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Home My WebLink AboutZBA-10/11/1995 J APPEALS BOARD MEMBERS Southold Town Hall ~ y� Gerard P. Goehringer,Chairman � � 53095 Main Road Serge Doyen y Z P.O. Box 1179 James Dinizio,Jr. p Southold, New York 11971 Robert A. Villa �j O� Fax(516)765-1823 Lydia A.Tortora of Telephone(516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD MINUTES REGULAR MEETING WEDNESDAY, OCTOBER 11, 1995 A Regular Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was held at the Southold Town Hall, 53095 Main Road, , Southold, New York 11971, on WEDNESDAY, OCTOBER 11, 1995 commencing at 7:30 p.m. Present were: Gerard P. Goehringer, Chairman Serge J. Doyen, Member James Dinizio, Jr. , Member Robert A. Villa, Member (arr. 7:20 p.m.) Lydia A. Tortora, Member Linda Kowalski, Board Assistant and Recording Secretary I. ENVIRONMENTAL DECLARATIONS UNDER THE N.Y.S. ENVIRONMENTAL QUALITY REVIEW ACT (SEQRA): Motion was made by Chairman Goehringer, seconded by Member Doyen, to declare lead agency status and, having inspected the property and reviewed the information furnished in the application, hereby adopt Negative Declarations for the following as Unlisted Actions under the N.Y.S. Environmental Quality Review Act, as listed on tonight's agenda: Appl. No. 4338 - WILLIAM WAGNER. Accessory sign for nonconforming use. Appl. No. 4340 - J. GRILLO. Fence heights. Appl. No. 4341 - JERAD MOTEL CORP. for restoring cooking facilities use as existed formerly in motel without need for septic systems. Appl. No. 4344 - AMAC, INC. - variance concerns internal access of building. (Notices under SEQRA as prepared follow on next four pages, also for the above.) Page 2 - Minutes & Resolutions October 11, 1995 Regular Meet ' -APPEALS BOARD MEMBERS Southold Town Hall Gerard P. Goehringer,Chairman c < 53095 Main Road Serge Doyen,Jr. W z P.O. Box 1179 James Dinizio, Jr. O Southold, New York 11971 Robert A. Villa y� O� Fax(516)765-1823 Lydia A.Tortora Telephone(516) 765-1809 . BOARD OF APPEALS TOWN OF SOUTHOLD SEQRA UNLISTED ACTION DECLARATION October 11, 1995 Appeal No. 4338 Project Name: William Wagner County Tax Map No. 1000- 31-6-6 Location of Project: 7130 Main Road, East Marion, NY Relief Requested/Jurisdiction Before This Board in this Project: Placement of freestanding sign, as built, similar to former preexisting sign in this R-40 Zone District. The sign is accessory to a nonconforming use. 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 of€ects 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. {XX} 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. 1 Page 3 - Minutes & Resolutions October 11, 1995 Regular Meeting APPEALS BOARD MEMBERS o��gOFFO(,�co ti� G2 Southold Town Hall Gerard P. Goehringer,Chairman ® .mac 53095 Main Road Serge Doyen,Jr. y Z P.O. Box 1179 James Dinizio,Jr. O Southold,New York 11971 Robert A. Villa y�j�! ��0� 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. 4340 Project Name: J. Grillo County Tax Map No. 1000- 145-4-12.1 Location of Project: 365 Mesrobian Dr. (Private Right-of-Way) , Laurel, NY Relief Requested/Jurisdiction Before This Board in this Project: Extend height:.of portion of proposed fence from 4 ft. to 6 ft. and a height of 4 ft. ngar entranQe onto Pgconic Bar B1 d. This Notice is issue pursu 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. {XX} 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. ) )?or further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. mr Page 4 - Minutes & Resolutions October 11 , 1995 Regular Meet ' APPEALS BOARD MEMBERS O\OSVFFO��L,O hy� Gy Southold Town Hall Gerard P. Goehringer,Chairman c 1 53095 Main Road Serge Doyen,Jr. y Z P.O. Box 1179 James Dinizio,Jr. O Southold, New York 11971 Robert A. Villa y?��l �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: Jera- 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 1 i ke•ly:to occur s hoult tfte 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. gX } 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. Page 5 - Minutes & Resolutions October 11, 1995 Regular Mee ' APPEALS BOARD MEMBERS o��gUFFO�,�co hy, py Southold Town Hall Gerard P. Goehringer,Chairman c 1 53095 Main Road Serge Doyen,Jr. y = P.O. Box 1179 James Dinizio,Jr. O Southold,New York 11971 Robert A. Villa Fax(516)765-1823 Lydia A.Tortora O! �a Telephone(516)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD October 11, 1995 SEQRA UNLISTED ACTION DECLARATION Appeal No. 4344 Project Name: AMAC, INC, County Tax Map No. 1000- 122-7-1 Location of Project: 7400 Main Road, Laurel, NY Relief Requested/Jurisdiction Before This Board in this Project: Internal access of building (Relief Trom Conditions 3 and 4 under Appl. No. 4074 renderNiga§Aig�,iP9r2Asued 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 1 i ke--1y 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. {XX} 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. me Page 6 - Minutes Regular Meeting - October 11, 1995 Southold Town Board of Appeals Other applications which are setback or lot line variances are Type II Actions under the New York State list of SEQRA exemptions. Vote of the- Board: Ayes: All. (No objections were raised). This resolution was duly adopted. II. PUBLIC HEARINGS: The following public hearings were held at the times noted below: 7:35 - 8:05 p.m. Appl. No. 4336 - PEGGY HELLER (Owner of Property: NANCY DOUGLASS) requesting a Variance under Article III, Section 100-32, based upon the August 16, 1995 Notice of Disapproval from the Building Inspector for construction of a one-family dwelling with insufficient front and rear yard setbacks. Property location: 1145 Majors Pond Road, Orient; County Tax Map Parcel No. 1000-26-2-39.1; also known as Lot 3 on the Map of Willow Terrace Farms, Inc. , Suffolk County File No. 9572. Zone: R-80 Residential. Following testimony from Bruce Anderson, agent for the .applicant, and other statements raised, the hearing was closed (concluded), pending deliberations later. (See Findings of Fact and Determination rendered later during the meeting.) 