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TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ~-~ ~ / ~ DATE .............................. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. of ........ ........ Name of Appellon~ Street ond Numar ~ ~/.~.~ . . ................. ~...~ ........... HEREBY APPEL TO Municipolity Store THE ZONING BOARD OF APP~LS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT ~ ~/~/ WHEREBY THE BUILDING INSPECTOR ~N;~D TO - ............ Name of Applicant for permit ........ L:. ................................... ....................................................................... Street ~nd Number ~unicip~li~ Store ( PEE~IT TO USE ( PE~IT ~0~ OCCUPANCY .................... Use District on Zonin~ Mop Street Z.q.~: .~..:..~.. ~. :. fi. ~....~.. ......................................... Current. 0~ner Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) IOc'~ ~qqA o),La) ~,,~A (~) 3. TYPE OF APPEAL Appeal is mode 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. Lows Art.~Cr n~no~h~16 Sec. 280A Subsection~ 3 '~/~,/~P-- (x 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 o variance and was made in Appeal No ...... ,~-~. ..................... Dated ...... ..~...C...¥~.....~..~.~..!..?...~.,.~.. .............................. REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinance is requested for the reason that t~orm ~.B1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because 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 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because STATE OF NEW YORK ) ) ss COUNTY OF ) Sworn to this .....[..~....~-". ............................. day of ...... ~(~ .......................... 19 ~? ~,o..52'7_°uc°~ires I~rch BO, 19 February 9, 1987 Southold Town Zoning Board of Appeals Town Hall Main Road Southold, New York 11971 Re: Robert SchToeder and Ethel Schroeder Dear Sirs: Pursuant to Southold Town Law Sec. 100-121, Robert Schroeder and Ethel Schroeder request the following action by the Southold Town Zoning Board of Appeals: (1) That by reason of the criminal summons issued by Southold Town Building Inspector on January 9, 1987, an appeal is made of the interpretation by the Southold Town Building Inspector that: (a) Appellants changed the use of an existing building without obtaining a Certificate of Occupancy. (b) Appellants changed the use of land without obtaining a Certificate of Occupancy. (c) Appellants changed the use of a non-conforming use of a gasoline filling station on Appellants' premises without obtaining a Certificate of Occupaacy. (2) That Zoning Board of Appeals provide an interpretation of the definition of Public Garage in Southold town Law Sec. 100-13 by reason of Building Inspector's interpretation of building zone ordinance as set forth in paragraph (i) above. (-3) That Zoning Board of Appeals a Public Garage falls within the Southold Town Law Sec. 100-13. determine whether Appellants' use of definition of Publfc Garage in Sincerely, Patricia C. Moore, PCM/df Enc. Esq. March 6, 1987 Town of Southold Zoning Board of Appeals Town Hall - Main Road Southold, NY 11971 Att~n: Mrs. Linda Kowalski Re: Application of Robert and Ethel Schroeder; premises: Route #25, E.Marion, NY Dear Mrs. Kowalski: Relative to the above captioned matter, which is presently pending before the Zoning Board of Appeals, I respectfully request that I be advised, at my office address above indicated, of any date or dates scheduled for public hearing before your Board concerning this application. Thank you for your courtesies in this matter. Very truly yours, RJC:e Southold Town Board of Appeals MAIN ROAD- ;::TATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMRERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONI$, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI February 20, 1987 Patricia C. Moore, Esq. Edson and Bruer Main Road Southold, NY 11971 Re: APplication No. 3614 - Robert and Ethel Schroeder Dear Pat: In response to your recent request, please let this help to clarify item (b) of our February llth letter to you. Please furnish, either