HomeMy WebLinkAbout3895APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Charles Grigonis, Jr.
Serge Doyen, Jr.
Joseph H. Sawicki
James Dinizio, Jr.
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
SCOTt L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
TO:
FROM:
DATE:
RE:
Harvey Arnoff, Esq.
Town Attorney
Matthew Kiernan, Esq.
Assistant Town Attorney~
Zoning Board of Appeals~
July 25, 1990
Appl. No. 3895 - Robert & Ethelle Schroeder
The application of Robert and Ethelle Schroeder was filed
on November 27, 1989 for a Variance for a reversal of the
building inspector violation notice, for change of use of land
and the existing building without obtaining a Certificate of
Occupancy. This Board held a hearing on February 1, 1990. We
uhen recessed this hearing without a date till Mr. Schroeder
could be reached, as at this time, he was out of town. Our next
hearing was held on May 30, 1990. Mr. Bressler, as instructed
by his client, withdrew this application without prejudice.
It has been brought to this department's attention that the
applicant may intend to remove the existing tanks (its prior use
was as a service station) and install new tanks. There exists
the possibility that this particular parcel has lost its
conformity and therefore should not be permitted to use this
parcel as it had preexisted as a service station.
Mr. Gerald P. Goehringer
Chairman
Zoning Board of Appeals
Town of Southold
53095 Main Road
Southold, NY 11971
221 North Road
Greenport, NY 11944
September 28, 1990
Dear Mr. Goehringer:
The purpose of this letter is to bring to your attention
excavation being done on the week of September 24, 1990 on
the property of Robert Schroeder located at 4380 Main Road,
East Marion which is located directly across the street from
my home. This property had been a gas station some time prior
to 1984 and since then has been used as a repair facility for
Mr. Schroeder's excavation business.
My objection is not to the present excavation but rather to what
Mr. Schroeder ultimately intends which is to reopen a gasoline
service station. This can be confirmed by Mr. John Gladysz,
Sr. Public Health Sanitarian for the Bureau of Hazardous
Materials Management at the Suffolk County Health Department.
Mr. Schroeder has agreed with the Health Department to remove
the existing underground gasoline storage tanks by October 1,
1990 and has a permit to construct and install new tanks pending
with the Health Dept.
Mr. Schroeder intends to operate a gas station on the property
as an existing non-conforming use in an area otherwise zoned
residential. I offer the following in evidence that the
property has lost its non-conforming use status:
At no time since I bought my home in October 1984 has this
property been in use as a service station open to the
public and offering gasoline for sale and/or the repair
of automobiles. This can be confirmed by Mr. Schroeder's
neighbors directly to the west and diagonally across the
street to the north.
Mr. Gerald P. Goehringer -2- September 28, 1990
o
In fact, the Suffolk County Health Dept. on April 12, 1989
classified Mr. Schroeder's gasoline storage tanks as
"abandoned." That same report reveals that the last de-
livery (according to Mr. Schroeder) was in 5~ay 1988. Also
noted at the bottom of the field inspection form is the
notation (presumably supplied by Mr. Schroeder) that "not
selling gasoline for about 2-3 years" dated 4-12-89.
In a recent lawsuit involving the status of non-conforming
use of a service station in Greenport Judge Jack Cannovo
denied the non-conforming use status stating, in part, that
"a new use may not be substituted for an old use just
because it is similar." While Mr. Schroeder may have re-
paired and fueled his personal and excavation business
vehicles this cannot be considered operating a public
gasoline service center.
I respectfully request that the Town of Southold review this
matter and reach a decision before Mr. Schroeder spends time
and considerable money improving this property.
Thank you.
DLG: s cy
Respectful~,~
David L. (,illispie~
cc: Mathew Kiernan, Esq.
Town of Southold
Victor Lessard
COUNTY OF SUFFOLK
PATRICK G. HALPIN
SUFFOLk COUNTY EXECUTIVE
DEPARTMENT OF HEALTH SERVICES
DAVID HARRIS. M.D.. M.P.H.
April 17, 1989
Sound Shore Excavating Service
Stars Road - PO Box 159
E. Marion, New York 11939-
Attention: Robert Schroeder
Re: Tax Map #1000-35-5-4
Gentlemen:
On April 12, 1989, an inspection of the above-referenced property
was performed by Madeline Feindt in order to determine your
compliance with the Suffolk County Sanitary Code. This
inspection revealed the presence of 3 abandoned underground
gasoline storage tanks. These tanks have not been abandoned as
per Article 12 and are therefore in violation of Article 12
Section 1210(c).
In order for you to correct this violation, these tanks must be
properly removed from the ground under the supervision of this
office. You are directed to contact John Gladysz at 451-4631 for
an appointment to perform this work. Your failure to respond and
correct this violation within two weeks may result in legal
action against you as property owner.
If you have any questions regarding this correspondence, please
feel free to call me.
Sincerely,
Eric J6uhgblood~ Senior Public Health Sanitarian
Inspectional Services
Office of Environmental Engineering & Pollution Control
EJ:jw
cc: J. Gladysz
W. Lahti
SUFF~ COONTY DEPARTMenT ~ HEAL~ .,__ .F;,
Office of E~vironmental Engineering & Pollutt"~n Control ,~ -/
N.Y. Stat~ CRR Part 230 and S.C. Sanitary Code Article 1./~,~V~D.~~y-
Gasoline Station Inspectic~ Form ~ 77- t ~ '? q.;
~aacility N_a~,e , No. Street~ Comm.
Facility Owner No. Street Co~. Phone No.
// //
/cilityOpel~[~or ~ o~.--7-- Street ~ Cnmm '%\~ Phone No.
Land Owner No. Street Comm. Phone No.
// t! ,
Tank/;Owner/F No. Street Comm. [I Phone'No.
Number: ertificates: YES NO Exp. Dte.:
Permits: Tanks R~gistered: YES ~O '~ Reg. Nunber: { Exp. Date:
.. ~<~ / .
Tax No. Dist. ( %? qq Sec.
Ga~lLne
~owhput: Hca4 Dete~:
(If ann,,~l throughput
not ava/]able):
~ed:
Approximate Frequency Of Delivery: ~~/~'/,)"~.,
Brand of Fuel Displayed: t'51 {~ Fuel Distributor:
Number of nozzles: ~
Capacity f Fuel Installed
i (J
Above/
Below
2 Point
Systm~n
Type
Co-Axial
Controls
Subrerged
Fill
Control/
-nsr>ectors ktmme: '~c~'-~%7-~'r~C,.~ ,'~'q~'~;'~ Inspection Date: ~ -- 72~-- ,'~ ~
SH(~RT FORM ORDER
SUPREI~IE COURT -
~I~yAXI~'SPECIAL TERM, Pi
Hen . J,ACF. J. CA~NAVO
Justice
CARMELA L. BoRRELLI,
Petitioner'
CHARLES BRTGHAM, CHAIRMAN, KATHLEEN
VICTORIA HEANEY, WENDEL MEALY and
SWENSEN, CONSTITUTING' THE VILLAGE OF
GREENFORT ZoNIN6 BOARD OF APPEALS, S
COUNTY, NEW yORi{,
Respondents
Upon the [ollowin9 papers numbered I to
to review, vacate and annul a deter_i
N~ice-~f-Nl~'~o~/Order to Show Cause and ~upport,
~nd supportinu papers _ ; Answering Atf
Replying Affidavits and ~upporting paper~ 15
hearing counsel in support o~ and opposed to the ~
ORDERED that this petition brought
vacate and annul a determination cf
Doard of Appeals is granted.
The petitioner Is a resident of
;TATE OF NEW YORK
RTI~T SUFFOLK COUNTY
INDEX
No.
MOTION DATE November 29tt.1~88~9
MO~IONNO. ~ - 12/28/89
[MPSON
:TOR!A
~FFOLK
_Ai~K~/PET'$ATTY:
RIE ONGIONY~ ESQ.
8 Front Street, p.O.Box
Greenport, New York 11944
~E~RESP'SATTY:
JOHN J. MUNZEL, ESQ.
548 Roanoke Avenue
Riverhead, New York ll901
~ read on this n~otion
Inatlon
ng papers 1-10 .~; Notice of Cross Motiou
davits and supporting papers .-- 14 .......
Other_~!-[-2, 16 ~ ~[__7._.; (and a[t~r
~otios) it is,
by 0Armela L. Borrel~i to ?evleW~
;he Village of Greenport Zoning
the Village of Greenport, and she
13 the co-owner of 403 Front Street located i¥~ the Village of Oreenport.
On September 27, 1989, a hearing was[,he!d before the Villa.ge of Greeuport
Zoning Board of Appeals concerning a~ application of Michael T. Dickson
to ex and a service station located ~n the southeast corner' of Front and
Fourth Streets. .
, - -~.,.~a L~,~ ~ lO'lS a certificate o~ occupan~w
In 197[, a variance was
was issued to the Strong Oil Company for the operation of "a gs~ station."
Thereafter, the zoning ordinance was
an allowable use [see, Atlanti£ Rich
482 N.Y.S.2d 380]. According to the
station is permitted to both sell po
shop ·
amended to remove ~as~line ~tations as
?ield Co. v. Senn, 105 A.D.2d 1074,
Zoning Board of Appeals a gasoline
;rcleum products and maintain a repair
- PAGE
6ARblELA L. BORRELLI v. CHARLES BRIGHt
INDEX NO. 89/22253
in 1984, the gas station stopped
the gasoline station stopped servlcini
in addition to ceasing the sale of ga
am a service station because they won
status [village Code ~85-20(B)(1)(d!]
The entire transcript of' the hen
Board of Appeals has been provided to
The ~estimony at the hearing pro
business of either repairing motor ye
public wa~ conducted at the premige~
fact, the overwhelming evidence subs!
1985 to 1989 there was no activity at
Carmela Borrelli).
While the Village of Greenport
within its border~, it is inappropria
zoning ordinance by permitting thi~ g
conforming use.
Generally, abando~ent of a use
abandon and nOnlUSe of the facility
~ea[~er, 62 A.D.2d 171, 404 N.Y.S.2d
provides for the di:~continuance of
period of time, .intent ls irmelevant
60 N.Y.2d 656, 487 N.Y.S.2d 830].
It would not have been dlfiic
. testimony of the citizens who stated
a period of more than a year. ~The a~
with a valid license for conducting
period~or he could have produced the
n ' premises
allegedly occupying ti%e .
o~te of the gasoline
place a~ the
The cou~t also notes thab a new
old use merely because i$ls similar
et als.
selling gasoline. If the owners of
automobiles for a period of one year
oline, they could not resume operations
Ld haye lost their non-conforming use
ling held before the Village Zoning
the court.
~ided no avidenc'e that an ongoing
]icles or providing gasoline to the
'or the requisite period of time. In
.ted to the Board indicated that from
the sitef(Testimony of Bob Brown and
~y need additional gasoline stations
:e and illegal to do violence tc the
soline station to open as a non-
curs when there is both an intent to
oncerned C!tisenS__p.f~Montauk~ I. sc, v.
~'~i. Eowever, when the ordinance
right of non-conforming use ~or a
- ~, ~'1 o~mo
for the applicant to rebut the
that the use had been discontinued for ~
)licant could have pro'vided the Board
repair ~hop dtlring the critical time
,ame of the person or business
testimony that one repair took
,ion since 198~ is unpersuasive,
[se may not be substituted for an
IF & L Buildir_~ Cg~at'l°n v. Murdoc___~k,
- PAGE
CARMELA L. BORRELLI v. CHARLES BRIGHi
INDEX NO. 89/22253
271 A.D.2d 830, 65 N.Y.S.2d 646].
The decision of the Greenport
annulled.
SUBMIT JUDGMENT.
et als.
iago Board of Appeals la vacated and
LAW OFFICES
WICKHAM, WICKHAM 8{ BRESSLER, P.C.
MAIN ROAD. P.O. BOX 1424
MATTITUCI~. LONG ISLAND
June 11, 1990
Zoning Board of Appeals
Southold Town Hall
Southold, N.Y. 11971
Attention: Gerard P. Goehringer, Chairman
Re: In the Matter of ~obert and Ethelle Schroeder
1000/035/5/4
Dear Mr. Goehringer:
Pursuant to your request, this will confirm that Robert
and Ethelle Schroeder are withdrawing, without prejudice,
their application to the ZBA presently pending with respect
to the above referenced premises.
EJB:vm
VerY.l.t~~s'
Er~e/~ssler --
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Charles Grigonis, Jr.
Serge Doyen, Jr.
Joseph H. Sawicki
James Dinizio, Jr.
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
scoTr L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
May 7, 1990
Daniel Ross, Esq.
Wickham, Wickham & Bressler
Main Road
P.O. Box 1424
Mattituck, NY 11952
RE: Appeal. No 3895 - Robert and Ethelle Schroeder
Dear Mr. Ross,
With reference to the above captioned Appeal you informed
this Board at our last regular meeting that Mr. Schroeder is
back in town. In line with that we would like to reschedule
this application to be heard and would appreciate if you would
notify this office of any changes on this application.
Thank you for cooperation on this matter.
Very truly ¥o rs
Gerard P. Goehringer
Chairman
ZBA/df
cc: Town Attorney
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
In the Matter of an Appeal by
ROBERT SCHROEDER and ETHELLE SCHROEDER AFFIDAVIT
of the October 5, 1988 Order to Remedy
Violation of the Building Department of
the Town of Southold.
STATE OF NEW YORK)
) ss.:
COUNTY OF SUFFOLK)
ROBERT SCHROEDER, Jr. being duly sworn, deposes and says:
1. I reside at 122 North Street, Greenport, New York. I
submit this affidavit in support of my father and mother's
application for a reversal of the Building Departments Order of
October 3, 1988.
there are
2. In support of the application/submitted deeds
indicating ownership of the premises and affidavits of operators
of the premises with respect to my fathers' assertion that there
was a legally existing a non-conforming use on the property and
that the Order from which he is appealing is in violation of his
rights pursuant to the non-conforming use.
3. My father wanted to submit affidavits from operators of
the premises for the period of time 1957 to the present. He was
not able to obtain an affidavit from William Ballan who I
understand owned the property from February of 1981 to August of
1981. He was unable to locate Mr. Ballan. He was not able to
obtain an affidavit from John Diaz who simply did not want to do
an affidavit. I understand Mr. Diaz operated the premises from
sometime in 1979 to early 1981.
4. For those time periods during which Mr. Ballan owned
the property and Mr. Diaz operated the property I lived in East
Marion and observed vehicles, trucks and equipment kept on the
premises. It appeared that some of the vehicles were being
repaired and that some were just stored on the property. There
was also equipment kept on the premises during those time
periods.
