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Home My WebLink About1000-140.-2-16 <': D .-!) "- I ~ I ~ " .~ ~... r--- -~.~-_ .....- I SITE PLAN Presubmission conference (within 30 days of written request) Complete application received (within 4 months of presub. conference) APPlication reviewed at work session (within 10 days of receipt) Applicant advised of necessary revisions' (within 30 days of review) Revised submission received Lead Agency Coordination SEQRA determination I g REFERRED TO: C) - .. - ?- zl- o~ Cl UJ I- -< U o ...:I ~G3~ r<:tt: ~ UJ' Vl ~, --< <':5- ~V) ,...J ll., l:.l .... - V"J Vl :r: % .... - ""... .1., /~... Zoning Board of Appeals (written c?mments within 60 days of request) Board of Trustees Building Department (certification) . Suffolk County Department of Planning Department of Transportation -State Department of Transportation - County Suffolk County Dept. of Health Fire Commissioners RECEIVED: Draft Covenants and Restrictions Filed Covenants and Restrictions Landscape plan Lighting plan Curb Cut approval Health approvat Drainage plan Reviewed by Engineer Approval of site plan' -with conditions Endorsement of site'plan . .. ", u. ....~ ...... Certificate of Occupancy inspection One year review 1/-1'-91 [N:ii'L1r;:;"] ~~ ~~ [N:ii'L1rn:l ~~ [N:ii'L1rn:l ~~ G!J l'IsrJ [N:ii'L1r.;;;, ~~ ~ 1~:LI~lcMI [N:ii'L1r.;;;, ~~ [N:ii'L1r.;;;, ~~ [N:ii'L1r.;;;, ~~ Sent: Received' [N:ii'L1r.;;;, ~~ [N:ii'L1r.;;;, ~~ [N:ii'L1r.;;;, ~~ [N:ii'L1r.;;;, ~~ fNimr;;;, ~ t.E!.i [N:ii'L1r.;;;, ~~ I'OO'ilfOK1 ~~ [N:ii'L1r;.;, ~~ l~'LI fOKl . ~ . LAW OFFICES Silt3hiF f?3 K'/( WILLIAM WICKHAM ERIC..I. BRESSLER ABIGAIL A. WICKHAM DANIEL C. ROSS KAREN,j. HAGEN HUBERT F. SULLIVAN .JOSEPH C, SAVINO WICKHAM, WICKHAM a. BRESSLER, P.C. MAIN ROAD. P.O. BOX 1424 MATTITUCK, LONG ISLAND NEW YORK 0952 516-296-8353 TELEFAX NO. 516-298-8565 MORTGAGE OFFICE 516-298-5300 TELEFAX NO. 5ItS-296-2012 April 16, 1991 Southold Town Planning Board Southold Town Hall Southold, N.Y. 11971 o.k. 1< ~ c;:i:,~~__t.",,,-,~, , Attention: Bennett Orlowski, Jr., Chairman Re: Site Plan American Armoured Foundation Inc. Museum, Mattituck, N.Y. SCTM# 1000-140-2-16 Dear Mr. Orlowski: Enclosed, pursuant to the Boards request, please find the above referenced site plan application, a copy of the old survey and application fee in the amount of $150.00. Mr. Van Tuyl's office is being retained to prepare a site plan which will be provided to the Board upon receipt by this office. DCR:vm Encls. I' D Southold. N. Y. 11971 (516) 765'1938 Date of APPlication Filing Fee $150.00 New Use Change of Use Re-Use Extension Revision-Qf an Approved-sIte Plan--- (Date of Other Specify---- ****************** APPLICATION FOR CONSIDERATION OF SITE PLAN Name of Business or Site AMERICAN ARMGJREf' FOUNDATION, INC. MUSEUM Location of Site Suffolk County Tax Map 1000/~4?/2/16 Address of Site, if available love 'ane, . a 1 uc Name of Applicant American ArmOlt::e2. foundat~on, Inc. ~Address of Applicant!: 0 Wl lam .7:asser, ,,,,, 1 t Telephone Person to be responsible for Construction N/A Telephone ) d APPlicant's interest in site-check one: Owner of Land Onerates Museum on an Under contract to purchase~ Date Rec'd of EXisting Approval Use = Owner of Fee Title to Land Wi 11 i am Gasser Address 2383 Fifth I!J. Ronkonkoma. N. Y. Telephone588_0033; Site Plans Prepared by n Tuvl License No. Address 218 Front Street, Greenport, NY Telephone 477-0170 ********************* 981-5911 . . sUrJleyed for Wi.11 i am Gasser Total Land Area of S1. te See Mao of Propert~$q. Ff. Zone "D1.str1.ct EXisting Use of Si te Museum Proposed Use of Si te Museum Gross Floor Area of EXisting Structure (s )Sep Man sqft. __sqft. Gross Floor Area of Proposed Structure(s) N/A sgft. sqft. Percent of Lot Coverage by BUilding( s) $1'1' Map % Percent of Lot for Parking (where apPlicable) Va ri 1'< % Percent of Lot for Landscaping(where apPlicable) % Datum(SpecifY)U.S.G.s. Other Has applicant been granted a variance and/or special exc~ion by Board of Appeals No Case Number N/A Name of Applicant N/A Date of Decision N/A Expiration Date N/A Will any toxic or hazardous materials, as defined by the Suffolk COunty Board of Health, be stored or handled at the site? No If so, have proper permits been obtained? N/A Number and Date of permit issued N/A NO ACTION (EXCAVATION OR CONSTRUCTION) MAY BE UNDERTAKEN UNTIL APPROVAL OF SITE PLAN BY THE PLANNING BOARD. This application is submitted without prejudice to the applicant's Position that the Town Code and/or Town Law does not require applicant to submit a site plan application. , ~ 4-1&-4 [9 '.II " fi r'\I'l==:-~ .:'t' m '=" , - , c.:::::::: " , ), . ... NE\v YOR~ STATE Dfr,...RTMfNT OF ENVI!\O,'i....\r."JTAl CO:ISERVATIO-'l '..... or\'rsIO:-.l OF REGULATORY AFfAIRS PRO/fer 1.0. ~JW.'O[R PART J ProJoct Iniormotlon (To be completedb ,Ipplicant or Project Sponsor) I Museum- 4:. PrOICct NJme ,'... American ArmourectFoundation, Inc. Sloto Environmental Quality Revlow SHORT Ei'lVl::lONMEi-lTAL ASSESSi',lEi'lT FOm,l For UIllISTED ACTIONS Only . 1. AppJ.CJnr.'JPon,or J. PrOject 10CJtlon: Mun.ci::JJritv Armni,r~dFoundatlon, Inc. Matlituck .4. Is prOOOled aUlon; o New 0 [x;)anuo", County Suffolk S. Dcscn:le PrOleCl bnerJy; To obtain site planapp,roval for- the American Armored' Foundation Mus~um .. o ....lod-,ficJerOn/JllrrJlion Fxistinn b Precne IOCJt,on (rOJd' 'neerl.eCIlons. prO""nrnl IJndm.HJ<J. CIC. or prov.ae mJp) See attac~edtax map 7. Amoune oi l.lnd JlleClea; In'IIJ!1v - 8. \"{,Il orOOO5(,'a JCt'on COmpry Wlln. ex.u.trn~ .zon'n~ or.OU'ler e:"l;'Hr~ IJno Uh! rellrrCI'onsl DYes "- 0 1'00 If No. descrroc brieUy .1crel urt>mJrelv ,]cr('1 approximately 31,850 acres 9. i~'~.JI'~ prest",;t t~-nc- use rn v'crnlly 01 ;H~jl'~;' o l\es,c('nll.al iJ InduSftJ.J1 (] DeJcr,te: :-", .- , , CommercrJI o ..\;;rlCuilure o r Jd..l.Jnd.'oPl'n 1;:l.JCC' o C:J-.('r 10, 00" ""0" 'n.o..o . n"m,u.pp,o..., 0' '"ndon" "Ow 0' "I"m,,,.v. "om 'nv Oln" GO."nmoo". ',on,v (1,,,,,,,,. "''' 0' 10'"'' DYes 0 No .If Y~1.l.rSl.Js:enC''f~..and permrr.'JpprovaJs : 11. Do..., .Iny .Hpect 01 Ihe .Jcr,on hJ'o'e a currenlly valid perm't or olpprov.J1l o Y~s l;EJ No It Y~'. fut .JgcMcy nJm~ and perrnrU.JpprovJllyp~ 11 .., "'Ivrl "~I Ptonflll'o .JCI'on ""'II e~'lI,"i{ Pl'rm,r'JA'O'o'JI '~'Qu'r(' nloUr/rLlIroni o Vel 0 "0 N/ ^, ,1.,,", "~n:? "n'~ /1/1' S'''I'\.JIVI(,~ · C(RTlFY TII^, TII( I."DR'''ATfO'' I'RO\'IULD ,rom'( IS r"U( TO TlfE n(ST Of", "()l\llO~( 9 I~-/, 0"" ~J~A / II tho action is in tho CO~st~1 Arc~. ~nd you .1ro ~ ~t.1to anonc;', com~/oto tl10 Co~st~J As~ossmont Form boloro procccding W'th lhj~ assDs~mDnt O\/ER ~. 4 APPLICANT'S AFFIDAVIT STATE OF NEW YORK COUNTY OF SUFFOLK WI LLIAM GASSER and says that he resides at in the State of New York, and or that he is the President (Title) which is being duly sworn, deposes ?~R1 Fi fth A"p,n1u:::I Rnnk()nt...nm~ M Y that he is the' owner of the above pro~erty of theAmprir~n AY'mnurectl='n'Jnrl~t ~ne~~( (Specify whether partnershlP hereby making application; that the or Corporation) ~FleF- -{).]; - fl~ -Re.,i~ 7- -6UG1>~I;,D.. -{).]; --.ss.:i.g~ _IN illr _ at.. -his... -O.\oZD_ expeR-&6-, i-na~ l'!:i-l:- -~he- -requ-:i=-red- ~i: ~e- -i:ffl:!!>~-ovemen-t:-s - -3:fr -ae:~F8.a-nae - w,i4:), - 1'.0{"4: i-e J.~ -XI ;[-1- __ -o-f- Hhe- -eode- -of- -tite - '!'ewl'!- ci'- -Se~leJ.--f-el!"- -t:.fie -U-{"-ea- -&t:-a ~ed- -),eF~~ _ _ __ JeIN l:hat ~e^~<:lxOO<^<:l~iJo.)J()~,~l1:~1Jll1:-OO<^~1: improvements on the land ~i&h are no~ shown on the Site Plan; that title to the entire parcel, including all rights-of-way, have been clearly established and are shown on said Plan; that no part of the Plan infringes upon any duly filed plan which has not been abandoned both as to lots and as to roads; that he has examined all rules and regulations adopted by the Planning Board for the filing of Site Plans and will comply with same; that the plans submitted, as approved, will not be altered or changed in any manner without the approvalhf~the Planning Board; and that the actual physical improvements ~.)..li~ installed in strict accordance with the plans submitted. Signed ~:;; ~~ (Owner) - DANIEle. ROSS Signed ...,_oo.s.....,,__ (Partner or No. 4807116 ___inS~ . ...... ~ ~q Corporate Officer and Title) :~ - --~._._- ~ ' . . i--::'Uf! c. ~. 27 - -~ ..---. /-{AWf,CINS N. 50'0.2 '20"6. 60.0. -- " , , "l9,S h_ --I ([; .<<') ~ l\I I ~ tn I 1./ m 10 m I I - -- I I lJ ~ 1 J ~ '..-... // /;/ ,L/ / I .~ 1/ I . j/ . . 0'6. "'"0.50 . N,,!~.. . '.W:,Oow'"fCH:#I .1 s: ~ . 0 ~I~ In _ iU~ "--". -- M.:.JCMII_LAN ~ o ,l t- - . ~') en <: /87, C:A - J..r' . j ,f . l~ I j r:1'. h' , I " "W -'05'00. ' 5.-4:;> ISLAND . . . .,.......~r.. ~ w' o ''('''OJ t.."''''Op~- I-ONG _' I Ae r.:O :<:.... .- "- Co. 1'1 . ..;, It'll..io. A':, . ./': l E I .8 ,ui - 0 'f :'t t t- - l' . tn oj: Ii) '1 If-oo tn :J C 0 V Ii , 3': 1 .- .- J . .;. ~ '- "t '( ~ ,'f~ oj ~- . I i~ ILr-'oA0 ._', (2A ...... _,..- ~ --. I I ;'V[,-:.p OF PcOPEQTY SUQVl?YEU FO~' . j _ ~. ...:----_..--- 'vVL~.LI ~,/' '(1 ,.. (S,::i_$_SE~_ HT OCT 2 5 ,C'~? !\l'I'. ~ _........... ( ( t~ l~~ The next item is the fifteen foot vegetative buffer that is l' I required between the HD and RO zones. As you are well aware ~ L r our property ~s only 60' wide in this area. If we are :/ i.A~~ required to put a 30' vegetative buffer we will have no \ ~ property left. We would however be willing to plant a vine ~ or suitable vine like shrubs that would eventually close in ~ I the property. We would also be willing to slat the rest of o the north west side of the property and since the north east side has a buffer of vegetation that is over 20'in width we would prefer not to slat or plant on that line. I would like to thank you and the board for taking the above mentioned suggestions under advisement. At your earliest conv nience please advise as to the boards decision. nk YOdi,/ ~~A~~ . l;':.:,,,,,i' c . r:: " . ~ .... ;}~Ji,;'Jl.~;~~:'c '~ ;J r (;; :-\.. ) ....::1 ~ .:" ,;~/..; ~ "'(".)!~')f!;:~~} " , PLANNING BOARD MEMBERS RrCHARD G. WARD Chairman GEORGE RITCHIE LATHAM, JR BENNETT ORLOWSKI, JR WILLIAM J. CREMERS KENNETH L. EDWARDS , . . .- . . "':~:'7.<::::.~:;> Town Hall. jJ095 1\lain Road PO. Box 1 179 Soulhald. New Yark 11971 Tdepnone (S!n) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Fox ,516) 765, 3136 FAX COVER SHEET We are transmittirg from: FAX ;JI 7 ~ 5 - 3 13 6 Date: T~' '-,. 11-1'D-1~ I ~ 11J!? P IJc. K,-J; 41-{ l~, G. KIJ SS'rlE tf Subject: 1t141~t'#l'f AIl/Jal~h) m:j~ Frem: l l ~tf3 - ;2.:L 7/ Fax if: Please call 'JS at '510) 705,1938 if you did not receive all pages Total nUr:1ber of pages including cover letter: I t /11 If P !JCKIJ?/hf, _ /'JTTI'fc-/fej) /5 /15 PI$C.t.t~~b .0-. . . .. '~;'; ii; ',- . .J"'" I Richard G. Ward, Chairman George Ritchie Latham, Jr. Bennett Orlowski, Jr. Mark S. McDonald Kenneth L. Edwards :"J/ ;,,\j(":~ .,)~... '!\ i:"J "I, _.':;,;:.... \~ ,.J<.., ;,...~',:':. /.-,;:; ';'f,.., "!'.11::;.JI'" \... >? '1 ,)-u! Town Hall, 53095 Main Road P. O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD MEMBERS PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 15, 1994 William F, Gasser 2383 Fifth Avenue Ronkonkoma, NY 11779 RE: Proposed Site Plan for American Armored Foundation N/Ec LIRR Right of Way & Love Lane, Mattituck Zoning District Hamlet Business (HB) SCTM# 100-140-2-16 Dear'Mr. & Mrs. Gasser, The Planning Board has received your letter of June 20, 1994. In answer to the two questions in your letter the Board comments as follows: A five foot (5') landscaped strip would be satisfactory at the entrance on Love Lane. Chain link fence should be slatted on both the east and west side toward the north. In addition, a buffer seven foot wide of shade tolerant evergreens should be placed between the Hamlet Business and Residential zones. If you have any questions, or require further information, please contact this office. ~i CfflY' bl. f ~~tlfl;L!ht~ Chalrman 5/10r-v AfU45 of Sro;(ffGI!E:. o C( Tf) (!) 0 !<. cc: Thomas Fisher, Building Inspector In Charge . ~~~JH~~. ~""~..,, 'ne. ,'....,""UI. wall 1~~b1[~ tJ<'''''''-'~'''''"",_'_}.11I "'=":..>.J.,w.;.~,J" "'.i~;':",",_,.'~~:~ !,.,' -l', ", . '-"j'\)' ,\.) " ) --. }, '~'..,J -:-:--'''L,.,.\J:.'''! 1V American Armoured Foundation, Inc. Mailing Adress 2383 5th Ave" Ronkonkoma, NY 11779 (516) 588-0033 Museum: Love Lane Matlltuck, NY 0ltoF'/iL 1'6 /1( . A.A.F. 2313 5.. A....... R_-. N.Y. llna June 20, 1994 Planning Board Town Hall 53095 Main Road P.O. Box 1179 Southold, N.Y. 11971 ~ JUN 2 3 1994 ill rn@~n\Yl~ Attention Planning Board Dear Mr. Kassner, SOUTHOLD TOivN PLANNING BOARO_ This is to inform you that I presently have an application in the building dept. for the questions that your department had on our fence, electrical conduit, accessory tower setback and display and storage of exhibits. I am awaiting approval or disapproval on the above so that I can make application to the Zoning Board of Appeals. I have also contacted the Board of Health and have run into a snag and presently are looking for the information that they are requiring. Concerning the board. you stated the board. the letter of May 16th with the determinations of During our conversation concerning this letter that on a few points we could make suggestions to The fir'st item that I would like to address is the five foot landscaped area abutting the front of the building. As you can see by the prelim survey that I have submitted, it shows that there is a concrete apron presently in front of the building and a notation that shows where handicapped parking will go, which was also an addition that your dept wanted us to add. Presently we do not see where there will be any room in the area abutting the building for landscaping. Since the building can not be seem from the street we do feel that our entrance on Love Lane is the place to provide landscaping so that it will be pleasing to the visitor and traffic on the street. Tank and Ordnance War Memorial Museum . . The next item is the fifteen foot vegetative buffer that is required between the HD and RO zones. As you are well aware our property is only 60' wide in this area. If we are required to put a 30' vegetative buffer we will have no property left. We would however be willing to plant a vine or suitable vine like shrubs that would eventually close in the property. We would also be willing to slat the rest of the north west side of the property and since the north east side has a buffer of vegetation that is over 20'in width we would prefer not to slat or plant on that line. I would like to thank you and the board for taking the above mentioned suggestions under advisement. At your earliest conv nience please advise as to the boards decision. (. (e Richard G. Ward, Chairman George Ritchie Latham, Jr. Bennett Onowski, Jr. Mark S. McDonald Kenneth L. Edwards . .,.,;::;:i? ) -",.' ~.-~ - "'. './ ,/ t. ')" ,0 !\' ~ " '~2 '. ,. J ,. . ,\' , "')'"~/",,y.>:~)i :1 }f PLANNING BOARD MEMBERS -~::;~,--- Town Hall, 53095 Main Road P. O. Box 1179 Southoid, New York 11971 Fax (516) 765-3136 T eiephane (516) 765-1936 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MGtY 16, 1994 Mr. & Mrs. William F. Gasser 2383 Fifth Avenue Ronkonkoma, NY 11779 RE: Proposed Site Plan for American Armored Foundation N/Ec LIRR Right of Way & Love Lane, Mattituck Zoning Hamlet Business (HE) SCTM# 1000-140-2-16 Dear Mr. & Mrs. Gasser: The Planning Board has received your revised site plan dated April 21, 1994. The following changes/additions must be made before the Board can proceed with its review: Zoning District lines must be indicated. Fence with barbed wire exceeds six foot height limitation in front yard. Electrical conduit on top of metal chain link fence requires approvals. Tower height must be indicated. Accessory structures are limited to eighteen feet in height and located in a rear yard. Accessory Tower must be five feet from all property lines. Parking calculations must be shown in addition to note on plan that municipal parking is available. A five foot landscaped area abutting the front of the building. 5' ) the /'~ getati~ bu fer '.~ _. et.-Den,,; ry a Re'si:dential /':rJS/I-(f! ~ s (. (e must b';- In addition to the above, Suffolk County Department of Health Services approval must be obtained before any possible final approval. If you plan to use the entrance on Route 48, Suffolk County Department of Transportation permit must be obtained. If you have any questions, or require further information, please contact this office. cc: Gerard P. Goehringer, Chairman, Board of Appeals Thomas Fisher, Senior Building Inspector In Charge Carmella L. Borrelli, Ongioni & Borrelli f . . ONGJONI & BOHl{I'I I I ;5U6Fru "Pi:> ~K- r.1f'fnr: C'tJC;IO~J' r ~r'IJFI.I\ L BORPfl11 ^r[t'lW.IFVS 1\1 LAV,' .11);'\ mot 11 ')Tr:>FFT fl_G PC"': C:.t; r.I7EFNP()DT ~JFwvrml< 11'.'.111 P';!, IFI (51-'l)1li7 ;>nllJl r.......X'51/,L1 >r" 1 2JlA f'^NTI(.';() 1<'01\f' P$T "^MrrON NY 11'i'F TFI (51/',) :'!?4.8?fl? r/>.'((!il").'?4R?fl~ I.. 1\' 1, 1991 Gary Fi."r, Bui ldill'l T nspector Town of :~"uthold P.O. gn" '179 Southo],I, IH ] 1971 RE: ZBA_V9..!:.ii'l'IC~_ ~CTN #. Lo.on. 110_-::.L:.1 f, Dear Gfl t .- 11]' KilSSTlPT ndvjscd code. severa] th", nl'f'l some act 1;1", 011 the ,lhove> motl",! refl!,"I" II",. 011 tiny 16,1994 Bob ""1'10r;t-.('>rl ndrJit"iollill d:lt., froJl1 111(' 1',l(:~;(~Tf; illld ,Hidi! ionalJy '1'(~1Il where c(~I~taitl st:rllcL.l.1ces '}If?r(~ r (~ql1ir-(ld to be under t.he I')' In8t conversation wi.th you inrl; "11 pd you wpre oware of 'i 0 la tions at thi 8 sit P, had spokr" '.0 Rob Kassner and that j('nllt- would hp givPll n rrtlP,Onilhlr~! illl" \"ithin which to tAke Ion. I ',"'''>1d apprecint:e you!' what, i I Any, progrpss has compli.n""" with the codp. advising !:1JP been had i. n ~: I ;1 t 11 S () f \" i nqinq th i 8 "",r.ter and I-hip, site into t,".v t:n11V ynur~;, (11'" !('NJ ~ flOP-PELf,] p ,.J'_.11 1(. -' 'I-n..----.. L. 10rrelJ i r:r:lTTllf'l n CLB:ar r;c:Robr 1 I r;. Kr:lssner", Pliloni nq Dppar'-Il1'">n1 Ger,11rl Po Goehrjnq0r-, 7.nninq RO<1rd fl! '\I't"'f1'~'; .i'n:"l m@t]n Vi ~ r;~, l, 11.-~_.___._ I" I, I! J.J; , Ii,: ~ :0\ ' d J ~ 1 r::- ' !r ... . . II!:> S17f1- '[0] @ & m a w.ln; Wi a:r 4&6 iW' ToWN~RN!n'"S TOWN OF SO!JiH8EfjC;; " - ,'.- ~ ~-. ".::' ii' :_--.-:::_--=-----_:~.. . OCT J I ICC5 ---~- MEMORANDUM SUPREMFCOU1U, ::;UrrOu.CCOUNTY PART 24 x FRANK AM11IRATI and DIANE AMMIRATI, BY: COHALAN, J. Plaintiffs, DATED: September 2~ 1995 - aaainst - o INDEX #: 95-5279 RID 3/29/95 Mot.Seq. # 001 - CDISPSUBJ Submitted: May 31, 1995 GERARD P. GOEHRlNGER, SERGE DOYEN, JR. JAMES DINIZIO, JR., ROBERT A. VIllA and RICHARD C. WILTON, Constituting The Zoning Board of Appeals of the Town of Southo1d, Defendants. x In this Anicle 78 proceeding petitioners seek a judgment annulling and reversing a determination by respondent Zoning Board of Appeals of the Town of Southold which granted in pan and denied in pan an application for certain area variances on property owned by nonparty William F. Gasser on which the American Armoured Foundation operates a museum displaying tanks and other military memorabilia. The petition is dismissed. Petitioners, who operate a take-out food catering busin~ss, are the owners of a parcel of property adjoining the tank museum. The museum property is "L" shaped with a lot area of 32,109 square feet and is bordered on the nonh by Long Island Railroad tracks and on the south by Sound Avenue (County Road 48) in Mattituck. The property also has road frontage on its easterly border on Love Lane. The property is conforming as to total lot area, width and depth in the Hamlet-Business (HE) district in which it is situated (Code of the Town of Southold 9 100-92). The subject property has been used as a nonprofit museum since the early 1980's and such use is a permitted one in this district (Town Code 9 l00-9l[A][17]). Prior to Mr. Gasser's purchase of the propeny in 1981, the property was used as a storage yard in association with a nearby lumber company located on Sound Avenue. In 1981, the southerly half of the propeny was zoned "C-Light Industrial" and the nonherly half of the property was mixed "C-Light Industrial" and "A-Agricultural-Residential". In January, 1989, ,; . . Ammirati v Goehringer Index No. 95-5279 Page 2 a new master plan was adopted by the Town which rezoned the property, "Light Industrial" and "Residential Office". In May, 1992, Mr. Gasser successfully applied to the Town Board for a change of zone to "Hamlet Business". In July, 1994, the Town's Building Inspector issued a "notice of disapproval" with respect to an application by Mr. Gasser for permission to maintain an accessory tower, a 6'8" high perimeter fence and to store outdoors tanks and other military displays on the premises. Mr. Gasser then applied to respondent board for the area variances necessary to maintain these features on his property. The variances included a nineteen inch relaxation of the five foot set back requirement of the Code for the accessory tower; an eight inch relaxation of the Code's requirement that a fence along the front of a nonresidential property not exceQrl six feet in height, as well as a two inch relaxation of the Code's requirement that a fence along the side and rear of a nonresidential property not exceed 6' 6" in height; and a rela."l:ation of the Code's requirement which prohibits the outdoor display of merchandise and requires the storage of all property be confined to enclosed buildings (Town Code gg 100-91[cJ[1]; 100- 231[AJ; 100-93). Following public hearings held on January 4, 1995 and February I, 1995, respondent Board, in a determination, dated February I, 1995, granted the area variances for the tower and the fence subject to various conditions, but denied the variance for the outdoor storage of museum displays. At the same time, respondent Board interpreted the zoning code as permitting the outdoor parking of operable tanks on the premises. Petitioners commenced the instant proceeding challenging the Board's determination to grant the requested variances and the Board's interpretation of the ordinance as permittin'g the outdoor storage of tanks. Petitioners assert that the Board's determination is not in harmony with the general intent and purpose of the Town's zoning code and not in the interest of the public health, safety and welfare and substantial justice. The' Court first disposes of a procedural challenge asserted by respondent Board which contends that petitioners have failed to join Mr. Gasser who, by virtue of his ownership