8:05 - 8:10 p.m. Appl. No. 4338 - WILLIAM J. WAGNER requesting a Variance under Article XX, Section 100-205.1, based upon the June 16, 1995 Notice of Disapproval from the Building Inspector for placement- of a freestanding sign, as built, similar to former preexisting sign in this R-40 Zone District. This sign is accessory to a nonconforming use established at the premises for sales of antiques in conjunction with owner's residency. Location of Property: 7130 Main Road, East Marion; County Parcel No. 1000-31-6-6. Following testimony, the board took the following action: 3 I F a ' Page 7 - Minutes & Resolutions October 11, 1995 Regular Meeting ACTION OF THE BOARD OF APPEALS Appl. No. 4338 WILLIAM J-. WAGNER requesting a ':Varimice 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 s. freestanding sign, as built; similar to former preexisting sign , inlc this 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. WHEREAS, after due notice, a public hearing Was field on October 11, 1995, and at said hearing all those wbo 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; ajid WHEREAS, Board Members have personally , viewed and are familiar with the premises in question, its present /oning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. This is an appeal application June :16, 1995 Notice of Disapproval issued by the Building Inspector. lit an application filed with the Building Department, applicant has re(ItAested approval of a permit for an accessory ground sign, accessory to an existing one family dwelling with retail sales and repairof antiques and furniture. The grounds upon which the Notice of Disapproval is disapproved are .written as follows: Under Article XX, Section 100-205.1 this type of 'sign is not permitted in this zone (R-40) . Action required by Zoning Board of Appeals. 2. The property at which the subject sign is located' is zoned R-40 Residential. A Pre-Certificate of Occupancy No. Z13516 issued to Jane M. Schulte under date of July 1, 1985 shows that: ". . .the premises was (formerly) zoned "A" Residential and Agricultural:. . with insufficient setbacks of dwelling from front. property line approximately 25 ft. to porch, 35 ft. required. The barn is an Page 8- Appeal No. 4338 Application of WILLIAM J. WAGNER Decision Rendered October 11, 1995 accessory structure set back three ft. from the property line. Premises and buildings have nonconforming use .for retail sales and future repair. . . ." 3. Reference, is also made that use of the building as a one family residence in conjunction with owner's use as an. antique sales and repair shop is also personal knowledge of board members and board secretary. 4. For reference and file purposes, a copy of the April 3, 1975 survey issued to Jane M. Schulte has been submitted by the applicant showing the size and dimensions of the property, as well as the existing buildings. Noted in pen on the photocopy is the present sign location. 5. Section 100-205.1 of the Zoning Code provides as follows: ".._A. The following signs will be allowed in the residential areas of the town, which shall include all areas zoned A-C, R-40... : 1. Not more than two nameplates not to p:xceed two square feet in area; 2. One sign identifying the residential neighborhood not more than 18 sq. ft. in area, located not . less than 15 feet from the street; 3. If 'the appropriate circumstances exist, there may be a real estate, subdivision, contractor or yard sale sign. 4. Such other signs as may be authorized as variances by the Zoning Board of Appeals._ . Other zone districts are also permitted specific types of signs but which are not listed since they are not relevant to this R-40 Zone District. No provision is made, however, for signs which are accessory to a, nonconforming use. There is also no specific prohibition against allowing accessory uses with legxi nonconforming uses. 6. Under Section 100-241 "Nonconforming Uses, the following :is provided: 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, Page 9 Appeal No. 4338 Application of, WILLIAM J. WAGNER Decision Rendered October 11, 1995 except that such building or use: A. Shall not be enlarged, altered, extended, reconstructed or restored. . .,, nor shall any external evidence of such use be increased by any means whatsoever... The above provision is not applicable since there is .no, 'change in .the nonconforming use itself, only for the accessory sign. :structure. 7. Section 100-243 of the Zoning Code provides t1dai:' .. . 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. The above provision is also not applicable since thezlcr is .no change in the nonconforming use itself, only for the accessory sign structure. Placement of a sign is not considered a "principal.use." 8. The building inspector has determined tha is he is without authority to approve the subject sign except as may be authorized and directed by the Board of Appeals. } 9. It is the position of the Board in considering this application that signs are permitted accessory to any legally established use, and in an R-40 Zone district, such ground sign shall conform to the same provisions applicable to the zone district which normally provides for such use accessory to a conforming use. In other words, the size, location and other requirements applicable to the Light Business (LB) Zone District, which permits antiques and repair of antique furniture, shall govern for said ground sign - see 7 Section 100-205.1C. Accordingly, on motion 'by Member Dinizio; seconded by. Chairman Goehringer, it was RESOLVED, to hereby APPROVE based on 'a new determination that Section 100�-205.1 C shall apply, to this ground sign as a permitted accessory to a nonconforming antiques*. wales 'and repair shop-residence, on this parcel, and IT WAS FURTHER RESOLVED, to hereby DETERMINE' that '(in the future) owners may obtain approval from the Building Inspector . for new signs which are accessory to legally established nonconforming uses - subject to the size, dimension location,. setbacks and other sign restrictions governed by_ the provisions of the zone district applicable to said use (conformity), as if the same