ROBERT S~HROEDER,
MRS. CIlARLES M. DENNINGTON
R. F. D. NO. 1 - BOX ~
(;i?.I!I'~NPORT, NE\V YORK 11944
Nov 25, 1989
To Whom it May Concern:
I understand that the statement we received clearly
states that Robert and Ethelle Schroeder want to chan§e
their agricultural zone to an industrial zone. We do not
want this action to take place because of pollution (burning
diesel fuel on heavy duty machinery) and the depreciation in
value of our home. L~ ~ ~ % ~u,...,d ~% ~ ~ ~ ~ q ~
WILLIAM WICKHAM
ERIC d BRESSLER
ABIGAIL A. WICKHAM
DANIEL C ROSS
KAREN U HAGEN
HUBERT F SULLIVAN
LAW OFFICES
WlCkham, WICKHAM & 8RESSLER,
MAIN ROAD. P.O BOX 1424
MATTITUCK, LONG ISLAND
NEW YORK 11952
516-298-8353
MORTGAGE OFFICE
November 22, 1989
Southold Town Zoning Board of Appeal
Southold Town Hall
Southold, New York 11971
Attention: Doreen
Re: In the Matter of the Petition of
Robert and Ethelle Schroeder
Dear Doreen:
Pursuant to your request, we have enclosed our check to
the order of Southold Town Clerk for $150.00 with respect to
the above referenced matter.
Very truly yours,
DCR:vm
Encl.
WILLIAM WICKHAM
ERIC d BRESSLER
DANIEL C ROSS
HUbert F SULLIVAN
LAW OEFICES
WICKHAM, WICKhAM ~ BRESSI-ER, p.c.
MAIN ROAD, P.O. BOX t424
MATTITUCK, LONG ISLAND
NEW YOR~ II952
MORTGAGE OFFICE
516-298-5300
TELEfAX NO 516-298-20~2
November 16, 1989
F.
17, 1981;
G.
Southold Town Board of Appeals
Southold Town Hall
Main Road
Southold, N.Y. 11971
Attention: Mr. Gerard Goehringer, Chairman
Re: In the Matter of the Appeal of
Robert and Ethelle Schroeder
SCTM: 1000/035/5/4
Dear Mr. Goehringer:
Enclosed are the following documents submitted herewith
in support of the above referenced appeal:
A. Order to Remedy Violation dated October 3, 1988;
B. Application by Robert Schroeder sworn to November
10, 1989 in triplicate;
C. , Notice to Adjoining Property Owners and affidavit
of service of Application upon the Southold Town Building
Department;
Environmental Assessment Form;
Z.B.A. Questionnaire;
Certificate of Occupancy No,. Z10589 dated July
Survey of subject premises by Roderick Van Tuyl,
P.C., surveyed November 19, 1980;
H. Copy of portion of Tax Map showing the premises;
I. Affidavit of Chain of Title by Thomas B.
Caulfield, sworn to December 12, 1988 together with
certified deeds in chain of title to subject premises,
including:
a)
cowley to King dated 10/1/46(L.2630 p.189)
(western portion);
b)
Maple Lane Farm, Inc. to Cleaves Point Corp.
dated 2/1/55 (L.3989 p.106) (eastern
portion);
c)
Cleaves Point Corp. to King dated 10/11/58
(L.4581 p.424);
d) King to Ethier dated 8/4/77(L.8290 p.18);
e)
Ethier to Hukill dated 1/10/79(L.8565
p.378);
f)
Hukill to Likuh Realty, Inc. dated
3/6/79(L.8595 p.383);
g)
Likuh Realty, Inc., to Ballin dated
2/11/81(L.8960 p.588);
h)
Ballin to Schroeder dated 7/20/81(L.9048
p.38).
J. Affidavits relating to the use of the premises
from 1957 to date by owners and/or operators of the
premises, including:
a) Albert M. Dinizio, sworn, to on January 23,
1989, covering he period 1956 to 1969;
b) Richard Pilles, sworn to on May 15, 1989,
covering the period 1967 to 1970;
c) Lew Raymond, sworn to January 24, 1989,
covering the period 1971 to 1972;
d) Donald Ethier, sworn to January 25, 1989,
covering the period 1973 to 1979;
Additional affidavits shall be submitted relating to
use of the premises for those time periods not covered by
the affidavits listed above.
Minutes of the May 29, 1958 ZBA meeting and
decision of Board of Appeals dated May 14, 1958;
~ani~el~t~. Ross'
DCR:vm
Encls.
cc: Southold Town Building Department
schroapp-75
FORM NO. 5
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N. Y.
ORDER TO REMEDY VIOLATION
Date ..... ,0. c..c..o, .b..e..r... ~.: ................................ , 19..,8..8...
Mr. & Mrs. Robert Schroeder
Zowne[or authorized aaent of owner)
F O ~ox. . /3~, z[~O ~tars Rd.
East Marion, New York 11939
(address of owner or authorized agent of owner)
PLEASE TAKE NOTICE there exists a violation of:
Zoning Ordinance
CHAPTER I00
Other Applicable Laws, Ordinances'or Regulations ............................................
at premises hereinafter described in that (I) A ch.an.g.e....9..f' .u.s..e..of an existing ..building
(state character of violation)
without obtaining a Certificate of Occupancy. (2) Change of use of land without
obtaining a Certificate of Occupancy, (3) Changing the use of a non-conforming
g'&'~'o' l'i'h'&'" Y i'l'l'i n'~' "~'6'~'6' fS'A'' w'i'6 ~'6'u~6'' '~B'6'~'i'fi'i'~ ~'' '~'' 'C'~'~' ~:' )-' ~ {'~'i'~'~'"6' ~:' ' 'O'~'~'~'~'i'~'~' ~ .......................
in violation of CHJIzPTER 10(~144A, CHAP. 100-141-4A.
(State section or paragraph of applicable law, ordinance or regulation)
YOU ARE THEREFORE DIRECTED AND ORDERED to comply with the law and to remedy the
conditions above mentioned IMMEDIATELY
The premises to which this ORDER TO REMEDY VIOLATION refers ore situated at
~.~..8..~.~..~'..i..~?~.a~.d..~.~.(~.~.~t~.e~2~.5~.~:~..E~.a?.~.t~? ...... County of Suffolk, New York.
SUFFOLK COUNTY TAX MAP ~ 1000-35-5-/~
Failure to remedy the conditions aforesaid and to comply with the cppliccble provisions of Iow
may constitute an offense punishable by fine or imprisonment or bath.
...............
Bui!ding InspechSr
Vincent R. Wieczorek
2OUNTY OF SUFFOLK : TOWlq OF SOUTHOLD
~.t~ OF SOUTHOLD :
Versus
ROBERT SCHROEDER,
ETHEL SCHROEDER,
Defendants :
May 15, 1987
Southold, New York
BEFORE: HON. FREDERICK J. TEDESCHI, Justice
APPEARANCES: FRANCIS YAKOBOSKI~ ESQ., Town Attorney
['IS. PATRICIA ~OORE, Attorney for the Defendants
Myrtle Eiefer~
Court Reporter
Conference/Disposition re:
Robert and Ethel Schroeder
Pages 3 11
This is the matter of the Town of Southold
versus Robert Schroeder and Ethel Schroeder
held in Southold Town Justice Court on May
15, 1987 before the Honorable Frederick J.
Tedeschi, Justice.
THE COURT: Robert and Ethel Schroeder,
Number 62.
(Mr, Yakoboski and Ms. Moore before the
bench.)
THE COURT: May 29,
MS. ~ORE: I object.
him proper ti~e for an
Trial Date, peremptoril,
You're not giving
attorney.
THE COURT: You had six months and you coul
have gotten all the attorneys you wanted.
Everybody's in on this case. It has to be
resolved and I'm not going to drag it on.
MS. MOORE: Your Honor, I'm going to make a
request if it goes to trial that we get
another judge, that we ask for another judg~
THE COURT: I'll deny that application.
MS. MOORE: Exception.
THE COURT: I'm not a prejudiced man. Just
let's look at those pictures.
MS. MOORE: I believe you've had prior deal-
ings with Mr. Schroeder?
THE COURT: I've never represented Mr.
Schroeder. I have been on opposite sides
of the fence with Mr. Schroeder. He's a
fine gentleman but like everybody else, we
must comply with the law.
MS. MOORE: I'd just like to make my excep-
tion.
THE COURT: Your exception is noted, May
29th for trial.
MR. YAKOBOSKI: May we respectfully set a
time?
THE COURT: 11:30.
MR. YAKOBOSKI: May we go off the record?
THE COURT: Yes.
(Off the record discussion between Mr. Yako-
boski and Ms. Moore and the Court.)
(Continuation on the record)
MR. YAKOBOSKI: I'm proposing that Mr.
Schroeder plead guilty to two of the three
counts in the information that is before
the Court and that there be a fine and no
other type of punishment. A fine totaling
one thousand dollars, and that he immedi-
ately remove ---
THE COURT: That means like one day or two?
MR. YAKOBOSKI: That is immediately, that
he remove the crane which is situated on
the east side of the building on this
premises.
THE COURT: It is the east side?
MR. YAKOBOSKI: Yes.
THE COURT: Toward the Kron property?
MR. YAKOBOSKI: Yes.
MS. MOORE: For the record, he went out to
survey and Kron had no complaints about him
storing property ---
MR. YAKOBOSKI: Immediately remove the
crane on the east side of the building and
that he remove and not park any of his con-
struction equipment in the front yard of
this parcel henceforth and that furthermore,
the crane which is currently behind the
building
~R. LKSSARD:'~
that trucks
ment.
THE COURT:
Your client must understand
are a part of construction equip
Including trucks.
MR. YAKOBOSKI: That the crane which is at
the rear of the building, that the boom be
lowered to the ground. He knows how to
make it safe so not to create a dangerous
situation and that be permitted to remain
until the 15th of July at which point that
piece of equipment is gone, the parcel is
never used again.
THE COURT: If I may interrupt, Mr. Yakobosk
that's all that was there?
MR. YAKOBOSKI: All that was there as of
this morning were two cranes and this truck
There were two pick-ups and big dumpsters-~
THE COURT: So, in other words you're really
saying is to keep one crane in the back pro-
vided the boom hits the ground, until the
15th at which point that is gone and no
other equipment can be there?
MR. YAKOBOSKI: Yes.
THE COURT: Are we clear on that?
MS. MOORE: I~m clear.
THE COURT: I want everybody to be clear and
no misunderstandings..
MR. YAKOBOSKI: During that period of time,
barring any breach of this proposal or agre~
ment, we will not file any other charges
against him for that crane continuing to be
there.
THE COURT: The date is July 15th?
MR. YAKOBOSKI: Yes. May we go off the
record?
THE COURT: Yes.
(Off the record conference between Mr. Yak-
oboski, Ms. Moore and the Court.)
(Continuing back on the record.)
MR. YAKOBOSKI: Your Honor, after much dis-
cussion we are going to put before the Court
a proposal to resolve the matter of People
versus Robert Schroeder and Ethel Schroeder.
Your Honor, first I have an application
that in contemplation of a plea of guilty
to two of the three counts alleged in the
information which is before the Court, and
that information I don't have a docket num-
ber, Your Honor.
THE COURT: There it is. (Indicating) I
don't know if it's on there. Take a look.
MR. YAKOBOSKI: That at that time, we
respectfully move to dismiss as to Ethel
Schroeder and that is as I said, in contem-
plation of a plea of guilty to counts nun-
ber one and two on the information. We woul~
recommend to the Court and the defendant ha:
accepted that there be a fine imposed of
one thousand dollars and that further, the
construction equipment including the truck
currently on the premises which is on Main
Road in East Marion; a condition consists
of a crane, truck and dumpsters~ be removed
forthwith. By that we mean no later than
Tuesday of this coming week.
THE COURT: That is the 19th ?
MR. YAKOBOSKI: Yes, it should be removed
by the 19th day of May, 1987 and that the
crane which is the second crane which is on
the premises to the rear building be per-
mitted to remain on the site so long as the
boom is lowered to the ground to reduce any
visibility from the highway and also may be
for safety purposes.
THE COURT: That the crane in the rear buil~
ing, that be permitted to remain till the
15th day of July, after which time on or
before such date it be removed. Therefore
no construction equipment including the
trucks dumpsters or the like or any construc
tion material ---
MR. LESSARD:~ Not, '~therefore no more con-
struction equipment.~' Put it after July
15th.
MR. YAKOBOSKI: That henceforth commences
the 19th.
MR. LESSARD: That no construction equipment
including construction materials, grading
materials, stones, topsoil, sand and the
like be stored on those premises.
MR. YAKOBOSKI: We also respectfully request
the third count be withdrawn. I think it is
referred to as count four on the information
but that count be withdrawn and we understan,
that Counsel has
to her client.
THE COURT: Just
authorization and has talke~
to clarify, maybe
so we all understand what it's all
correct me, Ms. Moore and Mr. Yakoboski, if
I'm not accurate.
The defendant who Ms. Moore is his
attorney, agrees to immediately remove one
summarize
about and
10.
crane and that's on May 19, 1987, one crane
located on the east side of the premises.
MR. YAKOBOSKI: Correct.
THE COURT: He's going to remove and not
park any construction equipment whatsoever,
in front of the premises.
MR. YAKOBOSKI: Correct.
THE COURT: We're speaking of May 19, 1987
as the deadline here. The crane in the rear
the boom is to be lowered to the ground and
it is to be removed by July 15, 1987.
MR. YAKOBOSKI: Correct.
~Ro LESSARD: NO other equipment is to be
on the premises. Everything is to be gone
and to be removed by July 15, 1987.
MS. MOORE: I don't know what equipment
we're talking about.
~R. L~$SARD~ Then he will not bring it back.
MR. YAKOBOSKI: Not operate a turnstile
operation. That's gone as of the 19th.
THE COURT: Ms. Moore, pursuant to your wit-
ness's authorization dated May 15, 1987 whic~
has been submitted to the Court and which was
acknowledged on May 15, 1987, how do you
plead to count nu/~erone and count number
t
11.
two on behalf of your client?
MS. MOORE: As to Ethel Schroeder, I believ~
the counts have been dropped.
THE COURT: That was dismissed.
MS. MOORE: As to Mr. Schroeder, guilty to
counts one and two.
THE COURT: I notice you have authority in-
cluding but not limited to accepting sent-
ence and/or fine. How are you going to
pay this fine?
MS. MOORE: I have a check to pay today.
THE COURT: Dismissed as to Ethel Schroeder
So now we need cooperation to carry this
out,
MS. MOORE: He indicated he would do so.
Unfortunately
Mr. Schroeder.
and she said,
THE COURT:
I was not able to speak to
I spoke to Mrs. Schroeder
~Yes.,~
Fine. Thank you.
12.
