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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
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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.
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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
.
Sworn to this ! day.of
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APPEALS BOARD MEMBERS ~~$UF
f ~O OG Southold Town Hall
Gerard P. Goehringer, Chairman ?o yt 53095 Main Road
Serge Doyen. Jr. W x P.O. Box 1179
James Dinizio, Jr. O Southold, New York 11971
Robert A. Villa y~1p1 ~a0~ Fax (516) 765-1823
Lydia A. 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
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VILLA F OF
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FRANKLIN OR,
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I i~PS Comae
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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
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t £•r' 'C b. ' / ~M\ k f p tae vue COq be `°mH"'°
avail
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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.
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