of the property at issue, is a necessary party in this proceeding. A successful applicant for a variance is not an indispensable party in a proceeding to review a zoning board's determination (Zimmennan v Kramer, 29 Misc2d 413, 217 NYS2d 438 [1961J; see aIso, Leventhal v Michaelis, 29 Misc2d 831, 219 NYS2d 508 [1961]). It is well settled that zoning boards have broad discretion in considering applications for variances and that judicial review is limited to determining whether the action taken by the board is illegal, arbitrary, or an abuse of discretion (Seumenicht v Zoning Board of Appeals of the City of Rye, AD2d ,629 NYS2d 784 [1995]). A zoning board's determination will be sustained if it has a rational basis and is supported by the substantial evidence (Green v Scheyer, 205 AD2d 535, 612 NYS2d 663 [1994]). Town Law g 267-b sets forth five factors to be considered by zoning boards of appeal when considering requests for area variances. These five factors, which are a codification of the factors set , . . Ammirati v Goehringer Index No. 95-5279 Page 3 fonh in Marter ofWachsberger v Michaelis, 19 Misc2d 909, 191 NYS2d 621 affd 18 AD2d 921, 238 NYS2d 309 [1959], have been cited by the Appellate Division as valid criteria for determining the merit of an area variance application (Wantagh Woods Neighborhood Association v Board of Zoning Appeals 'Jf the Town of Hempstead, 208 AD2d 935, 617 NYS2d 532 [1994] and the cases cited therein). Thus, in making a determination, the board should consider: (1) how substantial the variation is in relation to the requirement; (2) the effect if the variance is allowed; (3) whether a substantial change will be produced in the character of the neighborhood or a substantial detriment to adjoining properties will be. :reated; (4) whether the difficulty can be obviated by some method, feasible for the applicant to pursue, Jther than a variance; and (5) whether in view of the manner in which the difficulty arose and :onsidering all the above factors the interests of justice will be served by allowing the variance (Town Law ~ 267-b(3)(b); Matter of Wachsberger v Michaelis, supra, 191 NYS2d at 624). There is no jiscernible difference between the requirements set fonh in Town Law g 267-b(3)(b) and those of the 'ractical difficulty standard (Delavore v Scheyer, AD2d ,626 NYS2d 260 [1995]). In applying these factors to the application herein, the Court finds that the Board's determination o grant variances with respect to the tower and the fence has a rational basis and is supported by the ,ubstantial evidence on the record. In particular, the evidence on the record suppom the Board's determination that there will not 'e an undesirable change in the character of the neighborhood or a detriment to nearby properties. The naximum fence height permitted by the variance represents only a two inches deviation from the code .vith respect to the rear and side borders of the premises and only an eight inch deviation on the jroperty's front border; such minimal deviations will result in little or no adverse impact on petitioners' 'roperty. Nor will the tower set back variation cause a detriment to petitioners' property as the tower s located at a point which is the funhest possible distance from their property. The subject parcel is :ituated in a business area and is at least partially bordered by industrial uses. Petitioners' property and ,ther surrounding properties, including the railroad tracks, generate similar impacts with respect to rafflc, noise, security and safety as does the tank museum. Moreover, the conditions imposed by espondent in issuing the variances which include the slatting of the fence and the maintenance of Jlantings to screen the museum property from view by adjoining properties will ameliorate any adverse 'isual impact created by the subject property. The evidence on the record also suppom the Boards's determination that the variances requested 'y the petitioners are not substantial or unreasonable, particularly in view of the unique "L"-shape of he property which is also narrow in length with little buildable area; the location of the existing ,uildings on the premises; the parcel's former use as a commercial storage yard with parking of ommercial trucks and other vehicles in the yard area; and the fact it is not uncommon for fences in his district to be maintained at a height of six feet, or more. In addition, petitioners' claim that the tank museum has an adverse impact on the petitioners' atering business strikes the Court as being somewhat disingenuous in view of the fact that the lUseum 's use of the property predates petitioners' use of their own premises. . . Ammirati v Goehringer Index No. 95-5279 Page 4 Respondent Board did deny Mr. Gasser's third request for a variance of 9 100-93 which requires that the display and sale of merchandise and the storage of all property in a HB district be confined to enclosed buildings. Citing this section of the Code, the Board determined that Mr. Gasser had not established his entitlement to a variance which would permit the museum to continue its outdoor display of museum artifacts. At the same time, the Board interpreted this section of the Code as not prohibiting the outdoor parking of operable tanks on the premises. A zoning board of appeals has the primary jurisdiction of interpreting the applicable zoning ordinance (Jordan's Partnen v Goehringer, 204 AD2d 453, 611 NYS2d 626 [1994]; Marx v Zoning Board of Appeals of the Village of Mill Neck, 137 AD2d 333, 529 NYS2d 330 [1988]). The interpretation of the zoning regulation by a zoning board of appeals should be accorded great weight (see, Cathedral of the lncarnation v Glimm, 61 NY2d 826, 473 NYS2d 972 [1984D. Nevertheless, the zoning board's interpretation of a regulation is subject to judicial review and the ultimate responsibility of interpreting the law is that of the court (KlvIO-361 Realty Associates v Davies, 204 AD2d 547, 611 NYS2d 660 [1994] Iv to app den 84 NY2d 811, 622 NYS2d 913). In interpreting the Code as permitting the outdoor storage of operable tanks on the premises, the Board relied upon the following provisions of 9 100-13 of the Code: OPEN SF ACE: Any parcel or area of land or water essentially unimproved and set aside, dedicated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space, provided that such areas may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designed to be in.cidental to the natural openness of the land. PARKING LOT: An off-street, ground level area, surfaced and improved for the temporary storage of motor vehicles. Petitioners contend that the Board acted arbitrarily and erroneously when it interpreted the ordinance to include tanks and similar military vehicles within the definition of "motor vehicles". The Code does not defme the term, "motor vehicles". Pursuant to 9 100-13(B) any term not defined in the zoning code shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language, unabridged (or latest edition). The Court's edition of this dictionary defines a tank "as a full-track enclosed armored vehicle that usually mounts a cannon and automatic weapons and has excellent cross country mobility, armor protection, firepower and the capability of shock action". The same dictionary defines a motor vehicle "as an automotive vehicle not operated on rails esp. one with rubber tires for use on highways". The Court does not find the Board's inclusion of this specialized self-propelled motorized vehicle and other such military vehicles within the larger category of motor vehicles to be irrational or unreasonable. Under the circumstances, respondent's determination was not arbitrary and capricious. The petition is therefore dismissed. ! r , '. . ";'1 ".. . . Ammirati v Goehringer Index No. 95-5279 Page 5 Submit judgment. &oj ~gr... I,S.C. TO: Ongioni & Borrelli, Esqs. Attorneys for Plaintiffs 403 Front Street Greenport, New York 11944 Laury L. Dowd, Esq. Southold Town Attorney Attorney for Defendants 53095 Main Road Southold, New York 11971 , '. . . ~ ~ Mailing Adress 2383 5th Ave., Ronkonkoma, NY 11779 (516) 588-0033 Museum: Love Lane Mallltuck, NY American Armoured Foundation, Inc. A.A.F. 2313... A_ __ N.Y. 11771 July 6, 1995 Southold Town Hall Mr. Gerard P. Goehringer, Chairman Zoning Board of Appeals P.O. Box 1179 Southold, N.Y. 11971 Attention: Mr. Gerard Goehringer, Chairman ZBA Dear Mr. Goehringer, Please consider this a formal request for an extension of time on the determination made by the Zoning Board of Appeals on February 8th, 1995. This determination requires the removal of 75% of the museum collection, that is being displayed at the Love Lane property know as the Tank Museum, by August 6th of this year. We feel this extension of time is necessary and not unrealistic due to the fact that there is a lawsuit pending concerning this determination and this requested extension will give us the opportunity to explore options that have come to our attention during discussions with various regulatory boards of the Town of Southold. I would like to thank you for your time and consideration in the matter of this requested extension and are in hopes that this extension will be granted. sin elY~'. ~" } " <2 '/ ' , /.~ '-::?.R .____ red:" .L.'k<J .' -<... ren A. Gasser CC: Tom Wickham, Supervisor Ruth Oliva, Town Board member Lauren Dowd, Town Attorney Robert Kassner, Planning Board Gary Fish, Building Department rnlliOW~~ JUL -'[ ~\ Tank and Ordnance War Memorial Museum ONGIONI & BORRF' I I ;5U6flLC ~f? ~K... . . ^ 1[0pr,IF\/S AT LAlji .10J melt H <;TRFf"T r.Q PC)">: "t<' r,RF'FNP()rl, Nfwvnrw l1Q,1;\f1';_, IFI (511))1\77::>n1\>'1 rJ\X(5'1,11'l 'fl' , L'''folF ONG!O~JI 2AR PANflr.n ROJ\f' (''-'Pf,1Fl^1. BORDE'I!I Vf\SfHAMrlON NY l1r:'"1: TFI (S16) 3?II-R:W) r.f\ '< (5 ,....) 124R?R' ,j" I j' 1, 1 9 9 4 Gary Fi "11 Bui Idi1l'1 Inspector Town of ';"uthold P.O. Bo,' 1179 Southolo1, NY ]1971 RE: ZBA_\l9.riSl1lc;€l_ seTM # lQR,O ' 14 O,~ L-) (; Dear GFlrp My KilSSIlPT advised code. several the i'lPl'l some a(~t flIp on the ohovp matlpf reflf'ctc: Ifli11 on NAY 16,1994 Bob tf"lllrst-.prJ n.ddit-jnllnl ri,-lt,l from 1/1(' 1',l'~~;(~T~; t11ld flddil i.onally ! 11(~l[l where certain structures vver(~ r (~qllirf~d to be under the t'/ lAst conversation vlith you i1ld;..,tpd you wpre aware of ,';o]ations at this site, had spokp'I L.n Rob Kassner and that j",lnt would hp giv",n A fPi'lROnnhlr, t ;'111' within ,,,hi,,11 to take 1 (In. I '''",,10 appreciaLe your advising th,~ what, if any, progrpss has been had in comp] iA""" with the code, ': I :11 118 of l'f ; nqinq this III,.,lt,er and t- hi s ~ j te into \.' 'v tnlly yours, (1'1<' 1('N1 ~ nOERET.j,] g\ ( ,) '.1\. ( (. ,c":;~~;t" 1;:; T.. 'k;;reJli~~ CLB:ar cc:Robr.) G. Kassner, Planning Depart-rnPllt Gernlrl P. Goehrjnqer, 7.oning Board n1 ''\r'p0Als '0' jJl JLtW..G" il'L ,r' 6 r' J (~ ' . . JU6~/L6 ;76 ;el<( American Armoured Foundation, Inc. Mailing Adress 2383 5th Ave., Ronkonkoma, NY 11779 (516) 588-0033 Museum: Love Lane Mattituck, NY A.A.F. 2313 5.. A_ R__, N.V. 117711 June 20, 1994 Planning Board Town Hall 53095 Main Road P.O. Box 1179 Southold, N.Y. 11971 rn rn@~ow~ 00 JUN 2 3 1994 SOUTHOLD TOWN PlANNING BOARD Attention Planning Board Dear Mr. Kassner, This is to inform you that I presently have an application in the building dept. for the questions that your department had on our fence, electrical conduit, accessory tower setback and display and storage of exhibits. I am awaiting approval or disapproval on the above so that I can make application to the Zoning Board of Appeals. I have also contacted the Board of Health and have run into a snag and presently are looking for the information that they are requiring. Concerning the board. you stated the board. the letter of May 16th with the determinations of During our conversation concerning this letter that on a few points we could make suggestions to , The first item that I would like to address is the five foot landscaped area abutting the front of the building. As you can see by the prelim survey that I have submitted, it shows that there is a concrete apron presently in front of the building and a notation that shows where handicapped parking will go, which was also an addition that your dept wanted us to add. Presently we do not see where there will be any room in the area abutting the building for landscaping. Since the building can not be seem from the street we do feel that our entrance on Love Lane is the place to provide landscaping so that it will be pleasing to the visitor and traffic on the street. Tank and Ordnance War Memorial Museum __u_ . . The next item is the fifteen foot vegetative buffer that is required between the HD and RO zones. As you are well aware our property is only 60' wide in this area. If we are required to put a 30' vegetative buffer we will have no property left. We would however be willing to plant a vine or suitable vine like shrubs that would eventually close in the property. We would also be willing to slat the rest of the north west side of the property and since the north east side has a buffer of vegetation that is over 20'in width we would prefer not to slat or plant on that line. I would like to thank you and the board for taking the above mentioned suggestions under advisement. At your earliest conv nience please advise as to the boards decision. . . ,,'-.:.."7.;.z..../ Richard G. Ward, Chairman George Ritchie Latham, Jr. Bennett Orlowski, Jr. Mark S. McDonaid Kenneth L. Edwards J).~;~j;j'~j~r,~~('~\ ':/3 Y'~. ;-.j:: :--., " v., '. . ",. ;;.- '\ ~~ ,~'::.~~,. ,;.:,;;::: /:'} . ";'1 -'~'fi~- ~.\'" 2, ~..':;,V . t ;. Town Haii, 53095 Main Road P. O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD MEMBERS PLANNING BOARD OFFICE TOWN OF SOUTHOLD .July 15, 1994 William F. Gasser 2383 Fifth Avenue Ronkonkoma, NY 11779 RE: Proposed Site Plan for American Armored Foundation N/Ec LIRR Right of Way & Love Lane, Mattituck Zoning District Hamlet Business (HB) SC~M# 100-140-2-16 Dear Mr. & Mrs. Gasser, The Planning Board has received your letter of June 20, 1994. In answer to the two questions in your letter the Board comments as follows: A five foot (5') landscaped strip would be satisfactory at the entrance on Love Lane. Chain link fence should be slatted on both the east and west side toward the north. In addition, a buffer seven foot wide of shade tolerant evergreens should be placed between the Hamlet Business and Residential zones. If you have any questions, or require further information, please contact this office. Q;' CP;'Y, M.! ~ lJ IJ!j Ih/ft., ~~G-: Wa~d -\ . Chairman cc: Thomas Fisher, Building Inspector In Charge . . Richard G. Ward, Chairman George Ritchie Latham, Jr. Bennett Orlowski, Jr. Mark S. McDonald Kenneth L. Edwards .-u:: ;J~:::~~;-~~~~2:,,, y.>..... --.oJ~...H...j/ -.......... / .\",) "())' '~"?') '" ,1/ ....~.'~ _"''-'') ',' _ '~~.' '.'~" !'/ ;,-:..."- /- -\.. ,'" .~:.\ ~ I' -..? . t,-" - --. ',,) c) <?'~r '..' - " ',:j -.;) '\ ",; :-- /::1 (l. ~;'"' ;./.; '.; ,1"7) (? \":-:':~J, ":'~<~,'-<~ ~f;/ "\-:\ 1'1), -. L. "j""A{1 r~;;_>:~~~p,:)J'/ Town Hall, 53095 Main Road P. O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD MEMBERS PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 16, 1994 Mr. & Mrs. William F. Gasser 2383 Fifth Avenue Ronkonkoma, NY 11779 RE: Proposed Site Plan for American Armored Foundation N/Ec LIRR Right of Way & Love Lane, Mattituck Zoning Hamlet Business (HB) SCTM# 1000-140-2-16 Dear Mr. & Mrs. Gasser: The Planning Board has received your revised site plan dated April 21, 1994. The following Changes/additions must be made before the Board can proceed with its review: Zoning District lines must be indicated. Fence with barbed wire exceeds six foot height limitation in front yard. Electrical conduit on top of metal chain link fence requires approvals. Tower height must be indicated. Accessory structures are limited to eighteen feet in height and located in a rear yard. Accessory Tower must be five feet from all property lines. Parking calculations must be shown in addition to note on plan that municipal parking is available. A five foot landscaped area abutting the front of the building. A fifteen foot (15') required between the Office zones. vegetative buffer is Hamlet Dsasity and Residential j1~ . . Town Code 100-93 indicates that all display and storage must be confined to fully enclosed buildings on the premises. In addition to the'above, Suffolk County Department of Health Services approval must be obtained before any possible final approval. If you plan to use the entrance on Route 48, Suffolk County Department of Transportation permit must be obtained. If you have any questions, or require further information, please contact this office. cc: Gerard P. Goehringer, Chairman, Board of Appeals Thomas Fisher, Senior Building Inspector In Charge Carmella L. Borrelli, Ongioni & Borrelli - ,,~ . .41 \~ APPEALS BOARD MEMBERS . .:0A:8 Pi [{~--- f!,8 iCK Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 Town Hall, 53095 Main Road P.O, Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD May 11. 1994 Mr. and Mrs. William Gasser 2383 Fifth Avenue Ronkonkoma. NY 11779 Re: Appl. No. 4227 - Setback for Sign along Love'Lane and Sign along C. R. 48 Dear Mr. and Mrs. Gasser: Enclosed please find a copy of the Board's'Findings and'Determination rendered at our May 4. 1994 RegulaI' Meeting. Please be sure to return to the Planning Board and,the Building Inspector. to determine the need for other permits or agency actions, in, this project and submission of additional documentation. which may. be required under their pending reviews. For your convenience. we have furnished the Building Department and the Planning Board Offices with copies of, this determination for their permanent recordkeeping and update, Also, .we have.transmitted a copy.of your file to the Suffolk, County Department of Planning in. accordance with the Suffolk County Administrative Code rules and regulations pertaining to projects located within 500 feet of, a County highway. Once we have. received their written response,' we will forward a copy.to you for your'permanent file. t o I' '1 Very truly yours, GERARD P. GOEHRINGER CHA I RMAN Enclosure cc: (With copies of this' determination to: I Town Building Inspectors' Office ~ ---7 Southold Planning Board Office t/' Laury Dowd. Town Attorney Suffolk. County Department of Planning m &@&UW& @ MAYI , 1994 t\?,.UTHOLD TOWN NNING BOARD .~ J . . APPEALS BOARD MEMBERS il=~ /~~""WFDl;' ~ .Y ..~~._ J1t!c ,/,~ ~....'I"_......' n. %.: '\ ,.~ ~' ". ,. ~ ~ a" '"'" ~ "" ':' t; ~ \-:-!~O~..: ~! ~ '.( ljlr i' Town Hall, 53095 Main Road P.O, Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516)765-1800 Gerard p, Goehringer, Chairman Serge Doyen, Jr, James Dinizio, Jr, Robert A Villa Richard C, Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS AND DETERMINATION Appl. No. 4227, Application of WILLIAM GASSER and AMERICAN ARMORED FOUNDATION requesting a variance based upon the Building Inspector's February 4. 1994 Notice of Disapproval concerning a building permit application for two identification signs, as exist on fence. which do not meet the ,setback requirement of 15 feet from all property lines. ref: Article XIX. Section 100-91lcl. Article XVIII. Section 100-81-C(2a) of the Zoning Code. Zoning District: Hamlet 'Business. WHEREAS. a public hearing was held on April 6. 1994. at which time all those who desired to be heard'wereheard'and their testimony recorded; and WHEREAS. the Board has carefully considered all testimony and documentation submitted concerning this application; WHEREAS. Board Members have personally viewed and are familiar' with the premises in question. its present zoning. and the surrounding areas; and WHEREAS. the Board made the following' findings of fact: 1. BASIS OF APPEAL. This is an appeal based upon the February 4. 1994 Notice of Disapproval issued by the Building Inspector under an application for a building permit for approval of two on-premises advertising signs for the American Armored Foundation. Inc. and William Gasser. as owner. The owner acquired the subject premises on September 3. 1981. 2. LOCATION AND DIMENSIONS OF SIGNS. The face of each of the two signs exists at 22.75 sq. ft. in area. with dimensions of 3'6" by 6'. The location of each sign is on an existing fence - one located at the entrance to the subject museum along the easterly side of Love Lane. Mattituck. and the other on an existing fence along the southerly side of County Road 48. a dual-lane highway. and both signs are more particularly shown (highlighted) on the survey prepared by Roderick VanTuyl. P.C. amended December 23. 1993. The thickness of the fence is given at one inch. Page 2- Appl. No. 42A Application of WILLlAM~ASSER Decision Rendered May 4.' 1994 . .. ~. 3. CODE PROVISION. The prOVISion of the Code from which the variance is requested is Article IX. Section 100-81C. subsection 2(a) {referred from Section 100-91C-2} - which states that such signs are permitted accessory uses subject to the following requirements: ... (a) Freestanding or ground signs: where the building is set back 25 feet or .ore f". the street, one (1) sign, single or double faced, not ...re than 18 sq. ft., the 1-.- edge of which shall not be less than four feet above the ground,unless attached to a wall or fence, and the upper edge of which shall not extend IIOre than fifteen (15) feet above the ground, which sign shall be set back not less than 15 feet f.... an street and property lines and shall advertise only the business conducted on the p....;ses"... . 4. EXISTING SIGNS. Any other sign which may be at the premises which does not have approval must be removed before Issuance of building permits or certificate of occupancy pertaining to this property. 5. STATE AUTHORIZATION. By letter dated January 31. 1994. the N.Y.S. Department of Transportation has confirmed conformance with Sections 52 and 88 of the Highway Law, for two fence-mounted signs. 