CERTIFICATION
I, Myrtle Kiefer, Official Court Reporter, hereby
certify that the foregoing pages are a true and correct
transcript of the Justice Court proceedings held on
May 15, 1987 at Southold Town Justice Court, in this matter.
Date
Myrt~ ~iefer? ~
CourtReporter
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MR. SAWICKI: So find.
THE CHAIRMAN: All in favor?
BOARD MEMBERS: Aye.
(Whereupon, a brief recess was taken
and the proceeding
THE CHAIRMAN:
is in behalf
/
later resumed.)
Our second to last~
of Robert and Ethel le
Schroeder, Appeal Number 3895. The legal
notice reads as follows: Upon application
of the applicants, variance for reversal of'
Building Inspector for change of use of land
and existing building without obtaining a
Certificate of Occupancy. Property loca- /
/
tion: 4380 Main Road, East Marion, County/
/
~ ~p Number 1000, Section 35, Block ~
I have a copy of a survey dated
November 19, 1980, indicating a one story
frame gas station, sits in the same location
... only difference I notice based on a
field visit is that there is a fence in the
rear of
station
I
the property, in the rear of the
itself, some sort of stockade fence.
have a copy of the Suffolk County Tax Map
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indicating this and surrounding properties
in the area. I have a
concerned citizen. Is
would like to be heard
application?
MR. BRESSLER:
letter in the file, a
there anyone that
in behalf of the
Wickham, Wickham and
Bressler, P.C., Main Road, Mattituck, New
York, by Eric Bressler.
Gentlemen, this is an appeal from a
determination or decision of the Building
Inspector, in this case involving an order
to remedy a violation issued October 3,
1988. The order to remedy involved three
separate types of alleged behavior; one, a
change of use of an existing building
without obtaining a Certificate of Occu-
pancy; two, a change of use of land without
obtaining a Certificate of Occupancy; three,
changing use of the nonconforming gasoline
filling station without obtaining a Certifi-
cate of Occupancy.
Those are the three items that are
listed on this order to remedy. It is
important to note, in looking at the order
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to remedy, that there is no detail whatso-
ever regarding what the nature of the change
of use is or what it is that must be
remedied immediately. It merely says there
is a change and you are ordered to comply
with the law and remedy the conditions
immediately. On that basis alone ! believe
the Board has the authority to reserve that
particular determination. It just doesn't
tell us anything.
Secondly, moving to what we believe
was intended by this order to remedy, but of
course we can't be absolutely certain, but
what we think they are talking about is the
parking of vehicles on the premises. This
is upon information and belief, and my
statement %o that effect in no way concedes
that is what this is about or admits
anything that is in the order to remedy, but
upon information and belief that may be what
this is about. Certainly there is no
evidence before this Board as to what this
order to remedy is about.
Simply speaking, with respect to that
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issue, we have submitted to the Board an
abstract of title which shows ownership of
this property prior to the zoning and we
submit a series of affidavits up unti] a
certain point which document the use of that
particular piece of property as being
uninterested.
The Board will note that as part of
this particular chain there are two holes in
the chain, and I have an affidavit from
Robert Schroeder, Jr., regarding these
particular holes in the chain. I hoped one
of the applicants could be her~ tonight, to
speak of his house use from the time of his
ownership going forward. However, despite a
long, lengthy notice prior to the time of
this hearing, he is unavailable to testify.
His testimony in substance, I would repre-
sent to the Board, would track what is set
forth in the other affidavit.
THE CHAIRMAN:
here to discuss this?
MR. BRESSLER:
applicants ... I
You don't have anybody
No, since my
would introduce
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Robert Schroeder, Jr.'s affidavit to plug
the hole, and I would ask forbearance oX the
Board in reserving and leaving the hearing
open until Mr. Schroeder returns. When this
was published, we immediately tried to get
in touch with Mr. Schroeder and he was out
of town. We would hope he would be back by
the next Board meeting.
I am certzin the Board has ~uestions
of Mr. Schroeder, as do I. So that is my
application, at this particular time.
THE CHAIRMAN: Thank you.
Is there anybody that would like to
speak, either in favor or against this par-
ticular project?
MR. BRESSLER: I am handing up the
affidavit of Robert Schroeder, Jr.
(Whereupon, a copy of said affidavit
was handed to the Board.)
MS. GILLISPIE: My name is Rhoda
Gillispie. I live at 221 North Road,
Greenport, across the street from Mr.
Schroeder's property. I am here to speak on
behalf of my family, my husband, and also
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Betty Denningston (phonetic spelling), who
is here and lives directly across from Mr.
Schroeder's property.
The obvious reason why we strongly
oppose what has been done in the past, and
the court ordered to stop the storing of the
machinery and things related to Mr.
Schroeder's Sound Shore Excavating Company
(phonetic spelling), is, number one, the
eyesore of what I am looking at across the
street from me right now. Without any
equipment there, except for the occasional
trucks that are still stored there, it is an
eyesore just because of what transpired
last, uhenever, it was last summer with the
graffiti all over the building, but if you
add the equipment, and it was before the
court ordered to stop keeping it there,
literally every square inch of the property
was filled with cranes, septic tanks,
gravel, and various heavy-duty equipment.
The hazard to traffic on Route 25 is,
in the past they backed equipment in and out
of the property, stopping traffic. There is
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a lot of screeching cf brakes. This is a
large piece of equipment going into a small
piece of property and it has in the past
caused problems. It is also very noisy,
waking up at six o'clock in the morning to
diesel engines being revved up. This is a
residential area with a nonconforming use,
Now this is where my question lies,
that I do not understand the legalities of
the application that has been presented, but
a nonconforming use, is it specifically for
the purpose of being used as a public
gasoline filling station? It is all resi-
dential around there. There was on the
master plan ... apparently it is all listed
residential. I realize it is not just this
piece of property that is nonconforming, but
it doesn't specify in the master plan. What
does nonconforming use mean?
THE CHAIRMAN: Well, I am not the
greatest authority on nonconforming use, but
I will tell you that if this particular
building continued after zoning and it was a
gasoline station, then assuming that it has
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been continued in that use without a ...
will steal a phrase from Mr. Bressler in
saying "no holes in the chain"
two years,
station.
MS.
then it continues as
GILLISPIE: Okay.
46
I
... more than
a gasoline
That was my
understanding, and in the five years that we
have lived across the street from this
property, no gasoline has been served to the
public as far as I know of. Now I under-
stand, and I did not live there when Mr.
Schroeder bought the property, that it
started out selling gasoline. So it changed
and became Sound Shore Excavating, Incor-
porated.
because
change of
states it
equipment
I don't
I was not there,
use business,
know at what point,
but that is not a
what the violation
is. Are we talking just about the
being used on there or the actual
use of Sound Shore Excavating Corporation,
which is in a gasoline filling station?
THE CHAIRMAN: I cannot answer that
question without having Mr. Schroeder here,
and that is where my problem is.
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MS. GILLISPIE: I understand that.
THE CHAIRMAN: I certainly am
perfectly aware of how ... riding back and
forth from the ferry or back and forth on
inspection ... that no gas has been
dispensed ever from that building. I will
be the first to admit that, and I concur
with what you are saying.
well be a loss
consistently.
Idon't
MS. GILLISPIE:
THE CHAIRMAN:
point. Let's wait until he shows
ask him as series of questions.
That could very
of one of his uses ...
know at this point.
That is my question.
I don't know at this
and we can
MS. GILLISPIE: My other question is,
are there zonings specifically for companies
requiring heavy-duty machinery? I was told
there are. I don't know this for a fact.
THE CHAIRMAN: I think they should be
stored in certain zones. There is no
question about it. Again, the Building
Inspector will probably
answer that question.
MS. GILLISPIE:
be better served to
It is obvious.
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It was a gasoline station. We bought the
property knowing that it was supposed to be
a gasoline filling station originally and
that this was being used as something
different. We question whether that
something was changed because it sounds to
us, and from other people who have spoken to
us, that it was not the use it was intended
for and that is would eventually change.
I am not ready to move from my
property, but I am upset over the thought
that this can become a storage of heavy-duty
equipment ... cranes. All this stuff across
the street from a residential house certain-
ly lowers my property value, but that is not
the main point. My main point is that this
is not in use as a gasoline station as it
was meant to be, and it is my understanding
it should be reverted back to its original
use which is residential.
THE CHAIRMAN: Thank you.
Is there anybody else who would like
to be heard?
MR. APODIACOS: Terry Apodiacos.
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I would just like to state that I have been
living there for fourteen years now, ever
since we bought the house, and never really
noticed it to be a gas station except for
the first three or four years ... it was
owned by a previous man named Don's Garage,
and ever since the Schroeders moved in I
haven't seen gasoline served to the public.
Also, I have sent to you guys, a few
months ago, a letter stating all our reasons
why we don't want the zoning to take place;
because of the diesel fuel, the noise early
in the morning, and the depreciating value
of our property, too.
THE CHAIRMAN:
MR. APODIACOS:
THE CHAIRMAN:
like to speak?
Go ahead, Mr.
MR. BRESSLER:
Thank you.
You're welcome.
Anybody else who would
Bressler.
Mr. Chairman, I think
the comments we heard tonight point to the
direction with this particular application.
The problem that the Board is faced with
again, simply to review the order of remedy,
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leads me to the conclusion that that ought
to be stricken and thrown out, and if truly
a problem exists down there that the issue
ought to be brought by the Building Depart-
ment quickly before the Board. I think the
simple statement there be a change of use
has left the objectants, whatever they are
objecting to, has left them as bewildered as
we are as to how to act or deal with this
particular situation, and I think if the
Board wants to reassess and bring Mr.
Schroeder in, that is fine and I would ask
the Board to do that if they want to hear
from him. But I don't believe that is going
to cure the underlying dissent here which is
that the issues are not clearly in
the Board and the simple statement
there be a change of use just has to
what will happen after that to bring
issues into focus.
THE CHAIRMAN: I'm thinking about
having the Building Inspector here at the
next hearing.
MR. BRESSLER: That would certainly
front of
that
fall on
the
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be helpful. I am not sure ... I am not sure
that would cure the problem that the Board
has with respect to the written determina-
tion. I am pretty certain that the law on
that issue is you take your notices as you
find them, and while the Building Inspector
may augment and complain to the Board what
he meant, I don't think that is going to
save the infirmity. I do think it may aid
in future resolutions.
I certainly would not be objecting if
the Board chose to do that. However,
legally speaking, I would object to the
significance of what he had to say on the
actual application. It may, however, as a
practical matter, be beneficial.
THE CHAIRMAN: Thank you.
MR. GILLISPIE: Dave Gillispie. I
came back from Boston for this hearing and I
think that all parties should have made the
effort to be here. But there is also one
point in here, it says "hardship", that Mr.
Schroeder has a hardship if they couldn't
use this property for whatever he wants to
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use it for, I guess, no one here is really
sure what he wants to use it for but it is
not the filling station.
As I understand, he has acquired
other propert? in tke Tcwn of Southold that
he can use for his business. So the use of
this property or lack o~
property is not going to
the people he employs.
Board also keep that
THE CHAIRMAN:
use of this
harm his income or
I would hope the
in mind. Thank you.
Thank you.
Yes, Mr. Bressler.
MR. BRESSLER: Mr. Chairman, if I
could just address that. I believe, of
course, as the Board is aware, a hardship is
not a legal issue here and the fact that it
appears on the Board's form or something is
filled in, I think is of no legal signifi-
cance. We are not at this point asking for
a variance. If we were having a variance
hardship or a practical difficulty it would
be before the Board properly, and to the
extent that it caused any confusion or legal
misunderstanding to the objectants,
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I apologize for that,
THE CHAIRMAN: Any other comments
from anybody?
Will Mr. Schroeder be back on the
15th?
MR. GILLISPIE: What date, excuse me?
THE CHAIrmAN: The 15th of February,
two weeks from tonight.
MR. GILLISPIE: Ho, I will be in
Florida.
THE CHAIRMAN: Will Mr. Schroeder be
back here, Mr. Bressler?
MR. BRESSLER: I am not certain, Mr.
Chairman, and when the assigned date was
first sent out we made a diligent attempt to
contact Mr. Schroeder. I have been advised
by Mr. Schroeder's family that Mr. Schroeder
has the luxury, unlike some of us, of taking
vacations without being bothered by the
telephone or other methods of contact. So
as soon I find out where he is and when he
will be back, I will let you know.
THE CHAIRMAN: I guess the best
thing to do is recess without a date.
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MR. BRESSLER: AS soon as he returns,
I will advise the Board by a letter so the
hearing can be set, if that is satisfactory.
THE CHAIRMAN: Anybody have any
objection to that? Anybody have an objec-
tion to our recessing without a date and
reconvening the hearing when the applicant
is here? Then we will recess without a date
on my motion.
MR. DINIZIO:
I would like to make a
statement. I would just like to inform
everybody involved in this that I don't feel
I have a problem making a decision one way
or the other. My brother-in-law does own
land adjacent to
the street. You should consider
certainly for our next hearing.
this property and across
that
I certainly
would not be offended if you don't want me
to be here. However, I don't feel that is
anything that would effect ... I just want
you to know. I know Bob knows.
MR. BRESSLER: I will remind Mr.
Schroeder if he is aware of it. I can only
assume he doesn't have any objection if you
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don't view it as a conflict. I will just
remind him. I am sure there will be no
difficulty, but if there is we will meet and
let you know.
THE CHAIRMAN: Hearing no further
comments, I make a motion to recess the
hearing without a date.
for
BOARD MEMBERS:
THE CHAIRMAN:
BOARD MEMBERS:
THE CHAIRMAN:
coming in everybody.
Second.
All in favor?
Aye.
I thank you very much
We are reconvening the hearing on the
Port of Egypt, which was reconvened from the
last regularly scheduled meeting. At that
time, I believe we asked you for a map which
we presently have in our file. And we asked
you for the single and separate search.
guess I should let your attorney speak for
yOU.
MR. MOORE: William Moore, of Moore
and Moore.
I've got certified copies of deeds of
each of the parcels in question. I trust
Southold Town Board Appeals
Febr 15.1, 199~egular Meeting
S.E.O,.R.A.
TYPE II ACTION DECLARATION
Appeal No. 3895
Project/Applicants:
County Tax Map No.
Location of Project:
Robert and Ethelle Schroeder
1000- 35-5-4
4380 Main Road, East Marioh
Relief Requested/Jurisdiction Before This Board in this Project:
Reversal of building inspector for change of use of land and
existing building wi'thout obtaining certificate of occupancy.
This Notice is issued pursuant to Part 617 of the
implementing regulations pertaining to Article 8 of the N.Y.S.
Environmental Quality Review Act of the Environmental
Conservation Law and Local Law #44-4 of the Town of Southold.
