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HomeMy WebLinkAboutGasser, Wm. F. Amend.#134 JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATIST[CS MARRIAGE OFFICER Town Hall, 53095Main Road P.O. Box 1179 Somhold, New York 11971 Fax (5161 765-1823 Telephone (5161 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON SEPTEMBER 21, 1993: WHEREAS, William F. Gasser and The American Armoured Foundation, Inc., by petition filed May 27, 1992, applied to the Town Board of the Town of Southold for a change of zone on certain property located on the northeasterly side of Love Lane, Mattituck, from Light Industrial District ("LI") and Residential Office District ("RO") to Hamlet Business District ("HB"); and WHEREAS, the said petition was referred to the Southold Town Planning Board and Suffolk County Department of Planning for official recommendations and reports; and WHEREAS, the Town Board, pursuant to due notice, held a public hearing thereon on the 10th day of November, 1992, at which time all interested persons were given an opportunity to be heard; now, therefore, be it RESOLVED that WilLiam F. Gasser and The American Armoured Foundation, Inc. be granted the relief demanded in said petition subject to the execution the Suffolk County Clerk's Office of the following Declaration of Restrictions which are hereby made a part of the Town Board's and hereby is and record in Covenants and decision: WHEREAS, Foundation, York 11779) of Southold, declarant (Willaim F. Gasser, President of American Armoured Inc., with business address of 2383 Fifth Avenue, Ronkonkoma, New is the owner of certain real property situated in Mattituck, Town Suffolk County, New York, with Suffolk County Tax Map Designation (SCTM) 1000-140-2-16, commonly known as the "Tank Museum" and more particularly described as follows: All that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Mattituck, Town of Southold, County of Suffolk and State of New York, which is bounded and described as follows: Beginning at a point on the corner formed by the intersection of the northeasterly side of Love Lane with the northwesterly side of property of the Long Island Rail Road Company and from said point of beginning; running thence northwesterly along the northeasterly side of Love Lane, North 35 degrees 17 minutes 40 seconds West 50 feet; running thence along the land now or formerly MacMillian and Hawkins North 45 degrees 05 minutes 00 seconds East 187.64 feet; running thence along the land now or formerly of MacMillian and Hawkins North 35 degrees 17 minutes 40 seconds West 336.23 feet to the northeasterly side of Middle Road; running thence northeasterly along the southeasterly side of Middle Road, North 55 degrees 02 minutes 20 seconds East 60.00 feet; running thence South 35 degrees 17 minutes 40 seconds East along the land now or formerly of Wines 375.72 feet to land of the Long Island Rail Road Company; runni.ng thence along land of the Long Island Rail Road Company South 45 degrees 05 minutes 00 seconds West 248.50 feet to the corner aforesaid and point or place of Beginning. WHEREAS, the Town Board of the Town of Southold has determined that rezoning of the subject premises to Hamlet Business District represents an upzoning and will result in a less intense use of same and is in conformity with continuous properties; and WHEREAS, the Town Board has determined that the use of the premises as a Light Industrial District is not a permitted use; and WHEREAS, the Town Board has determined that the intended use of the premises as a museum with certain safeguards is not offensive; and WHEREAS, the Town Board determined that there is sufficient off-premises parking available to possible patrons of the museum and that on-premises parking will not be required for the intended use; and WHEREAS, for and in consideration of the granting by the Town Board of the Town of Southold, on September 21, 1993, of a change of zone from Light Industrial ("LI") District and Residential Office ("RO") District to Hamlet Business ("HB") District to declarant, William F. Gasser and the American Armoured Foundation, Inc., the Town Board of the Town of Southold has required that the within declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS, declarants have considered the foregoing demand and determined that based'upon the limited nature of the intended use as a museum will be in the best interests of the declarants and the community; NOW. THEREFORE, THE DECLARANTS WlTNESSETH: 1. The gun tower, presently located near the Love Lane entrance to the subject premises and depicted on the survey prepared by Roderick Van Tuyl, P.C., as amended September 9, 1991, a copy of which is annexed hereto, is to be moved to -a point not closer than one hundred (100) feet from the Love Lane entrance. 2. The premises shall be accessible to the public and for repairs, to the extent necessary only during the following hours of operation: Monday through Friday 9:00 A.M. to 5;00 P.M., and Saturday and Sunday 10:00 A.M. to 7:00 P.M. In addition, the premises shall be accessible on Monday and Thursday evenings from 6:00 P.M. to 9:00 P.M. strictly for the purpose of accommodating veterans' groups, Boy Scouts and other such organizations. 3. All exterior lighting shall be shielded to the property, directed away from contiguous property owners, and shall be of such a type as to minimize glare. 4. The premises shall be screened to the property existing to the northwest of the subject premises and shall, if possible, be of a natural vegetative type. 5. The change of zone shall not in any way be considered at the granting of any variance necessary to the proposed use. 6. Declarants, for the purpose of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant and agree that the said premises herein described shall hereinafter be subject to the above- stated covenants which shall run with the land be binding upon all purchasers and holders of said premises, their heirs, executors, legal representatives, distributees, successors, assigns and that these covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of the majority plus one of the Town Board of the Town of Southold or its successor body, after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing, but their consent to such modification shall not be required~ September 22, ]993 DEPARTMENT OF PLANNING Town Clerk Town of Southold COUNTY OF SUFFOLK RoBert J. GAff~EY SUFFOLK COUNTY E:~ECUTIVE RECEIVFD SEP '!, E 199 September 10, 1992 Applicant: William F. Gasser and The American Armoured Foundation, Inc. Zoning Action: Change of zone from "LI" & "RO" to "HB" Mun. File No.: 1000-140-2-16 S.C.P.D. File No.: SD-92-10 Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval. Comments: Would appear to necessitate a comprehensive re-evaluation of prevailing zoning patterns in the locale to insure consiptency with local planning/zoning objectives. Very truly yours, Arthur H. Kunz Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner CHANGE OF ZONE NO. 13q WHEREAS, a petition was heretofore filed with the Town Board of the William F. Gasser and Town of Southold by . .T.t~..&m~.r.~g...6~.~f~.~.r.~..~.~gF~.~.~J~.~,...!.~F~:.. requesting a change, modification and amendment of the Building Zone Ordinance including the Building Zone Maps made apart thereof by chang- Liaht Industrial ("LI") District aha . ,, - - O~s~,~*a Offce~"R-O"a, ..... Hamlet Busness ( HB lng Trom,.~.~.e..~.,.~ ..................k ......... L~lSll:rlCl' [O ............... District the property described in said petition, and WHEREAS said petition was duly referred to the Planning Board for its investigation, recommendation and report, and its report having been filed with the Town Board, and thereafter, a public hearing in relation to said petition having been duly held by the Town Board on the ..].l~t.~ .......... day of ......]~f})f.¢.~.~e.[ ..................... , 19.9.]...., and due deliberation having been had thereon NOW, THEREFORE, BE IT RESOLVED that the relief demanded in said petition be, and it hereby is GRANTED, based upon the Declaration of Covenants and Restrictions filed in the Office of the Clerk of the County of Suffolk in Deed liber 11651 at Page 134, and Recorded on November 8, 1993. DATED: December 16, 1993. TERRY c/ SOUTHOLD TOWN CLERK JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER Town Hall, 53095 Main Road P.O Box 1179 .C, outhold, New York 11971 Fag (516) 765-1823 Telephone (516) "/65-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD December 16, 1993 Gregory J. Blass, Esq. 120 Court Street Riverhead, New York 11901 Dear Mr. Blass: Enclosed is notification from this office with regard to Change of Zone No. 13q of William F. Gasser and The American Armoured Foundation, Inc., along with a copy of the legal notice of same which will be published in The Long Island Traveler-Watchman, the Town's official newspaper, on December 23, 1993. If I can be of further assistance, please do not hesitate to contact me. Very truly yours, Judith T. Terry Southold Town Clerk LEGAL NOYICE NOrlCE OF AMENDMENT TO SOUTHOLD TOWN CODE AND ZONING MAP AMENDMENT NO. 134 NOTICE IS HEREBY GIVEN that at a meeting of the Town Board of the Town of Southold, Suffolk County, New York, held on the 21st day of September, 1993, the Town Board enacted the following amendment to the Town Zon- ing Code, entitled "Zoning Code of the Town of Southold', together with the Zoning Map forming a part thereof, subject to the recor- ding of Declaration of Covenants and Restrictions in the Suffold County Clerk's of- fice. Said Declaration of Covenants and Restrictions were recorded on November 8, i993. Amendment No. 134 amends the code of the Town of Southold by changing from Light Industrial ("LI") District and Residential Office ("nO") District to Hamlet Business ("HB") District the property of William E Gasser and The American Armoured Foundation, Inc-, situate, lying and being at Mattituck, Town of Southold, County of Suf- folk and State of New York which is bounded and describ- ed as Iollows: BEGINNING at a point on the corner formed by the in- tersection of the northeaster- ly side of Love Lane with the northwesterly side of proper- ty pt' the Long Island Railroad company and from said point of beginning: running thence northesterly along the nor- theasteriy side of Love Lane North 35 degrees 17 minutes 40 seconds WEst 50 feet; run- ning thence along the land nor or formerly of MacMillian North 45 degrees 05 minutes 00 seconds East 187,64 feet; running thence along the land nor r~r formerly of tsq~cMtllian and Hawkins North 35 degrees 17 minutes 4(J sBconds West 336.23 feet to the southeasterly side of Middle Road; running thence nor- COUNTY OF SUFFOLK. S'l'Al'l~ ()Ir NEW h'ORK Patricia Wood, being duly sworn, says that she is the ~.ditor, oF THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold. in Suffolk Count,. Swl~l'n to heFnte ,rxc this .................... day ....... ~.. , 19 .~.-~ Nntary Public BARBARA A. SCHNEIDER NOTAR7 PUBLIC, Slqe o( I,'nv~ York No. 4~DG34B Quahfied in Suffc(k ¢0unt~' Commission Expires theasterly -along the southeasterly side of Middle Road, North 55 degrees 02 minutes 20 seconds East 60.00 feet; running thence South 35 degrg~s 17 minutes 40 seconds East along the land nor or formerly of Wines 375.72 feet to land of the Long Island Railroad Company; running thence along land of the Long Island Railroad Company South 45 degrees 05 minutes 00 seconds West 248.50 feet to the corner aforesaid the point or place of beginning. DATED: December 16, 1993. JUDITH T. TERRY SOUTHOLD TOWN CLERK 1Xq2/23/93(1) STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) JUDITH T. TERRY, Town Clerk of the Town of Southold, New York, being duly sworn, says that on the 16th day of December 1993 she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, Southold Town Hall, Main Road, Southold, New York 11971. Legal Notice, Notice of Amendment to Town Code and Map, Amendment No. 134, William F. Gasser ~, The American Armoured Foundation, Inc., from "LI" & "R-O" to "HB". Judith T. Terry Southold Town Clerk Sworn to before me this 16th day of December , 1993. /~/ / Notary Public JO¥CE M. WILKIN$ Notary Public, State of New No. 4952246, Suffolk Couft~ j Term E..pir~ June 12, 1a ~---~ II LEGAL NOTICE NOTICE OF AMENDMENT TO SOUTHOLD TOWN CODE AND ZONING MAP AMENDMENT NO. 134 NOTICE IS HEREBY GIVEN that at a meeting of the Town Board of the Town of Southold, Suffolk County, New York, held on the 21st day of September, 1993, the Town Board enacted the following amendment to the Town Zoning Code, entitled "Zoning Code of the Tcwn of Southold", together with the Zoning Map forming a part thereof, subject to the record- ing of Declaration of Covenants and Restrictions in the Suffolk County Clerk's office. Said Declaration of Covenants and Restrictions were recorded on November 8, 1993. Amendment No. 13~-amends the code of the Town of Southold by changing from Light Industrial ("LI") District and Residential Office ("RO") District to Hamlet Business ("HB") District the property of William F. Gasser and The American Armoured Foundation, Inc., situate, lying and being at Mattituck, Town of Southold, County of Suffolk and State of New York, which is bounded and described as follows: BEGINNING at a point on the corner formed by the intersection of the northeasterly side of Love Lane with the northwesterly side of property of the Long Island Railroad company and from said point of beginning: running thence northwesterly along the northeasterly side of Love Lane North 35 degrees 17 minutes 40 seconds West 50 feet; running thence along the land now or formerly of MacMillian North 45 degrees 05 minutes 00 seconds East 187.64 feet; running thence along the land now or formerly of MacMillian and Hawkins North 35 degrees 17 minutes 40 seconds West 336.23 feet to the southeasterly side of Middle Road; running thence northeasterly along the southeasterly side of Middle Road, l~orth 55 degrees 02 minutes 20 seconds East 60.00 feet; running thence South 35 degrees 17 minutes 40 seconds East along the land now or formerly of Wines 375.72 feet to land of the Long Island Railroad Company; running thence along land of the Long Island Railroad Company South 45 degrees 05 minutes 00 seconds West 248.50 feet to BEGINNING. DATED: December 16, 1993. the corner aforesaid the point or place of' JUDITH T. TERRY SOUTHOLD TOWN CLERK PLEASE PUBLISH ON DECEMBER 23, 1993, AND AFFIDAVIT OF PUBLICATION TO JUDITH TERRY, HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971. Copies to the following: The Traveler-Watchman Town Board Members Town Attorneys Gregory J. Blass for W.F. Gasser Town Clerk's Bulletin Board Roderick Van Tuyl, P.C. FORWARD ONE (1) TOWN CLERK, TOWN LEGAL NOTICE' NOTICE OF AMENDMENT TO SOUTHOLD TOWN CODE AND ZONING MAP AMENDMENT NO. 134 NOTICE IS HEREBY GIVEN that at a raeeting of the Town Board of the Town of Southold, Suffolk County, New York, held on the 21st day of September, 1993, the Town Board enacted the following amendment to the Town Zoning Code, entitled "Zoning Code of the Town of Southold", together with the Zoning Map forming a part thereof, subject to the record- lng of Declaration of Covenants and Restrictions in the Suffolk County Clerk's office. Said Declaration of Covenants and Restrictions were recorded on November 8, 1993. Amendment No. 13~ amends the code of the Town of Southold by changing fro.~. Light [nd~t;'~.:~ ~"LI") District and Residential Office ("RO") District to Hamlet Business ("HB") District the property of William F. Gasser and The American Armoured Foundation, Inc., situate, lying and being at Mattituck, Town of Southold, County of Suffolk and State of New York, which is bounded and described as follows: BEGINNING at a point on the corner formed by the intersection of the northeasterly side of Love Lane with the northwesterly side of property of the Long Island Railroad company and from said point of beginning: running thence northwesterly along the northeasterly side of Love Lane North 35 degrees 17 minutes 40 seconds West 50 feet; running thence along the land now or formerly of MacMillian North 45 degrees 05 minutes 00 seconds East 187.6u, feet; running th~_nce along the land now or formerly of MacMillian and Hawkins North 35 degrees 17 minutes 40 seconds West ~.3R. ~ ~ f~et tn the southeasterly side of Middle Road; running thence northeasterly along the southeasterly side of Middle Road, North 55 degrees 02 minutes 20 seconds East 60.00 feet; running thence South 35 degrees 17 minutes 40 seconds East along the land now or formerly of Wines 375.72 feet to land of the Long Island Railroad Company; running thence along land of the Long Island Railroad Company South 45 degrees 05 minutes 00 the po!nt or place of seconds West 248.50 feet to BEGINNING. DATED: December 16, 1993. the corner aforesaid JUDITH T. TERRY SOUTHOLD TOWN CLERK PLEASE PUBLISH ON DECEM3ER 23, 1993, AND AFFIDAVIT OF PUBLICATION TO JUDITtl TERRY, HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971. Copies to the following: The Traveler-Watchman Town Board Members Town Attorneys Gregory J. Blass for W.F- Gasser Town Clerk's Bulletin Board Roderick Van Tuyl, P,C. FORWARD ONE (1) TOWN CLERK, TOWN RECEIVED 1993 Southold Town Town of ~o~t~old Town Hall Main Road Southold, New York 11971 Attn: Town Attorney November 12, I993 Re: ........ AMERICAN ARMOURED FOUNDATION, INC. Dear Mr. Kiernan: This office represents the above property owner in its zoning application to the Town Of Southold. The covenants and restrictions, which were approved by the Town Board simultaneously to the Grant of zoning for our client's property, have been executed and duly filed by our client in the Suffolk County Clerk's Office, proof of which filing has been filed with your office under separate mailing. With respect to the modifications to the property which the C&R's direct, please be advised that most of the screening along the northwest perimeter of the property has been installed. Further, as of the date hereof, our client has begun to relocate the POW/MIA Tower, and to adjust the exterior lighting. In our continued effort to cooperate with the Town in this matter, we are prepared to make application for the variance necessary to maintain open-air displays, for a CO and for the dis- play of signs. Please advise as to the sequence which must be followed in the submission of such applications. Thank you for your cooperation. Very truly yours, Gregory J. Blass GJB:bab CER'TIFIED RECORDED COPY FILED IN TOWN CLERK'S SAFE. DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION, made the,,~ day of ~-~,~,lh~(~ , 1993, by WILLIAM F. GASSER, President of American Armoured Foundation, Inc., with a business address of 2383 Fifth Avenue, Ronkonkoma, New York 11779, WHEREAS, declarant is the owner of certain real property situated in Mattituck, Town of Southold, Suffolk CounLy. New Ymk with Suffolk County Tax Map D~signation (SCTM) 1000-1Lt0-2-16, commonly known as the "Tank Museum" and more particularly described below: ALL that certain plot, piece or parcel of land, with the buildings and improvements hereon erected, situate, lying and being at Mattituck, Town of 5outhold, County of Suffolk and State of New York which is bounded and described as follows: BEGINNING at a point on the corner formed by the intersection of the northeasterly side of Love Lane with the northwesterly side of property of the Long Island Railroad Company and from said point of beginning; RUNNING THENCE northwesterly along the northeast- erly side of Love Lane North 35 degrees 17 minutes I~0 seconds West 50 feet; RUNNING THENCE along the land now or formerly of MacMillian North u, 5 degrees 05 minutes 00 seconds East 187.6[[ feet; RUNNING THENCE along the land now or formerly of MacMillian and Hawkins North 35 degrees 17 minutes ~0 seconds West 336.23 feet to the northeasterly side of Middle Road; RUNNING THENCE northeasterly along the southeast- erly side of Middle Road, North 55 degrees 02 minutes 20 seconds East 60.00 feet; RUNNING THENCE South 35 degrees 17 minutes ~0 seconds East along the land now or formerly of Wines 375.72 feet to land of the Long Island Railroad Company; RUNNING THENCE along land of the Long Island Railroad Company South Lt5 degrees 05 minutes 00 seconds West 2l,t8.50 feet to the corner aforesaid the point or place of BEGINNING. WHEREAS, the Town Board has determined that rezoning of the subject premises to a HamLet Business represents an upzoning and will result in a less intense use of same and is in conformity with continuous properties and, WHEREAS, the Town Board has determined that the use of the premises as a museum in a Light Industry zone is not a permitted use and, WHEREAS, the Town ~Joard has determined that the intended use of the premises as a museum with certain s~feguards is nnt offensive and, WHEREAS, the Towl~ 13oard determined that there is sufficient off- premises parking available to possible patrons of the museum and that on- premises parking will not be required for the intended use. WHEREAS, for and in consideration of the granting by the Town Board of the Town of Southold on September 21, 1993 of a change of zone from Light Industrial ("LI') and ttesidentiai Oftice ("RO") to Hai~llet ~3usim]ess ("HI3") to declarant, William F. Gasser and the American Armoured Foundation, Inc., the Town Board of the Town of Southold has required that the within declaration be recorded in the Suffolk County Clerk's office and, WHEREAS, declarants have considered the foregoing demand and determined that based upon the limited nature of the intended use as a museum will be in the best interests of the declarants and the community, NOW, THEREFORE, THE DECLARANTS WITNESSETH: 1. The gun tower, presently located near the Love Lane entrance to the subject premises and depicted on the survey prepared by Roderick Van Tuyl, P.C., as amended September 9, 1991, a hereto, is to be moved to a point not closer than the Love Lane entrance. 2. The premises copy of which is annexed the one hundred feet from shall be accessible to the public and for repairs, to the extent necessary only during the following hours of operation: Monday through Friday 9:00 A.M. to 5:00 P.M. and Saturday and Sunday 10:00 A.M. to 7:00 P.M. In addition, the premises shall be accessible on Monday and Thursday evenings from 6:00 P.M. to 9:00 P.M., strictly for the purpose of accommodating veterans' groups, Boy Scouts and other such organizations. 3. All exterior lighting shall be shielded to the property, directed away from contiguous property owners, and shall be of such a type as to minimize glare. I~. The premises shall be screened to the property existing to the northwest of the subject premises and shall, if possible, be of a natural vegetative type. 5. The change of zone application shall not in any way be considered as the grant}ng of any variance necessary to the proposed use. 6. Declarants, for the purpose of carrying out the intentions above expressed does hereby make 'known, adndt, publish, covenant and agree that the said premises herein described shall hereinafter be subject to the above-stated covenants which shall run with the land and be binding upon all ./ purchasers and representatives, and restrictions holders of said premises, their heirs, executors, legal distributees, successors, assigns and that these covenants can be modified only at the request of the then owner of the premises with the approval of the majority plus one of the Town Board of the Town of Southold or its successor body, after a public hearing. Adjoining property owners shall be entitied to notice of such pub!ic hearing, but their consent to such modification sha!l not be required. IN WITNESS WHEREOF, the dec!arants have hereunto set their hand STATE OF NEW YORK SS.[ , Coua[y of Suffolk I, EDWARD P, ROMAINE, Clerk of the Comtty of Suffolk and Clerk of the Supreme Court of the Slate of New York ie and for said Ceanty (said Court being a Court of Record) DO HEREBY CERTIFY that I have compared Lite annexed copy of Dcca ,ihcr '//~ X~-( at Page [-~'~ Uccordca tt [/~/~''~ and that it is a just and tree copy of such original Declaration and of the whole thereo£ IN TESTIMONY WHEREOF. I have hcreunto set my hand and affixed thc seal of said County Form No. 104 ~ Clerk COUNTY OF SUFFOLK) On the ..) day of J~w,,xd~_, 1993, before me personally came WILLIAM F. GASSER, to me known, who, being by me duly sworn, did depose and say that he resides at 2383 5th Avenue, Ronkonkoma, New York 11779; that he is the President of American Armoured Foundation, Inc., the corporation described in and which executed the foregoing instrument; that he knowa the seal of said corporation that the seal affixed to said instrument I~';~uch corporate seal; that it was so affixed by order of the Board of Olrectoea of said corporation, and that he signed bls name thereto by like order. ,..-'.~,~.,. N ~-3 ~[a/y Public CYNTHIA GANNON Notary Public, State uf N~w York No. 82-4508729 Qualified In Suffolk Court Com~nission Expires March 30, 19.~ BOXES -~ THRU, 9 MUS, T BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING, 1 ] SUFFOLK COUNTY CLERK L/P# TOIIRENS Serial # Certificate # l'dor CIf# Deed I Mortgage I,;strumcnt Deed / Mortgage Tax Slump FEES Recording / Filiug Stamps Page / Filing Fcc llandling TP-594 Nolation EA-5217 (County) EA-5217 (State) ILP.T.S.A. Colam. of Ed. Affidavit Certified Col)y Reg. Copy OIher OR: Sub Total MOl'lgagc Amt. I. Basic Tax 2. SONYMA Sub Total J. Spec.lAdd. 5 . lili Real Prt GRANDTOTAL J'~ / Dist Ioo0 lert.v Tax Service Agency Verification Section Block Lol FEE PAID BY: Cash Chcck Charge Payer same as R & R TOT. ~lrl'G. TAX Dual Tmvn Dual Couaty licld roi' Alqmrliounienl __ Mansion 'Fax The property covered by this mnrlgage is or will be improved by a one ar two fanfily dwelling only. YES or NO If NO, see appropriale tax clause on pare # of this instrumenl, Title Company hlformalii~ Title Number RECORD & RETURN TO (ADDRESS~ ""9"'] Suffolk County Recording & Endorsement Page This page forms part of the attached TO (Deed, Mortgage, etc.) The premises herein is situated in SUFFOLK COUNTY, NEW YORK. ht the TOWN of ,_%~O~/~t'X ~ Itt tile VILLAGE or lIAMLET of 80k~'Y~l C~ made by: q:~).:; A.A.F. American Armoured Foundation, Inc. Mailing Adress 2383 5Ih Ave., Ronkonkoma, NY 11779 (516) 588-0033 Museum: Love Lane MaUituck, NY AMERICAN ARMOURED FOUNDATION, INC. PETITION We, the undersigned, do hereby petition the Town Board of the Town of Southold, Building Department, Planning Department, Zoning Board of Appeals, and all other regulatory agencies with the Town of Southold to grant relief to the American Armom-cd Foundation, Inc. as follows: 1. Grant a special exception (Variance) for outside display items. 2. Building Permit for the POW/MIA Memorial Tower: To waive the requirement for a building permit and certificate of occupancy for the POW/MIA Memorial Tower, which is an exhibit piece not a permanent structure, that can be moved and has been moved per zone change covenants. A.A.F. American Armoured Foundation, Inc. AMERICAN ARMOURED FOUNDATION, INC. PETITION Mailing Adress 2383 5th Ave., Ronkonkoma, NY 11779 (516) 588-0033 Museum: Love Lane Matlltuck, NY NOV 5 o 1993 We, the undersigned, do hereby petition the Town Board of the Town of Southold, Building Department, Planning Department, Zoning Board of Appeals, and all other regulatory agencies with the Town of Southold to grant relief to the American Armoured Foundation, Inc., as follows: 1. Grant a special exception for outside display items. 2. Building permit for the POW/MIA Memorial Tower: To waive the requirement for a building pemfit and certificate of occupancy for the POW,%IIA Memorial Tower, which is an exhibit piece that can be moved and not a pemmnent structure. 3. Site Plan Approval: To waive site plan approval, as no new building is takiug place on existing property. Site Plan should not be necessary. t T O I W q"~.m(2.*o,, ocx Tank and Ordnance War Memorial Museum Tank and Ordnance War Memorial Museum A.A.F. American Armoured Foundation, Inc. Mailing Adress 2383 51h Ave., Ronkonkoma, NY 11779 (516) 588-0033 Museum: Love Lane Mettituck, NY AMERICAN ARMOURED FOUNDATION, INC. PETITION We, the undersigned, do hereby petition the Town Board of the Town of Southold, Building Department, Planning Department, Zoning Board of Appeals, and all other regulatory agencies with the Town of Southold to grant relief to the American Armoured Foundation, Inc., as follows: I. Grant a special exception for outside display items. 2. Building permit for the POW/MIA Memorial Tower: To waive the requirement for a building permit and certificate of occupancy for the POW/MIA Memorial Tower, which is an exhibit piece that can be moved and not a permanent structure. 3. Site Plan Approval: To waive site plan approval, as no new building is taking place on existing property. Site Plan should not be necessary. ?.- Tank and Ordnance War Memorial Museum Tank and Ordnance War Memorial Museum ONGIONI & BORREI.LI October 25, 1993 Enforcement Officer Building Department Town Hall Main Road Southold, NY ]1971 RECEIVED OCT, 2 7 1993 RE: American Armored Foundation Love Lane, Mattituck SCTM ~ 1000-140-2-16 Dear Sir/Madam: As you are probably aware, the owner of the above captioned parcel was granted a zone change by the Town Board on September 22, 1993 from Residential Office District and Light Industrial District to Hamlet Business District. However, despite this zone change, its use and/or structures are still in violation of the zoning code. In fact, the Board's decision specifically states at ~5 (see attached) that the zone change shall not be construed as granting a variance to the property owner. The record clearly indicates that despite the zone change this property continues in violation of the code as follows: 1. A museum, although permitted in Hamlet Business District, must be in a fully enclosed building which requirement is not met as "tanks" and other weaponry are present outside the only building on the property_ 2. Structures must meet height and set back requirements, neither of which are met for the gun tower and/or the building at the site. 3. The zone change decision requires screening which does not as yet exist. This property has existed in violation of the law for more than ten years. The zona change application was made when the property owner's attorney was advised by the Town Attorney that violations without action to remed]ate would no longer be tolerated. However, the application for a zone change is only one of many applications this site must pursue in order to achieve legality under the zoning code. On behalf of my client I hereby demand that action be taken to enforce the code and that appropriate summons be issued for current on going violations. CLB:ar Encl cc: Town Board Town Attorney Suffolk Times Very truly yours, ONGIONI & BORRELLI Carmela L. Borrelli JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER OFFICE OF THE TOWN CI.ERK TOWN OF SOUT}tOLD Town tlall, 53095 Main Road P.O. Bo~t ll79 $outhold, New York 11971 Fax (516) 765-1823 Telephone (516~ 765 IROI THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON SEPTEMBER 21, 1993: WHEREAS, William F. Gasser and The American Armoured Foundation, Inc., by petition filed May 27, 1992, applied to the Town Board of the Town of Southold for a change of zone on certain property located on the northeasterly side of Love Lane, Mattituck, from Light Industrial District ("LI") and Residential Office District ("RO") to Hamlet Business District ("HB"); and WHEREAS, the said petition was referred to the Southold Town Planning Board and Suffolk. County Department of Planning for official recommendations and reports; and WHEREAS, the Town Board, pursuant to due notice, held a public hearing thereon on the 10th day of November, 1992, at which time all interested persons were given an opportunity to be heard; now, therefore, be it RESOLVED that William F. Gasser and The American Arlnoured Foundation, Inc. be and hereby is granted the relief demanded in said petition subject to the execution and record in the Suffolk County Clerk's Office or the following Declaration of Covenants and Restrictions which are hereby made a part of the Town Board's decision: WHEREAS, declarant (Willaim F. Gasser, President or American Ai-moured Foundation, Inc., with business address of 2383 Fifth Avenue, Ronkonkoma, New York 11779) is the owner of certain real property situated in Mattituck, Town of Southold, Suffolk County, New York, with Suffolk County Tax Map Designation (SCTM) 1000-1q0-2-16, commonly known as the "Tank Museum" and more pal-ticularly described as follows: AH. that certain ?o~_, .~'i°c'~ ....... nr parcel nf land,. with the buildings and improvements thereon erected, situate, lying and being at Mattituck, Town of Southold, County of Suffolk and State of New York, which is bounded and described as follows: Beginning at a point on the corner formed by the intersection of the northeasterly side of Love Lane with the northwesterly side of property of the Long Island Rail Road Company and from said point of beginning; running thence northwesterly along tbe northeasterly side of Love Lane, North 35 degrees 17 minutes q0 seconds West 50 feet; running thence along the land now or formerly MacMillian and Hawkins North 45 degrees 05 minutes 00 seconds East 187.6q feet; running thence along the land now or formerly of MacMillian and Hawkins North 35 degrees 17 minutes 40 seconds West 336.23 feet to the northeasterly side of Middle Road; running thence northeasterly along the southeasterly side of Middle Road, North 55 degrees 02 minutes 20 seconds East 60.00 feet; running thence South 35 degrees 17 ininutes 40 seconds East along the land now or formerly of Wines 375.72 feet to land of the Long Island Rail Road Company; runnipg thence along land of the Long Island Rail Road Company South q5 degrees 05 minutes 00 seconds West 2q8_50 feet to the corner aforesaid and point or place of Beginning. WHEREAS, the Town Board of the T~:wn of Southold has determined that rezoning of the subject premises to Hamlet B~siness District represents an upzoning and will result in a less intense use of same and is in conformity with continuous properties; and WHEREAS, the Town Board has determined that the use of the premises as a Light Industrial District is not a permitted use; and WHEREAS, the Town Board has determined that the intended use of the premises as a museum with certain safeguards is not offensive; and WHEREAS, the Town Board determined that there is sufficient off-premises parking available to possible patrons of the museum and that on-premises parking will not be required for the intended use; and WHEREAS, for and in consideration of the granting by the Town Board of the Town or Southold, on September 21, 199], of a change of zone from Light Industrial ("LI") District and Residential Office ("RO") District to Hamlet Business ("HB") District to declarant, William F. Gasser and the American Armaured Foundation, Inc., the Town Board of the Town of Sm.thold has required that the within declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS, declarants have considered the foregoing demand and determined that based upon the limited nature of the intended use as a museum will be in the best interests of the declarants and the community; NOW. THEREFORE, THE [)ECLARANTS WITNESSETH: The gun tower, presently located near the Love Lane entrance to the subject premises and depicted on the survey prepared by Roderick Van Tuyl, P.C., as amended September 9, 1991, a copy of which is annexed hereto, is to be moved to a point not closer than one hundred (100) feet from the Love Lane entrance. 2. The premises shall be accessible to the public and for repairs, to the extent necessary only during the following t~ours of operation: Monday through Friday 9:00 A.M. to 5;00 P.M., and Saturday and Sunday 10:00 A.M. to 7:00 P.M. In addition, the premises shall be accessible on Monday and Thursday evenings from 6:00 P.M. to 9:00 P.M. strictly for tile purpose of accommodating veterans' groups, Boy Scouts and other such organizations. 3. All exterior lighting shall be shielded to the property, directed away from contiguous property owners, and shall be of such a type as to minimize glare. 4. The premises shall be screened to the property existing to the northwest of the subject premises and shall, if possible, be of a natural vegetative type_ 5. The change of zone shall not in any way be considered at the granting ef an), variance ne~cessary to the proposed use. 6. Declarants, for the purpose of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant and agree that the said premises herein described shall hereinafter be subject to the above- stated covenants which shall run with the land be binding upon all purchasers and holders of said premises, their heirs, executors, legal representatives, distributees, successors, assigns and that these covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of the majority plus one of the Town Board of the Town of Southold or its successor body, after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing, but their consent to such modification shall not be required. Southold Town Clerk September 22, 1993 A.~F. American Arrnoured Found,,tion, Inc. Mailing Adress 2383 6ih Ave., Ronkonkoma, NY 11779 (516) 588-0033 Museum: Love Lane Meltltuck, NY AMERICAN ARMOURED FOUNDATION, INC. PETITION We, the undersigned, do hereby petition the Town Board of the Town of Southold, Building Department, Planning Department, Zoning Board of Appeals, and all other regulatory agencies with the Town of Southold to grant relief to the American Armoured Foundation, Inc., as follows: RECEIVED 1. Grant a special exception for ontside display items. OCT' 2 6 Igg3 2. Building permit for the POW/MIA Memorial Tower: To waive the requirement for a building permit and certificate of occupancy for the POW/MIA Memorial Tower, which is an exhibit piece that can be moved and not a permanent structure. 3. Site Plan Approval: To waive site plan approval, as no new building is taking place on existing property. Site Plan should not be necessary. ..... - - : : ....... 2i:7; j Tank and Ordnance War Memorial Museum A.~F. Baa Ronkonkolni, N.Y. 117'79 American Armoured Foundation, Inc. Mailing Adress 2383 5th Ave., Ronkonkoma, NY 11779 (516) 586-0033 Museum: Love Lane Mattituck, NY AMERICAN ARMOURED FOUNDATION, INC. PETITION We, the undersigned, do hereby petition the Town Board of the Town of Southold, Building Department, Planning Department, Zoning Board of Appeals, and all other regulatory agencies with the Town of Southold to grant relief to the American Armoured Foundation, Inc., as follows: 1. Grant a special exception for outside display items. 2. Building permit for the POW/MIA Memorial Tower: To waive the requirement for a building permit and certificate of occupancy for the POW/MIA Memorial Tower, which is an exhibit piece that can be moved and not a permanent structure. 3. Site Plan Approval: To waive site plan approval, as no new building is taking place on existing property_ Site Plan should not be necessary. Tank and Ordnance War Memorial Museum Tank and Ordnance War Memorial Museum American Armoured Foundation, Inc. AMERICAN ARMOURED FOUNDATION, INC. PETITION Mailing Adress 2393 5th Ave., Flonkonkoma, NY 11779 (516) 589-0033 Museum: Love Lane Mattltuck, NY P. ECEtvED OCT, 1 3 1993 ~ Tow~ C"le~ We, the undersigned, do hereby petition the Town Roard of the Town of Southold. Building Department, Planning Department, Zoning Board of Appeals, and all other regulatory agencies with the Town of Southold to grant relief to the American Armoured Foundation, Inc., as follows: 1. Grant a special exception for outside display items. 2. Building permit for the POW/MIA Memorial Tower: To waive the requirement for a building permit and certificate of occupancy for the POW/MIA Memorial Tower, which is an exhibit piece that can be moved and not a permanent structure_ 3. Site Plan Approval: To waive site plan approval, as no new building is taking place on existing property. Site Plan should not be necessary. Tank and Ordnance War Memorial Muaeum A.A.F. American Armoured Foundation, Inc. Malting Adress 2383 5th Ave., Ronkonkoma, NY 11779 (516) 588-0033 Museum: Love Lane Mattltuck, NY AMERICAN ARMOURED FOUNDATION, INC. PETITION We, the undersigned, do hereby petition the Town Board of the Town of Southold, Building Department, Planning Department, Zoning Board of Appeals, and all other regulatory agencies with the Town of Southold to grant relief to the American Armoured Foundation, Inc., as follows: 1. Grant a special exception for outside display items. 2. Building per. nit for tire POW/MIA Memorial Tower: To waive the requirement for a building permit and certificate of occupancy for the POW/MIA Memorial Tower, which is an exhibit piece that can be moved and not a permanent structure. 3. Site Plan Approval: To waive site plan approval, as no new building is taking place on existtng property. Site Plan should not be necessary. ---~:-- /,~ ~ ~ . ' I ' I ...... A.ILF. American Armoured Foundation, Inc. Mailing Adress 2383 5Ih Ave., Ronkonkoma, NY 11779 (516) 588-0033 Love Lane Maitlluck, NY AMERICAN ARMOURED FOUNDATION, INC. PETITION We, the undersigned, do hereby petition the Town Board of the Town of Southold, Building Department, Planning Depm-tment, Zoning Board of Appeals, and all other regulatory agencies with the Town of Southold to grant relief to the American Armoured Foundation, Inc., as follows: 1. Grant a special exception for outside display items. 2. Building permit for the POW/MIA Memorial Tower: To waive the requirement for a building permit and certificate of occupancy for the POW/MIA Memorial Tower, which is an exhibit piece that can be moved and not a permanent structure. 3. Site Plan Approval: To waive site plan approval, as no new building is taking place on existing property_ Site Plan should not be necessary. Tank and Ordnance War Memorial Museum American Armoured Foundation, Inc. A~ue N_Y. 11779 AMERICAN ARMOURED FOUNDATION, INC. PETITION Mailing Adress 2383 5th Ave., Flonkonkoma, NY 11779 (516) 688-0033 Museum: Love Lane Matlituck, NY We, the undersigned, do hereby petition the Town Board of the Town of Southold, Building Department, Planning Department, Zoning Board of Appeals, and all other regulatory agencies with the Town of Southold to grant relief to the American Armoured Foundation, Inc., as follows: 1. Grant a special exception for outside display items. 2. Building permit for the POW/MIA Memorial Tower: To waive the requirement for a building permit and certificate of occupancy for the POW/MIA Memorial Tower, which is an exhibit piece that can be moved and not a permanent structure. 3. Site Plan Approval: To waive site plan approval, as no new building is taking place on existing property. Site Plan should not be necessary. / /? ~-/ Tank and Ordnance War Memorial Museum A.A.F. R~nk~nkomm, N.Y. 11~9 American Armoured Foundation, Inc. Mailing Adress 2383 5th Ave., Ronkonkoma, NY 11779 (516) 586-0033 Museum: Love Lane Mattituck, NY AMERICAN ARMOURED FOUNDATION, INC. PETITION We, the undersigned, do hereby petition the Town Board of the Town of Southold, Building Department, Planning Department, Zoning Board of Appeals, and all other regulatory agencies with the Town of Southold to grant relief to the American Armoured Foundation, Inc., as follows: 1. Grant a special exception for outside display items. 2. Building permit for the POW/MIA Memorial Tower: To waive the requirement for a building permit and certificate of occupancy for the POW/MIA Memorial Tower, which is an exhibit piece that can be moved and not a permanent structure. 3. Site Plan Approval: To waive site plan approval, as no new building is taking place on existing property. Site Plan should not be necessary. ~ / . Tank and Ordnance War Memorial Museum HARVEY A. ARNOFF Town Attorney MATTHEW G. KIERNAN Assistant Town Attorney OFFICE OF TIlE TOwN ATTORNEY TOWN OF SOLrl'I-IOLD SCOTt L_ HARRIS Tovm Hall, 53095 Main Road SouLhold. New York 11971 F~x {516) 765-1823 Telephone {516) 765 - 1800 September 28, 1993 Gregory J. Blass, Esq. 120 Court Street Riverhead, New York 11901 Re: American Armoured Foundation Request for Zoninq Chanqe Dear Mr. Blass: Enclosed please find a certified copy of the September 21, 1993 Resolution of the Town Board of the Town of Southold granting a change of zone in this matter. You will note that the Town Board's resolution is subject to the execution and recording in the Suffolk County Clerk's Office of the enclosed Declarations of Covenants and Restrlctions. At your earliest convenience, kindly forward to me a properly executed copy of the Covenants and Restrictions which indicate that it has been recorded with the Suffolk County Clerk's Office. Thank you for your cooperation in this matter. Should you require anything further, please do not hesitate to contact me. Very truly yours, . ~tssistant Town Attorney MGK: cc Enclosure cc: Judith T. Terry, Town Clerk DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION, made the day of September, 1993, by WILLIAM F. GASSER, President of American Armoured Foundation, Inc., with a business address of 2383 Fifth Avenue, Ronkonkoma, New York 11779, declarants, WHEREAS, declarant is the ,~wner of certain real property situated in Mattituck, Town of Southold, Suffolk County, New York with Suffolk County Tax Map Designation (SCTM) 1000-1~0-2-16, commonly known as the ~Tank Museum" and more particularly described below: ALL that certain plot, piece or parcel of land. with the buildings and improvements hereon erected. situate, lying and being at Mattituck, Town of $outhold, County of Suffolk and State of New York which is bounded and described as follows: BECINNINC at a point on the corner formed by the intersect, ion of the northeasterly side of Love Lane with the northwesterly side of property of the Long Island Railroad Company and from said point of beginning; RUNNING THENCE northwesterly along the northeast- erly side of Love Lane North 35 degrees 17 minutes q0 seconds West $0 feet; RUNNING THENCE along the land now or formerly of MacMillian North ~5 degrees 05 minutes 00 seconds East 187.6~ feet; RUNNING THENCE along the land now or formerly of MacMillian and Hawkins North 35 degrees 17 minutes I~0 seconds West 336.23 feet to the northeasterly side of Middle Road; RUNNING THENCE northeasterly along the southeast- erly side of Middle Road, North 55 degrees 02 minutes 20 seconds East 60.00 feet; RUNNING THENCE South 35 degrees 17 minutes seconds East along the land now or formerly of Wines 375.72 feet to [and of the Long Island Railroad Company; RUNNING THENCE along land of the Long Island Railroad Company South L[5 degrees 05 minutes 00 seconds West 2~8.50 feet to the corner aforesaid the point or place of BEGINNING. WHEREAS, the Town Board has determined that rezoning of the subject premises to a Hamlet Business represents an upzoning and will result in a tess intense use of same and is in conformity with continuous properties and, WHEREAS, the Town Board has determined that the use of the premises as a museum in a Light Industry zone is not a permitted use and, WHEREAS, the Town Board has determined that the intended use of the premises as a museum with certain safeguards is not offensive and, WI~EREAS, the Town Board determined that there is ~ufficient off- premises parking available to possible patrons of the museum and that on- premises parking will not be required for the intended use. WHEREAS, for and in consideration of the granting by the Town Board of the Town of Southold on September 21, 1993 of a change of zone from Light Industrial ("LI") and Residential Office ("RO") to Hamlet Business (~"HB") to declarant, William F. Gasser and the American Armoured Foundation, Ir.c., the Town Board of the Town of Southold has required that the within declaration be recorded in the Suffolk County Clerk's office and, WHEREAS, declarants have considered the foregoing demand and determined that based upon the limited nature of the intended use as a museum will be in the best interests of the declarants and the community, NOW. THEREFORE. THE DECLARANTS WlTNESSETH: 1. The gun tower, presently located near the Love Lane entrance to the subject premises and depicted on the survey prepared by Roderick Van Tuyl, P.C., as amended September 9, 1991, a copy of which is annexed hereto, is to be moved to a point not closer than the one hundred feet from the Love Lane entrance. 2. The premises shall be accessible to the public and for repairs, to the extent necessary only during the following hours of operation: Monday through Friday 9:00 A.M. to 5:00 P.M- and Saturday and Sunday 10:00 A.M. to 7:00 P.M. In addition, the premises shall be accessible on Monday and Thursday evenings from 6:00 P.M. to 9:00 P.M., strictly for the purpose of accommodating veterans' groups, Boy Scouts and other such organizations. 3. All exterior lighting shall be shielded to the property, directed away from contiguous property owners, and shall be of such a type as to minimize glare. q. The premises shall be screened to the prooerty existing to the northwest of the subject premises and shall, if possible, be of a natural vegetative type. 5. The change of zone application shall not in any way be considered as the granting of any variance necessary to the proposed use. 6- Declarants, for the purpose of carrying out the intentions above expressed does hereby make known, admit, publish, covenant and agree that the said premises herein described shall hereinafter be subject to the above-stated covenants which shall run with the land and be binding upon all purchasers and holders of said premises, their heirs, ~xecutors, legal representatives, distributees, successors, assigns and that these covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of the majority plus one of the Town Board of the Town of Southold or its successor body, after a public hearing. Adjoining property owners shall be entitled to notice ot such public hearing, but their consent to such modification shall not be required. IN WITNESS WHEREOF, the declarants have hereunto set their hand and seal the day and year above written. AMERICAN ARMOURED FOUNDATION, INC. BY: ' WILLIAM F. GASSER, President STATE OF NEW YORK) SS.: COUNTY OF SUFFOLK) On the day of September, 1993, before me personally came WILLIAM F. GASSER, to me known, who, being by me duly sworn, did depose and say that he resides at 2383 5th Avenue, Ronkonkoma, New York 11779; that he is the President of American Armoured Foundation, Inc., the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Director~ of said corporation, and that he signed his name thereto by like order. Notary Public American Armoured Foundation, Inc. A.A.F. AMERICAN ARMOURED FOUNDATION, INC. PETITION Mailing Adress 2383 5th Ave., Ronkonkoma, NY 11779 (516) 588-0033 Museum: Love Lane Mattituck, NY .Soulhch~ !',~.... ~l~,-I We, the undersigned, do hereby petition the Town Board of the Town of Southold, Building Department, Planning Department, Zoning Board of Appeals, and all other regulatory agencies with the Town of Southold to grant relief to the American Armoured Foundation, Inc., as follows: 1. Grant a special exception for outside display items. 2. Building permit for the Pow,qvIIA Memorial Tower: To waive the requirement for a building permit and certificate of occupancy for the POW/MIA Memorial Tower, which is an exhibit piece that can be moved and not a permanent structure. 3. Site Plan Approval: To waive site plan approval, as no new building is taking place on existing property. Site Plan should not be necessary. Tank and Ordnance War Memorial Museum Amerlc,,n Armoured Found,,tion, Inc. A.A.F. ~ S~ A~enu~ AMERICAN ARMOURED FOUNDATION, INC. PETITION Mailing Adress 2383 5th Ave., Ronkonkoma, NY 11779 (516) 588-0033 Museum: Love Lane Mattltuck, NY We, the undersigned, do hereby petition the Town Board of the Town of Southold, Building Department. Planning Department, Zoning Board of Appeals. and all other regulatory agencies with the Town of Southold to grant relief to the American Armoured Foundation, Inc., as follows: 1. Grant a special exception for outside display items. 2. Building permit for the POW/MIA Memorial Tower: To waive the requirement for a building permit and certificate of occupancy for the POW/MIA Memorial Tower, which is an exhibit piece that can be moved and not a permanent structure. 3. Site Plan Approval: To waive site plan approval, as no new building is taking place on existing Site Plan should not be necessary. Tank and Ordnance War Memorial Museum American Armoured Foundation, Inc. A.A.F. AMERICAN ARMOURED FOUNDATION, INC. PETITION Mailing Adress 2383 5ih Ave., Ronkonkoma, NY 11779 (516) 588-0033 Museum: Love Lane Matlituck, NY We, the undersigned, do hereby petition the Town Board of the Town of Southold, Building Department, Planning Department, Zoning Board of Appeals, and all other regulatory agencies with the Town of Southold to grant relief to the American Armoured Foundation, Inc., as follows: 1. Grant a special exception for outside display items. 2. Building permit for the POW/MIA Memorial Tower: To waive the requirement for a building permit and certificate of occupancy for the POW/MIA Memorial Tower, which is an exhibit piece that can be moved and not a permanent structure. 3. Site Plan Approval: To waive site plan approval, as no new building is taking place on existing property. Site Plan should not be necessary. Tank and Ordnance War Memorial Museum American Armoured Foundation, Inc. A.A.F. AMERICAN ARMOURED FOUNDATION, INC. PETITION Mailing Adress 2383 5Ih Ave., Ronkonkoma, NY 11779 (516) 588-0033 Museum: Love Lane Matlltuck, NY We, the undersigned, do hereby petition the Town Board of the Town of Southold, Building Department, Planning Department, Zoning Board of Appeals, and all other regulatory agencies with the Town of Southold to grant relief to the American Armoured Foundation, Inc, as follows: 1. Grant a special exception for outside display items. 2. Building permit for the POW/MIA Memorial Tower: To waive the requirement for a building permit and certificate of occupancy for the POW/MIA Memorial Tower, which is an exhibit piece that can be moved and not a permanent structure. 3. Site Plan Approval: To waive site plan approval, as no new building is taking place on existing property. Site Plan should not be necessary. Tank and Ordnance War Memorial Muaeum A.A.F. American Armoured Foundation, Inc. Mailing Adress 2383 5th Ave., Ronkonkoma, NY 11779 (516) 588-0033 Museum: Love Lane Maltiluck, NY AMERICAN ARMOURED FOUNDATION, INC. PETITION We, the undersigned, do hereby petition the Town Board of the Town of Southold, Building Department, Planning Department, Zoning Board of Appeals, and all other regulatory agencies with the Town of Southold to grant relief to the American Armoured Foundation, Inc., as follows: 1. Grant a special exception for outside display items. 2. Building permit for the POWfMIA Memorial Tower: To waive the requirement for a building permit and certificate of occupancy for the POW/MIA Memorial Tower, which is an exhibit piece that can be moved and not a permanent structure. 3. Site Plan Approval: To waive site plan approval, as no new building is taking place on existing property. Site Plan should not be necessary. Tank and Ordnance War Memorial Museum American Armoured Foundation, Inc. A.A.F. Mailing Adress 2383 5lb Ave., Ronkonkoma, NY 11779 (516) 598-0033 Museum: Love Lane Mattituck, NY AMERICAN ARMOURED FOUNDATION, INC. PETITION We, the undersigned, do hereby petition the Town Board of the Town of Southold, Building Department, Planning Department, Zoning Board of Appeals, and all other regulatory agencies with the Town of Southold to grant relief to the American Armoured Foundation, Inc., as follows: 1. Grant a special exception for outside display items. 2. Building permit for the POW/MIA Memorial Tower: To waive the requirement for a building permit and certificate of occupancy for the POW/MIA Memorial Tower, which is an exhibit piece that can be moved and not a permanent structure_ 3. Site Plan Approval: To waive site plan approval, as no new building is taking place on existing property. Site Plan should not be necessary. Tank and Ordnance War Memorial Museum A.A.F. American Armoured Foundation, Inc. Mailing Adress 2383 5th Ave., Ronkonkoma, NY 11779 (516) ';88-0033 Museum: Love Lane Mattituck, NY RECEIVED AMERICAN ARMOURED FOUNDATION, INC. PETITION $outh~id To~m r'l,=rk We, the undersigned, do hereby petition the Town Board of the Town of Southold, Building Department, Planning Department, Zoning Board of Appeals, and all other regulatory agencies with the Town of Southold to grant relief to the American Armoured Foundation, Inc., as follows: 1. Grant a special exception for outside display items. 2. Building permit for the POW/MIA Memorial Tower: To waive the requirement for a building permit and certificate of occupancy for the POW/MIA Memorial Tower, which is an exhibit piece that can be moved and not a permanent structure. 