6. OPPOSITION BY ADJACENT PROPERTY OWNERS. During the hearing, opposition was received from the adjacent property owners lon the north of this property), through their attorney, together with a copy of a Memorandum listing the areas of concern __ all of which have been fully considered by the Board Members under this application. At the April 6, 1994 hearing, the attorney for the opponents alleged there were other areas to be addressed under the pending site plan application before the Planning Board, and that the subject variance may not, in her opinion, be segmented for only this setback variance application on the fence signs. l No current documentation from the enforcing" officerl s) or case law was, however. submitted to support this claim.)" In addition, opponents made other claims, at the April 6th hearing, stating there were improprieties or noncompliance pertaining to the site plan, although there was no evidence submitted by the opponents or their attorney from the Building Department to support this claim - except that there was an intent by opponents to file a written complaint over the next few days with the Building Department, Town Attorney" and/or Town Board to investigate or determine" the alleged noncompliance. The Z. B. A. hearing record for the setbacks of the subject signs does show that the Appeals Board Clerk did speak as recently as the r Page" 3 - Appl. No. 4227 . Application of WILLIAM GA~ER Decision Rendered May 4, 1994 . afternoon of the day of the, hearing (April 6, 1994) with Building Inspector (Gary Fish) and that he told the Board' Clerk there were no other items that he feels would be proper to bring before the Board at this time particularly since he has been communicating with the applicants directly and that the Gassers are proceeding to remedy any outstanding problem, such as necessary screening' and other site elements normally addressed by the Planning Board under Article XXV of the Zoning Code. The issue raised during the April 6, 1994 hearing as to whether or not a parcel or building has unrelated violations is not properly before the Board, and must initially be addressed by the enforcing department or enforcing officer of the Town. A determination on the sign setback application as applied would not, however. preclude a subsequent appeal for different relief by the owners of the subject parcel or an aggrieved party as provided by New York Town Law. Section 267. 7. OTHER CONSIDERATIONS. The relief requested is an area variance which pertains to the manner in which the land dimensions or topographical requirements are to be authorized by the Board of Appeals {ref. New York Town Law. Section 267(1)} amended July 1, 1992. This amendment' no longer includes the term "practical difficulty" or any particular test, and now provides that ZBAs consider two basic things: a) granted; and the benefit to the applicant if the variance is b) the detriment to the health, safety, welfare of the neighborhood or community that would variance were to be granted. and general occur if the In balancing the interests dered, and determined, variance request: above, the Board Members have 'consi- the following five factors for this area a) there will not be an undesirable change in the character of the neighborhood or a detriment to nearby properties, if granted; the fence is a permitted structure which is used for screening, privacy and security purposes throughout the town, and the purpose. for the proposed signs is for on-premises advertisement which is permitted in the Hamlet-Business Zone District as an accessory to the on-site use; the size of the sign is within the limitation recommended by the Code Review Committee at 24 sq. ft. or less; b) the benefit sought by the applicant cannot be achieved by some other method, feasible for the applicants, other than an area variance; placement of the sign on the, interior of the property ~f>agl!4 - Appl. No. 4227 . Application of WILLIAM GA~ER Decision Rendered May 4, 1994 . (inside the fence enclosure}. would necessitate a different variance as to sign height in order to be visible. c) the area variance is not substantial - particularly in light of the fact that the property is unique as to its L-shaped configuration. narrow width. limited buildable. area, building location which preexists the zoning regulations; and other preexisting nonconformity! ies}; d) this area variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or business district; abutting the subject premises to the south are the Long Island Railroad tracks; to the north is a parcel of land occupied as a take-out restaurant service with dwelling usels); the parcel was re-zoned on September 21, 1993 from Light-Industrial and Residential Office mixed, to Hamlet Business; e) although the fence signs have been existing for some time and was self-created by the owners, New. York Town Law provides that such action does not preclude. the grant of a variance when all the other factors are considered; f) the relief granted is the minimum necessary and at the same time will preserve and protect the. character of the neighborhood and the health, safety and welfare of the community; the sign is not unsafe, insecure, damaged, deteriorated, and is not a menace to the public. 8. PLANNING BOARD STATUS. Under the pending site-plan application before the Southold Town Planning Board a letter dated March 16, 1994 was sent to the owners/applicants that a variance was required for the setbacks of the two signs, as exist. It is noted that the site plan application is being held in abeyance pending the outcome of the variance application, and a further review is continuing. 9. PERMITTED SIGNS. The Building Department has indicated that its department's ruling is that one on-premises advertising sign is permitted for each road frontage; and when a parcel has frontage along two roads, two on-premises signs would be permitted, one along each separate road contiguous to the parcel, either single-faced or double-faced; and that Section 100-81C of the zoning code does not in their opinion prohibit more than one sign under these circumstances. NOW, THEREFORE. on motion by Member Dinizio, seconded by Member Wilton, it was . " .Pclg! 5 - Appl. No. 4227 I ' Application of WILLIAM GA ER Decision Rendered May 4. 1994 . RESOLVED. to GRANT the relief requested for the location of an on-premises advertising sign posted on the fence as situated less than 15 feet from the property lines - one being at the easterly side of Love Lane. and the other at the southerly side of County Road 48. as exists. with the following understanding: a) final approval to be obtained from the Southold Town Planning Board under the site plan regulations; b) approval does not expire from the N,Y.S. Department of Transportation pertaining to Sections 88 and 52 of the Highway, Law; c) a fence permit to be obtained from the' Southold Town Building Department; d) referral in accordance with the Administrative.Code ,to the Suffolk County Planning Commission - this project is located within 500 feet of a County Highway; e) this determination shall not preclude application. by the owners or an aggrieved party for different relief. filed in accordance with the requirements of New York Town Law. Section 267; fl compliance with all other sign and zoning regulations. Vote of the Board: Ayes: Messrs. Doyen. Dinizio. Wilton. Villa and Goehringer. This resolution was duly adopted. * * * 2 /;;a~ GERARD P. GOEHRINGER .. CHAIRMAN . . APPEALS BOARD MEMBERS ~f(l.')~ ~, ....J ~. .:'",,'\-., . . .... --/ I i~"" \~'. ',~ \,' \'::;~;;~: ~t,') '-,1":":_, -'~(~~",:-.~ !:!J V ..)~'~'~; ,.~.0 /~ ;"-\-:,":.:y"Y' < .;.J ':( ..;\,o.,jV ",,"~Dj,:,lpJ Town Hall, 58095 Main Road PO. Box 1179 Southold, N_ York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Gerard P. Goehringer, Chainnan Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD May 11. 1994 Carmella L. Borrelli. Esq. Ongioni & Borrelli. Esqs. 403 Front 'Street P.O. Box 562 Creenport. NY 11944-0562 t!r () f' 1 Re: Your Letter of May 6. 19911- - Pending Site Plan SCTM #1000-140-2-16 (William Casser) Dear Ms. Borrelli: We are in receipt of, your. letter dated May 4. 1994 which was not received until two days after (May 6, 1994) the Zoning Board's determination pertaining to the sign setback application (copy enclosed for your convenience). As part of the Board's review, the applicant is required to meet all other zoning regulations and the area variance determination pertaining to the signs does not preclude an application for different relief by either the property owners or an aggrieved party (Town Law. Section 267). There are legitimate iss~es of concern in your letter. Although we would like to be of assistance, these issues are not properly before the Board of Appeals as required by New York Town Law. Section 267. and these are issues which are presently under review by the enforcing department of the Town and the Planning Board pursuant to previous correspondence forwarded by. you (to the Town Board, Town Attorney and Building Department). It does appear that further reviews and application will be necessary by Mr. Casser with reference to the tbwer structure if the structure is to be over 18 feet in height. Section 100-236 as referred to in your second paragraph is restrictive upon residential zone districts, however. it may also be necessary for the museum's displays and attractions to be located in an enclosed building in the Hamlet-Business Zone District (effective on or about January 10, 1989). All of these items are site plan elements before the Planning Board at this time under its pending site-plan reviews together with the Building Department once the plan has been referred to the Building Inspector {if it has already. not been done so.} We do agree that the conditions of the Change of Zone Page 2 - May 11. 19_ To: Cannella Borelli.~q. Re: Letter of May 6. 1994 American Amoured Foundation . approval by the Town Board must also be met. Until such time as a formal application is properly made by. either the property owner or an aggrieved party pursuant to New York Town Law. Section 267. pertaining to appeals. variances. or interpretations~ . and based upon a written determination made. by the Building Inspector. the Board of Appeals-without proper jurisdiction. Enclosure // ~ cc: Building Inspector Gary Fish -? Planning Board Office"'- Supervisor and Town - Board Town Attorney Mr. William Gasser Very truly yours. ~ __--.~ ~ _7/.~ - ~!-/ / 6,,~~ GERARD P. GOEHRfNGER ,/ CHAIRMAN // // . -- . . Richard G. Ward, Chairman George Ritchie Latham, Jr. Bennett O~owski, Jr. Mark S. McDonaid Kenneth l. Edwards ,t:JVZ;:Z:~ '(;),"'~'~';'D","':?"L;',"'~"~ ,t/ _._:,~) ,," '. .~, \\ y:" I t ""~ :~ :?I .' ~.' ", ~ U ;)..> ~" ",.~ ," ',.\ _ ,', ( "," f':>o ,'j ~ '1.0) >~,',' ".". ~""';0'-1 "<2""" :i'- .~otl ~:O':::;--;'::~'.7)~J Town Hall, 53095 Main Road P. O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD MEMBERS PLANNING BOARD OFFICE TOWN OF SOUTHOLD ":0: FROM: ~erard P. Goehringer, Chairman, Zoning Board of Appeals Richard G. Ward, Chairman ~~ RE: Planning Board comments on actions before the Board of Appeals DATE: May 4, 1994 Following are the Boards comments on actions before your Board: Appl. No. 4232 - Thomas Palmer and Joan Gibbs The Board has no objections to this lot line change as no new lots will be created. Appl. No. 4231 & 4230SE - Alex and Afrodite Boukas The Board has no objection to this proposed site plan as it is the intention of the code to permit this use in this zone by Special Exception. Appl. No. 4203SE - Robert E. Bidwell The Board is in general agreement with the proposed site plan subject to the applicant's satisfaction of details. Appl. No. 4237 Robert pelligrini The Board has no objection to the proposed kitchen for private use. An amended floor plan should be submitted to this Board for the record file. w /' Appl. No 4227 - William Gasser Since the security fence will public view, the Board has no request. The Board recommends . partly obscure the sign from objections to the variance that the sign not be lighted. . . . o m 00 ~ 0 \VJ2J~ : ~I i M~Y 4 "0 \ , : "_.._ ...-l , i swf,:olJ iU",N . : i PlANN1i~G BOMm )1!r.~, ~ t2-Le.. ~ ~ ~ ~ T~ ~a--V \~ p~ t<-J~ /c/''}{{ C~ . fA/a..J. adv~' ---9'0 ~ ~ ~ '!'-?71 ~ft1 cxL' p()-.( e-"if . , , 0/ -11~ J'CU<L ~ 1~ ~~~f ~. i{~ O-Z/ t1.' --=, i = . ~hD~" dd O--<..-UL . I /- :--::-- ..A1..O-y ~ ...Y cJ ~d ~ ....--;??..0, ~F;u::- ~ ~ 3 -7';/ I I I 1f4-l, ~o-;:, / <21w~~t2~/ " . ONGIONI & BORRELl I . ..5lueF;cc />6 a AHORNEYS AT tAW .103 mQNY STREET. r.O,BOx St>? GREENPORT, ~IFW YORK 119"-1.056? TEt" (516) d77-20tlB . FAX (516) d77-A910 f,tM;>IE QNGIONI r:^RMFlA L BORREI_U 28e PANTtGO 110AD FAST HAMPTON. NY 11937 TEL (516) 32<1.6282 FAX (516) 32tl-82B3 r.1 ,1\ 1, 1 <) q 1 Gerard p, f;oehringer, ChAi rman Zoning n,,;nd of Appea] s P.O. Bo:{ 1179 Southold, NY 11971 RE: _pJ;:Qposed Si,te Plan:l;gr, AmericEn_~mo~~~9 FO~DQatjon !).~TM# _LO-9.l!=J 40- 2_-:) 6 rn MAY 5 1994 rn ~~~owm m Dear Mr, '>'ehringer: T h;l~e reviewed Mr. Fish's memo to thn BOArd dated April 26, 1994 req(lqiing the above property. Mr, I";sh gives a rather lengthy discuf,.,j,,,, of what constitutes the reAr \"nrJ of the applicant's inverlNj "[," shaped parcel which has fron' nqe on two streets. However, t:Ii" height rl'striction of 18' :is no' nddressed Although originally m",d ioned as a criteria to be met. According to the code the "gun tower", an accessory structuf", must not exceed 18' and must "lso meet the set-back requiremnnr.s from any lot line no matter whnt constitutes the rear of the p''''',d. The change of zone, additioll'l11y, further restricts the 10c'l! i "n of the tower to at least ] 00' from Love Lane. Thus, the towe] , if it exceeds 18' alld if it is I ,~ss than the requisite feet frOlI] the side yard must seek a varianc'-, It must, however, be at least !Of)' from Love Lane. Mr. Fish's memo, erroneously, inter1'">I,, the war machines on display "n the property as "storage" anrl it is his opinion that such storAge is not arldressed in the code for the Hamlet Business dist:ricl (See sec. 100--236 re outside "torage in residential dist',icl) The war milchines are not storer!, They are an integral part of Ihe museum's displays and attrilcti"ns and as such must be enclosed in a building as is stilted in the ('ode. The fact that the exhibits mnst be enclosed in a building hilS been stated by the town's o',''''n c()nsu]tan~r;. (!=i~~ Rxhjbit 7 i1t!;l(~"("d to mf'TnOrilndum in oppoBitl(11). Hr. I,',sh's memo to you enclosed a copy of the Planning Board's letter of January 21, 1994. I call this Rnnrd's attention to item "3" whi,'iJ is a reiterelLioll of ,1 condition j,ln'ced on this property when thp .'lTl~ change ~,'li1:si sSlled. PhotO(P:ilph~, t nken by my c11.ent at ~, . . 2 p.m. 'ln the date of the hearing cl"FlrJy indicate that the screeninq is not complete. A review of the tape of the hearing will reveAl that Mrs. Gasser stated they were finished with the screening and all that would be done had be"n done. The incomplete screening violates another condition of the zone change and adds but anol- h",r violation of the requirements t hat are not being met by this appl icant nor for which they are see~ing relief. I 'rust this Board will examine the height and setback requiremnnts of the code regarding the tower, will interpret for itself what the displayed war machines constitute, which is certainly not storage, and what full screening as a condition of the zone change really means. I thank you for your continued time and consideration of this matter. Very truly yours, ONGIONI & BORRELLI (/)d/ /-::L7~ .t1-0 <v/. ( . ------- -.----,--~. ~_. Carmela L. Borrelli f1y: CLB:ar cc: Gary J. Fish, Building Inspector Planning Board Town Board Town Attorney ~,....- . . ONGIONI & BORRELLI ATTORNEYS AT LAW 403 FRONT STREET. P.O.BOX 562 GREENPORT. NEW YORK 11944-0562 TEl. (516)477-2048. FAX (516) 477-8919 ,Su..I!:A l.E ,06 ,et<- MARIE ONGIONI CARMELA l. BORRElli 288 PANTIGO ROAD EAST HAMPTON, NY 11937 TEL (516) 324-8282 FAX (516) 324-8283 April 13, 1994 Bob Kassner Planning Department TOVJll Hall i'''Jd,:.~n Road Southold, N.Y. 11971 Re: Application for Site Plan Approval American Armoured Foundation Inc. '~)H(3.r Bob: By now you have received a copy of my letter of April 7, 1994 regarding Mr. Gasser's application for a variance for signs. At the ZBA hearing I stated there were numerous other vio~ations of the code and that a request for a variance for one v',.oj.ation was segmentation and should not be permitted. I requested that the ZBA make official inquiry of the enforcement officer regarding other violations. The ZBA has now made that request. (copy of their recent memo attached). It is our position that this site violates the requirements of the zoning code and that certainly site plan approval cannot be granted while such violations exist. The tower does not meet heisrht and set back requirements despite its movement to comply with one of the Town Board's conditions for granting a zone change. The site has not met another condition of that approval in that the fencing between the site and my clients property has not been completely shielded. In addition, under the code a museum must be wholly enclosed whereas there is war machinery in open view throughout the site. roJmmmD\YJm~ lJI] APR I 5 1994 I!J SOUTHOlO TOWN PlANNING BOARO . . It is respectfully requested that this Board demand compliance with the code before the application is processed any further. Very truly yours, ONGIONI & BORRELLI {!J Carmela L. Borrelli By: CLB/dms CC: Zoning Board of Appeals Town Board Town Attorney Building Department - Att: Enforcement Officer . . ONGIONI & BORREl..Ll SulJRLr 1',6 ;(!/<C A TTOt<JNEYS AT LAW 403 FRONT STREET. P.OBOX SI':,2 GREENPORT. NEW YORK 11944.05'<,:' 1Ft (516)477-20.18. FAX (516)1177 8?1':' MAPlE ONGION! ('AmAFlA I, P.;0QPEUI 288 PANTIGO ROAD r JI.,')T HAMf'TON. NY 11917 'FI (51"') 3':'''0''') FAX (5 16) 32d~?fl' April 7, 1994 illC~ LI U \V ,:,1"1 '--~l " " . I I'" a 1994 ill Laury Dowd, Esq. Town Attorney Town Hall Main Roan Southold, N.Y. 11971 Re: ZBA Application of Amer i,can Armoured FoundaJ:_i_Qn Dear Ms. f)r)wd: Last night I appeared in opposition to the above application on behalf r)f the next dr)r)r n"ighbors, f)innp and Frank Ammirati. The history of this site is contained in my memo to the Town Board submitted in opposition to the applicants' request for a change of zone (granted 9/93)(See Exhibit 3 & 3A attached to ZBA memo). My opposition last night was two fold: first that the applicant has not met the statutory requirements for a variance and second that other variances are required for other code violations and the segmentation being attempted was improper (copy of opposition memo enclosed) . During the course of the hearing the ZRA's secretary/assistant advised that she spoke to the Building Inspector who had advised that no other violations exist at the site. I requested that Mr. Goehringer make official inquiry of the B.li lding Inspector on this subject. A p.-,rusal of my memos and a review of I h" voluminous files for this site maintained by the ZBA, Planning f)opartment and Town Board will, I am sure, reveal to you that "here are indeed code violations present that require variances. Those violations have been acknowledged by the Building Inspector (see Exhibit 5 attached to the ZBA memo), by the Planning Department (see Exhibits 6 & 8 attached to the ZBA memo), by the Town's consultants (see Exhibit 7 attached to the ZBA memo), by the Town Board (see Exhibit 1 attached to the ZBA memo). The changing of Building Inspector's has not changed the code. It exists now as it did in the past with regard to the violations noted by the abov" entities. In the past this applicant enjoyed somewhat favored treatment. It is our hope that Wi~l~ , ~pw admj~i~trRtin" comes rrnrn~ r~~0 0nfnrcrment. '\ 1>r.'tfullYt ccr. f,.,.,t thn' '-he '!", , nf" ,,;(ir.C" review . . this matter. I am certain that my contentions will be sustained. My clients ask nothing more than this applicant comply with the law and if non-compliance is found that the appropriate penalties be imposed or the proper remediation be sought. Very truly yours, ONGION! & BORRELLI By: (11J/~;J ~ .. - ..____ L____ Carmela L. Borrelli CLB/dms enc. cc: Zoning Board of Appeals (w/o enc.) Planning Board (w/o enc.) Town Board (w/o enc.) , . . ONGIONI & BORRELLI ATTORNEYS AT tAW 403 FRONT STREET. P,Q.BOX 562 GREENPORT, NEW YORK 11944-0562 TEl. (516) 477-2048 . FAX (516) 477-8919 .:5I.$P1L.6 .-r ~/SH J~ /-_j)7-,,/D (!-!3 . ~I::..- IV:; 288 PANTIGO ROAD EAST HAMPTON, NY 11937 Tel (516) 324-8282 FAX (516)324.8283 fl..J)t../l/I/' MARIE ONGIONI CARMELA l. BORRElli AprilS, 1994 Town Board Planning Board Building Dept-Enforcement Officer Town Hall Main Road Southold, N.Y. 11971 Re: American Armoured Foundation, Inc. "Tank Museum" SCTM #1000-140-2-16 Dear Sir/Madam: Enclosed please find a copy of my clients' memo in opposition to the application of the above entity pending before the Zoning Board of Appeals. Please note that the applicant continues to violate the zoning code and the conditions of the zone change granted in 1993. It is respectfully requested that appropriate action be taken with regard to these violations. Very truly yours, ONGIONI & BORRELLI (l,J /?