An Environmental Assessment (Short) Form has been submitted
with the subject application indicating that no significant
adverse environmental effects are likely to occur should be
project be implemented as planned.
It is determined that this Board's area of jurisdiction
concerning setback, area or lot-line variances determines this
application to fall under the established list of Type II
Actions. Pursuant to Section 617.2jj, this Department is
excluded as an involved agency.
This determination shall not, however, affect any other
agency's interest as an involved agency under SEQRA 617.2jj.
For further information, please contact the Office of the
Board of Appeals, Town Hall, M~in Road, Southold, NY 11971 at
(516) 765-1809.
tm
COUNTY OF SUFFOLK)
Yvonz~e L~_eb].ein ef Mattituck, in
~ld CounW~ beln9 du~ ~orn, ~ys t~t ~ ~ Prlnclpal
Clark of THE SUFFOLK ~MES, n Wee~ Newspaper,
publhhed at Mattltuc~ In the Town of SoMhol~ Coun~ of
Suffolk and State of New Yor~ and that the ~tice of which
t~ a~exed ~ a print~ cow, ~ b~n r~ wbli~hed In
said Newspaper once each week for I weeks
successively~ commencing on the 2~ day of
t9 90
/2//),/) ~/ ~-'~incipal Clerk
Swom to be. fore me this ~
day of /~'//_/~ 19.7__.~__ NOTARY ?UGLiC, State ,04
· / -- Suliolk County NO.
INOIICI~ Ol" HEARINGS
NOTICE IS HEREBY
GIVEN, pursuant to the Section
267 of the Town Law and the
- . Code of the Town of Southold,
the following hearings will be
~held by the SOUTHOLD
TOWN BOARD OF APPEALS
'~i~at a Speeiai Meeting, at the
Southold Town Hall, Main
'" Road, Southold, NY 11971, on
WEDNESDAY, MAY 30, 1990,
at the following times:
' '. 7:30 p.m. Appl. No. 3920--
A. LIES. Variance to the Zen-
. jng Ordinance, Article XXIV,
Section 100-244, as disapproved,
. for permission to construct deck
additions. Proposed construc-
tion exceeds permitted lot cover-
age, and will have insufficient
side yard setbacks. Property
Location: 310 Linda Road, Mat-
tituck, County Tax Map No.
,..~. 1000, Section 1067 Block 1, Lot
14.
7:35 p.m. Al~pl. No. 3933--
PAMELA VALENTINE. Vari-
ance to the Zoning Ordinance,
Article XXIII, Section 100-231
A, for permission to construct
an 8 ft. fence in the front yard
area. Fence in the front yard area
not to exceed 4 ft. in height. Pro-
perry Location: 34655 Main
Road, Orient, County Tax Map
. No. 1000, Section 019. Block 0L :
Lot 5 & 6. ·
7:40 p.m. AppL No. 3914-
EVA HALLA. Variance to the
Zoning Ordinance, Article III A,
Section 100-30 A.3, Article
XXIV, Section 100-244, Bulk,
Area and Parking, Article
XXIII, Section 100-239.4, build-
ing setbacks from water or wet:
lands, for permission to con-
struct a one family dwelling.
Property Location: 55 Glen
Court, Cutchogue, County Tax
Map No. 1000, S~ction 083,
Block 01, LOt 01. . ~.
~'~ 7:45 p.m. AppL No~ 3895-- '
ROBERT AND ETHELLE
SCHROEDER. Variance for re-
versal of the building inspector
for change of use of land and
I existing building without obtain-
ing a Certificate of Occupancy.
Property location: 4380 Main
: Road, Fast Marion, County 'lax
Map No. 1000, Section 35,
Block 5 LOt 4.
~ 7:50 p~m. Appl. No.
NICHOLAS ALIANO.
Variance to the.Zoning Ordi-
:'nance, Article III A, Section
100-30 A.2 (Article XXV, Sec-
tion 100-253 A), as disapprov-
ed, for permission to construct
a r~tail/office complex, pro-
posed construction is not p~r-
mired in this R-40 Zone Dis-
trict. Property Location: 29950
Main Road, 30 Pequash Avenue,
Cutchogue, County Tax Map
Na 1000, Section 102, Block 03,
~Lot 01. ., ~
STATE OF NEW YORK ss:
3
Patricia Wood, being duly sworn _~__-;'_' th--*. :.% ;r the
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
a public newspaper printed at Southold, in Suffolk County;
and that the notice of which the annexed is a printed copy,
has been published in said Long Island Traveler-Watchman
once each week for .................... ./. ..... weeks
successively, commencing on the
day of ).. 7 o
......... ,79. ?... %,
Sworn to before me this
......... day of
...........
Notary Public
7:55 p.m. Appl. No. 3915-
JORDAN'S PAKFNERS. Vari-
ance to the Zoning Ordinance,
Article VII, Section 100-71, as
disapproved for permission to
construct office and retail stores.
Proposed construction is not
permitted use in this District.
Property Location: 1000 Main
-Street._and 160 Main Road,
_ Greenport, County Tax Map
No. 1000, Section 34, Block 2,
Lot 1.
The Board of Appeals will at
said time and place heat any and
al/persons or representatives de-
' siring tO be heard in each of the
above matters. Written com-
ments may also be submitted
prior to the conclusion of the
subject hearing. Each hearing
will not start before time allot-
ted. Additional time for your
presentation will be available, if
needed. For more information,
please call 765-1809.
Dated: May 21, 1990 ~
~ BY ORDER OF
~ THE SOUTHOLD TOWN
BOARD OF APPEALS
..GERARD p. GOEHRINGER
~ ,?.'~ CHAIRMAN
"' By Doreen Ferwerda
................ IX, 5124190 (7)
BARBARA A. SCHNdDER
,,,,/1:3?'dO. State 0f New York
Southold Town Board of Appeals
MAIN ROAD , STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
FAX No. (516) 765-1823
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
JOSEPH H. SAWlCKI
JAMES DINIZIO, JR.
TO WHOM IT MAY CONCERN:
Enclosed herewith as confirmation of the time, date and
place of the public hearing concerning your application is a
copy of the Legal Notice, as published in the Long Island
Traveler-Watchman, Inc. and Suffolk Times, Inc.
Please have someone appear in your behalf at the time
specified in the event there are questions brought up during the
same and in order to prevent a delay in the processing of your
application. Your public hearing will not start before the
times allotted in the attached Legal Notice.
Please feel free t~ call our office prior to the hearing
date if you have questions or wish to update your file.
Yours very truly,
dff
GERARD P. GOEHRINGER
CHAIRMAN
APPEALS BOARD MEMBERS
Gerard P. Goehringer. Chairman
Charles Grigonis, Jr.
Serge Doyen, Jr.
Joseph H. Sawicki
James Dinizio, Jr.
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
ScoTr L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
NOTICE OF HEARINGS
NOTICE IS HEREBY GIVEN, pursuant to the Section 267 of the
Town Law and the Code of the Town of Southold, the following
hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a
Special Meeting, at the Southold Town Hall, Main Road, Southold,
NY, 11971, on WEDNESDAY, MAY 30, 1990, at the following times:
7:30 p.m. Appl. No.
Ordinance, Article XXIV,
permission to construct
3920 - A. LIOS. Variance to the Zoning
Section 100-244, as disapproved, for
deck additions. Proposed construction
exceeds permitted lot coverage, and will have insufficient ~ide
yard setbacks. Property Location: 310 Linda Road, Mattituck,
County Tax Map No. 1000, Section 106, Block 1, Lot 14.
~ge 2 - Notice of Hearings
Southold Town Board of Appeals
Special Meeting of May 30, 1990
7~35 p.m. Appl. No. 3933- PAMELA VALENTINE. Variance to
the Zoning Ordinance, Article XXIII, Section 100-231 A, for
permission to construct an 8 ft. fence in the front yard area.
Fence in the front yard area not to exceed 4
Property Location: 34655 Main Road, Orient,
1000, Section 019, Block 01, Lot 5 & 6.
ft. in height.
County Tax Map No.
7:40 p.m. Appl. No. 3914 - EVA HALLA. Variance to the
Zoning Ordinance, Article III A, Section 100-30 A.3, Article
XXIV, Section 100-244, Bulk, Area and Parking, Article XXIII,
Section 100-239.4, building setbacks from water or wetlands, fgr
permission to construct a one family dwelling. Property
Location: 55 Glen Court, Cutchogue, County Tax Map No. 1000,
Section 083, Block 01, Lot 01.
Va7:45 p.m. Appl. No. 3895 - ROBERT AND ETHELLE SCHROEDER.
riance for reversal of the building inspector for change of
use of land and existing building without obtaining a
certificate of Occupancy. Property location: 4380 Main Road,
East Marion, County Tax Map No. 1000, Section 35, Block 5, Lot 4
Page 3 - Notice of Hearings
Southold town Board of Appeals
Special Meeting of May 30, 1990
7:50 p.m. Appl. No. 3907 - NICHOLAS ALIANO. Variance to
the Zoning Ordinance, Article III A, Section 100-30 A.2 (Article
XXV, Section 100-253 A), as disapproved, for permission to
construct a retail/office complex, proposed construction is not
permitted in this R-40 Zone District. Property Location: 29950
Main Road, 30 Pequash Avenue, Cutchogue, County Tax Map No.
1000, Section 102, Block 03, Lot 01.
7:55 p.m. Appl. No. 3915 - JORDAN'S PARTNERS. Variance to
the Zoning Ordinance, Article VII, Section 100-71, as
disapproved for permission to construct office and retail
stores. Proposed construction is not permitted use in this
District. Property Location: 1000 Main Street and 160 Main
Road, Greenport, County Tax Map No. 1000, Section 34, Block 2,
Lot 1.
The Board of Appeals will at said time and place hear any
and all persons or representatives desiring to be heard in each
of the above matters. Written comments may also be submitted
prior to the conclusion of the subject hearing. Each hearing
will not start before time allotted. Additional time for your
presentation will be available, if needed. For more
information, please call 765-1809.
Dated May 21, 1990
BY ORDER OF THE SOUT~OLD
TOWN BOARD OF APPEALS
GERARD P. GOEHRINGER
CHAIRFukN
By Doreen Ferwerda
NOTICE OF HEARINGS
NOTICE OF HEREBY
GIVEN, pursuant to Section
267 of the Town Law and the
Code of the Town of Southold,
the following hearings will be
held by the SOUTHOLD
TOWN BOARD OF APPEALS
at a Regular Meeting, at the
Southold Town Hall, Main
Road, Southold, NY 11971, on
THURSDAY, FEBRUARY 1,
1990, at the following times:
7:30 p.m. Appl. No. 3902--
HENRY HUNSTEIN. Variance
to the Zoning Ordinance, Arti-
cle III A, Section 100-30.3,
(100-33), as disapproved, for
permission to construct ac-
cessory building in frontyard
area. Property Location: 90
Kimberiy Lane and 135 North
Bayview Road, Southold, Coun-
ty Tax Map No. 1000, Section
70, Block 13, Lot 2020.
7:35 p.m. Appl. No. 3901-
THOMAS ESCHMANN.
Variance to the Zoning Ordi-
nance, Article Ill A, Section
100-30 A.4, (100-33), as disap-
proved for permission to con-
struct accessory building in the
frontyard area and accessory
shower in sideyard area. Proper-
ty Location: 495 Mesrobian
Drive, Laurel, County Tax Map
No. 1000, Section 145, Block 4,
Lot 10.
7:40 p.m. Appl. No. 3905--
ANTHONY J. MERCOREL-
LA. Variance to the Zoning Or-
dinance, Article XXIII, Section
100-239.4 B, as disapproved, for
permission to construct deck ad-
dition to dwelling, proposed
construction will be less than 75
ft. from the bulkhead. Proper-
ty Location: 2260 Great Peconic
Bay Boulevard, Laurel, County
Tax Map No. 1000, Section 145~~
_ Block 4, Lot 4.
7:45 p.m. Appl. No. 3904--
HARRIET SPILMAN. Vari-
ance to the Zoning Ordinance,
Article XXIII, Section 100-239.4
B, for permission to construct
addition to existing dwelling.
Proposed construction will be
less than 75 ft. from the bulk-
head. Property Location: 1730
West Creek Avenue, Cutchogue,
County 7hx Map No. 1000, Sec-
tion 110, Block I Lot 7.3.
7:50 p.m. Appl. No. 3900--
GERHARD SCHREMMER.
Variance to the Zoning Ordi-
nance, Article XXIV, Section
100-244 B, for permission to
construct a one family dwelling,
proposed construction will have
insufficient front and side yard
setbacks, lot has insufficient
width. Property Location 1380
Oak Drive, Southold, County
'lhx Map No. 1000, Section 080~' ~
Block 02, Lot 001.
7:55 p.m. AppL No. 3897--
PARKER J. WICKHAM. Vari-
ance to the Zoning Ordinance,
Article XIII, Section 100-132,
for permission to construct a
building for antique vehicles,
proposed construction will have
bulk, area and parking regula-
tions and insufficient side yard
setback. Property Location: 410
Airway Drive, Mattituck, Coun-
ty 'Pax Map No. 1000, Section
123, Block 01, Lot 02.
8:00 p.m. Appl. No. 3899--
AGNES AND CHERYL PAG-
NOZZI. Variance to the Zoning
Ordinance, Article XXIV, Sec-
tion 100-244 B, for permission
to construct an addition to ex-
isting dwelling, proposed con-
struction will have insufficient
side yard. Property Location:
1450 Jockey Creek Drive'
Southold, County Tax Map No.c~
1000, Section 70, Block 5, LOt
17. '
8:05 p.m. Appl. No. 3898--
PECONIC BAY VINEYARDS.
Special Exception to the Zoning
Ordinance, Article VII, Section
100-71 B (6) for permission to
use existing barn for winery pro-
duction and storage. Property
Location: 32180 Main Road,
Cutchogue, County Tax Map
No. 1000, Section 103, Block 01,
LOt 19.2.
8:10 p.m. Appl. No. 3882--
BIDWELL WINERIES. Special
Exception to the Zoning Ordi-
nance, Article Ill, Section
100-30, for approval of con-
sumer tasting and retail sales
from the winery. Property Loca-
tion: Route 48, Cutchogue,
County Tax Map No. 1000, Sec-
tio.~q~, Block 4, Lot 4.3. ~
8:15 p.m. Appl. NO.
ROBERT OCHSENREITERc;
AND EDWARD LENCESKE'/
Variance for reversal of building
permit to construct a one fami-
ly dwelling. Property Location:
565 Bayer Road, Mattituck,
County Tax Map No. 1000, Sec-
tion 139, Block 3, Lot 14
''d
SRC8:20 p.m. Appl. N~L~._
OBERT AND ETHELLE
HROEDER. Variance for re-
versal of building inspector for
change of use of land and exist-
lng building without obtaining
a Certificate of Occupancy. Pro-
perty Location: 4380 Main
Road, East Marion, County Tax
Map No. I000, Section 35,
,~,,igg~,~, Lot4.