3. Site Plan Approval: To waive site plan approval, as no new building is taking place on existing property. Site Plan should not be necessary. Tank and Ordnance War Memorial Museum A.A.F. American Armoured Foundation, Inc. Mailing Adress 2383 5th Ave., Ronkonkoma, NY 11779 (516) 588-0033 Museum: Love Lane Matlituck, NY AMERICAN ARMOURED FOUNDATION, INC. PETITION We, the undersigned, do hereby petition the Town Board of the Town of Southold, Building Dep~rtment, Planning Department, Zoning Board of Appeals, and all other regulatory agencies with the Town of Southold to grant relief to the American Armoured Foundation, Inc., as follows: l. Grant a special exception for outside display items. 2 Building permit for the POW/MIA Memorial Tower: To waive the requirement for a building permit and certificate of occupancy for the POW/MIA Memorial Tower, which is an exhibit piece that can be moved and not a permanent structure. 3. Site Plan Approval: To waive site plan approval, as no new building is taking place on existing property. Site Plan should not be necessary. Tank and Ordnance War Memorial Museum A.A.F. American Arrnoured Foundation, Inc. Mailing Adress 2383 5Ih Ave., Ronkonkoma, NY 11779 (516) 588-0033 Museum: Love Lane MetlJtuck, NY AMERICAN ARMOURED FOUNDATION, INC. PETITION We, the undersigned, do hereby petition the Town Board of the Town of Southold, Building Department, Planning Department, Zoning Boa.rd of Appeals, and all other regulatory agencies with the Town of Southold to grant relief to the American Armoured Foundation, Inc., as follows: 1. Grant a special exception for outside display items. 2. Building permit for the POW/MIA Memorial Tower: To waive the requirement for a building permit and certificate of occupancy for the POW/MIA Memorial Tower, which is an exhibit piece that can be moved and not a permanent structure. 3. Site Plan Approval: To wa/ve site plan approval, as no new building is taking place on existing property. Site Plan should not be necessary. ....~-~: .......... / (2~.~,?~0--, ...................................................... /~,~ ~-~P.~r ~ .~.~;7 ................ ~/~,.~p~ ~ Tank ~nd Ordnance War Memorial Museum A.&.F. American Armoured Foundation, Inc. Mailing Adress 2383 5lb Ave., Ronkonkoma, NY 11779 (516) 588-0033 Museum: Love Lane Matlltuck, NY AMERICAN ARMOURED FOUNDATION, INC. PETITION We, the undersigned, do hereby petition the Town Board of the Town of Southold, Building Department, Planning Department, Zoning Board of Appeals, and all other regulatory agencies with the Town of Southold to grant relief to the American Armoured Foundation, Inc., as follows: 1. Grant a special exception for outside display items. 2. Building permit for the POW/MIA Memorial Tower: To waive the requirement for a building permit and certificate of occupancy for the POW/MIA Memorial Tower, which is an exhibit piece that can be moved and not a permanent structure 3. Site Plan Approval: To waive site plan approval, as no new building is taking place on _ex_'~roperty. _~_te~uld not be necessary. Tank and Ordnance War Memoriel Museum A.A.F. American Armoured Foundation, Inc. AMERICAN ARMOURED FOUNDATION, INC. PETITION Mailing Adress 2383 5th Ave., Ronkonkoma, NY 11779 (516) 588-0033 Museum: Love Lane Mattituck, NY We, the undersigned, do hereby petition the Town Board of the Town of Southold, Building Department, Planning Department, Zoning Board of Appeals, and all other regulatory agencies with the Town of Southold to grant relief to the American Armoured Foundation, Inc_, as follows: 1. Grant a special exception for outside display items. 2. Building permit for the POW/MIA Memorial Tower: To waive the requirement for a building permit and certificate of occupancy for the POW/MIA Memorial Tower, which is an exhibit piece that can be moved and not a permanent structure. 3. Site Plan Approval: To waive site plan approval, as no new building is taking place on existing property_~e Plan should not be necessary. /p Tank and Ordnance War Memorial Museum A.A.F. N_Y. 11779 American Armoured Foundation, Inc. Mailing Adress 2383 5th Ave., Ronkonkoma, NY 11779 (516) 588-0033 Museum: Love Lane Maltiluck, NY AMERICAN ARMOURED FOUNDATION, INC. PETITION We, the undersigned, do hereby petition the Town Board of the Town of Southold, Building Department, Planning Department, Zoning Board of Appeals, and all other regulatory agencies with the Town of Southold to grant relief to the American Armoured Foundation, lnc, as follows: 1. Grant a special exception for outside display items. 2. Building permit for the POW/MIA Memorial Tower: To waive the requirement for a building permit and certificate of occupancy for the POW/MIA Memorial Tower, which is an exhibit piece that can be moved and not a permanent structure. 3. Site Plan Approval: To waive site plan approval, as no new building is takdng place on existing property. Site Plan should not be necessary. Tank and Ordnance War Memorial Museum A.A.F. American Armoured Foundation, Inc. Mailing Adress 2383 5lb Ave., Ronkonkoma, NY 11779 (516) 588-0033 Museum: Love Lane Maltituck, NY AMERICAN ARMOURED FOUNDATION, INC. PETITION We, the undersigned, do hereby petition the Town Board of the Town of Southold, Building Department, Planning Department, Zoning Board of Appeals, and all other regulatory agencies with the Town of Southold to grant relief to the American Armoured Foundation, Inc., as follows: 1. Grant a special exception for outside display items. 2. Building permit for the POW/MIA Memorial Tower: To waive the requirement for a building permit and certificate of occupancy for the POW/MIA Memorial Tower, which is an exhibit piece that can be moved and not a permanent structure. 3. Site Plan Approval: To waive site plan approval, as no new building is taking place on existing property. Site Plan should not be necessary. ......~)~;--:--:---7/~b~ ......... x~/~_;'~ ............................... ,,..;o ~/~-/~:'----~---: ................ ~o~,~ ~ Tank and Ordnance War Memorial Museum August 13, 1993 Town of Southold Office of the Town Attorney Town Hall $outhold, New York 11971 Attn: Harvey A. Arnoff, Esq. Re: ...... AMERICAN ARMOURED FOUNDATION, INC. Dear Mr. Arnoff: This office represents the American Armoured Foundation, Inc. in its pending application before the Southold Town Board for a change in zoning for its museum property at Love Lane in Mattituck, New York. Having received the proposed covenants in this regard, we respectfully request that the the following modifications: and restrictions Board consider 1. That the tower be permitted to remain at its present location, but reduced in height to less than eighteen (18) feet in harmony with the Town Code's height requirements for structures; 2. The premises shall be accessible to the public and for repairs for the hours as stated, and also on Monday and Thursday evenings from 6 to 9 PM strictly for the purpose of accommodating veterans groups, Boy Scouts and other such organizations. Please .contact me for any further discussion. Very truly Gregory ~. yours, Blass GJB:bab ONGIONI & BORRELLI A~ORNEY~ AT 1AW August 24, 1993 Town Board Town of Southold Main Road Southold, N.Y. 11971 RE: American Armoured Foundation Application for a Zone Change REC I¥ D AUg 2: 1§93 $outKcld To,,,q Dear Board Members: I understand that at today's work session the above matter came up for discussion. During the course of that discussion it became apparant that the Board has been having ex parte communications with a new attorney for the applicant. The excuse for these ex parte communications according to one Board member, was that the opponents (my clients) were availed of the opportunity to state their points at the public hearing. That rationale totally ignores the fact that the applicant also was availed that same opportunity at the public hearing but is now being given the further opportunity to comment on Board proposals and even submit alternative courses of action without a similar opportunity being given to the opponants. These communications are entirely illegal under our system of due process and notice. Even more basic, they are entirely outside the scope of fair play. Please be advised that on behalf of my clients, I hereby request a copy of all communications and/or documents sent to and/or received from the applicant, his prior attorneys or his new attorney, Greg Blass. These actions by an elected body empowered by the electorate to act in a fair and impartial manner ar~ in total violatios of that concept. The fact that the Board could not obtain the necessary four votes because Councilpersons Tom Wickham and Alice Hussie opposed the ex parte proposal of the new attorney, leaves some hope for the legislative process and the electorate, including my clients. CLB:ar CC: Harvey Arnoff, Esq. Town Attorney Judith Terry Town Clerk Gregory Blass, Esq. 120 Court St. Riverhead, NIY. 11901 Very truly yours, ONGIONI & BORRELLI Carmela L. Borrelli A.A.F. American Armoured Foundation, Inc. AMERICAN ARMOURED FOUNDATION, INC. PETITION Mailing Adress 2383 5th Ave_, Ronkonkoma, NY 11779 (516) 588-0033 Museum: Love Lane Mattituck, NY RFCFIVFD AUG 2 '- ~,993 We, the undersigned, do hereby petition the Town Board of the Town of Southold, Building Department, Planning Department, Zoning Board of Appeals, and all other regulatory agencies with the Town of Southold to grant relief to the American Armoured Foundation, Inc., as follows: 1. Grant a special exception for outside display items. 2. Building permit for the POW[MIA Memorial Tower: To waive the requirement for a building permit and certificate of occupancy for the POW/MIA Memorial Tower, which is an exhibit piece that can be moved and not a permanent structure. 3. Site Plan Approval: To waive site plan approval, as no new building is taking place bn existing property. Site Plan should not be necessary_ ..... i ...................................................... Tank and Ordnance War Memorial Museum A.A.F. American Armoured Foundation, Inc. AMERICAN ARMOURED FOUNDATION, INC. PETITION Mailing Adress 2383 5th Ave., Ronkonkoma, NY 11778 (516) 588-0033 Museum: Love Lane Malliluck, NY We, the undersigned, do hereby petition the Town Board of the Town of Southold, Building Department. Planning Department, Zoning Board of Appeals, and all other regulatory agencies with the Town of Southold to grant relief to the American Armoured Foundation, Inc., as follows: 1. Grant a special exception for outside display items. 2. Building permit for the POW/MIA Memorial Tower: To waive the requirement for a building permit and certificate of occupancy for the POW/MIA Memorial Tower, which is an exhibit piece that can be moved as~d not a permanent structure. 3. Site Plan Approval: To waive site plan approval, as no new building is taking place on existing property. Site Plan should not be necessary. A.A.F. American Armoured Foundation, Inc. Mailing Adress 2383 5th Ave., Ronkonkoma, NY 11779 (516) 588-0033 Museum: Love Lane Maltiluck, NY AMERICAN ARMOURED FOUNDATION, INC. PETITION We, the undersigned, do hereby petition the Town Board of the Town of Southold, Building Depa~ment, Planning Department, Zoning Board of Appeals, and all other regulatory agencies with the Town of Southold to grant relief to the American Armoured Foundation, Inc., as follows: 1. Grant a special exception for outside display items. 2. Building permit for the POW/MIA Memorial Tower: To waive the requirement for a building permit and certificate of occupancy for the POW/MIA Memorial Tower, which is an exhibit piece that can be moved and not a permanent structure. 3. Site Plan Approval: To waive site plan approval, as no new building is taking place on existing property. Site Plan should not be necessary. Tank and Ordnance War Memorial Museum A.A.F. N.Y. 11TTg American Armoured Foundation, Inc. Mailing Adress 2383 5th Ave., Ronkonkoma, NY 11779 (516) 588-0033 Museum: Love Lane Matlituck, NY RECEIVED AMERICAN ARMOURED FOUNDATION, INC. PETITION Southold Town C erk' We, the undersigned, do hereby petition the Town Board of the Town of Southold, Building Department, Planning Department, Zoning Board of Appeals, and all other regulatory agencies with the Town of Southold to grant relief to the American Armoured Foundation, Inc., as follows: 1. Grant a special exception for outside display items. 2. Building permit for the POW/MIA Memorial Tower: To waive the requirement for a building permit and certificate of occupancy for the POW/MIA Memorial Tower, which is an exhibit piece that can be moved and not a permanent structure. 3. Site Plan Approval: To waive site plan approval, as no new building is taking place on existing property. Site Plan should not be necessary. Lq"- /~£,:'c ~ /.Z) o c,,c~,.~,- ,-Tr. o?-, Tank and Ordnance War Memorial Museum A.A.F. American Armoured Foundation, Inc. Mailing Adress 2383 5th Ave., Ronkonkoma, NY 11779 (516) 588-0033 Museum: Love Lane Mattiluck, NY AMERICAN ARMOURED FOUNDATION, INC. PETITION We, the undersigned, do hereby petition the Town Board of the Town of Southold. Building Department, Planning Department, Zoning Board of Appeals, and all other regulatory agencies with the Town of Southold to grant relief to the American Armoured Foundation, Inc., as follows: 1. Grant a special exception for outside display items. 2. Building permit fo]- the POW/MIA Memorial Tower: To waive the requirement for a building permit and certificate of occupancy for the POW/MIA Memorial Tower, which is an exhibit piece that can be moved and not a permanent structure. 3_ Site Plan Approval: To waive site plan approval, as no new building is taking place on existing property. Site Plan should not be necessary. Tank and Ordnance War Memorial Museum ONGIONI & BORRELLI August 6, i993 Harvey A. Arnoff, Esq. Gatz, Arnoff & Gzygier 16 West Main Street P.O. Box 449 Riverhead, N.Y. 1190]-0301 RE: American Armoured Foundation Request For Zoning._~b_~Dge ..... R CEIVED Soulhold lov,n t'l=rX Dear Harvey: I have been advised that the applicant in the above matter has submitted a petition to the Town Board among other Boards slgned by some 30 plus persons. The petition advocates for several items ail of which are illegal and improper. On behalf of my clients, I strenuously object to the acceptance by the Town Board of the petition since the public hearing on this matter was closed in late November, ]992. Supporting documentation in the form of a petition should have beer rejected outright rather than accepted even if it is ultimatel rejected. Since Board members have undoubtedly reviewed the improper filed petition, I would like to call attention to the fact th only one signatory is a Southold Town resident and that the reli requested is totally outside the jurisdiction of any of the na~ Boards without the proper application. I would also appreciate advice on when it can be expected t a decision will be rendered. The applicant has been allowed continue in operation in flagrant disregard of the Town's code for an additional nine months since the hearing was cio It is most certainly an abuse of discretion to delay a decisi which allows improper and illegal activities to continue in total disregard of the 1~. I respectfully request on behalf of my clientS, that this latter be resolved so we may proceed with whatever action is equired as a result of the decision. The latest submission bi the applicant is but another attempt to circumvent the properand appropriate channels by which relief is to be sought. Very truly yours, ONGIONI & BORRELLI ~ Carmela L. Borrelli CLB:ar cc: Judith Terry, Town Crk TowB Board Wickham, wickham & B~ler Attention: Daniel C. Is, Esqo ONGIONI & BORRELEI August 6, 1993 Harvey A. Arnoff, Esq. Gatz, Arnoff & gzygier 16 West MaSh Street P.O. Box 449 Riverhead, N.Y. 11901 0301 RE: American Armoured Foundation Request For Zoninq Chanqe R CEIYED Soulhold lovm Clorl~ Dear Harvey: I have been advised that the applicant in the above matter has submitted a petition to the Town Board among other Boards signed by some 30 plus persons. The petition advocates for several items all of which are illegal and improper. On behalf of my clients, I strenuously object to the acceptance by the Town Board of the petition since the public hearing on this matter was closed in late November, 1992. Supporting documentation in tile form of a petition should have been rejected outright rather than accepted even if it .is ultimately rejected. Since Board members have undoubtedly reviewed tile improperly filed petition, I would like to call attention to the fact that only one signatory is a Southold Town resident and that the relief requested is totally outside the jurisdiction of any of the named Boards without the proper application. I would also appreciate advice on when it can be expected that a decision will be rendered. Tile applicant has been allowed to continue in operation in flagrant disregard of the Town's zoning code for an additional nine months since the hearing was closed. It is most certainly an abuse of discretion to delay a decision which allows improper and illegal activities to continue in total disregard of the law. I respectfully request on behalf of my clients, that this matter be resolved so we may proceed with whatever action is required as a result of the decision. The latest submission by the applicant is but another attempt to circumvent the proper and appropriate channels by which relief is to be sought. CLB:ar cc: Judith Terry, Town Clerk Town Board Wickham, Wickham & Bressler Attention: Daniel C. Ross, Esq. Very truly yours, ONGION~I, & BORRELLI Carmela L. Borrelli DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION, made the day of July, 1993. by WILLIAM F. GASSER, President of American Armoured Foundation, Inc., with a business address of 2383 Fifth Avenue, Ronkonkoma, New York 11779, declarants, WHEREAS. declarant is the owner of certain real property situated in Mattituck, Town of Southold, Suffolk County, New York with Suffolk County Tax Map Designation (5CTM) 1000-1L[0-2-16. commonly known as the "Tank Museum" and more particularly described below: ALL that certain plot, piece or parcel of land, with the buildings and improvements hereon erected, situate, lying and being at Mattituck, Town of Southold, County of Suffolk and State of New York which is bounded and described as follows: BEGINNING at a point on the corner formed by the intersection of the northeasterly side of Love Lane with the northwesterly side of property of the Long Island Railroad Company and from said point of beginning; RUNNING THENCE northwesterly along the northeast- erly side of Love Lane North 35 degrees 17 minutes q0 seconds West 50 feet; RUNNING THENCE along the land now or formerly of MacMillian North ~5 degrees 05 minutes 00 seconds East 187.6u, feet; RUNNING THENCE along the land now or formerly of MacMillian and Hawkins North 35 degrees 17 minutes ~0 seconds West 336.23 feet to the northeasterly side of Middle Road; RUNNING THENCE northeasterly along the southeast- erly side of Middle Road, North 55 degrees 02 minutes 20 seconds East 60.00 feet; RUNNING THENCE South 35 degrees 17 minutes ~0 seconds East along the land now or formerly of Wines 375.72 feet to land of the Long Island Railroad Company; RUNNING THENCE along land of the Long Island Railroad Company South L[5 degrees 05 minutes 00 seconds West 2~8.50 feet to the corner aforesaid the point or place of BEGINNING. WHEREAS, the Town Board has determined that the intended use of the premises as a museum is not offensive and does not present many of the negative elements and planning concerns normally attenclant to hamlet business use and. WHEREAS, the Town Board determined that there is sufficient off premises parking available to possible patrons of the museum and that on premises parking will not be required. WHEREAS, for and in consideration of the granting by the Town Board of the Town of Southold on July 1993 of a change of zone from Light Industrial ("LI") and Residential Office ' ("RO") to Hamlet Business ("HB") to declarant, William F. Gasser and the American Armoured Foundation, Inc., the Town Board of the Town of Southold has required that the within declaration be recorded in the Suffolk County Clerk's office and, WHEREAS, declarants have considered the foregoing demand and determined that based upon the limited nature of the intended use as a museum will be in the best interests of the declarants and the community, NOW. THEREFORE, THE DECLARANTS WlTNESSETH: 1. The gun tower, presently located near the Love Lane entrance to the subject premises and depicted on the survey prepared by Roderick Van Tuyl, P.C., as amended September 16, 1991, a copy of which is annexed hereto, is to be moved to a point not closer than the one hundred feet from the Love Lane entrance. 2- The premises shall be accessible to the public only during the following hours of operation: Monday through Friday 9:00 A.M. to 5:00 P.M. and Saturday and Sunday 10:00 A.M. to 7:00 P.M. 3. All exterior lighting shall be shielded to the property, directed away from roperty owners, and shall be of such a type as to minimize glare. ~ Public assembly, (i.e., fund raisers, special events, or the like) shall be permitted no more than three (3) times per calendar year. 5. The existing fencing to the extent same exists shall be replaced within six months of the date of this declaration and shall be of a type as to provide natural *~o~---~ screening which is aesthetically pleasing and non-military in nature. Furthers) to the extent necessary plantings shall be placed along the perimeter of the premises so that the screening be of a natural vegetative type. 6. The change of zone application shall not in any way be considered as the granting of any variance necessary to the proposed use. 7. Declarants, for the purpose of carrying out the intentions above expressed does hereby make known, admit, publish, covenant and agree that the said premises herein described shall hereinafter be subject to the above-stated covenants which shall run with the land and be binding upon all purchasers and holders of said premises, their heirs, executors, legal representatives, distributees, successors, assigns and that these covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of the majority plus one of the Town Board of the Town of Southold or its successor body, after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing, but their consent to such modification shall not be required. IN WITNESS WHEREOF, the declarants have hereunto set their hand and seal the day and year above written. AMERICAN ARMOURED FOUNOATION, INC. BY: WILLIAM F. GASSER, President STATE OF NEW YORK) SS.: COUNTY OF SUFFOLK) On the day of July, 1993, before me personally came WILLIAM F. GASSER, to me known, who, being by me duly sworn, did depose and say that she resides at 2383 5th Avenue, Ronkonkoma, New York 11179; that he is the President of American Armoured Foundation, Inc., the corporation described in and which executed the foregoing instrument; that she knows the seal of said corporation that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that she sioi3ed her name thereto by like order. Notary Public July 14, 1993 Southold Town Hall Main Road Southold, NY 11971 Gentlemen, I have visited the American Armoured Foundation "Tank Museum" in your town and found it to be a worthwhile exhibit. As an addition to your list of tourist attractions this should certainly be an agreeable one. It would seem to be a "good" neighbor with good clean family entertainment. I would hope that your board would do all it can to keep this museum open. Thank you, Linda Southard JUNE 29.1993 MS. LINDA POZNACK 26 MORNING DRIVE CENTEREACH,N.Y. 11720 RECEIVED JUL 1 "1993 ATT: SOUTHOLD TOWN HALL,ZONING BOARD DEAR SIR(S), ON JUNE 20th I VISITED THE TANK MUSEUM WITH MY FATHER WHO IS A VETERAN OF WORLD WAR TWO. IT WAS FATHER'S DAY AND HE HAD SAID THAT HE WANTED TO SEE THE MUSEUM THAT HE HEARD SO MUCH ABOUT IN THE PAPERS. WHEN VISITING THE MUSEUM I WAS QUITE SUPRISED IN HOW IMPRESSIVE THE MUSEUM IS. I COULD UNDERSTAND MY FATHER BEING SO ENTHUSED IN THE TANK MUSEUM SINCE HE WAS A VETERAN, BUT WHAT I DID NOT EXPECT WAS THAT I WOULD BE SO IMPRESSED AS WELL. THE MUSEUM IS SO LITTLE KNOWN AND SHOULD BE PROMOTED BY THE TOWN'S OFFICIALS. THE NEWSPAPER STORIES CONCERNING THE MUSEUM'S ZONING PROBLEMS MAKES NO SENSE AS THE MUSEUM HAS DONE A FINE JOH IN REPRESENTING THE COMMUNITY. ITS UNFORTUNATE THAT THERE ARE SOME INDIVIDUALS IN THE TOWN'S GOVERNMENT WHO WOULD RATHER LOSE THIS FINE TOURIST ATTRACTION THAN SUPPORT IT AS IT SHOULD BE. CONSIDER THE MANY THOUSANDS OF VETERANS OUT THERE WHO GAVE THEIR "ALL" FOR THEIR COUNTRY, AND HOW THE MUSEUM SUPPORTS THEM. HOPEFULLY SOUTHOLD TOWN WILL NOT STAND IN THE WAY OF THE MUSEUM AS IT TRYS TO HELP THESE SOLDIERS LIKE MY FATHER. DO WHAT YOU CAN TO HELP THE MUSEUM OVERCOME TOWN HALL RESISTANCE TO THE MUSEUM'S NEEDS AS ONCE THEY ARE GONE ALL VETERANS, AND THE TOWN, WILL SUFFER A NEEDLESS LOSS. MS. LINDA POZNACK A.A.F. American Armoured Foundation, Inc. Mailing Adress 2363 5th Ave., Ronkonkoma, NY 11779 {516) 588-0033 Museum: Love Lane Maltltuck, NY AMERICAN ARMOURED FOUNDATION, INC. PETITION We, tile undersigned, do hereby petilion thc Town Boa~'d of the Town of Southold, Building Dep~-tment, Planning Department, Zoning Board of Appeals, and all o/her regulatory agencies with the Town of Southold, to grant releif to the American Armourcd Foundation, Inc. as follows: 1. Grant a special exception for outside display ilems. 2. Building Permit for the POW/MIA Melnofial Tower: To w.qive the requirement for a building permit and certificate of occupancy for the POW/3dlA Memori'A Tower, which is an exhibit piece that can be moved and not a permanent structure. 3. Site Plan Approval: To waive site plan approval, as no new btfildiug is laking place on existing property. Site plan should uot be necessary. 3 Tank and Ordnance War Memorial Museum A..~F. 5Ih A~enu~ I~lo,tl~oboma, N.Y. 11T'/'B American Armoured Foundation, Inc. Mailing Adress 2383 5th Ave., Ronkonkome, NY 11779 (516} 589-0033 Museum: Love Lane Maltlluck, NY AMERICAN ARMOURED FOUNDATION, INC. PETITION We, the undersigned, do hereby petition the Town Board of the Town of Southold, Building Department, Planning Department, Zoning Board of Appeals. and all other regulatory agencies with the Town of Southold, to grant relei[ to the American Armoured Foundation, Inc. as follows: 1. Grant a special exception for outside display items. 2. Building Permit /bt Ihe POWflvI[A Memorial Tower: To waive the requirement for a building permit and certificate of occupancy for the POW/MIA Memorial Tower, which is an exhibit piece that can be moved and not a permaneut structure. 3. Site Plan Approval: To waive s~te plan approval, as no new building is taking place on existing property. Site plan should uot be necessary. , :. - .. , . / .7': Tank and Ordnance War Mamorial Museum A.A.F. American Armoured Foundation, Inc. Marling Adress 2383 5Ih Ave., Ronkonkome, NY 11779 (516) 588-0033 Museum: Love Lane Mellltuck, NY AMERICAN ARMOURED FOUNDATION, INC. PETITION We, the undersigned, do hereby petition the Town Board of the Town of Southold, Building Department, Planning Department. Zoning Board of Appeals. and all other regulatory agencies with the Town of Southold, to grant releif to the American Armoured Foundation, Inc. as follows: 1. Grant a special exception for outside display items. 2. Building Permit for the POW/MIA Memorial Tower: To waive the requirement for a building permit and certificate of occupancy for the POW/MIA Memorial Tower. which is an exhibit piece that can be moved and IlO[ a permanent structure. 3. Site Plan Approval: To v,,aive stte plan approval, as no new building is taking place on existing property. Site plan should not be necessary. ~. JOE t.- Tank and Ordnance War Memorial Muaeum American Armoured Foundation, Inc. Mailing Adress 2383 5Ih Ave., Ronkonkoma, NY 11779 (516 ) 588 -0033 Museum: Love Lane Malllluck, NY AMERICAN ARMOURED FOUNDATION, INC. PETITION We, lhe undersigned, do hereby petition the Town Board of [he Town of Southold, Building Department, Planning Department, Zoning Board of Appeals. and all olher ~egulatory agencies with the Town of Southold, to grant releif to Ihe American Armoured Foundation, Inc. as follows: 1. Granl a special exception for outside display tie,ns. 2. Building Permit lbr the POW/MIA Memorial Tower: To waive the requirement for a building permit and certificate of occupancy lbr lhe POW/MIA Memorial Tower, which is an exhibit piece that can be moved and not a pemmnent structure. 3. Site Plan Approval: To waive site plan approval, as no new building is taking place on existing property. Site plan should not be necessary. Tank and Ordnance War Memorial Museum &.A.F. N.Y. 117'79 American Armoured Foundation, Inc. Malting Adress 2383 5th Ave., Ronkonkoma, NY 11779 (516) 588-0033 Museum: love Lane Maffituck, NY AMERICAN ARMOURED FOUNDATION, INC. PETITION We, the undersigned, do hereby petition Ihe Town Bored of the Town of Soulhold, Building Department, Planning Department, Zoning Board of Appeals, and all o~her regulatory agencies with the Town of Southold. to grant releif to the American Armoured Foundation, Inc. as t'ollows: l. Grant a special exception for outside display items. 2. Building Petmil for the POW/MIA Nlemorial Tower: To waive tile requirement for a building permit and certificate of occupancy for tim POW/MIA Metnorial Tower. which is an exhibit piece that can be moved and not a permanent structure. 3. Site Plan Approval: To waive site plan approval, as no new building is taking place on existing property. Site plan should not be necessm3,. Tank and Ordnance War Memorial Museum American Arrnoured Foundation, Inc. Mailing Adress 2383 5lb Ave., R onkonkoma, NY 11779 (518) 588-0033 Museum: Love Lane Mattltuck, NY AMERICAN ARMOURED FOUNDATION, INC. PETITION We. the undersigned, do hereby petition the Town Board of the Town of Southold, Building Department, Planning Department. Zoning Board of Appeals, and all other regulatory agencies with the Town of Southold, to grant releif to the American Annoured Foundation, Inc. as follows: 1. Grant a special exception for outside display items. 2. Building Permit for the POW/MIA Memorial Tower: To waive the requirement for a building permit and certificate of occupancy for the POW/MIA Memorial Tower, which is an exhibit piece that can be moved and not a permanent structure. 3. Site Plan Approval: To waive site plan approval, as no new building is taking place on existing property. Site plan should not be necessary. Tank and Ordnance War Memorial Museum A~nu. N_Y. 11779 American Armoured Foundation, Inc. Mailing Adress 2383 5th Ave., Ronkonkoma, NY 11779 (516) 588-0033 Museum: Love Lane Mattiluck, NY AMERICAN ARMOURED FOUNDATION, INC. PETITION We, the undersigned, do hereby petition the Towu Board of the Town of Southold, Building Department, Planning Departmem. Zoning Board of Appeals, and all other regulatory agencies with the Town of Southold. to grant releif to the American Armoared Foundation, Inc. as follows: 1. Grant a special exception for outside display items. 2. Building Permit for the POW/MIA Memorial Tower: To ,,valve the requirement for a building permit and certificate of occupancy for the POW/MIA Memorial Tower. which is an exhibit piece that can be moved and not a permanent structure. 3. Site Plan Approval: To waive site plan approval, as no new building is taking place on existing property. Site plan should not be necessary. Tank and Ordnance War Memorial Museum A.A.F. American Armoured Foundation, Inc. Mailing Adress 2383 5th Ave., R onkonkoma, NY 11779 (516) 588-0033 Museum: Love Lane Mattltuck, NY AMERICAN ARMOURED FOUNDATION, INC. PETITION We, the undersigned, do hereby petition the Town Board of the Town of Southold, Building Department. Planning Department, Zoning Board of Appeals, and all other regulalory agencies with the Town of Southold, to granl releif to the Americau Armoured Foundation, Inc. as follows: 1. Grant a special exception for outside display items. 2. Building Permit for the POW/MIA Memorial Tower: To waive thc requirement for a building permit and certificate of occupancy tbr the POW/MIA Memorial Tower. which is an exhibit piece that can be moved and not a permanent structure. 3. Site Plan Approval: To waive site plan approval, as no new buildiag is taking place on existing property. Site plan should not be necessary. Tank and Ordnance War Memorial Museum American Armoured Foundation, Inc. Mailing Adress 2383 5th Ave., Ronkonkoma, NY 11779 (516) 588-0033 Museum: Love Lane Mallltuck, NY AMERICAN ARMOURED FOUNDATION, INC. PETITION We, the undersigned, do hereby petitiou the Town Board of the Town of Southold, Building Department, Plauning Department, Zoning Board of Appeals, and all other regulatory ageucies with the Town of Southold, to graut releif to the American Armoured Foundation, Inc. as follows: l. Grant a special exception for outside display items. 2. Building Permit t'or the POW/MIA Ivlemorial Tower: To waive the requirement for a building permit and certificate of occupancy for the POW~IIA Memorial Tower, v,,hich is an exhibit piece that can be moved and not a pemmnent structure. 3. Site Plau Approval: To waive site plan approval, as uo new building is taking place on existing property. Site plan should uot be necessary. Tank and Ordnance War Memorial Mu.eum A.A.F. American Armoured Foundation, Inc. Mailing Adress 2383 5Ih Ave., Fionkonkoma, NY 11779 (516) 5811-0033 Museum: Love Lane Metfltuck, NY AMERICAN ARMOURED FOUNDATION, INC. PETITION We, the undersigned, do hereby petition the Town Bom'd of the Town of Southold, Building Department. Planning Department, Zoning Board of Appeals. and all other regulatory agencies with the Town of Southold, to grant releif to Ihe American Armoured Foundation, inc. as follows: 1. Grant a special exception for outside display items. 2. Building Permit for the POW/MIA Memorial Tower: To wa/ye the requirement for a building permit and certificate o[ occupancy for the POW/MIA Memorial Tower. which is an exhibit piece that can be moved and no/ a permanent structure. 3. Site Plan Approval: To waive site plan approval, as no new building is taking place on existing property. Site plan should not be necessary. Tank end Ordnance War Memorial Museum &~,.F. N.Y. 1177S American Armoured Foundation, Inc. Mailing Adress 2383 5th Ave., R onkonkoma, NY 11779 (516) 583-0033 Museum: love Lane Mallltuck, NY AMERICAN ARMOURED FOUNDATION, INC. PETITION We, lhe undersigned, do bereby petition the Town Board of the Town of Southold, Building Department, Planuing Department. Zoning Board of Appeals, and all other regulatory agencies with the Town of Southold, to grant releif to the American Armoured Foundation. Inc. as follows: I. Grant a special exception for outside display items. 2. Building Permit for the POW/MIA Memorial Tower: To waive the requirement lbr a building permit and certii'icate of occupancy for the POW/MiA Memorial Tower, which is an exhibit piece that can be moved and not a permanent structure. 3. Site Plan Approval; To waive site plan approval, as no new building is taking place on existing property. Site plan should not be necessary. re 0 Tank and Ordnance War Memorial Museum American Armoured Foundation, Inc. Mailing Adress 2383 5th Ave., Ronkonkoma. NY 11779 (516) 588-0033 Museum: Love Lane MatBtuck, NY AMERICAN ARMOURED FOUNDATION, INC. PETITION We, the undersigned, do hereby petition the Town Board of the Town of Southold, Building Department. Planning Department, Zoning Board of Appeals, and all other regulatory agencies with the Town of Southold. to granl releif to the American Armoured Foundation, inc. as follows: 1. Grant a special exception for outside display items. 2. Building Permit for the POW/IvlIA Memorial Tower: To waive the requirement for a building permit and certificate of occupancy for the POW tMIA Memorial Tower, which is an exhibit piece that can be moved and not a permanem structure. 3. Site Plan Approval: To waive stte plan approval, as uo new building is taking place on existing property. Site plan should not be uecessary. Tank and Ordnance War Memorial Mu.eum A.A.F. ~ 5lb A~r, ue Ronkonlioml, N.Y. 11779 American Armoured Foundation, Inc. Mailing Adress 2383 5Ih Ave., FI onkonkoma, NY 11779 (516) 588-0033 Museum: Love Lane Maltituck, NY AMERICAN ARMOURED FOUNDATION, INC. PETITION We, the undersigned, do hereby petition the Town Board of tim Town of Southold, Building Department, Planning Department, Zoning Board of Appeals, and all other regulatory agencies with the Town of Southold, to grant releff to the American Armoured Fouadation, Inc. as t'ollows: 1. Grant a special exception for outside display items. 2. Building Permit for the POW/MIA Memorial Tower: To waive the requirement for a building permit and certificate of occupancy for the POW/MIA Memorial Tower, which is an exhibit piece that can be moved and not a permanent structure. 3. Site Plan Approval: To waive site platt approval, as no new building is taking place on existing property. Sile platt should not be necessary. l? Tank end Ordnance War Memorial Museum American Armoured Foundation, Inc. Mailing Adress 2383 5th Ave., Ronkonkoma, NY 11779 (516) 588-0033 Museum: Love Lane Mattltuck, NY AMERICAN ARMOURED FOUNDATION, INC. PETITION We, the undersigned, do hereby petition the Town Bom'd of the Town of Southold, Building Department, Plamfing Department, Zoning Board of Appeals, and all other regulatory agencies with the Town of Southold, to grant releif to the American Armoured Foundation, Inc. as follows: 1. Grant a special exception for outside display items. 2. Building Permit for the POW/MIA Memorial Tower: To waive the requirement for a building permit and certificate of occupancy for the POW/IvlIA MemoriM Tower, which is an exbibit piece that can be moved and not a permanent structure. 3. Site Plan Approval: To waive site plan approval, as no new building is taking place on existing property. Sile plan should not be necessary. Tank and Ordnance War Memorial Museum Phyllis Baity interior Decorator Decorating Den RECEIVED JUL 9 1993 '~- ~ ~) ~ , 7 Wedgewood La~e · Mendham, New Jersey 07945 · OHice: 201-543-5555 Amerlc-n Armoured Foundation, Inc. AMERICAN ARMOURED FOUNDATION, INC_ PETITION Mailing Adress 2383 5Ih Ave., Ronkonkoma, NY 11779 (,516) ,588-0033 Museum: Love Lane Mattiluck, NY RECEIVED JUL 8/gg3 $outhold Town Cl~k We, the undersigned, do hereby petition the Town Board of the Town of Soulhold, Building Department. Planning Department, Zoning Board of AppeaLs. and all other regulatory agencies with the Town of Southold, to grant releif to the A~nerican Armoured Foundation, Inc. as follows: 1. Grant a special exception for outside display items. 2. Building Permit for thc POW/MIA Mearorial Tower: To waive thc requirement for a building permit and certificate of occupancy tbr the POW/MIA Memorial Tower, which is an exhibit piece that can be moved and trot a permanent structure. 3. Site Plan Approval: To waive site plan approval, as no new building is taking place on existing property. Site plan should nol be necess:w/.. Tank and Ordnance War Memorial Mueeum A.A.F. American Armoured Foundation, Inc. Mailing Adress 2383 5th Ave., Ronknnkoma, NY 11779 (516) $88-0033 Musaum: Love Lane MalUluck, NY AMERICAN ARMOURED FOUNDATION, INC. PETITION We, the undersigned, do hereby pelition the Town Board of Ihe Town of Somhold. Building Department. Planning Department. Zmling Board of Appeals, and all other regulatory agencies with the Town of Southold, to grant releif to the American Mmoured Foundation, Inc. as follows: I. Grant a special exception iht outside display items. 2. Building Permit for lhe POW/MIA Memorial Tower: To wMve the rcquiremeot for a building permit and certificate of occupancy for the POW/MIA Memorial Tower, which is an exhibit piece that can be moved and not a permaneut structure. 3. Site Plan Approval; To waive sile plan approval, as no uew building is laking place on existing properly. Site plan should nol be necessary. /l/t7TM -~ , .,. ~. ' rv-'~ /17c¢ Tank and Ordnance War Memorial Museum ~ SI~ Aw~u~ ROn~MTi, N.Y, 11779 American Armoured Foundation, Inc. Mailing Adress 2383 5th Ave_, Ronkonkoma, NY 11776 (516) 588-0033 Museum: Love Lane Mattltuck, NY AMERICAN ARMOURED FOUNDATION, INC. PETITION We, the undersigned, do hereby petilion the Town Board of the Town of Southold, Building Department, Planning Department, Zoning Board of Appeals. and all other regulatory agencies with the Town of Southold, to grant releif to the American Armoured Foundation, Inc. as follows: 1. Grant a special exception for outside display items. 2. Building Permit for the POW~IIA Memorial Tower: To waive the requirement for a building permit and certificate of occupancy for the POW/MIA Memorial Tower, which is an exhibit piece that can be moved and not a permanent slructure. 3. Site Plan Approval: To waive site plan approval, as no new building is taking place on existing property. Site plan should not be necessary. Tank and Ordnance War Memorial Museum Southold Town Hall Main Road Southold, New York June 28,1993 Att: Zoning Committee Dear Sir, RECEIVED JUL ? 1993 Saulhold Town As a school teacher I had recently visited the Tank Museum in your town. This is a fine organization worthy of more town support. I would like to come back with a group of my students but have been told by the museum staff that they lack the funds to open the museum during the week. They explained that most of their donated funds are going lately to lawyers to defend them- selves against town zoning and site plan demands. This is a great waste of the museum's meager funds and I'm sure the town has other things more important to do than to attack this educational facility. With over a million people living on Long Island, I find it difficult to believe that Southold Town can not find the heart to grant the museum its zoning and site plan needs so that they can put their efforts in expanding their hours so many more school children can visit. Please see to it that you support the museum so that the many thousands of school children who would love to visit this amazing museum can have it still there for their education. Southold should be glad to have an attraction that surpasses even the Long Island Game Farm in educational scope and quality. 350 Washington Ave. Patchogue, New York July 1,1993 Southold Town Hall Main Road Southold, N.Y. Att: Supervisor Harris & Zoning Board RECEIVED 3UL 7 ' 993 Southold Town Cl~r~ Dear Sir(s), I'm sending you this letter to let you know that my family and I visited the AAF Tank Museum in Mattituck last week and enjoyed ourselves immensely. Southold Town officials should do everything in its power to support this wonderful educational museum. The town should not be placing zoning or site demands on this fragile charitable organization who is doing its best to support our veterans and the town economy. It would be wise for the town to grant the museum"s zoning and site plan wishes so they can take what little donated funds they have and spend it on improving their already impressive museum. The museum should not have to be spending its money on lawyers bills instead. I would think that there are town officials who would consider the town lucky to have such a fine museum in its town. It is only once in a lifetime that a Cradle of Aviation or a Tank Museum will move into a town, and such a town should do all it can to help such an organization survive. Please do what you can to eliminate the Tank Museum's zoning and site plan problems so they can cont,.hue to put their efforts in building up the museum even further. Sincerely, Mr. Salvatore Messina and family 516 Birch Hollow Dr. Shirley, 11967 ! 7/3/73 ~-~-~ RECBVED JUL 7 ~§93 RECEIVED JUL ? lgg3 Soul'hold Tn,,,,,, RECEIVED ×/? ~'/ JUL 7 Igg3 Soutflold Town C ~r~ 7/~ /93 Southold Townhall Southold N.Y. ,1197] Zoning Board Janet G. Angora 206 Allwood Ave. Central IslJp N.Y. 11722 To Whom it May Concern; In support of the American Armoured Foundation, I would like to state that as an active participant in the AAF and being aware of its intent and purpose to educate as well as entertain, I am hopeful for its continuity as a part of Long Island. I am grateful for the knowledge it provides, and proud of the memorial it serves for all veterans, Long Islanders and otherwise. S,[ncerely,, -f Janet G. Angora 7/¥~3 5c, o:~-^ o.'-,~ 'C, ~' RECEIVED JUL § 1993 SOu~old Town RECEIVED JUL 6 1993 Southold To~n Cler~ WlCKHAM, WlCKHAM 8, E~RESSLER, P.C. December 1, 1992 Town of Southold Town Hall P.O. Box 1179 53095 Main Road Southold, New York 11971 RECEIVED DEC 2_ 1992 S~,,~I ~' .... Attention: Ms. Judith Terr~, Town Clerk Re.: Petition of William F. Gasser end The Amerioan Armoured Foundation, Dear Ms. Terry: This is further to my correspondence of November 17, 1992. Enclosed please find the original last page of William F. Gasser's response to the Ammirati opposition for your records. Very truly yours, Daniel C. Ross~ ic Enclosure lettersv/gasstown 12, T~ac section of A~n~reti Memorandme addrmel~d to tAe misst~temeat. In an attempt tO give some &uthority %o their position the Ammiratis state ~.he Plmnnin~ Board is opposed %o %he zone chan~e. Tllat is simply no~ true. ~e Planning Board merely suggested %h~% a study of the zoning pattern of the Mattituck is a~pur~nt this ~oard felt a more ~eliberate ap~rom=h to the ~pccifio i~ue here wa~ re~irud. 1~. Wl~h respect =o ~he ~lrmti opo= z~ning allegations, if, "spot-zoning" means what co,on usage of the words ~uggm~t, my petition certainly d0em no~ lend l~melf ~o mpo~ ~oninq claims. A review of =he ma~ ~hows =here is HB zoned pro~rty on ~wu sldBs, North. Simply put, the granting of my petition would not be spot zoning. ~E~FORE, i% is repasted my petition be 9ranted. 1~92 Town of Southold Town Hall P.O. Box 1179 53095 Main Road Southold, New York WlCKHAM, WICKHAJvI & BRE$SLER, P.c. MAIN ROAD, P.O. BOX 1424 MATTITUCI~, LONG ISLAND NEW YORK II952 November 24, 1992 11971 RECEIVED NOV 2 5 Igg2 Attention: Ms. Judith Terry, Town Clerk Re.: Petition of william F. Gasser and The American Armoured Foundation, Inc. Dear Ms. Terry: In response to Ms. Borrelli's correspondence of November 20, 1992 you are respectfully referred to N.Y. General Construction Law section 20, C.P.L.R. 2214 and the stamp on the envelope received by the Town indicating the day the Reply was mailed. The Reply papers were mailed within the required seven days. This is in accordance with motion procedure in the Supreme Court or the filing of a claim against a Town. The papers were served on opposing counsel as is the procedure in motion practice. ~/~ry t~i y/~ur ~s, ( DCR:ic cc: Harvey Arnoff, Esq. Carmela L. Borrelli, Esq. lettersv/gasstown STATE OF NEW YORK TOWN OF SOUTHOLD In the Matter of the Petition of William F. Gasser and The American Armoured Foundation, Inc., For an Amendment to the Southold Town Zoning Code and the Southold Town Zoning Map for the Town of Southold, Suffolk County, New York. Ri:C IvED NOV 2 4 1§92 Sa lheld Cleric' REPLY MEMORANDUM OF DIANE AND FRANK AMMIRATI IN OPPOSITION TO THE PETITION FOR CHANGE OF ZONE The Petitioner, William Gasser has responded to objectants' opposing papers by affidavit dated November 17, 1992. However, the response was not filed with the office of the Town Clerk until November 19, 1992. At the Public Hearing regarding this matter, Mr. Gasser was given until November 17, 1992 to file his responding papers and thus his affidavit was untimely filed and should not be considered by this Board in making a determination. Objectants request that the responding affidavit be returned to Mr. Gasser as untimely filed. In the event, however, that this Board sees fit to consider the response, objectants submit their reply as follows: The entire contents of Mr. Gasser's affidavit (particularly paragraphs numbered 2, 3, 4, 5, and 6) revolve around the single premise that he did not know that his use of the premises was in violation of the zoning code, and, since action was never taken against him by the Town, this meant the Town had determined his use was consistent with the zoning regulations. That premise ignores some very basic legal concepts. First, assuming arguendo that Mr. Gasser did not know his use was improper, ignorance of the law has never been an excuse for its violation and has never been, and is not now, a defense to an illegal act. Second, and more importantly, a party gains no vested right from an illegal activity. Thus, even if Mr. Gasser had some type of approval from one of the many Town Boards before whom he has appeared for any one of his current violations, that approval would be null and void because the property is not zoned for the use to which it has been put by the applicant. For example, if Mr. Gasser had sought and obtained a building a permit from the Building Department for the gun tower without having first obtained a variance from the ZBA, he would have no vested right in allowing it to remain because the permit would have been illegally granted. In fact, even if Mr. Gasser had first sought and received a variance and a building permit thereafter issued, he would still have no vested right to maintain the gun tower because the use is illegal. In paragraph #8 in response to objectants' statement that Mr. Gasser apparently claimed before the ZBA to be a pre-existing non- conforming use, Mr. Gasser states that "neither I nor my attorney made such a claim to the ZBA". Attached hereto as E×hibit 1 is a copy of Mr. Gasser's Appeal from the Building Inspector's disapproval which clearly states the applicable sections from which a variance is sought as Section 100-241A and 100-142. For the Board's information Section 100-241 of the zoning code is captioned "Non-Conforming Uses" and subsection A pertains to the enlargement of such a use. The Board should note that the application was prepared by Mr. Gasser's attorneys and signed by Mr. Gasser. Thus, Mr. Gasser's statement that "neither I nor my attorney made such a claim to the ZBA" is erroneous. In the final analysis, the issue of a non-conforming use is a non-issue as it relates to the matter before this Board because the museum came into existence after Mr. Gasser's purchase and it was at that time not a permitted use as it remains today. Paragraph #11 of Mr. Gasser's response makes assumptions that are not supported by the record or the law. Mr. Gasser states that the "ZBA does not want to be involved until the use matter before this Board is resolved". In fact, the ZBA cannot be involved until the "use matter before this Board is resolved" because the ZBA's statutory authority is limited. The ZBA is not a legislative body. It could not, and cannot, make legal what is and has been an illegal use at Mr. Gasser's property. Mr. Gasser additionally in paragraph #11 counters the opposition papers with regard to the site plan by stating that the "record reflects my site plan application is pending and I am pursuinq it by my application to this Board". (Emphasis added). Site plan approval before the Planning Board cannot be pursued by a request for a zone change to this Board. The fact that the site plan request has never been withdrawn does not connote that it is "pending". The matter of site plan approval would not come before The Planning Board unless: (1) this Board grants a zone change and thereafter (2) the ZBA grants variances from, at the very least, the set back and height requirements of the code and the requirements that a museum be totally enclosed in a building. Mr. Gasser in paragraph #12 of his response contends that the Planning Board's memorandum to the Town Clerk regarding his application cannot be construed as opposition to his request. Mr. Gasser believes that the Planning Board "merely suggested that a study of the zoning pattern of the Mattituck business district would be necessary before the [Planning] Board could render an opinion". Attached as Exhibit 2 is the Planning Board's memo of August 18, 1992. This Board should note that the Planning Board reiterates the history of this site and its many and varied violations of the code and in conclusion states that "the request before the Town, if granted, could be considered spot zoning unless supported by an in-depth study of the zoning pattern in this business district". Opponents do not believe that this statement by the Planning Board can be construed as anything less than opposition to the granting of the application. Comprehensive planning is the only legitimate basis for zoning enactments or amendments. The Planning Board in advising that such planning has not occurred as required, cam only be advising that to grant this application could subject the Town to possible litigation based on spot zoning. That statement can only be construed as opposition to the petition since to infer the contrary is to believe the Planning Board approves of an act that violates the law and is making such a recommendation to this Board. CONCLUSION Despite protestations to the contrary, that the applicant purchased the property existing zoning law, otherwise why was Mr. it is opponents belief with knowledge of the Gasser seeking advice from the ZBA. After purchase he proceeded to establish a use that was not permitted by the code and continues to violate the code to date. Applicant has found that it is possible to avoid compliance by claiming ignorance after the fact. This applicant has shown a complete disregard for the law and the improper uses continue to exist without fine or penalty despite multiple violations of the zoning code. The application before this board seeks to change the zoning of one parcel at which an illegal use has been established for no other reason than it already exists. According to this Board's own consultant Cramer, Voorhis & Associates, the proposed action will conflict with officially adopted plans or goals for the Town of Southold and probably even more importantly the proposed action will set an important precedent for future projects. The publicity that has unfortunately followed this request will undoubtedly accompany any decision by this Board. If this Board approves the zone change, it will be signalling present and future residents of the Town that the way to circumvent the code is to merely do as one pleases and thereafter seek approval on the basis of prior existence. The application before this Board should be denied. Respectfully submitted, MARIE ONGIONI Attorney for Opponents Frank and Diane Ammirati By: Carmela L. Borrelli EXHIBIT 1 TOWN OF $OUTHOtD, NE'W yoIl.~ APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE ............................ TO THE ZONING BOARD OF APPEALS. TOWN OF SOUTHOLD, N Y. x ~,,x'o/~',~x ~HER ICAt[..AP,,~!gLJR£D.. EDUNDA-T I DN ,.. lNG! ..Z~,82..F i. f.t.h ..Avenue ...................................... Name o! Appellon! Street and Number Ronkonkoma .......................... !l.e.~..Y..g.[k .......... HEREBY APPEAL TO Municipality Stale THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ........................... DATED. 1.2/J.Z/91 .............................. WHEREBY THE BUILDING INSPECTOR DENIED TO ( ( ) (X) Nome of Applicant for permd o! 2382 Fi fth Avenue Ronkankoma Pew York Slreet and Number Municipality SIDle PERMIT TO USE PERMIT FOR OCCUPANCY PERI'~IT to maintain a 25 foot 8' by 8' accessory structure. I LOCATION OF THE PROPERTY L~Ye .L~ne/!.l.i.d.~.].e...?.o.¢..~J...g.,.~,.~.Z...L]./..R.o, .............................. Slreel /Hamlet / Use District on Zonir~ MaD District 1000 Section140 Block2 Lot 16 .................................................................... : ........ £urrent Owner William I~as~er Map No Lot No. Prior Owner 2 PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- sechor and Paragraph of ~he Zomng Ord,nonce by number Do not quote the Ordinance) ArticleXXIV Section 100-241A Article ×IV section 100-t~2 3 (X ( (~ TYPE OF APPEAL Appeal is made herew,th for (please check appropriate box) A VARIANCE to the Zoning Ordin. once or Zoning Map A VARIANCE 6ua to lack of access IState of New York Town Low Chop 62 Cons Laws Arl 16 Sec 280A Subsechon 3 Variance pursuant to correspondence daLed r?°/?l from Plannino Board 4 PREVIOUS APPEAL A pre'-',ous appeal (hosl (has nol) been mode with respect to this decision of the Building Inspector or wdh respect to th,s I)roperty Such cppeal ~os ( I request [or a special permit ( ) request for o variance and was mode m Appeal No ........................ Doled .................................................................... REASON FOR APPEAL ) A Variance Io Section 250A Subsechon 3 X) A Var,ante to lhe Zoning Ordinance ) mS requested for the reason that Applicant wishes to maintain the tower at its current location. ~orm Z~] (Continue on other side) JASON I=OR APPEAL Conhnut~:~l 1 STRICT APPLICATION OF THE ORDII'JANCE ',',auld produce prachcal dilficulhes or unneces- scrv HARDSHIP because the placement of the structure at any other loc]tiaa upon the property would cause practical difficulties and unnecessary hardship to the applicant. The tower is necessarily secured into the ground. The tanks on the property mre moved and rearranged from time to time. For this reason and because of the odd shape of the lot with widths of only fifty and sixty feet, the placement of the tower at another spot would create difficulties_ Po place the tower at any other location would hinder the movement of the displays. 