were a sign accessory to a conforming use status . . Vote of the Board: Ayes : Members Diniz'io , .Do,yen , Goeh- ringer, Villa- Tortora . This resolution was unanimously adopted . Page 10 - Minutes Regular Meeting - October 11, 1995 Southold Town Board of Appeals II. PUBLIC HEARINGS, continued: 8:10 - 8:20 p.m. Appl. No. 4339 - GINA MAXWELL requesting a Variance under Article IIIA, Section 100-30A.4, for permission to locate accessory storage shed in the required rear yard and partly in the side yard, as built and re-located from the former front yard 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. Following testimony, the board took the following action: (Continued on next page) Page 11 - Minutes & Resolutions October 11, 1995 Regular Meeting Southold Town Board of Appeals FINDINGS AND DETERMINATION DATE OF ACTION: October 11, 1995 APPL. ##4339. APPLICANT: GINA MARIE MAXWELL. LOCATION OF PROPERTY: 170 Orchard Street, Orient, NY. 1000-25-3-3.1. BASIS OF APPEAL: Notice of Disapproval issued September 7, 1995 by the Building Inspector: "Accessory structures required to be in a rear yard." PROVISIONS APPEALED FROM: Article IIIA, Section 100-30A.4 RELIEF REQUESTED: 12' by 8' accessory storage shed as built shown on the sketched survey map with a setback at or near the required three feet from property lines, with a small portion of the shed located in the westerly corner side yard and partly in the required rear yard. (Shed was relocated from a front yard location which also was "as built" without a building permit.) Lot coverage is increased by 96 -sq. ft. by this building and also requires this variance. MOTION MADE BY: James Dinizio, Jr. SECONDED BY: Serge J. Doyen ACTION/RESOLUTION ADOPTED: Granted as exists in present location, without plumbing facilities now or in the future . (Electric is allowable.) REASONS/FINDINGS: No alternative location is available due to limited yard areas and substantial 2-1/2 story dwelling (former fire house building) . Relief requested is not unreasonable, and the variance is minimal in relation to the requirement. Building is located as closely as possible to the required rear yard location. VOTE OF THE BOARD: Ayes: Serge J. Doyen, Member Robert A. Villa, Member (has misgivings) Richard A. Wilton, Member Lydia A. Tortora, Member Gerard P. Goehringer This resolution was unanimously adopted. Page 12 - Minutes Regular Meeting - October 11, 1995 Southold Town Board of Appeals PUBLIC HEARINGS, continued: 8:20 - 8:27 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. At the end of the hearing, the Board took the following action: Page ' 13 - Minutes Regular Meeting - October 11, 1995 Southold Town Board of Appeals PUBLIC HEARINGS, continued: 8:27 - 8:55 p.m. Appl. No. 4340 -JOSEPH AND SUSAN GRILLO requesting a Variance under Article XXIII, Section 100-231 for permission to extend height of a portion of proposed fence from 4 ft. to 6 ft. along the westerly edge_ of the applicant's land used as a private right-of-way, and the northerly end near the entrance onto Peconic Bay Boulevard for a height of four feet, which will not conform to, Section 100-232B in that the, required height exceeds 2.5 feet above average street level without a required isosceles triangle having 30 ft. sides along each corner to preserve sight lines for traffic. Property Location: S/s Peconic Bay Boulevard known as 365 Mesrobian Dr. (Private Right-of-Way), Laurel; County Tax Map Parcel No. 1000-145-4-12.1. The hearing was opened and testimony was received (see separate written transcript of hearing prepared and filed for reference). Motion was made at the end, by Chairman Goehringer, seconded by Member Tortora, and duly carried, to recess and continue the hearing at the next meeting (Nov. 8th, 1995). This resolution was unanimously adopted. 8:55 - 9:33 p.m. Appl. No. 4341 -JERAD MOTEL CORP. (a/k/a SUNSET MOTEL) requesting a Variance under Article XXIV, Section 100-243A and 100-243B 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. After receiving all testimony, the hearing was declared closed, pending a decision later in the evening. 9:33 - 9:43 Ten-minute break. Meeting reconvened at 9:43. PUBLIC HEARINGS, continued: 9:43 - 9:56 p.m. Appl. No. 4343 - HENRY and LINDA STEFFENS requesting a Variance under Article IIIA, Section 100-30A.3 and Article XXIII, Section 100-239.4B based upon the September 14, 1995 Notice of Disapproval issued by the Building Inspector, for permission to construct alteration and addition to existing dwelling, which is proposed a reduction in the side yard and bulkhead setbacks. Location of Property: 4522 Great Peconic Bay Boulevard, Laurel; County Tax Map Parcel' No. 1000-128-4-19. At the end of the hearing, the Board took the following action: Page 14 - Minutes & Resolutions October 11, 1995 Regular Meeting Southold Town Board of Appeals FINDINGS AND DETERMINATION DATE OF ACTION: October 11, 1995 APPL. #4343. APPLICANT: HENRY STEFFENS. LOCATION OF PROPERTY: 4522 Great Peconic Bay Blvd. , Laurel. COUNTY TAX MAP DISTRICT 1000, SECTION 128, BLOCK 4, LOT 19. BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector dated 9/14/95. "Under Article IIIA, Section 100-30A.3 and Article XXIII, Section 100-239.4B, respectively, proposed construction will have insufficient total side yard setbacks and will not have required 75 ft. setback from a bulkhead." PROVISIONS APPEALED: Art. III & XXIII, Sec. 100-30A.3 & 100-239.4B. RELIEF REQUESTED: The August 15, 1995 updated survey map shows a proposed setback at 49.9' from the outer wood bulkhead, and maintaining a similar nonconforming setback established at the southeast corner of the existing house at 23+- feet. The side yard setbacks will be reduced by nine feet to 20.8 feet at the westerly side and maintaining the same nonconforming setback of 10.4 ft. at the easterly side. The additions proposed are for a 24.6+- setback from the 5' raised entry to the proposed deck in the rear yard. MOTION MADE BY: Lydia Tortora SECONDED BY: James Dinizio, Jr. ACTION/RESOLUTION ADOPTED: Approved as applied for. REASONS/FINDINGS: Property has a narrow width of 