8:25 p.m. Appl. No. 3~70--
PORT OF EGYPT. Variance to
the Zoning Ordinance, Article
XII, Section 100-121C-122, Sec-
tion 100-239d, as disapproved
for permission to construct Boat
Storage Building with insuffi-
cient setbacks and excessive 1o6
coverage in this Marine II (M-
II) Zoning District. Property
Location: Main Road,
Southold, County Tax Map No.
1000, Section 056, Block 04, 06,
Lot 10.1, I1, 12.2, 3.2, 3.3, 4, 6.1.
The Board of Appeals will at
said time and place hear any and
all persons or r~presentatives de-
siring to be heard in each of the
above matters. Written com-
ments may also be submitted
prior to the conclusion of the
subject hearing. Each hearing
will not start before time allot-
ted. Additional time for your
presentation will be available, if
needed. For more information,
please call 765-1809.
Dated: January 22, 1990
BY ORDER OF
THE SOUTHOLD TOWN
BOARD OF APPEALS
GERARD E GOEHRINGER
CHAIRMAN
)~.! By Dorcen Ferwerda
IX, 1/25/90 (7)
COUNTY OF SUFFOLK
STATE OF NEW YORK
Patricia Wood, being duly sworn, says that she is the
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
a public newspaper printed at Southold, in Suffolk County;
and that the notice of which the annexed is a printed copy,
has been published in said Long Island Traveler-Watchman
once each week for ..................... ~/ ..... weeks
successively, commencing on the ......... .-~. rS].~]. .......
day of . . ]~'~ ........ 19 .?.u.. ~'~
Sworn to before me this ....... .c~.3]..~] ........ day of
19
Notary Public BARBARA A. SCHNEIDER
N~T, Y t ,~,; .,~, ,~te o ~ew York
r.,1, ~,
IdTo B d lApp Is
MAIN ROAD ' STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 76~18~
FAX NO. (516} 76~1823
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRtGONIS, JR.
SERGE DOYEN, JR.
JOSEPH H. SAWlCKI
JAMES DINIZI0, JR.
TO WHOM IT MAY CONCERN:
Enclosed herewith as confirmation of the time, date and
place of the public hearing concerning your application is a
copy of the Legal Notice, as published in the Long Island
Traveler-Watchman, Inc. and Suffolk Times, Inc.
Please have someone appear in your behalf at the time
specified in the event there are questions brought up during the
same and in order to prevent a delay in the processing of your
application. Your public hearing will not start before the
times allotted in the attached Legal Notice.
Please feel free to call our office prior to the hearing
date if you have questions or wish to update your file.
Yours very truly,
GERARD P. GOEHRINGER
CHAIP/~AN
dff
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
JOSEPH H. SAWlCKI
JAMES DINIZIO, JR.
Southold Town Board of Appeals
MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, I-.I., N.Y. 11971
TELEPHONE (516) 765-1809
FAX No. (516) 765-1823
NOTICE OF HEARINGS
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town
Law and the Code of the Town of Southold, the following hearings
will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular
Meeting, at the $outhold Town Hall, Main Road, Southold, NY
11971, on THURSDAY, FEBRUARY 1, 1990, at the following times:
7:30 p.m. Appl. No. 3902 - HENRY HUNSTEIN. Variance to the
Zoning Ordinance, Article III A, Section 100-30.3, (100-33)', as
disapproved, for permission to construct accessory building in
frontyard area. Property Location: 90 Kimberly Lane and 135
North Ba!rview Road, Southold, County Tax Map No. 1000, Section
70, Block 13, Lot 20.20.
Page 2 - Notice of Hearings
Southold Town Board of Appeals
Regular Meeting of February 1,
1990
7:35 p.m. Appl. No. 3901 - THOMAS ESCHMANN. Variance to
the Zoning Ordinance, Article III A, Section 100-30 A.4,
(100-33), as disapproved for permission to construct accessory
building in the frontyard area and accessory shower in sideyard
area. Property Location: 495 Mesrobian Drive, Laurel, County
Tax Map No. 1000, Section 145, Block 4, Lot 10.
7:40 p.m.
to the Zoning Ordinance, Article XXIII, Section 100-239.4 B,
disapproved, for permission to construct deck addition to
dwelling, proposed construction will be less than 75 ft. from
the bulkhead. Property Location: 2260 Great Peconic Bay
Boulevard, Laurel, County Tax Map No. 1000, Section 145, Block
4, Lot 4.
Appl. No. 3905 - ANTHONY J. MERCORELLA. Variance
as
7:45 p.m. Appl. No. 3904 - HARRIET SPILMAN. Variance to
the Zoning Ordinance, Article XXIII, Section 100-239.4 B, for
permission to construct addition to existing dwelling, proposed
construction will be less than 75 ft. from the bulkhead.
Property Location: 1730 West Creek Avenue, Cutchogue, County
Tax Map No. 1000, Section 110, Block 1 Lot 7.3.
Page 3 - Notice of Hearings
Southold Town Board of Appeals
Regular Meeting of February 1,
1990
7:50 p.m. Appl. No. 3900 - GERHARD SCHREMMER. Variance to
the Zoning Ordinance, Article XXIV, Section 100-244 B, for
permission to construct a one family dwelling, proposed
construction will have insufficient front and side yard
setbacks, lot has insufficient width. Property Location 1380
Oak Drive, Southold, County Tax Map No. 1000, Section 080, Block
02, Lot 001.
7:55 p.m. Appl. No. 3897 - PARKER J. WICK/~AM. Variance to
the Zoning Ordinance, Article XIII, Section 100-132, for
permission to construct a building for antique vehicles,
proposed construction will have bulk, area and parking
regulations and insufficient side yard setback. Property
Location: 410 Airway Drive, Mattituck, County Tax Map No. 1000,
Section, 123, Block 01, lot 02.
8:00 p.m. Appl. No. 3899 - AGNES AND CHERYL PAGNOZZI.
Variance to the Zoning Ordinance, Article XXIV, Section 100-244
B, for permission to construct an addition to existing dwelling,
proposed construction will have insufficient side yard.
Property Location: 1450 Jockey Creek Drive, Southold, County
Tax Map No. 1000, Section 70, Block 5, Lot 17.
Page 4 - Notice of Hearings
Southold Town Board of Appeals
Regular Meeting of February 1,
1990
8:05 p.m. Appl. No. 3898 - PECONIC BAY VINEYARDS. Special
Exception to the Zoning Ordinance, Article VII, Section 100-71 B
(6), for permission to use existing barn for winery production
and storage. Property Location: 32180 Main Road, Cutchogue,
County Tax Map No. 1000, Section 103, Block 01, Lot 19.2.
8:10 p.m. Appl. No. 3882 - BIDWELL WINERIES. Special
Exception to the Zoning Ordinance, Article III, Section 100-30,
for approval of consumer tasting and retail sales from the
winery. Property Location: Route 48, Cutchogue, County Tax Map
No. 1000, Section 96, Block 4, Lot 4.3.
8:15 p.m. Appl. No. 3908 - ROBERT OCHSENREITER AND EDWARD
LENCESKI. V~riance for reversal of building permit to construct
a one family dwelling. Property Location: 565 Bayer Road,
Mattituck, County Tax Map No. 1000, Section 139, Block 3, Lot 14.
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TOWN OF SOUTHOLD
COUNTY OF SUFFOLK : STATE OF NEW YORK
SOUTHOLD TOWN ZONING BOARD OF APPEALS :
HEARING, :
Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York
11971
May 30, 1990
7:36 P.M.
B e f o r e:
GERARD P. GOEHRINGER, Chairman
APPEALS BOARD MEMBERS:
CHARLES GRIGONIS,
SERGE DOYEN, JR.
JOSEPH H. SAWICKI
J~ES DINIZIO, JR.
JR., Absent
Also Present:
Doreen Ferwerda
Board Secretary
GAIL ROSCHEN
Official Court Reporter
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and reserving decision until later.
MR. SAWICKI: Second.
THE CHAIrmAN: Ail in favor?
MR. DOYEN: Aye.
MR. SAWICKI: Aye.
MR. DINIZIO: Aye.
THE CHAIRMAN: The next appeal is
Number 3895, in behalf of the firm of Wickham,
Wickham & Bressler and we ask Mr. Bressler if
there is something he would like to furnish
us with?
MR. BRESSLER: Yes.
For the Applicant:
Wickham, Wickham & Bressler, P.C., Main Road,
Mattituck, New York 11952, by Eric J. Bressler.
At this time, gentlemen of the Board,
I have been instructed by my client to withdraw
this application without prejudice. I apologiz.
to the Board members for the late notice and
any members of the public who are in the
audience tonight who thought there would be
something happening, but only this afternoon
I communicated with Mr.
his intentions to me in
THE CHAI~V~%N:
Schroeder who expressed
this regard.
Would you furnish us with
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a letter?
MR. BRESSLER:
THE CHAIrmAN:
MR. BRESSLER:
obviously,
17
Certainly.
We appreciate that.
Because of the lateness,
I did not have time to get one.
THE CHAIRMAN: Thank you so much.
Anybody else? In this particular case,
it is kind of pro forma that we are going to
accept the request. I do not knot; what other
avenues are involved here, so if there is
anybody in the audience that is concerned abou-
this, I would suggest they contact the Town
Attorney after we are in receipt of the letter
which basically is something we have, at
this point, even though it is not reduced to
writing. I make a motion -- what I better
do is recess it pending the receipt of the
letter, and what I will do is actually close
it pending the receipt of the letter.
MR. SAWICKI: Second.
THE CHAIRMAN: Ail in favor?
MR. DOYEN: Aye.
MR. SAWICKI: Aye.
MR. DINIZIO: Aye.
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CERTIFICATION
34
I, Gail Roschen, an Official Court Reporter,
do hereby certify that the foregoing is a true and
accurate transcript of my stenographic notes taken on
May 30, 1990.
GA~L Rosc~N
COUNTY OF SUFFOLK : TO~q OF SOUTHOLD
TOI'~ OF SOUTHOLD :
Versus
ROBERT SCHROEDER,
ETHEL SCHROEDER,
Defendants :
May 15, 1987
Southold, New York
BEFORE: HON. FREDERICK J. TEDESCHI, Justice
APPEARANCES: FRANCIS YAKOBOSKI; ESQ., Town Attorney
biS. PATRICIA ~OORE, Attorney for the Defendants
Myrtle K~ ·
Court Report:~r
Conference/Disposition re:
Robert and Ethel Schroeder
Pages 3 - 11
This is the matter of the Town of Southold
versus Robert Schroeder and Ethel Schroeder
held in Southold Town Justice Court on May
15, 1987 before the Honorable Frederick J.
Tedeschi, Justice.
THE COURT:
Number 62.
(Mr. Yakoboski and Ms.
bench.)
THE COURT~
MS. MOORE:
him proper
THE COURT:
Robert and Ethel Schroeder,
Moore before the
May 29, Trial Date, per~ptoril'
I object. You're not giving
ti~e for an attorney.
You had six months and you coul
have gotten all the attorneys you wanted.
Everybody's in on this case. It has to be
resolved and I'm not going to drag it on.
MS. MOORE: Your Honor, I'm going to make a
request if it goes to trial that we get
another judge, that we ask for another judge
THE COURT:
MS. MOORE:
THE COURT:
let's
I'll deny that application.
Exception.
I'm not a prejudiced man. Just
look at those pictures.
MS. MOORE: I believe you've had prior deal.
ings with Mr. Schroeder?
THE COURT: I've never represented ~r.
Schroeder. I have been on opposite sides
of the fence with Mr. Schroeder. He's a
fine gentleman but like everybody else, we
must comply with the law.
I'd just like to make my excep-
MS. MOORE:
tion.
THE COURT:
Your exception is noted, May
29th for trial.
MR. YAKDBOSKI: May we respectfully set a
time?
THE COURT: 11:30.
MR. YAKOBOSKI: May we go off the record?
THE COURT: Yes.
(Off the record discussion between 14r. Yako-
boski and Ms. Moore and the Court.)
(Continuation on the record)
MR. YAKOLOSKI: I'm proposing that ~r.
Schroeder plead guilty to two of the three
counts in the information that is before
the Court and that there be a fine and no
other type of punishment. A fine totaling
one thousand dollars, and that he immedi-
ately remove ---
THE COURT: That means like one day or two?
MR. YAKOBOSKI: That is immediately, that
he remove the crane which is situated on
the east side of the building on this
premises·
THE COURT: It is the east side?
MR. YAKOBOSKI: Yes.
THE COURT: Toward the Kron property?
MR. YAKOEOSKI: Yes.
MS. MOORE: For the record, he went out to
survey and Kron had no complaints about him
storing property ---
MR. YAKOEOSKI: Immediately remove the
crane on the east side of the building and
that he remove and not park any of his con-
struction equipment in the front yard of
this parcel henceforth and that furthermore,
the crane which is currently behind the
building ---
~R.~L~SARD~ ~ Your client must understand
that trucks are a part of construction equip
ment.
THE COURT: Including trucks.
MR. YAKOBOSKI: That the crane which is at
the rear of the building, that the boom be
lowered to the ground. He knows how to
make it safe so not to create a dangerous
situation and that be permitted to remain
until the 15th of July at which point that
piece of equipment is gone, the parcel is
never used again.
THE COURT: If I may interrupt, Mr. Yakobosk
that's all that was there?
MR. YAKOBOSKI: All that was there as of
this morning were two cranes and this truck.
There were two pick-ups and big dumpsters---
THE COURT: So, in other words you're really
saying is to keep one crane in the back pro-
vided the boom hits the ground, until the
15th at which point that is gone and no
other equipment can be there?
MR. YAKOBOSKI: Yes.
THE COURT: Are we clear on that?
MS. MOORE: I'm clear.
THE COURT: I want everybody to be clear and
no misunderstandings..
MR. YAKOBOSKI: During that period of time,
barring any breach of this proposal or agre~
ment, we will not file any other charges
against him for that crane continuing to be
there.
THE COURT: The date is July 15th?
~4R. YAKOBOSKI: Yes. May we go off the
record?
THE COURT: Yes.
(Off the record conference between Mr. Yak-
oboski, Ms. Moore and the Court.)
(Continuing back on the record.)
MR. YAKOBOSKI: Your Honor, after much dis-
cussion we are going to put before the Cour-
a proposal to resolve the matter of People
versus Robert Schroeder and Ethel Schroeder
Your Honor, first I have an application
that in contemplation of a plea of guilty
to two of the three counts alleged in the
information which is before the Court, and
that information I don't have a docket num-
ber, Your Honor.