2 The hordsh,p created ,s Uh~IQUE and is not skored by oll oroperhes ohke ~n the immediate v,c~n~v ot this property and in this use district because it is the only American Armoured Museum ia Southold. The type of displays at such a Museum are necessarily large. Because the size of the displays and the fact that the displays change and must be moved from time to time makes the situation different and unique even from other types of museoms. The Planning Board is requiring as part of its site plan review that a wood stockade fence or its equivalent be used all around the property except the south side. Presently, there exists an 8 foot fence with barbed wire on the top which in effect has compromised the front yard in any event. 3 T~e ¥cr,cnre would observe the spir,I of the Ord,ncnce and ~OULD NOT CHANGE THE C:'ARACTER OF THE DISTRICT because It is a commercial/business/industrial area. ~e South side of the premises border the Long Island Railroad. Located a short distance from the tower at issue a~e two railroad/street crossing towers with clanging bells and flashing lights. An area used as a municipal parkln~ lot and the qattituck LIRR stop is across Love Lane and just South of the premises. ~e p~emises are part of F?attituk's commercial Love Lane area, ~Iany of the bul]dinzs in this area not only front right onto the sidewalk of Love Lane but are also higher than twenty-five fe~t_ As part of the site plan review, the Planning Board has requested screeing be placed around the property with the exception of the south side facing the L,I.R.R. STATE CF NE,v YORK ) ) ss COUNTY OF SUFFOI. K ) Februa~ .............................. 19 92 TO. BOARDOF APPEALS, TOWN OF SOUTHOLD F~',3 ,! L In the Mattel or the Petition of : AY~RICAN ARMOURF. D FOUIIDATION. INC. _ : the Board of Appeals o[ Ihe Town o[ Southold : NOTICE TO ADJACENT PROPERTY ONNER YOU ARE HEREBY GIVEN NOI'ICE: 1. That ir ,s Ihe imention of the undersigned to petition the Board hi' Appeals of the Town of $outhold to requesraC~J~(Special Exception)~Special Permit) (Other) [circle choicel To allow a tower in the front yard. ]_ 2. That the propert.~ which Is the subject of the Petition is located adiacem lo your property and is cribed as follou, s ~'~ Thai the propert~ which ,s the subiect of such Petition is located in the follow,no zonlnR district: J~ _~3_L [ nd. ~.t.r~a ]. -1 'Jha~ bt ,u,h Pelu,on. Ihe uoder,~,ned will request the following relief' permission to maintain _£~t/M~k ~Zemo~i~k~Jowe~i: the_pr~mi~ $ lhai the provisions of lhe 5outnold Town Zoning Code applicable ~o the relief ~ou~,ht by ti~e under- signed are Art=cle XX[V ~on~~Articl~ sect[~J0O-lq2 _ [ ] Section 2B0-A, New ~ork Town Law for approval of access over right(s)-of-way, 6 Thai ~.lhln fi~e da~s from the dale hereof, a wrillen Pel~l~on r~ques[ing the relief specified above witJ filedin ~he SoulhoJd To~n Clerk's Office a~ Main Road 5oulhoJd. New York and you ma) lhen and there ex,mine lhe same durmg regular office hour5 (516) 7~5-1809. Board of Appeals. that a notice of SUCh he.~rm~ must be published ar least five days p~lor lO the date of such hearing in the Suffolk Times and in the Long Island Traveler Mauituck Watchman. newspapers published in the Town of Southold and designated for the publication of such notices, that you or your representative have the right to appear and be heard at such hearing. Da~ed'February 1992 AHERICAII ARt.'~URED FoUrIDATIO., Pet,lioner WILL[AH GASSER President Owners 'Names: Pos~ Office Address ~SZ Fifth 2ve~ Ronkonkoma, N_V. 11779 Te 1 . No- ( W[CK~I, WZCK}bLH & BRESSLER, P.C. Attorneys for Petitiooer Main Ro~d - P_O. Box 1424 ~t tituck, N.Y. ]1952 sho~n9 propo~16~o2~'3~%~ac~ed for convenience [Copy of sketch or plan purposes.] Appendix[ C SI;ate Environment=l Quality Review SHORT EHVIRONMEHTAL ASSESShlEHT FORM Fa' UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be comoleled by AOOlicant or Proiect $1:)onsort I. A.PPLIC~NT /~tmONSOR 2. PROJECT NAME AM~T£a,N ARMOURFD F~UNDAT[O~I. U[C. AHERICA~I A~MOU~ED MUSEUM ~un~c~om~?M~tfihmk in th~ Town of Southold Cou,, Suffolk Love Lane/Middle Road C.R. 27 at Mattituck SeTH 1000/140/2/16 P.O.W. - M.I,A. Memorial Tower ~.i,i..v R' hv R' 8' by 8' Planning Board for the Town of Southold If Ihe aclion is in the Coaslal A[ea. and you are a slate agency, complele the Coastal Assessmenl Fo~m before proceeding wilh Ihis assessrnenl OVER $ (Continued. on reverse s£de) (b) Xg a~y question has been answered Yes the pcoject may be sig- (¢] IF all questions have been ansuered No it is likely that the pro~ecc is hOC signz~£cin=. 1. Will project result In a large 9hysical change than fO acres of land? Will there be a major change to any unique or IS. Ye~ X ~o × No American Armoured Foundation, Inc.o,~te: 9. Will pEoject adversely impact any site or struct- WL[I project result in major traffic probJcms 12. Will prelect regularly cause objectionable odo~s, 13. Will project have any impact on public health ac safety? ~Ye Please complete, sign and return to the office of tho Board of Appeals with your completed application forms. If "Yes" is answered to any questions below, please be sure to depict these areas on 'four sur'/e¥ (or certified sketch), to scale, and submit otter su~portLng documenta- tion. ~ 1. Are there any proposals to chang~ or alter land contours? 2.a)Are there any areas which contain wetland grasses? (Attached is a list of the wetland grasses defined by Town Code, Ch. 97 for your reference.) b)Are there any areas open to a water%ray without bulkhead? 3. Are there existing structures at or below ground lever, such as patios, foundations, etc? Are there any existing or proposed fences, concrete barriers, deckS, otc? If project is proposed for an accessory building or structure, is total height at more than 18 feet above average ground level? State total: ~ ~t. Yes ~ Yes Yes s~' No If project is proposed for principal building or structure, is total height at more than 35 feet above average ground Level? State total: ft. Yes 7. Are there other premises under your ownership abutting this parcel? If yes, please submit copy of deed. Are there any building permits pending on this parcel (or abutting land under your ownership, if any)? State Permi~ ~ and Nature: Yes C Yes N~__~, Do state whether or not applications are. pending concerning these premises before any other department or agency (State, Town, County, Village, etc.) : Planning Board (.~_e? No Town Board Yes Town Trustees YesNN~.~o'INn,: County Health Department Yes Village of Gre~nport Yes N.Y.S.D.E.C. Yes Other Yes 10. Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale. (from cQnt~act) Yes N~O" 11. Is new construction proposed in the area of contours at 5 feet or less as exists? 12. Yes If new construction is proposed in an area within 75 feet of wetland grasses, or land area at an eleva- tion of five feet or less above mean sea level, have you made application to the Town Trustees for an inspection for possible waiver or permit under the requirements of Ch. 97 of the Town Code? Yes No 13. Please list present use or operations conducted upon the sUbject property at this time and proposed ]0% ~ 5 5 ~p]- Please submit photographs [or the recorG. I certify that the above statements are true and are being submitted for reliance by the ~oard of AppeaLs in considering my application. WICKHAM, W~CKHAM i BRESSLER, P.C_ 1/88 [Copy of skeLch purposes, ] or plan showing p ro p o s ~16~ o29~'8~c a c he d Attorneys for Petitiouer Hain Road - P.O. Box l&24 bMttituck, N.Y. 11952 for convenience EXHIBIT 2 pI..\NNIN(; D()ARD b. lE,'ktJ~lLR~ [:lennelf Orh~w~ki..Ir , Ck'or~c RilcJlie [.~lJl;llJl. Jr. Rich:~ld (; ~,l;.k S Nlcl)on;iJd Kcnnelh [. Ed~'ard~ I)LANNIN(; BO^RI) OFFICE TOWN OF $OUTIIOI D $C()19'1. IIARR[$ Fl:ill. 9]0c)9 b. lain R(~: P () Jtux 117q .(~l.HJtoJd. New YI)rk 11071 A,,gust 18, 1992 Judith T. Terry, Town Clerk Town Hall Southold, New York 11971 Petition of William F. Gasser and The American Armoured Foundation, Inc. for a change of zone from Light Industrial & Residential Office to Ham]et Business $CTM ~ 1000-140-2-16 Dear Mrs. Terry; At its public meeting on August 17, 1992, the Planning Board adopted the following report: The Planning Board has reviewed the petition of William F. Gasser and The American Armoured Foundation, Inc. for a change of zone and offers the following observations and suggestions: DESCRIPTION The subject parcel is a split-zoned pa[cel of 32, 109 square feet in area. Approximately G0 by 150 ~eet or 9,000 square feet of the property is zoned Residential office. The remainder, 23, 109 square feet in zoned Light Industrial. The 54 by 120 foot corrugated metal building on the property lies within the LI zone, as does the 8 by 8 foot tower. HISTORY (as can be reconstructed from our records) It appears from the records at our disposal, that since its inception, (in either 1980 or 1981), this museum has been operating in violation of the Code. In 1988, the property owner was notified by the Ordi~ance Inspector that he was in violation of the Zoning Code. At that time, the part of the property that is now zoned for Residential Office was zoned "A" Residential/Agricultural. The part of the property that is now zoned Light Industrial was zoned "C" Industrial. A copy of the prior zoning map is attached for your convenience. The violations on the site under the old Code were as follows: The property owner had not obtained approval for a museum. (Unless there was a specific ruling or official interpretation of the Zoning Board of Appeals that stated otherwise, a museum was not an allowed use in either of those two zoning districts.) Also, the tower had been installed without a building permit. And, its height (20 to 25 feet) exceeded the eighteen feet permitted for accessory structures. In 1989, the Town adopted a new Zoning Code and Map. Under that Code, the museum is not a permitted use within the LI zone. But, it is permitted within the RO zone by Special Exception from the Zoning Board of Appeals. However, the museum building, the tower and about 72% of the property are located within the LI zone, not the RO zone. The tower height not only violates the Code's restrictions on accessory structures, but it lies within the required front yard setback. In 1991, an application was made for site plan approval. However, the Planning Board was required to notify Mr. Gasser that it could not proceed with the application because he had not obtained the necessary variances from the Zoning Board of Appeals. (The Code specifically prohibits the Planning Board from granting approval to site plans before the Zoning Board grants the necessary variances or Special Exceptions.) In August of 1991, an memorandum was circulated among Town departments that while the use of the property as a museum was not allowed by the Code, the use had been allowed to continue for many years. On December 20, 1991, a Disapproval Notice was issued which noted that the use is non-conforming. An application for variances was made by the applicant to the Zoning Board of Appeals in the spring of 1992. In March of 1992, the applicant's attorney informed us that the Zoning Board had returned the application to him for lack of information. In April of 1992, the applicant's attorney requested the assistance of the Town Attorney's office. In July, 1992, this petition was made for a change of zone from RO and LI to Hamlet Business. CONCLUSIOMS The Planning Board has reviewed the old and new zoning maps for the Mattituck Business District. The request before the Town, if granted, could be considered a spot zoning unless supported by an in-depth study of the zoning pattern in this business district. This Board feels strongly that the zoning designations of all lots in the immediate business district bear closer scrutiny. Consequently, we are asking to be a coordinating agency during the environmental review. Our recommendations as to the determination of environmental significance of this petition will be sent to you after we have had an opportunity to review the report of the Town Board's enviro~unental consultant on this petition. If you oould send us a copy of that report, it would be appreciated. This Board will also undertake its own study of the zoning pattern in this area in conjunction with'the environmental review. Sincerely, Bennett Orlowski, Jr. Chairman Encls. P.O. Box 218 Love Lane Mattituck, NY 11952 Town of Southold Ms. Judith Terry, Town Southold, NY 11971 Clerk Re: Tank Museum Hearing - Nov. 24, 1992 Dear Ms. Terry: RECEIVED NOV 2 3 lgg As the owner of property that borders on the Tank Museum (southeast corner of Route 48 and Love Lane) on Route 48, am opposed to the Tank Museum in Mattituck that faces on both Route 48 and Love Lane. I feel that the tower with gun and the tanks, many of them in rusted and deplorable condition, are a public eyesore. This "Museum" resembles a "tank junk yard" more than a museum. I do not like having to look out of my windows and see these tanks. I also object to people parking on Love Lane and at times blocking my driveway while they are either in the museum or looking at it through the fence. If we need a Tank Museum, I defintely do not think that the present location is the proper one. If Mattituck was not a proper place for MacDonalds, it is certainly not a proper place for a Rusty Tank Museum. The esthetic qualities of this so-called museum are NIL. I am opposed to having the zoning changed to permit the Tank Museum in its present location. Very truly yours, Irene Wells Hawkins A. Schlesinger P.O. Box 493 Laurel,, New York 11948 November 21,. 1992 suffolk Times Editorial 7785 Main Road Mattituck, N.Y. 11952 To The Editor; Department NOV g 4 lgg2 After reading about the Tank Museum hearing,. I am left with a few questions. First,. I would like to know why has it taken 10 years to request the zoning change? Was the property,, at the Cime of purchase out of compliance,. or (as it would seem), was the museum built without regard for our local laws? I thought we were supposed to build according to the zone,, not zone according to the building. I also do not understand why the town never demanded that the zoning law be enforced? I would think that the operators of the Tank Museum would want Co avoid drawing attention to 10 yea~s of ignoring town laws. I would also think the town board would blush with embarrassment at the way they have enforced those laws. I admit I do not like the idea of a Tank Museum,. however I realize that some people do. But does this one have to be downtown? Should it be the first sight visitors see when they arrive at the Mattituck Train Station? And isn't it a bit ridiculous to call .the. street Love Lane? If enough people do not want such a museum let's find it another home. One with room for parking,, that is less offensive and above all legal! I have great respect for our Armed Forces and for those who have served in them,, but does it make sense that those who £ought_Cokd~fen~ Q~[ lawQ sboul.d ~. honored with a museum Chat breaks them? Very truly your,s,, cc: Judith Terry,. Town Board LAW OFFICES OF MARIE ONGIONI Nove~tber 20, 1992 Ms. Judith Terry, Town Clerk Town Hall P. O. Box 1179 53095 Main Road Southold, New York 11971 RE I¥ 'D fl0V 2 3 1992 Re: Petition for Zone Change William F. Gasser - Love Lane Dear Ms. Terry: I am in receipt of the applicant's response to the opposition of our client's which was submitted to the Town Board on Tuesday, November 10. It is my understanding that the Town Clerk's office also received the response today, November 19th. According to the Board's determination at the Public Hearing on this matter, Mr. Gasser had seven (7) days, or until November 17th, within which to respond to the opposition and our clients in turn have seven (7) days, or until November 24th, within which to reply to that response. Mr. Gasser's affidavit in response was therefore untimely filed with your office some two days after it was due thus depriving the objectants of the full reply period. Despite the fact that we will be preparing,a reply in behalf of our clients, we strenuously object to the acceptance and/or consideration of the applicant's response as it was not submitted within The time provided by the Board. We respectfully request that the response be returned to the applicant as untimely filed and that its contents not be considered in the Board's determination. Very truly yours, MARIE ONGIONI Carmela L. Borrelli cc: Daniel C. Ross, Esq. LAW OFFICES WICKHAM, WICKHAM ES BIRESSLER. P.C HAiN ROAD. P 0 BOM i4~4 i~IATTITUCI~. LONG ISLAND November 17, 1992 Town of Southold Town Hall P.O. Box 1179 53095 Main Road Southold, New York 11971 RECEIVED NOV 1 .Ront'l~olA T .....~"1.,..I.- Attention: Ms. Judith Terry, Town Clerk Re.: Petition of William F. Gasser end The American Armoured Foundation, Dear Ms. Terry: Pursuant to the Town Board's direction enclosed please find the applicant's response to the Ammirati opposition together with an affidavit of service. The original signature page will be forwarded when received. Also enclosed are the original letters from Raymond Nine and ~athy Simicich, copies of which were presented to the board at the hearing. DCR:ic Enclosures cc: ~arie Ongioni, Esq. Enclosed is correspondence dated September 8, 1986 from the Internal Revenue Service relative to the apolicant's status as a section 501 Corporation. lettersv/gasstown STATE OF NEW YORK TOWN OF SOUTHOLD In the Matter of the Petition of WILLIAM F. GASSER and the AMERICAN ARMOURED FOUNDATION, INC., For an Amendment to the Southold Town Zoning Code and the Southold Town Zoning Map for the Town of Southold, Suffolk County, New York STATE OF NEW YORK) )ss. COUNTY OF SUFFOLK) WILLIAM F. GASSER, AFFIDAVIT being duly sworn deposes and says: 1. I am one of the petitioners for the subject zone change and submit this affidavit in further support of my application and in response to the Amu~irati opposition. 2. In September of 1981 I purchased the real property which is the subject of my zone change petition. Prior to the purchase of the property I attempted to learn from the Town what steps, if any, would need to be taken to establish the Museum. I sought an informal opinion from the Town ZBA but did not receive a response the night I appeared at the ZBA meeting. I proceeded with the purchase inasmuch as the property was mostly zoned (approximately 70%) commercial. I was advised the property had previously been used for storage of large vehicles and just prior to my purchase it was used as storage for a lumber yard. 3. I operated the Museum from 1981 to 1988 with no problem. By correspondence dated September 20, 1988 the Ordinance Inspector indicated I needed site plan approval for that portion of the The specific complaints were also property zoned "A Residential". listed but there was no suggestion the use of the commercially zoned portion of the premises was in violation of the zoning for that property. As the record reflects I responded to the Town's September 20, 1988 correspondence through my attorney by correspondence dated October 24, 1988. 4. Ms. Ongioni's "Memorandum" is as interesting in the assumptions that it makes as it is in the parts of the records it omits. While placing before the Town Board the Building Inspector's January 9, 1989 memorandum to Planning Board Chairman Bennett Orlowski the opposition fails to submit the Planning Board's December 20, 1988 correspondence referred to therein. The December 20, 1988 correspondence which is annexed hereto as Exhibit A states "a site plan is not required". However, even in the face of the ZBA's notes and the December 20, 1988 correspondence the ~mmiratis have represented to this Board in their Memorandum that "He was advised that the Board could not property into a museum" (sic). The fact is I was not so advised and the whole record, including those parts left out by the A~miratis, show that the Town indicated to me from 1981 to 1988 that my use of the commercially zoned property was consistent with the zoning. 5. The Ammiratis state that because a real estate broker was involved in the sale "it is fair to assume" I was aware my use of the property was not a permitted use. I submit such an assumption is not fair and the unfairness is clear from a review of the documents in the Town's possession relating to this matter. I do not concede my use of the property was not permitted under the prior Zoning Code and certainly the use of the property for storage was pre-existing. In any event, as the record reflects I have acquiesced in every request by the Town including the suggestion to apply for a zone change. 6. By correspondence dated March 25, 1991 (Exhibit 10 to Ammiratis' Memorandum) the Town indicated site plan approval was required. Again, my actual use of the property vis-a-vis zoning was not questioned at that time and it should be noted that between the December, 1988 correspondence and the March 25, 1991 correspondence the Town had enacted a new zoning code. The commercial area of the property had been zoned Light Industrial and the residential portion was rezoned Residential-Office. The Town's new Zoning Code was enacted while the Museum was in operation. 7. In response to the Town's March 25, 1991 correspondence, I applied for site plan approval. My application was submitted ir April of 1991. The Planning Board responded by correspondence dated August 28, 1991 (Exhibit B) wherein I was directed to make additions to the map and apply to the ZBA for a variance "for the placement of an accessory structure (tower) within the required front yard ...". As is apparent, as late as August of 1991 there was no suggestion a use variance or a change of zone was necessary. In response to the August, 1991 Planning Board correspondence I submitted an application to the Town ZBA. The ZBA responded with correspondence dated February 25, 1992 wherein the ZBA requests numerous items. 8. Based on the February 25, 1992 ZBA correspondence, the Am~iratis assert I "apparently" claimed to the ZBA that my use of the property was a pre-existing non-conforming use. How they came to that conclusion is unclear to me. The ZBA file will reflect that neither I nor my attorney made such a claim to the ZBA. This is not to suggest my use of the property is not a pre-existing non-conforming use and in fact the use is a pre-existing non- conforming use. However, that is not the issue here nor was such a representation to the ZBA necessary where my application, as directed by the Planning Board, was simply for a variance to place an accessory structure in the front yard. The ZBA application did not require that I establish the use of the property as a pre- existing non-conforming use and neither does this zone change application. Apparently, the ZBA wanted the issue clarified as indicated by their February 25, 1992 correspondence (Ammiratis' Exhibit 14). 9. Thereafter, I was advised by my attorney that in late March, 1991 the Town suggested I request a meeting with the various Town Departments to discuss matters. As suggested, my attorney made the conference request to the Town by correspondence dated April 1, 1992 (exhibit C) and advised the ZBA of same (exhibit D). In response, my attorney received correspondence from the ZBA apparently incorrectly dated March 31, 1992 (exhibit E) and correspondence dated April 15, 1992 from the Town Attorney (exhibit F) informing of the Town's intention to sue me in the Supreme Court. 10. Upon receipt of the Town Attorney's April 15, 1992 correspondence I was advised of my options. The first was to invite the suit and raise the pre-existing non-conforming use as a defense. The second option was to make the application for a zone change, without prejudice, and attempt to avoid the litigation in the first instance. I choose the second option. By correspondence dated April 22, 1992 (exhibit G) from my attorney to the Town Attorney I stated my intention to file the zone change application without prejudice to my position that the use was a pre-existing non-conforming use. To reiterate, it is my position that my use of the property is a pre-existing non-conforming use. I am proceeding before this Board in response to the Town's April 15, 1992 correspondence in an attempt to avoid litigation. In that spirit it was net and is not my intent to present my case with respect to the pre-existing nature of the use but to demonstrate the logic and benefit to the community that will be gained by the change of zone. 11. As for the final paragraph of the Ammiratis' "Statement of Facts" it is as misleading as the Memorandum is in general. The Ammiratis suggest the ZBA application was never renewed. As is apparent from the ZBA's March 31, 1992 correspondence (exhibit E) the ZBA does not want to be involved until the use matter before this Board is resolved. The Ammiratis also assert my site plan application is not being pursued. As the record reflects my site plan application is pending and I am pursuing it Dy my application to this Board. 12. That section of Ammirati Memorandum addressed to the purported spot zoning nature of the petition begins with a misstatement. In an attempt to give some authority to their position the Ammiratis state the Planning Board is opposed to the zone change. That is simply not true. The Planning Board merely suggested that a study of the zoning pattern of the Mattituck business district would be necessary before the Board could render an opinion. Inasmuch as this Board declared itself lead agency it is apparent this Board felt a more deliberate approach to the specific issue here was required. 13. With respect to the A~mirati spot zoning allegations, if "spot-zoning" means what common usage of the words suggest, my petition certainly does not lend itself to spot zoning claims. A review of the map shows there is HB zoned property on two sides, Light Industrial to the East and Business zoned property to the North. Simply put, the granting of my petition would not be spot zoning. W~EREFORE, it is requested my petition be granted. Sworn to before me on this ~ ~ date of ~6t~r¥/T~blic , 1992 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 20, 1988 John P. A. Marcin 115 Atlantic Avenue Hempstead, New York 11550 RE: American Armoured Foundation Inc. Museum SCTM ~1000-140-2-16 Dear Mr. Marcin: The Planning Board reviewed your correspondence dated October 24, 1988. A site plan is not required unless a structure is being added to the site. It is not clear from the letter what structure (s) is being proposed. If you have any further questions, please do not hesitate to contact this office. Very truly yours, BENNETT ORLOWSKI, Jr. CHAIRMAN cc: Vincent R. Wieczorek, Building Department VS/jt PLANNI.~G B(')AI(I) OFFICE TO~'N OF SOUTI~OLr) -'[lli_c:, F. Gasser .~3 Fifth Avenue Ronko~,koff, a, Ncw ',', 11779 Prup~.~gd S:rc Flan ~,_u .,~rli~£J~n Armo'~cd f'oundat~on, N,/F,/c LIPJ{ Eight o£ & Lgvc bane, MatLir~Jck. SCTM # 1000 140-2-~6 ~oning: EO O£f~cc ~nd L[ (Light Inddsrrial] Wc find that befc:e w~ cml~ pzoc~_~d, LL will ~e fo; ~ho pl~ccment of ~n ac.r~sor~ struGc~re (tower ~cquire~ /~,Dnt yard ~ct~ck in Ene L~ district. Thc Bc,ard also ~a t-h,::iL the [oiicw£ng infoz-.-narion Do shown i. A plan for c.)mplete v~$u~] scre~niug of %:he $?ro[~erty. Thi~ can De accomplished Dy the placement o~ a wood ~ck~de £enc~ or landscaping (or a combinacl0n o~ same; around the perimeter of ~he pt'oper~y. The l~catLon of Lh~ zunLng distLicc linc that pzoperty; and i~encificacion o~ each district. . A notation th~: a si~n wLll bc plac~d aL the enLrancc 'lpon [cccipt of revised plans and ~ variance from ~on~ng Board of App~I~, t~i~ Boa,d wll] be able LO p~ocee~ with yDu~ ap~licatfon_ In o~'d~r ~o apply to the Board o£ Appeals~ ~ou will need t~ apU1y to thc Building Deparrn.e:lt for a D~ildlng per,,it for ~he tower. if [~r~her questions ~holli. d mI'isE, please co~tact Lhl$ Very t~u!y yours, Bennett: O[[owski, ~r. Chairman '.'oc5ou i,essard, F~incipa! Building Inspector '.'~ncen= R. Wieczoruk, O~d~nuncu ]nspecto~ Harvey Arnof£, Town Attorney Ccrard P. Gochringer, Chairman, Zoning B~a~ of Appeals WICKHAM, WICKHAM 8, BRESSLER, P c April 1, 1992 Town of Southold P.O. Box 1179 Southold, New York 11971 Attention: Harvey Arnoff, Esq. Matthew Kiernan, Esq. Re: American Armoured Foundation, Inc. SCTM No.1000/140/2/16 Gentlemen: As you suggested, this is to request a conference to discuss the referenced property. We are available at your convenience. As indicated below there are applications pending before the Planning and Zoning Boards so it may be advisable to include a staff member from those Boards. Pursuant to the Planning Board and/or Building Department's request, an application for site plan approval with respect to the premises was made to the Planning Board where it is currently pending. Pursuant to the Planning Board's direction, an application was made to the ZBA from a Building Department Notice of Disapproval dated December 20, 1991. The application to the ZBA was returned with correspondence dated March 26, 1992 because we have not provided information requested by the ZBA. We are in the process of assembling the requested information. DCR:vm WICK. HAM, WICKHAM & BRESSLER. F'C. April 2, 1992 Board of Appeals Town of Southold P.O. Box 1179 Southold, New York 11971 Attention: Gerard P. Goehringer, Chairman Re: A~erican Armoured Foundation, Inc. SCTM No.1000/140/2/16 Dear Mr. Goehringer: This will acknowledge your corespondence of March 26, 1992 regarding the referenced variance request. We are continuing our efforts to assemble the information requested in your correspondence of February 25, 1992and will re- submit the variance application when the package is complete. As the enclosed correspondence indicates, we have requested a meeting with Messrs. Arnoff and Kiernan to discuss this matter further. DCR:vm gasgoer76 D APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (51~6) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-}.823 Telephone (516) 765-1800 14acch 31, 1992 Daniel C. Ross. Esq. Wickham, Wickham & Bressler, Main Road, Box 1424 Mattituck, NY 11952 P.Co Re: Your Request to Meet with ZBA and PB Concerning Outstanding Violation and/or Complaint Against Gasser Parcel E/s Love Lane and S/s C.R. 48, Mattituck (1000-140-2-16) Dear Mr. Ross: I have reviewed your letter requesting a conference with town departments. As you may not know, our office has not been involved with complaints filed against Mr. Gasser's property at Love Lane, Mattituck. However, in reviewing the Planning Board file, it appears that complaints have been made through their office and the Building Inspector. Also, you will note that the Z.B.A. does not have an application on file at this time. It is apparent that you have legal issues or legal questions which may affect enforcement or steps to possibly resolve violation complaints, and any conferences for town departments and staff on such matters must be at the direction of our Town Attorney. You should feel free to discuss this matter with Mr. Arnoff if there is a jurisdictional problem. Very truly yours, CHAI RMJtN lk CC: Planning Board Building Department Town Attorneys WICKHAI~I, WICKHANI 8, BRESSLER, ~c April 22, 1992 Office of the Town Attorney Town of Southold P.O. Box 1179 Southold, N.Y. 11971 Attention: Harvey A. Arnoff, Esq. Re: American Armoured Foundation, Inc. Dear Mr. Arnoff: This is further to my correspondence of April 1, 1992 and will acknowledge your correspondence of April 15, 1992. I was looking forward to the scheduled May 28, 1992 meeting and intended at that time to submit, as suggested, and without prejudice, an application for a zone change. In response to your request for a plan, set forth below is what is intended with respect to the pending application before the Planning Board, the rejected application to the ZBA and the planned zone change application. I suggest the Site Plan Application before the Planning Board be put on hold until the zone change application is considered. However, the Planning Board last directed the applicant to get variances. We intended to proceed and complete the ZBA application in accordance with the ZBA's February 25, 1992 correspondence. However, this does not seem like an orderly approach while a zone change application is pending. Consequently, I suggest, with the Planning Board's approval, the variance and site plan applications be put on hold until the zone change application is considered. We will await your advice reg~ EXI~IBI,'[ ~ HARVEY A. ARNOFF Town AIIomey MA'I-FHEW G. KIERNAN Assislanl Town Auorney OFFICE OF THE TOWN ATTORNEY TOWN OF $OUTHOLD SCO'FF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Soulhold, New York 11971 Fax (516) 765-1823 Telephone (5161 765-1800 April 15. 1992 Daniel C. Ross. Esq. Wickham, Wickham & Bressler Main Road P.O. Box 1424 Mattituck, New York 11952 Re: American Armoured Foundation, Inc. Dear Mr. Ross: Having discussed this matter at length with representatives of the various boards, it is felt that at this particular time a meeting between yourself, your client and this office would not be propitious. Rather, this letter shall advise that you must have in my office within fourteen 114) days of the date of this letter a plan as to precisely what actions you and/or your client intend to take in order to legalize {if possible) the activity taking place on the subject premises and any questions you may have and how that might best be accomplished. I will then attempt to secure from the applicable departments {Building, Planning and Zoning) their input, if needed, so that any steps that may be taken on your clients behalf will be orderly and expeditious. HAA:mIs cc: Building Department Planning Board Zoning Board of Appeals I do not wish for you to construe this letter as being either approving or disapproving of your clients activities but rather, a statement of my present interpretation of what is going on, I would like to further advise that I stand firm in my former resolve that unless some affirmative action is taken within the confines of this letter, we will seek appropriate relief in the Supreme Court. I trust that will not be necessary. Very true/yours, Soulh, .: ~- .... rolo-I,r PL.ANNING BOARD MEMBERS Bennett Orlowski. Jr . Chairman George Rilchte [ alham. Jr. Richard G. Ward Mark S McDonald Kcnnc[h L Edward~ PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTI' L. HARRIS Supervisor Town Hall. 53095 Mare Rtmd P O. Bo~: I 179 Southllld. Ne'~ York 11971 Fax 15[t,I 765-1823 Au.gust 18, 1992 Judith T. Terry, Town Clerk Town Hall Southold, New York 11971 Re: Petition of William F. Gasser and The American Armoured Foundation, Inc. for a change of zone from Light Industrial & Residential Office to Hamlet Business SCTM 9 1000-140-2-16 Dear Mrs. Terry; At its public meeting on August 17, 1992, the Planning Board adopted the following report: The Planning Board has reviewed the petition of William F. Gasser and The American A~-moured Foundation, Inc. for a change of zone and offers the following observations and suggestions: DESCRIPTION The subject parcel is a split-zoned parcel of 32, 109 square feet in area. Approximately 60 by 150 feet or 9,000 square feet of the property is zoned Residential Office. The remainder, 23, 109 square feet in zoned Light Industrial. The 54 by 120 foot corrugated metal building on the property lies within the LI zone, as does the 8 by 8 foot tower. HISTORY (as can be reconstructed from our records) It appears from the records at our disposal, that since its inception, (in either 1980 or 1981), this museum has been operating in violation of the Code. In 1988, the property owner was notified by the Ordinance Inspector that he was in violation of the Zoning Code. At that time, the part of the property that is now zoned for Residential Office was zoned "A" Residential/Agricultural. The part of the property that is now zoned Light Industrial was zoned "C" Industrial. A copy of the prior zoning map is attached for your convenience. The violations on the site under the old Code were as follows: The property owner had not obtained approval for a museum. (Unless there was a specific ruling or official interpretation of the Zoning Board of Appeals that stated otherwise, a museum was not an allowed use in either of those two zoning districts.) Also, the tower had been installed without a building permit. And, its height (20 to 25 feet) exceeded the eighteen feet permitted for accessory structures. In 1989, the Town adopted a new Zoning Code and Map. Under that Code, the museum is not a permitted use within the LI zone. But, it is permitted within the RO zone by Special Exception from the Zoning Board of Appeals. However, the museum building, the tower and about 72% of the property are located within the LI zone, not the RO zone. The tower height not only violates the Code's restrictions on accessory structures, but it lies within the required front yard setback. In 1991, an application was made for site plan approval. However, the Planning Board was required to notify Mr. Gasser that it could not proceed with the application because he had not obtained the necessary variances from the Zoning Board of Appeals. (The Code specifically prohibits the Planning Board from granting approval to site plans before the Zoning Board grants the necessary variances or Special Exceptions.) In August of 1991, an memorandum was circulated among Town departments that while the use of the property as a museum was not allowed by the Code, the use had been allowed to continue for many years. On December 20, 1991, a Disapproval Notice was issued which noted that the use is non-conforming. An application for variances was made by the applicant to the Zoning Board of Appeals in the spring of 1992. In March of 1992, the applicant's attorney informed us that the Zoning Board had returned the application to him for lack of information. In April of 1992, the applicant's attorney requested the assistance of the Town Attorney's office. In July, 1992, this petition was made for a change of zone from RO and LI to Hamlet Business° CONCLUSIONS The Planning Board has reviewed the old and new zoning maps for the Mattituck Business District. The request before the Town, if granted, could be considered a spot zoning unless supported by an in-depth study of the zoning pattern in this business district. This Board feels strongly that the zoning designations of all lots in the immediate business district bear closer scrutiny. Consequently, we are asking to be a coordinating agency during the environmental review. Our recommendations as to the determination of environmental significance of this petition will be sent to you after we have had an opportunity to review the report of the Town Board's environmental consultant on this petition. If you could send us a copy of that report, it would be appreciated. This Board will also undertake its own study of zoning pattern in this area in conjunction with the environmental review. the Sincerely, Bennett Orlowski, Jr. Chairman Encls. NEW JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York I Itl71 Fax 1516~ 765-1823 Telephone (516} 705-18111 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON OCTOBER 6. 1992: WHEREAS, William F. Gasser and The American Armoured Foundation, Inc. has heretofore applied to the Southold Town Board for a change of zone on certain property located on the northeasterly side of Love Lane, Mattituck, from Light Industrial District ("LI") and Residential Office District ("Rd") to Hamlet Business District ("HB"); now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby declares itself lead agency in regard to the State Environmental Quality Review Act in the matter of the petition of William F. Gasser and The American Armoured Foundation, Inc.; and be it FURTHER RESOLVED that pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review) of the Environmental Conservation Law, the Town Board has determined that the proposed action will not have a significant effect on the environment and that a Draft Environmental Impact Statement need not be prepared; and be it FURTHER RESOLVED that this determination is issued in full consideration of the criteria for determination of significance contained in 6 NYCRR Part 617.11, the Long Environmental Assessment Form Parts I and II, and the following specific reasons: I. The proiect has been evaluated through a Long EAF Part III which discusses in detail environmental and planning aspects of the project. 2. The subject parcel does not exhibit environmental sensitivity in the traditional sense. Review of the Long EAF Part I as well as field inspection indicates that the site is suited for controlled development for the following reasons: soils are conducive to leaching, topography is flat, there is no significant vegetation, wetlands or wildlife habitat on site. 3. The proposed zoning would not generate a significant influx of people or traffic as compared to present zoning, nor would noise, aesthetic or visual resources be significantly adversely impacted. q. Land use and zoning issues are a local as opposed to a regional consideration, and measures are available to reduce impact upon the community. 5. The use would be subject to a site plan approval by the Planning Board if the zoning is changed to Hamlet Business ("HB") in accordance with Chapter 100- 91A of the Southold Town Code. udith T. Terry J Southold Town Clerk October 7. 1992 September 18, 1992 Ms. Judith T. Terry, Town Clerk Town of Sootho]d 53095 Main F:oad P.O. Box 1179 Southold, New York 11971 William F. Gasser and th~ American .~moured Foundatio~ Inc. Change of Zone, Mattituck RECI~IVED SEP 2 1 IG92 Dear Judy: We have completed review of the above ] oted change of zone petition. In order to conduct this review, we have field inspected the ubj¢ct site, reviewed and corrected tl:e Long EAF P:.rt I. and prepared a Long EAF Pa: ts II and Iii. We have also consulted information submitted in connection with the ap ~qication, as well~".s ~hc zonin~ code and Master Plan Update. Attached, please find the, ompleted Long t:Av Part I, I'~ and III, as well as a SEC!R D~cerm[nation of Siguifica. nce. a,$ always~ these ducuments are submi[ted [n Proart form for the Boards review an~ cons~dera~ on. It is sug[:sted tl~at the Board review these documents, and if there are further cons!d .rations we ',['auld be p!eased to amend documents or consult with the Board ~s necessa~ ;/. In review of the documents, you wdl f:nd .hat we are recommending a NegatLVe Declarauon for t Its act(on, du~ to toe f,mt tha~ ~. sues pnmardy revolve !oca[ zoning considerations. The site is not considered to be m~,ironmcntally sensiti, va. SEQR docs require consideration of land use and zonfng iss'~ es, as well as community impacts, therefore, we have included a section discussing these issu~ s. In summary, we feel that the "HB" district is suited to the 'LF' portion of the site; however :he c~an~e of tk.e "RO' part o,r the site to HB" would intrude rolo a residential area in a r; anner'w~ich could impact the communk¥. In addition, ti~is change would not be consistem vith recommendations of the Master Pfaff Upda. te., and would set a precedent for further a tion. The impact of the zone chan~e could be m]mmized through sitep',an review as requir, d under. Ch,~ter 100-91~ as well is restrictive covenants or buffers on the north par' of the s~te~ One udditiona! interesting factor noted tls a result of our review, ~ that the .equestcd Ifc, ton,me prohibits outdoor storage and r.:stricts height to 18 feel, therefore ,ddttional modifications of the current use ma)' be necessary to provide conformance. fu ' We thank you for the opportunity tO revu w thls petition, and would appreciate any r,ncr comments you may have. Please carl if) m have any questions. Very t r~at~,o~ s, '""Charles J. Voorhis, CE/,, AICP 54 2 NORTH COUNTRY ROAD, MtLLE~ PLACE, Nh' 13764 (516) 33:-1a. 55 LONG ENVIR(}~MENTAL ASSESSMEi' ~'T FORM PARTS I, Il AND Iii William F. Gasser and the American ,,M'moured Foundation, Inc. (Change of Zone) Love Lane Matdtuck, New York Prepared For: Prepared By: Town Board of the Town of $outhold Town }t3il, 5309.5 ,'X-lain Road P,O. Box 1179 Southo!d, New York 11971 Cromer, Voorhis & A.35ociales, Inc. 54 North Country Road Miller Place, New York 11764 Date: September 16, !992 C~^M~, V~ ~///'ASOC,A~S ENVIRO~'4MEN~"~.//~G CONS ULTANTS LONG EA~ PART III P.ge ! LONG..F.~NMENT4 l~ ~ ESSMENT ~ - P.~RT TI[ EVAi'_.UATION OF THE IM~ ~.,5N'¢~ ~E .IMP.4~T$ PROJECT William Gasser and the American &fmc ,,red Foundation, !nc. MChagge of Zone) atbtuck, New York LOCATION The site of the s. ubject application is loc~ ted on Love La-nc, on the nocth side of the Long Island Railroad, in Mattituck New York. APPLIC~.N~ Mr. William Gasser and :he American Armoured Foundation, Inc. 2383 Fifth Avenue Ronkonkoma, New York 11779 DATE September 15, 1992 INTRODUQTIQN The proposed project and the environmental character of t]:e project site is described in detail within the Long Environmental. Assess Gent Form (LEAl-') Pa~t I. The LE~ Part II, evaluates the pro~ect impacts and their magn rude. This yect~on of ;he LE~ is intended to provide addkional information on the impor~ .race of tko ~akts of the proposed ~ro~ect on the environment, 'n order to form the bash f ~r the adoptio~ of a de;erm~na'tion o~ ' significance. The LEAF Part III is urepared if one or nore impacts are considered as bein¢, potenlmll> 1,.rge as ment,heSm the LEAF Par, II. ,n ,n~: case o~ th~ propo~,cd prolect, antieipated impacts are considered smal.1 to mm ,crate, ho,,ve',~er, m order to prov'ide'the Town Board oi' the Tgwn of Sou thold w~th addi ,onal information per6ncnt to ,~his uro~eet for the consi,'lcration m making a determinafior of significance, [h~s Pert iii narrat/ve ~as been completed for several sm. all to modera;e ir ~pacts, identi~'ied in the Long Environmental Assessment F'orm Part IL Th~s Part tl1 addresst s in detail tka environmental and planning issues which are relevant to the subject applicat. Wil.~iam Gasser Change otZone Long Environmental A~s~,sment IVore. i ENW~RQNMENTAL ~ Impact on Growlh and Character ofCommunl y * The [,roposed action will conflic! w/th offi 'tall)' adopted pla~ or The $,~posed action will set aa important precedent fo~,'ture profects, ~e proposed action involves a request :~r.a chan~ ofzonh~g from the Town Board of the To~n o, 5oumold fa. ,h, contmue.d ope~ ~t~on ~ ~,e A~m.r~.~.., ~moure~ ~ ~useum, Inc. Althoulzh the action is a request for a char ~e of zoning and mu~t be considered in contex~ of use allowed by the requested zomng, it ~s ~mpor~aat to understand [he present use and histo~ of the she w~th regard to evaluation of impacts. The project involve~ a spl~t-zoned parc :! of 0.797 acres. The northern part of the s~te whh frontage on C.R. 48 comprises approxi nately 9,000 square feet of land and is zoned Residentia~ Office. The remainder of the s~te ( '.3,10~auare feeQ has frontage on Love ~ne, i~ adj,tcem the ~ng Island Railroad trac ;s (Llg~) and is zone0 L~ght~nd~strial. There is a 54 by 120 foot corrugated metal bail, lng and an 8 x8 fort ~ower, tanks and gravel parking, located on the Light Industrial zoned; omen of the s~te~ The [,resent zoning of the si~e requires r h~imum 1o~ areas.of 40,000 s~uare fee~ for the "LI" Light Induslr[al and 40,000 square fee' for the "RO" Res~dem/al Office zoning. The 'R-O Resident'a! Off'ce District is 'mended ~o pro~ect the ]and values o[re~'dent'al property on Main Road and allow non-resfdent ~I uses within its confines as envisioned the Town,or Southo[d Master Plan Updat~ Bec :~round Srud?s. The "L[" Light Industrial zoning ~ ~nte. nded Io provide an opportumty fo ~usinc~s anu (ndus:riul uses on smaller lots ~ban those appropriate uader."LIOLfght Indus. :ial Pa~k/Pianned offfce park", It f~ noted that the LI distr c~ al.o prohtb [s the museum ~se of ts, site. The ~equested zoning, "HB" Hamlet Bm ness, requires a n~inimum let area of 20,000 square feet ~ith m.mmum st0e yards o, ~5 ~aet. ~i~ z'on~ng district would allow museums and hbrarl~S as permitted uses wnhm ~h~ o.,t,,ct, and ~u[h us¢o are subject ,o s~te plan approval by the Planning Board. With regard to existing use and zoning, i is noted tsar ihe s~te bas been o~eratina violation of ~.he current zoning c!assification,~n ..... I the o~ner x~a~ nor f/ed of th~s s~tuatton m 1988 by the Ordinance Inspec?r,. At that time he s~[e was ~oned . present L[ ~om,:g oft~e so~th part ,,fthe Residen~ial/Agr[cuhural~nd C' Industrial. Tk~ - ' '~ '- ~ , site prohibits the museum, hoe. ever, thi~ use is ~ ermitted under the "RO" Residential Office d~tr,ct ff approved by a Spcmat Exception ot th x Zoning Board oLqppeals. Therefore, the sim is operaling without approval as a museum tnd the lower exceed5 the 18 foot m~mum height for an accesso~ structure. Review of t~e zoning map and field,inve :~arioa of the a.rea indicates that t requested zoning w~]l cauqe an intruqon in,o a t 's~dentia area ('RO" ~esidcntia~ d~smct)' ' to the wesl and e~s~' of.t~e~or,hera. Ha~le°"[~°n' of the s'~lte.'In_addimn..:"~: of t~e site is shown to be Hamlet Business and t ~e present "gO" parr of the site is proposed E TANTS P;~ge 3 William Oa~,scr Change ol'Zone Long Envlronm~.nlul Assessment Form to remain Residential Office. The change of zone for th, "Lr' Light In ]ustrlal part of the site to "HB" Hamlet Bus{ness is not expected to have a significant ir pact upon the community. The change of industrial zoning to hamlet businessls fecal{nit '.d as a natural extension of The existing Love Lane Business area. The c~ange of z~one will a tow for t!ie continuation of the museum in an ,area where it was previously prohibitgd and as '. result ~ould not compromi.~.e the zoning integrity of the community. If the overall parcel were retorted to Iq l', the business dlstrict would intrude into the "Rd" zone. The "Rd" zone adjacent the site cc ~taqns resid,ntial dw¢!!ings in conformance with zoning, therefore, the location of business ~ses in this area would cause ¢oten,,tial land use conflict. If ~fulI ch~ ange of zone for the sulc ject parcel i~ grantedLthe goals of Rd" Residential Offi.~e zoning designation of the su',ject site wouB not b.. re,fized. Taus the Iqamlet Buslness zoning m the "Rd" Residenti~ [Office pardon of the site is out of character with adjacent land use and is expected to cause an impact on the immediately surroundh~g community, as well as the area. The action, if .ppro~'ed, would set a precedent for other future a.t,ons, thereby uno .rmm,ng the mteg.i / of t,o zoning patter..s tn th~s sectton of the Town. Thisprecedent may promote, the exp3.n:' ion of the Lave'Lane Business District [rom County Road48 to Sound Avenue. This po.qs~b e expansion ,.,~ould net con[arm to the intention of the "Rd" zoning or the Master Plat for providing a transition area between the bus~ness and Iow-density residential and limite( nodresiden(a d:ve opment along major roads. It is ,.Isa noted that if the change of zorn is p:ranted the museum would still not conform completely v. ith zoning. The Hamlet ! lusl'.n, ess zoning states tha~ "all uses permitted in the 'HB' Hamlet Business district, including'he &sglay andsale of merchandise and the storage of all property, except h,,mg plants shrt b, andtr,~,s, shad be confined to fuhy enclo?d building on the premises", thus ~he au door storaee of the tanks would not be permmed u ~der the req~ ested zonlne. If the z~ ne chance'is ,,ranted the use would be subject to silo plan approval by the PYanning Bt ord. * o · , ·. .The LonI~,EAF. Pa. rt II, is intended t9 co ,sider the impact, then determine available .mmgatlon as.wen as tl~e tmportan?e of the ~mp; ct, based upon certain criteria. Specific ~mpacts, considered above involve tssues of Imp .ct on the Community. This discussion' re,su, lts m theyo, nclu.qon tha..t.the in]pact is relat 'd to planning and zonlng issues, The spoj?ct parcel Odes not exhibit environmental st nsitivity in the traditioua!.sense Review of me Long EAF Part I as well as field inspection ndieates that the site is su ted for controlIcd devoid, preener fo.r the following reasons; soils are CO?:ducive to leaching, topography is flat, ther. e ~s no s~gmficant vegetate.on ~etlands or w ldhfe habitat o~.~ site. Likewise, the proposed zon!ng wouk/not generate a ~Ignff'icant influx o people o.r traff c *.s compared to present ?,nm~ nor.would n$.~se, aestl~etic or visual resc :rces be s~gn{ficant!v adversely imt~acted. ~nere!ore, ~ssues reduce to land use and zoning and local communl~tv imuact~ ~s x'vell as preceoent. ' Issue~,. regarding zoning are complex, inv 4v!.ng change to communtty character, d~vergences 7rom land use plans and precedent etdng nature of an action. Based upon the 5,SOC,^T S di~c~ss~o~ inci~ded in the appropriate sect]o~ ~' ~ .... into a re~dc, nt~aI area as we[[o~ 5omc recogmz ;d precedent set as a result o[ tins actmn. Th~ durat/o~ of this impoct is considered perm :riehl fo~ the p~roo~ of tiffs discussion ~owever, ~t is noted that the action could ~e re~ srs.~d ~hFougfi future ~mpact can be controlled through site plan rev(, w utilizing so~bscks buffering ~nd other l~nd use control tochn(ques with re~ar'd to the t evelop~e~t on the site as xveII as ~dj~cent s~tes. Further control can be applied to reduce the precedent by maMn~ this zon~ petition a unique cas~ based upon all ot tl~e facts and o: ~er specific considerations by the Town Board, The ~mpact is considered to be local as >pposed This ~g E~ ~s intended to provide ti e ~own Board determine the envkonmental s~gnificance of th ' ' , acnon the project. Given ~he relatively small scope o{ s~ue~, ~nd th~ ~vaUa~le ~nfo~mafion concemm~ impacts, the project does not warra: .t the prepara¢on of Impact Statement. The consideration of a char Ce of ~om'ng )s a legislative decision of the Town ~om'dL It ~s recommended tha~ a Ne~ath e Declaration be n~o~ted for tlfis action based on thcs in[ormation contained herein, Su sequemb, the To.tn Board may consider the peth[on, s~te condhion, environmental review, 1 ~st[mony, and ether matters of {ecord. and render a dec~sion on th~ p[oposed action, It is ecommended ~ha~ the decision contain reasonable measures to minimize environment- I impacts to the m~dmum extent practicable, as oud~ned herein. SE(~ R NEGATI%rE DEC .ARATION Notice of Dctcrminatb a qf Non-$1g~;ificancc. Dctcrmjrmtion ~f $igt';ficancc. Lead'Agency: ~lddr~ss: Date: Tow ~ Board of th: Tov, n o[ Southold Tow~ HalI, 53095 Main Road P.O. Box 1179 Sour !old, New York/~1971 Sept mber22, 1992 This notice is issued pursuant to.Part 61, to Article 8 (State Environmental Q,~ality Rev~ The I. ead agent' has determined that th, have a significant effect on the environment an Statement need not be prepared. I' or' tbe in~l,ementi,n?, regulations pertaining .w) of the ~_nvironm,;ntalConse~'at/on Law. proposed af. tion described below w/Il not that a Dratt Environmental Impact Tille of Actirm: SEQR Status: Project Descripfiom SUI'M Nu tuber: Location: William F. t tosser anu the American A rmoured Foundation, Inc Mattituck,/' 'ow York Type I Actit n The.project x tach ~s the subject of th~s D.~te. mmatton, revolves a r~ upo.,~d ch.r~ge of zon~ of 0. to7 ac, es from Lf~ht Indu}' qal "LI" and Residential Office "RO" to Hamlet Bus ness "FIB". District 100',. Section 140- Block 02 -Lot 16 The site is l, coted on t'.le east side of Love Lane, north of the Lon= tsland Railroad with frontage on C.R. 48, Mattituc c, New York. Page I of 2 Change o[ Zone SEQR Deform;nation Reasons Supporting This Determination.' This determination is issued in full consk *.,ration of the criteria for determination o~' significance contained in 6 NYCRR Part 617.11. the Long Environmental Assessment Form Parts I and II, and the following specific reasons 1) 2) 4) 5) T~e project has been evaluated through: Long E.LF Part III which discusses in detail environ,?ental andplanning aspects of t? ~' l~roject. , Tke subject parcel docs not exhibit envir. ,nmental sensitivity in :he traditional sense. Review of ,'he Long EAF Part I as well a: field inr. pefi. tion i~.dicates that the site is suited, for controlled development for the following, ea~or~s; soils are conducive to leach,ng, topography is flat, there is no si Inificant vegetat[or~, wctlanrJs or wildlife habit~:t on s~te. 3) The proposed zoning would not generate a significant influx of peopl~ or traffic as compare~ to present 'onlng, nor would no/se, aesthetic or visual resou:ces be significantly adversely impa :ted. Land use ard zoning issues are a local as opposed to a regional consideralion, and measures are available to reduce impact Jpon tl~,e community. The use would be subject to site plan apl: royal by the Plannin.~ Board if t~e zoning is changed to "HB" in accordance with Cha ,ter 10O-9!A. of the Somhold Town Code. For Further Information: Contz:ct Person: Address: Phon,~ No.: Judith Terry Town Clerk Town Board of the Town of $outhold Town Hall, i.!ain Road, $outho!d (516) 765-1S Copies of this Notice Sent to: Comm~ssion.-'r-Department of Environmental C onsev~'atien Regional Oft'ice-N'ew York .5. tate the De@artme a of Environm.