73 feet, widening out to 91 ft. along the Great Peconic Bay. The parcel is shown to be created by deed in or about 1963. The actual buildable area of the property is limited and restricted based upon the location of the one-story frame house which was built prior to 1959 (according to assessment records) . The deck additions are not unreasonable due to the variable contours of the land and the substandard size of the property, and it is not substantial in relation to the requirements. There will be no benefit afforded the applicant if the variance were denied, and a grant of the variance as approved will not cause a detriment to surrounding properties regarding environmental or physicial conditions. {Note: The other addition and new garage proposed as shown on the plan are not under the purview of this variance application as written under the Building Inspector's disapproval.) VOTE OF THE BOARD: Ayes: Serge J. Doyen James Dinizio, Jr. Robert A. Villa Lydia A. Tortora Gerard P. Goehringer, Chairman This resolution was unanimously adopted. Page 15 - Minutes Regular Meeting - October 11, 1995 Southold Town Board of Appeals 9:56 - 10:02 p.m. Appl. No. 4344 - BERNARD FISHER requesting a variance under Article III, Section 100-32, based upon the September 18, 1995 Notice of Disapproval issued by the Building Inspector, for permission to locate proposed dwelling with reduced side yards on this 2.96+- acre parcel, which parcel contains a nonconforming lot width of 61.78 along New Suffolk Avenue, and slightly wider at the building setback line. Property identification: 520 New Suffolk Avenue, Mattituck; County Parcel No. 1000-114-12-4. Zone: R-80 (abutting R-40 and HB Zones along New Suffolk Avenue). AT the end of the hearing, the Board took the following action: Page 16 - Minutes & Resolutions October 11, 1995 Regular Meeting Southold Town Board of Appeals FINDINGS AND DETERMINATION DATE OF ACTION: October 11, 1995 APPL. #4345. APPLICANT: BERNARD FISHER (LOUISE EHLERS, OWNER) LOCATION OF PROPERTY: S/s New Suffolk Ave. , Mattituck. 1000-114-12-4. BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector dated September 18, 1995. "Proposed construction will have insufficient side yards. Also lot has insufficient width as required at building or street line. . . ." PROVISIONS APPEALED FROM: Article III, Section 100-32. RELIEF REQUESTED: Side yards proposed at 11.5 feet and at 15 feet for a total of 26.5 feet for a principal dwelling. Also, lot width at building setback line is approximately 64 feet, and at 61.78 feet at the street line shown on the Roderick VanTuyl, P.C. survey of September 6, 1995, amended September 12, 1995. MOTION MADE BY: Gerard P. Goehringer, Chairman SECONDED BY: James Dinizio, Jr. , Member ACTION/RESOLUTION ADOPTED: Granted as applied. REASONS/FINDINGS: 1. Size of property as a whole conforms at 129,065 sq. ft. including wetland areas. 2. The dwelling is proposed at an elevation 15 or more feet from mean sea level and is subject to receiving County Health Department for the location of septic and water systems, and other approval and/or waivers from the Southold Town Trustees and N.Y.S. Department of Environmental Conservation. 3. All other zoning requirements are proposed to be complied with. 4. This parcel borders an HB Zone District (Handy Pantry retail store) on the west, and is proposed approximately 100 feet, or more, from the nearest residence. 5. There is no alternative for appellants to pursue other than a variance. 6. The relief requested is the minimum necessary to afford relief from the required 20 and 25 ft. side yards in this R-80 Zone which borders the HB Zone on the west which only requires a 10 ft. side, and borders the R-40 Zone on the east side which requires 15 and 20 sides. VOTE OF THE BOARD: Ayes: Serge J. Doyen, Member James Dinizio, Jr. , Member Robert A. Villa, Member Lydia A. Tortora, Member Gerard P. Goehringer, Chairman-Member. This resolution was unanimously adopted. + Page 17 - Minutes Regular Meeting - October 11, 1995 Southold Town Board of Appeals PUBLIC HEARING items, continued: The next application was continued November 8, 1995 as requested by letter from the applicant and his agent: Appl. No. 4344 -AMAC, INC. (SUKRU ILGIN) requesting a Variance for relief of Conditions No. 3 and 4 of ZBA Determination rendered March 25, 1992. Property: 7400 Main Road, Mattituck (Laurel School District); County Parcel No. 1000-122-7-1. Zone: B-General Business. Motion was made by Chairman Goehringer, seconded by Member Doyen, and duly carried, to recess the hearing under the Application of Amac, Inc. (Sukru Ilgin) until November 8, 1995. This resolution was unanimously adopted. (End of public hearings. Meeting agenda continued to Item III, for deliberations and determinations, infra.) III. REMAINING DELIBERATIONS/DECISIONS: from tonight continued on the following pages in the order noted below: Appl. No. 4317 - EDWIN and DONALD TONYES. Appl. No. 4336 - PEGGY HELLER Appl. No. 4341 - JERAD MOTEL CORP. (a/k/a SUNSET MOTEL) _ r Page 18 - Minutes &. Resolutions Regular Meeting Dctober 11, 1995 { Southold Town Board of Appeals FINDINGS AND DETERMINATION Appl. No." 4317. Application of EDWIN and DONALD TONYES .t his is a request for a Special Exception under Article IX, Section- 100-91B ' for _ permission to convert existing building in this Iiamict-Business (HB) Zone District. The subject lot with existing house; contains .a total area of 10,615 sq ft. and is identified as . 