by survey or affidavit, any and all uses and activities being conduct6d'upon the premises. If more than one use is being conducted, please depict the areas of the uses and, if possible, the square footage of the land occupied by such use. (For example, storage of equipment area, vehicle-repair area, office area, gasoline service area, parking of employee vehicles, parking of customer vehicles, utility rooms, etc.) Yours very tr~uly~ GERARD P. GOEHRINGER ~/ CHAIRMAN lk February 13, 1987 Gerard P. Goehringer, Chairman Southold Town Zoning Board of Appeals Town Hall Main Road Southold, New York 11971 Re: Appeal No. 3614 Schroeder Dear Mr. Goehringer: have received your correspondence of February 11, 1987, and intend to provide you with all the information that you have requested. Roderick Van Tuyl, P.C., Surveyors and Engineers have been contacted and will prepare a survey showing "(a) existing buildings" and "(c) present egress, ingress, parking of customer vehicles, parking of employee and other vehicles, storage area etc." As to Item '(b) all uses being conducted upon the premises (inside and out)", I will need clarification of the above, particularly as to how the uses inside the building can be shown on a survey. Item (b) seems an unusual request, and your explanation will assist me in properly directing the surveyor to provide exactly what you want. Sincerely, Patricia C. Moore, Esq. PCM/df Enc. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 !SOUTHOLD, L.I., N.Y. 1lC:J?1 TELEPHONE (516) 765.1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONI$, .IR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI February ll, 1987 Patricia C. Moore, Esq. Edson and Bruer Main Road Southold, NY l1971 Re: Appeal No. 3614 - Robert and Ethel Schroeder (Interpretations) Dear Pat: This letter will confirm our conversation yesterday that you will be furnishing our office with four prints of a survey of the premises in question in the above matter. Please be sure to have shown on the survey the following information: (a) (b) outside]; (c) parking of employee existing buildings; all uses being conducted upon the premises [inside and present egress, ingress, parking of customer vehicles, and other vehicles, storage areas, etc. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski § 100-121 A. ZONING § 100-121 Appeals. To hear and decide appeals from and review any order, requirement, decision or determination made by the Building Inspector. B. V~riancesl Where the're are practical difficulties or un- necessary hardships in the way of carrying out the strict letter of these regulations, the Board of Appeals shall have the power to vary or modify the application of such regulations so that the spirit of ~he ._c_ha_p~? shall be ob- served, public safety and welfare secured ar~l substantial justice done. C. Special exceptions, special permits and other approvals. Whenever a use or the location thereof is permitted only if the Board of Appeals shall approve thereof, the Board of Appeals may, in a specific case and after notice and public hearing, authorize such permitted use and its location within the district in which this chapter specifies the permitted use may be located, subject, however, to the following: (1) Before such approval shall be given, the Board of Appeals shall determine: (a) That the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts. (b) That the use will not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the proposed use is to be located, or of permitted or legally established uses in adjacent use districts. (c) That the safety, the health, the welfare, the comfort, the convenience or the order of the town will not be adversely affected by the proposed use and its location. (d) That the use will be in harmony with and promote the general purposes and intent of this chapter. In making such determination, the Board of Appeals shall also give consideration, among ether things, to: 10055 4-25-83 § 100-121 SOUTHOLD CODE § 100-121- (a) The character of the existing and probable development of uses in the district and the peculiar suitability of such district