~ntal Conservanon South. old Tolvn Pla.nning Board Southold Toa, n Budding Department Suffolk Coumy Department of Health Services Suffolk Comity Departm. ent of Planning NYS Legislative Commtssion on Water Resour e Needs of Lcn~ lslancl Daniel C. Ross, Esq. - $outbold Town Clerk's Bulletin Board Page 2. of 2 ,/;..'7.-%,,1 CF:lAMER, VO~FIH'i,~ ~'"',A,~,SOCtATES '~-L2..~._:- X//,'/,' FAX TRAI 'SMITTAL Fax Number (5~6) 331-8046 Date: To: From:: Re: / Number of Pages (including cover): /O If the to, tn[ transmittal is not received :all_ (516) Comments: '54-2 NOI~ITN COUNTRY ROAD,, MILLEI~ ~LAC~. *',1'¢' 1176,1 f?6',. 2.31.1,.¢55 CRAMER, VQ~RH'I.,$,,, &:;,.ASSOCIATES OONSU'TA ' S ~ W/l, \\~;, Harvey Arnoff, Town Attorney Town of Southold 53095 Main Road P.O. Box 1179 Southold, New York 11971 Re'. William F. Gasser and the American Armoured Foundation, Inc. October 7, 1992 OCT, 8 1992 Dear Harvey: As per your request, we have conducted additional evaluation of the above noted application regarding tnaddnet¢ fluids and oils. The following points ',;'ere expressed by Mr. Gasser on behalf of the American Armoured Foundation: Tanks and machinery are received from the US Army, and are drained of bulk fluids prior to shipment. Out of 66 major exhibits (including other than tanks and vehicles) approximately 6-8 vehicles are operable. Vehicles are operated only on rare occasions in order maintain them in workkng order. Although some tanks have capacity to store as much as 200 gallons of gasofine, a minimum of fuel is stored in vehicles due to infrequent operation and the fact that fuel would go stale. Vehicles are hie[ed when necessary using Gerry cans. Generally, no more than 15 gallons of gasoline would be maintained on site for this purpose. Vehicles may contain heavier oils including transmission and crankcase oils. These tluids remain in the vehicles and are rarely changed due to infrequent use. On occasions when waste oil is changed, it is contained and disposed of via a local sera'ice station. Compared to a car which contains 4-5 quarts of oil, a tank may contain 5 gallons of oil. Vehicles include both air-cooled and water-cooled types. Water cooled vehicles do contain antifreeze, which remains in the system and is rarely if ever changed. Contact with the Suffolk County Department of Health Services to determine regulatory restrictions. Suffolk County Sanitary Code Article 12 addresses Toxic and Hazardous Materials, Storage and Handling Control, and exempts from the regulations all facilities which meet the following (Article 12, 760-1208): "All storage of toxic or haTxrdous materials in containers of five-gallon capacity or smaller where the total capacity stored at any time does not exceed 250 gallons or where the dry storage in bags, bulk, or smaller containers does not exceed 2,000 pounds is exempt from all portions of tiffs article unless specifically ruled otherwise by the commissioner on a case-by-case basis." Further, vehicles containinS fluids are also exempt from Article 12 by nonqnclusion in the definition of a storage facihty contained in Article 12, 760-1203 (m). Provided the facility meets these exempttons it is not regulated by the agency empowered to regulate storage and handling of toxic or hazardous materials for the purpose of groundwater protection in Suffolk County. The above information provides insight into the potential for environmental degradation as a result of the subject facility. Similar to a parking lot, road or highway, 54-2 NORTH COUNTRY ROAD. MILLER PLACE, NY 11764 1516) 331-1455 Page I of 2 William Gasser Zone Change Petition se~wice station, contractors yard, construction site, agricultural facility, boatyard, etc., one would expect minor incidental spillage of fluid from vehicles. For the subject site, potential for spillage may even be decreased because vehicles are inactive for long periods of time, and there is no significant quantity of fuel stored in vehicles due to their infrequent use. There is little or no potential for ma.ss release of toxic or hazardous materials a.s fluids are stored in separate vehicles dispersed on the site. Further, the site is secured within a fenced area curtaihng the potential for vandalism which might result in accidental spillage. Inspection of the site in connection with the zone change application did not reveal large scale release of toxic or hazardous material which would be evident in the form of stains, residue, chemical odor and/or stressed vegetation. In addition, as indicated the subject facility is not regulated by SCDHS due to the small overall storage of toxic or hazardous materials. In terms o,f the change of zone petition, any facility located on the subject site must co~fforn-, to ArticLe 12 of thc Suffolk County Sardta,D' Code and ma)' not release toxic or hazardous materials to the surface of theground. It is noted that the current industrial zoning may permit other uses which couldresult in a greater potential forgroundwater degradation in the form of toxic or hazardous material storage in excess of 250 g,a}lons, State Pollutant Discharge Elimination System (SPDES) permit issuance, or other facto.s. The environmental review submitted to the Boa.rd on September 18, addressed the environmental issues related to the zoning change application for a zoning change for a use currently existing on the site. I hope that this letter provides additional information for the Boards consideration in deliberation on this zone change petition. Please do not hesitate to call if you have any questions. Very truly_yo~s, 'lEharles J. Voorhis, CEP, AICP cc: Judith Terry, Town Clerk E NVI RON M E NXMAX_ ~J~/~IG CONSULTANTS Page" of 2 JUDITH T. TERRY ]OWN CLERK REG|STRAR OF VITAL SIATISTICS MARRIAGE OFFICER Tou. n Hall. 53095 Main Road P.O. Bo',. 1179 Somhold. New York 11971 Fax f516i 765-1823 Telephone 15161 765 1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD SEQR NEGATIVE DECLARATION Notice of Determination of Non-Significance De|ermination of Significance Lead Ageno,: Address: Date: Town Board of the Town of Southold Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 October 6, 1992 This notice is issued pursuant to Part 617, of the implementing regulations pertaining to Article 8 (State Environmental Quality Review) of the Environmental Conservation Law. The lead agency has determined that the proposed action described below will not have a significant effect on the environment and that a Draft Environmental Impact Statement need not be prepared. Title of Action: SEQR Status: Project Description: SCTM Number: Location: William F. Gasser and the American Armoured Foundation, Inc Mattituck, New York Type I Action The project which is the subject of this Determination, involves a proposed change of zone of 0.737 acres from Light Industrial "LI" and Residential Office 'RO" to Hamlet Business "HB". District 1000 - Section 140 - Block 02 -Lot 16 The site is located on the east side of Love Lane, north of the Long Island Railroad with frontage on C.R. 48, Mattituck, New York. Page I of 2 Gasser Change of Zone SEQR Determination Reasons Supporting This Determination: This determination is issued in full consideration of the criteria for determination of significance contained in 6 NYCRR Part 617.11, the Long Environmental Assessment Form Parts I and II, and the following specific reasons: 1) 2) 4) 5) The project has been evaluated through a Long EAF Part III which discusses in detail environmental and planning aspects of the project_ The subject parcel does not exhibit environmental sensitivity in the traditional sense. Review of the Long EAF Part I as well as field inspection indicates that the site is suited for controlled development for the following reasons; soils are conducive to leaching, topography is flat, there is no significant vegetation, wetlands or wildlife habitat on site. 3) The proposed zoning would not generate a significant influx of people or traffic as compared to present zoning, nor would noise, aesthetic or visual resources be significantly adversely impacted. Land use and zoning issues are a local as opposed to a regi6nal consideration, and measures are available to reduce impact upon the community. The use would be subject to site plan approval by the Planning Board if the zoning is changed to "HB" in accordance with Chapter 100-9lA. of the Southold Town Code. For Further Information: Contact Person: Address: Phone No.: Judith Terry, Town Clerk Town Board of the Town of Southold Town Hall, Main Road, Southold (516) 765-1801 Copies of this Notice Sent to: Commissioner-Department of Environmental Conservation Regional Office-New York State the Department of Environmental Conservation Southold Town Planning Board Southold Town Building Department Suffolk County Department of Health Services Suffolk County Department of Planning NYS Legislative Commission on Water Resource Needs of Long Island Daniel C. Ross, Esq_ Southold Town Clerk's Bulletin Board Page 2 of 2 LONG ENVIRONMENTAL ASSESSMENT FORM PARTS I, II AND III Project; William F. Gasser and the American Armoured Foundation, Inc. (Change of Zone) Love Lane Mattituck, New York Prepared For: Prepared By: Town Board of the Town of Southold Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Cramer, Voorhis & Associates, Inc. 54 North Country Road Miller Place, New York 11764 Date: September 16, 1992 ¢~,k ,~,~,, CRAMER, VOORHIS &~'~SOCIATES E NVl R O N M E N TA[;CJ~D,,E~L~[N~N G CONSULTANTS LONG EAF PART III .~,,~\ CRAMER, VOORHIS &~:,~SOCIATES E U V i R O N M E N T/~.'.~.~A_biD'~J~i~.~,~I O CONSULTANTS Page I LONG ENVIRONMENTAL ASSESSMENT FORM - PART III EVALUATION OF THE IMPORTANCE OF IMPACTS PROJECT William Gasser and the American Armoured Foundation, Inc. (Change of Zone) Mattituck, New York LOCATION The site of the subject application is located on Love Lane, on the north side of the Long Island Railroad, in Mattituck New York. APPLICANT Mr. William Gasser and the American Armoured Foundation, Inc. 2383 Fifth Avenue Ronkonkoma. New York 11779 DATE September 15, 1992 INTRODUCTION The proposed project and the environmental character of the project site is described in detail within the Long Environmental Assessment Form (LEAF) Part I. The LEAF Part II, evaluates the project impacts and their magnitude. This section of the LEAF is intended to provide additional information on the importance of the impacts of the proposed project on the environment, in order to form the basis for the adoption of a determination of significance_ The LEAF Part III is prepared if one or more impacts are considered as being potentially large, as identified in the LEAF Part II. In the case of theproposed project, anticipated impacts are considered small to moderate, however, in order to provide the Town Board of the Town of Southold with additional information pertinent to this project for the consideration in making a determination of signlficance, th~s Part III narrative has been completed for several small to moderate impacts, identified in the Long Environmental Assessment Form Part Il. This Part III addresses in detail the environmental and planning issues which are relevant to the subject application. ENVIRON M E NTA~D6'P'~NG CONSULTANTS Page 2 William Gasser Change of Zone Long Environmental Assessment Form ENVIRONMENTAL IMPACTS Impact on Grmvth and Character of Community * The proposed action will conflict with officially adopted plan., or goals_ * The proposed action will set an important precedent for future projects_ The proposed action involves a request for a change of zoning from the Town Board of the Town of Southold for the continued operation of the American Armoured Museum, Inc. Although the action is a request for a change of zoning and must be considered in the context of use allowed by the requested zoning, }t is important to understand the present use and history of the site with regard to evaluation of impacts. The project involves a split-zoned parcel of 0.797 acres. The northern part of the site xvith frontage on C.R. 48 comprises approximately 9,000 square feet of land and is zoned Residential Office. The remainder of the site (23,109 square feet) has frontage on Love Lane, is adjacent the Long Island Railroad tracks (LIRR) and is zoned Light Industrial. There is a 54 by 120 foot corrugated metal building and an 8 x 8 foot tower, tanks and gravel parking, located on the Light Industrial zoned portion of the site. The present zoning of the site requires minimum lot areas of 40,000 square feet for the "LI" Light Industrial and 40,000 square feet for the "RO" Residential Office zoning. The "R-O" Residential Office District is intended to protect the land values of residential property on Main Road and allow non-residential uses within its confines as envisioned in the Town of Southold Master Plan Update Background Studies. The "LI" Light Industrial zoning is intended to provide an opportunity for business and industrial uses on smaller lots than those appropriate under "LIO Light Industrial Park/Planned office park". It is noted that the "LI" district also prohibits the museum use of the site. The requested zoning, "HB" Hamlet Business, requires a minimum lot area of 20,000 square feet with minimum side yards of 25 feet. This zoning district would allow for museums and libraries as permitted uses within the district, and such uses are subject to site plan approval by the Planning Board. With regard to existing use and zoning, it is noted that the site has been operating in violation of the current zoning classification, and the owner was notified of this sltuation in 1988 by the Ordinance Inspector. At that time the site was zoned "A" Residential/Agricultural and "C" Industrial. The present "LI" zoning of the south part of the site prohibits the musenm; however, this use is permitted under the "RO" Residential Office district if approved by a Special Exception of the Zoning Board of Appeals. Therefore, the site is operating without approval as a museum and the tower exceeds the 18 foot maximum height for an accessory structure_ Review of the zoning map and field investigation of the area indicates that the requested zoning will cause an intrusion into a restdential area ("RO" Residential Office district) to the west and east of the northern portion of the site. In addition, review of the Master Plan Background Studies for the Hamlet study -Mattituck, finds that the "LI" portion of the site is shown to be Hamlet Business and the present"RO" part of the site is proposed CRAMER, VO~lS. ,&~'t~¢~-oSOCIATES E NVl R O N M E NTAL..AN D,, ~,~i~ilN IN G CONSULTANTS ".~ V/Ill ,;x\\ Page 3 William Gasser Change of Zone Long Environmental Assessment Form to remain Residential Office. The change of zone for the "LI" Light Industrial part of the site to "HB" Hamlet Business is not expected to have a significant impact upon the community. The change of industrial zoning to hamlet business is recognized as a natural extension of the existing Love Lane Business area. The change of zone will allow for the continuation of the museum in an area where it was previously prohibited and as a result would not compromise the zoning integrity of the community. If the overall parcel were rezoned to "HB", the business district would intrude into the "RO" zone. The "RO" zone adjacent the site contains residential dwellings in conformance with zoning, therefore, the location of business uses in this area would cause potential !and use conflict. If a full change of zone for the subject parcel is granted, the goals of "RO' Residential Office zoning designation of the subject site would not be realized. Thus, the Hamlet Bus'ness zon'ngin the 'RO' Residential Office portion of the site is out of character with adjacent land use and is expected to cause an impact on the immediately surrounding community, as well as the area_ The action, if approved, would set a precedent for other future actions, thereby undermining the integrity of the zoning patterns in this section of the Town. This precedent may promote the expansion of the Love Lane Business District from County Road 48 to Sound Avenue. This possible expansion would not conform to the intention of the "RO" zoning or the Master Plan for providing a transition area between the business and low-density residential and limited nonresidential development along major roads. It is also noted that if the change of zone is granted the museum would still not conform completely with zoning. The Hamlet Business zoning states that "all uses permitted in the 'HB' Hamlet Business district, including the display and sale of merchandise and the storage of all property, except IMn,,g plants, shrubs and trees, shall be confined to fully enclosed building on the premises, thus the outdoor storage of the tanks would not be permitted under the requested zoning. If the zone change is granted, the use would be subject to site plan approval by the Planning Board. CONCLUSION The Long EAF Part II, is intended to consider the impact, then determine available mitigation as well as the importance of the impact, based upon certain criteria. Specific impacts considered above involve issues of Impact on the Community. This discussion results in the conclusion that the impact is related to planning and zoning issues. The subject parcel does not exhibit environmental sensitivity in the traditional sense. Review of the Long EAF Part I as well as field inspection indicates that the site is suited for controlled development for the following reasons; soils are conducive to leaching, topography is flat there is no s gnificant vegetation, wetlands or wildlife habitat on site. Likewise, the proposed zoning would not generate a significant influx of people or traffic as compared to present zoning, nor would noise, aesthetic or visual resources be significantly adversely impacted. Therefore, issues reduce to land use and zoning, and local community impacts as well as precedent. Issues regarding zoning are complex, involving change to community character, divergences from land use plans and precedent setting nature of an action. Based upon the ~'"'~ ~¢~'~SOCIATES CRAMER, VOO'R HIS,. . E N VI RO N M E NTP~'C~J~[D.,~,, ,~¢~N G CONSULTANTS Page 4 William Gasser Change of Zone Long Environmental Assessment Form discussion included in the appropriate section above, there is a recognized small intrusion into a residential area as well as some recognized precedent set as a result of this action. The duration of this impact is considered permanent for the purpose of this discussion; however, it is noted that the action could be reversed through future zoning changes. The impact can be controlled through site plan review utilizing setbacks, buffering, and other land use control techniques with regard to the development on the site as well as adjacent sites. Further control can be applied to reduce the precedent by making this zoning petition a unique case based upon all of the facts and other specific considerations by the Town Board. The impact is considered to be local as opposed to regional. This Long EAF is intended to provide the Town Board with sufficient information to determine the environmental significance of this action, and provide a basis for decision on the project. Given the relatively small scope of issues, and the available information concerning impacts, the project does not warrant the preparation of an Environmental Impact Statement_ The consideration of a change of zoning is a legislative decision of the Town Board. It is recommended that a Negative Declaration be adopted for this action based on the information contained herein. Subse.quently, the Town Board may consider the petition, site condition, environmental review, tesumony, and other matters of record, and render a decision on the proposed action. It is recommended that the decision contain reasonable measures to mimmize environmental impacts to the maximum extent practicable, as outlined herein. CRAMER, VOOFIHIS 8~':~SOCIATES E NVl R O N M E N T/~ ,[~A N B:',~: "~lbt[N G CONSULTANTS Page 5 William Gasser Change of Zone Long Environmental Assessment Form LONG EAF PART CRAMER, vuORHI'S, g~:/,~'SSOCIATES E N Vt R O N M E N TAI~.'~d::~D'..P..~,~I G CONSULTANTS 817.21 Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM ana['~s~s [nadd~t~cm many who have knov, ledge ,n one parl~cular area may not be aware Ol the broader concerns al'lectm~ The iull E~,F ~s intended to provide a method whereby aoplican[s and a§enc~es can be assured [hat the determmabon I:ull [.~F Componenls: ]'he tull EA.F ~s compnsed oi three parts. Part 1: Pro~,~des oblecU;e data and mformabon about a ~en prolect and Rs s~te ~. ~dentff~m~ basic protect da~a, mt assists a re',m,se[ m the ~na~ss~s that takes place m Pa[ts 2 and 3 ~u~dance as lo,sherbet an~mp~c~ ms hkelv robe con~mdered smalllo moderate or~hether~l:s a large mmpacL The Iorm also ,dentdmes ~s~e~her an mmpact can be mmt~8ated or reduced Pall 3: I[ ans mmpacl mn Part 2 ms ~denb[~ed ~s potentmally-larse ~hen Part ~ is used Io e~aluate whether or ~mpact ms actuall~ mmpo[tan~ DETERMINATION OF SIGNIFICANCE--Type 1 and Unlisted Actions ldenti['t the Portions ol [AF compleled (or this projecl: ~ Part 1 ~ Part 2 XPert 3 mtormat,on, and considering both the ma~,tude and ~mportance o~ each impact ~t ,s reasonably de~ermmed by ~he ~ pro,eot not manv [arEe ~mportan[ impact[s) and. therefore. ~s one ~h~ch will not The ha~e a smBnmf~cant ~mpact on the envlronmenL there(ore a ne[ali~e declaration will be prepared. therefore a CONDITION[D ne[ali~e dedaralion will be p~epared.' on lhe en~mronment therefore a posili~e dedaralion will be prepared, WILLIAM F. GASSER AND THE AMERICAN ARMOURED FOUNDATION, INC. CHANGE OF ZONE-LI and RO to HB Town Board of the Town of Sou%hold %ame oi Lead ~.gencv P~mn[ or T~pe %ame ol Responstble OHmce, ,n Lead kgency Tmtle ol Responsible OIImcer Dale rrepared by Proiect Sponsor It ,s e'~D-cr,'d thai campiehon or the lull CAF ,.,d[ be dependent on ,ntormat~on currendv a'.,adable and '*dl nat m'-alve American Armoured Foundation, Inc. and William F. Gasser Change of Zone - L[ and RO to HB Love Lane, Mattituck, County of Suffolk (SCTM 1000/140/2/16) American Armoured Foundation, Inc. BUSINESS TELEPMONE ~ODRES$ Love Lane Matti tuck Wil~mm F c, asse~ .~ NY I 11952 ~516~ 543-6600 ADDRESS 2383 Fifth Avenue ClT¥;PQ I STATE t ZIP CODE Ronkonkoma ) NY j_11779 DESCRUaTION OF ~CTION Application to change the zone from Light Industrial and Residential 0ffice to Hamlet Business with respect to property at Love Lane in Mattituck (SCTM 1D00/140/2/16). 2 Total acreage o~ prolect area 32,10g sqft a'kgf~s APPROXI.MATE ACREAGE ',-',eadov, or Brushland .",on agr,cullural) Fore,ted Aghcu[tural Ilncludes orchards c~opland pasture etc~ Vs'etland (Fre3h'c, ater or Ud:H as per A,bc]es 24. 2S o~ ICL} Please Complele Each Question-Indicate N.A, il nol applicable A. Site Description Physical setting ol o,,etaJl pro~ect, both de,.eloped and undeveloped areas 1 Present land use =Urban ~,lndustnal ~Commerclal =Res~dentla((suburban) =Rural (nonll a~-rfO ~Forest X.~AgrlcuJture '~Other Jdarehouse and Museum I E'Skcteh ,LJog-, PRESENTLY AFTER COMPLETION ~//~ acres ...... ~ --- acres Roads. bdddmss and o(her pa~ed sudaces ' .~ ' B]d~ ~RR sq ft¢.~X Same' 7~'~ Other (Indicate t~pel acres acres a So,I dra,nage ~'¢,eil dra,ned [00 % ai me ~Modera~eiv well drained % oi 10 Do hanL,n~ ,,.n,ng or ,h~ll r~sh~ng ,)pport'~n,be5 pre~end~ e~,~t ,n (he prolect area? ~e5 ~o 11 Does prole¢[ s~te contain any speoes at plant or ampi life [ha[ ~s ~denbhed as (hreatened or endangered~ Are (here an~ umque or unusual land Iorms on the prolec; s~te? he. cliffs, dunes, o(her ~lo~¢al [orma.bons) ~.'fes ~",o II ,,es explain _-te,> XNo 15 Streams w~thm or contu,juous to prolect area lb Lakes ponds. ~,etland areas ~,~th,n or contiguous Lo project area None a %ame N/A b S~ze (in acres'l 17 Is the s~te ser',ed b~ existing pubhc utllmesl ;,~Yes ZNo Electric al II ~es does ~Ul't,c,ent capac,~ ex,st to ~lla~ connecL,onl ~Yes ~No b~ If ~es ~,ll ,moro~ements be necessar~ to allow connect,phi ~es %No ]8 Is the ~,~e located m an ¢~rIcullur¢~ d~5(r,c~ ceruhed pursdan[ [o A~ricuhare and %~3rket* Law Sect,on ]03 and 304~ %tes 19 Is the *,re located m or subs~am,alK, cont,guous to a Crmcal [nv,~onmental .&rea des,gnated pursuant to Art,cie 8 o~ the ECL and b %~CRR 617~ %~es ~No 20 Has ~he ,,te e~er been used ~or the d~spo~al of sohd or hazardous ~aste¢ ~Yes Upon information and belief f'] / A B. Project Description a Total cont,i~unu~ acreage o;'.ned or controlled by prole~.t sponsor 32,109 sofr4cx~ . ~ 7 ~ C¢-a , o Prolect ac'eage to be de~eloped ~/A acres ,n,t,aH~ _~.~ acres ulbmatel~ c Prolect acreage ~o rema,n unde',eloped N/A acres No physical change anticipated d Length of prolect In re,les N/A (11 appropr,ate) e h the prolec: is an expans,on. ,nd~cd[e percent of expansion p~oposed N/~ %. %lax~mum ',.eh,cular trips generated per hour J2;inim,~l h II re~,denual Number and r,,pe o~ hou.,,n~ umts N/A One ram,I,, Two Faro,l,, D~mens,ons .,n leetl pi lars'e~t proposed '4ructure proposed ¢-~ (upon completion o( project)~ /-- ~ ~./~,~.~ Mulbple f am,l'~ height, ,,'.',dth Cng:h 50 ~ and 60 fi- bT_ ) V,'.il d,~lu~bed ~reas be recla,med~ _~'es _-No )~N,A ~IT~_ ;,~.~ ~,.4. fi-.~ ~ If yes tot what mtended purpose ,s the s~e bemg reclaimed~ b ',~,,11 ropso,I bo qockp,led for reclamation~ ~¥e5 SNo c W,II .apper subsod be ~tockpded'lor reclamat,on~ ----Yes _--No -I How man', acres pt ,,egeIat,on [trees shru0s ground co,ers) wdl be removed from s.te~ NOF)e. acres 5 vv ,1[ any malure forest (o,,er 100 '~ears old) or other focally ~mportanl vegetation be removed by lh.s prolecl; ~Yes 6 If smile phase prolect Anticipated per~od of construction N/A monl. hs. (including demolibon] 7. H multi-phased' N/A a Total number o[ phases anticipated [number). b. Anticipated date of commencement phase 1 month c Approximate complellon dale o[ final phase month r'J Is phase 1 lunCt~onall,, dependent on subsequent phases~ ~Yes 8 %dl blashng occur dur,ng ¢onstructlon~ ~Yes _--No 9 ]0 ----No year. (mcluding demolmon) N,~mber of jobs ~eneraIed dur,ng construction Number om lobs eliminated by this project ~lOFle ',~.',1l project require relocation of' anv proJects or facdilies1 alter prolect is complete F~Yes ~.No If yes. explain 12 Is suHace hquid waste d~sposal mvol'~ed) ~:Yes x~No a Ii ',es mdlcale type or ~,aste [sewage mdustrlal, etc) and amount b Name pi w~ter body into whmch eHluent will be dmschar[ed 1) Is subsurface hquid waste dmsposal mnvoNed' ~Y~s ~No Type~'~~ t~ ,~ ~f~(// *; '~ 14 Wmll surface area or an exmshng '~ater body ,ncrease or decrease by proposal~ =Yes ~No 1-3 is prolect or an; port]on or project Iocateci in a 100 ,~ear flood plain.~ ~,Yes .,~No Unknown 16 Wdl the prolect ~enerale solid v, asIe1 ,J~Yes ~No a h ~es. ~hat ms the amount pe~ mon(h Ions ~,~'.I~ b If yes. wmlJ an exmstm8 sohd ~aste iacmmmtv be used? . ~Yes ~No~ d Wdl any wastes nol ~o mto ~ se~a[e d,sposal system or mto a samta~ landfall? ~Yes l~ ~mll the prolect mnvol~e (he dmsposal o~ sohd ~sle) ~Yes a Ii yes. what ms the ammcmpated rate of d~sposal) tons month 1~ W,II prolec[ use herb~c,des or pe~t,c,des~ ~Yes ~No 19 ~,11 prolect routmnely produce odors [more than one hour per day); ~Yes ~No 20 %'mil project produce operatmng nomse e~ceedmg the local ambment nomse 21 Wmll prolect result m an mncrease mn energy use~ ~Ye~ 1~ ~es . mdmcate ~No 22 If ~..ater suppN ~s from ,~ells ,ndlcale p~.mplng capacity gallons, m,nure ~r~T' ~.~o~", D~ ~ 2~ ~o,al ant,c,pated ~a,er osage pe, da, 8~))ons/day Minimal ~ .~ _~2~ 24 Does prolec~ ,n~ol~e Local S~ate or Federal lundmng~ ~Yes ~No It ~es explamn Federal: Dept. of Defense donations are regularly made of tanks and ...... ~ Ft 5 TTe~y~6F~ ~ 4 Other Local Other Regional ¢~'enc~e', State A~,encJes Federal Agenoes t ~¥es Z~o Site Plan Approval ~No ~No Suffolk County Planning Commission X C. Zoning and Planning Information 'I 4/16/91 Does proposed action ,n',,oJve a pJannln8 or ZOnlmg decision) _~'T'es .No It Yes. red,cate dec~s~ofl required k~-zonlng amendment ~zonmg varmance Sspec~al use permH Zsubdm~ms~on ~s~te plan ~ne~ revmsmon of master plan ~rescurce management plan ~other ~%ha~ ms the zonm8 classmfmca[Jon(s]ol the smte; I,ighr Tnd,]st~iel./F~sidemtia! Office LJ / ~%'ha~ ,~ the max,mumoo[enu4J ~eJopm~n[ oj Jhe smle ,{ de~elooed as permitted b% the presen~ zoning; much uses as are perm~gEea, perm~d by speciml except%on and accessory uses allowed by Article XII, Section 100-140,Light Industrial District. of th~ ~m,thmlH Tn~.m 7mq!~~ Code wh~ ,, ~h~ p,o0o~ea ,o~,,~ o~ ~h~ ~,~ ~ ~ ~ ~ 53 (~htb~ A) What ~s the ma~,mum polent,aJ development pi the smte ~' de~eJooed as perm,~:ed by the proposed zon,ngt Such uses ~s are permitted, permi~d by special exception and accessory uses allowed by Article IX Section 100-90 Ha~at R,,e~n~ I/{~r~ ~[ ~ c~. ~ ~-=-- ~ ..... %%'ha~ are the predommnan[ ~and ~s~sl and zonmng c]a55mlmcaI~ons mmlhm~ a ', m,Je radius o~ proposed ac[monl Ha~et Business, Residential Office, Light Industrial B Is the proposed action compatible with adlOlnlngsurround'ng .and uses within a 1. mile" -~'~Yes ~No 9 It the p,'opo,,ed achon ,s Ihe subdm~msmon o( land. how many lots are proposed~ a %%'ha~ ms the mmnlmum Iol smze proposed~ N/A 10 WdJ proposed acLmoll reaumre any aulhonzat~on(s) for the to,marmon o~ sewer or ~aler d;strmctsl ZYes 11 ~¥,lJ Ihe proposed lotion creole a demand ~or any communK~ pro~mded ~er~,ces Lrecrea~mon. educa~mon po~mce D. Informational Details · ,ltach an', add,tlonal inlormatlon as may be needed to cJaylt\ your project I~ these are or may be ant adverse m~pacts associated ,,,.~th ;our propo_.al, please d,scuss such impacts and the measures wh~rh '~ou propose to m~hgate or a'. old them E. Verification 5 William Gasser Change of Zone Long Environmental Assessment Form LONG EAF PART II CRAMER, VOORHIS, &!~SOCIATES E N VI RO N M E N TA~:,P,~EJI~[~'~N G CONSULTANTS Part2--PRC ~CT IMPACTS AND THEIR MAG' TUDE Responsibility o{ Lead A~ency General Inl'ormallon iRead Carefully) ·Jn completing the lorm the re,,~ewer should be guided b', the question Ha,.e m'~ responses and de:erm,naUons been reasonable! 1'he reviewer is not expected to be an expert environmental anaJ,,st · Identifying that an impact will be potentially large {column 2) does not mean that it is also necessarll; significant. Any large ,reDact must be evaluated ~n PART .1 to determine s~gnd~cance Idenuf}mg an ~mpact m column 2 s~mply asks that ~t be looked at further · The Examples provided are to assist the re',~e'*er b,, shov. mg types of ~mpacts and wherever possible the threshold of magmtude that would trigger a response ~n column 2 The examples are generally applicable throughout the State and for most s~tuat~ons But. for any speof~c project or s~te other examples and or ]o~.er thresholds ma,. be appropriate for a Potential Large Impact response, thus requ~r,ng evaluaDon m Part ] · The ,mpacts of each proJect, on each she. ~n each Iocalit,~. wdl vary Therefore. the examples are dlustrat~e and ha;e been offered as gu~dance The~.donotconst~tu£eanexhausuvehstol~mpactsandthresholds to answer eachqueshon · The number of examples per question does not md,cate [he ~mportance of each quesUon · In ident~[;mg ,mpacts cons,der long [erin short term and cumlatwe effects In$1ruclions !Read carefullvJ a. Answer each of the 19 questions m PART 2 Answer Yes ~f there will be an,/ ~mpact b Maybe ans,,..ers should be considered as Yes ansv, ers c If ans~',er,ng Yes to a question then che~_k the appropriate box (column 1 or 2) to indicate the potenOal s~ze ol the .mpact If ,mpact threshold equals or exceeds an; examplepro,,ided, checkcolumn2.1f~mpact~'.,lloccurbutthreshold ~s Iov, er than example, check column l d If re;ue','.er has doubt about s~ze of the ~mpact [hen consider the impact as potenhall¥ large and proceed to PART 3 e If a p.otent.alhr large ~mpact checked m column 2 can be md~gated bv change{s) in the project to a small to moderate ~mpact. also ~_heck the Yes box in column ]. A No response md~cates that such a reduction ~s not possible Th~s must be explained ~n Part 3 IMPACT ON LAND Wdl the proposed action result ~n a physical change to lb [ e prolect sites NO [~ample~ lhat ~.ould appl,, to column 2 · ,An,/ construct,on on slopes o{ 15% or greater, tls foot r~se per 100 loot of length), or v, here the general slopes m /he prolec[ ~rea exceed 10% · Construct,on on land ~,here [he depth to the ~.,ater table ~s less than 3 feet · Construction of pa,,ed parking area for 1,0OO or more veMcles · Construct,on on land where bedrock .5 exposed or generally v,~th~n ] feet of ex,sting ground surface · E~,:a'.at~on for mm,ng purposes [hat would remo,.e more than 1.O00 ton~ or natural mater,al fi e rock or soil) per year · Construction or expansion of a samtarv landfdl · Construct,on n a des,gnated 2 ~,~dltherebe aneflectloan,, umqueorunusualland forms foundoF. the s~te) l~ e. cl,Hs dunes geological Iormat~ons. etc },~NO ZYES · Speof~c land ~orms 6 I 2 3 Small to Potential Can Impact Be Moderate Large Mi[igaled By Impact Impact Project Change L~ Z ZYes ~_~,o ~'m _-- ~'~es ~",o ~ ~ ~e~ ~o ~ ~ ~es ~o IMPACT ON WATER Vwll proposed acuon ailect any water bod~ designated as protected;' iLnder Articles 1'3 24 25 of the Enwronmenta[ Conservation Law. ECL] E~amples that would apply to column Z · OeYelopab[e area of sRe contains a protected water body · Dredging more than 100 cub,c yards oi matenal from channel of a protected stream · Extension of utility d[stnbut,on laolibes through a protected water body. · Construction m a designated freshwater or bdal wetland · Other ~mpacts' 4 Will proposed acbon affect any non protected existin,,g or new body of water? ~NO ~.YES Examples that would apply to column 2 · A 10% increase or decrease in the surface area of any body of water or more than a 'JO acre increase ot decrease ', Construct]on ota body of water that e,ceeds l0 acres ol surface area · Other impacts Will Proposed Action affect surlace or groundwater quality or quantity? ~NO ~'YES E~ampJes that ~,ouJd appJ,~ [o column 2 Proposed ,~ctJon will requJre a discharge permit Proposed Action requmres use of a source of water that doe5 not have approval to serve proposed (prolect) action Proposed &croon requires ~ater supp[~ from ~elJ~ w~th 8rearer than 45 gallons per minute pumpm[ capaclt~ supply system Proposed Action ~dJ adversely ailect ~roundwater L~qgld eHluent wdl be con~e~ed ofl the s~te to facflmes which presently do not ex,st or ha~e inadequate capaclW Proposed Acbon would use water m excess ol 20.~ gallons per day Proposed Action ~d[ hkeJ~ cause sdlat~on or other d~scharge into an ex~stm~ body oi ~ater to the extent that :here ~,11 be an obvious visual prodtJCtS ~reater than 1.100 gallons 6 Will proposed acbon alter drainage rio'.', or patterns, or surface ~. ater runoil~ ~NO ~-YES tramples that would apply to column 2 · Proposed ~,ct~on v, ould change Hood .,',ater flows 7 I 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By impact impact Project Change ~ ~ ~¥es ENo E] ~ ~¥es r~No ~ ~. EYes ~ Im ~Yes ~No G ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ m-' ~Yes ~ ' · Proposed Action wdl allow de,,eJopment m a designated floodway · Other ,mpacts IMPACT ON AIR 7 Will proposed action affect a~r quahty~ ~'NO ~YES Examples that would appl'v to column 2 · Proposed ~ct~on wd[ ~nduce 1.000 or more vehicle trips ,n any g~;en · Proposed Action wdl result m the mcmerahon oi more than 1 ton of refuse per hour · £m~ss~on rate ol total contaminants s..~ll exceed 5 lbs per hour or a heat source producing more than 10 mdhon BTUs per hour. · Proposed action will ailo~', an increase in the amount of land committed · Proposed action wdl allo~, an increase ,n the dens~t~ of Industrial development ,~lthln exlshng ~ndustnal areas · Other ~rnpacts IMPACT ON PLANTS AND ANIMALS 8 Wdl Proposed Action aHect any threatened or enda~)~ered spec~es~ ~NO E2YES Examples that would apply to column 2 · Reduchon of one or more species listed on the New '~ork or Federal hst. using the sRe, o~er or near she or [ound on the s~te · Removal of any porL~on ol a cr~tma[ or s~gnff~cant w~Jdhte habitat · Application oi pesticide or herb~clde more than twice a ¥'ear. other than for ag.cultural purposes · Other ~mpacts 9 'Wdl Proposed AcUon subslanhalh¢ atlect non-threatened or non-endangered species? XZNO [xamples that v..ould appl', to column 2 · Proposed -~ct,on ~,ould substanr:all~ mterlere ~',~th an,, resident or m,grator; hsh. shellhsh or ,..,,Idl,re speoes · Proposed ~,ctton requ.'es the remo,.a[ of more than 10 acres of matu~-e iores[ (o'.er 100 years of ageJ or other total]', ~mportant ',.egetat~on IMPACT ON AGRICULTURAL LAND RESOURCES 10 Vsdl the Proposed Acbon al'fec~ aghcultural land reso~Jrces~ [~amples that would appl,~ to column 2 · The proposed action v, ould sever cross or hm~t access [o agricultural land [nclude; cropland, ha'H~elds pasture. :'meya~d, o chard ere I I 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By impact Impact Project Change -~ 'Z '=~es Z~o -3 ~ ~Yes ZNo ~ ~ :~Yes ~ ~ ~Yes ~ G ~Ves ~No ~ ~'~ :Yes ~No ~ _ ~ _ ::~es Z~o · Construction actlwty would excavate or compact the so.I prollle of agricultural land · The proposed action would irreversibly convert more than 10 acres of a~,ncultural land or. if located mn an ^grlcultutal District. more than 2 5 acres of agncultural land. · The proposed action would disrupt or prevent installation of agricultural [and management systems Ie g. subsurface dram lines, outlet dmtches. strip croppinR), or create a need for such measures (e g cause a farm field to dram poorly due to increased runoff) · Other ~mpacts IMPACT ON AESTHETIC RESOURCES Will proposed action affect aesthetic resources? ENO ~YES (If necessa~, use the Visual £AF Addendum m Section 617 21. ^ppend~x B ) [xamples that '..,ould apply to column 2 · Proposed land uses. or project components ob,..iously dffterent from or in sharp contrast to current surrounding land use patterns. ,,',berber man made or natural · Proposed land uses. or prolect components ws~ble to users of aesthetic resources ~.h~ch wdl ehmmate or s~gmhcant[¥ reduce their enioyment of the aesthetic qualities of that resource. · Prolect components that will result in the ehmmat~on or s~gnff~cant screemng of scemc views known to be important to the area · Other ~mpacts IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12 Wdl Proposed A, ct]on impact any s~te or structure of h~stor~c, pre- historic or paleontological ~mportance.' ]~NO '~'YES £,amples that ~,ould ap~y to column 2 · Proposed Achon occurr~n~ wholly or parhaJlv w~th~n or substantially contiguous to any facffit¥ or sKe hsted on the State or National Reg.ster ol h~stonc places · Any ~mpact to an archaeological sffe or foss~[ bed located within the project site · Proposed Action ~,111 occur m an area designated as sens~ti;e for archaeological s~tes on the N'~S S~te In,.entor,, · Other ,mpacts IMPACT ON OPEN SPACE AND RECREATION 1] ~A,[I Proposed Act,on aHect Lhe quant,t~ or quaht',r of ex,st~ng or luture open spaces or recreational opportunmesl [~amples that ~'.ould apply to column 2 I~NO ~ES · [he permanent I'oreclosure o( a luture recreational opportunlr'v · .~, major reduction oi an open space ~mportant to the commumty · Other ~mpacts I ~ 3. Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change [] C _~,res r-:No ~ : ~Yes ~No ~ ~Yes ~ ~ ~Yes ~No IMPACT ON TRAN[ RTATION 14 Wdl there be an effect to ex~stml~ transportabon systems? ~]NO ~YES E,amples that would apply to column 2 · Alteration ot present patterns ol movement of people and/or goods · Proposed Action wd[ result m major tral'fic problems · Other ,mpacts IMPACT ON ENERGY 15 ~,dl proposed acnon aiiect the commumty's ~ources of fuel or energy supply,' ~NO EYES Examples that would apply to column 2 · Proposed Acbon wdl cause a greater than S% increase ~n the use of an,, form of energy m the mun~opahty · Proposed Action wdl require the creation or extension ol an energ, y transmission or supply system to serve more than 50 stogie or b~,.o [amdy residences or to serve a malor commercial or industrial use · Other ~mpacts NOISE AND ODOR IMPACTS 16 Wdl there be oblechonable odors, noise, or wbration as a result of the Proposed Action? ENO ~YES Examples that would apply to column 2 · Blasting w~thm 1.500 feet of a hospital, school or other sensmve iacd~ty · Odors wdl occur routinely (more than one hour per dayI · Proposed Achon will produce operating no.se exceeding the local ambmnt noise le'~els [or rlolse outside or structures · Proposed Acbon wdl remove natural barriers that would act as a no~se screen · Other ~mpacts IMPACT ON PUBLIC HEALTH 17 Wdl Proposed &cuon affect pubhc health and safety~ ~NO ~YES E,amples that would apply to column 2 · Proposed Action may cause a risk of e~plos~on or re[ease of hazardous substancesO eod, pe~bc~des, chem~ca[s.~ad~atlon, etc)mthe event of accident or up,et condmons, o~ there mas be a chromc Iow level d~scharge or 0m~sslon · Proposed Action ma,, result m the bunalol 'hazardous wastes".n any form {i e toxic, poisonous, h~ghl'~ reacte, e. rad~oacte, e. irntatmg. infectious, etc ] · Storase (ardd~es lor one mdl~on or more gallons of liquefied natura[ ~as or other flammable hqu~ds · Proposed action may result in the exca'.ahon or other disturbance ',,,~thm 2.000 feet oi a s~te used for the d~po,:al of sohd o~ hazardous v, aste · Other m~pacts Small . Moderate Impact 2 Potential Can Impact Be Large Mitigated By Impact Project Change ~¥os CNo __Yes ~Yes ~Yes ~Yes ~es ~No ~Yes ~o 10 IMPACT ON GROW'TH ,-,ND CHARACTER OF COMMUNITY OR NEIGHBORHOOD 16 Wdl proposed action affect the character of the ex~shng commumtv,' _~o E,amples that would apply to column 2 · The permanent populabon of the c~ty, town or ,,dlage m which the project is located is likely to grow by more than 5°/*. · The mumc[pal budget for capital expenditures or operating services will increase by more than 5°,/0 per year as a result of th~s project. · Proposed action will conihct ~th officially adopted plans or goals · Proposed acUon will cause a change m the density oi land use. · Proposed Action wdl replace or ehmmate ex~stmg facdihes, structures or areas of h~stor~c ~mportance to the commumty · Development wilt create a demand ~or addlt,onal community services (e g schools, police and [ire. e[c ) · Proposed Action wHI set an ~mportant precedent for future proiec[s · Proposed Ac[ion w~ll creaLe or ehmmate employment · Other ~mpacts 19 I 2 3 Small to Potential Can Impact Be Moderate Large Mitigaled By Impact Impact Project Change ~, ~ J~Yes ~ '",o [] ~1 ~Yes E ,", o ~ ~- ::Yes ~Yes ~ ~ ~ ~Yes ~ ~ ~Yes ~ ~ ~Yes ~ ~ ~Yes ~No ~ ~ ~ ~Yes Is Lhere. or ~s there likely to be, pubhc controversy related to potential ad'~erse environmental impacts~ ~NO ~.'~ES If Any Action in Part 2 Is Identified as a Potential Large Impact or If You Cannot Determine the Magnitude of Impact, Proceed to Part 3 Part 3--EVALUATION OF THE IMPORTANCE OF IMPACTS Responsibilily o[ Lead Agency Parl 3 musl be prepared ii one or more impacl(s) is considered Io be polentiall¥ large, e,,en J[ Ihe impacl(s) may be mitigaled. Inslructions D,scuss the follou,,ng ior each ,mpacr ,dent,fled ,n Column 2 of Part 2 Bnefhr describe the ~mpact 2 Describe {if apphcable) ho~, the ~mpact could be m,t~gated or reduced to a small to moderate ,mpact b'~ protect change(si 3 Ba~ed on the ~nformat~on a:adable, dec~de ff it ~s reasonable to conclude thai th~s ~mpact ~s importanL To answer the quesUon of m~portance, consider · The probabd~t',, of the ,mpact occurring · The duraUon of the ,mpact · Its ~rre,,ersrbd~tv. ,nclud~ng permanently lost resources of ',alue · Whether the ~mpact can or ~,dl be controlled · The regional consequence of the ~mpact · It:, potential d~,,ergence from local needs and goals · LYh~,[her knoe, n ob]echons to the proJect relate to [h~s ~mpact (Conhnue on attachmentsJ 11 PUBLIC HEARING SOUTHOLD TOWN BOARD November 10, 1992 8:00 P.M. IN THE MATTER OF THE PROPOSAL OF WILLIAM F. GASSER AND THE AMERICAN ARMOURED FOUNDATION, INC. TO AMEND THE ZONING CODE (INCLUDING THE ZONING MAP) OF THE TOWN OF SOUTHOLD, NEW YORK. Present: Absent Deputy Supe-rv. isor George L. Penny IV Justice Raymond W, Edward~ Councilman Thomas H. Wickham Councilman Joseph J. Lizewski Councilwoman Alice J. Hussie Town Clerk Judith T. Terry Town Attorney Harvey A. Arnoff Supervisor Scott L. Harris DEPUTY SUPERVISOR PENNY: The notice of this public hearing will be read by Councilman Wickham. COUNCILMAN WICKHAM: "Legal Notice. Notice of hearing on proposal to amend Zoning Ordinance and Map. Pursuant to Section 265 of the Town Law and require- ments of the Code of the Town of Southold, Suffolk County, New York, a public hearing will be held by the Town Board of the Town of Southold, at the Southold Town Hall, Main Road, Southold, New York, at 8:00 P.M., Tuesday, November 10, 1992, on the proposal of William F. Gasser and the American Armoured Foundation, Inc. to amend the Zoning Code (including the Zoning Map) of the Town of Southold, Suffolk County, New York, on certain property located on the east side of Love Lane, north of the Long Island Railroad and frontage on C.R. 48, Mattituck, New York, by changing the current zoning from Light Industrial ("LI") District and Residential Office ("RO") District to Hamlet Business ("HB") District. Any person desiring to be heard on the proposed amendment should appear at the time and place above so specified. The legal description of the aforesaid property is as follows: All that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Mattituck, Town of Southold, County of Suffolk and State of New York, which is bounded and described as follows: BEGINNING at a point on the corner formed by the intersection of the northeasterly side of Love Lane with the northwesterly side of property of the Long Island Railroad and from said point of beginning: running thence northwesterly along the northeasterly side of Love Lane North 35 degrees 17 minutes 40 seconds West 50 feet; running thence along the land now or formerly of MacMillian North 45 degrees 05 minutes 00 seconds East 187.64 feet; running thence along the land now or formerly of Pg 2 - Change of zone Amp'- Arm. Found. MacMillian and Hawkins North 35 degrees 17 minutes 40 seconds West 336.23 feet to the southeasterly side of Middle Road; running thence northeasterly along the southeasterly side of Middle Road, North 55 degrees 02 minutes 20 seconds East 60.00 feet; running thence South 35 degrees 17 minutes 40 seconds East along the land now or formerly of Wines 375.72 feet to land of the Long Island Railroad Company; running thence along land of the Long Island Railroad Company South 45 degrees 05 minutes 00 seconds West 248.50 feet to the corner aforesaid and point or place of BEGINNING. Suffolk County Tax Map No. 1000-140-16, Area: 32,109 sq. ft. Dated: October 6, 1992. Judith T. Terry, Southold Town Clerk." I think most of you know, that this is the property, where there is a Tank Museum operated by the American Armoured Foundation, Inc. in Mattituck. I have notifications here, that this notice has been duly posted on the Bulletin Board outside the room. It has appeared in Suffolk Times, a weekly newspaper published in Mattituck on the 29th day of October, and it has also, appeared in the Long Island Traveler-Watchman, also on October 29th. I have a letter here from Mr. William Stilwagon, Executive Director of Vietnam seminars, and consultanting. Dear Supervisor, and all Board members, This letter concerns a change of zone application by the American Armoured Foundation. I have lectured on war internationally, and have visited military museums in Russina, Ukraine, Poland, France, and the Netherlands, as well as across the United States. I can attest with first hand knowledge, that the AAF Museum is a world class in presentation, and quality. The AAF could serve as the touchstone by which other military musuems be measured. You should feel very proud to have such a superb museum in your township. Therefore it is with confidence, that I ask you to grant the change of zone regarding the American Ar~oured Foundation property. Thank for the opportunity to address this most important matter. I have comment from the County of Suffolk on this application for requirements, etc. etc. A decision is considered to be a matter for local determination. A decision of local determination should not construed as either an approval, or disapproval by the County. I have, also, a notice here from the Planning Board of the Town of Southold, dated August 18th. Dear Mrs. Terry, At it's public meeting on August 17th, 1992, the Planning Board adopted the following report. The Planning has reviewed the petition of William F. Gasser, and the American Armoured Foundation, Inc. for a change of zone, and offers the f~llowing observa- tions, and suggestions. Description: the subject parcel is a split zoned parcel of thirty two thousand some square feet in area, approximately 60 × 150 feet, or nine thousand square feet of the property is zoned "RO" Residential Office. The remainder is zoned light industrial. The 54 x 120 foot corrugated metal building on the property lies within the "LI" zone, as does the 8 x 8 foot to-.ver. History: As can be construed from this. I wonder. This is rather lengthy and I think I'll skip through the history, and proceed to the conclusion. Those people, who are interested, there are copies in the Town Clerk's Office. If people are interested in the history, there is a about a page and a half of text, with that history. Conclusion: The Planning Board has reviewed the old and new Zoning Maps for the Mattituck Business District. The request before the Town, if granted, could be considered a spot zonin§, unless supported by an in-depth study of the zoning pattern in this business district, This Board feels strongly, that the zoning designations of all lots in the immediate business bear closer scrutiny. Consequently, we're asking to be a coordinating agency during the environmental review. Our recommendations as to the determination of environment significance of this petition will be sent to you, that means to the Town Board, after we have had an opportunity to review the report of the Town Board's Environmental Consultant on this petition. If you could send us a copy of that report, it would be appreciated. This Board will also undertake it's own study of the zoning pattern in this area, in conjunction with the environmentaly review. Sincerely, Bennett Orlowski, Jr., Chairman. That's all the documentation we have on hearing before us tonight. Thank you. Pg 3 - Change of Zone Am~- Arm. Found. DEPUTY SUPERVISOR PENNY: Are there any parties at this time, that would like to come forth, and speak either for, or against, or of any concerns of this Change of Zone application? Please come to the microphone. There's one on either side of the room, and identify yourselves. That's for the record. DAN ROSS: If it please the Board, I'm Dan Ross of Wickham, Wickham, and Bressler on behalf of the applicants William Gassner and the American Armoured Foundation. I'd just like to hand up the report. I don't know if you have available surveys of the property. As the survey indicates Mr. Gasser's property opens out to Love Lane, and the North Road. It's an L shaped lot. To the South is the Long Island Railroad, below the Long Island Railroad property the property is zoning Hamlet Business. To the East is mostly Light Industrial property. There's~ also, Residential Office zoned property to the East. To the North is the North Road. Across the street on the North Road is Marine-2 zoned property, and Business zoned property. To the West is Residential Office, Hamlet Business and of course, Love Lane. Across Love Lane is Light Industrial zoned property. As you can see, this property, the property of issue, which is Light Industrial, and "RO" is virually surrounded by Hamlet Business, Light Industrial, and Commercial type zoned property. Property, that's zoned Light Industrial under the Code,with Special Exception, can be used, among other things, for a bus terminal, for food processing plants, for sauerkraut manufacturing plant. On the other hand, the "HD" zone would allow a museum to operate theret which the Light Industrial doesn't. The zone change is necessary, because the town's position that the "LI" zone is not allowed in using to operate that musuem, and the "HD" zone does. A little history with respect to this matter. First, I take issue with part 3 of the EAF, the Environmental Assessment Form, that was provided by the Town. It indicated that the operation has been in violation of current zoning since 1988~ and no one was notified of such. In fact, the original complaint from the Building Department in 1988 stated that there was no site plan for that part of the property, that was zoned residential, indicating that the rest of the property was operating okay from the zoning standpoint. TOWN ATTORNEY ARNOFF: Is that what the letter said, that the rest of the property was okay? DAN ROSS: No. I'm indicating, and saying, that residential needed a site plan, indicating that the rest is not. In 1989, the Planning Board determined that a site plan approval was necessary. In a letter from the Planning Board in 1991, the Planning Board indicated that to acheive compliance with the Town Code, a site plan application is necessary. So, even the town thought, felt that the museum was operating in compliance with zoning, at least the majority of the lot. In any event, the point is Mr. Gasser has taken every step, that the Town has requested. He made an application for site plan, and provided information requested by the Planning Board. In late 1991, the Planning Board indicated that a variance would be required, and Mr. Gasser made an application to the ZBA, in which he provided information to the ZBA, and they told him in '92, there was an indication from the Town, that the use of the property was not appropriate for the zone within which it was Iocatedf and there was a suggestion, that the zone change application be made, and that application is before you. There are various reasons to grant this application. The most important is that, the present use of the property compliments the surrounding property. We all know the property is right in the middle of a business district of Mattituck. The property is near the railroad, where parking is available, and there is an under- standing between the operators of the museum, and the bank in respect to parking on the bank property, next to the railroad. The museum encourageous tourism. Pg 4 - Change of Zone Am . Arm Found This is a goal that was identified in the 1991 US/UK Stewardship Report. I don't think we need a report to indicate the stressing points of tourism to the Town of Southold, and this is well., in Mattituck that brings tourism into the town. The report as logic would indicate that you can't have tourism without some plan- ning, so the environment isn't disturbed. In fact, I suggest that the environment isn't disturbed in this case. It's right in the middle of a business district. It's in a hamlet area. It's enclosed. There's parking available. It's a perfect spot for that use. It's a tribute to our Armed Forces. Another reason why it should be granted. Mr. Gasser advises that there has been 50,000 to 60,000 people, who have visited the Foundation, since 1981, Generals, Congressmen, State Officials, school children, Boy Scouts. There are tours for the disabled for the handicapped, that have been provided. The foundation provides exhibits for libraries, the Strawberry Festival, participates in parades. Mr. Gasser is emisary for the town from Mattituck. With respect to control of the operation, there are a number of government organizations, that have some say in the operation. (tape change) Department of Defense, Town Police, Sheriff's Office, Suffolk County Police. This is not a money making venture. It's just the opposite. All funds, that are brought into the Foundation, go back into the Foundation, plus financed additionally by the Gassers. There's no grants. There's no public money. The Foundation pays real property taxes, and sales taxes. The Foundation operates with volunteers, many of whom are here tonight. I don't have to tell the Board that, the American Armoured Museum has newspaper articles about it from time to time, provides good press for the Town of Southold, and for Matti- tuck, and as the last item, I'd like to hand up to the Board without reading each letter, I'd just like to indicate who they're from, from the Commander of Raymond-Cleaves Point, 861 American Legion in Mattituck, a letter encouraging the grant of this application, from Mattituck, Veteran's of Foreign Wars Memorial Post, again, a letter encouraging passage, from Mattituck Sanitation, John DiVello in support, from Vietnam Seminars, which I believe was read earlier to the Board, from New York Army National Guards in Riverhead by the same manager, from LaSalle Military Academy, from the Department of Army, a letter not requesting in respect to this application, but generally praising the musuem, from the Seaford American Musuem, from a musuem in Middle Country, from the Long Island Military Vehicle Club, from Pack 47, Wolf Den 5. Those are all letters stating highly of the Foundation Musuem, and in support of the application. I'd like to hand them up, and make them part of the record. I would like an opportunity to keep the record open for the limited reason of responding to the Planning Board a report, a written response. It would be brief, and I don't need a lot of time. I haven't had a chance to review it. That's all have now. Thank you. DEPUTY SUPERVISOR PENNY: Excuse me, Mr. Ross, do you have a copy of the Planning Board's report? Do you require a copy? DAN ROSS: No, I don't. I would like one. DEPUTY SUPERVISOR PENNY: That will be available at the Town Clerk's Office. TOWN CLERK TERRY: I'll make sure you get one. DEPUTY SUPERVISOR PENNY: At this time, is there someone else, who would care to speak on this change of zone application? Please come forward to the microphone, and state your name for the record, please. Pg 5 - Change of Zone, Amer. Arm. Found. AUDREY WATSON: I am Audrey Watson from Mattituck. I've been involved in advertising in the area for about ten years, and as an advertising consultant in the area, I can certainly testify to the fact, that without a doubt the Armerican Armoured Foundation has been a leader in the community in advertising for the past ten years. They attract tourism, and they enhance the social entertainment of our town. With an average of 5,000 people coming to the Musuem for a year, according to tourism statitics, this means an average of $S.00 to $7.00 based on persons coming there. They spend money outside the musuem, leaving approximately in our businesses, a bottom line, at least $25,000.00 to $35,000.00. I believe that they're valuable in Mattituck, as well as the surrounding towns, and we can not lose their business in our time of financial crisis. Thank you. DEPUTY SUPERVISOR PENNY: Thank you. Is there someone else at this time? JAMES HINSCH: My name is James Hinsch, and I'm representing the Mattituck Chamber of Commerce. The Mattituck Chamber of Commerce Board voted unanimously to support the zone change. The Mattituck Chamber of Commerce feels that the Tank Musuem is very important element in the tourism in the Town of Mattituck. It's been said several time how many people yearly it attracts, and we feel it's a very important element in the attraction in Mattituck. CARMELLA BORELLI: I'm Carmella Borelli. I'm with theoffice Marie Ongioni, and we are representing the adjacent property owners, Frank and Diane Ammirati. I have a memo, and exhibits, which I would like to hand up to have entered into the record, and we've made copies for everybody. I would like to briefly go through the facts, regarding this piece of property, and it's history, just to get them out on the record. The property was bought by Mr. Gasser in 1981. It was at that time zoned, "C" and Residential. Prior to the purchase in 1980, Mr. Gasser had an informal meeting with the ZBA. Now, some of the exhibits, or most of the exhibits that you have come from the records of other Town Boards, and are not part of the Town Clerk's Office, and that's why we put them together, to give them to you as exhibits. At that informal meeting, Mr. Gasser stated that he had a hobby of armoured vehicles, and he was interested in converting the exixting storage building on the property to a musuem. He was advised by the Board, that they could not render an opinion without an application. An application was never put in to the ZBA at that time. The certificate of occupancy, which was issued to the seller at the time, stated that the property was zoned "C" . The previous portion of the zone "C" is now zoned "LI", and the portion fronting on County Road 48 is currently zoned "RO". At that meeting, that Mr. Gasser attended, he was accompanied by a real estate agent, and we are assumed,that real estate agent was very familiar with the Southold Town Zoning Laws, and that he was aware that a museum was not a permitted use in the zone at that time, nor is it a permitted use to the zone at this time. At some point after the purchase, Mr. Gasser began placing armoured weapons at the site, and designated the parcel a tank musuem. Signs to that effect can be seen on the major roadways, that come into the town. At no time since the purchase of the parcel in 1981 has the musuem been a permitted use at that site. In the fall of 1988, Mr. Gasser installed a gun tower, which is right near the Love Lane entrance. A complaint was made to the Building Department about that, and Mr. Gasser was informed on September 20, 1988, that the tower, itself, was in violation of the Zoning Code, and it had been placed there without site plan approval. A report of the Building Inspector to the Planning Department in 1989 gives a history of this site. It's says, that the Building Department had been receiving complaints concerning the musuem regarding parking and tres- passing on adjourning property., When theyinvestigated they found violations. Pg 6 - Change of Zone Amc.