100t1-62�1-14. The applicants also have an interest in an adjoining ; lot ' .identified as 1000-62-1-13 containing approximately 10,500 sq. ft,, in area which is r being offered in this project to increase the, . available. land area. Both lots are located on the north ,side of the Main Ros.d, ,Southold, and are in the HB Zone District. WHEREAS, public hearings -were held on July 12, 1995, and September 13, 1995, at which times any and all persons,.who desired to A be heard were heard and their testimony recorded; and WHEREAS, the: Board has carefully considered all testimony and documentation submitted concerning this application; •aad r t WHEREAS, the , Board members have personally viewed and are familiar with the premises in question, its present .zoning, -and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. APPLICANTS' REQUEST: This application is a request for approval of one of the following uses:. (a) two-family dwelling,use with retail store, referred to as "A"; (b) three-family dwelling., referred to as "B"; or (c) two separate apartments for rental purposes, referred to as "C." 2. EXISTING PRINCIPAL USE: The existing :building .is shown on the town's records as 1-'1/2 story construction, plus one` story at the rear portion of the building. A Certificate of Noncoabforming Premises No. , Z13809 issued August 31, 1985 'indicates that wthe property is permitted to be used as a one-family dwelling with accessory buildings in what was then zoned "B-1 General Business," based on the, July 11; 1985 survey prepared. by Peconic Surveyors, P.C. ''k ji is 1"%"W Page 19 Appl. No. 4317 ti Matter of EDWIN and DONALD TONYES Decision Rendered October 11, 1995 . 3. SIZES OF BOTH PARCELS:: As part of this application, the applicants are offering the merger of two separately -owned parcels,- as follows: (a) the easterly parcel of 60.501 x 183.91 which is improved with a dwelling structure and accessory buildings; (b) the westerly vacant parcel which consists of a size of 40' x 182+- feet. Both parcels are located in the HB Hamlet Business Zone District. 4. OCCUPANCY. Inspection by Board Members shows that there is more than tenant renting an apartment on the premises'. , Concerns have been raised (in writing) by one of the tenants which will need to be addressed by, the owner with the enforcement officer (or building inspectors). These letters have been transmitted to the, enforcement, department since enforcement is not under the jurisdiction of this Board. 5. CODE PROVISIONS: The code provisions rolative to the use requested by applicants are noted as follows a) Section 100-91B-2 for a thr6e-family use als' o referred to as a multiple dwelling; b) Section 100-9111-2 for a two-family use in conjunction with a retail store;, C) Section 100-9111-2 for two apartments in lieu of a three-family use since a three-family use would require 60,000- sq. ft. of land area; Applicants are offering a second parcel. for a 'double use (two apartment units). 6. OTHER CODE SECTIONS: Other provisions applicable to the Hamlet Business Zone District are as noted below: a) Section 100-9111-4 which would permit an apartment over retail store or professional office subject to the following requirements: . . .a. The explicit written approval of the Town. Fire Prevention Inspector shall be obtained for the design,, location, access and other safety-related elements of every such apartment. No apartment shall be permitt6d ' over filling stations, stores retailing flammable or fume-producing goods, restaurants or other businesses with kitchens or other facilities producing intense heat or any other establishment which the Fire Prevention Inspector determines to pose a greater-than-average built-in fire risk. b. The habitable floor area of each apartment shall be at least four hundred fifty (450) square feet, but in no case Page 2 0 - Appl. No. 4317 Matter of EDWIN and DONALD TONYES ?; Decision Rendered October 11, 1995 more than seven hundred fifty (750) square feet. The apartment shall not be located on the .first floor of the building, and the apartment shall contain all services for safe and convenient habitation, meeting the New York State Uniform Fire Prevention and Building Code and the Sanitary Code. . . .c. There shall be no more than three (11) apartments created or maintained in any single building, . . .d. Each apartment, or common hallway servicing two (2) or three (3) apartments, shall have a separate access to the outside of the building, which must be distinct from the access to uses on the first floor. . . .e. Each apartment shall have at least onn.e: (1) on-site off-street parking space meting the standards of this chapter, conveniently located for access to tine apartment. .f. Only the owner of the building in. wl ich it is proposed to .locate the apartment(s) may apply for this special permit. The Board of Appeals shall .t-equire that that such applicant execute su.ch agreements, contracts, easements, covenants, deed restrictions or other legal instruments running in favor of the town as, upon recommendation of the Town Attorney, the .Roard shall determine to be necessary to ensure that: (1) The apartment, or any proprietary or.'other interest therein, will not be sold to the tenant or any other party, except as part of a sale of the entire building; in which the apartment is located. (2) The apartment is made available for year-round rental. (3) The apartment is properly constructed, maintained and used, and unapproved uses are excluded therefrom. (4) Any other condition deemed reasonable, and necessary to ensure the immediate and long-term success of the apartment in helping to meet identified housing needs in the community is complied with. 7. STANDARDS: The Board Members have considered the all standards for a Special Exception, and find that: A. That the use will not prevent the ordei:-l.y and reasonable use of adjacent properties or of properties in adjacent use districts Page 21 - Appl. No. 4317 Matter of EDWIN and DONALD TONYES Decision Rendered October 11, 1995 due to the established uses of mixed business, residential., and varied retail uses in the immediate area; B. That the use will not prevent the orderly' and reasonable use of permitted or legally established uses in the district wherein the proposed use is to be located or of pekinitted or legally established uses in adjacent use districts due to the established mixed business, residential and retail uses in the immediate area and the fact that the zoning code legally provides for this usc„ .; C. That the 'safety, health, welfare, comfw-t, convenience or order of the town will not be adversely affected by. l:he proposed use and its location because it is an authorized harslet use and