for the location of any of such permitted uses. (b) The conservation of property values and the encouragement of the most appropriate uses of land. (c) The effect that the location of the proposed use may have upon the creation or undue increase of vehicular traffic congestion on public streets or highways. (d} The availability of adequate and proper public or private water supply and facilities for the treatment, removal or discharge of sewage, refuse or other effluent (whether liquid, solid, gaseous or 'otherwise) that may be caused or created by or as a result of the use. {e) Whether the use or the materials incidental thereW or produced thereby may give off ob- noxious gases, odors, smoke or soot. Whether the use will cause disturbing emissions of elect~cal discharges, dust, light, vibration or noise. {gl Whether the operation in pursuance of the use will cause undue interference with the orderly enjoyment by the public of parking or of recrea- tional facilities, if existing or if proposed by the town or by other competent governmental agencies. (h) The necessity for bituminous-surfaced space for purposes of off-street parking of vehicles in- cidental to the use, and whether such space is reasonably adequate and appropriate and can be furnished by the owner of the plot sought to be used within or adjacent to the plot wherein the use shall be located. 1~56 4-25-s3 § 100-121 ZONING § 100-122 (i) Whether a hazard to life, limb or property because of fire, flood, erosion or panic may be created by reason of or as a result of the use, or by the structures to be used therefor, or by the inac- cessibi]ity of the property or structures thereon for the convenient entry and operation of fire and other emergency apparatus, or by the undue concentration or assemblage of persons upon such plot. [Amended 7-31-73] (j) Whether the use or the structures to be used therefor will cause an overcrowding of land or undue concentration of population. (k) Whether the plot area is sufficient, appropriate and adequate for the use and the reasonably anticipated operation and expansion thereof. · (1) Whether the use to be operated is unreasonably near to a church, school, theater, recreational area or other place of public assembly. D. [Added 2-1-83 by L.L. No. 2-1983] Interpretations. On appeal from an order, decision or de~,ermination of an administrative officer, or on request ef any town officer, board or agency, to decide any of the following: (1) Determine the meaning of any provision in this chapter or of any condition or requirement spedlfied Or '-~ ed~ndar the provisions of this chapter. (2) Determine the exact location of any district boundary shown on the Building Zone Map. § 100-122. Additional conditions and safeguards. In deciding any matter before it, the Board of Appeals may impose such conditions and safeguards as it deems necessary or appropriate to preserve and protect the spirit and the objectives of this chapter. (Cont'd on page 10057) 10056. § 100-143 ZONING § 100-144 § 100-143. Stop orders. [Amended 8-26-76 by L.L. No. 3-1976] Whenever the Building Inspector has reasonable grounds to believe that work on any building or structure is being prosecuted in violation of the provisions of the applicable law, ordinances or regulations, or not in conformity with the provisions of an ap- plicetion, plans or specifications on the basis of which a building permit was issued, or in an unsafe and dangerous manner, he shall notify the owner of the property, or the owner's agent or the person performing the work, to suspend all work, and any such persons shall forthwith stop such work and suspend all building activities until the stop order has been rescinded. Such order and notice shall be in writing and shall state the conditions under which the work may be resumed, and may be served upon a person to whom it is directed either by delivering it personally to him or by posting the same upon a conspicuous portion of the building under construction and sending a copy of the same by certified mail.' § 100-144. Certificates of occupancy. A. A c~rtificate of occupancy shall be applied