~J}/ Carmela L. Borrelli By: CLB/dms cc: Zoning Board of Appeals m APR 7 1994 . . '~ APR 7 1994 rn ~@~uw~ STA~~E OF NEW YORK TOWN OF SOUTHOLD -------------------------------------X In The Matter Of The Petition of SWTli TOWN ftAHNlNG BOARD William F. Gasser and the American Amoured Foundation, Inc., For a variance from Article IX, Section 100-91 C 2 (100-81-C-2-a) of the Southold Town Zoning Code -------------------------------------X MEMORANDUM OF DIAlfE AlfD FRANK AMMIRATI IN OPPOSITION TO THE APPLICATION FOR A VARIAlfCE STATEMENT OF FACTS This property received a zone change from the Town Board on September 22, 1993 (Exhibit 1) which decision specifically states at item #5 that: "The change of zone shall not in any way be considered at[s] the granting of any variance necessary to the proposed use." The above comment by the Town Board was apparently made because of the prolonged1, improper use of the site and the applicants history of a total disregard for the Town's zoning code. In fact, the application for a zone change was made because the then Town Attorney said "enough is enough" as a result of the stalling tactics of this applicant which had gone on much too long (Exhibit 2). A short synopsis of the history of this site follows: It was purchased in September 1981. Prior to the purchase the applicant sought guidance from the ZBA as to the uses available at the site. Mr. Gasser advised at the meeting that his hobby was 1in excess of ten years . . armoured vehicles and he was interested in converting the existing storage building to a museum. This Board rightfully advised it cou:_d not render an opinion without an application. The intended use as voiced to the ZBA in 1980 prior to active purchase was not permitted under the zoning code. Thus, this applicant even prior to his purchase had every intention of creating an illegal use and it :_s now 1994 some 14 years later and the illegalities have not been remedied. In 1988 a complaint regarding the then recently installed gun tower prompted a memo from the Building Inspector in January 1989 which noted some of the existing violations. None of those violations, some seven years after observance by the Building Inspector despite their continued existence have resulted in fines and all go unremedied. In 1989 the Planning Department determined a site plan was required but an application was not submitted until 1991. That application is still pending and the instant application is a result of discussions with the Planning Department. In fact in August 1991 Mr. Gasser was advised by the Planning Department that ZBA action was required for the gun tower but to date no request for a variance has been filed. An application was filed in February 1992 but it was returned as incomplete. The ZBA's letter of return read in part .,. .copy of the Certificate of Preexisting Use and supporting documentation making reference and certifying the 'non-conforming use' under which the application is requested..... Applicant obviously had on that occasion as applicant did with the Planning Department (See Exhibit claimed existence from a . . period that pre-existed code requirements. Applicant never reapplied to this Board until the instant application for a variance for signs. POINT I AN APPLICATION FOR A VARIANCE FOR ONE VIOLATION OF THE CODE CANNOT BE GRANTED WHEN MULTIPLE VIOLATIONS EXIST. A COMPREHENSIVE APPLICATION SEEKING A VARIANCE FOR ALL VIOLATIONS MUST BE MADE. A detailed history of this site is contained in opponents memoranda submitted in opposition to the Petition for a Zone Change (Exhibit 3 and 3A). Suffice it to say that this applicant has used and abused the application process before the Planning Board, the Zoning Board of Appeals and the Town Board to continue to operate without the proper authority. The illegalities have been called to the attention of the Town's enforcement officer on more than one occasion but as of this date no summons has been issued and the appl icant continues to operate in defiance of the code. The undersigned's most recent letter of complaint is attached (Exhibit 4) . The Building Inspector's office found violations of the code as early as January 9, 1989. The Building Inspector stated at that time that no order to remedy was issued in order to give "the museum an opportunity to follow the normal process to clear up the violations (Exhibit 5). It is now five (5) years later and this site has still not remedied its violations and yet it continues in use without sanction from the Town of Southold. Despite the zone change: 1. The site does not have site plan approval and the . . application has meandered its way through the process since 1981. In fact, it cannot receive site plan approval because of the existing violations which require ZBA action. 2. The gun tower does not have a building permit and violates the height and setback requirements of the code. The Town Board's order to relocate the Tower at least 100' from the Love Lane entrance (See Exhibit 1) has not instilled that Tower with legitimacy as the Town Board has no authority to grant a variance from the code's requirements. A location 100' from the Love Lane entr-ance does not make it the requisite feet from the lot line, nor does it make it shorter than 18' nor is the decision a substitute for the non-existent building permit. 3. The museum is not fully enclosed in a building as is required under the code but rather has war equipment throughout the site for public viewing. The unhoused equipment is the museum's prime focal point. (See Exhibits 3 and 4). It is in essence what makes the museum a museum, albeit an unhoused museum in violation of code requirements. This applicant seeks approval from the Zoning Board of Appeals for two signs which also do not meet code requirements. However, even if this application were granted this site fails to have the requisite authority to continue its use. By piece meal application, delayed over years, this applicant has flagrantly violated the code and more importantly has done so with impunity. If 1:his Board grants the requested relief and the applicant reappears before the Planning Board, that Board cannot act because additional violations exist (See Exhibit 4). . . On behalf of the opponents, I have asked that a summons be issued for each violation thus mandating that the applicant appear before this Board seeking all the relief that is required to legitimize the operation (See Exhibit 4). This Board cannot grant the requested variance for one violation when this site has mul t:iple violations. To do so is to condemn the Board, the applicant and the opponents to continued appearances as one facet of a multi-faceted problem is pursued while the remainder wait their turn. The applicant's strategy of piece-meal pursuit of the requisite permits has allowed this illegal use to continue for year's with impunity. The tactics of this applicant are a flagrant misuse of the syst.em. The request for a zone change was opposed by the Planning Board (Exhibit 6) as they considered the indiscriminate realignment of land as constituting spot zoning. The Town's environmental consultant noted that even with the zone change the site would not be in conformity with the code (Exhibit 7). However, the zone change was granted (See Exhibit 1) with the aforementioned caveat regarding violations (See page 1 herein) but the applicant seeks now only to obtain a variance for signs conveniently ignoring all other violations. In November, 1992 I argued before the Town Board that the applicant had shown a complete disregard for the law and yet had avoided penalty. That scenario continues with this application. This Board cannot grant this variance which addresses but one minor violation of the code while the applicant continues to operate with many major violations of the code. In 1991 the Town Planner wrote . . a memo to the file (Exhibit 8) which concludes: "In any case, the Planning Board cannot proceed with site plan approval without the Zoning Board of Appeals' review of the situation. At the least, the property owner must apply for a building permit for the tower. The existence of any other violations or non-conformities must be determined by the Building Department". POINT II THE VARIANCE TO CONTINUE THE EXISTING SIGNS SHOULD BE DENIED The instant application which seeks to legitimize two signs attached to the fence which faces Love Lane in Mattituck is but another inappropriate step taken by the applicant in an attempt to give a semblance of legitimacy to an illegal use. The application for a variance (Exhibit 9) states that the variance is requested because the property width will not allow for conforming set-backs. The applicant advises that the zoning code creates a hardship because it will not allow the applicant to advise tourists of the entrance and alleviate traffic problems. The applicant further claims uniqueness on the basis that all other properties existing in HB are not confined to such a narrow width. The applicant completes his application by advising that the variance would not change the character of the district because of the sign's subdued color and design. This is probably applicant's only statement with which we partially agree as the proposed sign in comparison to the deployed tanks and other war machines will certainly not change the character of the district. The character of t:his district changed in 1981 when the applicant began his illegal use. . . This property is oddly shaped having frontage on Middle Road (Route 48) and Love Lane. It is 50' wide on Love Lane running back almost 250' and then at a right angle about 375' to Middle Road (Route 48) where it widens to 60'. (See Exhibit 10) Section 100-81-C (2) provides: "Signs, subject to the following requirements: (a) Freestanding or ground signs: where building is set back twenty-five (25) feet or more from the street, one (1) sign, single-or double- faced, not more than eighteen (18) square feet, the lower edge of which shall be not less than four (4) feet above the ground, unless attached to a wall or fence, and the upper edge of which shall not extend more than fifteen (15) feet above the ground, which sign shall be set back not less than fifteen (15) feet from all street and property lines and shall advertise only the business conducted on the premises. As used in this subsection, the word "premises" shall mean all contiguous property in common ownership. As can be seen from the property survey (See Exhibit 10) it is not impossible for applicant to comply with the code. A sign at this site can be placed 15' from side and front property lines and still be visible from the roadway and entrance. It is merely inconvenient for applicant to move a sign that has been illegal since installation in June, 19812. The fact that displayed tanks and other war machines might interfere with the 15' requirement is a self-imposed hardship. The applicant also fails to note that under the applicable section of the code only one sign is permitted which sign should be not more than 18 square feet in size and placed in such a manner 2See Exhibit 10 where applicant's response to the question "The month and year that the sign was placed on the property must be provided" was "6( (81". . . that it is not less than 4' above the ground. There are two (2) existing signs much in excess of 18 square feet and they are placed only 26" above the ground (See Exhibit 9). Thus, the applicant really seeks a variance from the set-back, size and height above ground requirements of the code. Historically, this applicant never reveals all the facts at one time causing confusion and obfuscation all of which has allowed this illegal use to continue for more than 13 years. At one point this applicant attempted to obscure his illegality by claiming to be a pre-existing non- conforming use (See Statement of Facts and Exhibit 11) but the astute review of the history of this property by Board members put that tactic to rest (See Statement of Facts and Exhibit 12). POINT III THE APPLICANT HAS NOT MET HIS BURDEN UNDER SECTION 267-b OF THE TOWN LAW Section 267-b 3(b) of the Town Law sets forth the factors a ZBA must weigh in making a determination on a request for an area variance. The essence of the factors to be considered are: -whether an undesirable change will be provided in the neighborhood or a detriment to nearby properties; -whether the benefit can be achieved by some other feasible method. -whether the variance is substantial. -whether the variance will have an adverse effect on physical or environmental conditions of the area. -whether the difficulty encountered is self created. Subsection (C) cautions the ZBA to "grant the minimum variance . . it shall deem necessary and adequate". By submitting a request for a variance for signs and ignoring the remaining violations of the code, the undersigned believes the applicant is seeking to minimize the perceived relief requested and thus comply with the statutory requirements. A sign is unlikely to present an undesirable change or have an adverse effect on the environment. This variance if coupled with the others that are required would make it very difficult for the applicant to meet the statutory requirement. However, by seeking only a variance for signs the applicant attempts to secure a positive decision. The relief requested has been minimized by ignoring the other code violations that require ZBA action. In fact, this applicant has not completed the screening required by the Town Board when it granted the zone change and thus applicant violates a condition of the zone change, in addition to several code violations. The benefits of the sign can be achieved by a conforming sign especially since an obstructions to compliance are self-created. CONCLUSION: It is time that some Board in the Town of Southold said "enough" . It is time some Board demand and mandate that this applicant comply with the law (See Exhibit 13). The applicant purchased the property in 1981. He commenced an illegal use and he has reaped the economic rewards of that use to the detriment of his neighbors for some 13 years while he has toyed with the legal structure and made a mockery of zoning laws. . . The application should be denied and applicant should be ordered to submit a request for relief encompassing all code violation within a stated period of time or face penalty and/or closure. Dated: March 30, 1994 Greenport, N.Y. Respectfully submitted Ongioni & Borrelli Attorneys for Opponents Diane and Frank Ammirati . ,- . . RIchard O. Ward. Chalnnan George RItchie Latham, Jr. Bennetl: Orlowski. Jr. Mark S. McDonald Kenneth L. Edward. ; ",\)tr'Ol,r ~ ,) ~.. '0.... ,-'~.';v ',-, t,.~ ...:.?~., "''l;. ~ :-:-, ; t ';;~'. ~ ;:))', Fj ":;;:?"n'l ~--.";;'\",-iJ- :.t ',1 ~-o ,,/',/ .'- -,S ',.,',,"j SCOTTL.HARRIS Supervisor PLANNING BOARD MEMBERS -'~:,-Z::::'J,J-~ Town Hall. 53095 Main Road p. O. Box 1179 Southold. New York 11971 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTIIOLD Fax (516) 765 - 1823 January 21, 1994 Mr. & Mrs. William F. Gasser 2383 Fifth Avenue Ronkonkoma, NY 11779 RE: Proposed Site Plan for American Amoured Foundation N/Ec LIRR Right of Way & Love Lane, Mattituck Zoning Hamlet Business (HB) SCTM# 1000-140-2-16 Dear Mr. & Mrs. Gasser: The Planning Board has reviewed the conditions contained in the Town Board's rezoning decision and reviewed the Site Plan dated September 9, 1991. The following changes must be made before the Board can proceed with its review: 1. The scale of the plan must be 1" = 20'. 2. The height and type of fence must be shown. 3. Screening must be placed between the museum property line and the residential properties to the north east and the northwest and to the Hamlet Density property to the northwest. 4. The tower must be moved to a point not closer than one hundred feet from the Love Lane entrance and shown on the plan. 5. Handicapped space and paved surface must be accessible to building. 6. Parking calculations and a notation regarding accessibility of pUblic parking must be shown on the plan. 7. Zone must be indicated. . . Richard G. Ward, Chairman George Ritchie Latham, Jr. Bennett Orlowski, Jr. Marl<. S. McDonald Kenneth L. Edwards ~ d~,',~FOl ,;-<'~ ,),.,;\ '-V(J" ~~,~ J ",,-,"". '1, :/_'c~,""',~', ' I','~ ',':, - '~~ \'> ., ~ . ,"". ...:. 'HI .~ '...1 ::1'" ,.;;'.:., ~ , ~~,) - "', <': ,\ "'~ -', :, ~ (Y )";.):.,_. - .;.__.~'-.....-::l'J '__ . ',.-;; ";;''';','.1 "~~?:-.~~_~~.~)~~U~;~~o'f/ Town Hall, 53095 Main Road P. O. Box 1179 Southold, New Vorl<. 11971 Fax (516)765-3136 Telephone (516) 765-1938 PLANNING BOARD MEMBERS PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 16, 1994 Mr. & Mrs. William F. Gasser 2383 Fifth Avenue Ronkonkoma, NY 11779 RE: Proposed Site Plan for American Armored Foundation N/Ec LIRR Right of Way & Love Lane, Mattituck Zoning Hamlet Business (HB) SCTM# 1000-140-2-16 Dear Mr. & Mrs. Gasser: This letter will amend our letter to you of January 21, 1994, in which the set back for signs was incorrectly indicated. Ground signs shall be set back not less fifteen (15) feet from all street and property lines. In addition to the above, Suffolk County Department of Health Services approval must be obtained before any possible final approval. If you have any questions, or require further information, please contact this office. r:r;;:JY-I/!~ Rlbert G. Kassner Site Plan Reviewer cc: Gerrard P. Goehringer, Chairman, Board of Appeals .' ~ . . 8. Percent landscaped and percent lot coverage must be shown on the plan. 9. Key map showing the location and owners of all adjoining lands within five hundred (500) feet, as shown on the latest tax records, at a scale of one (1) inch equals one hundred (100) feet. 10. Any proposed outdoor lighting must be shown. This lighting must indicate type and wattage and must be shielded to the premises. 5~ou.lJ h:( ll. \ peA- 'Ow) \5 8 \ cJEIn addition to the above, Suffolk County Department of \ b o. -t Services approval must be obtained before any possible 001 approval. fill Ground signs must be twenty-five (25) feet from each side line and fifteen (.15) feet from the front and/or rear property line. Health final 'rJO( is' \) ~ ,1 . ~ ~~blJ inc 'rlY1 (}j /< ' \ /,eA /J ~.?V i.bert~ . Kassner Site Plan Reviewer If you have any questions, or require further information, please contact this office. .- i , STATE OF NEW YORK DEPARTMENT OF TRANSPORTATION VETERANS MEMORIAL HIGHWAY HAUPPAUGE, N.Y. 11788 JAMES A. KUZLOSKI REGIONAL DIRECTOR January 31, 1994 American Armored Foundation, Inc. 2383 5th Avenue Ronkonkoma, NY 11779 Attention: William F. Gasser, Director Dear Mr. Gasser: SUH=1l.r te;::. ~ JOHN C. EGAN COMMISSIONER This letter is in response to your January 27, 1994 letter requesting our review of your two fence-mounted on-premise signs. We have examined the sign locations as shown on your survey dated December 23, 1993, and as depicted in your sketch and photos attached to your January 27, 1994 letter. Please be advised that these signs are in conformance with Sections 52 and 88 of the Highway Law. Thank you for consulting with us in this matter. Very truly yours, ~44L. CLIFFORD WINTER Sr. Right of Way Agent 00 rn . , ~~. p~ \?.~ -5 \ ~Y\ d',men~; Ul'"\S - ..3;{ -[+ y b I -Sic:Jr\ -I-S Cre.QrYl Cu!or k/T;.Vi ho....J€-r--- C) r : L) e.. Y 10.. b (clQr" k ~ fee 0 L e.. i-+ e.Y" ,'(\ I IN/ d a.rl ~(€-eY\-lo. n k o u -+ ); f) e J I v\ ~ I k {(If, Kc.....ssne.., C 0'1 C. e. r YI ; Y/ 1 +0 c cr,-t-c...c+ ;-(' ~uu So. kc! lei hu..ue. '"f-h e s e... ...s:; 5 n s pi eq s e. YTie . elf1) ale, 1 ue..s -+;c:/ Yl .s nul- hes;;~ {~ ( Itltl f1 k jo.J ~.rc II G4.&ser I II~~ G~ ltlt~ - !W" ..IAN I 8199,1 L. I ..}ui:r: IL.., Ir-~ '- _J12~~ l! . ,t?~~;r/~r1~a~A NOTICE (j S~ .9Aefit;; ,-Itp LEGAL NOTICE OF AMENDMENT TO SOUTHOLD TOWN CODE AND ZONING MAP AMENDMENT NO. 134 , i; !i , !! NOTICE IS HEREBY GIVEN that at a meeting of the Town Board of the Town of Southold, Suffolk County, New York, held on the 21 st day of September, 1993, the Town Board enacted the following amendment to the Town Zoning Code, entitled II Zoning Code of the Town 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. 134- amends the code of the Town of Southold by changing from Light Industrial (1L1") 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 I sland 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, North 55 degrees, 02 minutes 20 seconds East 60.00 feet; running thence South 35 degrees I 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. DATED: December 16, 1993. " !i I: JUDITH T. TERRY SOUTHOLD TOWN CLERK * * * i PLEASE PUBLISH ON DECEMBER 23, 1993, AND FORWARD ONE (1) , AFFIDAVIT OF PUBLICATION TO JUDITH TERRY, TOWN CLERK, TOWN , , HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971. I' I! i ~ 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. ~" , . ~' DEe 17 It . . 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 owner of certain real property situated in Mattituck, Town of Southold, 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 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 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 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 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. 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 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- /1 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 ("U") and Residential Office ("RO") to Hamlet Business ("HB") to declarant, William F. Gasser and the American Armoured Fuundation, 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 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. ~. 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. 1 \considered as The change of zone application shall not in any way be II 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, 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 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, I nc., 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 Directors of said corporation, and that he signed his name thereto by like order. Notary Public . . . S~.&t1ar ~ . American Armoured Foundation, Inc. Mailing Adress 2383 5th Ave., Ronkonkoma, NY 11779 (516) 588-0033 Museum: Love Lane Malllluck, NY A.A.F. 2383 ... A...... A__ N.Y. 11771 AMERICAN ARMOURED FOUNDATION, I PETITION ~ H L,l': ! ~';} ~.o Wi AUG J 01993 . L--__.........--i SOUTHOLD lOWN Pl.ANNiNG BOARD __J 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 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. Mailing Adress 2383 5th Ave., Ronkonkoma, NY 11779 (516) 588-0033 Museum: Love Lane Mattltuck, NY A.A.F. 2383 581 A....... R__ N.Y. 117711 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 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 l . . American Armoured Foundation, Inc. Mailing Adress 2383 5th Ave., Ronkonkoma, NY 11779 (516) 588-0033 Museum: Love Lane Mattltuck, NY A.A.F. 23D 5th A_ R__ N.Y. 11ns 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 . . Su~. lIS ~'K American Armoured Foundation, Inc. Mailing Adress 2383 5th Ave., Ronkonkoma, NY 11779 (516) 588-0033 Museum: Love Lane Mallltuck, NY A.A..F. 2313 5.. A....... R__ N.Y. 11779 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: 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 ~;). ~ @ ~ 0 w rn .00'01 'IU,Ii '" III Ull~G 311m I U SOUTHOLD TOWN PLANNING BOARD I . . American Armoured Foundation, Inc. Mailing Adress 2383 5th Ave., Ronkonkoma. NY 11779 (516) 588-0033 Museum: Love Lane Mattltuck. NY A.A..F. 2313 581 A...... R__ N.Y. 11779 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 South old, 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 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. -------~.~----------------------------------------------------------------------------------------------------------- '/.1'//> Tank and Ordnance War Memoria. Museum I . . American Armoured Foundation, Inc. Mailing Adress 2383 5th Ave., Ronkonkoma, NY 11779 (516) 588-0033 Museum: Love Lane Mattltuck, NY A.A.F. 23lIlI se. Awen... R_....... N.V. 117711 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: 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 MUleum Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 SCOTT L. HARRIS Supervisor s,,~. "'3 RK V5 . ~ ~'b . ,. ". '-'- - . /J'-:~'-'0~t ftlt,( --~S~ ,:Y. '" ) .. -;.1) '~ -" '.A.