the property will become larger when merged with the adjoining westerly parcel (1000-62-1-13 & 14 combined); D. That the use will be in harmony with and promote the general purposes and intent of this chapter; E... .,That the use will be compatible with its surroundings and with the character of the neighborhood and of the community in general, particularly with regard to visibility, scale and overall appearance; F. That the building in which the proposed use is hereby authorized is readily accessible for fire and police protection (the fire department is three parcels distant from this' property and the building must meet all fire code regulations). In making this determination, the Board Members also considered the following: A. The character of the existing and probable development of uses in the district and the peculiar suitability of such district for the location of any such permitted uses. B. The conservation of property values and the encourage- ment of the most appropriate uses of land. C. The effect that the location of the proposed use and the location that entrances and exits may have upon the creation or undue increase of vehicular traffic congestion on public st eats, highways or sidewalks to assure the public safety. D. The availability of adequate and proper public or private water supply and facilities for the treatment, removal or discharge of sewage, refuse or other effluent (whether liquid, solid, gaseous or otherwise) that may be caused or created by or as a result of the use. Page 22 - Appl. No. 4317 Matter of EDWIN and DONALD' TONYES Decision Rendered October 11, 1995 E.. Whether the use or the materials irac:ad�:ntal thereto or produced thereby may give, off obnoxious gases, odors, smoke' or sloot .` . F. Whether the' use will cause disturbing emissions of electrical discharges, dust, light, vibration or noise:" ' G. Whether the operation in pursuance of thpe use will causg F, undue interference with. the orderly e o went b the. ublic of arkin or of recreational facilities, if existing or if, proposed by the town or by other competent governmental agencies.. f= H. The necessity for bituminous-surfaced.space for purposes of off-street parking of vehicles incidental to the use and whether such space is reasonably adequate ' and appropriate. and can be furnished by the owner of the plot sought to be .used ` within or adjacent to the plot wherein the use .shall be located { 'm I. Whether a hazard to life, limb or pro' erty because; of fire, flood, erosion or panic may. be created, by reason of or as a result of the .use or by the .structures to be used therefore or by the <_ inaccessibility of the property or structures thereon., for the s; convenient entry and operation of fire and other emergency" apparatus or by the undue concentration or assemblage of persons upon such plot. J. Whether the use or the structures `to 6e.used therefore will cause an overcrowding of land or undue concentra Lion of population. K. Whether the plot area is sufficient, appropriate and adequate for the use and the reasonably anticipated operation and t. expansion thereof. ;a L. Whether the use to be operated is unre-.asondbiy near to a church- school theater, recreational area or other `place of public assembly. {?a M. Whether the site of the proposed use is particularly suitable for such use.. N. Whether adequate buffer yards and screening can and , will be provided to protect adjacent properties aild land uses from fy possible detrimental impacts of the proposed use:. O. Whether adequate provision can and will be.made. for the � collection and disposal of stormwater runoff, sewage, refuse and other liquid, solid or gaseous waste which the proposed use will'generate. z r> P. Whether the natural ' characteristics of the site- are such that the proposed use may be introduced they.:', without ' undue Jj disturbance or disruption of important natural_ features; systems or w., ._zfr!.: ,.J,. fi a- �sn- ., ...l, .v.a .. ,r ,.. ..,.... i,..,.,.3.5,.�..-ki'...e.rk''e k' ..-•ju�,��•' Page 23 - Appl. No. 4317 Matter of EDWIN and DONALD TONYES Decision Rendered October l l, 1.995 processes and without risk of pollution 1.0 grOUDA .Itcr and surlllee waters on and off the site. 9. DENIAL OF PLANS A AND B: The Board determines .further that the applicants' two remairung requests for multiple uses by Special Exception is hereby denied for the following rcasons: a). the land area requirement for each unit is 20,000 pew use, or 60,000 sq. ft. - this project does not meet this requirement at. 19,500+- sq. ft. of total land area (even while merging both parcels into one lot); and b)' a building construction plan o1' the proposed layout of the building certified by an engineer as required by the State fire and building codes has not been submitted for coordination and further consideration; c) new entrances to the building, new driveway and other site plan elements have not been submitted for consideration, and coordination has not been made possible with the Town Planning .Board who also would appear to have jurisdiction for multiple-use applications for site plan approval. 10. The second pairt of: this request: is for an area variance relevant to the size of the property. at 2.1.,130 sq. ft. which is less than the code requirement of. 80,000 sq. ft. of land area for a two-family dwelling (ref. Zoning Code Bulk Schedule) . In considering the variance application pertaining to the nonconformit.ies of tlae lot_ which has existed for more than 40 years (including lot size and other nonconforming setbacks of the principal building), the Board also finds and determines: (a) that the essential character of the neighborhood will be not altered by the grant of the relief requested since this property is substantially larger (double) than the properties in the neighborhood with single uses; (b) that the relief as requested is the minimum necessary to afford relief to the applicants; (c) the difficulties claimed do not violott) the permitted lot size or setback schedules of. tl�' e Code pertaining to improved, preexisting nonconforming lots; (d) that