LUMBER SHRLL BE DOUG/(IA No. 2 OR BETTER MIN FS=1$60 p~ SIN /arl av S^ ~av. ur (u?. UNLESS OTHERWISE NOTED. ;~C~I Ih pq O ~ ~ a. ALL PLUMBING SHALL BE IN ACCORDANCE W/STATE A LOCAL r ¢ CODES. 6. ELECTRICAL WORE BE IN ACCORDANCE N/ N.E.C. AND BE r r1 " CERTIFIED BY BOARD OF FIRE UNDERWRITERS. 7. ALL STRUCTURAL HEADERS TO BE 121 2" x 6" UNLESS OTHERWISE p i %(//L4l/?!~ viI k4` IP" ~j.' I%4" /i T` 2H T /k1"/" NOTED. L9?I u?I .ttva I <Z I I i ~ vTa . J1 Wr ~i S. ALL FRAMING SHALL BE DOUBLED AROUND OPENINGS, UNDER PARTITIONS AND UNDER POSTS. L \ L J S. DIMENSIONS SRALL BE CHECKED BY CONTRACTOR PRIOR TO ORORRING MATERIAL OR CONSTRUCTION, DIMENSIONS TAKE 69, G.o PRIORITY OVER SCALE. Gvyaoey ovn 0 ,rroe.9y'c" v "I L0. WINDOWS A DOORS SHALL BE WEATHER STRIPPED A CAULKED. MAE U FACTOR - WINDONS = 0.00. DOORS - .040. _ h3'.vr ^~ivurffe~w~sv[a i~rv ~a' I'~" II. HEEAATING A VENTILATING EQUIPMENT TO NEST S#CT. E-643.2 ENERGY CONSERVATION CODE. q F/7J, f, r ,o. .?r Ai:a 4J L J,Z=~ fJ ~ 2x /o ~F? E L --J I ry ~ is a/P,,PodEpp A* ,SA•v~rq..P7/ S'ls'TFi'7 A".s", Tif91P I J I i ~ I 9*4"CCAq ~s?o.~orTo.? Fa l~~K .?lY L - ~ 3o ~ H\- W as e: c, ( -1 \ r Hwy Y :/d~ Ih y.I - V - - - gulf J'l 2^ 9= ~ cdX /,vYsY4..15YE.yT.Yivy j I „ Z).2«9T.°.~E91E ~i~iv, oe ~ -fr!o soJCi/l^"a /s~~.?1s' .Z=o" w sct~Ste.N ESP ;d~oreaa.; 6°~LJ/PQ?iY/ `4 CE09rP ' CLAiBO. J/a~~/>! O 4 33 J.r~,Fr,AO~ n - ~ cOX f'LY/NO ,Y.YeF.RTT`/y' - row. - ~a .S7<~ ~~doifT r 9t4'Ct<d. yt'/Bhu~~.~° 2x/o f?. i r HO PEO CO~:..zE7T i l~.z r.ra'oca wp, 4cr~ FipE .PIf7RR />JR-°,P _ 'i FO!/NGG9r/ON D/f/ ~1/0.? D/(/.dA'x/Z i4 Gi¢fCSl! i ~~31 °"c/p 1?0 y'L ria'sva. yae i z "s bcy, s~~ N, l'S' Cd6lE E.Ci[/i.2E-, G'EEl' V440we, i. .2'A7d X./yNCM4P ,Q BOG/-`S 11 I - _ - ~ I- - _ - - a it .'CarK, .JLA.P !.'.P90<< ~ U I 7-- 147 . _ V_ l V ED ARCh,1 ~~/~~f 1?C T MDT(... ,'EA9NUMBER u i z J. CR `OCIj, il'v.PT<l 'tw- wf i AAPPROVED BV. wdaO 'x W J m Rober k J. Gruber - Arch13571 xpresswoy Drive So Medford. N.9. 11763 4949 O ' I OF NEW BER ~ ' N 1 i 4 I A ~0 ~i 99+32 'k ` c s 1 0 _ t h pY ~i d+A P U ` Solve en; oG_ 'F I 2<"8.P-nP,B.L' of m ~ SCAN ~FveC.s~ 2 ~ g a p 1nV1 sll \ ~ ~ 0 9e ~4 ~J.a 3~ T `VI 't O ,esrTi% N ~ b ~ b 0 ' V a~ a 0 r ;p azW ti i .I n z: Ef!GFfefF`4.c, . 