~v l. -:.;'-:. ~ ;'/~.. ~ .~\'r-l ::i':~ .(;,,~ ~.~ ........ - ~ i " i'" ... fi '( ,~-"-;;; ~"J \";> , ~.' ..~ ,f) " .', . "":-I,Y ", ''', . ~" y .:;'~'.?::;.~d!u'_~;)_c ,- . APPEALS BOARD MEMBERS Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 BOARD OF APPEALS TOWN OF SOUlliOLD r1arch 31, 1992 Daniel C. Ross, Esq. Wickham, Wickham & Bressler, P.C. Main Road, Box 1424 Mattituck, NY 11952 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 with 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, GERARD P. GOEHRINGER CHAIRMAN lk cc: ilJ.anning Board Building Department Town Attorneys 110) ~ @ ~ ~J'Dfl - I fJ9? I SOUTHOLD lOWN PLANNING BOARD Wi ill '0'" .. '1 . . LAW OFFICES WILLIAM WICKHAM ERIC..J. BRESSLER ABIGAIL A. WICKHAM WICKHAM, WICKHAM a BRESSLER, PC. MAIN ROAD, P.O. BOX 1424 MATT1TUCK. LONG ISLAND NEW YORK 1'952 DANIEL C. ROSS LYNNE M. GORDON ,JOSE~H C. SAVINO HUBERT F. SULLIVAN KAREN .J. HAGEN 516-298-8353 TELEFAX NO, 516-296-6555 MORTGAGE OFFICE 516-298-5300 TELEFAX NO. 516-298-2012 March 13, 1992 Southo1d Town Zoning Board of Appeals Town Hall, 53095 Main Road Southold, New York 11971 Attention:__Mr. Gerard P. Goehringer, Chairman Re: Planning Board Office Letter to American Foundation, Inc. dated December 20. 1991 Dear Mr. Goehringer: Enclosed herewith please find correspondence from the Department of the Army dated January 29, 1992 relative to the screening/fence issue. After your review of the letter, I suggest an opportunity to conference this with your staff and the Planning Board staff. Perhaps the complaining neighbor and his counsel could be' included in the conference. Enclosed herewith please find two photographs of the Memorial Tower. DCR:vm cc: Planning Board Marie ongioni, Esq. (with 1/29/92 correspondence) . . CEPARTh1ENT OF THE ARMY LOGISTICAL SUPPORT ACTIVITY MAINTENANCI! 2755 MAPLE AVENUI! BELLMORE, NEW YORK 11710 January' 29, 1992 Wickman, Wickman & Bressler, P.C. Main Road P.O. Box 1424 Mattituck, NY 11952 Attention: Mr. Daniel C. Ross Re: Planning Board Office Letter to American Amoured Foundation, Inc. dated December 20, 1991 Dear Mr. Ross, During the annual inspection of the tank museum this January, I was shown the Planning Board's request that a stockade fence or equivalent be placed around th~ entire museum perimeter except for the southern fence line that runs adjacent to the railroad tracks. I wish to point out that the tank museum is a federally charted military museum installation warehousing government owned property in the form of heavy weapons. As such the museum is required to meet strict DOD regulations for storage and security of this government property. Para 3A (9), DOD Reg. 4160.21-M regulations state that the museum must main- tain and protect these weapons to federal government specifica- tions. It is mandatory that the museum certify to this condi- tion each year (please see copy enclosed). It is also manda- tory that the museum not disregard any of these federal regula- .tions. It is this Army office, to which I'm attached that controls fed- eral government weapons for the area. Thus the tank museum falls under my jurisdiction. In reviewing the Planning Board's request for additional fencing as reiterated above; I find that this request would place the tank museum in conflict with the above stated federal DOD regulations. It would not be in the best interest of the federal government if the existing fence or property were altered by the addition of screening. Security of these weapons and especially security of the general public from illegal tampering of these weapons would be greatly reduced by any form of screening. Inspections by this office and the Bureau of Alcohol, Tabacco and Firearms are made periodically of the tank museum. Unrestricted view of these weapons from outside the property thru the metal fence is required for these inspections to be made. The existing fence was approved by the DOD when the museum opened in 1981. Please note: federal firearms regulations take precedence over any state or local laws as to the security of these weapons as mandated by U.S. Code 18, Chapter 44. I trust that the town officials will understand that federal reg- ulations take precedence in this matter, and that the museum "must meet the~ in their entirety, regardless of choice. . . DEPARTMENT OF THE ARMY LOGISTICAL SUPPORT ACTIVITY MAINTENANCE 2751 MAPLE AVENUE BELLMORE. NEW YORK lt7'0 . .~ ~ In view of the above regulations, I have instructed the tank museum to take no action that would violate the law, and there- fore not to add screening as was requested. During the January inspection, Mr. Gasser of the tank museum indicated that this instruction would place the museum in an undesirable compromised position with the town's request. Mr. Gasser asked that this order be placed in writing and forwarded to you for transmittal to the town's officials. In addition, Mr. Gasser indicated as a gesture of good faith the museum would attempt to raise add- itional donation funds which would be used to place slats on the northern part of the museum's parking area where the restaur- ant's visitors might gather. The offer is contrary to security instructions, however if no other screening obstructions are added, then this will be the maximum visibility blockage that will be accepted by this Army office. I trust that this letter clarifie~ the screening situation, and hope that the town understands the Army position on this matter. Any further correspondence as may occur from the town or museum, should be forwarded directly to this office and my attention. Unless notified to the contrary however, this matter is considered closed. Thank you for your understanding. Sincerely, A-~S:::/ ~ '-U. ,/,. ~ ///. .-ct.-C"'__t-~ // ~s J. Brecciano Weapons Inspector U.S. Army Logistical Support Activity, Maintenance ~ . . DEPARTMENT OF THE ARMY October 29. 1991 Aaerican Ar.oured Foundation 2383-5th Ave. Ronkonkoaa, New York 11779 Dear Sir: OUf records indicate that your organilation was given a co.bat vehicle as a donation by this Co..and. In accordance with regulations. Para 3a (9), 000 Reg 4160.21-H, it i. required that this Com.and make the following inquiries on an ~nnual basis: a. Is do~ed equipment being used for the requested and approved purpose? Yes No___ b. Is the equipment being properly maintained and protected? Yes vlNo Do you still wlsh to retain the donated equipment? Yes v/No___ c. The above DOD regulation also requires that vehicles be demilitarized prior to placement for final di3play. Request that you provide a copy of your certificate of demilitarization with your response to this letter. Please qovernllent. advise this be advised that tltle to the donated equipment remaln. with the When donated equipment is no longer needed or desired, please office for proper disposition instructions. Sincerely, ?!JL/C ~dc=- KENNETH R. HILTUNEN . . l,j.,W OFTICES WILLIAM WICKHAM E.RIC ..s. BRESSLER ABIGAIL A. WICKHAM WICKHAM, WICKHAM a BRESSLER. PC MAIN ROAD, po. BOX 1424 MATTITUCK. LONG ISLAND NEW YORK 11952 MORTGAGE QF"F"lCE OANIEL C. ROSS LYNNE M. GORDON ,JOSEI='H c. SAVINO HUBERT F, SULLlVA,,,, KAREN..J. H.....GEN 516-298-8353 TELEr-AX NO. 516-296-8565 516-298-5300 TELEF'A)( NO. 516-296-2012 March 13, 1992 Southold Town Planning Board Town Hall, 53095 Main Road Southold, New York 11971 Attention: Mr. Bennett Orlowski, Jr., Chairman Re: Planning Board Office Letter to American Foundation, Inc. dated December 20. 1991 Dear Mr. Orlowski: Enclosed herewith please find correspondence from the Department of the Army dated January 29, 1992 relative to the screening/fence issue. After your review of the letter, I suggest an opportunity to conference this with your staff and the Zoning Board of Appeals staff. Perhaps the complaining neighbor and his counsel could be included in the conference. (! DCR: vm cc: Zoning Board of Appeals Marie Ongioni, Esq. (with 1/29/92 correspondence) . \ \ \. -- . -- Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 }. ~.' 3 ,~;J . .;i;j",! t ;~"\.. it. -c;-~, 1 :-... N . . ..... "'" ~ :;, .... . ." /~ IJ . \~ ",;\,"~~y ,..,. - .}Vr'~p' J '. /~l' t ft& SidJ~/- $/~/ SCOTT L. HARRIS 1?f' Supervisor j APPEALS BOARD MEMBERS ~ -::c..-~~ Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 BOARD OF APPEALS TOWN OF SOUrnOLD INTER-DEPARTMENTAL MEMORANDUM TO: Harvey A. Arnoff, Town Attorney FROM: Office of the Board of Appeals DATE: March 27, 1992 SUBJECT: Incomplete Application - William Gasser Planning Board Communications Neighbor's Written Complaint to Planning Board We have received correspondence from Daniel C. Ross, attorney for William Gasser concerning Mr. Gasser's property at Love Lane, Mattituck. It appears that the American Armoured Foundation, Inc. may have a lease for a museum at Mr. Gasser's site for a federally charted military tank museum "installation" which warehouses government owned heavy weapons for museum use. Mr. Gasser's attorney forwarded to us an application for variances; however, there were several areas of the application which were found defective (see our letter to Mr. Ross dated February 25, 1992). You will also note that the Notice of Disapproval issued December 20, 1991 refers to enlargement of a nonconforming use, although there is no record of the existence of the museum prior to 1957. . Since the ZBA's application is defective, we have returned it to Mr. Ross for resubmission, if necessary. Dan Ross has asked for a conference with town representatives to discuss a complaint by the neighbor and his counsel. We are suggesting that Mr. Ross contact your office directly to discuss the complaint and any other questions Mr. Ross may have regarding the town and federal regulations for military museums. If you find that there is a need for a representative from the ZBA concerning an appeal process, we would be happy to help. cc: Building Department (Attn: V. Lessard) Planning Board (Attn: Ben Orlowski, Chairman) J. r'. PLANNING BOARD MEMBERS Bennett Orlowski. Jr., Chairman George Ritchie Latham. Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards SCOlT L. HARRIS Supervisor . <::"-~-.-" .^- Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 Telephone (5 I 6) 765- I 938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Fax (516) 765- I 823 December 20, 1991 Daniel C. Ross Wickham, wickham & Bressler, P.C. Main Road, P.O. Box 1424 Mattituck, NY 11952 RE: Proposed Site Plan for American Armoured Foundation, Inc. N/E/c LIRR Right of Way & Love Lane, Mattituck SCTM~ 1000-140-2-16 Zoning: RO ( Residential Office and LI (Light Industrial) Dear Mr. Ross: The Planning Board has received your letter of December 10, 1991, requesting a modification of the Board's request to completely screen the above mentioned property. The Board asks that the screening be placed around the entire property with the exception of the south side facing the railroad. A wood stockade fence or equivalent should be used for the screening. ,. If you have any questions, or require further information, , please contact this office. Very truly yours, -& ?_1/U.-.'ff i2u!n1..A-l'<.A--. ~ /,/ Bennett Orlowski, Jr. ,f Chairman cc: Victor Lessard, Principal Building Inspector Vincent Wieczorek, Ordinance Inspector Matthew Kiernan, Assistant Town Attorney Frank Ammirati, Ammirati's Cupboard " . .' \, 'sUbF![C Pb Ire: ./ vS ~ LAW OFFICES WI LLlAM WICKHAM ERIC .J. BRESSLER ABIGAIL A. WICKHAM WICKHAM, WICKHAM a BRESSLER, PC. MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND NEW YORK 11952 MORTGAGE OFF"lCE DANIEL C. ROSS LYNNE M. GORDON ..JOSEPH C. SAVINO HUBERT F. SULLIVAN KAREN oJ. HAGEN 516-298-8353 TELEFAX NO. 516.298-8565 516.2ge~5300 TELEFAX NO. 516-298-2012 December 10, 1991 Planning Board for the Town of Southold Southold Town Hall P.O. Box 1179 Southold, NY 11971 Attention: Bennett Orlowski, Jr., Chairman Re: American Armoured Foundation, Inc. ("AAF") Dear Mr. Orlowski: This will acknowledge your correspondence of August 28, 1991 and December 3, 1991 regarding the referenced matter. My apologies for the delay in responding. Enclosed is the proposed site plan you requested. We request the Board reconsider item 1 of your August 28, 1991 correspondence. Item 1 calls for the total screening of the property. It is our understanding that only one neighbor has objections to the present use of the subject property. Consequently, it is overkill to require complete screening. The Railroad borders on the South and Route 48 on the North. We are informed the neighbor to the East does not object to the view or use and, consequently, request screening not be required on the East. If you desire the neighbors position be set forth in writing, let me know. As to screening bet~'leen the museum and the. campl~.ining neighbor, Mr. and Mrs. Gasser are considering weaving the existing chain link fence with slates of some type. We will request a Notice of Disapproval from the Building Inspector and will proceed to request a variance upon receipt of the Notice of Disapproval. V~r rYV'bur i / . I;J/ . / DCR:vm gasstown76 rn r::c I I . 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'; '~",,-' .; ~'~~:t:' ~~..-';,~\...;:; . :..' ~.:\::~~:~t.i~ c ~ "'." ;,~,' 'lri;:~~~ 10; '., ~"'. ^" :..~~.ii~'~t~~;~ . .~..;.tt::.~- .-."~-~ ~ ' '..-..r:.__ . ,:.~, .: ;.1 . -'~~... -.:..'.:...-::,.... '..,.':.,...' ,., n. "". .- ,'., . '.;.; . '~. , I '~. ".' ~ ...;~ ~',. . .,'-~' .-.t .~. . . ., ~":!'i}t~ I'" ,,'. p . " '~''r~ . . . til .' .',: .J': '':'''~'''_; l1i ...,.'--, \:.':;;-r.'. .~ ;:. 'f"- '';'{",:, .:~:\;~:c : <;;' -:~).::~~,,~ :tj~tt:: 'C',,,c:. - ~~~.~i~ ~ .{ ," .'i;,::_:~,~'_~l " -€:. .." ,-. CO. .' '>;:'- . : . 'T:~\I~i~~' i -,.", , ".:::'-" ">' -' :;. :~'.:"'. ,!. ".., "'-: .~. ( - ,-" ...~~ " . . .' ,~ . ) ,1\0. Rk. LAW OFFICES WILLIAM WICKHAM ERIC ,J. BRESSLER ABIGAIL A. WICKHAM DANIEL C. ROSS LYNNE M. GORDON .JOSEPH C. SAVINO HUBERT F. SULLiVAN KAREN .J. HAGEN WICKHAM, WICKHAM a BRESSLER, P.C. MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND NEW YORK 11952 515-298-6353 TELEFAX NO. 515-298-8565 MORTGAGE OFFICE 516-298-5300 TELEFAX NO. 516-298-2012 March 13, 1992 Southo1d Town Planning Board Town Hall, 53095 Main Road Southold, New York 11971 Attention: Mr. Bennett Orlowski, Jr., Chairman Re: Planning Board Office Letter to American Foundation, Inc. dated December 20. 1991 Dear Mr. Orlowski: Enclosed herewith please find correspondence from the Department of the Army dated January 29, 1992 relative to the screening/fence issue. After your review of the letter, I suggest an opportunity to conference this with your staff and the Zoning Board of Appeals staff. Perhaps the complaining neighbor and his counsel could be included in the conference. OCR: vm cc: Zoning Board of Appeals Marie Ongioni, Esq. (with 1/29/92 correspondence) .- . . LAW OFFICES WILLIAM WICKHAM ERIC..J BRESSLER ....BIG.....L A. WICKH....M WICKHAM, WICKHAM So BRESSLER, PC MAIN ROAD, P.O. BOX 14Z<4 MATTITUCK, LONG ISLAND NEW YORK 11952 D....NIEL c. ROSS LYNNE lot, GORDON ..JOSEPH C, SAVINO HUBERT F. SULLIVAN KAREN...I. HAGEN 516-298.8353 TELE~AX NO. 516-298-8565 MORTG....GE OFF'ICE 516-298-5300 TELEFAX NO. 516-298-2012 March 13, 1992 Southold Town Zoning Board of Appeals Town Hall, 53095 Main Road Southold, New York 11971 Attention: Mr. Gerard P. Goehringer, Chairman Re: Planning Board Office Letter to American Foundation, Inc. dated December 20. 1991 Dear Mr. Goehringer: Enclosed herewith please find correspondence from the Department of the Army dated January 29, 1992 relative to the screening/fence issue. After your review of the letter, I suggest an opportunity to conference this with your staff and the Planning Board staff. Perhaps the complaining neighbor and his counsel could be included in the conference. Enclosed herewith please find two photographs of the Memorial Tower. DCR: vm cc: Planning Board Marie Ongioni, Esq. (with 1/29/92 correspondence) -,,-."'t I ....; ~-"""'" /.~..... \ _. . f . . DEPARTMENT OF THE ARMY LOGISTICAL SUPPORT ACTIVITY MAINTENANCE 2755 MAPLE AVENUE BELLMORE. NEW YOllK 11710 January' 29. 1992 Wickman, Wickman & Bressler, P.C. Main Road P.O. Box 1424 Mattituck, NY 11952 Attention: Mr. Daniel C. Ross Re: Planning Board Office Letter to American Amoured Foundation, Inc. dated December 20, 1991 Dear Mr. Ross, During the annual inspection of the tank museum this January, I was shown the Planning Board's request that a stockade fence or equivalent be placed around th~ entire museum perimeter except for the southern fence line that runs adjacent to the railroad tracks. I wish to point out that the tank museum is a federally charted military museum installation warehousing government owned property in the form of heavy weapons. As such the museum is required to meet strict DOD regulations for storage and security of this government property. Para 3A (9), DOD Reg. 4160.21-M regulations state that the museum must main- tain and protect these weapons to federal government specifica- tions. It is mandatory that the museum certify to this condi- tion each year (please see copy enclosed). It is also manda- tory that the museum not disregard any of these federal regula- .tions. It is this Army office, to which I'~ attached that controls fed- eral government weapons for the area. Thus the tank museum falls under my jurisdiction. In reviewing the Planning Board's request for additional fencing as reiterated above; I find that this request would place the tank museum in conflict with the above stated federal DOD regulations. It would not be in the best interest of the federal government if the existing fence or property were altered by the addition of screening. Security of these weapons and especially security of the general public from illegal tampering of these weapons would be greatly reduced by any form of screening. Inspections by this office and the Bureau of Alcohol, Tabacco and Firearms are made periodically of the tank museum. Unrestricted view of these weapons from outside the property thru the metal fence is required for these inspections to be made. The existing fence was approved by the DOD when the museum opened in 1981. Please note: federal firearms regulations take precedence over any state or local laws as to the security of these weapons as mandated by U.S. Code 18, Chapter 44. I trust that the town officials will understand that federal reg- ulations take precedence in this matter, and that the museum must meet them in their entirety, regardless of choice. ~.-"""'" '~' .;:-'. ... - - . ... .:.. . / - -,' / - - . . DEPARTMENT OF THE ARMY LOGISTICAL SUPPORT ACTIVITY MAINTENANCE zns MAPLE AVENUE BELLMORE, NEW YORK 11710 .. In view of the above regulations, I have instructed the tank museum to take no action that would violate the law, and there- fore not to add screening as was requested. During the January inspection, Mr. Gasser of the tank museum indicated that this instruction would place the museum in an undesirable compromised position with the town's request. Mr. Gasser asked that this order be placed in writing and forwarded to you for transmittal to the town's officials. In addition~ Mr. Gasser indicated as a gesture of good faith the museum would attempt to raise add- itional donation funds which would. be used to place slats on the northern part of the museum's parking -area where the restaur- ant's visitors might gather. The offer is contrary to security instructions, however if no other screening obstructions are added, then this will be the maximum visibility blockage that will be accepted by this Army office. I trust that this letter clarifie~ the screening situation, and hope that the town understands the Army position on this matter. Any further correspondence as may occur from the town or museum, should be forwarded directly to this office and my attention. Unless notified to the contrary however, this matter is considered closed. Thank you for your understanding. Sincerely, '/,~~~ ~/ ~~s J. Brecciano Weapons Inspector U.S. Army Logistical Support Activity, Maintenance . . DEPARTMENT OF THE ARM. October 29, 1991 Aaerican Ar.oured Foundation 2383-5th Ave. Ronkonkoma, New York 11779 Dear Sir: Our records indicate that your organization was given a combat vehicle as a donation by this Command. In accordance with regulations, Para 3a (9), 000 Reg 4160.21-M. it is required that this Command make the following inquiries on an annual basis: a. purpose? Is do~ed equipment being used for the requested and approved Yes No_ b. Is the equipment being properly maintained and protected? Yes vlNo Do you still wish to retain the donated equipment? Yes ~No_ c. The above 000 regulation also requires that vehicles be demilitarized prior to placement for final display. Request that you provide a copy of your certificate of demilitarization with your response to this letter. Please government. a.dvise this be advised that title to the donated equipment remains with the When donated equipment is no longer needed or desired, please office for proper disposition instructions. Sincerely, ?!-d/C~ KENNETH R. HILTUNEN , , SueJrlU:- /f)( ,,/ 1'8 SCOTT L. HARRIS Supervisor ,('.' r~';{ ;.1 C' r ,j "," '. , ~ ~~'\ Gerard p, Goehringer, Chairman Charles Grigonis, Jr, Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 ~f' "fi)>:~ :,;:) ,," ;;; F , ',;?"~ -- ."'!(j \""("';'/ -~ '~,!;l' -~~___ -.1 '.>.y~~ '-'~~-::,,:"::~-" ',,'J.\,.i.'" APPEALS BOARD MEMBERS Town Hall, 53095 Main Road P,O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD March 26, 1992 Daniel C. Ross, Esq. Wickham, Wickham & Bressler, P.C. Main Road, Box 1424 Mattituck, NY 11952 Re: Incomplete Application - William Gasser Dear Mr. Ross: Inasmuch as we have not received the information requested by our February 25, 1992 letter, the application must be returned since it it incomplete and not acceptable for filing. We will be happy to process an application, if re-submitted with all the documentation requested in our letter. Very truly yours, Linda Kowalski Enclosures cc: Building Department Planning Board ~ IIDJ N II! 0 NOW N f,I:~,I' WJ) MAR 0 0 /ann,i,; eJI f~ 4"-./ SOur (' " --21~~~CZfX~ , ----, ~~ ... . . $t<6AK ;e I:: ./ 1'6 SCOTT L. HARRIS Supervisor Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, J r. Robert A. Villa Telephone (516) 765-1809 ,:'1,.. "':::.. -.;, ' ;' '..:. )~);-~< _/ J0<::..\;. c~ 1 ')~t '. \ ,~':: .> -)' . ~-, ;'~~':} , ~ ...~~~) ..., ~"'~.