for from the Building Inspector and it shall be unlawful to do any of the following until a certificate of occupancy is issued therefor: (1) Occupancy and use of a building erected, recon- structed, restored, structurally altered or moved, or any change in use of an existing building. (2) Occupancy, use or any change in the use of any land. (3) Any change in use of a nonconforming use. B. No certificate of occupancy shall be issued for the use of a building or lands requiring a special exception or special permit by the Board of Appeals, or for any land or use requiring a site plan approval by the Planning Board, un]ess and until such special exception or special permit use or site plan approval has been duly granted. Every certificate of occupancy for which a special exception, special permit or site plan approval has been granted, or in 10071 ~-25-~3 § 100-144 SOUTHOLD CODE § 100-144 connection with which a variance has been granted by the Board of Appeals, shall contain a detailed statement of any condition to which the same is subject. [Amended 7-31-73] C. Application for a certificate of occupancy for a new building or for an existing building which has been altered shall be made after the erection of such building or part thereof has been completed in conformity with the provisions of this chapter, and, in the case of a new building, shall be accompanied by an accurate plot plan, or ff not available, by a survey prepared by a licensed land surveyor or engineer, showing the location of the building as built. Such certificate shall be issued within ten (10) days after receipt of the properly completed application, provided that the application states that all requirements of all other applicable codes or ordinances in effect are complied with. D. if the proposed use is in conformity with the provisions of this chapter and all other applicable codes and ordinances, a certificate of occupancy for the use of vacant ]and or for a change of use or a nonconforming use shall be issued by the Building Inspector within ten (10) days after receipt of a properly completed application. If a certificate of oc- cupancy is denied, the Building Inspector shall state the reasons therefor in writing to the applicant. E. Every application for a certificate of occupancy or a temporary certificate of occupancy shall be accompanied by a fee of five dollars ($5.). Copies of such certificate will be issued upon payment of one dollar ($1.) per copy. F. A certificate of occupancy shall be deemed to authorize and is required for both initial occupancy and use of the building or land to which it applies. G. Upon written request and upon payment of a fee of fifteen dollars ($15.), the Building Inspector shall, after in- spection, issue a certificate of occupancy for any building or use thereof or of land existing at the time of the adoption of this chapter, certifying such use and whether or not the 10072 HD R-80 LEFFERTS P, EDSON February 13, 1987 Gerard P. Goehringer, Chairman Southold Town Zoning Board of Appeals Town Hall Main Road Southold, New York 11971 Re: Appeal No. 3614 Schroeder Dear Mr. Goehringer: I have received your correspondence of February 11, 1987, and intend to provide you with all the information that you have requested. Roderick Van Tuyl, P.C., Surveyors and Engineers have been contacted and will prepare a survey showing "(a) existing buildings" and "(c) present egress, ingress, parking of customer vehicles, parking of employee and other vehicles, storage area etc." As to Item "(b) all uses being conducted upon the premises (inside and out)", I will need clarification of the above, particularly as to how the uses inside the building can be shown on a survey. Item (b) seems an unusual request, and your explanation will assist me in properly directing the surveyor to provide exactly what you want. Sincerely, Patricia C. Moore, Esq. PCM/df Enc. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SDUTHOLD, L.I., N.Y. TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI February ll, 1987 Patricia C. Moore, Edson and Bruer Main Road Southold, NY 11971 Esq. Re: Appeal No. 3614 Dear Pat: This letter will Robert and Ethel Schroeder (Interpretations) confirm our conversation yesterday that you will be furnishing our office with four prints of a survey of the premises in question in the above matter. Please be sur~ to have shown on the survey the following information; (a) existing buildings; (b) all uses being conducted upon the premises [inside and outside]; (c) present egress, ingress, parking of customer vehicles, parking of employee and other vehicles, storage areas, etc. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Southold Town Board of Appeals NIAIN ROAD- STATE RnAD 25 SOUTHOLD, L.I., N.Y. llg?l TELEPHONE (516) 765-1809 APPEALS BOARD MEMSERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H.$AWICKI February Patricia C. Moore, Esq. Edson and Bruer Main Road Southold, NY 11971 Re: Appeal No. 3614 - Robert and Ethel Schroeder (Interpretations) Dear Pat: This letter will confirm our you will be furnishing our office of the premises in question in the above matter. (a) (b) outside]; (c) parking of employee conversation yesterday that with four prints of a survey Please be sure to have shown on the survey the following information: existing buildings; all uses being conducted upon the premises [inside and present egress, ingress, parking of customer vehicles, and other vehicles, storage areas, etc. Yours very truly, GERARD P, GOEHRINGER CHAIRMAN By Linda Kowalski JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD February 10, 1987 Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 TO: FROM: Southold Town Zoning Board of Appeals Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. #3614, appeal of Robert & Ethel Schroeder to the Southold Town Zoning Board of Appeals to appeal the interpretation of the Southold Town Building Inspector regarding a criminal summons that was issued by the Building Inspector on January 9, 1987. Letter of appeal and copy of information are attached. RECEIVED February 9, 1987 Southold Town Zoning Board of Appeals Town Hall Main Road Southold, New York 11971 Re: Robert SchToeder and Ethel Schroeder Dear Sirs: Pursuant to Southold Town Law Sec. 100-121, Robert Schroeder and Ethel Schroeder request the following action by the Southold Town Zoning Board of Appeals: (1) That by reason of the criminal summons issued by Southold Town Building Inspector on January 9, 1987, an appeal is made of the interpretation by the Southold Town Building Inspector that: (a) Appellants changed the use of an existing building without obtaining a Certificate of Occupancy. (b) Appellants changed the use of land without obtaining a Certificate of Occupancy. (c) Appellants changed the use of a non-conforming use of a gasoline filling station on Appellants' premises without obtaining a Certificate of Occupancy. (2) That Zoning Board of Appeals provide an interpretation of the definition of Public Garage in Southold town Law Sec. 100-13 by reason of Building Inspector's interpretation of building zone ordinance as set forth in paragraph (1) above. (.3) That Zoning Board of Appeals determine whether Appellants' use of a Public Garage falls within the definition of Public Garage in Southold Town Law Sec. 100-13. Sincerely, Patricia C. Moore, Esq. PCM/df Enc. · CHIMINAL SLJMbI£)NS CPL J30A0 FORM NO 105 /o.Vb STATE OF NEW YORK : COUNTY OF _ _ ,_l U .$ ]] I_.~'.t] COURT___ SUFFOI,K __ _~gu rHoLI~ ~llllllllllllfi To: Robert Schroeder And Eth' ('-1 Schroed~p_ Rte. 25 East Marion, New York 11939 YOU ARE HEREBY NOTIFIED that an Accusatory inslrument has been filed in this Court charging you, as a Defendant, with the offense of Violation Town Go~e ( In formation At tached) in violation of Section 100-144A (1 &2) 1 OO-14 lA(3 ~ubdivision of the COD~ t'h~' T~ T0l,,/lq of: gOIITI~FH.B YOU ARE THEREFORE DIRECTED to appear personall~ before this Court at 5~fi in the TQW~ of Rn,~th~l d 8u ffol k County, N.Y. on Friday .the 9th of January ,19 87 ,at 9: 30 ~1 o'clock in tim_ fore lot arraignment upon the Accusato~ instrument above memloned. Law of the State of New York. Southold Town Justice Mnin l:lnnd. Ri-~ 95 day UPON YOUR FAILURE TO APPEAR AS ABOVE DIRECTED A WARIL4NT MAY BE ISSUED FOR YOLIR ARRESI' ~';nlJ'l'll01,D .......................... N Y Novomber ............ i9_ R(¢-- -. ~StSTICE COURT OF TOWN OF SOUTItOLD COUNTY OF SUFFOLK : STATE OF NEW YORK THE PEOPLE OF THE STATE OF NEW YORK against ROBERT SCHROEDER and ETHEL SCHROEDER, : Defendants. INEORMATI ON Docket No. ACCUSATION BE IT KNOWN THAT by this Information, CURTIS W. HORTON, a Building Inspector of the Town of Southold as Complainant herein, accuses ROBERT SCHROEDER and ETHEL SCHROEDER, the above named defendants residing at 2190 Stars Road, East Marion, New York 11939, with violations of: Count ~1: Section 100-144 A (1) of the Code of the Town of Southold (changing the use of an existing building without obtaining a Certificate of Occupancy). Count ~2: Section 100-144 A (2) of the Code of the Town of Southold (changing the use of ~-~ . --l~%Td-~hotrt-obt~i~l"hg a Certificate of Occupancy). Count #4: Section 100-141 4 A (3) of the Code of the Town of Southold (changing the use of a non-conforming use of a gasoline filling station on defendants' premises without obtaining a Certificate of Occupancy). FACTS On or about July 16, 1986, Curtis W. Horton, as }3ui]~ding Inspector of the Town of Southold inspected the premi:~es owned by defendants, ROBERT SCHROEDER and ETHEL SCIiROEDI.iR, ]oc.~ted on th,> southerly side of North (Main) Road (State Route 25), l<ast Marion, Town of Southold, Now York (Suffolk C~:unty ']',~>: Map Designation: District 1000, 004.000) which is located in District under the Southold Town directing to appear Section 035.00, Block 05.00, lot "A" Residential and Agricultural Zoning C<×~e. During th,~ course Swo~v~n to before me this ~ -~ day of November, 1986 Town Just i c,~/ Town of Sou*~hoid Suffolk County N ~ , : ~.w York Curt is 'W. Hori eh, C¢:mpl'~ihan~ BuJ ldi nq Inspector of inspection, Curtis W. ltortoa found defendants had changed the use of the existing building on the premises; changed the usc of these premises; and changed the use of a non-conforming use, from a previously approved gasoline service station granted as a Special Exception by the Southold Town Zoning Board of Appeals on June 14, 1958, to a storage area for heavy industrial equip- ment and materials, without obtaining a Certificate of Occupancyi from the Building Inspector of the Town of Southold, all contrary to the provisions of the Code of the Town of Southold in such case made and provided. The above allegations of fact are made by the Complainant herein on direct knowledge and upon information and belief with the sources of the Complainant's information and the grounds for his belief being facts contained in the files of the Building Inspector of the Town of Southold. WHEREFORE, Complainant prays a criminal summons be issued the defendants, ROBERT SCItROEDER and ET}fEI, SCHROEDER, before this Court. m~de by tl~s b~Oc~ before any action is ta pro~rar will uso currently availablo ~/o~t2cn conceding the proJec~ an~ ]:kely ~c~o of the action.- Z~ i~ not e~ec~ed t~t addl:2or.al utudlo~, research or ether lnva~:tgaClon~ ~ be ~dert~ken. (b) ~ any ~ue~tton hao been an~ored Yes thn pro~oc~ ~y be ol~l/lcant and cc~p~eted ~nvlrc~:enta~ Asseea~unt Fo~ la neeco;tar/. (c) I~ al2 que~2ona have been enamored tie l: 2a likely :F~: thin project nc~ ~gnl~lcant. {d) ,~virom:ental ~ W~I project rea~t In a 1aris phy~lcni to the project mite or phymically alter more :~n ~0 acres o~ ~and? , , , , , , , , · · · Yea · 2. ~ill there bo a ~Jor chan&a to any ~lquo or unusual lan~ ~o~ ~o~ on tho ~lte? , Yes ~Ho ]. 