0 ,e~B ....r, e/C oG. - ~ 'I ~ G a a r' e W~p All 1,40 r n ~o - YY m ~ ~ ctm~.'a a a rr ~ t a I elfol a ti b, v ~ { , 10, i k i7 =py or i i a ,~/resr ~ ~ r, I ir/oT~S a ~ ~ ~ .y ~ 3• ,O A'GG !i'/i?l.-~lY xe4 //E/!'H>S To iyE 4Z 'i9•P, F ~ ExCEf'T ~ 9°i'/G'T!/.Pc~ iY/NOOW /N ~PE.9~ ~!r///?OO.W iH 4.4s'EiaE.vT .Z, i°~Po?iVC L.FJ/E.P y.9,P01e/.9.Pc~ /~Y ~''.~~?4/<.Di' .~/.N/T,T', Ae~ Y4- IIII a a. 3..s'oe~v ovE..Q ~.^"A.tiY'~' s.Y.Y.[C Q6' Odcr4'~J's. 4. 1 rl N~ e E6.? n a f0$2/YJ h) B6~iPD4~ I i ~WAI Ik ;v ~~x . a ~ .~.i°k'~',k`..f',GR~ dL. ~ .~.r'a~%'P.X at ,4'~• ~ ~'R. - „~."'=;8 :~:'.r. ~~l:c~ ---k r0 ~"oc. , ~ ~ iG'oG. ~ ' /6"04'. 4• i a i `a °b. - er 3° 3 rum 3 ° 3S 7~~1/.i4i~ G~~~~G% _.w: 9'0'•2-'~°f Ssa" -~„_~s mm= i s%e,e¢vr~ s~~CG~i~' i"<i~E 'l/i'.~ Gu~`lr~~ frf~/? o~ OF 51~1/Cl1/.PE,J(p.~PArir1>~' .sri>vf'~ - - ' r r~ Teri H> doivr~- a u u z ^~~ti, ~l1V~S'ET h1C/T~G 1410RT,y.P07. APPROVED r. DATE: REVISED Robert J. Gruber - Architect a 9 13571 476 Expressway Drive So. Medford. N V. 11763 S16.6S4,4949 TF OF ""m ~a gPAM lor7 ~/E.YT /.l ~z - -~r ~sPsi~GT sii?S~ES _ _ _ _ _ _ - 1.0~ 1. E 3a M-E - ~ --I E1 - - OR _ - z~~e, - - ------Ge,p e~ 6469TE0 - - - Q - - - ~-s~e~,J~ 0 isr~. C.YEE,S LJ~YCC ~0 /~o/%PEU Col C.PETE Fovii/O~9TiOn/~ F~Ti.,~urj! yod.PEO G'or/G.PETE ItE~?! 1 ~J I 'a = ~L~~igT~O~. ~'Sle`.~PCV .~cdTiNs' a c~„ry.+iEY _ /9SP~s///9GT sTiYi•?sfGEJ' - ,o T ~F- fJrE~~' ~ N t~ tsf'irvlt/E? - ~ o i 6 WO. f,7inf G 's~o trsG..9 ~-,PGPGL~.V - 041, o,y JG-PEENs't~y~ ~ - wo, ..errs Crro~ IT ,r~oP.~Yq /',r990E 9~ L`c~v Ciyc) OrTS i, CeNC~ ~N. ~ PTy; I ~ O f~T/N~ _ DEFT ~5/OE ~ DOE c~`Gc~'/~~9T/DPI/ -~e-oe.:r7 WNW .~'COA/C, 6riiNlf jfowz HiI~?~j X~~.4fCG a gCta.~E. - T I G\~,~EryED ARCyre l~l!.~2T.G°? - 8 . -r- ade, v- ~ cra.?C, r-~ - - r- - 3- y - --T-L sv~sE-r ~aT J. F eDALE.9,fP,7~/J AR o ED e : opAWN 4~A9 . ~ Cn DATE: RCy- J D ]3577 2 Robert J. Gruber - rchitect r9 yD 476 Expressway Drive So, Medford, N.Y 11763 516-654-4949 P of NE N q o 19RAWING NUMIIEII ~95'v3