{'/ ; Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 APPEALS BOARD MEMBERS BOARD OF APPEALS TOWN OF SOUTHOLD INTER-DEPARTMENTAL MEMORANDUM TO: Harvey A. Arnoff, Town Attorney ~ rn @ rn 0 WI ~ in i ,.,,\ "II ill!! MM 3 0 1992 ;~ FROM: Office of the Board of Appeals DATE: March 27, 1992 SOUTHOLD TOWN PlANNING BOARD SUBJECT: Incomplete Application - William Gasser Planning Board Communications Neighbor's Written Complaint to Planning Board We have received correspondence from Daniel C. Ross, attorney for William Gasser concerning Mr. Gasser's property at Love Lane, Mattituck. It appears that the American Armoured Foundation, Inc. may have a lease for a museum at Mr. Gasser's site for a federally charted military tank museum "installation" which warehouses government owned heavy weapons for museum use. Mr. Gasser's attorney forwarded to us an application for variances; however, there were several areas of the application which were found defective (see our letter to Mr. Ross dated February 25, 1992). You will also note that the Notice of Disapproval issued December 20, 1991 refers to enlargement of a nonconforming use, although there is no record of the existence of the museum prior to 1957. . Since the ZBA's application is defective, we have returned it to Mr. Ross for resubmission, if necessary. Dan Ross has asked for a conference with town representatives to discuss a complaint by the neighbor and his counsel. We are suggesting that Mr. Ross contact your office directly to discuss the complaint and any other questions Mr. Ross may have regarding the town and federal regulations for military museums. If you find that there is a need for a representative from the ZBA concerning an appeal process, we would be happy to help. cc: Building Department (Attn: V. Lessard) Planning Board (Attn: Ben Orlowski, Chairman) I) 7 . . ,} - . LAW OFFlCE:S WILLIAM WICKHAM ERIC ..J. BRESSLER ABIGAIL A. WICKHAM WICKHAM, WICKHAM 8. BRESSLER, P.C. MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND NEW YORK 11952 MORTGAGE OFFICE DANIEL C. ROSS LYNNE M. GORDON ..JOSEPH C. SAVINO HUBERT F. SULLIVAN KAREN .J. HAGEN 516-296-8353 TELEFAX NO. 516-298-8565 516-298-5300 TELEFAX NO. 515-298-2012 March 13, 1992 Southold Town Zoning Board of Appeals Town Hall, 53095 Main Road Southold, New York 11971 Attention: Mr. Gerard P. Goehringer, Chairman Re: Planning Board Office Letter to American Foundation, Inc. dated December 20. 1991 Dear Mr. Goehringer: Enclosed herewith please find correspondence from the Department of the Army dated January 29, 1992 relative to the screening/fence issue. After your review of the letter, I suggest an opportunity to conference this with your staff and the Planning Board staff. Perhaps the complaining neighbor and his counsel could be' included in the conference. Enclosed herewith please find two photographs of the Memorial Tower. DCR:vm cc: Planning Board Marie Ongioni, Esq. (with 1/29/92 correspondence) . . DEPARTMENT OF THE ARMY L.OGISTICAL. SUPPORT ACTIVITY MAINTENANCl! Z7SS MAPL.E AVENUIE BEL.L.MORE. NEW YORK 11710 January' 29, 1992 Wickman, Wickman & Bressler. P.C. Main Road P.O. Box 1424 Mattituck, NY 11952 Attention: Mr. Daniel C. Ross Re: Planning Board Office Letter to American Amoured Foundation, Inc. dated December 20, 1991 Dear Mr. Ross, During the annual inspection of the tank museum this January, I was shown the Planning Board's request that a stockade fence or equivalent be placed around th~ entire museum perimeter except for the southern fence line that runs adjacent to the railroad tracks. I wish to point out that the tank museum is a federally charted military museum installation warehousing government owned property in the form of heavy weapons. As such the museum is required to meet strict ODD regulations for storage and security of this government property. Para 3A (9), DOD Reg. 4160.21-M regulations state that the museum must main- tain and protect these weapons to federal government specifica- tions. It is mandatory that the museum certify to this condi- tion each year (please see copy enclosed). It is also manda- tory that the museum not disregard any of these federal regula- .tions. It is this Army office, to which I'm attached that controls fed- eral government weapons for the area. Thus the tank museum falls under my jurisdiction. In reviewing the Planning Bo~rd's request for additional fencing as reiterated above; I find that this request would place the tank museum in conflict with the above stated federal DOD regulations. It would not be in the best interest of the federal government if the existing fence or property were altered by the addition of screening. Security of these weapons and especially security of the general public from illegal tampering of these weapons would be greatly reduced by any form of screening. Inspections by this office and the Bureau of Alcohol., Tabacco and Firearms are made periodically of the tank museum. Unrestricted view of these weapons from outside the property thru the metal fence is required for these inspections to be made. The existing fence was approved by the DOD when the museum opened in 1981. Please note: federal firearms regulations take precedence Over any state or local laws as to the security of these weapons as mandated by U.S. Code 18, Chapter 44. I trust that the town officials will understand that federal reg- ulations take precedence in this matter, and that the museum must meet the~ in their entirety, regardless of choice. . . DEPARThlENT OF THE ARMY LOGISTICAL SUPPORT ACTIVITY MAINTENANCE 27SS MAPLE AVI!NUE BELLMORE. NEW YORK 117'0 In view of the above regulations, I have instructed the tank museum to take no action that would violate the law, and there- fore not to add screening as was requested. During the January inspection, Mr. Gasser of the tank museum indicated that this instruction would place the museum in an undesirable compromised position with the town's request. Mr. Gasser asked that this order be placed in writing and forwarded to you for transmittal to the town's officials. In addition, Mr. Gasser indicated as a gesture of good faith the museum would attempt to raise add- itional donation funds which would be used to place slats on the northern part of the museum's parking area where the restaur- ant's visitors might gather. The offer is contrary to security instructions, however if no other screening obstructions are added, then this will be the maximum visibility blockage that will be accepted by this Army office. I trust that this letter clarifie~ the screening situation, and hope that the town understands the Army position on this matter. Any further correspondence as may occur from the town or museum, should be forwarded directly to this office and my attention. Unless notified to the contrary however, this matter is considered closed. Thank you for your understanding. Sincerely, .~/O:::~~?~ ~~W;/ ~~: J. Brecciano Weapons Inspector U.S. Army Logistical Support Activity, Maintenance , . . DEPARTMENT OF THE ARMY October 29. 1991 Aaerican Ar.oured Foundation 2383-5th Ave. Ronkonkoaa. New York 11779 Dear Sir: Our records indicate that your organization was given a combat vehicle dS a donation by this Co..and. In accordance with regulations. Para 3a (9). 000 Reg 4160.21-H. it i. required that this Command make the following inquiries on an ~nnudl basis: d. Is do~ed equipment being used for the requested and approved purpose? Yes No b. Is the equipment being properly maintained and protected? Yes vlNo Do you still wish to retain the donated equipment? Yes ~No___ c. The above 000 regulation also requires that vehicles be demilitarized prior to placement for final display. Request that you provide d copy of your certificate of demilitarization with your response to this letter. Please government. advise this be advised that title to the donated equipment remOlns with the When donated equipment is no longer needed or desired, pleose office for proper disposition instructions. Sincerely, ?/J,('~?}~ KENNETH R. HILTUNEN . . LAW OF"F1CES WILLIAM WICKHAM ERIC,J, BRESSLER ABIGAIL A. WICKHAM DANIEL C. ROSS LYNNE M. GORDON ,JOSEPH C SAVINO HUBERT F. SULLIVAN KAREN J. HAGEN WICKHAM, WICKHAM a BRESSLER, P.C. MAIN ROAD, P_O BOX 1424 MATT1TUCK. LONG ISLAND NEW YORK 119!!l2 MORTGAGE OF"F'lCE 516-298-8353 TELEF"AX NO. 516-298-8565 516-298-5300 TELEFAX NO 516-298-2012 March 13, 1992 Southo1d Town Planning Board Town Hall, 53095 Main Road Southold, New York 11971 Attention: Mr. Bennett Orlowski, Jr., Chairman Re: Planning Board Office Letter to American Foundation, Inc. dated December 20. 1991 Dear Mr. Orlowski: Enclosed herewith please find correspondence from the Department of the Army dated January 29, 1992 relative to the screening/fence issue. After your review of the letter, I suggest an opportunity to conference this with your staff and the Zoning Board of Appeals staff. Perhaps the complaining neighbor and his counsel could be included in the conference. . C DCR:vm cc: Zoning Board of Appeals Marie Ongioni, Esq. (with 1/29/92 correspondence) . ,. \ \ \. ~);:-:.,~ . ~,~ er ec' ... . ..'~ :. ,? . '~;~,~?! SCOlT L. HARRIS Supervisor PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, 1r. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 December 20, 1991 Daniel C. Ross Wickham, wickham & Bressler, P.C. Main Road, P.O. Box 1424 Mattituck, NY 11952 RE: Proposed Site Plan for American Armoured Foundation, Inc. N/E/c LIRR Right of Way & Love Lane, Mattituck SCTM~ 1000-140-2-16 Zoning: RO ( Residential Office and LI (Light Industrial) Dear Mr. Ross: The Planning Board has received your letter of December 10, 1991, requesting a modification of the Board's request to completely screen the above mentioned property. The Board asks that the screening be placed around the entire property with the exception of the south side facing the railroad. A wood stockade fence or equivalent should be used for the screening. .' If you have any questions, or require further information, ' please contact this office. Very truly yours, --'7. /7 cI - /7 . (X' ,.-~.~ <1bu'::t'l-1..4/,-^- . 'PI .~ Bennett Orlowski, Jr. ,<~ Chairman cc: Victor Lessard, Principal Building Inspector Vincent Wieczorek, Ordinance Inspector Matthew Kiernan, Assistant Town Attorney Frank Ammirati, Ammirati's Cupboard .~ el' FORM NO.1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765.1802 eJJ rg r& ~ n \17 I~ 0," /@ .. ~@ .. 19. SOUTHOLD TOWN _ PLANNING BOARD Application No. . . . . . . . . . . . . . . . . . . .. 19. . Pennit No. . . . . . . . . . . . (Building InspecLor) APPLICATION FOR BUILDING PERMIT Date .1.'),./17/0...1........,19... INSTRUCTIONS a. This applicaLio'l must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3 ets of plans, accurate p10t plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets ,r areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- ation. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit hall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy hall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the luilding Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or :egulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. 'he applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to dmit authorized inspectors on premises and in building for ne:e:,sary inspect~ns'_A)I.E-RICA~tAR!1Q,URED FOUNDATION, INC. (<. . . .B.Y:.0'-4~t.~",.)t:~ #4<~ 'j .J?,'-ft'~,r:.. . . . . (Signature of apJllican~ or name, if a corporation) WI LLIAM F. bASSER, PRES IDENT ;1,3,:13. .r (.-'. . dv:'4.J.J.:: "I".I-!.r:>,..'K""" '-'j ..--:t:"...y. /' (Mailing address of applicant) //1/9 ;tate whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. ..................................... .Lessee.................................................... ';ame of owner of premises .W'lll lall) .F, .Gasser: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (as on the tax roll or latest deed) f applicant is a corporation, signature of duly authorized officer. See above ............................................. . (Name and title of corporate officer) Builder's License No. ..... N. A. . . . . . . . . . . . . . . . . Plum ber's License No. .... N: A: . . . . . . . . . . . . . . . . EI t" , L' N N A ec nClan s lcense Q. ...:.:................ , Other Trade's License No. . ~: ~: . . . . . . . . . . . . . . . . I. Location of land on which proposed work will be done. .1000/li\0I2/Hi................................... Love Lane, Mattituck House Number Street Hamlet County Tax Map No. 1000 Section .140.............. Block... 2. . . . . . . . . . . . .. Lot.. Hi. . . . . . . . . . . . . . . Subdivision. . . . N. . A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Filed Map No. .. ~: fJ.: . . . . . . .. Lot . . ~ : fJ.: . . . . . . . . . (Name) State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and OCcupancy .. Mu?~u!11. . :<. . Y-(.~':l~: J, ",.-,U':"'J. . . . . . . . . . . . " . . . . . . . . . . . . . . . . . . . . . . . . . . b. Intended use and OCCupancy . t'1U.s~u!11. . (.~~, ~.":<? J/ :_.'~ -;:.~. ). . . . . . . .r.,. . ':, ,.., , . . . . . ., . . . . . . . . . . . . . . . . . r ,,;~h apP&le)~~w Building. N.A...... Addit.. .If..... Alteration. N.A...... ,'. Removal. . . . . 0 . .. '" .. Demolition .............. Other Work. . . "!'. . . . .'. . . . . ; 0'-' '(Description) /. ro.Q.. . . . . . . . . . . . . . . . . " ....... Fee..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . / . . . (to be paid on filing this application) .;;,oer of dwelling units see. survey. . . " Number of dwelling units on each fioor. see. suryey. . . . . "oaafcars .... see. suryey.......................................................... ..~1l1I11ercial or mixed Occupancy, specify nature and extent of each type of use. . ?~~. ?~fY~Y. . . . . . . . . I" of existing structures, if any; Front see. suryey. . . . . Rear see. sUfYeY. . .. Depth. see. .sufY~Y. . . . .' . . . . . . . . . . . . Number of Stories. . see. s~rYeY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .,,;ons of same structure with alterations or additions; Front ................. Rear.................. .ill . . . . . . . . . . . . . . . . . . . . . . Height . . . . . . . . . . . . . . . . . . . . . . Num ber of Stories. . . . . . . . . . . . . . . . . . . . . . ",ensions ~f eQtire new construction; Front. . . 8. f'i? .St;... Rear.. ;;f.P." ..$./;:. . Depth . ~ . . . . . . . . . . . Ildght ..;J.::,. tJf.... . . . . . . Number of Stones . ~. . (t:t:.,,<~ or). .. . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . Size of lot; Front see.. suy:vey. . . . . . . . . . .. Rear...................... Depth ...................... Date of Purchase .. ./.'7f/...................... Name of Former Owner .c;."'.~.;.,~.r.<'. .J?,~.,.'1"""""'"", Zone or use district in which premises are situated. . I-J. p ~9. RD. . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . Does proposed construction violate any zoning law, ordinance or regulation; ................................ Will lot be regraded '" No. . . . . . . . . . . . . . . . . . . . . . . Will excess fill be removed from premises: Yes No Name of Owner of premises W.i]].i am. Gasser. . . . . . Address. . . . . . . . . . . . . . . . . . . Phone No. .. . . . . . . . . . . . . . Name of Architect '" N. A. . . . . . . . . . . . . . . . . . . . . Address . . . . . . . . . . . . . . . . . . . Phone No. . . . . . . . . . . . . . . . Name of Contractor. . N..A... . . . . . . . . . . . . . . . . . . . Address. . . . . . . . . . . . . . . . . . . Phone No. .... . . . . . . . . . . . . PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and. indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or corner lot. Po..-+".;:.:.. <' P,O '# -M I A. A-f~' ~"'....;....( -r~,...v,- ,,#f (... ~,.. N v+, \If tVo r~<.Jfll~(.s <::;rt" r<':J....."',i"., 0... - 'fll4'.:o"'/ 0;..'" .s~,t ('I' .;grv....l'..r.., ~ f'" o <. ~ , -> I' s; ..... i ~c:>O..---f' - ..~l.. I . I . I 0<:> , , :<-u ' ,1-j 1 L .. ,. '<--- 10' --) -~ I. . , H~',d.!.~ ~5 , . L.i .n: ::..____ __ __._) < r' .-.-l-4 . i I , I <-. __... ...__n.._.._"._...-L..._'-_+_ ) f.. R T ,,~. I<.s TATE OF NEW YORK, :OUNTY OF . .56f.F.tllk: . . . . . .. S.S . . . .WI.LLIAM .F... .GAS.S.E.R. . . . . . . . . . . . . . . . . . . . . . . . . . " being duly sworn, deposes and says that he is the llllPIi~ (Name of individJ,lal signing cOlltracO d F d t. I ijG~~~n~ President at Amer1can Armoure oun a lon, nco ~:t>>H...............................................o......................................... Xt,oXlXJl:ltX~l\Y;)'t'ellXX<YO'r:tlt>'ta:i'eX0i;'~:** ~X~r K)(;)Il(j(~XlSl<WX~~and is duly authorized to perform or have performed the said work and to make and file this 'plication; that all statements contained in this application are true to the best of his knowledge and belief; and that the ark will be performed in the manner set forth in the application filed therewith. worn to before me this . ...I~.~............. .dayof f)f).zc1'Sl~..... .., I~U. otary Public, '" 0 . . . C:;4fa,{<~~. County /i!..:.1t~ ~~:;'."Naw_ Le....X fi/<l:...... ~.. 0.... '/?:~'~'I.k.-'.-o.. No. 40071711 ~ WILLIAM F 0 GASSER ilC";.. (Signature of applicant) 0ueIIlI0d In SufIoIk ~ C--/ " , Commiooioft ~~al. ,~v ~ ~ - -~.,.) -"\......T ~.'. ,* " '~ ( ~ ~ '" .- ." ' l~ ... ";: ... ~ ~ ); , t. b , " f' ~ . ..~~ ~ .of9,S u! -, <. <I ..J ill >- o , - ::::o~o H"'VV"-'INS /:~ :/ j ./-~' '/ I . ,'/ '/ / , ,. // / / '/ r" i , / AMM/IZI'>TI =';-.'.IG ;"'B .. ~~ ..,.J;- 27 \~D~I c.w.... t.. p. 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" _ . cc:::-=='. --~,::...__._- '"--::-':. ,...,.......,_..-:..-, .. , . ;:- 1 ~ ~-' = !'~,1~':-:-.j-:-...X:;k; -:O-C\-"\"", OF S::;t.;-r;..;oI_C . .'.J.".. ,!/~'.'~ de.e!= 1L /g9/ "'.... _A_'!!t1"<f~fJujll i6. 1991 . < A^lltJi!.h:.1AN A~'O/lGD F!Ot/NLJATION INC. dLJaltTI,,~ foo-Nw ~.....,...Io -._- --.... ..... '..-... --.._--~ v~w~./~..rl+M.IH~~ ~'; ~ ./4n.lJO,l98I t.OboM2lOC1C ......., ... - Po - . :;,~ . ,~~ ~ ~ ., Ai: V-.-r= .':% -l.ic.....; ''--''!C., . ~ '~~~ _.'1lJ Ja.~ ~~.,":~.~.;'.~ '.... 2...8.;;0 , ::'0, . ~...,~c C,:.::..-- u....~........_..__ .....'......"'\'Io.~....., ~...~~"-".SUw CIJDiM",w...__fIIlIl_ ...."'-O......_t__.. :::::-:::':::...- e._.-.l ~........'tC!-_.....,.rWl _...In.....,..l...........,..~. ~;~f~f.3:S~ ';;'~ _....~ I. "'l....-r, \ . . , \, <'//..>..'0/ C ~\..\. CJ" I _-t...- Po lie / II> J LAW OFFICES WILLIAM WICKHAM ERIC ..J. BRESSLER AB1GAIL A, WICKHAM DANIEL C, ROSS LYNNE M. GORDON ,JOSEPH C. SAVINO HUBERT F. SULLIVAN KAREN..J. HAGEN WICKHAM, WICKHAM a BRESSLER, P,C, MAIN ROAD. P,O. BOX 1424 MATTITUCK. LONG ISLAND NEW YORK 11952 516-296-8353 TELEFAX NO. 516-298-8565 MORTGAGE OFF"IC!': 516-298-5300 TELEFAX NO. 516-298-2012 December 10, 1991 Planning Board for the Town of Southold Southold Town Hall P.O. Box 1179 Southold, NY 11971 Attention: Bennett Orlowski, Jr., Chairman Re: American Armoured Foundation, Inc. ("AAF") Dear Mr. Orlowski: This will acknowledge your correspondence of August 28, 1991 and December 3, 1991 regarding the referenced matter. My apologies for the delay in responding. Enclosed is the proposed site plan you requested. We request the Board reconsider item 1 of your August 28, 1991 correspondence. Item 1 calls for the total screening of the property. It is our understanding that only one neighbor has objections to the present use of the subject property. Consequently, it is overkill to require complete screening. The Railroad borders on the South and Route 48 on the North. We are informed the neighbor to the East does not object to the view or use and, consequently, request screening not be required on the East. If you desire the neighbors position be set forth in writing, let me know. As to screening bet't-leen the museum and the. comple.ining neighbor, Mr.. and Mrs. Gasser are considering weaving the existing chain link fence with slates of some type. We will request a Notice of Disapproval from the Building Inspector and will proceed to request a variance upon receipt of the Notice of Disapproval. ,v 4z,r, rYY1, 7:, ?'p1 ? / f2j/ ~ / , : ni:: . Ross u c../ DCR:vm gasstown76 ~ ~ @ ~ 0 W ~ ;.", .. j'!1 IB'ii: r:--t"" ! 1 '.'~~~I, UI ~iL.\.,..l , ~ ~_ SOUTHOlO TOWN PlANNING BOARD . ,I e( I PLANNING BOARD MEMBERS Bennett Orlowski. Jr.. Chairman George Ri(chie Latham. Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards SCOlT L. HARRIS Supervisor Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 CERTIFIED MAIL RETURN RECEIPT REQUESTED December 3, 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 SCTM# 1000-140-2-16 Zoning: RO ( Residential Office and LI (Light Industrial) Dear Mr. Gasser: The Planning Board has not had a response to its letter to you of August 28, 1991, (copy enclosed), informing you that if will be necessary for you to apply to the Zoning Board of Appeals for a variance. In addition, the Planning Board had requested additional site plan data which it has not received. ~ If the Board does not hear from you within two date of this letter, the matter will be turned over Ordinance Inspector and the Town Attorney. weeks of the to the Very truly yours, Y-'1</>{[t:t6k~~/ 9v./~ Bennett Orlowski, Jr. Chairman cc: Victor Lessard, Principal Building Inspector Vincent Wieczorek, Ordinance Inspector ./ "{ I~ . ( \ ..J MEMORANDUM TO FILE Site plan for American Armoured Foundation SCTM# 1000-140-2-16 On Tuesday November 19, 1991, I received a call from Mr. Ammirati of Ammiriati's Cupboard regarding the status of the American Armoured Foundation site plan. I infOrmed Mr. Ammirati that a letter would go out to the museum reminding them to apply for a variance to the Board of Appeals and to respond to the Planning Boards letter of August 28, 1991, requesting additional information . If the response is not received the matter will be turned over ~or enforcement. ~ Robert G. Kassner, Site Plan Reviewer . ., ., -r \ / MEMORANDUM TO: File on Proposed Site Plan for American Armoured Foundation, Inc. N/E/c LIRR Right of Way & Love Lane, Mattituck. SCTM 11 1000.