- Arm. Foundation The first was that the tower was installed without obtaining a building permit. The second was that part of property was zoned Residential Agricultural, and it was being used for a business for profit. The third was that site plan approval had never been obtained. In 1989, the Planning Board determined, that site plan was necessary, and then, it seems to have gotten lost in the cracks. There is a two year gap in the files of all Town Boards in regard to this property from 1989 to 1991, when the musuem continued in operation, still in violation of the Code, but nothing was done. There was no fine, no requirements, that the applicant comply with any of the Town's Code. In February of 1991, Mr. Gasser was asked to submit an application for a site plan approval. His attorney requested a waiver on the basis, that the musuem had been in operation for ten years. That statement was such, that it was replied to by the Town, that it may have been in operation for the ten years, but it was improperly in operation for the past ten years. Finally in March of 1991, Mr. Gasser was advised by the Planning Board, that the applicant that the application was expected within thirty days, or the matter would be turned over to the Ordinance Inspector. However, in August of 1991, Mr. Gasser was informed by the Planning Board after they reviewed the site plans, and inspected the site, that he really had to go to the Zoning Board of Appeals first, because he need a variance to have a placement of that gun tower, which is in violation of height required, and the setback requirements. Mr. Gasser waited four months before he went to the Building Deparment to get a notice of disapproval, and he waited six months before he applied to the ZBA, which was not until February of this year. His application before the ZBA was returned, because it was incomplete, and I call your attention to Item B of the ZBA's letter, which when it returned the application request, quote, a copy of the Certificate of pre-existing Use supporting documentation making reference, and certifying the non-use under which this application is requested. Apparently the applicant at that time, when the filed the application with the ZBA, had claimed to be a pre-existing non-conform- ing use. The subject premises were never of pre-existing non-conforming use, because the tank musuem didn't come into existence until Mr. Gasser purchased the property, which was in 1981. The application for a variance was never was never renewed, and the site plan approval was never pursued. In fact, the applicant was before this Board, because the Town Attorneys wrote a letter to the applicant's attorney, and said, you have to do something, and that is why they are here. I would like to call your attention to the EAF, that Mr. Ross takes exception to in terms of the Town's consultants taking exception to the EAF. You have to view the EAF in the context of that the questions were answered, that on the basis of the tank musuem exists, but in acknowledging that fact, you have to acknowledge that the musuem improperly exists, and if the applicant was before you for the first time to that tank musuem there, the answer to the questions on that EAF would have to be different then they are now. The applicant has influencely stated that there would be no change to the area, no increase of traffic, or parking, no disturbance to the character of the area. Those statements have to viewed in the context that exists. Of course, there will be no change in the traffic. Whatever change in the traffic occurred when it was put there. Of course, there will be no change in aesthetics, because whatever change is going to be occurred when it went there in the first place. On page 6 of the EAF, he states there will be no physical change to the site. There will be no physical change to the site. The tanks are already there. The gun tower is already improperly there, not coming to terms with the zoning requirements for setback requirements. Again, there with be no change to the aesthetics, but you have to look at it in the context of the way those are answered. Mr. Gasser was notified in 1988, that he had to take some action, and it is now 1992 Pg 7 - Change of Zone Am~- Arm. Foundation before some action has been taken by the applicant to legitimize, or attempt to legitimize the site. The Town Consultant, Kramer, Voorhis and Associates reviewed the EAF submitted by the applicant, and they noted some corrections, that needed to be made. On page 3, the applicant states that there is minimum vehicular traffic generated, but Kramer states that there are at least one to five per hour. The appplicants states on page 2, that this could be described as a zone change, but Kramer more accurately states, that the entire story by noting that the site has been in violation of the Code since the early 1980's. On page 4 the applicant states, that area would be disturbed, and Kramer correctly notes, that this is the case because the site has already been improperly developed. On page 5, the applicant states, that only site plan approval would be required, and Kramer correctly adds, that if a zone change is granted to this site, the site will not only need site plan approval, but it will need various variances from the Zoning Board of Appeals, because even if they get a zone change, they will still conform to the "HB" requirement. Page 5, the applicant states that it is consistent with recommended use as in the local land use plan, and Kramer correctly notes that this is not the case, rather it is at complete odds with the officially adopted plan. We have added a section in here, that reviews the case law on spot zoning, because we are in agreement with the Planning Department's letter, that addressed, this problem, where they believe that this constitutes, or would constitute spot zoning. The Planning Board reiterates the facts,as I have given them,just now in their report, and they say it would be considered spot zoning unless it's supported by an in-depth study of the zoning pattern in this business district. A New York case law supports this statement. Town law 263, requires that regula- tions must be adopted in conformity with the comprehensive plan. The Town of Southold recently undertook a review of land use in Southold Town, and this area was designated, as it designated, "LI" and "RO". Obviously, this is in conflict with the Master Plan as it exists. The antithesis to a comprehensive plan is known as spot zoning, which has been defined as the process of singling out a small parcel of land for a use classification totally different from that of the surrounding area for the benefit of the owner of such property, and to the detriment of other owners. We believe that is the case. This zone change could only be granted to legitimize what has been in improper use for ten years, and it would it would be to the detriment of other owners, who own adjacent, and nearby property. The applicant purchased this property with knowledge of existing zoning law. He proceeded to establish a use, that was not permitted by the Town Code, and he continued to violate the Code by erecting a gun tower that violates both the setback, and the height requirements. In order to legitimize the site, the applicant does not seek to bring it into compliance with the law, but rather seeks to change the law. According to the Town Consultants, Kramer, Voorhis and Associates, in their report of September 15, 1992, the proposed action will conflict with officially adopted plans, or goals, for the Town of Southold, and even more importantly, the proposed action will set an important precedent for future progress. The report clearly notes, that the "RO" zone adjacent to that portion of the parcel fronting on County Road 48 contains residential dwellings in conforming with zoning, and quote, the location of business uses in that area would cause potential land use conflict. The report goes on to say, that a precedent will be set, which would undermine, and I quote, the integrity of the zoning patterns in this section of the town, and I'm quoting again, and the expansion would not conform to the intention of the Master Plan. In conlusion, Kramer, Voorhis report notes, that even if the zone change is granted, the musuem would still not conform completely with it's new zoning designation. In addition to the variances, that are required for the setback, and height violations for the gun tower, the "HB" district provides, that all permitted uses' must be confined to a fully enclosed building on site. That's the most visual aspect of Mr. Gasser's Pg 8 - Change of Zone Amp" Arm. Foundation musuem. The tanks, and other machinery, which are displayed in the open would be in total violation fo the Code despite the granting of the zone change. Even if Mr. Gasser could, or would, enclose the tanks, and other machinery now on display by erecting a building, we wonder if he could do so, and meet the side setback requirement for such a building, that would be able to get tanks into it. We believe that it is highly unlikely that the applicant would, or could, enclose it in view of the very nature of the equipment, and in fact, when this applicant was before the Planning Board, and they wanted to help him put screening around the fencing, so that it could not be seen, the applicant attempted to avoid com- pliance with the Planning Board's decision by stating that Federal law preempted local law, and the Planning Board could not order them to install screening. However, that position was quickly ripped down, as there is absolutely no federal preemption of local zoning restrictions, as they apply to this particular piece of property. This Board, if it grants the zone change, will be taking only the first step necessary to legitimize this site for even with the zone change, at least three variances, and perhaps more would be required from the ZBA in addition to site plan approval for the Planning Board. We believe that there can be no definition of spot zoning, than changing the zoning of one parcel to benefit one owner, who's use was instituted in violation of the Code, and who would require multiple luther actions by multiple other Boards to attempt to bring the parcel into conformity with it's new zoning designation. I'd just like to that I informally spoke to Dr. Zwieg earlier tonight with regard to any position, that the Planning Conference, or the Task Force had with regard to this zone change, and they said that they were even unaware of this application, but as a general rule, they were opposed to zone changes at this time, until there was a more exhausted study of what we were doing in Southold Town, and that piecemeal zone changing was not, in their belief, a recommended in depth.. That's all I have to say. JUSTICE EDWARDS: I have a question. The already property abuts on the South, and abuts on the East, and it's zoned Hamlet Business, is their a residence within there? Do they live right in that parcel? CARMELLA BORELLI; Yes. JUSTICE EDWARDS: How about the Hawkins, do they? CARMELLA BORELLI: MrS. Hawkins lives there, too. JUSTICE EDWARDS: Are the Hawkins here this evening? CARMELLA BORELLI: No. she's eighty-nine years old. She was unable to attend. Her family's in Florida. COUNCILMAN WICKHAM: Is the foundation a 501C3 charitible tax deducta~le? DAN ROSS: They are certified by the Federal Government. We'll provide the letter. DEPUTY SUPERVISOR PENNY; Is there anyone else, who would like to speak? Pg 9 - PH Change of Zone, Amer. Am. Foundation HANNAH MASTERSON: I'm Hannah Masterson. I live in Mattituck, and I'd just like to say that the Tank Musuem does not really sit well with everyone. We have the question of, just a few things from reading the paper, i~ seems that the Tank Musuem being there prior to approval, does start a precedent. As I read the paper, and I see the small businesses starting up in the Town of Southold it seems always that there ~vas a question that that business provide parking, and in many instances, that was very difficult for the business to do. Now, we see that the parking with this particular business, or musuem, is also, shared with the railroad station, and, also, with the bank. That's seems to be somewhat of an exception. Another thing that I'm questioning on this, and this is just the last thing, as we attend the different parades in Mattituck, and we see the tanks moving up and down, my question is, as a taxpayer is, is there a weight restriction, or do these, what you'd call nice things going along our street? I just have a question on things like this, because I know that there's other properties, that have been under consideration, who have had to meet very strigent requirements prior to being established. I just question, that this could have been in existence for ten years. I was obviously in existence, and nobody questioned, well, how did it get there? Was it properly zoned, and were the variance necessary required? I read the paper, and I see that this person wants to put his garage a little closer, you know, to his property line, and he or she comes in, and asks you about it, so I question the whole procedure. I question it, also, as a taxpayer in view of the fact, that I think there are several people suing the Town of Southold, because they feel that they have received unequal treatment. So, I'll just bring that to your attention, as it's come to my attention, as I read the paper, and as I do these things. Thank you. DEPUTY SUPERVISOR PENNY: Thank you very much. Is there someone else, who would like to speak at this time? ROBERT CLARK: My name is Robert Clark, and I have a house in Mattituck, and I, also, live in Manhattan, and I have a dual residence. The very first time I saw the gun tower, there was a gun in it, and I was on my way to church, and I was on my way to the store to get some milk. I am a believer in musuems. I am a believer in the education, that comes from musuems. I have been to many musuems, and I have been to musuems all around the world. They are inside buildings, where those who want to see what they have to offer, pay their admission, or if they're are free, they go for free, and they see them, but I'm sixty years old. I had three brothers, and seven cousins killed by weapons of war, and why they have a right to exist, those that don't want to see them, don't have to be forced to look at them through mesh fences on the way to church, and on the way to do their shopping. So, some how or other, I don't say the museum doesn't have a right to exist, but it let be where it doesn't offend those who don~t want to look at those kinds of things, and let it be set up, so that those who want to do can pay their admission, and go inside a building, and see them, but out in the middle of a lovely town on Love Lane it's offensive. I don't go to Love Lane anymore. DEPUTY SUPERVISOR PENNY: Thank you very much. Do we have any other comments from the public at this time? JOHN DOOLEY: My name is John Dooley. I live in East Marion, and I'm a volun- teer at the Tank Musuem, and just a few things. I started volunteering just a few months ago, and my initial reaction was, that as the man just before me, you know, it had a lot of weapons of war, and things like that, but we normally look at war as the boys going off to war, and that kind of thing, It's a distant thing. But what's in the tank musuem is not violence, but it's when you go up Pg 10 - PH Change of Zone Amer. Am. Foundation to these tanks you can feel what maybe these people in these wars, World War I, World War II, Vietnam, what they felt. It's real. You, know, you can see the things. You know, a lot of them are in working order. They're there, it's a reality. It's not like a musuem where you're just looking inside at these little display, and you know, kind of using your imagination. It's there, and you can see it, and its' a very valuable resource, as was mentioned in one of those letters. It's a one of a kind. It's one of the few places like this, where you have actual working vehicles from these periods. We have well-maintained vehicles, and you know, you don't even have to be interested in that kind of thing. You know, it's not preaching any bombs, or anything like that, and also, in regards to zoning, you're looking at North Fork, Southold Town here, it seems that we're in a semi-rural area. You know, zoning is enforced strictly by the board here, but I have to admit, I think everyone here has to as well, there's a lot of unzoned, unplanned areas here, that really have been by the wayside, and I think to have a musuem like this, what you have to ask yourselves is, can we have a musuem like this, which has existed for many years, and many people have put a lot of time and effort into it to preserve these things, and we have that jeopardized by just some legal technicality in an area in which we live, and I understand that some people may not want to step out of their house, and maybe look at a tank everyday, but they have to understand what it stands for, and they have to understand why it's there, because last Sunday the Veterans of Foreign Wars, and Veterans in general, came to the Tank Musuem to celebrate Veteran's Day, and it's one of the few places, where they can get together, and, you know, the things that they used are there, and it's something that's very important to them. That's all I have to say. DEPUTY SUPERVISOR PENNY: Thank you very much. Is there someone else from the audience, that would like to speak on this zone change application at this time7 BOB SABIER: My name is Bob Sabier. I'm a volunteer at the musuem. I think you would say it's an ironic fact, that this hearing is occurring on the eve of Veteran's Day. The gentleman, who spoke earlier was offended by sights, weapons of war, and such. I don't think there's any citizens in this nation, who is not offended in the same way that he is. The musuem was established not to glorify, but rather revere the actions of the citizens of this country, that made it what it is today. The vehicles, I have two sons, their grandfather was in an armed unit. Their great-grandfather fought in World War I, and won a Purple Heart. They don't have the understanding. The schools don't teach them what it means to involved in a worldwide global conflict. They come to the musuem with their friends, they're Scouts, Cub Scouts, and such, and they can actually see, and understand what it is about war, that is so hard. They can actually see the vehicle. They can see them in operation, in hopes that as future genera- tions, they will understand what not to do, that was done prior. The saying is, those who do not learn from history condemned forever to repeat it, and the purpose of that musuem is to teach them, and I believe they glean a great deal of that knowledge from just being there, and hearing what Mr. Gasser has to say, seeing the displays as they're displayed in the musuem. The artifaces there, they go back to Revolutionary War right on up to present day, Desert Storm. I don't think there's a better learning environment for that type of education, a musuem of this type. I think it would be a shame to have it closed down, or disrupted in any way. Pg 11 - PH Change of Zon, Am, Arm. Foundation DEPUTY SUPERVISOR PENNY: Is there someone else at this time? BRIAN FLAY: Mr. Deputy Supervisor, Members of the Board, good evening. My name is Brian Flay. I'm a resident of Laurel, and also, a volunteer at the American Armoured Foundation Musuem. In the Soldier's creed of the United State Army, he or she would be reciting, I'm an American Soldier, the protector of the greatest nation on earth, and I'm keeping alive the principals of freedom for which my country stands. The American Armoured Foundation honors and stands for the millions of men, and women, who have recited words like these, and for the millions, that have died for it. I personally feel, that the American Armoured Foundation is a service to the community, and I strongly urge the Board to approve the changing of the zone. Thank you. DEPUTY SUPERVISOR PENNY: Thank you. Is there someone else from the audience at this time? STEPHEN FOX: My name is Stephen Fox. I'm a volunteer for the musuem. I've been an educator in the State of New York for twenty-three years, and currently a secondary level high school teacher, middle school teacher. I've been a Police Officer in this state for five years. I've had many unusual experiences, both in education, as well as in police work. I think the most unique experience that I've had though in my entire lifetime, is has been working with this musuem. This is not a musuem in the traditional sense. This is living musuem. This is a musuem where people from all ages, and all walks of life, can come, can glean what they wish from the materials that we have, and can learn, and if you know what's going on in the schools today, which I'm sure many of you do, there's a great deal that has to be learne~l and we could do ourselves, and our children a great service by offering this resource as a learning experience, and I might add there are many adults, that could learn a great deal as well. The stereotypes have been established regarding military history are in many way preposterous. There is a great deal of educationing, that has to be done, and I think this is probably one of the most unique ways of doing so, and a way which is convenient, and at the same time rational for all of those who wish to partake of it, Thank you. DEPUTY SUPERVISOR PENNY: Thank you. Is there anyone else at this time? DAN ROSS: Just a moment to respond. First, I would need an opportunity, also, to respond to the opposition, that's been put in. I didn't have a chance to see before tonight. Two items, that were mentioned, one, some jumped from the assumption, that a real estate broker was involved in 1981, that Mr. Gasser understood that the property was not properly zoned with use anticipated. I think that's a poor lead, and I believe the Town's correspondance reviewed earlier, the 1988 correspondence from the Building Deparment, and the Planning Board's 1989 correspondence indicates that even the Town was confused with the respect whether the use of the zoning were appropriate. With respect to Mrs. Masterson, and Mrs. Borelli's concerns the approval process in the town often is slow. The Planning Board made a determination in 1989, a site approval was necessary. It's 1992. That's three years. I suggest that that's not all that long for a difficult application such as this is. The applications have been made. We have responded with requests for information, and will continue to respond. Regarding the spot zoning arguements, it's surprising to say the least. You have Hamlet Business property zoned to the west. The opposition, in fact, you have Light Industrial to the east, which allows more obnoxious, greater obnoxious uses. You have Hamlet Business to the south. How you can call zoning 'Pg 12 - PFI Change of Zone Am. Arm. Foundation this, in effect upzoning it, from Light Industrial to Hamlet Business as spot zoning is beyond me. It really is. With respect to..particular concerns, I suggest this Board should leave it to the Boards, to the Planning Board, which looks at these matters very carefully, and to the ZBA. We have indicated, we can provide parking on the site. In respect to the variances, the numerous variances, take a look at the size of the lot. It's a fifty foot lot, sixty foot up here. Of course, you're going to need variances. Most any use would require variances, a lot of that shape. There have been no attenpt to avoid compliance, and I appreciate the Board's time considering this matter. Thank you. DEPUTY SUPERVISOR PENNY: Are there any other comments from the public at this time? CARMELLA BORELLI: Since Mr. Ross, I assume, will be responding to this memorandum, I would like the opportunity in the normal course to reply to his response once he puts it in. That's my only request. DEPUTY SUPERVISOR PENNY: That would be expected. DAN ROSS: I don't see why, sir. She's had a say today. I'd like to respond to that. How long will it go? I would have had my opposition today had I had it. DEPUTY SUPERVISOR PENNY: I think it's up to the Town Board to decide how long it's going to go. We've heard from the public. I would like a couple of clarifications here, because as is outlined in this brief, which was not mentioned publically, although I have already made a disclosure of my relationship to this project before it came before this Board, I did not do so this night, and the opposition was kind enough to remind everybody, that Town Board member George Penny IV, who signed the deed conveying the property to the applicant excuse himself from any part in any deliberations, discussions, or decision in regard to the petition. I've already made this known to the Town Board at the time this application was filed. I've also made it clear, that I don't understand how anybody could interpret something ten years later as my having anything in regard to it. I have no relationship with Mr. Gasser outside of having sold him property through our corporation ten years ago. I stand to gain no monetary consideration, or any other consideration for acting upon this zone change, but I want to thank the opposition for bringing this up. Are there any Town Board members before I give some more comments? Are there any Town Board members, that would like to speak at this time? (No response.) We had some interesting comments, that have been made here. Having been on the Town Board for a period of time, I also went through a Master Plan in the mid-80's, and I recall, and maybe if Mr. Ammirati is here, and maybe if he could clarify my recollection of this, that during the Master Plan Mr. Ammirati property, I believe, was slated to be designated as Residential Office. Did not Mr. Ammirati come to this Town Board, and request that because of the Tank Farm, and the Light Industial Zone next to him, that the Town Board reclassify in the Master Plan his property to Hamlet Business? TOWN CLERK TERRY: Did you come before us for relief petition? FRANK AMMIRATI: When we bought the property, I sat here, and asked that,, there was a moratorium going on,and we asked that that be lifted on us, so we could open a business. I'11, also, bring out at this point, too, that 1986, when my hearing came up, Mr. Gasser said, that I was not in keeping with character of the block. I would like to ask him if, this was keeping in character of the block? 'Pg 13 - PH Change of Zone Am. Arm Foundation DEPUTY SUPERVISOR PENNY: Thank you for responding to my question. I realize that there was some action by you. I would just like to suggest, I mean I've heard this US/UK thing mentioned over, and over, again, and where it says, in the principals from Woodly Associates, Joe Russell, who is a participant in the US/UK study, and part of the original study team, he just came here, made a presentation a few days ago to the town, that, neighbors should have a significant opportunity to effect the uses around them by participating in an informal mediation process, as well as formal, or informal, hearings. Well, I would suggest that the Town Board keep this open for the process, that any other comments want to be brought before the Board by either side, but I would also like to suggest, that the two neighbors here sit down, and figure out a way, that they can manage to work this out amongst themselves. They're both in a business zone. Mr. Gasser is asking for an upzoning, not a downzoning. There is a business next to him, which was originally a residential house, which was changed to Hamlet Business in the Master Plan. It seems to me, that if some middle ground could be struck it might be to the benefit of the applicants, and might be also beneficial to the Town Board in settling this thing, so that you can continue to deal with this as neighbors in the future. I don't think that anyone wishes to see their neighbor go away, but maybe, if the attorneys step aside, and the parties could direct it man to man, or maybe if they could have their attorneys do it. I mean, I'm not going to tell them how to do it, but I think that compromise is very necessary for neighbors to get along with each other. That Tank Farm, and to my recollection in the 1940's when my company bought it, it was used to house during the war New York Telephone vehicles, because there were no other buildings out here, and they kept them out here for emergency purposes, and they used it as a depot. So, this has a long history of industrial uses. It was used by our corporation from the 40's up until 1981 for a storage building. There were trucks that were moved in, and out, of there. There were fork lifts. As a matter of fact, I personally became involved in putting a floor in the building, which was originally a dirt floor, in putting trestles on the inside, so we could open up for storage. So, quite honestly, if that had continued in it's present use, it still would be an industrial storage building, and probably creating more dust and havoc, then is going on there right now. We can go on, and on, with this in this whole area. The Town Board was cognizant when Mr. Gasser came before us. The Town Board, of which I sat as a member, and when he came in, probably before I was on as a Board member, knew that Mr. Gasser. . what Mr. Gasser was doing there. There was no feeling amongst the Town Board members at that time, that there was a problem, otherwise, I believe, that we would have addressed with Mr, Gasser. Mr. Gasser came, and asked for concessions from the Town. He asked for the Town to support him in ways, to give him tax abatements, etc., etc., which the Town declined to do. The Town was fully cognizant of what was going on there. I think if somebody slipped during this process, and somebody knowingly coming before the Town Board, the Town Board acknowledging their existence, possible it was an oversight in the Master Plan, that we did not address the use, that this property was actually being used for, but regardless of the fact we're still here. We still have neighbors, which seem polarized over an issue. I would hope if we recess this for comments for two more weeks, that maybe the neighbors can get together, and work out this, because (tape change) Do both parties understand what I~m asking? We'll give them two weeks. They can work that out amongst themselves. We can't go on forever on this. TOWN ATTORNEY ARNOFF: I just wanted to.. if Mr. Ross could have them in within, say, ten days. Pg 14 - PH Change of Zone Am. Arm. Foundation DEPUTY SUPERVISOR PENNY: Mr. Ross, how quickly could you have some papers? DAN ROSS: Ten days would be fine. DEPUTY SUPERVISOR PENNY: And how long would you take to respond to them? CARMELLA BORELLI: Five days. DEPUTY SUPERVISOR PENNY: How about you doing seven, and they respond in seven, and we can have this whole matter cleared up by the 24th. CARMELLA BORELLI: My client has asked, if we make a request of the Board, that come and make a visual inspection of the properties in the area, including the Tank Musuem. DEPUTY SUPERVISOR PENNY: I'm sure that each individual member may be very interested in seeing what's going on. Does any Town Board members have any comments at this time? (No response.) I'll refer at this time, that the public hearing is closed, and the file will remain open for comments from both parties to be submitted to the Town Board, until November 24, 1992. memo November Southold Town Board Main Road Southold, New York 11971 RAYMOND F. NiNE Re,: Zone Change Application for the American Armoured Foundation Dear Town Board: I have been told Bill and Karen Gasser have aoplied to the Town Board for a zone change that would bring the Museum in compliance with the Town's zoning code. I support the application and any other efforts the Town might undertake to insure the continued viability of the Museum. Bill and Karen Gasser have been active in the Mattituck Chamber of Commerce. The operation of the Museum has been good for the Mattituck business community and the community in general. Very truly yours,. Raymond F. Nine November 9, 1992 Southold Town Zoning Board Main Road Southold, New York To Whom It May Concern: I would like lend my support for the change of zone for the amorican Armourcd Foundation Museum, which is scheduled for hearing on November 10, 1992. The American Armoured Museum is the only museum which dislpays tanks, artillery, helmets etc. on the east coast. This museum which is located on Love Lane in Mattituck is unique and many tourists visit here. This museum is unique which in turn makes Mattituck unique and welcomes vistors to our beautiful town. Thank you. Yoz~rs truly~ . Cathy Simicich Internal Revenue Service Dlib'Jc! I~me~or American Armoured Foundation, 2383 Sth Avenue Ronkonkoma, NY 11179 Inco DepaHmen! of the Tre-'U~'~]-'~'~'~~ ,,,,,, E~loTer Identification N~ber: 11-2576689 Our Letter Dated: October 26~ 1981 Person to Contact: Do~a Steriti Contact Telephoqe Numbq,4-: (617) 565-7776 ~f')/,~_/, ~7 ~,~,..~ t,u ~ar ~ntlemen: ~,, ~odifies our letter of the above date in uhich you ~ould be treated as an organization ~hich is not a private ~o~dation ~til ~e expiration oE your advice ruling period. Based on the information you submitted, we have determined that you are not a private fo~mdation within the meaning of section 509(a) of the Internal Revenue Code. because you are an organization of the type described in section 509(a)(1) 6 170(b)(1)(A)(vi). Your exempt status under section 501(c)(3) of the Code is still in effect. Grantors and contributors may rely on this determination until the Internal Revenue Service publishes notice to the contrary. However, a grantor or a contributor may not rely on this determination if he or she was in part responsible for, or was aware of, the act or failure to act that resulted in your loss of section 170(b)(1)(A)(vi)'status. or acquired Knowledge that the Internal Revenue Service has given notice that you would be removed from classification as a section lT0(b)(1)(A)(vt) organization. Because this letter could help resolve any questions about your private foundation status, please keep it in your permanent records. If you have any questions, please contact the person whose name and telephone number are sho~n in the heading of this letter. CC: · Letter 1050(DO)(7-77) STATE OF NEW YORK TOWN OF SOUTHOLD In the Matter of the Petition of William F. Gasser and The American Armoured Foundation, Inc., For an Amendment to the Southold Town Zoning Code and the Southold Town Zoning Map for the Town of Southold, Suffolk County, New York. ~,ZE~ORANDU~ OF DIANE AND FRANK AM~IR~TI IN OPPOSITION TO THE PETITION FOR CHANGE OF ~ONE STATEMENT OF FACTS The applicant, William F. Gasser purchased the parcel for which a zone change is sought on September 3, 1981 from George L. Penny, Inc.1 (See Exhibit 1).2 In November, 1980, prior to the actual purchase, Mr. Gasser together with a real estate agent sought guidance as to the use of the property from the Zoning Board of Appeals. According to the minutes of the informal discussion Mr. Gasser stated he had a hobby of armored vehicles and he was interested in converting the existing storage building on the property into a "museum". He was advised that the Board could not 1Opponents request that Town Board Member George L. Penny, IV who signed the deed conveying the property to applicant recuse himself from any part in the deliberations, discussions and/or decision with regard to the Petition. 2Only documents not already part of the Town Clerk's file have been submitted as exhibits. property into a "museum". He was advised that the Board could not render an opinion without an actual application. (See Exhibit 2). A certificate of occupancy issued to G. L. Penny, Inc. on August 20, 1981, undoubtedly a requirement of the sale to Mr. Gasser, indicates that building on the property is located on that portion of the property zoned "C". (See Exhibit 3). That portion of the parcel which was previously zoned "C" is currently zoned "LI" and the portion fronting on the County Road 48 is currently zoned "RO". It is fair to assume that since Mr. Gasser was assisted by a real estate agent and purchased from a party very familiar with $outhold Town's zoning laws, that he was himself aware that the use to which he intended to put the property was not a permitted use under the existing code. At some point after purchase, the applicant began placing armored weapons at the site and designated the parcel as a "Tank Museum". Signs to that effect have been erected on the two major roadways leading to Mattituck. At no time since the purchase of the parcel in 1981 was the use for which the parcel has and is being used been a permitted use under the zoning code of Southold Town. In the Fall of 1988, Mr. Gasser installed a "gun tower" at the extreme front end of that portion of the parcel which fronts on Love Lane. A complaint was made to the Building Department and on September 20, in violation of required. (See 1988 Mr. Gasser was informed by letter that he was the zoning code and that site plan approval was Exhibit 4). Mr. Gasser's attorney responded by letter to the Planning Board requesting advice as to whether the tower located on a parcel being used for an improper use required site plan approval. (See Exhibit 5). A report by the Building Inspector to the Planning Department dated January 9, 1989 gives a full history of the site and includes the following: "The Building Department has been receiving complaints concerning the museum regarding parking and trespassing on adjoining property... "When...investigated...found violations to the Code .... "The first is that the tower was installed without first obtaining a Building Permit... "The second is that part of the property on County Road 48 is zoned 'A' Residential/Agricultural and is being used in a business capacity whereby equipment is being displayed .... "The third is that site planning or approval was never obtained to have a museum. On Nov. 20, 1980 Mr. Gasser had an informal discussion with the Z.B.A. but never submitted a formal application." (See Exhibit 6). On February 17, 1989 the Planning Board determined that a site plan was necessary and the Building Inspector was asked to so inform the applicant and, in fact, Mr. Gasser's attorney was copied on the internal memo. (See Exhibit 7). There appears to be a two year gap in the files of all Town departments with regard to this matter and from 1989 to 1991 Mr. Gasser was allowed to continue the illegal and improper use without disturbance, without fine and without being required to comply with the Town's code. However, in February, 1991 Mr. Gasser was asked to submit an application for a site plan (See Exhibit 8). Mr. Gasser's new attorneys requested a waiver based on the fact that 3 the operation of the site had not changed in over ten years. (See Exhibit 9) This statement neglects to add that the use had been and was improper for the entire ten year period. Finally, in March, 1991 Mr. Gasser's attorneys were advised by the Planning Board that an application was expected within 30 days or the matter would be turned over to the Ordinance Inspector for action. That letter calls to Mr. Gasser's attorneys' attention the fact that despite improper operation for ten years Mr. Gasser had been informed in the past that site plan approval was required. (See Exhibit 10). However, lack of site plan approval was and is but one of the irregularities associated with this site. In August, 1991 Mr. Gasser was informed by the Planning Board that his amended site plans had been reviewed and that the Board had inspected the property. He was also advised that the Planning Board could not proceed until Mr. Gasser obtained a variance from the Zoning Board of Appeals for the placement of the accessory structure (the gun tower) as it was in violation of the set back requirements. This was but one of the improprieties of this site. (See Exhibit 11). Mr. Gasser did not seek disapproval from the Building Inspector as a first step to the Zoning Board of Appeals until some four months later (Exhibit 12) and did not file his application with the ZBA until February, 1992 (Exhibit 13) some six months after he was advised to do so by the Planning Board. On February 25, 1992 Mr. Gasser's application to the Zoning Board of Appeals was returned to his attorney because it was incomplete (See Exhibit 14). Particular attention should be given to item (b) in the ZBA's letter of return which reads: "copy of the Certificate of Preexisting Use and supporting documentation making reference and certifying the 'non-conforming use' under which this application is requested..." Apparently, applicant had claimed to be a pre-existing non- conforming use. The subject premises was never a non conforming use, as the "tank museum" came into existence only after Mr. Gasser purchased the property and it was not a permitted use under the prior zoning code. (see Exhibit 2 and the notes regarding the informal conference had by Mr. Gasser and the ZBA prior to his purchase of the property in 1980). The application for a variance was never renewed and site plan approval was never pursued. Rather, in May, 1992 Mr. Gasser applied to this Board for a zone change on the subject property. POINT I - TEE EAF SUBMITTED BY THE APPLICANT NAS INACCURATE AND INCOMPLETE. The applicant's Full Environmental Assessment form answers questions based on the fact that the "Tank Museum" already exists at the site. (See Town Clerk's file). Thus, applicant has inferentially stated that there will be no change to the area, no increase in traffic or parking, no disturbance to the character of the area, etc. Such statements must be viewed in the context of the fact that Mr. Gasser has been operating in violation of the code for ten years. If applicant were first proposing this "tank museum" for the parcel as the basis for the requested zone change, 5 most certainly the answers to the questions would be different. For example: 1. Mr. Gasser on page 6 of the EAF states there will be no physical change to the project site. This is the case because Mr. Gasser has already improperly placed armored vehicles on display at the site and has improperly erected a gun tower. If this parcel were in its pristine state, as it was in 1981, then most certainly these would be considered physical changes to the site. 2. Mr. Gasser on page 9 of the EAF has stated that there will be no effect on the aesthetic resources of the area. Here again this can only be considered an accurate statement in light of the fact that he has been permitted to operate in violation of the code for ten years. If Mr. Gasser were proposing to commence operations as a tank museum at this location at this time, the impact would be devastating to the surrounding area. It is respectfully submitted that the entire application must be viewed in the context of what has occurred with this parcel. Mr. Gasser intended to use the site for a use not permitted by the code prior to purchasing it. He began his improper activities and only after numerous complaints was pressure brought to bear on him to comply with the Town code. Mr. Gasser was first notified that some action was required in 1988. He has continued to stall for four years and only now has sought to justify the existence of the tank museum after the fact by applying for a change of zone. In fact, it was only at the insistence of the Town Attorney by letter dated April 27, 1992 that the applicant finally proceeded before 6 this Board. (See Exhibit 15). It should also be noted that the Town's consultant Cramer, Voorhis & Associates in reviewing the applicant's EAF (See Town Clerk's file) noted some corrections: Page 3 - applicant stated that the maximum vehicular trips generated per hour were "minimal" but Cramer states they are between 1 and 5. Page 2 applicant stated that the action could be described as a zone change but Cramer more accurately states the entire story by noting that the site has been in violation of the code since the early 1980's. Page 4 - applicant stated that no areas would be disturbed and Cramer correctly noted this is the case because that the site has already been improperly developed. Page 5 - applicant stated only site plan approval would be required but Cramer correctly adds that even if a zone change is granted the site will need not only site plan approval but variances from the Zoning Board of Appeals because it will still not conform to the requirements of the code and the HB district. Page 5 - applicant stated the site was consistent with the recommended uses in the local land use plans and Cramer correctly notes that is not the case. Rather, it is at complete odds with officially adopted plans or goals. 7 POINT II - PLAN AND CONSTITUTE8 8POT ~ONING The Planning Board of the Town petition for a zone change and opposition. (See Town Clerk's file). THE $ONE CHANGE IS NOT IN CONFORMITY WITH THE MASTER of Southold has reviewed the has submitted its written The letter dated August 18, 1992 addressed to the ToW~l Clerk reiterates the history of this site as given above in the Statement of Facts and notes that the site has been operating in violation of the code since 1981 and that the applicant was informed in 1988 that he was in violation of the code. The site was in violation of the old Town code and is in violation of the new Town code. The Planning Board accurately states that "the request before the Town, if granted, could be considered spot zoning unless supported by an in-depth study of the zoning pattern in this business district". The Planning Board requested to be a coordinating agency during the environmental review but it appears that the Board did not acquiesce to that request. New York case law supports the statements made in the above letter from the Planning Board. According to Town Law Section 263 zoning regulations must be adopted in conformity with a comprehensive plan. The section states: "Such [zoning] regulations shall be made in accordance with a comprehensive plan .... [and] made with reasonable consideration, among other things, as to the character of the district and its peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the municipality." The Town of Southold previously undertook a comprehensive 8 review of land use and devised a plan to develop the existing area. In fact, the museum was operating in violation of the existing code when the new Master Plan was adopted and yet the planners, who were evaluating zoning districts, saw no rationale to justify designating Mr. Gasser's parcel as HB despite the fact that such a designation would have legitimized the improper existing use. The antithesis to a comprehensive plan is "spot zoning" which has been defined as the process of singling out a small parcel of land for a use classification totally different from that of the surrounding area, for the benefit of the owner of such property and to the detriment of other owners. Rodgers v. Tarrytown (1951), 302 N.Y. 115; adirondack Park Aqency v. Ton-Da-Lay Associates (1978, 3rd Dept.) 401 N.Y.S. 2d 903, app. dis. 45 N.Y. 2d 834; Dexter v. Town Board, (1971) 326 N.Y.S. 2d 205, rev'd on other grounds 339 N.Y.S. 2d 428, later app. 351 N.Y.S. 2d 237, rev'd on other grounds 365 N.Y.S. 2d 506. The court's have specifically held that if a zoning amendment benefits only the owner of the property affected, that amendment constitutes spot zoning whether there is or is not a comprehensive plan. Levine v. Oyster Bay (1964) 259 N.Y.S. 2d 247. While it has been held that it is not invalid as spot zoning to rezone simply because the regulation applies to land owned by a single individual, the courts have had difficulty in discovering a public benefit in zone changes designed primarily to permit a single owner to establish a particular use. Santmyers v. Oyster Bay (1957) 169 N.Y.S. 2d 959; Deligtisch v. Greenburgh (1954) 135 N.Y.S. 2d 220; Evanns v. Gunn (1940) 29 N.Y.S. 2d 368, aff'd 29 N.Y.S. 2d 150; Smith v. Board of A~Deals. This is exactly what is being asked by Mr. Gasser. The Board's attention is called to the matter of Jackson & Perkins Co. v. Martin (1963) 240 N.Y.S. 2d 190 where an ordinance enacted solely to benefit mobile home courts which had been established in violation of an existing ordinance was held to be invalid because it benefited the owners of such courts to the detriment of owners of adjacent land and was not enacted in accordance with a comprehensive plan. Spot zoning occurs when a change is other than part of a well considered and comprehensive plan which is intended to promote the general welfare of the community. Collard v. Incorporated Village of Flower Hill, 439 N.Y.S. 2d 326, 52 N.Y. 2d 594 (1981); Auqenblick v. Town of Cortlandt, 480 N.Y.S. 2d 232 (2d Dept. 1984). ~ CONCLUBION The applicant purchased the property with knowledge of the existing zoning law. He thereafter proceeded to establish a use that was not permitted by the code and continued to violate the code by erecting a gun tower that violates both the set back and height requirements. Applicant has shown a complete disregard for the law and yet has avoided penalty. Now, applicant comes before the Town Board and seeks to undo the plans of established planners by altering the zoning of only his property, a single parcel in the heart of Mattituck, a portion of which is bordered by the residential district. In order to legitimize this site applicant does not seek to bring it into compliance with the law but rather 10 seeks to change the law. According to the Town's own consultant, Cramer, Voorhis & Associates in their report of September 15, 1992 the proposed action will conflict with officially adopted plans or goals for the Town of Southold and even more importantly the proposed action will set an important precedent for future projects. The report clearly notes that the RO zone adjacent to that portion of the parcel fronting on CR 48 contains residential dwellings in conformity with zoning and "the location of business uses in that area would cause potential land use conflict". The precedent to be set would undermine the "integrity of the zoning patterns in this section of the Town" and the "expansion would not conform to the intention of the Master Plan". Finally, Cramer Voorhis' report notes that even if the zone change is granted, the museum would still not conform completely with its new zoning designation. In addition to the variances that are required for set back and height violations for the gun tower, the HB district provides that all permitted uses must be confined to a fully enclosed building on the site. Thus, the most visual aspect of Mr. Gasser's museum - the tanks and other machinery which are displayed in the open - would be in total violation of the code despite the granting of a zone change. Even if Mr. Gasser could or would enclose the tanks and other machinery now on display by erecting a building, could he do so and meet the sideyard requirements and/or lot coverage requirements? It is highly unlikely that the applicant would or could in view of the very nature and size of the displayed equipment. In fact, the applicant previously opposed 11 closed fencing around this property which was recommended by the Planning Board during the abandoned site plan process because it would hinder sight of the machinery from the roadway. At that time the applicant attempted to avoid compliance with the Planning Board's decision by stating that federal law pre-empted local law and the Planning Board could not order him to install screening. However, that position was quickly withdrawn as there is no federal pre-emption of local zoning restrictions as they apply to this property. This Board, if it grants the zone change will be taking only the first step necessary to legitimize this site for even with a zone change at least three variances and perhaps more would be required from the Zoning Board of Appeals in addition to site plan approval from the Planning Board. There can be no better definition of spot zoning than changing the zoning of one parcel to benefit one owner whose use was instituted in violation of the code and who would require multiple further actions by multiple other Boards to attempt to bring the parcel in conformity with its new zoning designation. The application should be denied. Dated: Greenport, New York November 10, 1992 Respectfully submitted, MARIE ONGIONI Attorney for Opponents Frank and Diane Ammirati Adjacent Property Owners 12 STATE OF NEW YORK TOWN OF SOUTHOLD In the Matter of the Petition of William F. Gasser and the American Armoured Foundation, Inc., For an Amendment to the Southold Town Zoning Code and the Southold Town Zoning Map for the Town of Southold, Suffolk County, New York .