there is no alternative whicli is feasible for appellant to pursue other than this variance since there is no other land area available; Page '24- Appl. No. 4317 Matter of EDWIN and DONALD TONYES Decision Rendered October 11, 1995 (e) that the use proposed for two separate- apartments within a single building, with a "double" lot (the property is double the size of lots generally existing in the neighborhood and the character will continue to be residential); (f) in considering all of the above factors; the interests of justice will be served by granting a Special Exception for two apartments in a single building, as conditionally noted below. Accordingly, on motion by Chairman Goehringe�r, seconded by Member Tortora, it was RESOLVED, that Plans A and B are hereby DENIED for the reasons noted above, and BE IT FURTHER RESOLVED, that alternatively (as agreed by a[Aicants), Plan C for two apartments` within a single building, bo .and hereby is GRANTED a Special Exception, SUBJECT TO THE FOLLOWING CONDITIONS 1. Applicants shall furnish to the Office of the Board of Appeals (for acceptance) a copy of a fully signed and record.(;d deed describing both parcels, identified as 1000-62-1-13 and 14 as a single lot prior to obtaining a building permit from the building department and prior to obtaining a certificate of occupancy for the. (proposed) two apartments; 2. - There shall be no habitable floor area and no business activities in the subterranean area (basement or lower area); 3. The .detached garage must, remain accessory and incidental to one of the apartments and is not permitted to be used for separate rental purposes; 4. That the Building Inspector is hereby asked to .inspect the conditions of the shingles on the easterly side to be brought to code (replaced) as determined by him to be proper; 5. That the two apartments conditionally alpp.roved . shall be subject to the 9%22/95 building inspector's letter of compliance and Joseph Fischetti's engineer report, as well as all other applicable codes and regulations; 6. That the two apartments conditionally approved herein shall be located properly above grade (not as a basement ap}artment area) as required by codes. *Apartments defined as separate housekeeping or residential units. Page 25 - Minutes & Resolutions October 11, 1995 Regular Meeting Southold Town ZBA ACTION OF THE BOARD OF APPEALS DATE OF ACTION: October 11, 1995 APPL. #4336. APPLICANT: PEGGY HELLER (or NANCY DOUGLASS). LOCATION OF PROPERTY: 1145 Majors Pond Road, Orient. COUNTY TAX MAP DISTRICT 1000, SECTION 26, BLOCK 2, LOT 39.1. BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector dated 9/14/95. "Insufficient front yard setback as set forth in the Zoning Code . . . 100-30A.3." PROVISIONS APPEALED FROM: Article III, Section 100-30A.3. RELIEF REQUESTED: The June 29, 1995 updated survey map shows a proposed setback at 43' from the edge of the step (stoop) to the westerly front property line, and 47+- feet to the edge of the asphalt pavement within the roadway. The distance between the outside wall of the outside on the westerly yard to the property line is shown to be 55+- feet at the closest point. The setback from the southerly side property line is shown at 82+- feet, and from the northerly side property 231+- feet. MOTION MADE BY: James Dinizio, Jr. SECONDED BY: Serge J. Doyen ACTION/RESOLUTION ADOPTED: Approved as applied for. REASONS/FINDINGS: Property is a wide but narrow lot due to the wetlands from the pond area and general variable contours in this FEMA zone. The house is proposed to be located in the FEMA C Zone area to mitigate flooding possibilities as recommended by the other agencies (including the Suffolk County Health Department under HS Ref. No. R10950049, NYS Department of Environmental Conservation conditional permit No. 1-4738-01114-/00001-0, and Town Trustees. The relief requested is not substantial in relation to the requirement. There will be no benefit afforded the applicant if the variance were denied, and a grant of the variance as approved will not cause a detriment to surrounding properties regarding environmental or physicial conditions. VOTE OF THE BOARD: Ayes: Serge J. Doyen, Member James Dinizio, Jr., Member Robert A. Villa, Member Lydia A. Tortora, Member Gerard P. Goehringer, Chairman-Member This resolution was unanimously adopted. Page 26 - Minutes & Resolutions October 11, 1995 Regular Meeting Southold Town ZBA 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 Lone. Property location: 62005 C.R. 48, Greenport, NY; County Tax Map Parcel. No. 1000-40-1-1. WHEREAS, after due notice, a public hearing was held on . October 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 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 7 - 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 2 8 - 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 o 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 500 of its value. The Town's assessment records and personal knowledge of board Page 2 9 - 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 propocty 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`.' 1000-40-171 for the above reasons. Vote of the Board: Ayes: Members Doyen, Goehringer, Dinizio, Tortora, and Villa. This resolution was unanimously adopted. Page 3 0 - Minutes _ Regular Meeting - October 11, 1995 Southold Town Board of Appeals IV. OTHER NEW APPLICATIONS WERE REVIEWED and ACTION taken as noted below: A. Appl. No. 4337 - LAWRENCE NUKE. E/s Westphalia Road and S/s Private Road, Mattituck. 1. Board Member(s) confirmed site inspection and review of incomplete application furnished to board members. 