-140-2-16 Zoning: RO (Residential Office and LI (Light Industrial) FROM: Valer ie Scopaz, Town Planner./ S DATE: August 28, 1991 In the RO district, museums are allowed by Special Exception. The building and the portion of the property to the south of it lie within the LI district, which does not permit the museum use. However, it appears that this use predates the 1989 zoning changes. Bef<:lre 1989, all of the property was zoned "C" Industrial. The museum use was not a permitted use then either. However, it appears that the use was allowed to be introduced and continued. Our records do not indicate when the use began, nor what approvals were obtained at that time. In any case, the Planning Board cannot proceed with site plan approval without the Zoning Board of Appeals' review of the ~situation. At the least, the property owner must apply for a building permit for the tower. The existance of any other violations or non-conformities must be determinined by the Building Department. cc: Victor Lessard, Principal Building Inspector Vincent R. Wieczorek, Ordinance Inspector Harvey Arnoff, Town Attorney Gerard P. Goehringer, Chairman, Zoning Board of Appeals Robert Kassner, Site Plan Reviewer . , .~ ~ ~;~~~;'~~~ '. /f:';>~j~' .2~*: ,'}-::: ~\;, ~ ?~ ~"~'. \ " ~,~ -\ . ~. '\ ""- ~ ,--!J . ';', ':~~:~\" I' :-" 1,_"\, ,.; "" "c:::,_~/ . ( .J PLANNING BOARD MEMBERS Bennett Orlowski, Jr.. Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards SCOTI L. HARRIS Supervisor Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 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. SCTM# 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 the 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 line 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 V 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 Aour application. In order to apply to the Board of Appeals, you will need to apply to the Building Department for a building permit for the tower. '- \ ----_.._--"._._------_.__..._---_.~~- If further questions should arise, please contact this office. Very truly yours, a~ d~..---v~> 9v.-1 t<':- Bennett Orlowski, Jr. Chairman > cc: Victor Lessard, Principal Building Inspector Vincent R. Wieczorek, Ordinance Inspector Harvey Arnoff, Town Attorney Gerard P. Goehringer, Chairman, Zoning Board of Appeals . . - 4tc PLANNING BOARD MEMBERS Bennett Orlowski, Jr.. Chairman George Ritchie Latham. Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards SCOTI L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Fax (516) 765-1823 CERTIFIED MAIL RETURN RECEIPT REQUESTED March 25, 1991 Eric J. Bressler Wickham, Wickham & Bressler, P.C. Main Road, P.O. Box 1424 Mattituck, NY 11952 RE: Site Plan American Armoured Foundation Inc. Museum, Mattituck, 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 re9Uirements 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 ~eptember 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, the fee, and the application within thirty days of the date of this letter, the matter will be turned over to the Ordinance Inspector for further action. ---" -...._._4.~... ...... . -.....,.-...'-. . -.-.-- -.. . -'-- -;..----. ~~....~ 4,.;.:,...._....~...~: ---- -. () ~ Page 2 American Armoured Foundation Inc. If you have any questions or require further assistance, please contact this office. Very truly yours, &/ff:-nLif~~, 'lk/iI:S Bennett Orlowski, Jr. Chairman Encl. cc: Victor Lessard, Principal Building Inspector Vincent T. Wieczorek, Ordinance Inspector Harvey Arnoff, Town Attorney William Gasser, Applicant . . . .,. ,.-.,..._,,........'~..,..~~ ec e( \ VICTOR LESSARD EXECUTIVE ADMINISTRATOR (516) 765.1802 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 OFFICE OF BUILDING INSPECTOR TOWN OF SOUTHOLD September 20, 1988 Mr. William F. Gasser 2383 Fifth Ave. Ronkonkoma, N.Y. 11779 RE: Suffolk County Tax #1000-140-2-16 640 LOVE LANE, MATTITUCK, N.Y. Dear Mr. Gasser: The Building Department has received complaints regarding thee mUseum you are operating at the above location. The complaints are: J) No Building Permit for the lookout tower. 2) Parking on adjoining lots and drivew~s. 3) People trespassing on adjoining lots looking thru the fence. In addition there iance to use a portion iness purposes. is no evidence of site plan approved or a var- of the property zoned "A Residential" for bus- ~ Please contact this office to avoid any legal action. Thank you for your cooperation in resolving this matter. .. VRW:hdv Very truly yours, U~'IL.LV~ Vincent R. Wieczorek Ordinance Inspector . .._....".. "::.."'::~ ...r..,,;...._.. ;:t, ~~......_. .-."'" . .-\......,.. "___"r.~v_~....:!",":':"'.~.!.~_,.'-!..,"", '.';;:.-.1 ..... "'"H"h........ ..~.;.Io.....~~{.)>'~'~;.~',.~~:t7.. /i,.~;/,;j~::.:.~,:'L'-' ~.--.,.....A ~."Yv~~,~'.~.; -. "" . .. '.'UI:,;;-~'CL ,.-l/} rC) fl," CU-'/L:FClc Ie ItJt/Lf /rrJ LAW OFFICES WILLIAM WICKHAM ERIC .J. BRESSLER ABIGAIL A. WICKHAM WICKHAM. WICKHAM a BRESSLER. P.C. MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND NEW YORK 11952 DANIEL C. ROSS KAREN U. HAGEN HUBERT F. SULLIVAN ,JOSEPH C. SAVINO 516-298-8353 TELEFAX NO. 516-296-8565 MORTGAGE OFFICE 516-298-5300 TELEF'AX NO. 516-298-2012 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 premises. Accordingly, in light of the foregoing we ask you to reconsider your requirement of a site plan. Very truly yours, f~ J. &.,~~ Eric J. Bressler ~ EJB:vm \ ). '.:.:...~ '..~... 1 '_oJ .~ :\ ~..l1 ' tt~ .... , ."\ Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: FROM: DATE: RE: Vincent T. Wieczorek Southold Town Planning Board ~J~. February 17, 1989 American Armoured Foundation Inc. Museum SCTM~ 1000-140-2-16 It is the Planning Board's determination that a site plan is necessary for the above mentioned site. Please inform the applicant that a site plan application can be obtained from the Planning Board's office. .. cc: John P. A. Marcin " ~9~~ ~ d...L%- //~~~ ~ ~;rod //~~tl./.f'tl~ .) R (oJ R 11 '1'7 ,~;-.:, O L!; l!J l5 U VJ ! J ! 'i ' Ill) -'''~'', 1\ ':1 'J'i "I)" '::^ '. l lJ . .. '".. tit SOUTHOLD 1C'.!iJ r,u\~.,~g~:liL-_,-._ JOSEPH P. ABBENDA 516489-3010 OF COUNSEL January 20, 1989 Mr. Bennet Orlowski, Jr. Chairman Planning Board Office Town Hall 53095 Main Road Southold, NY 11971 Re: American Armoured Foundation, Inc. Museum Love Lane, Mattituck, NY SCTM #1000-140-2-16 Dear Mr. Orlowski: Thank you for your letter dated December 20, 1988 with respect to the captioned matter. Our initial question is to determine whether a metal framed tower, which is located on the premises requires a site plan. In our original submission, we showed a copy of the site plan with a tower, which was 7'4" square at its base, and 20' high, and which is set back 4' from the property line, which is enclosed with a chain link fence. During World War II, the tower was located in Mattituck, over- looking Long Island Sound, and was utilized as a look-out tower in conjunction with air raid defenses, and defense of Long Island. The tower was relocated to the site and now stands as 'a POW/MIA memorial. The tower is not utilized for anything but an exhibit. We enclose a copy of the map of the property, showing the location of the tower outlined in red. Our basic question was to determine whether the tower required a site plan and building permit in order to maintain same in its present location. Thank you for your courtesy. cc: Mr. William Gasser Mr.Vincent R. Wieczorek BUIilding Dept. slncY:'re~ ' ''>uf''vvv;-:C;' - YJ~v6~' ~ohn P.A. Marcin v r . . VICTOR LESSARD PRINCIPAL BUILDING INSPECTOR (516) 765.1802 FAX(516) 765.1823 '. Town Hall, 53095 Main Road P.O. Box 1179 Soulhold,NewYork 11971 , ~.n '___r._~~,.~..~~~ i Ii ! I U; OFFICE OF BUILDING INSPECTOR TOWN OF SOUTHOLD i\j"1 1'- : I; : ~ ........" ~ , .- January 9, 1989 l 1.--....~~,__:.'"'=':_..~~.__ ._~~~. :~:I~d'i2;~~-:.~;2~_,"~_~~ Bennett Orlowski, Jr., Chairman Southo1d Town Planning Board Re: American Armoured Foundation Inc. Museum SCTM #1000-140-2-16 640 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 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. ....~ .... ( ( , 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 museum 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 trust with this additional information that was omitted by Mr. Marcin you will reevaluate your opinion if site plan is needed. 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, _ (J tJV~ ~'L(.Q)~~. Vincent R. wieczorek Ordinance Inspector ,. . . ~ ze Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765.1938 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: \ ) /t ..... 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 y:ur~~ /7 tlV _...1 /' ,/.-<./ 7 C/f" // ~t''Y'';Y- V .A/')~t:t.-' / . BENNETT ORLOWSKi:. Jr . /?"- . CHAIRMAN ~ ., cc: vincent R. Wieczorek, Building Department VS/jt . . rrD)lli~~U fik.9 SJi' ~~ \\~li\ ..,;~ srft/~~ a/~<<> ;UU\ dO -.- //5 srftkut~ srft.'eNNe I I ~4aa( A~<p '?J/cd //.5"5(7 \ ] ~ G'" , , -ll -,,; SOUTHOLD T(:'! PLANNING 8,,,,0 _''-- JOSEPH P. ABBENDA RICHARD SIMON WILUAM A. STEIN CHARLES M. WETTERER 516489-3010 October 24, 1988 OF COUNSEL Mr. Bennett Orlowski, Jr., Chairman Planning Board Town of Southold Town Hall,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 "POVl/MIAMemorial Tower", having a base of 4 ft. 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 Military used a portion of the frontage along Long Island Sound, North 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 parking area northerly of their bank building on Love Lane and adjacent to the LIRR track. We would appreciate your reviewing the foregoing and advising 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. Sincerely, ~~~ cc: Mr. William Gasser Vincent R. Wieczorek, Ordinance Inspector Planning Board Town of Southold . . . .At \.' !. , : ._~.~) :;~ fr'! uUl ~~iEOW[~ . '''3 I ., ., /'-1 SOUTHOLO TOWN J I PLANNING BOARD I " FOAM NO.4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. Certificate Of Occupancy No. ... ~.1.0.Q39....... Date.... .!\"g).l.s.~ .<29....... ~........., 19~1. THIS CERTIFIES that the building .........................-.................... .. . 640 Love Lane, 5300 County Rd. 48 Mattituck, N.Y. LocatIOn of Property ............................................................... House No. Street Hamlet . 140 2 16 County Tax Map No. 1000 SectIOn ........... .Block .............. .Lot . . . . . . . . . . . . . . . . . Subdivision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Filed Map No. ....... .Lot No. ............. Requirements for a Commercial Building Built Prior conforms substantially to the .AiJl'li"".<i<lJl-f,,<. -B..il<J.ill!!- .p"Rl+i~ 4,....,WeF<7-j:jl.?.. -if! -{Hi!; -<>fj:j ee-,bt ed- __ ..... /\P.r.U. ;?3......., 195.7. pursuant to wf.i~nMj,~N6-nilfl<g.~:~~.a.~::Z.l.~~~?..... August 20 81 dated ............................ 19 . . . , was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which tltis certificate is issued is . . . . . . . . . Storage Building C - Zone ...... ...... ... ........ ........ -....... -........................................ " of the aforesaid building. The certificate is issued to .... .G.... \-". .F:~(l[lY. .+(l~...................................... (owner;'i.lXSC<<.(ff)tQl1Af71X x Suffolk County Department of Health Approval. . . . . .N/~. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . UNDERWRITERS CERTIFICA TE NO. . . .11 fR. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .C.~..~.'~~... Building Inspector Rev. 1/81 . . VICTOR LESSARD EXECUTIVE ADMINISTRATOR (516) 765-1802 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 OFFICE OF BUILDING INSPECTOR TOWN OF SOUTHOLD September 20, 1988 Mr. William F. Gasser 2383 Fifth AVe. Ronkonkoma, N.Y. I 1779 RE: Suffolk County Tax #1000-140-2-16 640 LOVE LANE, MATTITUCK, N.Y. Dear Mr. Gasser: The Building Department has received complaints regarding the: museum you are operating at the above location. The complaints are: I) No Building Permit for the lookout tower. 2) Parking on adjoining lots and driveways. 3) People trespassing on adjoining lots looking thru the fence. In addition there iance to use a portion iness purposes. is no evidence of site plan approved or a var- of the property zoned "A Residential" for bus- ~ Please contact this office to avoid any legal action. Thank you for your cooperation in resolving this matter. . Very truly yours, U~ vL.LV~ VRW: hdv Vincent R. Wieczorek Ordinance Inspector ----' -....-,- R--80 <.f' ' " I '!i , , ! ,- ~ , r- , i J ~ ~~., I , f ~' ; I. 1- :1 !,L_ " I' JI II I I -i i / , A-C TTJ '~'.'~-' " , -' I ~- , ' --~ I -:::---<....- , . I ! ,.' C",^H " I I I b ~ 1~. L {J.~c..,e /J;d/O'fAJ /f,ep",cue-=o ~...L .2-MI~ AT p~,.,.. . AI. _ -- -. , ~. ----...--.- ,fr .' / , . / ~+~ -f',j- ~ 1/ ,~ "'~: /' . l " '.' .' " /7"0-.;2-/6 c:;J.,.45St-~ j1 ,l/c;elc/l--J /f/?IIt-U,&-7) ~af'J4 /f T /eW' J-1Ic " . . ,""" ." ~:.. ,":'-':7::~.,::' '"0"" "." :~~:. <;~. :".". //~ -r'M i f I _, / ~E "._ .< . . ..............,....:,i,'"..~"j." il!JIi.,\~.'tl"';' I....... _..j} ""..:,'""" .-- ....;....-!lkiit. " ~,~~ _a..._. R @ COUNTY eol Property T OF SUFFOlK ~~"c:.~:.';c. A..ncy ....._~SOUTHOLO .,t4....,.... ""-!..iU~ ':n-.'_Oqp Il"CTIDIOOO. ~ .' -~._~_. f' LAW OFFICES . .sa6A t..C Prb (-IA I ((I<. ' , WICKHAM, WICKHAM S. BRESSLER, PC. MAIN ROAD. P.O. BOX 1424 MATT1TUCK, LONG ISLAND NEW YORK 119~2 DANIEL CROSS LYNNE M. GORDON ..JOSEPH C. SAVINO HUBERT F SULLIVAN KAREN,J. HAGEN 516-298-8353 TELEFAX NO. 516-298-6565 MORTGAGE OFFICE 516-298-5300 TELEF"AX NO. 516-298-2012 WlLLI....M WICKH....M ERIC .J. BRESSLER ABIGAIL A. WICKHAM December 17, 1991 Southo1d Town Building P.O. Box 1179 Southold, N.Y. 11971 Department Re: American Armoured Foundation, Inc. William F. Gasser I if 0 -2- - I b Dear Sirs: Enclosed herewith please find an application for building permit and the application fee in the amount of $25.00. Very truly yours, ~t C. Ross DCR:vm Encl. cc: Southold Town Planning Board , 111 ~. ".1' . '~~..,.i .,a. OLD 10WN liNING BO~RO . FORM NO.1 . :::lWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765-1802 r~ @ ~ U w &~rnt L IJEl: I B 1991~, ll.'l!HOLD TOWN J ,......NING BOARD Application No. . . . . . . . . . . . . . . . . . Examined. . . . . . . . . . . . . . . ., 19. . . Approved. . . . . . . .. . . . .. . .,19. . . Permit No. . . . .. . . . . . . Disapproved alc ..................................... (Building Inspector) APPLICATION FOR BUILDING PERMIT Date .I.~/'7,A-.I.. . . .. . .,19. . . INSTRUCTIONS a. This applicatioll must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3 sets of plans, accurate p10t plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- cation. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for ne~e~sary inspections~~-RICA/l'LAR.l1P,URED FOUNI1ATION, INC 'f.... .B.Y':'~~E~ ~ '.I.1?~.,r:...... (Signature of applicant.. or name, if a corporation) .~ILLIAM F. bASSER, PRESIDENT ~lS:'? .St. .4"":,,,..) .(K.<;OI".J.:(".!K~""'''''j ~~.y./' (Mailing address of applicant) {/1/9 State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. .,................................... .L~55~~.................................................... Name of owner of premises .Will tam.F.. .Ga55~r: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .. . . .. . . . . . . . . (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. See above ........................................... . (Name and title of corporate officer) Builder's License No. ..... N. II. . . . . . . . . . . . . . . . . PI b' L' N N. A. urn er S lcense o. ........................ EI t.. 'L' N N A. ec nClan S lcense o. ...:.................. Other Trade's License No. . ~: A: . . . . . . . . . . . . . . . . 1. Location ofland on which proposed work will be done. .1000/14012/16................................... Love Lane, Mattituck House Number Street Hamlet County Tax Map No. 1000 Section. 140. .. . . . . . . . . . .. Block... 2. . . . . . . . . . . . .. Lot.. ~9. . . . . . . . . . . . . . . Subdivision. .. N. .A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Filed Map No. .. ~ ,,1\, . . . . . . .. Lot.. ~ ,,1\, . . . . . . . . . (Name) 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy .. M~?~~!TI. . :<... ':-'(.~~~~ .~.I ?'f~-:'~'-). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b. Intended use and occupancy . MJ.I.s.eJ.l!TI. . (.~~~.~.~ ?,'H.'(.). . .. . . . :'~'.. ':. ':... . . . .. . . . .. . . . . .. . . . . . . . 3. Natu~eofwOrk(CheckwhichapPlicable~w Building .tl.A:...... Addition.. ...... Alteratio~ . N.A...... RepaIr ..... .'. . . . . . . . Removal. . . . . . . . . . . . .. DemolItIon .............. Other Work. . . . . . . . . . . . . . . 4. Est~a;ed Cost. . f. Lf9.Q.~~. . . . . . . . . . . . . . . . . . . . . . . . . Fee. . . . . . . . . . . . . . . . . . . . . . . . . .(~~~~~~i~~~ . . (to be paid on f1ling this application) 5. If dwelling, number of dwelling units see. survey. . . .. Number of dwelling units on each floor. see. survey. . . . . If garage, number of cars .... see. suryey. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use .. ~~~. ~~rY~Y......... 7. Dimensions of existing structures, if any: Front see. SUryey..... Rear See. SufYeY.... Depth. See. S~fY~Y.... Height ............... Number of Stories. . See. S~fYeY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dimensions of same structure with alterations or additions: Front ................. Rear . . . . . . . . . . . . . . . . . . Depth. . . . . . . . . . . . . . . . . . . . . . Height. . . . . . . . . . . . . . . . . . . . . . Number of Stories. . . . . . . . . . . . . . . . . . . . . . 8. Dimensions of e1l.tire new construction: Front. . .8. #fro .s.~ '.. Rear. .3.P." .S!):. . Depth . ~ . . . . . . . . . . . Height ..;).6.1)'t........ Number of Stories .~. .{;t:Q""(.:)..................................... 0... 9. Size of lot: Front see, sur;vey. . . . .. . . . ... Rear...................... Depth ............. o. o. .. o. . 10. Date of Purchase .. ./.1~!...................... Name of Former Owner .0.~.,....,y.e; P.~""T""'" 0...... 11. Zone or use district in which premises are situated. . ~J. ilnp. RD. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . 12. Does proposed construction violate any zoning law, ordinance or regulation: ................... 0 . . . . . . . . . . . . 13. Will lot be regraded ... No. . . . . . . . . . . . . . . . . . . . . . . Will excess fill be removed from premises: Yes No 14. Name of Owner of premises Wj]] j am. Gasser. . . . . . Address. . . . . . . . . . . . . . . . . . . Phone No. . . . . . . . . . . . . . . . Name of Architect. . . N.A.. . . . . . . . . . . . . . . . . . . . Address. . . . . . . . . . . . . . . . . . . Phone No. .. . . . . . . . . . . . . . Name of Contractor. . N. A... . . . . . . . . . . . . . . . . . . . Address. . . . . . . . . . . . . . . . . . . Phone No. .. . . . . . . . . . . . . . . PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and, indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or corner lot. ...t fo.r+,,!.(<.- "1',0 IN -MI A. /11.. ..."..., -rQ w<..." (.k'. ~; f N vt, No F;:).Jt\t'\c,-' , f:#~ r<?"",.,."J.","'Qt" - '(-il",,,l e." .si'L 1,;1' ro..v:...J....r..., " '" o <. ,. . .j I;' .,.,1 4--~_ ~ , '; ! ,". ! T "" r He"eM' ...5 ... , I [~' ~/o'~ - L5~ - ...__.~.__. n,. _....__ (~_~_~_~__ ______~ <' .-. ,,~,_,,_,_.o<..,;.. Of' "'ur! '-; ",m'lit ' ,I, ! i ,i . l ~ . I : . ! ' " ...._-_.--_..__...~_._-- ....,...--.- lU\ T...., l<' s STATE OF NEW YORK, COUNTY OF . .5Sf.F.tlCK: . . . . . .. S.S . . . . .WILLIAM .F... .GAS.S.ER . . . . . . . . . . . . . . . . . . . . . . . . . .. being duly sworn, deposes and says that he is the 1l",,1i~ (Name of individual si~ing cOQtra8t) d' I a69~ft~~ President ot Am~rlcan Arm ured Foun atlon, nc. m)(ilOt~l! . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . )(~)')Xl'lICXll~~~~WIOOl*~~~r li!()l;lUIj(~Xl\l<Wxa~and is duly authorized to perform or have performed the said work and to make and fIle this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this .... .1~.i:0............. .dayof fJP~..... ..,IRf. Notary Public, .......>.c~.... ....:e... County _' $' . 2~~ f ____01__ ..?(~if~.. .....~...'/.fi:e:..... ~1n~COoIIIf Q -' WILLIAM F. GASSER, f<-Es. (Signature of applicant) t I 1,.e.,noAuptI1.'~v ~. .-' ...,no . ~ ~l. - - 20AO i c ~~ "r)~ 27 \ ~/ItV9' c.w...., ~p. B. !'\J 5="OZ"20"'E. 60.0 .<f9.S 1 ~ , .. ) ~ ::i , 'l < ., ., N ',~ ~ r- " ~ .~ " " tD 10 ".j " r- .) It 1;)-.. 0 1\1 1\J't N ,,-, i"-~ , " '" "'- I ~ \I 1- >l' l() ~~-- Ill' ~ ,I Q ;~ 1 C) S' ---r: 0 , f' t in , Q iii m ~ i 0 . 't L ~ \[) " <n " iii h't:\Wl<;;.lNS / i ; u! ~, q -J / , /:...,/ AMMI12.~-r: UJ ::: ,---"' .'~/ i:' '--'f_~ , Ci Po".t...:I"J "'<:);/': ,'r' g~"? ;,6..4 ~. -, ,~_I..IJS~:::)0 oc;'!:3 \J! _ =- =rir;.;e .o::.;~Cc~I' ~'.I :::-- .) a ~~ \a .> "',,;11"11". _ 'i.., ::.. t'. {2!i-1?- o i- ---~~; ,\,0 f ~-=-- ;.. ~ r~'!-:..t:. __ ~ z-'l8;.:-Q ~:~'O~O"''':-_~ . < 7 ~ c.oC '" ' ~. .;..<----- :,",,',;"'0_ ~_?o-...-- '''j # ., ,10.- ... " ,. , -:.c ,~'-,(. SLi!:G."'EYEL FC'C. ~~:~~:~&f~'~~~~~~::. C<>O'".of'I1..........""'.nolbo ~~~:~;~~i~~~ii:~~..~~~~.;~":.;'~~r::: ~,~:'~n:~:.,,;~~;.,~ :~',""" '~.<" 'U~ ;~,~':::~:::.\;c:;:,~~~:: """\ "-":-c. ,,,.,," '"""." '''0. ~"'''.,., "'1''', :,.:;;4:-: .. r :./I'-'.~- ::;,;= r;C,:.r-=-[::;._-:--r ,. f.Ar~ :--. -- .J=;"~ -8.'\-""- OF S::y.J'-rHOf _[,.. , ;"..;" ....~ '''" ~ ~ :<>..-' ..2 "'! ( .. ~~ ~ "'IS'" A,ncl'7dt!!:d dSL'-t: 9 _1991 _~n1e:rl<k':rJ';I" "6:-i~91 , ~ME~JaAU A.ft:.ft102150 POClNO,QT'ON INC. alKn-r-w~ k:>~~.,..,.~-io -_.~---~-- IJ1.Y-I}"'-"~ Ti--H6: I~~,~ ~.i 5urv~ .x.... 80. 1981 ~1Ck'.:."""'"'I1.N!...P.C. /~: v_...,-: 'Li.:eIf.....,~ s.~!"t!:~~:" 'f5Ci!:I{t!: ~ ~O'-:' ~$.32./09 &fir. s .. Pl;~ , '. .5Jjfo1l< ~raK""""'~"''' lIOiet.IOOO, -*-fofO, 811:..2, PcJ. ao. ~cM"-":'~"~"':t...-",_,,,,,;~.......~.-. "'_'''~''':'''' ....e.'.!"; ,,:,~,_____~ ._"'.~,.= .............__"..:'...--_~L...... _v"'"....;....:,~~~" . . PLANNING BOARD MEMBERS Bennett Orlowski. Jr.. Chairman George Ritchie Latham. Jr. Richard G. Ward Mark S. McDonald Kenneth l. Edwards -.~ " J;' .'!<:' SCOTT L. HARRIS Supervisor Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 December 20, 1991 Daniel C. Ross Wickham, wickham & Bressler, P.C. Main Road, P.O. Box 1424 Mattituck, NY 11952 RE: Proposed Site Plan for American Armoured Foundation, Inc. N/E/c LIRR Right of Way & Love Lane, Mattituck SCTM~ 1000-140-2-16 Zoning: RO ( Residential Office and LI (Light Industrial) Dear Mr. Ross: The Planning Board has received your letter of December 10, 1991, requesting a modification of the Board's request to completely screen the above mentioned property. The Board asks that the screening be placed around the entire property with the exception of the south side facing the railroad. A wood stockade fence or equivalent should be used for the screening. If you have any questions, or require further information, please contact this office. Very truly yours, 7Jc?