~uthold T6wn . ,em. t/.~ .~, EXHIBITS IN SUPPORT OF MEMORANDUM OF DIANE AND FRANK AMMIRATI IN OPPOSITION TO THE PETITION FOR CHANGE OF ZONE MARIE ONGIONI, ESQ. Attorney for Opponents Ammirati 218 Front Street PO Box 562 Greenport, NY 11944 516-477-2048 EXHIBIT 1 BLPTWI~q GE~G{ L. PEIN"r, Tmo., n douoltLa eorpol-etio.n, hI~.L~ Ofolk ltl pr~nelPa] office at 8,2und ~venue, ~e~tituck, ~oun~y ox ou~ ,' and State of ~ee lark. . . . ..,, ..,. ~ ~W;~'F'~/'''Gl b..f.l,l~,,uTole,eU,,~.';t,~., au4 other valuable ooasLde~akiou ..,.~ e-------re -mi MmJ~u e,! ,,iN pmrt7 Q! Ihs ~nd red I~r~, "' ~ 'i~,~ : Tork lehJeh {~ k~{Id aa dtK~{h{ iI imlla~l;~:,' ~l~O Bt m ~otnt on th eo~er f~ld ~y the iatereect/on 0{ :.: 3'.'~ ~l Wo~h ~ de~ml 17 minute/ ~ ~eondl Vmmt ~ ~omtl .~'' R~l~ ~ ~o~ ~he Iud nov or romerl~ of Mae~22Lu Berth ,,. q~ de~em O~ minutes ~ meeondm East ~87.~ foot1 n~ ~cE ~ tho ~d now o~ fo~e~2~ br ~omlllu ~ .;,~ Hmdiuo No~h ~5 de~os 1~ minutes M meeo~l Ves~ ~.2S root ~o ' ~: ;~. . ~tbemsterly side of mddle ba~l ' :. ) ~, ~h ~ de.el ~ uinutea ~ Meondl last ~.~ foe~l .~;:.,~ ,. ~ ~ ~uth ~ de.eoB ~7 m~uuteO ~ eoondo Eto~ ~OnS tho - ~ l~d now or fo~orl~ of VinCI ~?~.72 feet to ~d of the ~ lll~ ,.' (:. afl.laid the ~iut or ace flf ~O~O. feet to the corner I~IWO ~B I]~J~]JDKD to beAche oe~s pr~ai#s coursed to the of the first ~ by de~ dated J~u~ ~.~9~ ~d ~co~ed the office or the Clerk of the Co~ty or ~fFolk on Jul~ ~6, ~ ~r ~ P~ ~9. ~ to ~y atari of facts ~ ice.ate ~ey m~ .. fl , : '~ .: Ou tl~ ~z'~ ~'I o! Beptelbe~' 19 8'1~ I~o~,.e L,~-.. ix,.mmny om ~or'~e L, Pem~,. :'t', ~ me k~nt, wh°, belaf b~- m-e- SIuJz. tmw'~-. 4id d~p°~ and :.. . ~ I~a! be ~ldrl st lqa. ~(7~ t:JoU~dvlev Ave. , Soul;hold, fi.l*. 11971 : .; Or'OB L, ~q~r, ' ' EXHIBIT 2 Appellant has appealed to this Board seeking ariance for ..&pp';oval of insufficien area and width of two proposed parcels, approximately 26,400 square feet in area of the northerly parcel, and 136' and 100' in road frontage, respectively. Located on the northerly parcel is a small one-family dwelling, and the southerly parcel is vacant. The Board finds and determines that the relief requested in relation to the Code requirements is not substantial; that if the variance is granted no substantial detriment to adjoining proper- ties will be created; that the interests of justice will be served by the granting of the relief requested; that no adverse effect is produced on available governmental facilities of any increased population; and that no substantial change will be produced in the character of the neighborhood. On motion by Mr. Sawicki, seconded by Mr. Goehringer, it was RESOLVED, that James R. Wheeler be granted a variance to the zoning ordinance, Art. III, Sec. 100-31 for approval of the insufficient area, width and/or depth as applied for. Location of property: Southeast corner of Kenney's and Chestnut Roads, Southold, NY; bounded north by Chestnut Road; east by Dickerson, Wheeler and Conway; south by Dioca, Pierre and Price; west by Kenney's Road. County Tax Map Item No. 1000-59-3-10 and 11. Vote of the Board: Ayes: Messrs. Douglass, Doyen, Goehringer and Sawicki. Absent was: Mr. Grigonis. INFORMAL DISCUSSION. Location of Property: East side of~ ~~to the south side of County Road 27, ~ ituck. Current property owner: George L. Penny ty Tax Map Item No. 1000-140-2-16. , Inc. ~ Mr. Richard Gasser and Mr. Robert Celic of Celic Agency, Inc. in Mattituck both appeared before the Board concerning property located at Love Lane, and extending to the south side of County Road 27, Mattituck, which contains a large pre-existing storage building. Mr. Gasser stated that he has a hobby of armored vehicles-- probably the largest private collection known and was interested in converting the storage building into a "private museum." Mr. Gasser said he would not be charging an admission fee, the museum would be funded by private donations, and would hp ~r~.. -~ ..... - EXHIBIT 3 FORM NO. 4 TOWN OFSOUTHOLD BUILDING DEPARTMENT Office of the Buildin~ b~spector Towo Hall Southold, N.Y- Certificale Of Occupancy THIS CERTIFIES lhat the building ............................................. County Tax Map No. 1000 Section 140 .Block 2 .Lot Subdivision ............................... Filed Map No ......... Lot No .............. Requirements for a Commercial ~uilding Built Prior gertifica~e of Occupancy~n6qo ~ugust 20 d~[~d ............................ 19 . . . , was issued, aml conferms to ~1~ of ll~ requirements of [he app]icabl~ provisions of the law. Tbs occupancy for which [his cer~ificatr ~s issue([ is ......... Storage Building C Zone of ~he aforesaid buildh~E. Suffo}k County Dcparbu~]~ of }]ca]III Approvn~ ...... N./~ ................................ UNDERWRITERS CER/IFICATE N0 .... ~/R ........................................... [hHIding Inspeclor EXHIBIT 4 VICTOR LESSARD EXEC U'I'[VE ADMINISTRATOR (516) 765-1802 OFFICE OF BUILDING INSPECTOR TOWN OF SOUTIIOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 September 20, 1988 Mr. William F. Gasser 2383 Fifth Ave. Ronkonkoma, N.Y. 11779 RE: Suffolk County Tax 01000-140-2-16 640 LOVE LANE, MATTITUCK, N.Y. Dear Hr. Gasser: The Building Department has received complaints regarding the. museum you are operating at the above location. Tile complaints are: I) No Building Permit for the lookout tower. 2) Parking on adjoining lots and driveways. 3) People trespassing om adjoining lots looking thru the fence. In addition there is no evidence of site plan approved or a var- iance to use a portion of the property zoned "A Residential" for bus- iness purposes. _ Please contact this office to avoid any legal action. Thank you for your cooperation in resolving this matter. VRW:hdv Very truly yours, Vincent R. Wieczorek Ordinance Inspector EXHIBIT 5 516 489-3010 JOSEPH P. ABBENDA RICHARD SIMON WILLIAM A STEIN CHARLES M. WE3~-EKE~ October 24, 1988 OF COUNSEL Mr. Bennett Orlowski, Jr., Chairman Planning Board Town of Southold Town Ha11,53095 Main Road P.O. Box 1179 Southold, New York 11971 Re: American Armoured Foundation, Inc. Museum Love Lane, Mattituck, New York Site Plan Approval Dear Mr. Orlowski: We represent Mr. William Gasser, Director of American Armoured Foundation, Inc., who own and maintain a military tank museum at the captioned premises, as a not-for-profit corporation and operation. At the suggestion of Mr. Vincent R. Wieczorek, Ordinance Inspector of the Town of Southold, we are writing to you to request whether site planning approval is necessary for the captioned premises, which is used for the storage and display of military tank and armoured equipment, all of which have been rendered incapable of military use, but have a historical value and interest. We enclose a copy of a survey of the premises, which is L-shaped extending from a 50 ft. wide parcel on Love Lane to a 60 ft. wide parcel on County Road 27 (North Road). The parcel is improved with ,a corrugated metal building, having a width of 55 ft. and a depth of 120 ft. in which equipment is stored and displayed. The portion of the premises on Love Lane having a width of 50 ft. by a depth of 248.50 ft. is used for access to the building as well as for parking and display of equipment. There is a tower located in the southwest portion of the parking area, which is disignated "POW/~AMemorial Tower", having a base of 4 Et. X 4 ft. and a height of approximately 20 feet. This tower was used by the Military during World War II as a gun implacement-lookout tower when the Hilitary used a portion of the frontage along Long Island Sound, ~lorth of the Village of Mattituck as a gunnery range. Equipment stored and displayed in the parking area is relocated according to seasonal requirements, Fifteen parking spaces are Mr. Bennett Orlowski, Jr. October 24, 1988 Page Two available on site at all times. Mr. Gasser has also obtained permission from the North Fork Bank to utilize their parkinq area northerly of their bank building on Love Lane and adjacent to the LIRR track. We would appreciate your reviewing the foregoing and ~dvising as to whether site plan approval is necessary. If you require any additional documentation, please advise, In the alternative, we would welcome the opportunity to meet with the Planning Board to review this matter and provide and supply any additional information or documentation that the Board may require. Thank you for your courtesy in this matter. JPAM/bf Enc. Sincarely, n P.A. Marcin cc: Mr. William Gasser Vincent R. Wieczorek, Ordinance Inspector Planning Board Town of Southold EXHIBIT 6 VICTOR LESSARD PRINCIPAL BUILDING INSPECTOR (516~ 765-1802 FAX(516) 765 1823 OFFICE OF BUILDING INSPECTOR TOWN OF SOUTHOLD January 9, Town [lall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 1989 Bennett Orlowski, Jr., Chairman Southold Town Planning Board Re: American Armoured Foundation Inc. Museum SC~,I g1000-140-2-16 640 Love Lane, Mattituck, N.Y. Dear Mr. Orlowski: I have received a copy of your ruling, dated 12/20/88, concerning the above business. I also read a copy of the letter from Mr. John Marcin dated Oct. 24, 1988 requesting the ruling whether site planning is needed. This letter is a clarification of why I requested the museum to find out about site planning. The Building Department has been receiving complaints concerning the museum regarding parking and trespassing on adjoining property. When I investigated the complaint I found violations to the Code of the Town of Southold. The first is that the tower was installed without first obtaining a Building Permit. The second is that part of the property on County Route is zoned "A" Residential/Agricultural and is being used in a business capacity whereby equipment is being displayed. 48 The third is that site planning or approval was never obtained to have a museum. On Nov. 20, 1980 Mr. Gasser had an informal discussion with the Z.B.A. but never submitted a formal application. Because there has been no site planning the adjoining neighbor is complaining that people are parking their cars on his property and they are walking on his property to look into the museu~ which is not properly screened. I did not issue an order to remedy the violations because I wanted to give the museum an opportunity to follow the normal process to clear up the violations. I by Mr. needed. trust with this additional information that was omitted Marcin you will reevaluate your opinion if site plan is Please advise me of your decision. In the future if a similar situation arises it may be advantageous to contact the Building Department so that all the facts may be presented. Very truly yours, Vincent R. Wieczorek Ordinance Inspector EXHIBIT 7 Town Hall. 53095 Main Road P,O- Box I 179 Southold. New York 11971 TELEPHONE PLANNLNG BOARD OFFICE TOWN OF SOUTHOLD TO: FROM: DATE: RE: Vincent T. Wieczorek Southold Town Planning Board February 17, 1989 American Armoured Foundation Inc. SC~4~ 1000-140-2-16 [4useu/~ It is the Planning Board's determination that a sitc plan is necessary £or the above mentioned sate. Please inform the applicant that a site plan application can be obtained from the Planning Board's office. cc: John P. A. [4arcin EXHIBIT 8 PLANNING HOARD MEMBERS Benneu Orlowski, Jr.. Chairman George Rilchie Latham. Jr. Richard O. Ward Mark S. McDonald Kennelh L. Edwards Telephone (516) 765-1938 CERTIFIED MAIL: PLANNING BOARD OFFICE TOWN OF SOUTHOLD L. HARRIS ~ervisor Town Hall. 53095 Main Road P.O Box 1179 Soulhold. New York 11971 Fax (516) 765-1823 February 4, 1991 William F. Gasser 2383 Fifth Avenue Ronkonkoma, NY 11779 RE: Site Plan American Armoured Foundation Inc0 Museum, Mattituck, N.Y. SCTM~ 1000-140-2-16 Dear Mr. Gasser: After an inspection of the above mentioned site, it has been determined that a site plan is required. A review of our files showed that there is no record of a current site plan. So that you may achieve compliance with the Town Code, a site plan application is enclosed for your convenience. Kindly complete the application fully. Please return it along with the application fee and site plan within 30 days of the date of this letter. If the Planning Board has not received the site plan, the fee, and the enclosed application within thirty days of the date of this letter, this matter will be turned over to the Ordinance Inspector for further action. If you have any questions or require further assistance please contact this office. Very truly yours, Bennett Orlowski, Jr. Chairman Encl. cc: Victor Lessard, Principal Building Inspector Vincent T. Wieczorek, Ordinance Inspector Harvey Arnoff, Town Attorney EXHIBIT 9 WICKHAM, WICKHAM 8, BI~ESSLER, March 7, 1991 Planning Board Town of Southold Southold Town Hall Southold, New York 11971 Re: American Armoured Foundation Inc. Museum Gentlemen: We are the attorneys for American Armoured Foundation Inc. and writing to you in response to your letter of February 4, 1991. You have stated that after an inspection of the premises you believe that a site plan is required. Our client advises that its operation at the premises has not changed in over ten years and that until the inception of the present issue of the site plan requirement there has never been a problem in connection with the use or the occupancy of the premise~. Accordingly, in light of the foregoing we ask you to reconsider your requirement of a site plan. Very truly yours, Eric J. Bressler EJB:vm EXHIBIT 10 PLANNING BOARD MEMBERS Bennett Orlowski. Jr.. Chairman George Rilchie Lalham. Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone ¢516) 765-1938 PLANNING BOARD OFFICE TOWN OF $OUTHOLD CERTIFIED ~AIL RETURN RECEIPT REQUESTED March 25, 1991 SCO]~F L HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Somhold, New York 11971 Fax (516) 765-1823 Eric J. Bressler Wickham, Wickham & Bressler, P.C. Main Road, P.O. Box 1424 Matt(tuck, NY 11952 RE: Site Plan American Armeured Foundation Inc. Museum, Matt(tuck, N.Y. SCTM~ 1000-140-2-16 Dear Mr. Bressler: This letter is in reference to your letter of March 7, 1991, requesting a waiver of site plan requirements for the above referenced property. You state in your letter that the premises has not changed in ten years and that there has never been a problem in connection with the use of the property. Enclosed is a letter that was sent to your client on September 20, 1988 requesting compliance with site plan and variance requirements. A site plan application was sent to your client on February 4, 1991. If the Planning Board has not received the site plan, fee, and the application within thirty days of the date of letter, the matter will be turned over to the Ordinance Inspector for further action. the this Page 2 American Armoured Foundation Inc. If you have any questions or require further assistance, please contact this office. Very truly yours, Bennett Orlowski, Jr. Chairman Encl. cc: Victor Lessard, Principal Building Inspector Vincent T. Wieczorek, Ordinance Inspector Harvey Arnoff, Town Attorney William Gasser, Applicant EXHIBIT 11 PLANNING BOARD MEMBERS Bennetl OiIowski, Jr.. Chairman George Rilchie Lalham. Jr. Richard G, Ward Mark S McDonald Kennelh L. Edwards Telephone 1516~ 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD [. $COrl L. tIARRIS Supcrviqor Town Flail. 53095 Main Roa P.O. Box 1179 Southold. New York 11971 Fan ~516I 765 1823 August 28, 1991 William F. Gasser 2383 Fifth Avenue Ronkonkoma, New York 11779 Re: Proposed Site Plan for American Armoured Foundation, Inc. N/E/c LIRR Right of Way & Love Lane, Mattituck. SC~ff ~ 1000-140-2-16 Zoning: RO (Residential Office and LI (Light Industrial) Dear Mr. Gasser: The Planning Board has reviewed the amended site plans dated July 16, 1991. The Board also inspected the property on August 23rd. We find that before we can proceed, it will be necessary for you to apply to the Zoning Board of Appeals for a variance for the placement of an accessory structure (tower) within the required front yard setback in the LI district. The Board also asks that the following information be shown on the site plan: 1. A plan for complete visual screening of the property. This can be accomplished by thc placement of a wood stockade fence or landscaping (or a combination of same) around the perimeter of the property. 2. The location of the zoning district linc that splits the property; and identification of each district. 3. A notation that a sign will be placed at the entrance to the museum directing visitors to park in the municipal parking lot across the street. Upon receipt of revised plans and a variance from the zoning Board of Appeals, this Board will be able to proceed with your application. In order to apply to the Board of Appeals, you will need to apply to the Building Department for a building psrmit for the tower. If further questions should arise, please contact this office. Very truly yours, Bennett Orlowski, J~. Chairman cc: Victor Lessard, Principal Building Inspector Vincent R. Wieczorek, Ordinance Inspector Harvey Arnoff, Town Attorney Gerard P. Goehringer, Chairman, Zoning Board of Appeals EXHIBIT 12 TOWN OF Sf)tH-IIOI_I) BUILDING DEP,\RTM I-NT TO',','N CLERK'S OI:ITICE SOUIIIOLD. N.Y. NOTICE OF DI~S,\I'PI~.O VAL Date DECENBER 20, 19 9 } - WII.LI?d-I F GASSER 27182 Fifth Avenue Rclnkonkomn, N.Y'. [ 1779 pLE:\fiET..\KE.,N'OTICEthatyourapp[icationdated . . . pEC.E~I_BE..R. ! 7.: ............ 19. 91 [or ~e~r',lt to (]ONSTRUCT TOWER IN FRONT Y/',RD AREA at 640 LOVE LANE ['-IAFIITUEK, N.Y- Locntion of Property' ............................................................... Count'.,' Tax M=p No. 1000 Section .... 1.4_O ........ Block 2 Lot i6 Subdivision ................ Filed ),lap ,";o ................. Lot No ................. isrelurned herewith and disapproved on the fcllo'.vin.~grounds tINDER ARTICLE XXIV SECI~ION 100-2~ IA NON-CONFORblING USE CANNOT BE ENLARGED, ALTERED, EXTENDED, ETC. ACTION REQUIRED BY THE ZONING BOARB OF APPEALS. UNDER ARTICLE XXV SECTION 100-253 ACTION REQUIRED BY THE FLANNING BOARD. T~.~St'l.tt S 3 F IS}lEE RV 1/BO EXHIBIT 13 TOWN OF SOUTHOLD, NEW YOI~K APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE .............................. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N Y. x Kx,~'~xf~['!ERI. CA[[..AR,~!OUREI}..£DUtJDAZ.ION.,...IIICof ..g382..Cifith ..Av. enue ........................................ Nome of Appellant Street and Number Ronkonkoma Municipality · I:!f~:!..y.g..r.~. ......... HEREBY APPEAL TO State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ................................ DATED 12/12/91 ........................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (X) A~,IE q ! q A r:[..A.EIj. O.V.%.p...EO.g.[i.~.5.l [~[!,..! [!~ .. .............. Name of Applicant for perm,t X ? ............. .............................. ................ Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY PERMIT to maintain a 25 foot 8' by 8' accessory structure. I. LOCATION OF THE PROPERTY L~..L~n~/t.I.i.~,O.!.e...R.9..~..:J....c...R....e.Z..L.L/..R._0 ............................... S[reet /Hamlet / Use Distri¢[ on Zoning Map D~strict 1000 Section140 Block2 Lot 16 ..... ~ ..................................................................... : ........ Cu~.~.~ Owner William ¢a~er Mop No. Lot No. 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) ArticieXXIV Section 100-241A Article ×ZV section 100-142 3 TYPE OF APPEAL Appeal is made herew,th for (please check appropriate box) ( × ) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack o~ access (State of New York Town Law Chap. 62 Cons. Lows ),lqnd "'J OIPN , _'.A.; .[' I ..., ................... u jo.*,S ~O ADp ...... :~,~ ~:~/Y S'HI ol BOARD OF APPEALS, TOWN OF SOUTHOLD In the Mailer or lhe Petition of : Ah'EPICAN ARHOURED FOUNDATION, INC. : to the Board of Appeals of Ihe Town of Soulhold : TO NOTICE TO ADJACENT PROPERTY OWNER YOU ARE ftEREBY GIVEN NOTICE: I. Thai i! is the inleotion oflhe undersi§ned lo petilion the Board .f Appeals of Ihe Town of Soulhold IorequesraF{_~/-arian~e);(special Exception) (SpeciaIPermil) (other) [ci£cle choicel To allow a tower in the front yard. ). 2 Thai the properl,~ which is the subjec! of the PeTition is located adjacent Io ,Four property and is des- cribed as follows qETM rio. 11~1~1./14Cl/2/16 Thai Ihe property which is Ihe subject of such Petition is located in the followm~ zoning: district: I ioht Tndu~trial 4 If,al h'. ~uch Pc'Ti[Jun, [he undersigned will reques[ ihe following: relief' permission to maintain ~01,1/[L[A_t~emor_ial Tnw~r at fhp pr~mi~ 5 Thai Ihe provisions of the Soulhold Ios,,n Zonin[~ Code applicable lo [he relief soul]hl by [he under- signed are A/tlclo XXIV ~on~ d ~ , ~00-142 [ ] Section 280-A N~w Ymr~ T ..... I .... ~ ............. PROOF OF MAll.lNG OF NOTICE .ATTACH CERTIFIED MAIL RECEIPTS ...... .J FIRS. FFank ArllnleratJ :'.:. '..','. :.:' .a Island RailFoad .......... ./,ma i ca Station .'jamaica, n.Y. llq35 ADDRESS P.O. Box 77-.1, Cutchoaue, flew York .E ]935 Love Lane - P.O. Box 218, r.lattituc[:, Hew 'fork 11952 730 Love Lane, l.latti~uck, New 'Fork ..]]952 Att: James T. Burns, I.!anager Community Re]ations C_ 617.21%_ Appendiz C State Environmental OuaNly Rev -w SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFOR~MATION (To be comcreted bv AoDlicar:.t or Project sDonsor) SEQR AMFP1'FAN APMOIIRFD FOIINDATION. IHC. IAMERICAH APMOURED MUSEUM 3. ~o~ LOCAnO~ ~u"mcm:~"~HnffihmrN in fhP Town of So~thold C.u.w Suffolk Love Lane/Middle Road C.R. 27 at Mattituck scm i000/140/2/16 6. DESCRIBE PROJECT BRIEFLY: P.O.ll_ -M.I.A. Memorial Tower ?. AMOUNt OF LAND AFFECTED: Ini,iallv o' hv R' 8' by 8' [] ;'Jo ri No. d.sc~,~e o/,efly Planning Board for the Town of Sou~hold If Ihe ac!ica is in Ihe ¢oaSlBI Area. and you are a Slale agency, complete the OVER ! (Continued on reverse side) Do state whether or not applicamlons are pending concerning the~e premises before 1ny other department or agency (State, TOWn, Counsy, Village, etc.): Tcwn ~oard Yes Count? Heslth Department YES Village of Creenport Yes If yes, please submit copy of names or pucchasers and conditions of sale. (from contract) Yes t~' you made application to the Town Trostees for an requirements of Ch. 97 of the Town Code? Yes tlO~ ;~: 1/66 EXHIBIT 14 APPEALS BOARD MEMBERS' Gerard P. Gochrinp. er, Chairman -'~' J' ':'~ :" Charles Gri~onis, Jr. ~ ~ :~ -' Ser~e Doven Jr. 5 -, James Dinizio, Jr. .'".. "?e=,~' z.,,,:. . Robert A. \.'ilia ' Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOIT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone {516) 765-1800 February 25, 1992 Daniel C. Ross, Esq. Wickhmn, Wickham & Bressler, P.O. Box 1424 Nattituck, NY 11952 Re: Variance Request- Tower Structure American Armoured Foundation, Inc. (William Gasser) Dear Mr. Ross: The above application has been reviewed and has been declared incomplete pending receipt of the following: (a) seven copies of a construction diagram indicating the dimensions, base, width at the top, height at the top, height from ground level, of the subject structure; (b) copy of the Certificate of Preexisting Use and supporting documentation making reference and certifying the "non-conforming use" under which this application is requested, together with a sketch or similar plan delineating the nonconforming use areas; (c) copy of the current deed of the premises and original print of the most recent survey; (d) confirmation as to the exact setback distances of the subject tower to the northerly, westerly and southerly property lines; (e) the application and neighbor notice forms indicate that you are requesting a variance at Article XIV, Section 100-142 and Section 100-24A, both of which appear incorrect. Technically, the neighbor notices should be corrected and re-sent. (f) copy of permit and sketch accompanying the town permit as approved by the Town for the existing fence {including height of fence}; EXHIBIT 15 H.\RVEY A. ARNOFF Town AaorTley ~dA'T-EtlEW G. KIERNAN OFFICE (IF TIlE TOWN ATTORNE~ TOWN OF 5OU'FHOLD ~,pril '27, 1992 Daniel C. Ross. Esq. Wickham. Wickham $ Bressler Main Road P,O. Box 1~2L~ Mattituck, NY 11952 Re: American Armoured Foundation. Inc. Dear Mr. Ross: SCOTI" L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 .~oulllold, New York 11071 Fax (516) 765 1823 Telephone (516I 765-1800 Reference your letter to me of April 22, 1992, be advised that I have reviewed same and concur in part with your suggestions. My concurrence is limited, however, to your making an immediate application for a zone change on the property. I cannot see the validity of your processing any matters before the Planning Board or the Zoning Board until that matter is resolved. Of course, if you feel otherwise, you are free to make whatever applications you deem appropriate. Finally, I must stress to you that I cannot sit idly by and allow a known illegal use to continue within the Town. Consequently, I must have from you a firm, binding time frame within which I can anticipate a completed application for a zone change or whatever other applicable relief you choose to pursue or I shall have no alternative but to take other steps to protect the interest of this municipality. I do not wish by this letter to imply either my office's acceptance or rejection of your clients activities, but merely my present interpretation of the activities which are being conducted on the subject premises. Very truly yours, Har~'ey A. Arnoff / Town Attorney// HAA:mls cc: Zoning Board of Appeals Planning Board AMERICAN ARMOURED FOUNDATION, INC. TANK AND ORDNANCE WAR MEMORIAL MUSEUM BACKGROUND SHEET American Armoured Foundation, Inc.. (A.A.F.) is one of the largesl Tank and Ordnance War Memorial Museums iu America. A.A.F. is a "Living" Museum dedicated to houor all Veterans. A.A.F. specializes in the restoration and preservalion of Tauks and Artillery. Started in 1081, A.A.F. is a non-profit charitable organization. All contributions and donations to the Museum are tax deductible. A.A.F.'s purpose is lo educate the general public to the sacrifices made by so many of our men and women. A.A.F. teaches about these sacrifices thru the illustrations of war and its weapons. A.A.F. increases Ihe public's awareness to the realities of war and serves as a reminder about those who have served, those who are missing, aarl of those who were lost in war or conflict. There have been many articles written about the Museum by Newsday, New York Times, Suffolk Times, and re;my others. A.A.F. has been interviewed by Channel 12. WNYG Radio and by WNBC News TV. Before 1981 some of the items that make up A,A.F. today, belonged in a collection that was owned by William Gttsser. Mr. Gasser felt that this collection would be beueficial in educating the public to the sacrifices made and the technologies of war, therefore he established the A.A.F. non-profit charitable organization and donated his collection to the Museum. Mr, Gasser is slill active as Director and Curator of the Museum, and his knowledge of military history has been a great asset to the Museum. A.A,F. presently displays over 65 Tanks and Artillery pieces from Civil War thru Operation Desert Storm. Large collections of Tank Uniforms and Tank Helmets along with over 40 International Military Rifles and a weapons collection that displays over 150 machine guns, bazookas, flame throwers, ~nortars, recoilless rifles, and countless other military equipment. To date A.A.F. has had tea's of thousands of visitors pass thru its door. Many have left with a better understanding of what war is all about and of the sacrifices made by so many for something we hold so dear - Ih'REEDOM! Cler~ ~ Wolf Den 5 Tank Museum 2383 Fifth Avenue Ronkonkoma, N.Y. 11779 Dear Mr. Gasser, Thank you from Cub Scout Pack 47 for a most enjoyable time nouring the Tank Museum. The boys got a thrill climbing inside one of the monsters (Tanks) that. you have on display. Our tour guide, Mr. Bob, was very knowledgeable about the museum and the hundreds of displays that we saw. The Pack learned many interesting aspects of military histo~r, which you do not find in the history books. Again, thank you, we all really enjoyed ollr visit. Ron Trembly Pack 47, Wolf Den 5 LONG ISLAND MILITARY VEHICLE CLUB 27 October 1992 Mr. William Gasser American Armoured Foundation, 2383 Fifth Avenue Ronkonkoma, N.Y. 11779 Dear Bill, On behalf of the Long Island Military Vehicle Club, I would like to thank you and Karen for the fabulous time that our members had touring the Tank Museum on Sunday. You have done an incredible job in the last 12 years and it is something both you and the community should be proud of. Preserving military vehicles is a mighty task in itself, as you know, but the museum has taken the preserving of not only vehicles but this countries milita~r history to new heights. Keep up the great work! Respectfully, Richard Harris, Jr. Secretary, LIMVC ReconReport · Box7, Aquebogue, N.Y. 11931 May 26, 1992 American Armoured Foundation 2383 5th Avenue Ronkonkoma, New York 11779 Dear Mr. William Gasser, The staff of the Middle Country Public Library would like to thank you and your organization for participating in the library's 4th annual International Museum Day. Your exhibit was wonderful and was enjoyed visitors that attended. We are in hopes that will consider returning next year. by the many the museum Sincerely, Sharon Breen, Children's Librarian tEAFORD AMERICAN LEGION EDWIN WELCH JR. POST 1132, INC. FOR GOD AND COUNTRY J~nuary q.O~9 ],.morican /:r'flo~_?e'] Love T,~.!le ' ,Wattii:uck, ~!, i; Attention: Dear gill, Thank you for ncceo1-!.n.? 'khc donate, on of The Y!nr!d V!ar II cannon from the Seaford American Te:~i.~n Post ~}~.132 to the ~ !~seum. Enclosed is a ,~%cture %a'.'.en December 3_], lnq~ presenting' the MIA~POVI Fla~ tn who may have a tank, cannon, mach[~e ?.m, o~c. from anl' ,,'i~r ~o donate same to E[].I. Gasser at: ~h[s re'~utalo!e or~nlza2ion. El!! Gasser 7,,as ':iud e~knU[.'h +o ..-ire Us a t-ur of the 5?dseum one Sunday in .mee~mber. sta~es of Al-SO , -~i.'". r ex±en.~ed our mem~;ors a snoq;_~ ~.nv'_+~.t~nn tn tour the estabiichmont. Yours for God S: Cou_utr?..t, Sea, ford Ameridn. n Lc,"i~n DEPARTMENT OF THE ATZDMA-B 3 Nov 86 TO WHOM IT MAY CONCERN: ~r. Gasser of the American Armoured Foundation, Inc. has been getting donated.Army equipment from across the country. He has done a fine Job in securing the equipment and try~nZ to renovate the equipment back to its original form. He has obeyed all Army regulations and Federal Fire Arms regulations. Mr. Gasser is a great inspiration for others to follow. Ee has been keeping a part of b/story alive and well and it has been my honor to know this gentl~n and hope he will be able to keep up with his success of the Museum. ,. GREG~RY,.ltl MCKEON Chief, Maintenance LA' SALLE 500 Monlauk Highway · Oakdale, NY 11769-1796 (T) 516-589-0900 · (F) 516-5B9-1830 MILITARY ACADEMY 25 August 1992 To whom it may concern: La Salle Military Academy has provided two World War II 3 inch guns to the A.A.F Inc. Tank Museum in Mattituck, New York on indefinite loan. Mr. William Gasser is Director of this fine museum. We would recommend this organization to anyone who might contribute appropriate artifacts. Sincerely, brother Thomas Casey, FSC Principal BTC:mar COMPANY D (HVY MAINT) 42D MAIN SUPPORT BATTALION NEW YORK ARMY NATIGNAL GUARD 1405 Clld Country Road Riverhead, New York 11901-2026 November 6, 1972 Training Management Mr William Gasser American Armoured Foundati,:,n 2383 5th Ave Ronkc. nkoma, NY 1177'B Dear Mr. Gasser: This will serve as a LETTER OF RECOMMENDATION for your Tank Museum facility located at Love Lane/ Mattituck, NY. On behalf of our unit commander I would like to thank you for allowing our unit to conduct' maintenance mission training at the museum, saving tax expense by training in the local area. The museum has a positive effect on the community. It serves as a memorial to soldies past, present, and future. You can count on the support of this organization. We cl3ncidr with your goal of recognizing those who served our country. Louis .J. Mazzarel la SFC:, NYARNG Training Manager VIETNAM SEMINARS & CONSULTING PO Box 103 Coram, NY 11727 THE SUPERVISOR AND ALL BOARD MEMBERS Town of Southold Main Street Southold, New York 11971 November 10, 1992 Dear Supervisor and all Board members, This letter concerns the change of zone application of the American Armoured Foundation. I have lectured on war internationally, and have visited military museums in Russia, The Ukraine, Poland, France, and The Netherlands, as well as across the United States. I can attest, with first-hand knowledge, that the AAF Museum is World Class in presentation and quality. The AAF could serve as the touchstone by which other military museums be measured. You should feel very proud to have such a superb museum in your Township. Therefore, it is with great confidence that I ask you to grant the change of zone regarding the American Armoured Foundation property. Thank you for the opportunity to address this most important matter. Respectfully, William W. Stilwagen Executive Director (516) 924-8861 800 WICKHAM AVENUE DRAWER 1402 MATTITUCK, N.Y. 11952 (516) 298-8688 November 5,1992 To Whom It May Concern, I write ~is letter in support of the American Armoured Foundation. More important than being a tourist attraction, the museum is a reflection of our military history and te~lnology in our century. It is the only museum of its t~De on Long Island and at least the tri state area. To view anything similar to the American Armoured Foundation Museum would be a half days drive to Washington D,C. Respectfully, John M. DiVello VETERANS OF FOREIGN WARS MATTITUCK MEMORIAL POST NO. 11117 VETERANS HALL - W|CKHAM AVENUE MATTITUCK, NEW YORK 11952 8 November 1992 To all concerned: We the Veterans of the Mattituck Memorial Post #11117, support the American Armoured Foundation Inc. It makes us feel proud that the items on display, at the Tank and Ordin- ance Museum helped to make our nation strong and free. The Foundation(museum) also brings enjoyment to young and old, when they visit our community. When tourists visit the.museum, they also visit our stores and shop at our farm stands. The Foundation is also a nonpolluting, noise free op- eration in our hamlet. We believe the benifits to the community are immense. WAM:cm Thank yo~, william A. Macomber V.F.W. Commander RAYMOND CLEAVES POST AMERICAN LEGION Mattltuck, L. I., iq. Y. 861 November 6, 1992 To Whom It May Concern: We the members of Raymond Cleaves Post 861, support whole- heartedly, the American Armoured Foundation, Inc. Not only does it brin§ back the nostalgia of s~m~ of the most important times of our lives, during the formative years, but gives our youth a feel of what it is like to be a part of the strongest country in the world. As a museum, we believe it to be a great asset to the com- munity by promoting tourism. ~en Dad brings the wife and kids out to show them "What he did in the war", they have to eat somewhere and after seeing the countryside may decide to buy and move out here permanently. Thank you. Sincerely,, Howard L. Wells Cc.~nander H~W/imw Southold Town Board Main Road Southold, New York 11971 Re.: Zone Change Application for the --American Armoured Foundation Dear Town Board: I have been told Bill and Karen Gasser have aDplied to the Town Board for a zone change that would bring the Museum in compliance with the Town's zoning code. ~ support the application and any other efforts the Town might undertake to insure the continued viability of the Museum. Bill and Karen Gasser have been active in the Mattituck Chamber of Commerce_ The operation of the Museum has been good for the Mattituck business community and the community in general. Very truly yours, Raymond F. Nine November 9, 1992 Southold Town Zoning Board Main qoad Southold, New York To Whom It May Concern: I would like lend my support for the change of zone for the american Armourcd Foundation Museum, which is scheduled for hearing on November 10, 1992. The American Armoured Museum is the only museum which dislpays tanks, artillery, helmets etc. on the east coast. This museum which is located on Love Lane in Mattituck is unique and many tourists visit here. This museum is unique which in turn makes Mattituck unique and welcomes vistors to our beautiful town. Thank you. Yo~%r s truly,- Cathy fimici¢'h VI ETN,,--,,M SEMINAR5 & CON 3ULTING PO Lox 103 Coram, ',IY 117'27 THE SUPir. R':ISOR AND ALL D,'~,~2~D MEMBER?, Towp. of Southold Main Street Southold, b,'ew York 11971 Novemter 10, 1992 Dear Supervisor at~d all Iloard members, c ~,,l__,.i b v z~J. c aj:i2t ~,~..ir, x ,ff tae American Am~oure,:! Foundation. ~mi~c, Poi,md. France. and ~qv ~herl rids. as we!! a~ :,cre~s the United S:ates. I can att,%t, with first h~md kno~kdg% fl-,a' the A ~ F Mu~mu is E.(n//d GS~s.~: i;~ 5, resentahon and qm~;y- Tkv ~&F could -¢r.'e as th~ tot d,shmc b; ~hich od~er milhaD' r:~umms ~ 'q'~.-'refore. ~t -s x~h .~c~'.~'C~. I ' .... ]~n''~ ,--hr J,' ask ,~Ou lo grant the change o: zo~.e r~garding :he American Ar ~,.;ur,';] Foun:!afion pr,;p.rt.,,'. Thank you .*.-er ~heo¢[×.-,,,,m,¢'"- ~.c, ,:ddr-r's.~ '.hi~, mosl Lmp)_nam ma:let. Res Fecffull:,, / William W. Stilwag~n Executive Dircc':or (516) ,)24-8861 LEGAL NOTICE NOTICE OF HEARING ON PROPOSAL TO AMEND ZONING ORDINANCE AND MAP Pursuant to Section 265 of Ihe Town Law and requirements of the Code of the Town of Southold, Suffolk County, New York, a public he~riug will be held by the Town Board of the Town of Southold, at the Somhold Town Hall, Main Road, Southold, New York, at g:00 P.M., Tuesday, November 10, 1992, on the proposal of William F. Gasser and the American Armoured Founda. tion, Inc_ to amend the Zoning Code (including the Zoning Map) of the Town of Southold, Suffolk County, New York, on certain property located on the east side of Love Lane, north of the Long Island Railroad and Frontage on C.R. 48, Mattituck, New York, by changing the cur- rem zoning from Light In- dustrial ("LI') District and Residential Office ("RO") District to Hamlet Business ("HB") District. Any person desiring to be heard on the proposed amend- ment should appear at the time and place above so specified. The legal description of the aforesaid property is as follows: All that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Mattituck, Town of Southold, County of Suffolk aud State of New York, which is bounded and described as follows: BEGINNING at a point on the corner formed by [he intersection of the nor- theasterly side of Love Lane with the northwesterly side of property of the Long Island Railroad and from said point of beginning: running thence northwesterly along the nor- rheasterly side of Love I...~ne North 35 degrees 17 minutes 40 seconds West 50 feet; running thence along the land now or formerly of MacMillian North 45 degrees 0.~ minutes O0 seconds East 187.64 feet; runn- ing [henc~along the land now or formerly of MacMillian and Hawkins North .t5 degrees 17 minutes 40 seconds West 336.23 feet to the southeasterly side of Middle Road; running thence northeasterly along the southeasterly side of Middle Road, North 55 degrees 02 minutes 20 seconds East 60.00 feet; running then South 315 degrees 17 minutes 40 seconds East along the land now or formerly of Wines 375.75 f~et to land of the Long Island Railroad Company; running thence along land of the Long Island Railroad Company South 45 degrees 05 minutes 00 seconds West 248.50 feet to the corner aforesaid and point or place of BEGINNING. Suffolk County Tax Map No. 1000-140-2-16, Area: 312,109 lt. DATED: October 6, 1992 JUDITH T. TERRY SOUTHOLD TOWN CLERK IX-10/29/92(2) COUNTY OF SUFFOLK 51ALE OF NEW'fORK Patric)a Woc~cl, being duly :,v.(un, sa},s that <h,. ,- ~:,. Editor, of TH£ lONG ISLAND 'IRZ\\'ELER-Wa, q a pubbc newspapel printed at SoL~thold, in Sufl'c,lk ~ ,~, i Swc,rn t,~ hefine hie Ihis c"~ ~' Notary Public NOTARY PUBLIC, EMs 0f ~.:e'. Yor~- No. Qualified ~n Suffolk County . C0mmissi;JI Expires ~/~t/~ LEGAL NOTICE OF HEARING ON pROPOSAL 'FO AMEND ZONING ORDINANCE AND MAP ~lat o~ i~lJ~ee of klffCINNIN~. ~if- STATE OF NEW YORK) ) SS: COUNTY OF Cara Conklin of Mattltuck, in said County, beln~ duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES. weekly Newspaper, published at Mattltuck, in the Town of Southold, Cotmty of Suffolk and State o! New York, and that the Notice of which the annexed is a printed copy, has been regular- ly published in said Newspaper once each week for one weeks successively, commencing on the 29th day of October1992 . Principal Clerk STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) JUDITH T. TERRY, Town Clerk of the Town of Southold, New York, being duly sworn, says that on the 16th day of October 1992 she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, Southold Town Hall, Main Road, Southold, New York 11971. Legal Notice, Notice of Hearing on Proposal to Amend Zoning Ordinance and Map - William F. Gasser and the American Armoured Foundation, Inc., 8:00 P.M., November 10, 1992, Southold Town Hall. Judith T. Terry / Southold Town Clerk Sworn to before me this l~th day of October__ · 1992. UNDA J. COOPER No~y Public, $~ate of New*fork No. 4622563, Suffolk County ~, ~ Term Expires Dsce~be~ 31, 19 LEGAL NOTICE NOTICE OF HEARING ON PROPOSAL TO AMEND ZONING ORDINANCE AND MAP Pursuant to Section 265 of the Town Law and requirements of the Code of the Town of Southold, Suffolk County, New York, a public hearing will be held by the Town Board of the Town of Southold, at the Southold Town Hall, Main Road, Southold, New York, at I1:1)0 P.M., Tuesday, November 10, 1992, on the proposal of William F. Gasser and the American Armoured Foundation, Inc. to amend the Zoning Code (including the Zoning Map) of the town of Southold, Suffolk County, New York, on certain property located on the east side of Love Lane, north of the Long Island Railroad and frontage on C.R. 48, Mattituck, New York, by changing the current zoning from Light Industrial ('iLl") District and Residential Office ("RD") District to Hamlet Business ("HB") District, Any person desiring to be heard on the proposed amendment should appear at the time and place above so specified. The legal description of the aforesaid property is as follows: All that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Mattituck, Town of Southold, County of Suffolk and State of New York, which is bounded and described as follows: BEGINNING at a point on the corner formed by the intersection of the northeasterly side of Love Lane with the northwesterly side of property of the Long Island Railroad and from said point of beginning: running thence northwesterly along the northeasterly side of Love Lane North 35 degrees 17 minutes 40 seconds West 50 feet; running thence along the land no w or formerly of MacMillian North 45 degrees 05 minutes 00 seconds East 187.64 feet; running thence along the land now or formerly of MacMillian and Hawkins North 35 degrees 17 minutes 40 seconds West 336.23 feet to the southeasterly side of Middle Road; running thence northeasterly along the southeasterly side of Middle Road, North 55 degrees 02 minutes 20 seconds East 60.0~) feet; running thence South 35 degrees 17 minutes 40 seconds East along the land now or formerly of Wines 375.72 feet to land of the Long Island Railroad Company; running thence along land of the Long Island Railroad Company South 45 degrees 05 minutes 00 seconds West 248.50 feet to the corner aforesaid and point or place of BEGINNING. Suffolk County Tax Map No. 100(]-140-2-16, Area: 32f109 sq. ft. DATED: October 6, 1992. JUDITH T. TERRY SOUTHOLD TOWN CLERK Page 2 - Gasser PLEASE PUBLISH ON OCTOBER 29, 1992, AND AFFIDAVIT OF PUBLICATION TO JUDITH TERRY, HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971. Copies to the following: The Traveler-Watchman The Suffolk Times Town Board Members Town Attorneys Daniel C. Ross, Esq., Attorney for the applicant Southold Town Planning Board Southold Town Building Department Southold Town Clerk's Bulletin Board FORWARD ONE (1) TOWN CLERK, TOWN NOTICE OF HEARING ON PROPOSAL TO AMEND ZONING ORDINANCE AND MAP Pursuant to Section 265 of the Town Law and requirements of the Code of the Town of Southold, Suffolk County, New York, a public hearing will be held by the Town Hoard of the Town of Southold, at the Southold Town Hall, Main Road, Southold, New York, at Ii:00 P.M., Tuesday, November 10, 1992, on the proposal of William F. Gasser and the American Armoured Foundation, Inc. to amend the Zoning Code (including the Zoning Map) of the town of Southold, Suffolk County, New York, on certain property located on the east side of Love Lane, north of the Long Island Railroad and frontage on C.R. 48, Mattituck, New York, by changing the current zoning From Light !nd;.,~trial ("LI"? District 9nd Residential Office ("BO") District to Hamlet Husiness ("HB") District. Any person desiring to be heard on the proposed amendment should appear at the time and place above so specified. The legal description of the aforesaid property is as follows: All that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Mattituck, Town of Southold, County of Suffolk and State of New York, which is bounded and described as follows: BEGINNING at a point on the corner formed by the intersection of the northeasterly side of Love Lane with the northwesterly side of property of the Long Island Railroad and from said point of beginning: running thence northwesterly along the northeasterly side of Love Lane North 35 degrees 17 minutes 40 seconds West 50 feet; running thence along the land no w or formerly of MacMillian North 45 degrees 05 minutes 00 seconds East 187.64 feet; running thence along the land now or formerly of MacMillian and Hawkins North 35 degrees 17 minutes 40 seconds West 336.23 feet to the southeasterly side of Middle Road; running thence northeasterly along the southeasterly side of Middle Road, North 55 degrees 02 minutes 20 seconds East 60.00 feet; running thence South 35 degrees 17 minutes 40 seconds East along the land now or formerly of Wines 375.72 feet to land of the Long Island Railroad Company; running thence along land of the Long Island Railroad Company South 45 degrees 05 minutes 00 seconds West 248.50 feet to BEGINNING. Suffolk County ft. DATED: October 6, 1992. the corner aforesaid and point or place of Tax Map No. 1000-140-2-16, Area: 32,109 sq. JUDITH T. TERRY SOUTHOLD TOWN CLERK Page 2 - ~asser PLEASE PUBLISH ON OCTOBER 29, 1992, AND AFFIDAVIT OF PUBLICATION TO JUDITH TERRY, HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971. Copies to the following: The Traveler-Watchman The Suffolk Times Town Board Members Town Attorneys Daniel C. Ross, Esq., Attorney for the applicant Southold Town Planning Board Southold Town Building Department Southold Town Clerk's Bulletin Board FORWARD ONE (1) TOWN CLERK, TOWN LEGAL NOTICE NOTICE OF HEARING ON PROPOSAL TO AMEND ZONING ORDINANCE AND MAP Pursuant to Section 265 of the Town Law and requirements of the Code of the Town of Southold, Suffolk County, New York, a public hearing will be held by the Town Board of the Town of Southold, at the Southold Town Hall, Main Road, Southold, New York, at 8:00 P.M., Tuesday, November 10, 1992, on the proposal of William F. Gasser and the American Armoured Foundation, Inc. to amend the Zoning Code (including the Zoning Map) of the town of Southold, Suffolk County, New York, on certain property located on the east side of Love Lane, north of the Long Island Railroad and frontage on C.R. 48, Mattituck, New York, by changing the current zoning from Light industrial {"El"} District ~nd Residential Office ("RO") District to Hamlet Business ("HB") District. Any person desiring to be heard on the proposed amendment should appear at the time and place above so specified. The legal description of the aforesaid property is as follows: All that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Mattituck, Town of Southold, County of Suffolk and State of New York, which is bounded and described as follows: BEGINNING at a point on the corner formed by the intersection of the northeasterly side of Love Lane with the northwesterly side of property of the Long Island Railroad and from said point of beginning: running thence northwesterly along the northeasterly side of Love Lane North 35 degrees 17 minutes 40 seconds West 50 feet; running thence along the land no ;': or former!y of MacMillian No~th LI5 degrees 05 minutes 00 seconds East 187,64 feet; running thence along the land now or formerly of MacMillian and Hawkins North 35 degrees 17 minutes 40 seconds West 336.23 feet to the southeasterly side of Middle Road; running thence northeasterly along the southeasterly side of Middle Road, North 55 degrees 02 minutes 20 seconds East 60.00 feet; running thence South 35 degrees 17 minutes 40 seconds East along feet to land of the Long Island land of the Long Island Railroad seconds West 248.50 feet to the the land now or formerly of Wines 375.72 Railroad Company; running thence along Company South 45 degrees 05 minutes 00 corner aforesaid and point or place of BEGINNING. ft. DATED: Suffolk County Tax Map No. 1000-140-2-16, Area: 32,109 sq. October 6, 1992. JUDITH T. TERRY SOUTHOLD TOWN CLERK Page 2 - ~ser PLEASE PUBLISH ON OCTOBER 29, 1992, AND AFFIDAVIT OF PUBLICATION TO JUDITH TERRY, HALL, MAIN ROAD, SOUTHOLD, NEt.¥ YORK 11971. Copies to the following: The Traveler-Watchman The Suffolk Times Town Board Members Town Attorneys Daniel C. Ross, Esq., Attorney for the applicant Southold Town Planning Board Southold Town Building Department Southold Town Clerk's Bulletin Board FORWARD ONE (1) TOWN CLERK, TOWN =TLE NUMBER:Li!Nl&7~800-OO85?HE:Town of SOUTHOLD, SUFFOLK County 2ESCRIPTION:..-.Change of zone of 0.7~7 ac from L.[ ~ RO to Hamlet Bus,ness ~oc. IMPORTANT File Number : N1--473800--00857 Uae the above number in a [ I To the Lead Agency: The above ~n¢ormatJon confzr-m~ that f~lir]gs on tf~e ,le's.~f'Jbed Negative Declaration were officially received by, and entered in the SEQR Repository on the d~te(s) shown in the bo× headed DATK RECEIVED above. The date and time in the second line show when this document was printed. Please check the ~nformation cbove carefully. For' corrections or questions cont¢ct Charles Lookrow, (518)&SZ-222&, or write to: SEQR Repository NYBDEC Division of Regulatory Affairs 50 ~o1¢ RoBd, Room 5l& Albany, NY J. 223:~ Town of SOUTHOLO Town Board 5~095 Main Road-P.O. $outhold, NY 11971 Box L179 RECEIVED OOT, 3 0 1992 JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER Tov, n Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax 1516~ 765-187, Telephone i5161 765 1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON OCTOBER Ii. 1992: WHEREAS, William F. Gasser and The American Armoured Foundation, Inc,, by petition received on July 23, 1992, applied to the Town Board of the Town of Southold for a change of zone on certain property located on the northeasterly side of Love Lane, Mattituck, from Light Industrial District ("LI") and Residential Office District ("RO") to Hamlet Business District ("HB"), said property bounded and described as follows: All that certain plot, piece or parcel of land, with buildings and improvements thereon erected, situate, lying and being at Mattituck, Town of Southold, County of Suffolk and State of New York, which is bounded and described as follows: BEGINNING at a point on the corner formed by the intersection of the northeasterly side of Love Lane with the northwesterly side of property of the Long Island Railroad Company and from said point of beginning: running thence northwesterly along the northeasterly side of Love Lane North 35 degrees 17 minutes 40 seconds West 50 feet; running thence along the land now or formerly of MacMillian North tl5 degrees 05 minutes 00 seconds East 187.64 feet; running thence along the land now or formerly of MacMillian and Hawkins North 35 degrees 17 minutes 40 seconds West 336.23 feet to the southeasterly side of Middle Road; running thence northeasterly along the southeasterly side of Middle Road, North 55 degrees 02 minutes 20 seconds East 60.00 feet; running thence south 35 degrees 17 minutes 40 seconds East along the land now or formerly of Wines 375.72 feet to land of the Long IsLand Railroad Company; running thence along land of the Long Island Railroad Company South 45 degrees 05 minutes 00 seconds West 248.50 feet to the corner aforesaid, the point or place of BEGINNING; and WHEREAS, the Southold Town Planning Board and the Suffolk County Department of Planning have prepared official reports and recommendations on the aforesaid petition; now, therefore, be it RESOLVED that the Town Board hereby sets 8:00 P.M., Tuesday, November 10, 1992, Southold Town Hall, Main Road, Southold, New York, as time and place for a public hearing on the petition of William F. Gasser and The American Armoured Foundation, Inc. for a change of zone, at which time any person desiring to be heard should appear at the time and place above so specified; and be it FURTHER RESOLVED that the Town Clerk be and she hereby is authorized and directed to cause notice of said hearing to be published in the official newspapers pursuant to the requirements of law. · Ter Southold Town Clerk October 7. 1992 PLANNING BOARD MEMBERS Bennett Orlowski, Jr.. Chairman George Ritchie Lalham. Jr. Richard G. Ward Mark S McDonald Kenneth L. Edwards Telephone 1516~ 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall. 53095 Mare Road P.O. Box 1179 Southold. New York 11971 Fax 15161 765-1823 MW. MORANDU~ TO: FROM: RE: 3udith T. Terry, Town Clerk Town of Southold Bennett Orlowski, Jr., Chairman Change of Zone Petition for The American Armoured Foundation, Inc. SCTM # 1000-140-2-16 N/E/c LIRR Right of Way and Love Lane Mattituck, N.Y. DATE: October 6, 1992 OCT, 6 1992 .em~t~l,..I 'r .... The Planning Board has reviewed the environmental consultant's draft recommendations for this project. The environmental review was too narrowly focused on the subject property alone. The review should have incorporated a wider area, namely the surrounding business district, because the proposed change of zone will have an effect on that area. The Planning Board will be assessing the zoning pattern in accordance with the goals of the Master Plan Update. Our recommendations on the environmental determination and the petition itself will be forthcoming shortly. CRAMER, vC~RH~ ~,/,'A~OClATES ENVIRONMENT~G CONSULTANTS September 18, 1992 Ms. Judith T. Terry, Town Clerk Town of Southold 53095 Main Road P.O. Box 1179 Southold, New York 11971 Re' William F. Gasser and the American Armoured Foundation, Inc. Change of Zone, Mattituck p. EC~IVEB 1992 Dear Judy: We have completed review of the above noted change of zone petition. In order to conduct this review, we have field inspected the subject site, reviewed and corrected the Long EAF Part I, and prepared a Long EAF Parts II and III. We have also consulted information submitted in connection with the application, as well as the zoning code and Master Plan Update. Attached, please find the completed Long EAF Part I, II and III, as well as a SEQR Determination of Significance. As always, these documents are submitted in Draft form for the Boards review and consideration. It is suggested that the Board revie~v these documents, and if there are further considerations we would be pleased to amend documents or consult with the Board as necessary. In review of the documents, you will find that we are recommending a Negative Declaration for this action, due to the fact that issues primarily involve local zoning considerations. The site is not considered to be environmentally sensitive. SEQR does require consideration of land use and zoning issues, as well as community impacts, therefore, we have included a section discussing these tssues. In summary, we feel that the "HB" district is suited to the "LI" portion of the site; however, the change of the "RO" part of the site to "HB" would intrude into a residential area in a manner which could impact the community. In addition, this change would not be consistent with recommendations of the Master Plan Update, and would set a precedent for further action_ The impact of the zone change could be minimized through siteplan review as required under Chapter 100-9lA. as well as restrictive covenants or buffers on the north part of the site. One additional interesting factor noted as a result of our review, is that the requested "HB" zoning prohibits outdoor storage and restricts height to 18 feet, therefore, additional modifications of the current use may be necessary to provide conformance. We thank you for the opportunity to review this petition, and would appreciate any further comments you may have. Please call if you have any questions. 