'd~l project alter or ~ve a large effoc~ on an existing, body of water? , , . , . , · Te: ~ ~:o ~, W~I proJcc: h4ve a potentially large ~ on ~o~dwater quality7 * ' * ' ' · · , * Yes ~, W~I proJec~ sl~lficantly'effect drainage ~ O~ adjace~ sites? ' ' ' ' ' · · * · Yea 6, Will project ~ect ~ny t~eatencd or endangered plant or an~.ml upecies? , . , , , , , * Ye~ ~ 7, W~I project res~t Ina major advorau effect on 8, W~i project have a mm Jar effect on vl~uol kno~ :o bo ~porcan: :o':ho cor~unA:y? · · · ~ Yes ~;o 9. Will project adversely ~pact any site or ute of historic, pro-hi, retie, or palbontologicul i:portance or any site dosl~atod aa a critical area by local ag°ncy? · · · Yes _~No~ 10. W~I proJoc~ have a major e~foc~ on oxiu~g or future r=cr=a~ional 11. Will proJec~ resul~ In ~jor ~raFfic probl~m= or 12. Will project re&~arl7 cause objectionable odor:, noise, glare, vXbration, or electrical dlotur~ Wll~ proJec~ haw any impact on pub]Ac ho~lth Will project A~fect :he exluttn~ co~uni:y by period er hRve a mater negative eFFccc on tr.e charact~ 01' the community, :r neighborhoodS. , , Ye~ 15. IV there p,{bl~cont, r~versy concerning the project~ Y~.u bom before any actior, is ta (a) In ~rd~r to answer the que=ticn= in th1= short ~AP ~ ia as~ed that tho or c~her llive~i~Clon~ w~ b~ ~dort~kon, (b) I[ any question hm~ b~en answered Y~) thn proJoc~ ~y (c) If all quos~lon~ h~vo been ~naworod ~1o l~ (d) ,~v~ron~enta~ to the pro,act site or physically alter more · 2. ~111 there be a ~Jor ch~n&e to any ~que or unuaual lan~ ~o~ ~o~d on tho ~lte? * · 3- '~1 pro,et: alter or ~ve a ~rge a~ect on an exi~t~n8 body o~ water7 . . . . . A. W~I proJcc: h~ve a potentially lar&e Lm~ ~o~dwater quallty? ' ' · · ' · .... Yo~ / lie ~, W~I pro~ec~ ai~l~lcantly e~ect dratna&e 6. '*'t~l project abject any t~eatened or endangered 7. 'd~: project re~t ~n a ~ajor advor~u e~;ect on W~ project hav~ ~ ~Jor e[~c~ on visual kno~ ~o b~ ~por~an~ 9. Will project adversely ~pact any alto or cra o~ hlatorlc, pro-hlator~:~ or pa~bontolo&~cu~ ~mportance or any ~tte doa~atod am a by ~ocn~ w~l project have a ~or e~roct cn oxiot~g or cause a ma~or e~ec: to e~:$~g tran~por:a:icn ~. ~11 projoc: re&~arl7 cause obJect~onablo o~or:, nolle, glare~ vibration, or electric~l dlotur~ ante a~ ~ r~s~ o~ the proJec~'~ operation? . Yrs 1), WI~ project bare any l~np~ct on pub).lc health l&, WIll project ~ct the exl~t~n~ co.unity b7 d~rec~17 c~,~cin4 a ~rowth ~n ~,'r~an~nt pop~a- P~[P~ER'3 S .... ~TL~.: TITLE: To: (Tcd.:y ' s Southo!d Town Board of Appeals Main Road Southold, NY 11971 Location of Prope. ty. ~ Sirs: In reference to the New York State Tidal Wetlands Land-Us Regulations, 6 NYCRR, Part 661, and Article 25 of the :lc:/ York Sta=e. Environmental Conservation La%;, please be advised that :ubjec~ proper~y iQ the within appeal ap: (pl,a._ check ~o box) [ ] Mdy be located ?ithin 300 feet of ~idal wetlands hct.~ever, constructed along the %ta~er-lyinq of ~his prope~'~y is a bulkh2ad in very gcod ' ~ condition and at least 100 fees in ~lensth. [ ] May b~ 'located wi~hin 300 feet of '~" t_~a_ wetlands. however, constructed a!onq the waue'r-lyin~ edge of thi~ pro.per~y is a bulkhead in need of ( (major) repairs, and aDur~ximaue!v fee~ in [ ] May be located within 300 feet of tidal wet!and~; however, constr%%cted al'on9 the %~ater-lying edge of this property is a bulkhead legs than 100 feet in length. [ ]. May be located %./ithin 300 feet of ' " . tidal wetlands; and ~here is no bulkhead or ..... ~,. _ · on th~ premises. Is not located withiu 300 feu~ of tidal wetlands to ~he best of my kno%./ludge * [~:~arred items (*) iadicate your pL'operty not appear to fall wi=bin ~he jurisdiction of the H.y.s. D.E.C. Sincerely v I:OTE: If proposed project falls ~iuJ~n D.E.C. jurisdiction, auproval muu: be received and suLmi '' ~.., -.~d LO O~r befc~e your aDplica~ion can be scheduled loc a ~ublic ' ~' '~' ~. To '- Southo!d Town Board of Appeals '" Main Road Southold, NY 11971 Location of Property: In reference to the Now York State Tidal Wetlands fiend-Un Regu~'ations, 6 NYCRR, Part 661, and Article 25 of the He:~ York Environmental Conservation La%.;, please be advined that subjec: property iQ the within appeal appl' · ] May be located )vithin 300 fee~ of tidal wetland~ hc%;ever, cons%ructcd along the water-lying edco of ~his pl'ope~-~y is a bulkhead in very geed condition and a~ least 100 feet in ~length. ] Hay b~ 'located within 300 feet of tidal ',;e~!andu. however, constructed along the waue'r-lying edge of thi~ pro-per~y is a bulkhead in need of (major) repairs, and length. -- -. feet in [ ] May be located within 300 feet of tidal wetlands; ho:cover, constructed al'ong the %~aZe,--1, in · - Y g ed-?e of this property is a bulkhead less than 100 feet in length. [ ]' May be located , '~ ' . · ;l~h~n 300 feet of tlda_ wetland&; and ~here is no bulkhead or ce ~,. 