2. Board Members are still awaiting the following information from applicant requested by former ZBA Resolution: a) await County Health Department status and recom- mendations for location of a house, cesspool and water well systems from the NYS Department of Environmental Conservation, and (b) Await accurate, complete search prepared by a licensed title insurance company to address history of ownership of private road to the north of subject lot and additionally insure the Town of Southold in the amount of $25,000 for a determination on the lot creation. B. RESOLUTION: Motion was made by Chairman Goehringer, seconded by Member Dinizio, and duly carried, to ADVERTISE the following applications for public hearings to be held on WEDNESDAY, NOVEMBER 8, 1995: 7:32 p.m. Appl. No. 4347 - DORIS KERR BROWN. This is a request, based upon the October 11, 1995 Notice of Disapproval issued by the Building Inspector, in which applicant applied for a building permit to relocate an existing dwelling, and which application was disapproved on the following grounds: "Under Article XXIII, Section 100-239.4.A(1) (portion of) proposed relocation is less than 100 feet from the Long Island Sound bluff." Property Location: 3400 Private Road #12 off the north side of Bergen Avenue, Mattituck, NY; Parcel ID No. 1000-112-1-17. 7:35 p.m. Appl. No. 4346 - REGINALD MINOR. This application is based upon the October 3, 1995 Notice of Disapproval issued by the Building Inspector, wherein applicant is requesting a building permit for an accessory inground swimmingpool, and which application was disapproved on the following grounds: "Under Article IIIA, Section 100-30A.4 proposed construction shall be installed in the required rear yard. Under Article XXIII, Section 100-231, fences in residential zones shall not exceed four feet in height in a front yard. Under Section 45-8 a building permit is required before a fence can be installed or replaced." Location of Property: 360 Private Road #1 (Stephenson Road) Orient; Parcel No. 1000-17-1-12. Page 3- 1 - Minutes Regular Meeting - October 11, 1995 Southold Town Board of Appeals (Resolution - Hearings for Nov. 8th, continued:) 7:40 p.m. Appl. No. 4340 - J. GRILLO. (Recessed from October 11, 1995) . Variance for fence height location commencing near Peconic Bay Boulevard and running to the south along the westerly side of right-of-way known as Mesrobian Drive, Laurel, NY. 1000-145-4-12.1. 7:50 p.m. Appl. No. 4348 - MR. AND MRS. THEODORE PETIKAS. This is a request for a variance under Article XXIX, Section 100-239.4, based upon the October 17, 1995 Notice of Disapproval issued by the Building Inspector wherein applicants are requesting a building permit for a 6 ft. wide deck entry from the easterly side of the dwelling to a proposed raised deck area within 100 feet of the low bank of the Long Island Sound. Propeky location: 52755 Soundview Avenue, Southold; County Tax Map Parcel No. 1000-135-1-27. 8:00 p.m. (Recessed from October 11, 1995) Appl. No. 4344 - AMAC, INC. (SUKRU ILGIN) requesting a Variance for relief of Conditions 3 and 4 of ZBA Determination rendered March 25, 1992 under Appl. No. 4074 which Conditions read as follow: ". . .3. There shall be only one entrance for the convenience store area, that being located only at the east side of the existing building; and 4. There 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 at: 7400 Main Road, Mattituck (Laurel School District); Parcel #1000-122-7-1. B-General Business Zone District. 8:10 p.m. Appl. No. 4349 - PHILIP LAGRECA. This is a request, based upon the October 13, 1995 and October 26, 1995 Notices of Disapproval issued by the Building Inspector, in which applicant applied for a building permit to add a deck to existing dwelling, and received a building permit to add an extension at the rear of dwelling. Under Article III, Section 100-32, variances are requested for a reduction in the rear yard setback at 465 Hyatt (private) Road, Southold, NY; County Tax Map Parcel No. 1000-54-01-11. 8:20 p.m. Appl. No. 4350 - THOMAS McCARTHY. This is an appeal for an Interpretation based upon a Stop Work .Order issued on 10/18/95 by the Building Inspector suspending all work for the reason that construction fails to comply with Article XXIV, Section 100-242A and B-1 of the Zoning Code which at sub-section B-1 provides that ". . .A nonconforming building containing a conforming use which has been damaged by fire or other causes to the extent of more than fifty percent (50 0) of its fair value shall not be repaired or rebuilt unless such building is made substantially to conform to the height ' Page 3 2 - Minutes Regular Meeting - October 11, 1995 Southold Town Board of Appeals (Resolution - Hearings for Nov. 8th, continued:) and yard requirements of the Bulk Schedule." Location of Property: 375 King Street, New Suffolk; County Tax Map Parcel No. 1000-117-7-8.3. 8:35 p.m. Appl. No. 3451 - EDWARD AND JEAN ZUHOSKI. This is a Variance requesting relief under Article XXIV, Section 100-244B for permission to construct an extension of existing carport which would be located with a reduced front yard setback on this nonconforming lot (substandard lot area and width). Location of Property: 18250 County Road 48, Cutchogue; County Tax Map Parcel No. 1000-96-4-1.1. This resolution was unanimously adopted. VI. The following OTHER UPDATES and REMINDERS were confirmed: Next ZBA Meeting: Wednesday, October 11th. Code Review Session: None as yet. Planning & Zoning Session: None since Sept. 7th, as yet. ZBA Budget 1996. The Chairman confirmed the new proposal for 1996 that he is requesting. VII. Permit booket. Minor changes were added and noted by the ZBA staff, and referred to the Supervisor's Office. At the last ZBA Meeting, Member Tortora indicated that she found several misrepresentations (errors) within each area of jurisdiction and would like each department to prepare its own synopsis. Both the Board Secretary and Member Tortora with the Chairman indicated they would like to see actual references to "provisions of law" and removal of some of the present wording. VIII. Article 78 'Proceeding. Board Members all received copies of Justice Cohalan's decision with regarding to the Ammirati proceeding. The Judge found in favor of the Town and dismissed Ammirati's petition against the ZBA. The Chairman declared the meeting adjourned at 11:55 p.m. Respectfully submitted, da F. Kowalski Confidential Secretary to ZBA -Approved for filing :I RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DF�TE��l /cJ6 I-zOUR n ork, ow os outho