54-2 NORTH COUNTRY ROAD, MILLER PLACE, NY 11764 (516) 331-1455 LONG ENVIRONMENTAL ASSESSMENT FORM PARTS I, II AND III Project-' William F. Gasser and the American Armoured Foundation, Inc. (Change of Zone) Love Lane Mattituck, New York Prepared For: Prepared By: Town Board of the Town of Southold Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Cramer, Voorhis & Associates, Inc. 54 North Country Road Miller Place, New York 11764 Date: September 16, 1992 CRAMER, Vq~R~ ,}f//,A,'~SOCIATES LONG EAF PART III Page I LONG ENVIRONMENTAL ASSESSMENT FORM - PART III EVALUATION OF THE IMPORTANCE OF IMPACTS PROJECT William Gasser and the American Armoured Foundation, Inc. (Change of Zone) Mattituck, New York LOCATION The site of the subject application is located on Love Lane, on the north side of the Long Island Railroad, in Mattituck New York. APPLICANT Mr. William Gasser and the American Armoured Foundation, Inc. 2383 Fifth Avenue Ronkonkoma, New York 11779 DATE September 15, 1992 INTRODUCTION The proposed project and the environmental character of the project site is described in detail within the Long Environmental Assessment Form (LEAF) Part I. The LEAF Part II, evaluates the project impacts and their magnitude. This section of the LEAF is intended to provide additional information on the importance of the impacts of the proposed project on the environment, in order to form the basis for the adoption of a determination of significance_ The LEAF Part III is prepared if one or more impacts are considered as being potentially large, as identified in the LEAF Part II. In the case of the proposed project, anticipated impacts are considered small to moderate, however, in order to provide the Town Board of the Town of Southold with additional information pertinent to this project for the consideration in making a determination of significance, this Part III narrative has been completed for several small to moderate impacts, identified in the Long Environmental Assessment Form Part II. This Part III addresses in detail the environmental and planning issues which are relevant to the subject application. Page 2 William Gasser Change of Zone Long Environmental Assessment Form ENVIRONMENTAL IMPACTS Impact on Grmvth and Character of Community * The proposed action will conflict with officially adopted plans or goals_ * The proposed action will set an important precedent for.future projects. The proposed action involves a request for a change of zoning from the Town Board of the Town of Southold for the continued operation of the American Armoured Museum, Inc. Although the action is a request for a change of zoning and must be considered in the context of use allowed by the requested zoning, it is important to understand the present use and history of the site w~th regard to evaluation of impacts. The project involves a split-zoned parcel of 0.797 acres. The northern part of the site with frontage on C.R. 48 comprises approximately 9,000 square feet of land and is zoned Residential Office. The remainder of the site (23,109 square feet) has frontage on Love Lane, is adjacent the Long Island Railroad tracks (LIRR) and is zoned Light Industrial_ There is a 54 by 120 foot corrugated metal building and an 8 x 8 foot tower, tanks and gravel parking, located on the Light Industrial zoned portion of the site. The present zoning of the site requires minimum lot areas of 40,000 s~uare feet for the "LI" Light Industrial and 40,000 square feet for the "RO" Residential Office zoning. The "R-O" Residential Office District is intended to protect the land valnes of residential property on Main Road and allow non-residential uses within its confines as envisioned in the Town of Southold Master Plan Update Background Studies. The "LI" Light Industrial zoning is intended to provide ~.n opportunity for business and industrial uses on smaller lots than those appropriate under 'LIO Light Industrial Park/Planned office park". It is noted that the "LI" district also prohibits the museum use of the site. The requested zoning, "HB" Hamlet Business, requires a minimum lot area of 20,000 square feet with minimum side yards of 25 feet. This zoning district would allow for museums and libraries as permitted uses within the district, and such uses are subject to site plan approval by the Planning Board. With regard to existing use and zoning, it is noted that the site has been operating in violation of the current zoning classification, and the owner was notified of this s~tuation in 1988 by the Ordinance Inspector. At that time the site was zoned "A" Residential/Agricultural and "C" Industrial. The present "LI" zoning of the south part of the site prohibits the museum: however, this use is permitted under the "RO" Residential Office district if approved by a Special Exception of the Zoning Board of Appeals. Therefore, the site is operating without approval as a museum and the tower exceeds the 18 foot maximum height for an accessory structure. Review of the zoning map and field investigation of the area indicates that the requested zoning will cause an intrusion into a residential area CRO'' Residential Office district) to the west and east of the northern portion of the site. In addition, review' of the Master Plan Background Studies for the Hamlet study -Mattituck, finds that the "LI" portion of the site is shown to be Hamlet Business and the present "RO" part of the site is proposed CRAMER, vq~ 4ASOCIATES ENVIRON MENT.~~G CONSULTANTS Page 3 William Gasser Change of Zone Long Environmental Assessment Form to remain Residential Office. The change of zone for the "LI" Light Industrial part of the site to "HB" Hamlet Business is not expected to have a significant impact upon the community. The change of industrial zoning to hamlet businessis reco~.nized as a natural extension of the existing Love Lane Business area. The change of zone will allow for the continuation of the museum in an area where it was previously prohibited and as a result would not compromise the zoning integrity of the community. If the overall parcel were rezoned to "HB", the business district would intrude into the "RO" zone. The "RO" zone adjacent the site contains residential dwellings in conformance with zoning, therefore, the location of business uses in this area would cause potential land use conflict. If a full change of zone for the subject parcel is granted, the goals of "RO" Residential Office zoning designation of the subject site would not be realized. Thus, the Hamlet Business zoning m the "RO" Residential Office portion of the site is out of character with adjacent land use and is expected to cause an impact on the immediately surrounding community, as well as the area. The action, if approved, would set a precedent for other future actions, thereby undermining the integrity of the zoning patterns in this section of the Town. This precedent may promote the expansion of the Love Lane Business District from County Road 48 to Sound Avenue. This possible expansion would not conform to the intention of the "RO" zoning or the Master Plan for providing a transition area between the business and low-density residential and limited nonresidential development along major roads. It is also noted that if the change of zone is ~granted the museum would still not conform completely with zoning. The Hamlet Business zoning states that "all uses permitted in the 'HB' Hamlet Business district, including the display and-sale of merchandise'and the storage of all property, except living plants, shrubs and trees, shall be confined to fully enclosed building on the premises", thus the outdoor storage of the tanks would not be permitted under the requested zoning. If the zone change is granted, the use would be subject to site plan approval by the Planning Board_ CONCLUSION The Long EAF Part II, is intended to consider the impact, then determine available mitigation as well as the importance of the impact, based upon certain criteria. Specific impacts considered above involve issues of Impact on the Community. This discussion results in the conclusion that the impact is related to planning and zoning issues. The subject parcel does not exhibit environmental sensitivity in the traditional sense. Review of the Long EAF Part I as well as field inspection indicates that the site is suited for controlled development for the following reasons; soils are conducive to leaching, topography is flat, there is no significant vegetation, wetlands or wildlife habitat on site. Likewise, the proposed zoning would not generate a significant influx of people or traffic as compared to present zoning, nor would noise, aesthetic or visual resources be significantl), adversely impacted. Therefore, issues reduce to land use and zoning, and local community impacts as well as precedent. Issues regarding zoning are complex, involving change to community character, divergences from land use plans and precedent setting nature of an action. Based upon the ~\~\ !~il&,, CRAMER, Vq~RH~ ~/A~SOCIATES Page 4 W~lliam Gasser Change of Zone Long Environmental Assessment Form discussion included in the appropriate section above, there is a recognized small intrusion into a residential area as well as some recognized precedent set as a result of this action. The duration of this impact is considered permanent for the purpose of this discussion; however, it is noted that the action could be reversed through future zonin~ changes. The impact can be controlled through site plan review utilizing setbacks, buffering, and other land use control techniques with regard to the development on the site as well as adjacent sites. Further control can be applied to reduce the precedent by making this zoning petition a unique case based upon all of the facts and other specific considerations by the Town Board. The impact is considered to be local as opposed to regional. This Long EAF is intended to provide the Town Board with sufficient information to determine the environmental significance of this action, and provide a basis for decision on the project. Given the relatively small scope of issues, and the available information concerning impacts, the project does not warrant the preparation of an Environmental Impact Statement. The consideration of a change of zoning is a legislative decision of the Town Board. It is recommended that a Negative Declaration be adopted for this action based on the information contained herein. Subsequently, the Town Board may consider the petition, site condition, environmental review, testimony, and other matters of record, and render a decision on the proposed action. It is recommended that the decision contain reasonable measures to minimize environmental impacts to the maximum extent practicable, as outlined herein. ENVIRONMENT~E~~G CONSULTANTS Page 5 William Gasser Change of Zone Long Environmental Assessment Form LONG EAF PART I §17.21 Appendix A Stale Envlronmenle} Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM The fult E Al: ~s intended to prowde a me[hod whereby appllcams and agencies can be assured that the determmahon gAF Components: The Iu[I gAF ~s comprised oi three parts Part 1: Pro;,des ob~ect~.~ data and m~ormaUo~ about a ~en ~rolec[ and ~ts s~te ~ ~dent~[~m~ basic project large ,reDact The form also ,dentme~ .~hether an ~mDac[ can be mm~ated or reduced Part 3: I~ an~ ~mpact m Part 2 ~ ~den:a~ed as potentially large, then P3rt 3 ~s u~ed to e~3luatewhether or n~t the DETERMINATION OF SIGNIFICANCE--Type 1 and Unlisted Actions Idenlil? the Portions ol E.AF compleled lot Ibis proiech ~ Part 1 ~ Part 2 XPert ,nformahon. and cons,tiering bo{h the mag~tude a.d ~mpor[ance of each ,mpact. ,[ ,s reasonab(~ de[ermined b~ the lead agenc~ that ~ A protect not m an~, large ,mporLant ~mpact(sj and tP, erelore ,~ one which will nol The ~ 6 ,Although the prolect couid ha~e a s~gmf~can[ el~ect on the environment, there ~,1( not be a s~gnn',can[ eHect tot th~s Unhsted &ct~on because the m,~,gat~on measures de~c ~bed ,n PART ~ have been required. therefore a CONDITIONED negative declar~lion will be p~epared.' on the en~ronmen[ therefore a posilive declaralion will be prepared WILLIAM F. GASSER AND THE AMERICAN ARMOURED FOUNDATION, INC, CHANGE OF ZONE-LI and RO to HB Town Board of the Town of Southold Name or Lead ~.gency Pr~nIor T~pe Nameof Respon~bleOu,cer~nLeadAgency TRle o~ Re~pon~,ble Dale Prepared by Project Sponsor NAME OF aCTiON American krmoured Foundation, Inc. and William F. Gasser Change of Zone - LI and RO to Hi3 Love Lane, Mattituck, County of Suffolk (SCT~0/140/2[16) American Armoured Foundation~ Inc, Love Lane i NY ~ 11952 Hattituck, .William F Gasser , ~516~ 543-6600 2383 Fifth Avenue CITY,PO i STATE i Z[PCOOE Ronkonkoma NY , 1_1779 OE,~CFHPTION OF ACTION Apolication to change the zone from Light Industrial and Residential Office to Hamlet Business with respect to mroperty at Love Lane in Mattituck (SCTM 1OO0/140/2/16). '-"~C- ~t~ ~C~ ¥3~:-~-~ ~ ~T~'l~ ~c~ ~ ~O'-5 ~z ~o~cc~t~,~ c. ~ c~c~ ) ~c-~ .~n ~ ~{c~ ~T ~L[ ~ 0~,-~' ~ ~ ~¢ . Please Complele Each Queslion-lndicale N,A, il not applicable A. Site Description Phys,caI setting ~I o~erall prolec[, both de~eloped and undeveloped areas 1 Present land use ]Lrban "~lndustnaI ~Commerclal ~Res~dentlal (suburban) ]]Rural (nonila~J ~Fore~t / -:~?,gnculture ]~Other ]~Larehou~e and Mlmmim~ / H , .73 Total acreage ol prmect area __32~109 sqf.t a'~,s APPROXI"4 ATE ACRE ~,C[ '~teadow or Brushiand %c,n-agr,cultural/ Fore,ted ~gr,cul~ural ~lncludes orchards c~opland, pasture, etc) Wetland (Fresh,water or t,da[ as per Arbcies 24 2S ot ECL) ~%ate[ Surtace Area bm~e~etaled ~Rock. earth or h~l) acres /V//~ acres acres __ ~ acres Roads budd,n~s and other pa,ed surtace, ,,7~'~ ' ~'ha[ ~s predominant ~od t~pe{s~ on pro,eot s~te~ IIn~nn~g / ~/ - a Sad drainage ~,Xell dra,ned 100 % of s,te =Moderalelv ~ell drained % oi sue Land Cla~,,h,-abon q',~tem' Hon~_ acres [See I N~CRR 370) I ~% or gredler % /~'°/C '"' / 8 ~Shat .* lb,, d¢c'h ), '.he *a,er :able'.~--/~(m ,eeU Unknown ~ 11 Does prolect s,te coma,n an~ speoes or plant or an,~l hfe that ~s ident.fled as Lhreatened or endangered~ 12 Are ~here an~ un:que or unusual land mrms on ~he prolect s~te~ be. cliffs. ~une~. ot~r geolog~al formations) --~es ~'~o Ir '.es. explam X%o Streams w~thm or conl,~uous to prolect are~ ~on~ 16 Lakes ponds ssetland areas ,,..,th,n or conhguous lo project area None a '-~me N/A b S~ze (in acresl 17 Is the sRe ser'~ed DN ex~sbn~ pubhc uhlmesI ~Yes ~No Electric b, if 1es ~,11 ,mpro~ements be necesfar~ [o allow connect,onI ~es 18 I~ the ,,(e located ,n an agr,cdltdral d,qr,ct certd~ed pdrfuan[ to Agncuhure and %~arkets Law..Arhc[e 25-AA Sect,on 30~ and ~04~ _~es 19 Is the s,~e located m or subs[am,all~ con(,guous [o a Crmcal Environmental ·Area designated pursuan{ to Article 8 o~ the ECL 3nd o %tCRR 617~ ~es 20 Has the ~,te e~er been used ~or '.he d.sposal of sohd or hazardous wastesl %Yes ~No Upon ~nformation and bellef B. Project Description Ph,,s,cal d,men'.,ons and ',caJe of proleut t,;I ,n d~mens~ons as appropr,atel a Total cont,~JOUs acreage o',,,ned or con:rolled by prole,~ sponsor 32,].09 safta~x~< ~ ~=i 7 c'¢L (; ~(.~¢ · o Prolec'. ac'eage '.o be de..eloped N/A acres ,r,t,all', _~N/A auras uit,mate[,. c Pro~ect acreage to rema,n undeveloped N/A acres No physical change anticipated d Length of prolect. ~n miles N/A (It appropnatel e Ii the prolec: ~s an expan;ion ,nd~cate percent ol expansion proposed N/A %. Max,mum ,.eh,cular trips generated per hour l,]inimal Ir re~,d~nt,al ",umber and I,,pe of hou~,ng un,ts N/A One Fam,l~ 1;~.o Fam,l~ O,men~,ons ,n feet) or lar~esl proposed ~tructure t'~/A he,gM. 3 proposed ~ (upon complehon of proleCtl;' / -- .~ C'q--z21'~.~-~'¢~ . MuJhpJe Famdv ,'..,dlh length 50 ,r and 60 fr '."-,il d,slur0ed ]reas be recla,medl Z'~es b '~,11 topso,I be qockp,led ~or reclamat,on~ ~Yes ~No c ~,ll uppe~ subsod ~e s~ock~,led'~o~ -eclamat,on~ ~Yes ~No ~No Ii smile phase project Anuopa[ed period of construcbon _ N/A months.(mclud~ng demohbon) If mulu-phased N/A a Total number of: phases antlopated (number) b Ant,cipated date o1' commencement phase 1 month c ?,pprox~mate complebon date of final phase month d Is phase 1 ~uncbonall; dependent on subsequent phases? ~.Yes 8 ~,% dl blasbng occur dur,ng Lonslruct~on~ _~Yes _--No 9 %umber of jobs generaled during conslruct,on 10 '--umDer ol' ~obs ehm,nated b', th~s prolect ~lone 11 '~fll prolect require relocation of an,,' prolects or facilities? ',ear. (including demolition) ,,ear _--No . after prolect ~s complete ~lYes ENo If yes. e×plain 12 Is surface I,qu,d waste disposal m,,ol,.edl ~Yes )f~No a I~ ',es red,cate type oi ~'.aste (se,,..age industrial, etc) and amount b Name of ,,'.&ter body ,nto ~h~ch efiluent will be d,scharged 1) J, subsurface bqu,d ,,~aste d,sposaJ ,n'~ol.ed' ,,'~*es ~No Type~/~,"'~f?- ~,'/~ ' ' 14 '.'v,ll surface area of an e'~stmg v. ater body ,ncrease or decrease by proposal? ~'~es ~No ~ ~plam 1S 16 Is prolect or an,, port~on o[ project located ~n a 100 '~ear flood plato? ;~Yes ..,~No Unkn0wr~ Vs,H the project generate solid ~aste? ,.~Yes ~No ~ XI~ TI *~ff F'~i~q ~' a II ~es ~hat is the amount per month tons ~,.¢ '~b{/5 ' ~ / · ' ~.; ~-; ~' ,' .' f b If ~es. w,II an ex,st,n8 sohd ~aste ~ac,i~t~' be used? . ~Yes ~No~ / ' d ~,11 an~ wastes nol go ,nto a sewage d.sposa] sys[em or into a sanlla~ landhlP ~Yes ~No 1- ',,% dl the proiecl m',ol',e the d~sposal oJ sohd ',',aste~ a I[ ;es. ~.hat ,s the am,opated rate or d,sposalt 18 '.%,11 prolect use herb~odes or pe~t,c~des~ _~Yes ~No tons month ~No 19 ~.',',l] prolect routmel,~ produce odors (more than one hour per day)~ ~Yes 20 Wdl prolect produce operat,ng no~se e~ceedmg the local ambient no~se le'.els~ 21 ~,~d] project result ,n an ~ncrea~e m ener~',, use~ ~Yes J~No If ~es . red,cate X~No ~--Yes ~No 22 I~ ~ater supply ~s from ~..elJs ,nd~cate p~mplng capaoty gallons, minute ~r.D'l i-~.~o~+ D_¢~-~ - 2] Total am,c,pat.d ~a~er .~age per da,, ,allons,day Minimal ~ ~,~ .~2~L 2~ Does orolec~ ,n~olve Local State or Federal ~un&n¢~ ~Yes ~No Federal: DeDt. of Defense donations are regularly made of tanks and ' artTTT~or' t~ ~]--- 4 C,t~ Town ~,llage Plar:n.n~ Board Other Regional .X~enc~es ~'~es ]'~o Site Plan Approval ]~es ~es ~No ~Yes ~No Suffolk County Planning Comraission X C. Zoning and Planning Information 1 Dale 4/t6291 ~shat ,s the zoning class,hcatlon(slOt the s,te~ ~Vh~t ~s the max~mum~oten~l ~elopment ti' [he s~te d de,eloped as perm,tied b~ the present zonmg~ ~uen uses as are ~ermjcrea, perm~d by special exception and accessory uses allo~ed by ArtScle XlI, SectSon 100-140,LSgh~ IndustrSal DistrSct. of tho ~n, thn]d Tn~m Z.~q~g Code What ,s the proposed zon,ng of the s,te' Ha~et Business ('~ B) (~{~it A) What ~s the ma~mum potenhal development o~ the s~te ff de,eloped as permitted by the proposed zonmg~ Such uses as are permitted, permi~d by special exception and accessory uses allowed by Article IX Section 100-90. Hamlet ~%hat are the oredom,mant land us~sJ and zomn~ c]ass~t,cahons ~Rhm a ". mdc radius or proposed acUon~ ~a~et BusLness~ ResZdent~al Office, Eighr IndusrrJai 8 Is the proposed action compatible ,.,.th adlommg surround'n§ .and uses ~,~;hm a 9 II the propo,ed achon ~ the subdivision of I~nd. how man~ Iot~ are proposed/ a What ~s the m~mmum Jot s~ze proposed~ N/A D. Informational Delails a~o~d (hem E. Verification , cert,h that the ,r. rc. rmat,o.? p/~.~ed a~,s tru,~,.,o [be bes,.~ m,. kno]..led§e II Ihe acllon is in Ihe Co~sl~l 4rea, ~nd ~ou ~re ~ stlle ~genc~, complele Ihe Co,sIal ~ssessmenl Form belore proceeding ~ilh Ibis ~ssessmenl. 5 William Gasser Change of Zone Long Environmental Assessment Form LONG EAF PART II Part 2--F 'JECT IMPACTS AND THEIR M/~-hlTUDE Responsibilil¥ ol Lead Agency General Information ~gead Carefully) · In completing the Torm the reMe'~er should be graded b',, the quest,on Ha',.e m'~ responses and determ,nahons been reasonable! The re,.~e'~er ~s not expected to be an expert enwronmental anaK, st · Identff`fmg that an ~mpact wdl be potenhall~ large (column 2) does not mean that ~t ~s also necessanb, significanL Any large ,mpact must be evaluated ,n P~,RT 3 to determ.ne s,gnd~cance Ident~i¥1ng an ~mpact m column 2 asks that ,t be looked at lurther · The Examples prowded are to assist the re,.~e',~,er bY sho'.~mg t~pes of ,mpacts and where;er possible the threshold magmtude thatwould tugger a response ~n column 2 The examples are generally applicable throughout the State and for most s,tuat~ons But. for any specific pro~ect or s~te other examples and or Io'~,er thresholds ma'., be appropriate for a Potential Large Impact response thus requmng e'.aluat~on m Part 3 · The ,mpacts or each pro~ect, on each s~te. m each Iocaht,, wdl ',.ar'~ Therefore, the examples are dlu_~tratp, e and have been offered as gu,dance. They do not constitute an exhaustp, e list of ~rnpacts and thresholcls to ans'e, er each queshon · 1'he number ot examples per question does not ~ndlcate the ~mportance of each question · In ~dent~&,,,ng ,mpacts. consider long term. short term and cumlati,.e eftects Inslructions tRead caretullv) a ~,ns',*.er each of the 19 queshons in PART 2 Ans..er Yes ~f there wdl be any ~mpact b Maybe ans',..ers ?hould be considered as Yes answers c If an?,'.er,ng Yes to a que:,bon then check the appropriate box (column 1 or 2) to red,cate Ihe potential ;~ze o~ the ~mpact If ,mpactthresholdequalsorexceedsan',,examplepro;~ded check column2 If ~mpact,.'.dloccdrbutthreshold ~s Io'e, er than e',.ample, checg column 1 d If re,.~e,..,er has doubt about s~ze of the ~mpact then consider the ~mpact as potenhallv large and proceed to P~,R1- 3 e If a potent~all', large ~mpact checked in column 2 can be mmgated b'~ change(s) m the prolect to a small to moderate ~mpact. also check the Yes box m column 3 A No response indicates that such a reduchon ~s not possible Th~s must be explained m Part 3 IMPACT ON LAND 1 Wdl the proposed act,on result m a ph'~s~cal change to t~_e project s~te? ZNO ~'~ES [xamples that ~.ould appl;, to column 2 · Any construch~ on slopes o[ 15% or greater. (15 toot r,se per 1~ 6 I 2 3 Small to Potential Can Impact Be Moderate Large Miligated By Impact Impact Project Change --_ 7 Z~es Z'~o 2 V~dlthere be anetlecttoan'~ umqueorunu',ualland forms found on the sde.~1~ e chits dunes geological Iormauons. etc }.~O ~YES · Specific land iorms foot ot length), or ',,,.here the general slopes ,n the prolect area exceed 10% · Construct,on on land '*here the depth to the '~ater table ~s less than 3 feet · Constract~on ol pa'.ed parking area for 1.0OO or more ,.eh~cie~ · Construct.on on land ,,*,,here bedrock ~s e~posed or generally 3 feet of e~stmg ground surface · Construct,on that ~d[ contlr~ue for more than 1 ,,ear or ,m. ol;e more than one phase or slage · E,~. a:at~on Io~- mining purposes that would remo,.e more than 1 000 tons ol natural material (~ e rock or soll'l per 'fear · Construction or expansion ol a san,tarv landhll · Construction ,n a des~k]nated floodv.,a~ IMPACT ON WATER W,[I proposed action affect any water body designated as protected~ iUnder.~rtlcles 15.24 25 of the Env~ronmental Conservat~on Law, ECL) ~.YES Ezamples that would apply to column 2 · De',elopable area oi s,te conta,n5 a protected water body · Dredging more than 100 cub,c yards of mater,al from channel of a protected stream · Extens,on of utility distr,but,on facilities through a protected water body · Construction ~n a designated fresh~,ater or t,dal wetland · Other ~mpacts: 4 ~,¥ill Dropased action affect any non-Drotected existin~ or new body of '~,ater~ ~_NO ~.YES Examples that ~,ould apply to column 2 · A 107/o increase or decrease ~n Lhe surface area of any hods of water or more than a 10 acre mcrease or decrease · Construction eT a bod~, of water that exceeds 10 acres of sudace area · Other ~mpacts ~, Will Proposed Action affect surface or groundwater quahty or quantity;' ~,NO ~YES I[samples that would apply to column 2 · Proposed -XctJon wdl require a discharge permit. · Proposed Action requ,res use of a soL~rce of water that does not have appro,.al to serve proposed (prelect) act,on · Proposed Action requires '~,ater supply from wells w~th greater than 45 gallons per rmnute pumping capacity · Construction or operahon causing, ~ny contamination of a water ~uppiy system · Proposed ,'$,ct~on wdl adversely aHect groundwater · L,qu,d eifJuent 4,11 be conve,~ed oil the s,te to facd~bes which presently do not ex,st or ha,.e inadequate capac~t',, · Proposed Acbon ~,ould use water m e~cess of 20.000 gallons per · Proposed Action wdl hkely cause sd[at,on or other discharge rote an ex~tmg bod'~ oi '~ater to the extent that there wdl be an obvious visual contrast to natural cond~hon~ · Proposed ~,ct~on ,~,dl require the stora~,e el petroleum or chemical products greater than 1.100 ~allons · Proposed A. ct~on v,.HI allo~, res,dent~al u.es ,n areas v.~thout v. ater · Proposed ~,ct~on locates commercial and or ,ndustnal uses which ma,,, require ne,a, or e~panslon et ex~stmg v, aste treatment and~or stora§e 6 Wdl proposed action alter drainage tlo~. or patterns, or surface water runoff/ E~amples that ~*.ould apply to column 2 · Proposed ~ct~on would change flood ,~ater 7 I 2 3 Small ~o Potential Can Impact Be ModeraN Large Mitigated By Impact Impact Project Change ~ [] ~Yes ~No [] [] ~Yes ~ [] I~Yes re'No r--' ~ ~'t' F~No ~ ~ ~Yes ~ ~ ~Yes ~No ~ ~ ~ ~es ~o ~ ~Yes ~No ~-m ~ ~Yes ~No '~ '~ ~es ~o ~- ~ '~. ~Yes '~o ~ ~ ~Yes ~ ' .... ~Yes ~o · Proposed ~cbon may cause substantial erosion. · Proposed &ct~on ~s mcompabble ~.~th eXlStlrl~ drainage patterl'ls · Proposed &chon wd] allow de,,elopment m a designated floodway · Other ,mpacts IMPACT ON AIR 7 W.II proposed action affect air quaht¥~ ~NO ~--YES [,arnples that would applY to column 2 · Proposed &etlon wdl reduce 1.0OO or more ~,ehicle trips in any' gi',en hour · Proposed &chon ~lll result ~n the ~ncmerabon of more than 1 ton ol' refuse per hour · Emission rate of total contaminants s',,11 exceed 5 lbs per hour or a heat source producing more than l0 million BTU's per hour · Proposed achon ~,dl allo'~, an increase in the amount ol land committed to ,ndustrlal u,e · Proposed action ~.lll allow an .ncrease m the denslt'~ of industrial de,.elopment wlth.n existing ,ndustrial areas · Other ~mpacts IMPACT ON PLANTS AND ANIMALS § WdJ Proposed &chon allect an', threatened or endangered species? ~_-NO ,--_YES £~amples that v, ould apply to column 2 · Reducbon of one or more speoes hsted on the Ne~, York or Federal hst using the she. o~er or near she or found on the s~te · Remo;al or any port~on oi a crrbcal or s~gmflcant wddhie hah.tat · Application o! pesticide or herb~ode more than twice a year. other than for agricultural purposes · Other ~mpacts 9 V,,il[ Proposed &chon ~ubs[ant~allv aflect non-threatened or non-endangered specles~ ~_NO [~amples that ~ould appl~ to column 2 · Proposed &chon v, ould subslanhall'~, mterlere ~,~th an,, resident or m~grator~ h~h. ~hel]hsh or ~,ddhfe 5peoes · Proposed &cuon requ~re~ the remo,,al of more than ~0 acres or mature forest fo,,er 100 'fears of a§el or other IocaJh, ,mportant ,,egetauon IMPACT ON AGRICULTURAL LAND RESOURCES 10 V~dl the Proposed Acbon affect a§r~culturaJ Jand resources~ ~%O ~z'~ ES Ecamples that ~ould apph, to column 2 · The proposed act,on ~.ouJd sever cross or limit access to agnculturaJ land linclude~ cropland 8 i 2 3 Small Io Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change ~ ~'-- ~Yes ~No ~ ~. ?Yes ~ ~Yes -- _~es ~No .... ~es ~o I · Construchon achwt¥ would excavate or compact the sod profile of agricultural land · The proposed action would ~rteversibly convert more than 10 acres of agricultural land or. if located m an Agncultutal Distr,ct. more than 2 S acres of agricultural land · The proposed action would disrupt or prevent installation of agr,cultural [and management systems {e ~. subsurface drain lines, outlet ditches. strip cropping) or create a need for such measures {e.g cause a farm field to drain poorly due to increased runoff) · Other ~rnpacts IMPACT ON AESTHETIC RESOURCES 11 V','41 proposed action affect aesthetic resources~ ENO III necessary, use the Visual E?,F Addendum m Section 61721. Appendix B ) EJarnples that would apply to column 2 · Proposed land uses. or prolect components obwousl~ different trom or in sharp contrast to current surtoundln~ land use patterns, v, hether man-made or natural · Proposed land uses. or project components ws~ble to users of aesthebc resources ~',Mch wdl eliminate or significantly reduce their enlovment of the aesthehc qua]iNes of that resource · Prolect components that will result m the elimination or s,gmficant screenln~ of scenic views known to be ~mportant to the area · Other impacts IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12 W'dl Proposed ~,cbon ~mpact any srte or structure oi h~stonc, pre- historic or paleontolol,~cal ~mportance.' ~NO ~YES Examples that would ap~y to column 2 · Proposed Action occurring wholly or part~all¥ w,th,n or substantially cont~§uous to any faoht; or s~te J,sted on the State or Nahonal Register or historic places · An'~ ~mpact to an archaeolog)cal s~te or iossd bed located w~thm the prolecl site · Proposed Action ',~lll Occur in an area desq~naled as sens~ti..e for archaeological sdes on Ihe NYS S~te · Other ,mpacts IMPACT ON OPEN SPACE AND RECREATION 13 V~dl Proposed A,c[~on affect the quant~ts or quaht~ of ex~s'.m&' or future open spaces or recreatroflal opportumt~es~ I:~amples that v. ould apply to column 2 I~NO · The permanent Ioreclosure O[ a future recreational opportumt,~ · A malor reducbon of an open space important to the commumt¥ · Other ~mpacts ~ 2 3. Sma. ,o Polential Can Impacl Be Moderate La~ge Mitigated By Impact Impact Project Change [] ~ ~_Ves ~No L~ ~ ~Yes ~No [] ~ r~Yes ~No ~ EZ ~Ves ~No ~ ~ ~ves ~ ~ ~Yes ~No IMPACT ON TRA ;~ORTATION 14 Wdl there be an effect to ex,strait transportabon sy~ems? ~NO EYES E~amples that would apply to column 2 · Alteration of present patterns oi movement or people and/or goods · Proposed ~,ctJon wdl result m major traffic problems · Other ~mpacts IMPACT ON ENERGY 15 ~,,flJ proposed action aiiect the commumty's sources of fuel or enerEy supply ~ ~NO ~YES £Jamples that would apply to column 2 · Proposed ~,cbon '~,dJ cause a §rearer than 5°/, increase m the use gl an',, form o~ en~,rg,~ ~n [he mumc~pahty · Proposed Action WlJJ require the creation or extension gl an energy transmission or supply system to serve more !han 50 sm§Je or b,~o famdy res,dances or to serve a major commercial or industrial use. · Other ~mpacts NOISE AND ODOR IMPACTS 16 ;~.dl there be objectionable odors, no,se, or v~bration as a result of the Proposed Action? ENO eYES Examples that ~,ould apply to column 2 · Blasting ~,~thm 1,500 feet of a hosprtal, school or other sens~twe ~aohty · Odors wdl occur routinely (more than one hour per day) · Proposed ~,chon wdl produce operatm§ nmse exceeding the local ambient no~se levels [or ~3OlSe outside or structures · Propo>ed Action wdl remo',,e natural barriers that would act as a · Other ~mpacts IMPACT ON PUBLIC HEALTH 17 Wilt Proposed Action al'fact pubhc health and safety,' [xamples that would apply to column 2 · Proposed Achon may cause ansi( of e~plos~on or release of hazardous su~stancegH e od. pesticides, chem~cals, rad~at~on, etc)mthe e,.,entof accident or upset conditions, o~ there ma,, be a ch,'omc Iow level · Proposed ~,~hon ma,, result m the bur~aloi 'hazardous~,astes'm an;. · Stora§e fac~hues ior one m~llion or more ~allons gl liquff~ed natural ~as or other ~lammabie hqu~ds · Proposed action may result m the e~ca,.abon or other d~sturbance ~,thm 2.000 leer of a s~te used ior the d~spo~al gl sohd or hazardo(~s · Other ~mpacts 1 Sm; Moderate Impact Potential Large Impact Can Impact Fie Mitigated Fly Projecl Change ~Yes ~No ,~,~ Y es ~,~No ~res ~-~,NO ~'~es ~No ~¥es I--No ~'~' 'r'e s ~No ~Yes ~No ~No ~_Yes ~No ~Yes ~'--No ~Yes _~"No ~es ~-No ~_Yes i_~No '~ Yes !~No ~N0 ~No 10 IMPACT ON GROWl,, AND CHAAACTER OF COMMUNITY OR NEIGHBORHOOD 18 WdJ proposed action affect the character of the ex~shng commumty; Elamples that would apply to column 2 · The permanent populahon of the c,/y, town or ,,',llage in wh*ch the prolect is located ~s likely to grow by more than $% · The mumcrpaJ budget for capital expenditures or operahng ser'v~ces w,II increase by more than 5% per year as a result ut th*s project · Proposed acuon wdl coni:hct ~,th ofi:*c~aihr' adopted plans or goals · Proposed acuon ~.d] cause a change in the density of land use · Proposed Action wdJ replace or ehmmate existing tacd*tles, structures ut areas of h~stor~c importance to the community. · De',elopment wd] create a demand for add~honal community services (e g schools, police and fire. etc ] · Proposed ?,ct~on wdl set an ,mportant precedent for future proiects · Proposed .Action will create or eliminate employment · Other impacts 2 3 Small to Potenlial Can Impact Be Moderate Large Mitigaled By Impact Impact Project Change ~' ~ ~,','es ~-- L; [--' L--Yes ~. ,~Yes :~No ~ ~' ~'Yes ~N~_ o 19 Is there, or ~s there hkel¥ to be. pubhc controversy related to potential ad,,erse environmental ~mpactsZ ..~NO ~YES I! Any Action in Pad 2 Is Identified as a Potential Large Impact or If You Cannot Determine the Magnitude of Impact, Proceed !o Part 3 Part 3--EVALUATION OF THE IMPORTANCE OF IMPACTS Responslbilily of Lead Agency Parl 3 must be prepared ii one or more impact(s) is considered to be potenlially large, e~,en ii the impact(s) ma~, be mltigaled. Inslructions D~scuss the fo[lowing for each ~mpact ~dent~hed m Column 2 of Part 2 Br~etl~ describe the impact 2 De!~cr~be~dapphcab~e)h~wthe~mpactC~ldbem~tigated~rreducedt~asma~t~m~derate~mpactb`~pr~ectchangeIs, 3 Rased on Ihe mformahon a;a~lable, decide if ~t ~s reasonable to conclude that this ~mpact ~s important. To ans~.er the Question of mnportance, cons,der · fhe probabd~/s of the ~mpact occurring · The duration of the ~mpact · Its irrevers~bddv including permanenth,' lost resoarce~ or value · Whether the ~mpact can or will be controlled · The regional ~:onsequence ut the ~mpact · Its potenttal dl',ergence from local needs and ~:oals · V~hether knov, n obJect,ohs to the project relate to th~s ,mpact 11 SEQR NEGATIVE DECLARATION Notice of Determination of NonqSignificance Determination of Significance Lead Agency: Address: Date: Town Board of the Town of Southold Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 September 22, 1992 This notice is issued pursuant to Part 617, of the implementing regulations pertaining to Article 8 (State Environmental Quality Review) of the Environmental Conservation Law. The lead agency has determined that the proposed action described below will not have a significant effect on the env/ronment and that a Draft Environmental Impact Statement need not be prepared. Title of Action: SEQR Status: Project Description: SCTM Number: Location: William F. Gasser and the American Armoured Foundation, Inc Mattituck, New York Type I Action The project which is the subject of this Determination, involves a proposed change of zone of 0.737 acres from Light Industrial "LI" and Residential Office "RO" to Hamlet Business "HB". District 1000 - Section 140 - Block 02 -Lot 16 The site is located on the east side of Love Lane, north of the Long Island Railroad with frontage on C.R_ 48, Mattituck, New York. Page 1 of 2 Gasser Change of Zone SEQR Determination Reasons Supporting This Determination: This determination is issued in full consideration of the criteria for determination of significance contained in 6 NYCRR Part 617.11, the Long Environmental Assessment Form Parts I and Il, and the following specific reasons: 1) 2) 4) 5) The project has been evaluated through a Long EAF Part III which discusses in detail environmental and planning aspects of the project. The subject parcel does not exhibit environmental sensitivity in the traditional sense. Review of the Long EAF Part I as well as field inspection indicates that the site is suited for controlled development for the following reasons; soils are conducive to leaching, to[~ography is flat, there is no significant vegetation, wetlands or wildlife habitat on stte. 3) The proposed zoning would not generate a significant influx of people or traffic as compared to present zoning, nor would noise, aesthetic or visual resources be significantly adversely impacted. Land use and zoningissues are a local as opposed to a regional consideration, and measures are available to reduce impact upon the community. The use would be subject to site plan approval by the Planning Board if the zoning is changed to "HB" in accordance with Chapter 100-9lA. of the Southold Town Code. For Further Information: Contact Person: Address: Phone No.: Judith Terry, Town Clerk Town Board of the Town of Soothold Town Hall, Main Road, Southold (516) 765-1801 Copies of this Notice Sent to: Commissioner-Department of Environmental Conservation Regional Office-New York State the Department of Environmental Conservation Southold Town Planning Board Southold Town Building Department Suffolk County Department of Health Services Suffolk County Department of Planning NYS Legislative Commission on Water Resource Needs of Long Island Daniel C. Ross, Esq. Southold Town Clerk's Bulletin Board Page 2 of 2 STATEMENT CRAMER. VOORHIS & ASSOCIATES. INC. Environmental Consultants 54 N. Country Road MILLER PLACE, NEW YORK ].1764 (516) 331-1455 Ms. Judith T. Terry, Town Clerk Town of Southold P.O. Box 1179 Southold, New York 11971 DATE Sept. 21, 1992 9/21/92 #1201 .Nvo~cE NU~. / DESC~..T.O. I #1201 BALANCE FORWARD William F. Gasser SCTM #1000-140-2-16 Change of Zone, Mmttituc $500.00 $500.00 CARMER, VOORHIS & ASSOCIATES, INC. Account Number ............. Invoice = ............ Date ..... ,S.ep:t:... ,2~_~..19,92 ......... TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, N.Y., Dr. PAY TO: Payee Name: Cramer, Voorhis & Associates, Inc. Address: ~¢. ~p,zl:. h. Cppp'.t?2'..Rp~.¢,,. ~uC-.t¢. ~ ........ Payee rdentification or Social Security Number: Payee Reference: Phone No. ( .... I ....................... Vendor Contact Cash Discount .................. % ......... Days .................................... Item Description of Material/Service Quantity Unit Amount No. Price RE: William F. Gasser SCTM ~1000-140-2-16 CVA Invoice #1201 Change of Zone, Mattituck __ $500.00 l TotM $500.00 Discount Net ;500. OO The undersigned N~tq (Acting on behalf of above named claimant) does hereby certify that the foregoing claim is true and correct and that no part thereof has been paid, except as therein stated, and that the balance therein stated is actually due and owing. Dated .................. ..... ....... Signature Town Clerk Tow~ of Southold SEP 1 F 1992 September 10, 1992 Applicant: William F. Gasser and The American Armoured Foundation, Inc. Zoning Action: Change of zone from "LI" & "RO" to Mun. File No,: 1000-140-2-16 S.C.P.D. Fi]e No.: SD-92-I0 Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Co~ission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval, Comments: Would appear to necessitate a comprehensive re-evaluation of prevailing zoning patterns in the locale to insure consistency with local planning/zoning objectives. Very truly yours, Arthur H. Kurtz Director of Planning GGN:mb S/s Gerald G, Newman Chief Planner JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER Town Hail. 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Pursuant to Sections 1323 and 1332 of the Suffolk County Charter the Town Board of the Town of $outhold hereby refers the following proposed zoning action to the Suffolk County Department of Planning: New Zoning Ordinance Amendment of Zoning Code X Amendment of Zoning Map (Change of Zone} Location of affected land: northeasterly side of Love Lane, and southerly side of County Road 48~ Mattituck ("L" shaped parcel) Suffolk County Tax Map No.: 1000-140-2-16 Within 500 feet of: The boundary of any village or town The boundary of any existing or proposed county, state or federal park. X The right-of-way of any existing or proposed county or state parkway, thruway, expressway, road or highway. The 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. The existing or proposed boundary of any other county, state or federally owned land. X The Long Island Sound, any bay in Suffolk County or estuary of any of the foregoing bodies of water. Or within one mile of: Nuclear power plant. X Airport COMMENTS: Recommendation of the $outhold Town Planning Board attached hereto. Date: Auqust 18, 1992 Southold Town Clerk JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax {516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 18, 1992 Cramer, Voorhis & Associates Environmental & Planning Consultants 54 North Country Road Miller Place, New York 11764 Gentlemen: The Southold Town Board, at their regular meeting held on July 28, 1992, adopted a resolution requesting you to conduct a SEQRA review of the Long Environmental Assessment Form with respect to the petition of William F. Gasser 'and The American Armoured Foundation, Inc. for a change of zone, at the agreed cost not to exceed $500.00. Petition and pertinent maps, etc. are enclosed herewith. Very truly yours, Judith T. Terry Southold Town Clerk Enclosures cc: Daniel C. Ross, Esq. WlCKHAM, WlCKHAM & BRESSLER, P.C August 17, 1992 Town of Southold Office of the Town Clerk 53095 Main Road P.O. Box 1179 Southold, New York 11971 RECEIVED AUG 1_ 8 1992 .%uthold T ..... ~1.,~ Re: Petition of William F. Gasser and The American Armored Foundation,, Inc. Dear Ms. Terry: Enclosed is Mr. and Mrs. Gasser's check for $500.00 as requested in your July 29, 1992 correspondence. DCR:ic Enclosure 55gasser JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFF1CER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax i516) 765-1823 Telephone 1516} 765- 1801 July 29, 1992 Daniel C. Ross, Esq. P.O. 13ox 1424 Mattituck, New York 11952 Re: Petition of William F. Gasser and The American Armoured Foundation, Inc. Dear Mr. Ross: In accordance with Chapter 44, Environmental Quality Review, of the Code of the Town of Southold, the Town Board has engaged the services of Cramer, Voorhis & Associates to review the Long Environmental Assessment Form submitted by you on behalf of above petitioner for a change of zone. The cost of this review is $500.00, and must be paid prior to the consultant commencing their work. Please send a check in the amount of $500.00, payable to the Southold Town Clerk, at your earliest convenience so we may proceed with processing the petition. Thank you, Very truly yours, Judith T. Terry Southold Town Clerk Enclosures JUDITH T. TERRY TOWN CLERK REGISTRAR Ol~ VITAL STATIST[CS MARRIAGE OFFICER Town Hall, 53095 Main Road P.O. Box 1179 $outhold. New York 11971 Fax (516) 765-1823 Telephone (516~ 765-180l OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 29, 1992 To: From: Re: Petitioner Judith Terry, Town Clerk Fees for Review of Zoning Actions & Applications The Suffolk County Legislature, effective January 1, 1992, authorized fees for certain actions and applications submitted to the offices of the Suffolk County Planning Commission. Their memorandum with respect to these fees, dated December 10, 1991, reads in part: "As of January 1, 1992, zoning and subdivision actions and applications requiring significant review will be subject to a $50 fee for each zoning action ..... " "Please notify all applicants subject to County review of the requirements of County processing fee. This office (the Suffolk County Department of Planning) will bill the applicant directly once the need for significant review is determined." JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS M^RRIAGE OFFICER Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone 15161 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 29, 1992 Southold Town Planning Board Southold Town Hail Southold, New York 11971 Gentlemen: Transmitted herewith is the petition of William F. Gasser and The American Armoured Foundation, Inc. for a change of zone on certain properly located on the northeasterly side of Love Lane, Mattituck. Please prepare an official report defining the conditions described in said petition and determine the area so affected by your recommendation, and transmit same to me. Thank you. Very truly yours, Judith T. Terry Southold Town Clerk Attachments JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall. 53095 Main Road P.O. Box 1179 Southold, Ney. York 11971 Fax t516} 765 1823 Telephone i5161 765 1801 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON JULY 28, 1992: WHEREAS, a petition has been received from. William F. Gasser and The American Armoured Foundation, Inc. for a change of zone on certain property located on the northeasterly side of Love Lane, Mattituck, from Light Industrial District ("LI") and Residential Office District ("RO") to Hamlet Business District ("HB"); now, therefore, be it RESOLVED that the Town Clerk be and she hereby is directed to transmit this petition to the Southold Town Planning Board and Suffolk County Department of Planning, all in accordance with the Southold Town Code and the Suffolk County Charter. udith T. Terry ~ Southold Town Clerk July 29, 1992 JUDITH T_ TERRY TOWN CLERK R[~GISTRAR OF VITAL STATISTICS MARRIAGE OldiE'lC ER Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax {516) 705-1823 Telephone 1516~ 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON JULY 28, 1992: RESOLVED that the Town Board of the Town of Southold hereby engages the services of Cramer, Voorhis & Associates, at a cost not to exceed $500.00, to review the Long Environmental Assessment Form with respect to the petition of William F. Gasser and The American Armoured Foundation, Inc. for a change of zone; said review to include applicant's Part I, prepare a Part II and III, draft a proposed declaration, including a field inspection; the cost of said review to be paid by the applicant prior to the commencement of the review. Judith T. Terry Southold Town Clerk July 29, 1992 JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER Town Hall. 530c)5 Main Road PO. B~x 1170 Southold. New Y,~lrk 11971 Fax 1516) 765-1823 Telephone 15lb) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 29, 1992 Lead Agency Coordination Request The purpose of this request is to determine under Article 8 (State Environmental Quality Review Act-SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617 the following: 1. your jurisdiction in the action described below; 2. your interest in assuming the responsibilities of lead agency; and 3. issues of concern which you believe should be evaluated. Enclosed please find, lng a copy of the application and a completed Long Environmental Assessment Eorm (EAF) to assist you in your response. Project Name: William F. Gasser and The American Armoured Foundation, Inc. Requested Action: Petition for a change of zone from Light Industrial District ("LI") and Residential Office District ("Re") to Hamlet Business District ("HB") on certain property located on the northeasterly side of Love Lane, Mattituck, New York. SEQRA Classification: Type I Contact Person: Judith T. Terry, Town Clerk, Town of Southold. The lead agency will determine the need for an environmental impact statement (ELS) on this project. If you have an interest in being lead agency, please contact this office immediately. If no response is received from. you within 30 days of the date, of this letter, it will be assumed that your agency has no interest in being lead agency. Page 2, Acjency Position: [ ] This agency has no objection to your agency assuming lead agency for this action. [ X] This agency wishes to. assume lead agency status for this action. [ ] Other. (See comments below) Comments: status Please feel free to contact this office for further information. Very truly yours, Judith T. Terry Southold Town Clerk Enclosures Copies of this request and all attachments to the following: Commissioner Jorling, NYSTDEC, Albany Robert Greene, NYS-DEC, Stony Brook Southold Town Planning Board Southold Town Building Department Suffolk County Department of Planning Suffolk County Department of Health Services NY5 Legislative Commission on Water Resource Needs of Long Island Daniel C. Ross, Esq. for applicant (without attachments) Southold Town Clerk's Bulletin Board (without attachments) JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York 11071 Fax 1516~ 765-1823 Telephone 15161 7(:,5-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON JULY 28, 1992: RESOLVED that the Town Board of the Town of Southold hereby commences the Lead Agency Coordination process in regard to the State Environmental Quality Review Act in regard to the petition of William F. Gasser and The American Armoured Foundation, Inc. for a change of zone from Light Industrial District ("LI") and Residential Office District ("RO") to Hamlet Business District ("HB"). Judith T. Terry ~/ Southold Town Clerk July 29, 1992 JUDITH T. TERRY OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 FAX (516) 765-1823 TELEPHONE (516~ 765-180[ July 23, 1992 To Whom It May Concern: Attached hereto is a Long Environmental Assessment Form submitted by William F. Gasser and The American Armoured Foundation, Inc. for a change of zone from Light Industrial District ("LI") and Residential Office District ("RO") to Hamlet Business District ("HB") on certain property located on the northeasterly side of Love Lane, Mattituck, New York. JUal'~r~ /. lerry ~' Southold Town Clerk Posted on Town Clerk's Bulletin Board on 7/29/92. 14,,.~-2 (2 87~--?c 617.21 Appendix A Stale Envlronmenlal Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM SEQR Pu~'pose: The full £-~F is de_~gned to help apphcants and agencies determme, in an orderly manner, whether a prolect or action ma', be significant The question oi whether an action ma~,. be 51gnlflcan[ 15 not always easy to answer Frequent- ly. there are aspect_~ of a project that are sublectwe or unmeasureable It ~s also understood that those who determme s~gmf~cance may have I~ttJe or no tormal knov, redge or the environment or ma,, be techmcaJJ`/ expert in en',~ronmental analys~s Inaddlbon many who have kno~,,led§e m one parhcurar area ma,/not be aware of the broader concerns affectmg the queshon of s~gmi~cance The iurl EAF is mtended to provide a method whereby apphcanH and agencies can be assured that the determmatJon process has been orderly, comprehensive ~n nature, yet flexible to allo~,, mtroductmn ot m~ormatlon to ~t a project or action Full EAF Componenls: The tull E~F ]s compn~;ed of three parts. Part 1: Pro',~des oblect~,,e data and ~ntormation about a gl;eh project and ~ts s~te By ~denufymg basic prolect data. it assists a rewewer m the anal',s~s that takes place m Parts 2 and 3 Pad 2: Focuses on ~dentffymg the range of possible ~mpacts that may occur from a project or action It prmddes guidance as to whether an impact is hkel`/to be considered small to moderate or whether ~t ~s a potenbaJi,,- large impact. The ~orm also ~dentifies whether an impact can be mitigated or reduced Parl ~1: If ant ~mpact ~n Part 2 ~s ~denuf~ed as potenha]]¥ large, then Part 3 ~s used to ev3Juate whether or not the impact ~s actually ~mportant. DETERMINATION OF SIGNIFICANCE--Type I and Unlisled Aclions Idenlif¥ Ihe Portions ol EAF completed for Ibis project: ~ Part 1 ~ Part 2 ,-Part 3 Upon review of the Lnformation recorded on this EAF (Parts I and 2 and 3 if appropriate), and any other supporting reformation, and considering both the mag~tude and ~mportance of each impact. ~t .s reasonably determined by the lead agency that ~ A The project wdl not result m any large and .mportant ~mpact(s) and therefore. ~s one which will no! ha'-e a ~gmf~cant ~mpact on the enwronment, there(ore a negative declaralion will be prepared. -~ B Although the project could ha~e a s~gnificant effect on the environment, there wdl not be a s~gmf~cant effect for th~s Unhsted Act.on because the mmgat~on measures descnbed m P~,RT 3 have been required. therefore a CONDITIONED negalive declaralion will be prepared.' ~ C The project may result ~n one or more large and ~mportant ~mpacts that may ha,.e a 5~gnff~cant rmpact on the en;~ronmen£ thereiore a posilive declaralion will be prepay'ed. · A Condihoned Negat~,.e Declaration ~ only valid I'or Unh~ted Achons WILLIAM F. GASSER AND THE AMERICAN ARMOURED FOUNDATION, INC. CHANGE OF ZONE-LI and RO to HB Name oi Action Town Board of the Town of Southold Name or Lead Agency Title oi Responsible OThcer S~gnature of Responsible Orhcer ,n Lead Agency S~gnature of Preparer(ir'ddrerent rrom respon_~ble oH~cerj Date 515% or greakL, % 8 ~,%'hat ,s the depth ,ar :he ~.ater tableI [~n i'eet) Unknown 11 Does prolect s~te contain an', specre:, or plant or ammal hie that ~s .dentd:ied as threatened or endangered~ According to _~es ~No Descnbe 13 It, the prolect s,te pret,enth,, used by the community or nerghborhood as an open ~pace or recreation area.' Z'~es XNo If ,,es. explain 14 ©oe~ the present s~te include scemc we',',s known to be ~mportant to the commumt¥~ _--Yes ENo 15 Streams w.th.n or conbguous [o project area mgrlH a Name ot Stream and name or Rr, er ~o ~h~ch ~t ~s tributary 1~ Lakes. 17 ponds. '*etJand areas ~,thm or conbguous [o prolect area None a Name N/A Is the site ser,,ed by extstmg public utihtms? ~Yes /':No a) [[ Yes. does suit~c~ent capacity ex~st to allow connect~on~ bi If Yes. wd] ~mpro,.ements be necessar', to allow connection.' b S~ze (In acres~ Electric ~Yes ~No ~No 18 19 20 Has the t,~te e',,er been used ~or the d~sposal o~ solid or hazardous Upon information and belief N/A Is the s~te located ~n an agricultural d~tnct certdled pursuant to ,Agriculture and Markets Law. Article 25 AA. Section 303 and 3041 -_'~es .~No Is the s~te located m or substanuaJl', conuguous to a Cnbcal En'..~ronmental Area designated pursuant to Arhcle § o~ the ECL and 6 N~CRR 617~ ~'Fes ~No ~Yes XNo B. Project Description Ph,,s~cal dimensions and scale of prolect ihll m d~mens~ons as appropriate) a Total conhguous acreage owned or controlled by prolect sponsor 32,109 sqft44:x~( b ProJect acreage to be de,.eloped ~A acres mma]l~, __N/A acres ulbmatel¥ C Project acreage to remain unde,.eloped N/A acres No physical change anticipated d Lenglh oi prolect, in m e~ N/A IIr appropriate) e Il the project is an expansion. ,ndlcate percent of expansion proposed N/A %. .Nlaxlmum ~eh~cular ir,ps generated per hour ~qJJ3imml Ir re~,dent,aI '-.umber and P. pe Ot hOusing units N/A One Famds Two Farad,, InmaH,, Uh,matels Dimensions (m ieet) oi largest proposed structure N/A . proposed _ (upon completion of prolectil Mulbple Famd; __ he,ght, w,dth, length Linear /eet of rrontage along a pubhc thoroughiare prolect w. II occupy ~sl 50 rt and 60 ft. 3 Wdl d~slurbed areas be reclaims-d; ~Yes _~NO a II yes. for what intended purpose ~s the s~te being reclaimed,' b Wdl topsod be stockpded for reclamabon; _-Yes ENo c Wdl upper subsod be stockpded'ror reclamation; .~Yes ~.No How man~. acres of ,.egetabon /trees. shrubs, ground covers) w,II be removed from site; None acres ¥¥dl any mature forest (over 100 years old) or other ]ocalJY~mportant vegetation be removed by this project; ~Yes 6 Ii single phase prolect Anbc~pated period of construction N/A 7 If' multi-phased' N/A a Total number of' phases anticipated (number). b. Anucipated date of commencement phase I month c Approximate completion date of' final phase month d Is phase 1 functlona{lv dependent on subsequent phases? i~.Yes 8 Wdl blasting occur durln8 construction; EYes ~No N/A 9. Number of jobs ~enerated during construction N/A 10 Number of jobs eliminated by th~s proiect ~]one . 11 Will prolect require relocation of any prolects or localities; months. /mc{udrng demohbon). ~No Year. (including demolibon) year after proJect ~s complete []Yes ENo If yes. e×ptam 12 Is surface hquld waste disposal involved~ '~Yes ~_No a If' ',es. indicate type of waste (sewage. industrial, etc) and amount b Name of water body into which effluent will be discharged 1] Is subsurface hquJd waste disposal involved:' EYes ~No Type 14 Wdl surface area of an e,~stmg water body increase or decrease by proposa)~' Explain EYes ~No '1~ Is prolect or any port,on of prolect located ~n a 100 year flood plain? ~Yes 16 W,I] /he prolect ~,enerate sohd ~.aste~ ~Yes ,~No a If yes. '...hat is the amount Der month tons b If '~es. w,l] an ex~stmg sohd '.saste faclhtY be used; [~Yes ~No c If ses. g,ve name location d WdJ an,.. wastes nol go into a sewage disposal system or into a samtarv landfill; e If Yes. explain Unknown ~Yes ~No 1.' ~,%dl the project revolve the d~sposal ot sohd waste; a If yes. what ~s the ant,c~pated rate of disposall b If yes. wha~ ~s the ant,c,Dated s~te hfe; 18 WH] prolec[ use herb~odes or pesuc,des; ~--Yes ~mYes ~No Ions month years ~No 19 ¥¥ilJ project routinely produce odors {more than one hour per day)~ ~Yes x~_No 20 Wdl prolect produce operating no,se exceeding the local ambient noise {e'.els? ~.Yes 21 VvdJ project result ~n an increase m energy use? ~Yes If ,.es red,cate /spt(si 22 If w,lter SLJDpI,, is from v, elis. ,ad,cate pumDm§ capacKy gallons minute 2~ Total ant,opated '~.ater usage per da,, gallons~day ~'inima'l 24 Does project ,n',.olve Local State or Federal funding; ,~Yes If Yes. expla,n Federal: ~]No Dept. of Defense donations are regularly made of tanks and a r ~ TTTe ry--~lq~-u~..- 4 .-~.. ~ppro',als Required: T~pe 5ubmillal Date C~t;. To~n. i lilac,, ~ J*. ~"fe~ ~NO City. TOy. ri. Vlrlage Plaqnmn~ Board ~Yes ~No C~t~. roan Z.)n,n~ Board ~Ye~ ~No C~t~. County Hea![h Department ~Yes ~o Other Local ~genc,a~ ~Yes ~No Other Regronal ~gencre~ ~Yes ~o State Agencmes ~Yes Sho Federal Agenc,es ~es ~No Suffolk County Planning Co~ission X C. Zoning and Planning Inlormation Site Plan Approval __4/161ql I1: Yes. mdicate decision requ,red. What ~s the zonm§ classfflcauon(slof the ~lte! f.