_'vu>tf 1J~v<--. ~/l<S Bennett Orlowski, Jr. Chairman cc: Victor Lessard, Principal Building Inspector Vincent Wieczorek, Ordinance Inspector Matthew Kiernan, Assistant Town Attorney Frank Ammirati, Ammirati's Cupboard . t SUtJAu flb 1ft; ./ 0; LAW OFFICES WILLIAM WICKHA.M ERIC U. BRESSLEI~ ABIGAIL A. WICKHAM WICKHAM, WICKHAM a BRESSLER, P.C. MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND NEW YORK 11952 MORTGAGE OFFICE DANIEL C. ROSS LYNNE M. GORDON ..JOSEPH C. SAVINO HUBERT F. SULLIVAN KAREN ..J. HAGEN 516-298-8353 TELEFAX NO. 516-298-8565 516-298.5300 TELEFAX NO. 516-298-2012 December 10, 1991 Planning Board for the Town of Southo1d Southold Town Hall P.O. Box 1179 Southold, NY 11971 Attention: Bennett Orlowski, Jr., Chairman Re: American Armoured Foundation, Inc. ("AAF") Dear Mr. Orlowski: This will acknowledge your correspondence of August 28, 1991 and December 3, 1991 regarding the referenced matter. My apologies for the delay in responding. Enclosed is the proposed site plan you requested. We request the Board reconsider item 1 of your August 28, 1991 correspondence. Item 1 calls for the total screening of the property. It is our understanding that only one neighbor has objections to the present use of the subject property. Consequently, it is overkill to require complete screening. The Railroad borders on the South and Route 48 on the North. We are informed the neighbor to the East does not object to the view or use and, consequently, request screening not be required on the East. If you desire the neighbor~ position be set forth in writing, let me know. As to screening between the museum and the complc.ining neighbor, Mr. and Mrs. Gasser are considering weaving the existing chain link fence with slates of some type. We will request a Notice of Disapproval from the Building Inspector and will proceed to request a variance upon receipt of the Notice of Disapproval. DCR:vm gasstown76 ~ rn@rnow~r~; DEe II /991 W SOUTHOLD TOWN PlANNING RD . _,}'}7ZVJ~:~ ;fP" '1.\lfFOL,r "'~ .l~~. t'~ Y" i1~ ~~. ~ ~ . \I~ '" A. '. ".~ . ~"IO'..{ ,;;c.. .... ~ '"1J- '" IV "<-':':<~</;Y.YJJ/j,'--' - PLANNING BOARD MEMBERS Bennett Orlowski, Jr.. Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards SCOTI L. HARRIS Supervisor Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 CERTIFIED MAIL RETURN RECEIPT REQUESTED December 3, 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 SCTM# 1000-140-2-16 Zoning: RO ( Residential Office and LI (Light Industrial) Dear Mr. Gasser: The Planning Board has not had a response to its letter to you of August 28, 1991, (copy enclosed), informing you that if will be necessary for you to apply to the Zoning Board of Appeals for a variance. In addition, the Planning Board had requested additional sitoe plan data which it has not received. If the Board does not hear from you within two weeks of the date of this letter, the matter will be turned over to the Ordinance Inspector and the Town Attorney. Very truly yours, ~-q'~va-4U/ 0-/4 Bennett Orlowski, Jr. Chairman cc: Victor Lessard, Principal Building Inspector Vincent Wieczorek, Ordinance Inspector ~ ~' . Matthew Kiernan, Assistant Town Attorney Eric J. Bressler, Wickham, Wickham, & Bressler, P.C. Frank Ammirati, Ammirati's Cupboard .....-- , ~ . MEMORANDUM TO FILE Site plan for American Armoured Foundation SCTM~ 1000-140-2-16 On Tuesday November 19, 1991, I received a call from Mr. Ammirati of Ammiriati's Cupboard regarding the status of the American Armoured Foundation site plan. I informed Mr. Ammirati that a letter would go out to the museum reminding them to apply for a variance to the Board of Appeals and to respond to the Planning Boards letter of August 28, 1991, requesting additional information . If the response is not received the matter will be turned over~ enforcement. Robert G. Kassner, Site Plan Reviewer ~.- .. . MEMORANDUM TO: File on Proposed Site Plan for American Armoured Foundation, Inc. N/E/c LIRR Right of Way & Love Lane, Mattituck. SCTM ~ 1000-140-2-16 Zoning: RO (Residential Office and LI (Light Industrial) FROM: Valerie Scopaz, Town Planner1s DATE: August 28, 1991 In the RO district, museums are allowed by Special Exception. The building and the portion of the property to the south of it lie within the LI district, which does not permit the museum use. However, it appears that this use predates the 1989 zoning changes. Before 1989, all of the property was zoned "C" Industrial. The museum use was not a permitted use then either. However, it appears that the use was allowed to be introduced and continued. Our records do not indicate when the use began, nor what approvals were obtained at that time. In any case, the planning Board cannot proceed with site plan approval without the Zoning Board of Appeals' review of the situation. At the least, the property owner must apply for a building permit for the tower. The existance of any other violations or non-conformities must be determinined by the Building Department. cc:: Victor Lessard, Principal Building Inspector Vincent R. Wieczorek, Ordinance Inspector Harvey Arnoff, Town Attorney Gerard P. 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"---1 :nT-1 i: ~~H ~-'J", ~ ~~('- ""f ~ ~ ~,..n"'" , ;:''''''' '". :i 'tl..I~=:~~~.~;~'~~~~=~ , i.H ::_~_~_i.~ :;2~-.:_~;;_~:~;~!;~~__.:-~~ --~~-" - ; : - --: ~ ." ~ C 0 " ~ 0 , ~ , , i ! . ~ o . o ':;< e.~ : ::; ~ ~, ~ V) J; ~,=. ~ "- o ti...... >-1- ~~. I- )0.0. Z - \,J..<: ::>. . o g ~ U,t @g ~ :li ;;~~! " ~ I! I Hld H!!i i i z"!@Ilij: , I ~ ~ Bui : i l!! II i i i ~' I . , , 1lHB l ~-- , r 1- ... II! Ii I" ill Ill! : ~ ! Ii! ~ 11[1J ...:>." \i1 n :1 " Ii l! ~ A ;.l II --~ - . PLANNING BOARD MEMBERS Bennett Orlowski. Jr., Chainnan George Ritchie Latham. Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards SCOTT L. HARRIS SUpervisor Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 SOUlhold. New York 11971 Fax (516) 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. SCTM '# 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 the 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 line 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 permit for the tower. If further questions should arise, please contact this office. Very truly yours, a~ &./~.d~_(.:> 7v:1 v:: Bennett Orlowski, Jr. Chairman cc: Victor Lessard, Principal Building Inspector Vincent R. Wieczorek, Ordinance Inspector Harvey Arnoff, Town Attorney Gerard P. Goehringer, Chairman, Zoning Board of Appeals . . .~ PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham. Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards SCOTI L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Fax (516) 765-1823 CERTIFIED MAIL RETURN RECEIPT REQUESTED March 25, 1991 Eric J. Bressler Wickham, Wickham & Bressler, P.C. Main Road, P.O. Box 1424 Mattituck, NY 11952 RE: Site Plan American Armoured Foundation Inc. Museum, Mattituck, 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, the fee, and the application within thirty days of the date of this letter, the matter will be turned over to the Ordinance Inspector for further action. _.;..,.. ~.,_~,~,,',""'-'."';";~~"~i -, -_';.,;,~...,.;....;:..r.;;.;/",,", ~ ;"\ ~:'_:_~~:::~~-= . . Page 2 American Armoured Foundation Inc. If you have any questions or require further assistance, please contact this office. Very truly yours, ~~ne-tT~, ~'/iIs Bennett Orlowski, Jr. . Chairman Encl. cc: Victor Lessard, Principal Building Inspector Vincent T. Wieczorek, Ordinance Inspector Harvey Arnoff, Town Attorney William Gasser, Applicant . .~",>"'i';;Ht.,.~...,..,.~ ~A. C.,,~ ...;,i':',~\~. ........,,-. ",.-~""",,... ..;.....:::""''^-~,~..' :"r:,_>.i;L'lII~.;:..; ',.';;'. U~\~~""'~"'~"'li"'J"~;"~ ~~'il.,J-~'~,.~ . . \ VICTOR LESSARD EXECUTIVE ADMINISTRATOR (516) 165.1802 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 1 1971 OFFICE OF BUILDING INSPECTOR TOWN OF SOUTHOLD September 20, 1988 Mr. William F. Gasser 238.3 Fifth Ave. Ronkonkoma, N.Y. 11779 RE: Suffolk County Tax #1000-140-2-16 640 LOVE LANE, MATTITUCK, N.Y. Dear Mr. Gasser: The Building Department has received complaints regarding the: museum you are operating at the above location. The complaints are: I) No Building Permit for the lookout tower. 2) Parking on adjoining lots and drivew~s. 3) People trespassing on adjoining lots looking thru the fence. In addition there iance to use a portion iness purposes. is no evidence of site plan approved or a var- of the property zoned "A Residential" for bus- - Please contact this office to avoid any legal action. Thank you for your cooperation in resolving this matter. VRW:hdv Very truly yours, U~-IL.L1J~ Vincent R. Wieczorek Ordinance Inspector ~!~~ti,::;;",,>..M, ,,,,,i,7:~,>::'.~~.,'., ~-...' . ';~~,.,~j':"''''\'"';i.".~;~~,~,.;~~"..;,,",,,, , .... ^.. , ';:"';:':':~~(~i~;-<-~'~~'-""'f~::;'';';'' ,,~"'i-' ;,,'v',-:;:.; '~):':~C1;.~~ ~';~&ik~i"~~~~.$-~c:'1.Wt,1J~~~~L~:L'"", ; iLj]~:,~.: '~l-f~,,~<~'.:'ij~ LAW OFFICES ,-)7.a3Fic~ f~3 tv' r;-u'7jJ~K. /(/L/Jt.!ArJ . . WILLIAM WICKHAM ERIC ..J. BRESSLER ABIGAIL A. WICKH."M DANIEL C. ROSS KAREN ..J. HAGEN HUBERT F_ SULLIVAN ..JOSEPH C. $AVINO WICKHAM, WICKHAM a BRESSLER, P.C. MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND NEW YORK 11952 516-298-83.53 TELEFAX NO. .516-298-8.56.5 MO~TGAGE OFFICE 516-298-.5300 TELEFAX NO. 516.298.2012 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 premises. Accordingly, in light of the foregoing we ask you to reconsider your requirement of a site plan. Very truly yours, 6~0.~ Eric J. Bressler ~ EJB:vm MAR - 8 1991 " . . PLANNING BOARD MEMBERS Bennett Orlowski, Jr.. Chairman George Ritchie Latham. J r. Richard G. Ward Mark S. McDonald Kenneth L. Edwards SCOTI L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Soulhold. New York 11971 Telephone (516) 765-1938 CERTIFIED MAIL: PLANNING BOARD OFFICE TOWN OF SOUTHOLD Fax (516) 765-1823 February 4, 1991 William F. Gasser 2383 Fifth Avenue Ronkonkoma, NY 11779 RE: Site Plan American Armoured Foundation Inc. Museum, Mattituck, N.Y. SCTMi 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, - . /1 23~~~'rl/~ Bennett Orlowski, Jr. Chairman Encl. cc: Victor Lessard, Principal Building Inspector Vincent T. Wieczorek, Ordinance Inspector Harvey Arnoff, Town Attorney ~ - Town Hall. 53095 Main Road P.O. Box 1179 Southold. "\lew York 11971 TELEPHONE (516) 765.1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: FROM: DATE: RE: vincent T. Wieczorek Southold Town planning Board ,fi~ February 17, 1989 American Armoured Foundation Inc. Museum SCTM~ 1000-140-2-16 It is the Planning Board's determination that a site plan is necessary for the above mentioned site. Please inform the applicant that a site plan application can be obtained from the Planning Board's office. cc: John P. A. Marcin " . . ~.9d~ '~'''":1'd~ //SN&.~<~ ..... ~td._< ./K-'?!/-i //SStl./.!tlS rn@rnDwrn~ I :)!il; ul JAN 10 1989" I i SOUTHOlO TOWN PLANNING BQ!llill-,.... 516489-3010 JOSEPH p, ABBENDA OF COUNSEL January 20, 1989 Mr. Bennet Orlowski, Jr. Chairman Planning Board Office Town Hall 53095 Main Road Southold, NY 11971 Re: American Armoured Foundation, Inc. Museum Love Lane, Mattituck, NY SCTM #1000-140-2-16 Dear Mr. Orlowski: Thank you for your letter dated December 20, 1988 with respect to the captioned matter. Our initial question is to determine whether a metal framed tower, which is located on the premises requires a site plan. In our original sUbmission, we showed a copy of the site plan with a tower, which was 7'4" square at its base, and 20' high, and which is set back 4' from the property line, which is enclosed with a chain link fence. During World War II, the tower was located in Mattituck, over- looking Long Island Sound, and was utilized as a look-out tower in conjunction with air raid defenses, and defense of Long Island. The tower was relocated to the site and now stands as a POW/MIA memorial. The tower is not utilized for anything but an exhibit. We enclose a copy of the map of the property, showing the location of the tower outlined in red. Our basi~ question was to determine whether the tower required a site plan and building permit in order to maintain same in its present location. Thank you for your courtesy. cc: Mr. William Gasser Mr.Vincent R. Wieczorek Butilding Dept. .c. f1tl~. P.A. Marcin .' ,. . . VICTOR LESSARD PRINCIPAL BUILDING INSPECTOR (516) 765.1802 FAX (516) 765-1823 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 January 9, iOj).,. L.. . ,Ull - 91900 1 L__~___.____._" ; SO;iTH''-:'fJ rCWi, 19 8~9.,-,,-!i:,,:~~,:.:'rJ::LI~: Ji~!}0L:Q_ ,. OFFICE OF BUILDING INSPECTOR TOWN OF SOUTHOLD Bennett Orlowski, Jr., Chairman Southold Town Planning Board Re: American Armoured Foundation Inc. Museum SCTM #1000-140-2-16 640 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 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. .......--,. '" . . 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 museum which is not properly screened. I did not issue an order to remedy the violations because I want~ed to give the museum an opportunity to follow the normal process to clear up the violations. I trust with this additional information that was omitted by Mr.. Marcin you will reevaluate your opinion if site plan is needed. ][>lease 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. v0::S0~W~ . vincent R. Wieczorek Ordinance Inspector . . Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1938 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: ,k' I ).,A Vi 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 ~ur:0 /-;/ 12// c:;;;;' " /,/.>' ~t~P-~~~ 7' . BENNETT ORLOWSKI, Jr . .' CHAIRMAN cc: Vincent R. Wieczorek, Building Department VS/jt 516489-3010 . O~@~~\~\ip \ n I -, . M\~ lJ:fU__~ SOU1HOU> lOWN mHHING BO!:.:ill-- JOSEPH P. ABBENDA RICHARD SIMON WILLIAM A. STEIN CHARLES M. WETTERER . ~.9d~ N~td~ //SN~N""""", ~ v1/uv W--t //SStJ october 24, 1988 OF COUNSEL Mr. Bennett Orlowski, Jr., Chairman Planning Board Town of southold Town Hall,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 "powl~1IA Memorial Tower", having a base of 4 ft. 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 Military used a portion of the frontage along Long Island sound, North 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 NorthF.ork Bank to utilize their parking area northerly of their bank building on Love Lane and adjacent to the LIRR track. We would appreciate your reviewing the foregoing and advising 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 Ene. -G-~ P.A. Marcin cc: Mr. William Gasser Vincent R. Wieczorek, Ordinance Inspector Planning Board Town of Southold , - FORM NO.4 1'"-____ ..1 !-:,~.) r~ ',0 R D W "I, L.!J9 Ii; 'iL'!r UUL OCT 2 5 ~ SOUTHOLD TOWN PlANNING BOARD TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of t.he Building Inspector Town Hall Sout.ho/d, N.Y. Certificate Of Occupancy No. " . ~.1.0.Q.39.. . . . . . THIS CERTIFIES that the building Date. . . . .il ",g.u.s. ~ . ? P. . . . . . . : . . . . . . . . ., I' . 640 Love Lane, 5300 County Rd. 48 Mattituck, N LocatlOn of Property ................. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . House No. Street Ha . 140 2 16 County Tax Map No. 1000 Sect.lOn ........... .Block .............. .Lot . . . . . . . . . . . . . . ..."................. ,...................... Subdivision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Filed Map No. ....... .Lot No. .......... Requirements for a Commercial Building Built conforms substantially to the AppIio:a.;j''''-f,,"" ll"'u<l.iRjO .p....1+I" -h""'WeFe-fjlee -i.. -{"is -offjee-r!a ..... /lpP.U. 2.3.......,195.7. pursuant to wRi~htMi(M:~~fNgs:~~?a.n~y~.l.~~~?... August 20 81. . dated ............................ 19. . . , was Issued, and conforms to all of the requlremel of the applicable provisions of the law. The OCCupancy for which this certificate is issued is . . . . . . . Storage Building C _ Zone ..... .................. ....................................................... The certificate is issued to .....G.... ~". /"':'1'.Y. . r,:,,,.,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . fowner,X""!lJCIT:=W11ll1ticx of the aforesaid bUilding. Suffolk County Department of Health Approval. . . . . .N/~. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . UNDERWRITERS CERTlFICA TE NO. . . .11 fR. . .. . .. . . . . .. . . . . . .. . . .. . . . . . . . . . . . . . . . .. . . .C~..~.?/~... Building Inspector RftI.1I81 VICTOR LESSARD EXECUTIVE ADMINISTRATOR (SI6) 765.1802 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 OFFICE OF BUILDING INSPECTOR TOWN OF SOUTHOLD September 20, 1988 Mr. William F. Gasser 2383 Fifth Ave. Ronkonkoma, N.Y. 11779 RE: Suffolk County Tax #1000-]40-2-16 640 LOVE LANE, MATTI TUCK , N.Y. Dear Mr. Gasser: The Building Department has received complaints regarding the. museum you are operating at the above location. The complaints are: I) No Building Permit for the lookout tower. 2) Parking on adjoining lots and driveways. 3) People trespassing on adjoining lots looking thru the fence. In addition there iance to use a portion iness purposes. is no evidence of site plan approved or a var- of the property zoned "A Residential" for bus- - Please contact this office to avoid any legal action. Thank you for your cooperation in resolving this matter. Very truly yours, U~.IL.LV~ Vincent R. Wieczorek Ordinance Inspector VRW:hdv --' 1 , .-... -49.5 _on -_! ! lJl 'Z <t .j IlJ >- o .J r-- .1 s: ~ I'- /' /1 /// /1 /1/1 , I ~/ '/ /' --....- if "'::U/..U c ---------.--. -- _._----_..~--,- HAWkiNS /11 /; I~ V' ,f /~ .' r-- I I I . - - ----I M?lcMI'-LAN IS',wI '[3 "'"OS'OO .- N/.b.. - ," ..,(TC\"I ~ f(!H=~ 6/-, I {. o ;-- ~ ~ IV'! v, ' " ~1Dl ., , ", , .,." I" ,. "W '-'05'00 . 5-4.::- '5L-(lND . . . td, 27 N.5S.02'20"E. 60,0 .m (\J -9 en en (\J r- lfi t 1\1 ~ 2'% l 0 :r r- t - . If) .8 uj en ~ - 0 .e ~ I E r- - l' . lJ1 I ;: [I) " lr_ lfl " ( l 0 \J ~-;-;:t J . :: - \,. ~ .:: : ~~-~. ~ " i" 2"'8.60 <t- CO eA11_~O~O__-- -"'. L~ ON0 _ :'V1,~p OF PC20PEQTY SUI2VEYEU FO(;;.' _'iVI~L-/ f:ji\1 ... rS,:}s.S f:::::j':;;"_ ...T MATT/TUCk: r IIf'i.;''''';',/''' ~,yw.:;.<.. '" ,.~:./~.,....:""",< ---------- e. f.-~O~D c. ~ - N.5'S.02"2C ( '.. -,f'. 6O.C' I-IAWI<:INS --... ~.5 --- --! I I co C\/ J m m r- I , j/ / UJ -.,-----.--..- /; :z ,1 <I /;/ -1 )/ \ / ;< '" I / I I I. I 11 I 111 / , )- 0 .j ------- -----4 ;l': s: o .'f r- - . l() ro Z t .8 ~ t l' ",: I'J 1>, " E o \J M~cMII_LAN -----r--;- " . , /8'1.G4 .. r:= 0:::"05'00 '. N.4~" ' ~ -j- " 'f'''':'' . "f., t" o :,flOW ~ /1 'jl l~ Il- l} (' t: 11"'.1- . s: .~ Q ~ g , , In [1- 1();j:-~' "'" w ('I) "W ., _.0:5'00 . <. S.-4~ 15L-AN~ pr.> .. (/lltl"....." f.\ i~ ,:, ' 2-48.60 r;,"'v.:.{v eAII-~C:~O_----- ' .- ~-' I I L-ONG -' .-' .- {.. r- M/.~p OF PQOPEQ.TY SUf2VEYEO FOf2 ('-=:..,\ S c'E.,./.".) ---.J!.- _'_":::_,__~~__ ._~_ YY!~L./ ;;;(0 i , I ~T MATT/TUCk:. TOWN OF ScxJTJ.-{OLO, N.'y: JMAUTHORIl(D AUUA.nOH OR "D01110na TO THIS SURVEY 15 " VI~1.ATlON Of S[CTION 7709 Of THE N(W "(O}:lt Sf ^ 1(' EOUCATlON LAW. COPIES Of THIS su~v<y ''''',' NI}T 8tAl:ING THE \."r:o SU:,V~Y.:~'5 ,1!:,O ~:Al OR tMIO$!.[O seAL !tlAll 1-:.. r i:t. cm4slDtUD '0 a( A VALID Tl.U~ c.;~,- SUYVe fen 1:1 t200E'12IC/o.' \,,-,' Scale: 40 '= I" ~"'eCi=JS2, 109 5<{f+. t!l" prJu: ~-=" . /000 -J 0-,)-/ OWNER FORMER OWNER RES. f/Yf LAND SEAS. IMP. o () Tillable Woodland Meadowland . House Plot Total .. TOWN OF SOUTHOLD PROPERTY"-RECORD CARD 'Lj. VILLAGE DIST. SUB. VL. TOTAL 3 q 00 ;..f /P4) 1$'00 V ( ~.. 9 ~. \ N TYPE OF BUILDING S W 1-0 )..-:[: R. (2.. FARM COMM. ,MICS. Mkt. Value CB. DATE REMARKS '" f, &:. s L 967/ y P .sfC Jvu~~v ~--YV I~FRONTAGE ON ( ATER ,rl FRONTAGE ON ROAD ...> LOT '1 - f ! ...... 'r~ . (.) .,0 tiel -- li~: .8'",/4 16.tr<!> -; ~ P O$#u 'DEPTH BULKHEAD ;:? I!M' I..I; .t.. -", ", ,....'",";l?('"..."..:.~ - - 1:::00' , "'- . , ' , c: .'.' - .;.~ '}~ '~.t I """ " ~ : I OOLOR ::;'\"""'1':';' ",'~~"~J,.ft: " ,,' ,,~ ',-7~:::~;p --i.. .,.,:~.>,..,,,,,..., ':,,',";;\-L~ ,,' , ~",:.{i" ~,:.,,,~~::?f, i'~ /., " ~ ",;,01 . "",~',.!;i~ <',""'" , . ,,-,c. ). -::,,\,j': 'i ',' .,-::, .V~_ ~;::,;:,.f~~J: ~':i;, :,. ,n.. ~~~;',' 'j,' ,'-'fl'''.::~~~:, " . ; 'i"'~" -; f,cF'" ......1 ""f, ,'~ . - '.~A .::,~ -' ;~"- TRIM i".', ',r- I 'it " .i,~); I"'~" . ~,. ! <# I \ - , I I {"I . ; I ./ I " . ;'" I ~l.\ If '" . ,.. I .-~" " " . " ,.. , ~ .." "~~:o(.. ....-""1: -.,~ l!t;,,' ., I'. :_ },I ~\~'.,,; ~.", ',~ i " {4 ---y"'. .." - ',11f':t-,', ."< :t. ~~.,.;.S-'" _~lif.i - - .-, .... ~ -"-- .... , . M. Bldg. h-," ,-,1_ f.{~ (:/ /;00 -;;, S'fJ" , Extension Extension Extension it" ,.' .' ,In ,:'....::':,l;.,~..'.:J; . "11'1. ';....,. ';; . ,>i. " . ".: , . . ':' , ,e,y-;"- '. .;I)r,. ~jl.1;.>.;.:,;'it, U,. A ...;cj: (I'J "11' "ro ., -' i ',,: I. oJ ~i :B :J. 9--1 / Foundation '/ Bath Dinette Basement Floors K. Ext. Walls , Interior Finish LR. . Fire Place Heat DR,. , Type Roof Rooms 1st Floor BR. Recreation Room Rooms 2nd Floor FIN. B Dormer Driveway Porch Porch Breezeway Garage Patio O. B. Total r' I I I I - j J I i i ''-' ' I I I ",'-1 ", , - -- -49.5 ~!! --, -", <t .J UJ -, , o I -... _i / ~ 0 ~ L. -r, ~ "l G;) ~ >-. ~ " '.\\ ~' t ~ _.'>' i ,~ 'I \........ : ih r' ! . , I N.A5'oS'OCi'r<. - '3~''''dl -- ~~~.~_~=-:;-' cJ :~5:::; ~if& c7 CJ " c: (.;.A!L_~OAO , -- /'----.. ,'" ..--."..- '--'".....-..:. -..... '- ,...-,..-.... ' PI';-- ,- ,~L:=.:..:;::=o::dliL !v1t::;:-r-','o-r' '0 . ., _,JrV _ """'''-I r-. - '.. 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'-' :'t !='I~ lfl' (1) I \fif' I "- I I I , , , , I / .." ~ j'HP l (> \' J-T- ,. ~1 -- /-'"'1 ~ c__ I I i i I I '-1' - - ,," ---1 _.-~--- - . 1,1,.5" \' -- !:s' __..____1---- .-.----. __._._._~_- ,."d \))1 '-3' ~I ~~ -----=: --=:: -= J 2-4r .sO <f. co .,'; :., -~--;;':':."-- ..::.-_ "",:'\lr-~" ,><<v.,,:,~~:'<.;-~, ..l,.>>- /.,c"- v'...... 1-:" !I :,,'k'" ,', ,,,:--. 0.,\, ,I "/Q' .', 'I V" '" \\ r 4. \J:} ,,:-, -: . ,?~\~~ \ ,( ,\c,.. ~, ,)r"rll 1\",\' '.:', , '" 1CJ'i' \.\\., v') ,_ .:)/..,1 _ ~~:t::~):..,l.(::>S 2 i'J'.J~','\/((f,/i ~,'::-----'- " " "'-....' I 'i"- C".'_i JL 2 5' ..<~;::.;;:..>/ '"_'"'.>C..... ,- J II !I i' il I' ~ l~ .'~ ------- ~ ~ II ~I 1.0 (() i / ,/ ~ , , I -- --~;-1 i 'Il! ~' ~I 'I.., .---J ~ - 2...8.50 ~ CO iff'- , :y"U--'-' ,-. ft. , I": ,'" ,- ': II' f "~ . 'I ~ - j, ' if)~il 1;,., fbit'! f'" - "-''''""--,,,,",,~ '~"'.~O::~-;-'''-':''W" """1~~'\"~~ ~_.. _~~'''"'.', -_.._---,-~_._,.._-- ~\r (. ~~,' L .. '_ _ (:= ::20/4C f HAWkiNS /1 1 t . '/ 1/ II! 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LOT C0V E RAGE 4 --- - I � � I GRASSED AREA_ 3El.I BUILDING E 1 AS SURVEYED AP2. 21 (99 S ' I rzOPEr�ICII vA 7uvL ti _ P.C. M U � 4ICUWD5URVEYOR5 GREENPORT,NY.i T L