THE COURT: There it is. (Indicating) I
don't know if it's on there. Take a look.
MR. YAKODOSKI: That at that time, we
respectfully move to dismiss as to Ethel
Schroeder and that is as I said, in contem-
plation of a plea of guilty to counts nun-
ber one and two on the information. We woul¢
recommend to the Court and the defendant ha~
accepted that there be a fine imposed of
one thousand dollars and that further, the
construction equipment including the truck
currently on the premises which is on Main
Road in East Marion; a condition consists
of a crane, truck and dumpsters~ be removed
forthwith. By that we mean no later than
Tuesday of this coming week.
THE COURT: That is the 19th ?
MR. YAKODOSKI: Yes, it should be removed
by the 19th day of May, 1987 and that the
crane which is the second crane which is on
the premises to the rear building be per-
mitred to remain on the site so long as the
boom is lowered to the ground to reduce any
visibility from the highway and also may be
for safety purposes.
THE COURT: That the crane in the rear build
ing, that be permitted to remain till the
15th day of July, after which time on or
before such date it be removed. Therefore
no construction equipment including the
trucks dumpsters or the like or any constru
tion material ---
MR. LESSARD:~ Not, '~therefore no more con-
struction equipment." Put it after July
15th.
MR. YAKOBOSKI: That henceforth commences
the 19th.
MR. LESSARD: That no construction equipment
including construction materials, grading
materials, stones, topsoil, sand and the
like be stored on those premises.
MR. YAKOBOSKI: We also respectfully reques~
the third count be withdrawn. I think it is
referred to as count four on the informatior
but that count be withdrawn and we understa
that Counsel has authorization and has talkE
to her client.
THE COURT: Just to clarify, maybe summarize
so we all understand what it's all about and
correct me, Ms. Moore and Mr. Yakoboski, if
IEm not accurate.
The defendant who Ms. Moore is his
attorney, agrees to immediately remove one
10.
crane and that's on May 19, 1987, one crane
located on the east side of the premises.
MR. YAKOBOSKI: Correct.
THE COURT: He's going to remove and not
park any construction equipment whatsoever,
in front of the premises.
MR. YAKOBOSKI: Correct.
THE COURT: We're speaking of May 19, 1987
as the deadline here. The crane in the rear
the boom is to be lowered to the ground and
it is to be removed by July 15, 1987.
MR. YAKOBOSKI: Correct.
~R. LESSARD: NO other equipment is to be
on the premises. Everything is to be gone
and to be removed by July 15, 1987.
MS. MOORE: I don't know what equipment
we're talking about.
~R. LRSSARD:~ Then he will not bring it back.
MR. YAKOBOSKI: Not operate a turnstile
operation. That's gone as of the 19th.
THE COURT: Ms. Moore, pursuant to your wit-
ness's authorization dated May 15, 1987 whic~
has been submitted to the Court and which wa:
acknowledged on May 15, 1987, how do you
plead to count number one and count number
two on behalf of your client?
MS. MOORE: As to Ethel Schroeder, I believe
the counts have been dropped.
THE COURT: That was dismissed.
MS. MOORE: As to Mr. Schroeder, guilty to
counts one and two.
THE COURT: I notice you have authority in-
cluding but not limited to accepting sent-
ence and/or fine. How are you going to
pay this fine?
MS. MOORE: I have a check to pay today.
THE COURT: Dismissed as to Ethel Schroeder
So now we need cooperation to carry this
out.
MS. MOORE: He indicated he would do so.
Unfortunately I was not able to speak to
Mr. Schroeder. I spoke to Mrs. $chroeder
and she said, ~Yes.~
THE COURT: Fine. Thank you.
11.
12.
CERTIFICATION
I, Myrtle Kiefer, Official Court Reporter, hereby
certify that the foregoing pages are a true and correct
transcript of the Justice Court proceedings held on
May 15, 1987 at Southold Town Justice Court, in this matter.
Date
Myrt~ K~lefer,~ ff
CourtReporter
Page 5 - Notice of Hearings
Southold Board of Appeals
Regular Meeting of February 1, 1990
/~ 8:20 p.m. Appl. No. - ROBERT AND ETHELLE SCHROEDER~
/Variance for reversal of building inspector for change of use of
/ land and existing building with°ut °btaining a Certificate °f
Occupancy. Property Location: 4380 Main Road, East Marion,
~M~p No. 1000, Section 35, Block 5, Lot 4. ~__~_
8:25 p.m. Appl. No. 3770 - PORT OF EGYPT. Variance to the
Zoning Ordinance, Article XII, Section 100-121C - 122, Section
100-239d, as disapproved for permission to construct Boat
Storage Building with insufficient setbacks and excessive lot
coverage in this Marine II (M-II) Zoning District. Property
Location: Main Road, Southold, County Tax Map No. 1000, Section
056, Block 04, 06, Lot 10.1, 11, 12.2, 3.2, 3.3, 4, 6.1.
The Board of Appeals will at said time and place hear any
and all persons or representatives desiring to be heard in each
of the above matters. Written comments may also be submitted
prior to the conclusion of the subject hearing. Each hearing
will not start before time allotted. Additional time for your
presentation will be available, if needed. For more
information, please call 765-1809.
Dated January 22, 1990
BY ORDER OF THE SOUTHOLD
TOWN BOARD OF APPEALS
GERARD P. GOEHRINGER
CHAIRMAN
By Doreen Ferwerda
SoQthold Town Board of Appeals
Regular Meeting of February 1, 1990
Copies to the following on or about January 24, 1990
Suffolk Times, Inc.
L.I. Traveler Watchman
Town Clerk Bulletin Board (Main Lobby)
ZBA Office Bulletin Board (East Hall)
ZBA B6~d Members (with c6pies of files)
ZBA Individual Files
Mr. H. Hunstein
302 Saville Rd., Mineola, NY 11501
Riverside Homes, as Agent for Thomas Eschmann
1159 W. Main St., P.O.Box 274, Riverhead, NY 11901
Mr. Anthony Mercorella
131 Duxbury Road, Purchase, NY 10577
Karen Hagen, Esq. for Harriet Spilman
Wickham, Wickham, Bressler
Main Road, P.O. Box 1424~ Mattituck,
NY 11952
Salvatore DiSalvo as Agent for Gerhard Schremmer
47-39 162nd Street, Flushing, NY 11358
J. Parker Wickham
410 Airway Drive, Mattituck, NY 11952
Louise Beck Schnabel for Pagnozzi
1600 Jockey Creek Drive, Southold, NY 11971
Cheryl Pagnozzi
1450 Jockey Creek Drive, Southold, NY 11971
Mr. Ray Blum for Peconic Bay Vineyards
Main Road, P.O. Box 709, Cutchogue, NY 11935
Mr. Kerry Bidwell for Bidwell Wineries
Route 48, Cutchogue, NY 11935
Daniel Ross, Esq. for Ochsenreiter and Lenceski
Wickham, Wickham & Bressler
Main Road, P.O. Box 1424, Mattituck, NY 11952
Daniel Ross, Esq. for Robert & Ethelle Schroeder
Wickham, Wickham & Bressler
Main Road., P.O. Box 1424, Mattituck, NY 11952
Southold Town Board of Appeals
Regular Meeting of February 1, 1990
Copies to the following on or about January 24, 1990
Mr. Theodore Traturis for Robert & Ethelle Schro6d~r
5804 7th Avenue, Brooklyn, NY 11220
Mr. Eraklis Apodiacas for Robert & Ethelle Schroeder
7122 Ridge Boulevard, Brooklyn, NY 11209
Mr. David Gilli~spie for Robert & Ethelle Schroeder
221 North Road, Greenport, NY 11944
Mr. Merlon Wiggin for Port of Egypt
Peconic Associates, i Bootleg Alley, Greenport, NY 11944
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
JOSEPH H. SAWlCKI
JAMES DINIZIO, JR.
Southold Town Board of Appeals
HAIN RnAD- BTATE RaAD 25 Sl3UTHaLD, L.I., N.Y'. 11971
TELEPHONE (516) 765-1809
TYPE II
February l,
ACTION DECLARATION
1990
Appeal No. 3895
Project/Applicants:
County Tax Map No.
Location of Project:
Robert and Ethelle Schroeder
1000- 35-5-4-
4380 Main Road, East Marion
Relief Requested/Jurisdiction Before This Board in this Project:
Reversal of building inspector for chahge of use of
land and existing building without obtaining certificate
of occupancy.
This Notice is issued pursuant to Part 617 of the
implementing regulations pertaining to Article 8 of the N.Y.S.
Environmental Quality Review Act of the Environmental
Conservation Law and Local Law ~44-4 of the Town of Southold.
An Environmental Assessment (Short) Form has been submitted
with the subject application indicating that no significant
adverse environmental effects are likely to occur should be
project be implemented as planned.
It is determined that this Board's area of jurisdiction
concerning setback, area or 16t-line variances determines this
application to fall under the established list of Type II
Actions. Pursuant to Section 617.2jj, this Department is
excluded as an involved agency.
This determination shall not, however, affect any other
agency's interest as an involved agency under SEQRA 617.2jj.
For further information, please contact the Office of the
Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at
(516) 765-1809.
tr
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
OFFICE OF THE TOWN CLERK
TOWN OF $OUTHOLD
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
TELEPHONE
(516) 765-1801
To: Southold Town Zoning Board of Appeals
From: Judith T. Terry, Southold Town Clerk
Dated: No~ember 27, 1989
Transmitted herewith is Zoning Appeal No. 3895
Robert & Ethelle Schroeder
· application of
for a variance. Also included is: Notification to Adjacent Property Owners;
Short Environmental Assessment Form letter relative to NYS Tidal Wetlands
Land Use; Notice of Disapproval from the Building Department; survey of
property; and any other attachments relative to this application.
Judith T. Terry
APPEAL FROM ]I;)[~I~OF BUILDING INSPECTOr0v 2 ? 1989 APPEAL NO.
,~, Di-~ ~ W, DATEN'''°~''~ ............ /,. 198cJ
TO THE ZONING BOARD OF APPEALS, TOWN OF ~LTIB,W~I.C~.rk
K (We) ..P~be~t..&,~Ethelle..$chr~eder ............ of ..... 2~.9, Q.,c~t;~..~?c~L..P~,~...~cior~ ..............
Name of Appellant Street and Number
Town of Southold, New York IdFRI:RY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE ~OF THE BUILDING INSPECTOR ON
;/~Fm~KX~g( DATED: 10/3/88 ~
zsSUED
WHEREBY THE BUILDING INSPECTOR]O~N~I~ TO
( )
( )
ROBERT & E'134~J,~ SCHR0~)ER
Name of Applicant for permit
of
2190 S'cars Road East Mar±on~ New.YD~.~...
Street and Number Municipality ,. State
PERMIT TO USE
PERMIT FOR OCCUPANCY
( )
1. LOCATION OF THE PROPERTY ..~..3..8..°...:.~...'.~........~..,d.~.....~....s..~..;~.{...a~.,~.°.~..: ............................ .~. .............
Street and Hamlet Zone
' ...... OWN .R (S): ...........................
Mop No. Lot No.
DATE PURCHASED: .....................
ORDER
2. PROVISION (S) OF THE ZONING ORDINANCE ~
(Indicate the Article Section, Sub-
section and Paragraph ol~ the Zoning Ordinance by number. Do not quote the Ordinance.)
~CQQQQ~ Chapter 100-144 A/ Chapter 100-141-4A
(X
TYPE OF APPEAL Appeal is made herewith for
A VARIANCE to the Zoning Ordinance or Zoning Map
A VARIANCE due to lack of access (State of New York Town Law Chop. 62 Cons. Laws
Art. 16 Sec. 280A Subsection 3
Reversal of Order of Building Inspector
4. PREVIOUS APPEAL A previous appeal ~ (has not) been made with respect to this decision
of the Building Inspector or with respect to this property.
Such appeal was ( ) request for a special permit
( ) request for a variance
and was made in Appeal No ................................. Dated ......................................................................
REASON FOR APPEAL
( ) A Variance to Section 280A Subsection 3
( ) A Variance to the Zoning Ordinance
(X) Reversal of Order of Building In _spector
is requested for the reason that ~ the order of the building inspector,
copy annexed as Exhibit A, is erroneous, as more particularly set forth belc~e. The
order to remedy sets forth t]~e alleged violations of the Southold Town Zoninq Ordinance,
none of which is correct. The first alleged violation is a "change of use of an
existing building without obtaining a certificate of occupancy." There have been no
c~hange of use of any building on the premises and there is no specification in the
order of what change it is alleged has been made or the date thereof.
Porto ZB1 (Continue on other side)
REASON FOR APPEAL
Continued
The second alleged violation is "change of ~$e of land without obtaining a certificate
of occupancy". There has been no change of use of the land and there is no
specification in the order of what change it is alleged has been made or the date
thereof. The third alleged violation is "changing the use of a non-conforming
gasoline filling station without obtaining a certificate of occupancy." There has
been no change of use of any land or building and there is no specification in the
order of what change it is alleged has been made or the date thereof.
As a matter of law, due process d~ands that the applicant ~ be advised in
an order to r~edy of at least the nature and date of the conduct which it is
alleged constitutes a violation. Failure to so specify mandates a reversal of the
order. As a matter of fact, no changes have occurred in the use of either the
building or property. For these reasons the order to remedy of the building
inspector should be reversed.
In support hereof the applicant submits affidavits showing the prior use of the
property.
2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate
vicinity of this property and in this use district because other properties do not.have the
non-conformity which this property has.
3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because this property is on a main road. The property
has been used commercially as indicated by affidavits submitted herewith and there
are other commercial uses in the immediate vicinity.
STATE OF NEW YORK
COUNTY OF SU~'~OLK
)
) ss
)
Signature
~0BERT SCHI~)EDER
of ........... Nouembe: ............................. 19 89
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter or' the Petition of
ROBFRT ANI3 FTHFIII~ ~CHD~n~D
tO the Board of Appeals of the Town of Southold
TO: Southold Town Board of Appeals
Town Hal l
Main Road
Southold, NY 11971
NOTICE
TO
ADJACENT
PROPERTY OWNER
YOU ARE HEREBY GIVEN NOTICE:
1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold
to request a (Variance) (Special Exception) (Special Permit) (_O_~__h_e_~_) [c±rcle cho±ce]
Reversal of Order of Building Inspector ).
2. That the property which is the subject of the Petition is located adjacent to your property and is des-
cribed as follows: 4380 Main Road~ East Marion, New York
SCTM No. 1000/35/5/4
3. That the property which is the subject of such Petition is located in the following zoning district:
A Zone
4. That by such Petition, the undersigned will request the following relief:
Reversal of Order of Building Inspector
$. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
. signedare Article SectJ. cX~ Chapter IO0-1z~ZSA: £han_ I~I(/-lZ~I-ZSA
[ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way.