~Chf- Tn~ust~-~.l/_ResiA_e~tin! Officn L~hat ~s the rnax~mumootenb41 ~e~elopm~nt nj ~he s~te ~ de~eloped as ~erm~tted o~ the present zonmg~ bucn uses as are permzcce~, permz~d by special exceptmon and accessory uses allowed b~ Article XII, Section 100-140,Light Industrial District. of ~hm Ro,,~hmld Tm~m 7~ning CoHe What ~s the proposed zonmg of the s~el Ha~et Business (~hibit A) What ~s ~he ma~mum potenba[ development of the sde ,~ de~e~0ped as permitted by the proposed zomnR~ Such uses as are permitted, permi~d by special exception and accessory uses allowed by Article IX Section 100-90, Ha~t Is the proposed acbon cons,stent w~th the recommended uses m adopted local land u~e plans~ ~e~hZt--~o What a~e the predommant ~amd use(si and zonmg class~ca[,ons ~thin a % nde radius of proposed achon~ Ha~et Business, Residential Office, Light Industrial 8 Is the proposed acUon compatible w,th adlo~mng, surround:n¢ and uses w, qhm a '; m,)e~ -'~_Yes --_No 9 Ii the propo~,ed acbon ~s the Cubd~s~on pi land. how man,,' lots are proposed? a What ~s the mrmmum Jot s~ze proposed~ ~/A 10 WfJJ proposed ac/mon require ~nv authorization(s) for the rormahon of sewer or water dls[rmct¢/ ~Ye5 a It yes. ~s the ex,sung road network adequate to handle the additional [rarf~c~ D. Informational Details Attach any add~hona~ ,n~ormabon ~s may be needed to claru~ ~obr project Ir there are or may be an~ adverse rnlpa£ts assocrated w.~th ~our proposal, please d,scuJs Cuch ,mpact3 and the measures ~.h~rh you propose to m,ugate or a,. old them E. Verification ' certE, [hat the ,nrormahon p/~ed, a~ls rru,~o the best~ my kno,,led~e. Signature ~¢~/ / ~¢¢~ L_ _~ fJ[le ,~1~ c ~,~. / ~_~-, . ~¢ ~%~ II Ihe ~clio~ is i~ IMe Coaslal Area, aCd you are a ilale agency, ~omplele Ihe Coaslal A~sessme~l [orm be[ore proceeding with Ibis assessment. LAW OFFICES WICKHAM, WICKHAM & BRE$SLER, P.c July 22, 1992 RECEIVED Office of Southold Town Clerk P.O. Box 1179 Southold, N.Y. 11971 Attention: Judith T. Terry, Town Clerk Re: Petition for Change of Zone of William F. Gasser and the Americaan Armoured Foundation, Dear Mrs. Terry: This is further to my correspondence of May 21, 1992. Enclosed herewith please find six copies of the map dated June 25, 1992 to accompany the referenced Petition together with the original proof of mailing of the notice to adjacent owners required by section 100-292 of the Town Code. If there is further information required please contact me. .-~-~ DCR/dee lettersv/gasserclk Enclosures (6) JUDITH T. TERRY TOWN CLERK REGISTRAR OF V[T.~.L STATISTICS MARRIAGE OFFICER Toxin Hall. 53095 blain Road P.O. Box l17tl Southold. New York 1[971 Fax 15161 765 1823 Telephone 1516~ 765 181)1 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 27. 1992 HARVEY: TODAY I RECEIVED THE PETITION FOR A CHANGE OF ZONE FROM LI & RO to HB ElY WILLIAM F. GASSER & THE AMERICAN ARMOURED FOUNDATION. INC. AM LACKING CERTAIN ITEMS TO MAKE THE APPLICATION COMPLETE. I HAVE SPOKEN WITH DAN ROSS. AND EVERYTHING SHOULD BE COMPLETE SHORTLY. DAN WAS CONCERNED AS HE HAD PROMISED YOU THE APPLICATION WOULD BE SUBMITTED PRIOR TO THE END OF MAY. I TOLD HIM WOULD LET YOU KNOW I HAVE THE PETITION AND FEE IN MY OFFICE. LAW OFFICES WICKHAM. W~CKHAM ~ BRESSLER. P.C MAIN ROAD. P O. BOX i4~4 MATTITUCK, LONG ISLAND 21, 1992 Office of Southold Town Clerk P.O. Box 1179 Southold, N.Y. 11971 I Y37 Attention: Judith T. Terry, Town Clerk Re: Petition for Change of Zone of William F. Gasser and the American Armoured Foundation, Inc. Dear Mrs. Terry: Enclosed herewith please find an original and one copy of a Petition for Change of Zone. Also enclosed is an original and one copy of a Full Environmental Assessment Form with respect to the Petition. We have also enclosed two checks, one in the amount of $1,000.00 representing the application fee for the zone change Petition, and the other for $50.00 to the order of the suffolk County Planning Commission. in accordance with your earlier instructions. 'Ver~ t~y yours, // DCR:vm Encls. gaschk79 STATE OF NEW YORK TOWN OF SOUTHOLD IN THE MATTER OF THE PETITION OF WILLIAM F. GASSER and THE AMERICAN ARMOURED FOUNDATION, INC. FOR AN AMENDMENT TO THE SOUTHOLD TOWN ZONING CODE AND THE SOUTHOLD TOWN ZONING MAP FOR THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK PETITION FOR CHANGE OF ZONE TO THE TOWN BOARD OF THE TOWN OF SOUTHOLD: 1. I, WILLIAM F. GASSER, residing at 2383 Fifth Avenue, Ronkonkoma, Suffolk County, New York 11779, am the President of ;%merican Armoured Foundation, Inc. and the owner of certain real property situated at Mattituck, New York and more particularly bounded and described as follows: Ail that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Mattituck, Town of Southold, County of Suffolk and State of New York which is bounded and described as follows: BEGINNING at a point on the corner formed by the intersectio of the northeasterly side of Love Lane with the northwesterly sid of property of the Long Island Railroad Company and from said point of beginning: RUNNING THENCE northwesterly along the northeasterly side of Love Lane North 35 degrees 17 minutes 40 seconds West 50 feet; RUNNING THENCE along the land now or formerly of MacMillian North 45 degrees 05 minutes 00 seconds East 187.64 feet; RUNNING THENCE along the land now or formerly of MacMillian and Hawkins North 35 degrees 17 minutes 40 seconds West 336.23 feet t¢ the southeasterly side of Middle Road; RUNNING THENCE northeasterly along the southeasterly side of Middle Road, North 55 degrees 02 minutes 20 seconds East 60.00 feet; RUNNING THENCE South 35 degrees 17 minutes 40 seconds East along the land now or formerly of Wines 375.72 feet to land of the Long Island Railroad Company; RUNNING THENCE along land of the Long Island Railroad Company South 45 degrees 05 minutes 00 seconds Wet 248.50 feet to the corner aforesaid the point or place of BEGINNING. Hereinafter referred to as the "premises". 2. I petition the Town Board of the Town of Southold to amend the Southold Town Zoning Code and the Zoning Map, dated January 10, 1989, to change the zoning district within which the premises are located from Light Industrial ("LI") and Residential Office ("RO") to Hamlet Business ("HB"). 3. This request is made for the following reasons: Seventy eight percent of the premises are subject to th regulations prescribed by the Southold Town Zoning Code for property located in an LI District. There is HB zoned property t the immediate North, West and South of the premises. The Long Island Railroad tracks, which are in a HB District, are along the Southern border of the premises. To the North and to the West of a portion of the premises is the Ammirati property which is zoned Hamlet Business. To the East there is property zoned Light Industrial. From a zoning perspective, the proposed change of zone would bring the premises into conformity with the surrounding properties. The premises are a natural extension and complement the HB character of the Love Lane area. The HB zoned property to the North of the premises indicate the intent of the drafters of the Zoning Code was to extend North where appropriate the Love Lane HB District. The main entrance to the premises is on Love Lane. Although the premises border the railroad tracks, it would be incongruent to have an industrial use for a property with a main entrance onto Love Lane. The main entrance to the premises is on Love Lane. The Love Lane business district is zoned HB. The premises, because of the entrance, is more closely aligned an~ identified with the Love Lane Hamlet Business District than the Light Industrial zoned property to the East. In the LI District there is permitted by special exception certain industrial operations. Industrial operations are not permitted in the Hamlet Business zone. Consequently, thi: purposed change of zone is best described as an upzoning. From a logical planning perspective the premises should be zoned Hamlet Business. The premises are presently being used as a warehouse and as a museum to display for the public armoured vehicles, uniforms, weapons and various implements utilized by the Armed Forces of the United States of America. The American Armoured Museum is a unique aspect of the Mattituck Love Lane business district. The patriotic and commemorative message is clear in this dynamic, well-maintained and informative business in Mattituck. For the reasons set forth above, this application for a change of zone should be granted. ~ill£am 'F. Ga~er American Armoured Museum, By: William- F. Gasser INDIVIDUAL ACKNOWLEGEM~NT STATE OF NEW YORK) )ss.: COUNTY OF SUFFOLK) WILLIAM F. GASSER, being duly sworn, deposes and says: That he is the petitioner in the above entitled action; that he has read the foregoing petition and knows the contents thereof; that the same is true to his knowledge except as to the matters therein stated to be alleged upon information and belief, and that as to those matters he believes them to be true. WILLIAM F. GASSER Sworn to before me this ". day of~',/~ , 1992. r .... ~ CORPORATE ACKNOWLEDGMENT STATE OF NEW YORK) COUNTY OF SUFFOLK) On this /~- day of May, in the year 1992 before me personally came WILLIAM F. GASSER to me known, who, being by me duly sworn, did depose and say that he resides at 2383 Fifth Avenue, Ronkonkoma, New York 11779; that he is the President of AMERICAN ARMOURED FOUNDATION, INC. the corporation described in, and which submits this Petition for a Change of Zone; that this Petition is submitted by Order of the Board of Directors of said corporation, and that he signed his name thereto by like order. I / N°taryMbnc ~ ;r,-2 (2 87'~--7c 617.21 Appendix A Slate Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM SEQR Purpose: The full E&F ,s designed to help apphcants and agenoes determme, m an orderl~ manner, whether a prolect or action nqa,, be ,igmflcant The qtJestlon oi whether an action ma,, be )mgmticant is r~ot always easy to answer Frequent IV. there are aspects ota prolect that are sublectlve or unmeasureat)le It is also understood that those who determine ~gml~cance may have httle or no rormal know[edge c,i the en'.~ronment or ma,, be technically expert m en,.ironmental analysis Inadd~tlon many who have kno,.,.ledge ln one part~cular area ma; not be aware of the broader concernsaifectlng the question o[ Slgm[icance ]'he full EAF is intended to pro'.~de a method whereby applicants and agencies can be assured that the determination process has been orderly comprehensl,,e~nnature yet fle,~ble to alloy, introduction ot reformation to fit a project or action Full FAF Components: The tull E*,F is comprised o[ three parts. Part 1: Pro,.~des oblectl;e data and m'~ormation about a g~,,en project and ~ts site By ~dent~t,,mg basic prolect data. ~t ass~ts a rewev, er m the analys~s that takes place in Parts 2 and 3 Part 2: Focuses on ~dent~fYmg the range of possible impacts that may occur from a prolect or action it prov~de~ guidance as to ~,hether an impact ~s hkel¥ to be considered small to moderate or ¥.hether ~t ~s a potent~alb, large ~mpact The form also ~dent~fies whether an impact can be mitigated or reduced Part ]: If an', ~mpact m Part 2 ~s~dent~fied as potentially-large then Part 3 ~s used to evaluate whether or not ~mpact ~s actualhr ~mportant. DETERMINATION OF SIGNIFICANCE--Type 1 and Unlisted Aclions Identify Ihe Portions DJ EAF completed Ior this project: ~ Part 1 ,~ Part 2 ~:Part 3 Upon review of the ~format,on recorded on th~s EAF (Parts 1 and 2 and 3 .f appropriate), and any other supportmg reformation, and considering both the mag~tude and ~mportance oi each ~mpact, ~t is reasonably determined by the lead agency that _- & ].he prolect ~,dl not result in an,,, large and important impact(s) and therefore, is one which will not ha;e a slgmhcant ~mpact on the emdronment, therefore a negali,,e declaration will be p~epared. ~ B Although the prolect could ha,.e a significant effect on the environment, there will not be a slgnKican: ettect tot this Unhsted ~,ctlon because the mitigation measures described ~n PART ] ha',e been required. there[ore a CONDITIONED negative deciaratlon will be prepared.' _-- C The prolect ma'¥ result ,n one or more large and ~mportant ~mpacts [hat ma'v ha,.e a s~gmhcant on the en;~ronment, therefore a posilive declaration will be prepared. · *, Conditioned %egat~,e Oeclarat;on ~s only, vahd (or bnhiled -qct~ons WILLIAM F. GASSER AND THE AMERICAN ARMOURED FOUNDATION, INC. CHANGE OF ZONE-LI and RO to HB Name of Action Town Board of the Town of Southold Name oi Lead ~genc~ S~gnature of Responsible Drifter ,n Lead Agency $~gnature or Preparer (If ddieren~ Trom responsible ofi~cerl PART 1--PROJECT INFORMATION Prepared by Project Sponsor ',,4OTIC[ This document is designed to assist in determ.nlngwhether the act.on proposed ma'. have a ~,gnmcant eifect on the en,.~ronment Please complete the entire iorm Parts .A through E ,Ansv. ers to these questions wdl be considered as part at the apphcat~on tot approval and may be sublect to turthef rent,cat,on and pubhc re; ~e'..., Pro'.~de any addlhonal reformation you beliese wdl be needed to complete Parts 2 and 1 It is expected that completion et the full CAF will be dependent on reformation currendv avadab[e and wd[ not new stud~es, research or ~nvesugahon If mformahon reclu~rmgsuch add~t~onalwork ~s unavailable, so~nd~care and specify each mstance NAME OF ACTION Il · American Armoured Foundation, Inc. and William F. Gasser Change of Zone - L! and R0 to HB Love Lane, Mattituck, Count~ of Suffolk (SCTM 1000/140/2/16) ; NAME OF APPLICANT~ 'American Armoured Foundation~ Inc. ADDRESS Love Lane CIT~IPO [ STATE I ZIP CODE Mattituck i NY I 11952 NAME OF OWNER df ~lh~erenl) i BUSINESS TELEPHONE ]lilliam F r..sser I ,516, 543-6600 ADORESS 2383 Fifth Avenue CITY/PO STATE ~ ZIP CODE NY 11779 Ronkonkoma DESCRIPTION OF ACTION Application to change the zone from Light Industrial and Residential 0ffice to Hamlet Business with respect to property at Love Lane in Mattituck (SCTM 1000/140/2/16). Please Complele Each Question-Indicate N.A. il not applicable A. Site Description Physical setting et o~erall prelect, both de,.eloped and undeveloped areas Present land use , _L ban --Industrial ~Commercla[ ~Residentlal (suburban) ~Rural (non-tarm) ~Forest ~Agrlculture ~_Other ]jAJcphou~e and Mu~eHm Total acreage of prelect area 32,109 sqft ~:>~s APPROXIMATE ACREAGE PRESENTLY ·AFTER COMPLETION ~Aeadow or Brushland INon-agrlcultural) acres acres Forested acres acres Agricultural rlncludes oechards cropland, pasture, etc) acres acres Wetland (Fresh,,.,ater or t~dal as per Articles 2,4. 25 of ECL) acres acres ¥%ater Surtace Area acres acres Un,.egetaced iRock, earth or f~Jl) acres acres Roads buildings and other pa,,ed surfaces gld~ 7?fin Kq ft4¢~× -- Same x~Xk~ Other I, Indlcate t',pel acres acres %.hat is predominant sod t.,pets) on pro~ect sltel IIn~nc~n a g~.l drainage ~x,Nei[ drained 100 % o~ site ,~.loderatelv ',',ell drained % of site ~Poorl~ drained % of site b Ii any agricultural land is ,n,,ol'.ed ho,,,., mare, acres el sod are classdied within sod group 1 through 4 of the NYS Land ClassltlCatlon Ssstem~ None acres (See 1 NYCRR 370) .Are there bedrock outcroppings on prelect slte~ '_-Yes ~.No a ~.%hat is depth to bedrock~ Iin feetl ~15% or l~ er % b Is prolect sub.,ant~alJ'. ,-onthJu,)u~ to or contain a budding, sire or d~strlct, listed on the State or the Nat~onaJ 8 What ,% the d.p-h ,)t the *ater tableI tm feet) Unknown 10 Do hunLm~ ,,-h,n~ ,)r ~he~ h~h~n~ opportum[~es pre~en[l% ex,s~ ,n the prolect area~ ~es 11 Does prmec( s~te contain an~ ~pecies or plant or ammal hie that ~s identlhed as threatened or endangered~ Accordmn~ to ~Yes ~%o Oescrmbe [-. the proleCt s~te pre.entls used by the communlb, or nelshborhood as an open .pace or recreation area,~ 14 Doe. the present ~te ,nclude scemc we~s known to be important to the communi[y~ XNo 15 S~reams w~th~n or con~uous to prolec~ area NO~ lb Lakes. ponds, v. etland area~ ~.~th~n or conbguous to pralect area None a Name N/A b $~ze {In acres) 17 Is the s~te served by ex,stun§ pubhc utdiues? ~Yes ~.~No Electric al If Yes. does sufhc~ent capaot¥ e~st to allow connection? ~Yes ~No bi [~ ~es. w,l[ ~mpro~ements be necessary to allow connectionI ~Yes ~No 18 I~ the <~te located m an a~nLuJtural d~smct cerbf~ed pursuant to A~ncu~ture and Markets Law. Article 25-.&A. Sectmon 30~ and 3t]4~ ~-~es ~No 19 Is the s~te located ,n or substanuall~ conbguous to a Crdlca[ Enwronmenta[ Area def~gna[ed pursuant o~ the ECL and o %~CRR 617~ _~es 30 Has the ~,te e~er been used ror the disposal oi solid or hazardous ~astes~ ~Yes XNo Upon info~mat~0n and belief B. Project Description a Total cont,gdous acreage owned or controlled by project sponsor 32,109 sqft.~;x~ b Prolect acrea~,e Jo be de.eloped ~/A acres ~mbal[s _~N/,~ acres ultLmaLelv c Project acreage to remain uncle;eloped __~N/A acres NO physical change anticipated d Length oi prolect, m m e~ N/A Iii appropriate) e It the prolect ~s an expansion. ~nd~cate percent o[ expansion proposed __ }!/~ %. r Number of oTt-~treet parking spaces ex,st~n~ ~ . proposed h If re~,dent,aI ".umber and t~pe ol hour,n8 units N/A One Famd.. I'~.o Faro,h. Imhall~ L,h~matel~ ~ O,menslans {~n teet) o~ largest proposea structure N/A '~lultlpfe FamLfv he,ght, w,dth, length L~near teet of trontase alomi a pubhc thorou§h~are prolect will occupy ~s~ 50 rt and 60 fi:. Will disturbed areas be recl.. ,,ed~ _-Yes ~No ~NiA a Ir yes. for what intended purpose ,s the site being reclaimed? b Wd[ topsoil be stockp,led for reclamahon; -_Yes ENo c Wdl upper subsod be ~tockpded'for reclamauon~ ~Yes ~No Ho~ man~ acres of ~e~etat~on (trees. ~hrubs. Bround coversJ wdl be removed from s~te~ No~e acres W,II an~ mature forest (o~er 1~ years oldl or other Iocallv-~mportant vegetation be removed by th~s p~olect~ --Yes ~No If smile phase project. ~nbc~pated penod of construction N/~ months. (mcludm~ demolit,onJ 7 If mult,-phased N//~ a Total number of phases anbc~pated (number). b Anticipated date of commencement phase 1 month c Approximate completion date of hnal phase month d Is phase 1 functionally dependent on subsequent phases? ~_'l'es 8 W,I1 blastm8 occur durra§ construction;, ~Yes _--No N/A 9 'Number of lobs generated dunn~ construction N/,6, 10 Number of lobs ehmmated by th~s prolect ~lone 11 WHI prolect require relocation of any prolects or facdities;, ~No year. (including demolition) year · after project ~s complete ~Yes y~No If yes. explain 12 Is surface liquid waste disposal in,,olved;, ~Yes x~No a Ii ses. indicate type oi waste (sewage, industrial, etc.) and amount b Name of water body into which effluent wd] be dischari~ed 13 Is subsurface hquld waste disposal involved;' eyes ~]No Type 14 W,II surface area of an existing water body increase or decrease by proposalS' E,~plaln ~_Yes r~No 16 ~'1[I the project generate sohd waste~ ~Yes ~No a If '~es what is the amount per month tons b If les. ~.dl an existing sohd ',',aste facility be used) E]Yes ~No c Ir ~es. ~mve name Iocatmon d ~1] any wastes nol ~o ,nto a sewage dmsposal skstem or into a sanmta~ landfmll~ e If Yes. explamn Is proiect or an',, portion oi prolect located ~n a 100 year flood pJain~ ~Yes ~No Unknown ~Yes ~No 17 kA, II[ the project m,,olve the dmsposal of so[md waste) a If ',es, what is the anticipated rate of b If ',es what is the anuclpated site life;, 18 WHI prolect use herbicides or pestlCldes~ _~Yes ~-Yes ~No tons month. ~No 19 ',%,11 project routlnel'r produce odors lmore than one hour per day)? ~Yes 20 WiJI prolect produce operat~n8 noise exceeding the local ambient noise le'.els;, 21 V~iII prolect result in an ,ncrease in ener8y use.' ~Yes )~No if ~es indicate tspe(s) x~.No -'Yes ~'No 22 I~ ~.ater suppl', is from ,s. ells indicate pumping capacity §allon:,mlnute 23 Total anuclpated ~,ater usage per da'~ gallonslrday Minimal 24 Does project m,,olve Local State or Federal funding7 )~Yes ~No Ii Yes. explain ........ Federal: Dept. of Defense donations are regularly made of tanks and ar~cTTTery for the Mu~um. 4 2-~. Appro,,als Required: C~t~, To~n '~ C~tv. Town. ~rllage Plannit] Board ]~Yes _--No Other Local ~g,~n,:, Suffolk County Planning Commission X C. Zoning and Planning Information Site Plan Approval [}ale Does proposed action ,nvoJve a pJannln8 or zoning decision) ]~'tes II Yes. indicate dec,~lon required · '~'zomng amendment ~zonm§ vanarce ~spec~al use permit --subdivision ~[e plan ~ne~ recision or master plan ~rescurce management plan ~other ~ha/ ~s the zonmg classd~cat~on[s)o[ the s~te~ ' ' ia! ~ ~hat ~ the max~mumaotenU4i ~elopm~nt of ~he sde ~r de~eloped as ~ermltted b~ the present zonmg~ 9uc~ ~se~ as are perml~eg~ perml~d by special exceptlon and accessory uses allowed by a~-ticie ~II. Section 100-140,LiRht_ Industrial_ ~istric~. of ~h~ ~h~la ~m.~ 7~.4~.___= ~_ode ' ' (~hibit What is the proposed zomng of the slte~ Ha~et Business What ~s the maximum potenbal development of the s~te ~f de~eloped as permitted by the proposed zomng~ Such Dses as are permitted, peTmi~d by special exception and accessory uses allowed by Is the proposed action con5rs/en[ w~[h the recommended uses m adopted local land use prams ~Yes ~o what are the predommant land usetsJ and zoning cJas~lhca[~ons *l[h~ a % m,le r~dlos o~ proposed Hamlet Business, Residential Office. Light Industrial B Is the proposed achon compaubJe w~th adlolmng, surroundmg ,and uses ¥,rthln a ~ mile) ~(~es ~No 9 h the propo.ed action i~ the ~ubdl,.~slo. or land. how many ]ol~ are proposedl a What ~s the mm~mum lot ~ze proposed~ N/A 10 WrlJ proposed action require any authorlzat,on(s) for the rormahon ot sewer or ~ater dlstrlct~ ~Yes 11 Wdl Ihe proposed action creJ/e a demand ~or an~ communrt~ pro.ideal ~ert,ces ~recrea~on education pohce fire protectlom~ -~es ~No a Ii ve~. ~ e~,~hng capac~t~ ~urhc~ent ~o handle prolected demand~ ~e~ ~-No 12 ~dl the proposed acHon result m ~he generation ot traH~c s~gmhcanll~ abo~e present le~el~ ~Yes ~No a 1~ yes. ,s (he exl~tmg road network adequate to handle ~he add,honal traf[~c) ~es ~No D. Inlormalional Details ~ttach 8n~ addrtlonal in[ormat~on 3~ mas. be needed co LJarlr~ ~o~r projecI Ir there ate or may be ans adverse ~r~lpact~ associated ~.~th ~nur p~opo~al, please d~scuss such ~mpacts Jnd the measures ~hlch you propose to tuff,gate or a.. o~d them E. Verilication I cer~,,~ ~ha~ the ,nrorma~,on p~led/.~ a~.9~ is tr .u..e.~o [he t~es~ .~r m~ kno',..redge ~pprmcan, 5~onsor N~mm~ .... .'/~.~'~' ~¢~ ~.~ ~/~ '~ -~. ~ __~__r' ~ ~)Date ~~__ I[ Ihe action is in Ihe Coaslal Area, and you are a slale asency, complele Ihe Coastal Assessmenl Form beiore proceeding wilh this assessmenl. 5 Part -PROJECT IMPACTS AND THE! VlAGNITUDE Responsibilily o1' Lead Agency General In[ormalion (Read Carefully) · In completing the form the re'.~e~er should be guided b'~ the queshon Ha'..e m~ responses and determmat,ons been reasonable.~ The re~,,ewer ,s not expected to be an expert environmental analyst · Identifying that an ,mpact wdl be potentially large /column 2i does not mean that it is also necessard~ significant. Any large ,mpact must be evaluated m P&RT 3 to determine s,gmficance Identifying an *mpact m column 2 s~mply asks that it be looked at further · The Examples prowded are to assist the re;rower by showing t~pes of impacts and wherever possible the threshold of magnitude that would trigger a response ,n column 2. The examples are generally applicable throughout the State and for most s,tuauons But. for any specific project or s~te other examples and:or lower thresholds mas be appropriate for a Potenhal Large Impact response, thus requmng evaluation in Part 3. · The ~mpacts of each protect, on each s~te. m each locality, will vary Therefore. the examples are dlustrat,ve and have been offered as guidance They do not constitute an exhaustive list of impacts and thresholds to answer each question · The number oi examples per question does not indicate the importance of each question · In identifying ~mpacts. consider long term. short term and cumlative effects Inslructions (Read carefully) a .Answer each of the 19 questions m PART 2. Answer Yes if there wdl be any ~mpact b Maybe answers should be considered as Yes answers c If answering Yes to a question then check the appropriate box (column 1 or 2J to indicate the potenhal s,ze of the ~mpact if ~mpact threshold equals or exceeds any example prowded, check column 2. If ,mpact will occur but threshold ~s Io~.er than example, check coJumn 1 d If reviewer has doubt about s~ze of the impact then consider the impact as potentially large and proceed to PART 3. e If a potenhally large Impact checked in column 2 can be mitigated by change(s) in the protect to a small to moderate ,mpact. also check the Yes box in column 3. A No response indicates that such a reduction is not possible This must be explained in Part 3 IMPACT ON LAND Will the proposed action result in a physical change to t~.e project sitet [2JNO Examples that would appl'v to column 2 · Any' construction on slopes of 15% or greater, {15 foot rise per 100 foot of length), or v. here the genera[ slopes ~n the project area exceed 10% · Construcuon on land v, here the depth to the water table ~s le~s than ] feet · Construction of paved parking area for 1,000 or more veh.cles · Construction on land where bedrock is exposed or generally 3 feet of ex~st~ng ground surface · Construction that '~,.11 conhnue for more than 1 ,,ear or m',olve more than one phase or ~tage · [xca,.aUon for mmmg purposes that would remo,.e more than 1.000 tons o( natural material (i e , rock or sod) per ,/ear · Construction or expansion of a samtar,r, landfill · Construction m a designated floodway · Other ~mpacts 2 ~ill there be an effect to ant un,que or unusual land forms found on the s~te~ [~ e . chi(s, dunes. ~eolog~caJ formations, etc )E~NO ~YES · Specd~c land form,; 6 I 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change [] I~ ~Yes ~No [] I~ [~ '~ es '~NO ~ ~ ~es ~No ~ ~ ~Yes ~No ~ ~ ;;~es ~No iMPACT OH WATER Will proposed action affect any water body designated as protected? (Under ^rhcles 15, 24, 25 o1: the Environmental Conservation Law, ECL) [2YES Examples that would apply to column 2 · De,,elopable area of ~te contains a protected water body · Dredging more than 100 cubic yards of material from channel of a protected stream · Extension of utility distribuboo facdities through a protected water body. · Construction m a designated freshwater or t;da] wetland · Other ~mpacts: 4 Will proposed action affect any non-protected existing_ or new body of water! ~NO ~_YES Etamples that would apply to column 2 · A 10% increase or decrease in the surface area of an,/ body of water or more than a 10 acre increase or decrease. · Construction of a body of water that exceeds 10 acres oi surface area · Other impacts 5 Will Proposed Action affect surface or groundwater quality or quantity? ~NO []YES Examples thai would apply to column 2 · Proposed Action will require a discharge permit · Proposed Action requires use o~ a source ot water that does not have approval to serve proposed (project) action. · Proposed Action reqmres water supply from wells with greater than 45 gallons per minute pumping capacity · Construction or operation causing any contamination of a water supply system · Proposed Action wdl adversely affect groundwater · L~quid effluent bill be conveyed off the s.te to tacilities which presently do not ex~st or ha,.e inadequate capacity · Proposed Action would use water in excess of 20,000 §allons per da,, · Proposed Action will likely cause siltation or other discharge into an existin~g body of ,,'.ater to the extent that there wdl he an obvious visual contrast to natural conditions. · Proposed Action ~.,dl require the storage o~ petroleum or chemical products greater than 1,100 gallons andor sewer ser;,~ce~ · Proposed Action locates commercial and/or mdust.al uses which may require new or expansion of exrsting waste treatment and/or storage · Othel impact~ 6 Will proposed action alter drainage tlow or patterns, or surface water runotf~ ~NO J~YES Examples that would apply to column 2 · Proposed Action would change flood water flo,,',s I 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change [] [] [~Yes ~]No [] [] ~]Yes []No [] ~' I~Yes L~No [] ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~ ~ ~Yes ~No ~ ~ ~Yes ~ ~ ~es ~ ~ ~Yes ~No ~ ~ ~Yes ~o ~ ~ ~Yes ~No E~ ~ ~Yes ~No ~ ~ ~YeS ~No · Proposed .a, CtlOn may cause substantial erosion · Proposed ~chon ~$ mcompahble with ex~stmg drainage patterns · Proposed Action wdl allow development m a designated floodway. · Other ,mpacts IMPACT ON AIR 7 Wdl proposed action affect a~r quality,' ~x~NO []YES Examples that would apply to column 2 · Proposed .Action ,,...~[I induce 1.000 or more vehicle trips ,n any given · Proposed Achon will result m the incineration ot more than 1 ton oi refuse per hour · Emission rate of total contaminants wdl exceed 5 lbs per hour or a heat source producing more than 10 mi]hon BTU's per hour. · Proposed action will allow an mcrea~e m the amount of land committed to industnal use · Proposed action ~,,,11 allow an increase in the density, of industrial development w~thm ex~stmg industnal areas · Other ~mpacts IMPACT ON PLANTS AND ANIMALS 8 Will Proposed Action affect an,/ threatened or endan,~lered species? ;~-_NO EYES Examples that would apply to column 2 · Reduchon of one or more species listed on the New York or Federal hst. using the s~te. o'.er or near sde or found on the site · Removal of any porhon oi a critical or s~gnif~cant wddlife habitat · Applicauon of pesuode or herbicide more than twice a year. other than for agricultural purposes · Other ~mpacts 9 will Proposed Action substanhally affect non threatened or non-endangered ~pecles? ENO Examples that ~,ould apply to column 2 · Proposed &ct~on ~'.ould substanha]l~ ~nterfere ~lth any resident or m*grator~ f~sh. shellfish or wddhfe ~pecles · Proposed Action requires the removal o~ more than 10 acres of mature forest (over 1~ years o[ age) or other Iocall~ important ~egetat~on IMPACT ON AGrICULTUrAL LAND RESOURCES 10 ~¢,1] the Proposed Acbon affect agricultural land resources~ ~NO ~ES Examples that would apply to column 2 · The proposed action would se~er, cross or limit access to agricultural land (includes cropland, hayfields, pasture, vineyard, orchard, etc ) I 2 3 Small ~o Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change [] [] ~2Yes ~No [] ~ ~,'es ~no [] [] ~'~es ~No [] ~ ~te~ ~No ~ ~ ~¥es ~No ~ ~ ~Ye~ ~No ~ ~ ~Yes ~No ~ g ~Yes ~No ~ ~ ~Y~ ~No ~ ~ ~'~ ~No ~ ~ ~Yes ~No · Construchon activity would excavate or compact the so~l profile of agricultural land. · The proposed action would irreversibly convert more than 10 acres of agricultural land or, ~f located in an A§ricultutal District, more than 2 5 acres of agricultural land. · The proposed action would disrupt or prevent installation of agricultural land management systems (e g., subsurface drain lines, outlet ditches, strip cropping); or create a need for such measures (eg cause a farm field to drain poorly due to increased runoff) · Other impacts' IMPACT ON AESTHETIC RESOURCES 11 Wilt proposed action affect aesthetic resources? ~NO ~YE5 (If necessary, use the Visual EAF Addendum in Section 61721, Appendix B ) Examples that would apply to column 2 · Proposed [and uses, or proiect components obviously different from or In sharp contrast to current surrounding land use patterns, whether man-made or natural. · Proposed [and uses, or proiect components visible to users of aesthehc resources which will eliminate or s~gmficantly reduce their enloyment of the aesthetic qualities of that resource. · Project components that will result in the elimination or s.gnificant screemng of scemc views known to be important to the area · Other ~mpacts IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12 Wrll Proposed Action impact any srte or structure of h~storic, pre- histor.c or paleontological importance? []NO I~YES [~[amples that would apply to column 2 · Proposed Action occurring wholly or partially w~thin or substantially contiguous to any facdity or s~te listed on the State or National Register of historic places · Any ~mpact to an archaeological $~te or fossd bed located w~thm the prolect s~te · Proposed Action will occur in an area designated as sensitive for archaeological s~tes on the NYS S~te Im, entory · Other ~mpacts IMPACT ON OPEN SPACE AND RECREATION 13 ~A, HI Proposed Action affect the quantity or qualit~ of ex~stmg or future open spaces or recreational opportunities? E,amples that would apply to column 2 ~NO []YI~S · The permanent iorec]osure of a [uture recreational opportunity · A major reduction of an open space important to the community. · Other impacts 9 I 2 3. Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impacl Project Change [] ~ i~¥es ~o [] ~ C'~Yes ~INo [] ~ ~Yes ~No [] ~ ~Yes ~No ~ ~ ~Ye~ ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Ye~ ~No ~ L~ ~tes ~No IMPACT ON ,~ANSPORTATION 14 Wdl there be an effect to ex~st~ng transportation systems? ~.INO ~YES Fzamples that would apply to column 2 · AJterahon of present patterns of movement of people and/or goods · Proposed Action wdl result ~n malor traffic problems · Other ~mpacts. IMPACT ON ENERGY 15 WdJ proposed action affect the commumty's sources of fuel or energy supply ~ ~]NO []YES Examples that would apply to column 2 · Proposed .&chon wdl cause a greater than 5% increase m the use of any form ol energy in the mumcipa[ity · Proposed Action will require the creation or extension of an energy transmiss*on or supply system to serve more than SO s*ngle or two family residences or to serve a major commercial or industrial use. · Other ~mpacts NOISE AND ODOR IMPACTS 16 Will there be objectionable odors, noise, or wbration as a result of the Proposed Action`. ~NO I~YES Examples that would apply to column 2 · Blasting within 1,500 feet of a hospital, school or other sensitive fatality. · Odors wdl occur routinely (more than one hour per day) · Proposed &chon will produce operating no,se exceeding the local ambient noise levels for noise outside of structures. · Proposed ActJon will remove natural barriers that would act as a · Other impacts IMPACT ON PUBLIC HEALTH 17 Wdl Proposed Achon affect pubbc health and safety.' ~NO OYES Examples that would apply to column 2 · Proposed Action may cause a risk of explosion or release of hazardous substances (i e. od, peshcides, chemicals, radiation, etc )in the event of accident or up,et condibons, or there may be a chronic Iow level discharge or emission · Proposed Action ma,,, result m the burial of "hazardous wastes" m any form (ia toxic, poisonous, h~ghly reactive, radioactive, irritating. mfecnous, etc ) · Storage facd~t~es for one milhon or more gallons of liquified natural gas or other flammable liquids · Proposed action may result in the excavation or other disturbance ','.~thm 2.000 feet of a s~te used for the &sposal of solid or hazardous · Other impacts. 10 1 2 3 · -,,nail to Potential Can Impacl Be Moderate Large Mitigated By Impacl Impact Project Change [] ~ I~yes ~No ~ ~ :~Yes ~No ~ [~ ~Yes ~no ~ ~ ~Yes ~No ~ E2 ~Y~s ~No ~ ~ ~Y~ ~No IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD 18 Will proposed action affect the character of the ex~sting community~ ENO ~¥E$ Examples that would apply to column 2 · The permanent population of the city, town or vdlage in which the project is located ~s hkely to grow by more than 5% · The municipal budget for capital expenditures or operating services will increase by more than 5% per year as a result of this project. · Proposed action will conflict w~th officially adopted plans or goals · Proposed action will cause a change m the density of land use · Proposed Action will replace or eliminate existing facdities, structures or areas of h~storlc importance to the community · Development wdl create a demand for additional community services [eg schools, police and lire, etc ) · Proposed Action will ~et an important precedent for future projects · Proposed Action wdl create or eliminate employment · Other ~mpacts'____ 1 2 3 Small Io Potential Can Impact Be Moderate Large Mitigated By Impact Impact Proiect Change ~ [] [~--]Yes ~o [~ ~ ~Ves ~NO ~ ~ ~¥es ~o 19 Is there, or is there likely to be, public controversy related to potential adverse environmental impacts? ~NO ~YES If Any Action in Part 2 Is Identified as a Potential Large Impact or If You Cannot Determine the Magnitude of Impact, Proceed lo Part 3 Pad 3--EVALUATION OF THE IMPORTANCE OF IMPACTS Responsibility of Lead Agency Parl 3 musl be prepared il one or more impact(s) is considered Io be potenliall¥ large, m, en il' the impact(s) may be mitigated. Inslruclions Discuss the following for each ~mpact ~dentified rn Column 2 of Part 2 1 Briefly describe the impact 2 Describe fif applicablel how the ~mpact could be mitigated or reduced to a small to moderate ~mDact by prolect change(si 3 Based on the reformation avadable, decide if it is reasonable to conclude that th~s ~mpact is imporlanl. To ans,,'.er the questron of importance, consider · The probabd~t; of the ~mpact occurring · The duration of the ~mpact · Its irre','ers~bdity, including permanently lost resources oi: value · Whether the wnpact can or will be controlled · The regional con~,equence of the ~mpact · Its potenhal divergence from local needs and goals · Whether known oblect~ons to the project relate to thl~ impact (Continue on attachmenbJ 11 § Io0-122 SOUTHOLD CODE § 100-131 § 100-122. Bulk, area and parking regulations. No building shall be used and no building or part thereof shall be erected or altered in the M[I District un]ess the same conforms te the Bulk Schedule and Parking and I~ading Schedules incorporated into this chapter by reference, with the same force and effect if such regulations were set forth herein in flJll? ARTICLE XIII Light Industrial Park/Planned Office Park (LIO) District [Added 1-10-89 by L.L. No. 1-1989~q § 100-130. Purpose. The purpose of the Light Industrial Park/Planned Office Park ILIO) District is to pro~'ide opportunity for the location of busine.~ and professional offices, research facilities, industrial uses and similar aetMties in an open, campus-like setting in areas which are not appropriate ['or commercial activity or Iow-density residential development. In this area, such uses can be established in an attractive en~qronment and serve beth as a means of preserving the open qualities of an area and prmqding an area adjacent to hamlet areas where such uses can be appropriately developed wqth suitable prou~ction for ground- and surface waters, All uses must conform to Suffolk County Health Department standards. § 100-131. Use regulations. In the LIO District. no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used. in whole or in part, for any purpose except the following: § 100-131 ZONING § 100-131 A. [Amended 5-9-89 by L.L No. 6-1989] Permitted uses. The roi]owing uses are permitted uses and, except for those uses permitted under Subsection A(1) hereof, are subject to site plan apprm~l by the Planning Board: (1) An3' permitt~:t uses set forth in and aa regulated by § I00-31A(2) and (3) of the Agricultural-Conservation District. (2) Any permitted uses set forth in and a.s regulated by § 100-10IA(3) to (5) of the General Business District. 13) Office buildings for businesses, governmental and professional uses, including administrative training, data processing, publication, financial and sales offices. (41 Telephone exchanges. (5) Buildings, structures and uses owned or operated by the Town of Southold, scheol districts, park districts and fire districts. B. Uses permitted by special exception of the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided, subject to site plan approval by the Planning Board: (1) Any special exception use set forth in and as regulated by § 100-101BISI, (7) and Il0) of the General Business District, (2) Light industrial uses invol~4ng the fabrication, reshaping, reworking, assembly or combining of products from pre~qously prepared materials and which do not involve the synthesis of chemical or chemical preduetz other than for pharmaceutical or research purposes or the process- ing of any raw materials except agricultural raw materials. Such uses may include industrial operations such aa electronic, machine parts and small component assembly, as opposed to heavy industrial operations such as automobile assembly or milling actMties, and will be subject to the follox~ing conditions: 10t)91 § 100-131 SOUTHOLD CODE § 100-131 (al No such process or operation shall involve the handling, storage or discharge of explosives or permit upon the premises any virus or other type of infectious organisms identified with diseases of animals or humans. (b) No offensive noises, gases, fumes, smoke, odors, dust, effluent or ~Sbrations shall emanate from such use and no waste products shall be discharg~i therefrom of a character to create a nuisance or to be injurious to health or to negatively impact groundwater. (c) Such processes shall involve the use of only oil, gas or electricity for fuel. (3) Conference facilities, subject to the folloMng conditions: (al Where rooms are provided for conference attendees, said rooms are permitted a.s set forth and regulated by § 100-61B(4) of the Resort Residential (RR) District. [Amended 5-23-89 by L.L. No. 7-1989] (4) Public utility structures and uses. (5) Printing or publishing planks. (6) Truck or bus terminals (garages, parking facilities. loading docks, etc.). Food processing and packaging plants, not including fish processing plants. (8) Wholesale and retail sa]es and repair of boats and marine items. (9) Boat building, boat servicing and boat storage facilities. (10) Restaurants. (11) Sauerkraut manufacturing plants. (12~ Basic Utility Stage Il airport, subject to the fo[lowing conditions: 10092 § 100-131 ZONING § 100-131 Iai Minimum parcel size shall be one hundred (100) (13) Bed-and-broakfast uses as set forth in and as regulat~l by § 100-3113(15), provided that no site plan approval is required. (14) Wineries. [Added 8-1-89 by L.L. No, 15-1989] C. [Amended 5-9-89 by L.L. No. 6-1989] Accessory uses. The following uses are permitted as ac~ry uses and, except for residentiul ace~t~nry us~ and signs, which are governed by Article XX, are subject to site plan review: I1) Accessory uses on the same lot with and customarily incidental to any permitted or special exception use and not involving a separate businem. (2) Wall signs a.s set forth in and regulated by § 100- 81C(2Xb) of the Limited Business District, limited to a maximum size of thirty (30) square feet in ares. (3) Freestanding or ground signs as set forth in and regulated by § 100-101C(3) of the General Business District. (4) Fully enclo~:i storage facilities incidental to the principal 15) Open storage ss set forth in and regulated by § 100- 101C(4) of the General Business District. (6) Indoor and outdoor recreation facilities for the exclusive use of executives and employees of the principal use and Their families. (7) In-secvice training schools for employees of the principal (8) Private garages for the storage and service of motor vehicles owned by the owner of the principal use or the executives or employees thereof, or visitors thereto, including the sale of them, but not te the public generally of gasoline, oil and minor accessories. 10093 lo- ~- ss § 100-131 (9) (10) (11) SOUTHOLD CODE § 104)-140 Central heating and power plants accessory to the principal u~ and the service of all structures on the premises. Maintenance and utility shops incidental to the principal Off-street parking and loading. Said areas shall not be nearer than fifty (50) feet to any lot line or street and, if generally adjacent to any street or any residence district, shall be suitably screened by a landscaped strip of at least ten (10) feet in width. § 100-132. Bulk, area and parking regulations. No building or premises shall be used and no building or part thereef shall be erected or altered in the LIO Light Industrial Park/ Planned Office Park District unless the same conforms to the Bulk Schedule and Parking and Loading Schedules incorporated into this chapter by reference, with the same force and effect us if such regulations were set forth herein in full? ARTICLE XlVzs Light Industrial (LI) District [Added 1-10-89 by LL. No. 1-1989] § 100-140. P~rpo~. The purpose of the Light Industrial (LI) District is to pro~qde an opportunity for business and industrial uses on smaller lots than would be appropriate for the LIO Light Industrial Park/Planned Office Park District. 10094 lo- ss s9 § 100-141 ZONING § 100-141 § 100-141. Use regulations_ In the LI District no building or premi~ shall be used and no building or part of a building shall be ereci~l or altored which is arranged, intended or designed to be used, in whole or in part~ for any purpose except the following A. [Amended 5-9-89 by L.L No. 6-1989] Permitted uses. The follow/ng ~ are permitted uses and, except for th~r,e uses permitted under Subeection A(1) hereof, axe subject tn site plan approval by the Planning Board: (1) Any permitted uses set forth in and as regulated by § 100-31A{2) and (3) of the Agricultural-Conservation District. (2) Any permitted uses set forth in and as regulated by § 100-131A(2) tn (5) of the Light Industrial Park/Planned Office Park District. B. Uses permitted by special exception of the Board of Appeals. The follo~4ng uses are permitted as a special exception by the Board of Appeals as hereinafter provided and subject tn site plan approval by the Planning Board: (1) Any special exception use set forth in and as regulated by § 100-13113(1) to Ill) of the Light Industrial Park/ Planned Office Park District 12) l?~ed-and-break.fast uses as set forth in and as regulated by § 100-31B(15), pro~ided that no site plan approval is required. (3) Wineries. [Added 8-1-89 by L.L. No. 15-1989] C. [Amended 5-9-89 by L.I~ No. 6-1989] Accessory uses. The following uses are permitted as aecessery uses and, except for residential accessory uses and signs, which are governed by Article XX, are subject to site plan review: il) Accessory uses on the ~'~ame lot with and eustnmarily inciden~l tn any permitted or special exception use and not involving a separate bus/ness. 10095 lo 2s ss § 100-141 f'~) (4) SOUTHOLI) CODE Wall signs as set forth and as regulated by § lO~- 81C(2Xb) of the Limik~t Busine~ District, limited to a maximum of thirty (301 square feet in area. Freestanding or ground signs as set forth in and as regulated by § 100-101C(31 of the General Business District. Accessory uses as set forth in and as regulat~l by § 100- 131C(3) and (7) through (10) of the Light Industrial Park/ Planned Office Park District. § 100-142. Bulk, area and parking regulations. No building or premises shall be used and no building or part thereof shall be erected or altered in the LI Light Industrial District unless the same conforms to the Bulk Schedule and Parking and Loading Schedules incorperated into this chapter by reference, w/th the same force and effect ~ if such regulations were set forth herein in full? ARTICLE XVa° Density, Minimum Lot Size and Bulk Schedules [Added 1-10-89 by L.L. No. 1-1989] § 100-150. Repeal of existing schedule; incorporation of new The existing Bulk and Parking Schedule incorperau_~i into this chapter by reference is hereby repealed, and the Density. Minimum Lot Size and Bulk Schedules hereinafter set forth are substituted in place thereof,at 1o-za s9 § 100-81 ZONING § 100-91 [3] Exceed thre~ (3) feet in height. [4] Project more than one (1) foot from such wall. § 100~82_ Bulk, area and parking regulations. Except as otherwise provided herein, no building~ or premises shall be used and no building or part thereof shall be erected or altered in the LB District unless the same conforms to the Bulk Schedule and Parking and Loading Schedules incorporated into this chapter bi' reference, with the same force and effect as ff such regulations were set forth herein in full? ARTICLE IX Hamlet Business (HB) District [Added 1-10-89 by kk No. 1-1989~] § 100-90. Purpose. The purpose of the Hamlet Business (HB) District is to provide for business development in the hamlet central business areas, including retail, office and service uses, public and semipublic uses, as well as hotel and motel and multifamily residential development that will support and enhance the retail development and pro~'ide a focus for the hamlet area. § 100-91. Use regulations. In the HB District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: 10075 7 is s9 § 100-91 SOUTHOLD CODE § 100-91 A. [Amended 5-9-89 by L.L No. 6-19§9] Permitted uses. The following are permitted uses and, except for those uses permitted under Subsection A(1) and (21 hereof, are subject to site plan approval by the Planning Board: Any permit~-~d use set forth in and regulated by § 100- 31A(D and (3) of the Agricultural-Conservation District. Any permitted uses as set forth in and as regulated by § 100-42A(2) of the Hamlet Residential District. 13} B~ardinghouses and tourist homes (41 Business, professional and governmental offices. (5) Banks and financial institutions. ][{emil stores. (7} Restaurants, excluding drive-in restaurants. (8) Bakeshops (for on-premises retail sale). (9) Personal service stores and shops, including barbershops, beauty parlors, professional studios and travel agencies. (10) Art, antique and auction galleries. ~111 Artists' and craftsmen's workshops. (12) Auditoriums or meeting halls. (13) Repair shops for household, business or personal appli ances, including cabinet shops, carpenter shops, electrical shops, plumbing shops, furniture repair shops gnd bicycle and motorcycle shops. (14) Custom workshops. (15) Bus or train stations. 116) Theaters or cinemas Iother than outdoor}. (17) Libraries or museums, 118} LaundromaUs. 10076 : ~s. ss § 100-91 ZONING § 1~)0-91 B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafi~er provided, subject ~o site plan approval by the Planning Board: (1) Any special exception use set forth in and ~ regulat~l by § 100-31B(3) to (6) and (14) and (15) of the Agricultural Conservation District. (2) Multiple dwellings and townhouses. (3) Motel and hotel uses as set forth in and regulated by § 100-61B(4) of the lq~sort Residential IRRI District, except that minimum lot size shall be thee 13) acres. [Amended 7-31-1990 by Ord. No. 16-1990] (4) [Amended 12-12-89 by L.L. No. 23-1989] Apartments may be permitted over retail stores and business, professional and governmental offices, subject to the following requirements: la) 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 permitted 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 ~ 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 ease 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 s~e and convenient habita- tion, meeting the New York State Uniform Fire Prevention and Building Code and the Sanitary Code. 10077 9- ~5 ~ § 100-91 id) (e) (0 SOUTHOLD CODE § 100-91 There shall be no more than three (3) apartments created or maintained in any single building. 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 fleer. Each spar tment shall have at least one (1) on-site off- street parking space meeting the standards of this chapter, conveniently located for access to the apartment. Only the owner of the building in which it is proposed to locate the apartmentls) may apply for this special permit. The Board of Appeals shall require that such applicant execute such agree- merits, contra:ts, easements, covenants, deed restric- tions or other legal instruments running in favor of the town as, upon recommendation of the Town Attorney, the Board 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 [2] The apartment is made available for year- round rental. The apartment is properly constructed, main- mined and used, and unapproved uses are excluded therefrom. [41 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. 10078 9. ~s- ~ § 100-91 (5) ZONING § 100~91 Bed-and-breakfast enterprises or boarding and/or tourist homes as set forth and regulated by § 100~lB(5) of the Resort Residentia] (RR) District. (Cont'd on page 10079) 10078.1 9- 2~- so § 100-91 (6) ZONING § 100-93 Fraternal or social institutional offices or meeting halls. (7) Drinking establishments. (8) Public garages. (9) Funeral hemes. (10) Wineries. [Amended 8-1-89 by L.L No. 15-1989] C- [Amended 5-9-89 by LL No. 6-1989] Accessory uses. The following uses are permitk~l as aeeeseory uses and, except for residential aceesc~ry uses and signs, which are subject to Article XX, are subject to si~ plan review: (1) Accessory uses as set forth in and regulated by § 10& 31C(1) through (7) of the Agricultural-Conservation District. and subject to the conditions set forth in § lo& 33 thereof. (2) Signs, as set forth in § 100-81C(2) of the Limited Business District. (3) Directional or informational signs, not exceeding ~:wo (2) square feet, which the Planning Board finds to be necessary to facilitate circulation throughout the district. § 100-92. Bulk, area and parking regulations. No building or premises shall be used and no building or part thereof shall be erected or altered in the HB District unless the same conforms to the Bulk Schedule and Parking and Loading Schedules incorporated into this chapter by reference, with the same force and effect as if such regulations were set forth herein in full.~s § 100-93. Uses confined ~ enclosed buildings. All uses permitted in the HB District, including the display and sale of merchandise and the storage of all property, except living plants, shrubs and trees, shall be confined to fully enclosed buildings on the premises. 10079 to- as. ~ TOWN BOARD, TOWN OF SOUTHOLD In theMa~tcrof[he Pc£itlon of William F. Gasser and The American Armoured Foundation, Inc. to[he Town Board ofthe Town of Sou[hold. NOTICE OF PETITION FOR CHANGE OF ZONE TO: Gary and Gail Doroski P.O. Box 781 Cutchogue, NY 11935 irene Wells Hawkins P.O Box 218 Love Lane Mattituck, NY 11952 Long Island Railroad Jamaica Station Room 511 3amaica, NY 11400 Mr.& Mrs. Ammirati 730 Love Lane Mattituck, NY 11952 YOU ARE HEREBY GIVEN NOTICE: ..... the of co~m.l~,lltete. 'ts o 1. That ,t ~s ~ntent,on the unders,gnea tc/;'?~non ,the Town Board of the Town of Southold to re,c[lues,,ta chan~e of zone classification" from~Li~ht ~ndustrial "LI" and Residential Office=_ RO to Hamlet Business "HB". 2. That the property which is the subject of the Petition is located ad)acent to your property and is des- cribed as follows: Suffolk County Tax Map Parcel 1000/140/2/16. Copy of ~rv~y q~ property is annexed hereto. 3. That the property which is the subject of such Petition is located in the following zoning district: Light Industrial and Residential Office 4. That by such Petition, thc undersigned will request that the above.described property be placed in the following zone district classification: Ham] ~t o cora lea t e ' ' . $. That wi£hio five days from the date hereof,/~]~lTP~tm~mon re~DuJes~,ng tt~e r~i~-~esC~m~d°afOove ~dm be filed in the Southold Town Clerk's Office at Main Road, Southomd, New York and you may then and there examine :he same during regular office hours. 6. That before the relief sought may be granted, a public hearing must be held on the matter by the Town Board; that a notice of such hearing must be published at least ten days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for :he publication of such notices; that you or your representative have the right to ap- pear and be heard at such hearing. Dated: July 2], 1992 Petitioner Wickham, Wickham & Bressler, P.C. Attorneys lor Petitioner Post Office Address: p ~ n~ ).4o/, PROOF OF N1AILING OF NOTICF p .493 526 265 · RECEIPT FOR CERTIFIED MAIL P 0 Slate and ZIP Code Cedd~ed Fee Postmark or Da[~ °7. STATE OF NEW YORK : COUNTY OF SUFFOLK: Diane E. Erwin Aquebogue, N~''' 11931 P 4?3 647 820 RECEIPT FOR CERTIFIED MAIL l(Jf.~-~ ~ ~'~el and No -- ~ P 0 Slale and Z~P Code Slreel 3nd NO 30 . Slate and ZiP Code 29 West Apollo Drive, , residing at , being duly sworn, deposes a.nd says that on the2] St __ day of July ,19 92 ,deponent maileda true copy of the Notice set forth on [he reverse side hereof, directed to each of the abov -named persons at the addresses set opposite their respective names; thar the addresses set opposite the names of said persons are the addresses of said persons as shown on the cur- rcn~ assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at Mattituck. NY ;thatsaid Notices were mailed to each of said persons by(certiEed) mail· Sworn to me this c S c day of July , 19 92 Diane E. Erwin P 493 526 263 1~- RECEIPT FOR CERTIFIED MAIL t WICK. HAM, WICKHAM 8, 13RESSLER, P.,; May 5, Harvey A. Arnoff, Esq. Office of the Town Attorney Town of Southold P.O. Box 1179 Southold, NY 11971 1992 Re: American Armoured Foundation, Inc. Dear Mr. Arnoff: This will acknowledge your correspondence of April 27, 1992. We are in the process of preparing the Application for Zone Change. The map that is required to be submitted with such an application must show certain items outside the boundaries of the subject property. We have requested Mr. Van Tuyl's office to prepare the map. I spoke to Roderick Van Tuyl on May 5, 1992 and he advised the map would be completed in approximately two weeks. Consequently, I will be able to submit an application prior to the end of May, 1992. If this is not acceptable, let me know. Otherwise we will proceed accordingly. DCR/sk 79-amarf