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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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 /,/??o 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 40 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 41 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 42 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 43 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 44 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 45 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 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. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 47 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. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 48 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 49 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, 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 5O 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 51 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 52 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, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 53 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. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 54 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 55 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. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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.