6. That within five days from the date hereof, a written Petition requesting the relief specified above will
be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma)' then and there
examine the same during regular office hours. (5'16) 765-'1809.
7. That before the relief sought may be granted, a public hearing must be held on the matter by the
Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such
hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the
Town of Southold and designated for the publication of such notices; that you or your representative have the
right to appear and be heard at such hearing.
November /aj 1989
Dated:
Petitioner
Owners ' Names: Robert & Ethelle Schroeder
Post Office Address
2190 Stars Road
East Marion, N.Y. 11911939
NAME
Mr. Eraklis Apodiacas
Mr. Robert Heaney
PROOF OF MAILING OF NOTICF
ATTACH CERTIFIED MAIL RECEIPTS
ADDRESS
7122 Ridge Boulevard
Brooklyn, New York
Main Road
Greenport, New York
11209
11944
P SD& 954 936
RECEIPT FOR CERTIFIED MAIL
(See Reverse)
7122 Ridn~ RnHlpv?~rH
Brooklyn, NY 11209
TOTAL P ta~ and
Postmark~r ~le~ /
STATE OF NEW YORK )
COUNTY OF SUFFOLK)
P 80& 954 919
RECEIPT FOR CERTIFIED MAIL
ND INSURANCE CDV£P, AGE PROVIDED
NDT FOR INTERNATIONAL MAIL
(See Reverse)
sem~°ober t Heaney
Street and No
Main Road
PO State and ZiP Cod
C~reenport, ~NY 11944
Ce.ihod Fee 5
Special Delivery Fee
Return Receipt show~ng
t~ whom and Dste Delivered
Virginia Maginn , residing at 850 Bunqalow Lane,
Mattituck, NY 11952 , being duly sworn, deposes and says that on the day
of November /c.R.) , ] 9 89 , deponent mailed a true copy of the Notice set forth on the re-
verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective
names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on
the current assessment roll of the Town of $outhotd; that said Notices were mailed at the United States Post Of-
fice at Matti tuck: New York ; that said Notices were mailed to each of said persons by
(certified) (Reg~R~ mail.
Sworn to before me this
dayj~f November ,19 89
Notar~ub~-
/ 6~ - ~i-rgini~Mag~nn
(This side does not have to be completed on form transmitted to adjoining
property owners.)
q
r ?
-["OWN OF: ::4:~1'1't40~_ . ["4...
£/
/
FORM NO. 4
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
Office of the Building Inspector
Town Hall
Southold, N.Y.
Certificate Of Occupancy
Z10589
Date ....... .O.u.~.y...1.7., ................. 19 ..8.1
THIS CERTIFIES that the building ................................................
Location of Property ..... ~ 3..8.0..~a..~.n...R..o.a.d.,...g.~....2..5 ....... .G.v.e..e.n.p.o.v..~.,..N.e. ¥. ?.o.r..k.
House No. Street Ham/et
County Tax Map No. I000 Section .... .3.5. ..... Block .... .5 .......... Lot . .4. ..............
Subdivision ............................... Filed Map No ......... Lot No. '
requirements for a Public Garage built prior to
conforms substantially to tho~,~ppli~i~eion-fer-.B~i~d~ng--P~rmi~--h~-.~ffor~-fil~ff~fi~-
...... .A.p v..i .1..2.3. ..... , 19 5. 7. pursuant to whic~ ~ ~i~l~t'-l~.- .~.c.c.u.p..a .n.c.y...g .1 9.5.8. 9...
dated .... J..u.~.y.. 1. .7 ................ 19.8. !, was issued, and conforms to all of the requirements
of the applicable provisions of the law. The occupancy for which this certificate is issued is .........
.............. ~.. v.~?.z.~?. 9.a.,?..g.e..,.o.~.?.-.c.o.~.t..o.~.~.t..%g..t.~.. ?.?. i,.~.,'.. ~.?.~.t.a.e.p:t.t.~.Z...-
AgriculturalDistrict.
The certificate is issued to ........................ Will3.am. B.~i 1~o ...................
{owner, le_ss~.o_r Je. p~O2i _
of the aforesaid building.
Suffolk County Department of Health Approval ..... .t,I/B .................................
UNDERWRITERS CERTIFICATE NO. N 'P~
Building Inspector
Rev. 1/81
inures Board of Appeals
May 29, i958
A regular meeting of the Southold Town Board of Appeals was
held at the Town Clerk's Office, Southold, New York, on Thursday
evening, May 29, at 7:30 P.M.
There were present: Mr. R.W. Gillispie, Jr.; Chairman, Mr.
Robert Bergen, Mr. Herbert Rosenberg and Mr. Charles Grigonis, Jr.
Absent: Mr. Serge Doyen, Jr.
Also presnet; Mr. Howard M. Terry, Building Inspector.
PUBLIC HEARING: Appeal No. 63 - Application of C~arles M.
King of Sunset Shores, East Marion, New York, for a special e%ceptio~
under the Zoning Ordinance to demolish present gasoline filling
station and erect a new gas station on the s~me loc~t~on.
Application was read by the Choirman as well as the legal notic-
of public hasting and affidavit from the Long Island Traveler-Mattit'
Watchman attesting to the public~tlon of notice, and letter to uapp-
licant advising date of public hearing.
Chairman: Is there anyone present who wishes to speak for
this application?
ME, King submitted a blueprint of the proposed gas station
building for the Board's review. Discussion was held regarding
distance from easterly line of property to east side of present
buildingbuilding, a distance of approximately 16 feet. A
possibility of acquiring fifty feet additional frontage on the East
exists. Discussion was also held on the proposed location, se~back~
tank size and location, etc.
Chairman: Is there anyone present who wishes to speak against
this application?
No one spoke against the appeal. General conditions relative
to gasoline stations, ~ipulsted in the ~inutes of April 3, 1958,
were read and imposed. Discussion was held regarding relocating
present sign and it was the decision of the Board that the sign
must he moved~ if necessary, to conform to five foot setback
from all property lines, in accordance with the Zoning Ordinance.
The estimated cost of the new building - $13,500.OO. It was noted
that a "B" Business district was applied for but that no action
has yet been taken by the Town Bo~rd on this Matter.
It was the Board's decision that the easterly side of the new
building should be located at least 20 feet from present easterly
property line of Charles M. King and that north side of proposed
building be located at least 20 feet south of and parallel to
lccstion of present structure.
Appeal w~s unanimously granted. Board reasoned that the new
station does not constitute an expansion of a non-conforming use
and th, t it will in fact be smaller than the present station and may
be expected to enchsnce the character of tho neighborhood.
OF SOUTHOLD, NEW YORK
ACTION OF THE ZONING BOARD OF APPEALS
Doted I~ Z4. ~.9~8
Appellant
Appeal No.
ACTION OF THE ZONING BOARD OF APPEALS OF TOWN OF SOUTHOLD
~u~et~J~ho~t~L~r~on, J~e~.. ~ork
At o meeting of the Zoning Board of Appeals on ~ ~e ~9~8
waS considered end the action indicated bel~ was taken on your
( ) Request for variance due to lack of access to property
( ) Request for o special permit under the Zoning Ordinance
( ) Request for a variance to the Zoning Ordinance
(x) ~.t for ~ o~1 ~copt~on ~o~ ~o Zon~uff O~ce
the appeal
1. SPECIAL PERMIT. By resolution of the Board it was determined that a special permit ( ) be
granted ( ) be denied pursuant to Article .................... Section .................... Subsection ................
paragraph .................... of the Zoning Ordinance, and the decision of the Building Inspector ( )
be reversed ( ) be confirmed b.~cause
2. VARIANCE. By resolution of the Bo. ard it was determined that
(a) Strict application of the Ordinance (woutd) (would not) produce undue hardship because
(b) The hardship created (is) (is not) umque and (would) (would not) be shared by all properties
ali!,.e Jn the immediate vicinity of thJs propcrty and in ;he same use district because
(c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not)
change the character of the district because
and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied
and that the previ._ous decisions of the.Buildin.cl Inspector ( ) be confirmed ( ) be'reversed
~. 8PECXAL E~C~PTZO~/ DI s,,~ml~tton o~ ~ ~ 1~ ~. ~o~e~ tl~
o~l ~opt~n ~ d~ prooent ~mlAne fSll~ o~tton ~ ereo¢ a
I~t~ ~ ~, ~bJeat ~ ~ fo~w~g mtl~t~nml "~ ~er
ZONING BOARD OF APPEALS
GFnoo Id. ~oyer
Form
La~ationl Easterly s~e of ae~ buildin5 line to be at least 20 feet fr~
pre,ant easterlY property li~ of Charles M. King. North side of new
Imllg~_-.a to be located at least 20 feet sou~h of and parallel to ~ortherly
line of pre,eat buAl~in~.
Present si~n ma~t be relocate~ to oonfor~ to five foot setheek from all
property liues, if present location is in violation of Or~nance as amendeg.
MO major repair work ihall be performed in t.be open.
Pumper lubricating an~ other devioen shall be looate~ at least fifties
(l~]feet f.~ the line of any street or highway~ right of way or
property line.
All fuel or similar substances shall ~e stored at least fifteen (15) feet
die+~nee frca any street or lot l~ue,
]~e automobiles, or automobile parte~ dit~antlod or damaged vehicles and
similar articles ~hall be stored in the open and no perkins of vel~oles,
other ~-- those being servioed~ shall be permitted,
Beard reaecmed that the sew etetXon ~oee r~t constitute aa ex,ms,ca of a nom-
ocnfo~-~ u~ an~ that it will in f~ot be ~ller ~an the present statics and
may be ~peot~d to emh~ae the character of th~ n~t~hberho~,
November ~o, 19~9
(Today ' s' Date)
To:
Re:
Southold Town Board of Appeals
Main Road
Southold, NY 11971
Appeal Application of ROBERT AND ETHELLE SCHROEDER
Location of Property: '4380 Main Road, East Mari0n~ New York
'SCTM No. 1000/35/5/4
Dear Sirs:
In reference to the New York State Tidal Wetlands Land-Use
Regulations, 6 NYCRR, Part 661, and Article 25 of the New York
State Environmental Conservation Law, please be advised that the
subject property in the within appeal application:
(please check one box)
£ ]
£ ]
May be located within 300 feet o~ tidal wetlands;
however, constructed along the w~ter-lying edge
of this property is a bulkhead in very good
condition and at leas~ 100 feet in length.*
May be located within 300 feet of tidal wetlands;
however, constructed along the water-lying edge
of this property is a bulkhead in need of (minor)
(major) repairs, and approximately feet in
length.
[ ]
May be located within 300 feet of tidal wetlands;
however, constructed along the water-lying edge
of this property is a bulkhead less than 100 feet
in length.
[ ]
May be located within 300 feet of tidal wetlands;
and there is no bulkhead or concrete wall existing
on the premises.
EX]
not appear to
Is not located within 300 feet of tidal wetlands
to ~he best of my knowledge.*
[Starred items (*) indicate your property does
fall within the jurisdiction of the N.Y.S.D.E.C.]
Sincerely yours,
Robert Schroeder
mission of this~
made by this boz
before any action is
oUORT KNVIPO'C,'.E[~TqL A.o ..... E.I, FC9:4
T:1ST?, I~TZC~ S:
(a) In order to answer the questiens in this ~hort £AF ~.s ts ~se~med %hat
preparer wlll u~e currently avallablm ~fo~t~cn conceding th~ ~ro3~ct and
}Ikely lm~cts of th~ action. It 1~ nec ~ecc~d chac addltlor.a~ ~tudl~,
or ether lnvest~Eatlon~ w~i be ~dertaken,
(b) 1S any question ha~ been answered Yes thn proJoc~ ~y be Bi.if[can% and
(c) If all question~ hav~ been answered No 1% l~ likely %km% thl~ project
(d) F. nv 1 rommen t al A~se~s~ent
1. Will project reset In a large physical ckmng~
to the project site or phTstcally alt~r more
%~n 10 acres of land? . . ..... Yes X
' 2. Will there b~ a ~Jor change %o any ~ue or
]. W~I project al%er or P~v~ a larg~ .flue% on
an existing bod~ of water? . . . . . Yes X
g, W~I proJec~ h~ve a potentially larg. Lm~c% on X
~o,~d~later quality? · · · · ' , Yes
5. W~! proJec~ si~iflcantly effect drainage ~
o~ ad3acc~ sites? ' · · ' ' · · Yo~ X No
6. Will project affect any threatened or endangered
plant or anLvnl ~pecies? . . , . . . . Yes . ~
7. Will project reset Ina major advors~ effect on
kno~ %o be ~portan% %o %h~ com. mun~ty? * * * -- Yes X
9. Will proJec~ adversely ~pac% any ~lto or st~c~
ute of historic, pro-his~oric, or
importance or any site desl~a~od a~ a critical
enviro~en~l area by a local agoncy? * * * Yes X No
10. W~l proJact have a m~Jor effect on ~xl~%~g or
future recrea:lonal opport~q!ti~? · - · Ye~ X
11. Will project rmsul% In major traffic problems or
systems? · · ~ · · . . · · · · . Yes X NO
12. Will proJoc~ regularly cause objectionable odors,
nol~e, glare, vibration, Or .lectrical distur~ X
anco: an a result of the proJect'u operation? . Yes
1), Will project have any impact on public health or
1%. Will project ~ffect the existing co.unity bF
d~rec%ly causing a ~rowth In permanent pope. s-
period c~ have a major ne~atlve effete on the
character o[ the community %r ne~KhL'orhood~. . Yem X
...... ~,t~_. , TZTLS: ,pWNER
WILLIAM WICKHAM
ERIC U BRESSLER
LAW OFFICES
WICKHAM, WICKHAM & BRESSLER, P.c.
MAIN ROAD, P.O BOX I424
MORTGAGE OFFICE
December 5, 1989
Southold Town Board of Appeals
Southold Town Hall
Main Road
Southold, NY 11971
Attention: Mr. Gerard Goehringer,
Chairman
Re:
In the Matter of the Appeal of
Robert and Ethelle Schroeder
SCTM: 1000/035/5/4
Dear Mr. Goehringer:
Enclosed is the executed Questionnaire with respect to
the above referenced matter which was inadvertently left out
of the November 16, 1989 correspondence.
Very truly yours,
DCR:vm
Encl.
QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED
WITH YOUR APPLICATION FORMS TO THE BOARD OF APPEALS
Please complete, sign and return to the Office of the Board of Appeals
with your completed application forms. If "Yes" is answered to any
questions below, please be sure to depict these areas on your survey
(or certified sketch), to scale, and submit other supporting documenta-
tion.
1. Are there any proposals to change or alter land contours?
2.a)Are there any areas which con~in wetland grasses?
(Attached is a list of the wetland grasses defined by
Town Code, Ch. 97 for your reference.)
b)Are there any areas open to a waterway without bulkhead?
3. Are there existing structures at or below ground level,
such as patios, foundations, etc?
4. Are there any existing or proposed fences, c~ncrete
barriers, decks, etc?
Se
If project is proposed for an accessory building or
structure, i~ total height at more than 18 feet above
average groundl--~-~l? State total: ft.
e
If project is proposed for principal building or
structure, is total height at more than 35 feet above
average ground' level? State total: .... ft.
e
Are there other premises under your ownership abutting
this parcel? If yes, please submit copy of deed.
Are there any building permits pending on this parcel
(or abutting land under your ownership, if any)?
State Permit # and Nature:
YeS N~o~
Yes
Yes ~
Yes~
Yes ~
Yes ~
Yes ~
Yes ~
10.
Do state whether or not applications are pending
concerning these premises before any other department
or agency (State, Town, County, Villager etc.)
Planning Board
Town Board
Town Trustees
County Health Department
Village of Greenport
N.Y.S.D.E.C.
Other
Is premises pending a sale or conveyance?
If yes, please submit copy of names or purchasers
and conditions of sale. (from contract)
Yes
Yes ~
Yes
Yes ~
Yes
Yes
Yes
11. Is new construction proposed in the area of contours
at 5 feet or less as exists? Yes ~
12. If new construction is proposed in an area within
75 fee% of wetland grasses, or land area at an eleva-
tion of five feet or less above mean sea level, have
you made application to the Town Trustees for an
inspection for possible waiver or permit under the
requirements of Ch. 97 of the Town Code?
Yes
1/88
13. Please list present use or operations conducted upon the
subject property at this time Gas Stat~0n
and proposed to cont~ue to use the property as it has been used since prior to 1957
Please submit photographs for the record.
I certify that the above statements are true and are being submitted for
reliance by the Board of Appeals in considering my application.
g ature (Property Owner) (Authorized Agent)
WETLANDS [Amended 8-26-76 by L.L. No. 2-1976; 3-26-
85 by L.L. No. 6-1985]:
A. TIDAL WETLANDS:
(1) All lands generally covered or intermittently cov-
ered with, or which bord.r on, tidal waters, or hinds
lying beneath tidal waters, which at mean Iow tide
are covered by tidal waters to a maximum depth of
five (5) feet. including but not limited to banks,
bogs. salt marsh, swamps, meadows, flats or other
low lying lands subject to tidal action;
(2)
All banks, bogs. meadows, flats and tidal marsh
subject to such tides and upon which grows or may
grow some or any of the following: salt hay, black
grass, saltworts, sea lavender, tail cordgrass, hi~'h
bush, cattails, groundsel, marshmallow and low
march cordgrass; and/ny
(3)
All land immediately adjacent to a tid:d wotland aa
defined in Subsection A(2) and lying' within seven-
ty-five (75) feet landward of the m~st landward
edge of such a tidal wetland.
FRESHWATER WETLANDS:
(i) "Freshwater wetlands" as defined in Article 24. Ti-
tle 1, § 24-0107, Subdivisions l(a) to l(d) inclusive,
of the Environmental Conservation Law of the State
of New York: and
(2)
All ]and immediately adjacent to a "freshwater wet-
land." as defined in Subsection B(1) and lying with-
in seventy-fiv,~ (75) feet landward of the most land-
ward edge of a "freshwater wetland."
COUNTY OF SUFFOLK)
) SS:
STATE OF NEW YORK)
TEOMAS B. CAULFIF3.D, a Title Examiner, being duly sworn deposes and says:
THAT he has had a search made of the records of the County Clerk's Office of
Suffolk County for the following described property:
ALL that certain plot, piece or parcel of land, situate, lying and being
in the Hamlet of East Marion, Town of Southold, County of Suffolk and State
of New York, bounded and described as follows:
BEGINNING at a point on the Southerly line of North (Main) Road at the
Northwesterly comer of the premises described, being the Northeasterly
comer of land of Apodiacos and Tartaros; said point being also distant
402,90 feet Easterly, as measured along the Southerly side of North (Main)
Road from the comer formed by the intersection of the Easterly side of
Wiggins Lane with the Southerly side of North (Main) Road;
RUNNING THENCE along said Southerly line of Main Road, two courses:
(1) North 66 degrees 01minutes 20 seconds East, 66.95 feet;
(2) North 66 degrees 39minutes 50 seconds East, 50 feet to land of Dawn
Estates Shopping Center Corp.;
RUNNING THENCE along said land, two courses:
(1) South 21 degrees 04 minutes East,150 feet;
(2) South 66 degrees 39 minutes 50 seconds West, 50 feet to said land of
Apodiacos and Tartaros;
TIt~qCE along said land two courses:
(1) South 66 degrees O1 minutes 20 seconds West 59.33 feet; thence
(2) North 23 degrees 58 minutes 40 seconds West, 149.81 feet to the
point or place of BEGINNING.
ALSO beingknownand designated on the Suffolk County Real Property Tax
Agency Map as:
DISTRICT: 1000 SECTION: 035 BLOCK: 05 LOT: 004
SAID search completed on the 12th day of November, 1988 shows the
following chains of title since 1957.
THOMAS B. CAULFI~D
SWORN TO BEFOI{E ME II{IS
/~- DAY OF ~:~_,1988.
Notary Public, State of New York
No. 4862403
Qualified in Suffolk County
Commission Expires June 23, 19~-..c/
LIABILITY IS LIMI'£~o TO TME AMOUNT OF FEES PAID.
CHAIN OF TITLE
Mildred Cowley
to
Charles M. King
Dated: 10/1/46
Rec'd: 10/3/46
Liber 2630 cp 189
(Westerly part of premises)
Maple Lane Farm, Inc.
to
Cleaves Point Corp.
DEED:
Dated: 2/1/55
Rec'd: 10/6/55
Liber 3989 cp 106
(Easterly part of premises)
Cleaves Point Corp.
to
Charles M. King
DEED:
Dated: 10/11/58
Rec'd: 2/2/59
Liber 4581 cp 424
(Easterly part of premises)
Charles M. King
to
Donald L. Ethier
Dated: 8/4/77
Rec'd: 8/17/77
Liber 8290 cp 18
(Ail of premises)
Donald L.Ethier
to
W. Perry Hukill
DEED:
Dated: 1/10/79
Rec'd: 1/11/79
Liber 8565 cp 378
W. Perry Hukill
to
Likuh Realty, Inc.
DEED:
Dated: 3/6/79
Rec'd: 3/14/79
Liber 8595 cp 383
Likuh Realty,Inc.
to
William Ballan
Dated: 2/11/81
Rec'd: 2/17/81
Liber 8960 cp 588
William Ballan
to
Robert Schroeder
Ethel Schroeder
LAST OWNERS OF RECORD.
Sworn to be~re me~ this
/ of / 988.
Notary Public, State of New York
No. 4862403
Qualified in Suffolk County ~/~
Camm=smart Exmres June 23, 19~
Dated: 7/20/81
Rec'd: 8/6/81
Liber 9048 cp 38
THOMAS I~. CAULFIELD
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
In the Matter of an Appeal by
ROBERT SCHROEDER and ETHELLE SCHROEDER
of the October 5, 1988 Order to Remedy
Violation of the Building Department of
the Town of Southold.
STATE OF NEW YORK)
)
COUNTY OF SUFFOLK)
.ss:
AFFIDAVIT
ALBERT M. DINIZIO, ~ein. g~duly sworn, deposes and says:
1. I reslue a~u unse ne, reenpor , Town
Southold, and I make this affidavit at the request of Robert
Schroeder. I understand there is a question regarding the use of
a certain piece of real property known as 4380 Main Road, East
Marion and that the Town of Southold has asserted the present
owners, Robert Schroeder and Ethelle Schroeder, should not be
allowed to park vehicles upon the property. I have been told
that the Town claims the parking or storing of vehicles on the
property is a change of use with respect to the property. The
parking of vehicles on the premises is not a change of use. I
base this statement and the facts set forth herein on personal
knowledge. ~&.~
2. From ~3~5~ to 1969, I operated the gas station at
the property. During this period it was my understanding that
the property was owned by the late Charles King. I had a
sublease from Long Island Ice and Fuel which was a Shell
distributor that leased the premises from Charles King. Prior to
my operation of the gas station it was operated by George Arnold,
and after me Richard~]-~4~Pilles operated the station.
Continuously during the period that I operated the gas station
there were vehicles, trucks and equipment kept on the premises.
Some of the vehicles were being repaired and some were just
stored on the property. There were light trucks, power trucks,
and equipment kept continuously on the premises during the time
period I operated the gas station. During the time that I
operated the gas station at the premises I fixed cars, trucks and
equipment and stored them outside at the premises. I also rented
space for the storage of trucks on the premises. The Town never
objected or contacted me with respect to the outside storage of
the cars, trucks and equipment.
3. I have resided in Greenport since I operated the
gas station and have observed vehicles, trucks, and equipment on
the premises since that time except for recently and as I
understand it, the Town has required Bob Schroeder to remove the
vehicles.
~ALBERT M. DINI~O
Sworn to before me this
7--~ day of~ , 1989.
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
In the Matter of an Appeal by
ROBERT SCHROEDER and ETHELLE SCHROEDER
of the October 5, 1988 Order to Remedy
Violation of the Building Department of
the Town of Southold.
STATE OF NEW YORK)
)
COUNTY OF SUFFOLK)
.ss:
AFFIDAVIT
RICHARD PILLES, being duly sworn, deposes and says:
1. I reside in the Town of Southold, and I make this
affidavit at the request of Robert Schroeder. I understand there
is a question regarding the use of a certain piece of real
property known as 4380 Main Road, East Marion and that the Town
of Southold has asserted the present owners, Robert Schroeder and
Ethelle Schroeder, should not be allowed to park vehicles upon
the property. I have been told that the Town claims the parking
or storing of vehicles on the property is a change of use with
respect to the property. The parking of vehicles on the premises
is not a change of use. I base this statement and the facts set
forth herein on personal knowledge.
2. From 1967 to 1970, I operated the gas station at
the property. Prior to 1967, the gas station was operated by
Albert M. Dinizio. Subsequent to my operating the gas station,
it was operated by Lew Raymond. During the time period I
operated the gas station it was my understanding that the
property was owned by the late Charles King. I had a sub lease
from Long Island Ice and Fuel which was a Shell distributor that
leased the premises from Charles King. Continuously during that
time period I fixed and stored all types of equipment including
cars, trucks and tractors all of which were kept outside on the
premises. The Town never objected or contacted me with respect
to my use of the premises.
3. Since operating the gas station at the premises, I
have lived in the area, and have observed automobiles, trucks and
equipment on the premises except for recently and as I understand
it the Town has required Bob Schroeder to remove the vehicles.
RICHARD PILLES
:ONING BOARD OF APPEALS
tOWN OF SOUTHOLD
In the Matter of an Appeal by
ROBERT SCHROEDER and ETHELLE SCHROEDER
of the October 5, 1988 Order to Remedy
Violation of the Building Department of
the Town of Southold.
~TATE OF NEW YORK)
)
~OUNTY OF SUFFOLK)
.ss:
AFFIDAVIT
LEW RAYMOND, being duly sworn, deposes and says:
1. I reside at Rocky Point Road, East Marion, in the
town of Southold, and I make this affidavit at the request of
Robert Schroeder. I understand there is a question regarding the
use of a certain piece of real property known as 4380 Main Road,
East Marion and that the Town of Southold has asserted the
·oresent owners, Robert Schroeder and Ethelle Schroeder, should
mot be allowed to park vehicles upon the property. I have been
told that the Town claims the parking or storing of vehicles on
the property is a change of use with respect to the property.
Phe parking of vehicles on the premises is not a change of use.
base this statement and the facts set forth herein on personal
nowtedge.
late
2. From 1971 to /1972, I operated the gas station at
=he property. Prior to 1971, the gas station was operated by
~ichard Pilles. Subsequent to my operating the gas station, it
~as operated by Don Ethier. During the time period I operated
:he gas station under a sublease from Shell which I understand
[eased the property from the late Charles King. Continuously
during that time period I fixed and stored all types of e~ipment
including cars, trucks and tractors most of which were kept
outside on the premises and were repaired outside on the
)remises. I rented space to S & S Fuel Co. and to Baker Fuel Co.
~or the outside storage of their fuel t~cks. The Town never
objected or contacted us with respect to our use of the premises.
3. Since operating the gas station at the premises, I
have lived in the area, and have obse~ed automobiles, t~cks and
e~ipment on the premises except for recently and as I understand
it the Town has re~ired Bob Schroeder to remove the vehicles.
~YH~D
SworD~ore me this
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
In the Matter of an Appeal by
ROBERT SCHROEDER and ETHELLE SCHROEDER
of the October 5, 1988 Order to Remedy
Violation of the Building Department of
the Town of Southold.
AFFIDAVIT
STATE OF NEW YORK)
)
COUNTY OF SUFFOLK)
.ss:
DONALD ETHIER, being duly sworn, deposes and says:
1. I reside at 316 Front Street, Greenport, in the
Town of Southold, and I make this affidavit at the request of
Robert Schroeder. I understand there is a question regarding the
use of a certain piece of real property known as 4380 Main Road,
East Marion and that the Town of Southold has asserted the
present owners, Robert Schroeder and Ethelle Schroeder, should
not be allowed to park vehicles upon the property. I have been
told that the Town claims the parking or storing of vehicles on
the property is a change of use with respect to the property.
The parking of vehicles on the premises is not a change of use.
I base this statement and the facts
knowledge.
2.
the property.
set forth herein on personal
From 1973 to 1979, I operated the gas station at
After my operating the gas station, it was
operated by John Diaz and my son. From 1973 to 1977 I operated
the gas station which was owned at that time by the late Charles
King. I bought the property from Charles M. King in 1977 and
continued to operate the gas station until 1979. In 1979 I
conveyed the property to W. Perry Hukill. During the time period
I operated the gas station I continuously fixed and stored all
types of equipment including cars, trucks and tractors and kept
them outside on the premises. I repaired engines outside on the
premises. I rented space for the parking of vehicles. The Town
never objected or contacted us with respect to our use of the
premises.
3. Since operating the gas station at the premises, I
have lived in the area, and have observed automobiles, trucks and
equipment on the premises except for recently and as I understand
it the Town has required Bob Schroeder to remove the vehicles.
~ ~O~ALD ETHIER ~ ~
sw~n~o before ~ this
1989.