'on the premises, n ..... ' [ Is not located withiu 300 feu~ of tidal wetlands tO the best of my knowledge.* [~;~arred items (*) i~ dicata your p?operty no~ appear ~o fall within ~he jurisdiction of the H.' ~-~. D. [~.C. Sincerely your.~, I:0TC: If proposed project falls ~/ic'l~n D.E.C. juriudicti<~n, approval muu= be received anal sukmittud to our offic(~ befoce your auplicacion can be scheduled loc a ~aublic DISTRICT 1000 SECTION 03500 BLOCK 0500 LOT 394000 CONSULT YOUR LAWYER DEFORE SIGNING THIS INSTRUMENT. THIS INSTRUMENT SHOULD BE USED IY LAWYERS O~' TIIISINDENTURE, ma(h, the 20th ,tayof July ,nineteenhnndredand eighty--c BET%VEEN WILLIAM BALLAN, residing at 122 South Ocean Avenue, Bayport, New York 11705, party0fthefirstpart, and ROBERT SCHROEDER and ETHEL SCHROEDER, his wife, both residing at 2190 Stars Road, East Marion,. New York 11939, ~STRICT SECTION BLOCK LOT party of the secondBpart, tZ 17 2! 26 WITNESSETH, that the party of thc first part, in consideration of leu dollars and other valuable con4derat; paid by the party of the second part, does hereby grant and release unto the ~rty of the second part, tile or successors and assigns of the party of the second part forever, i ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected silua lyi~and beinginthe ilamlet of East Marion, Town of So~thold, County of Suffolk and State of New York, bounded and desCrlbed as follows: BEGINNING at a point on the southerly line of North (Main) Road at the northwesterly corner of the premises described, being the northeasterly corner 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 corner formed by the intersection of the easterly side of Wiggins Lane with thc southerly side of North (Main) Road; runnin~ thence along said southerly line of Main Road, two courses: (1) North 66 degrees 01 minutes 20 seconds East, 66.95 feet; (2) North 66 degrees 39 minutes 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; thence along said land two courses: (1) South 66 degrees 01 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. SUBJECT TO a first mortgage in the original amount of $38,091.60 held by Charles M. King and Lydia P. King. SUBJECT TO a second mortgage in the. original'amount:of $14,533.32 held by Likuh Realty, Inc. SUBJECT TO covDnants and restrictions in Liber 4380 cp. 100, amended by Liber 5143 cp. 462. TOGETIIER with all right, tide and interest, if any, of the party of the first part in and tn any slrt.~.ts a, roads abutting the above dcscril~'d premises to the center lines thereof; TOGETHER with the appnrlena,,, and all thc estate and rlgbts of the party of the first part in and la said premises; TO HAVE AND '1 IIOLD the premises herein granted uulo the party of the second part, the heirs or successors and assign, . thc party of the second part forever. AND thc party of the firs! part covenants Ihat the party of the first part has not done or suffered an3thh whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of Ihe first part, in compliance with Section 13 of the I.ien Law, covenants thai ~he party thc first part will receive the consideration for this conveyance and will hold the right lo receive such con,i oration as a trust food to be applied first for the purpose of paying the cost of the improvement and will app the same first to the payment of thc cost of the improvement before using any part of the total of the same f, any ~aher purpose. The word "party" shall be coustrued as if it read "parties" whenever thc sense of this indrntl~re ~o rcq,~ir,' IN WITNES$ WHEREOF~ d~e party of the first part has duly executed dfi~ deed ~he day and year first o 00471 $ ...... (.~.~.P.... HEtL ESTA'rE WILLIAM BALL~ AU3 ~ ~1 , ~ SII~t'~LK ' '~' ' ' AUG 6 ~l ARTHUR J, FELICE CLEAVES POINT PROPERTY OWNERS ASSOCIATION, INC. EAST MARION, L. I., NEW YORK April 14, 1986 Mr. Frank Murphy, Supervisor. Town of Southold Town Hall, Maiu Rd. Southold, N.Y. 11971 Re: Gas Station and Coust. Mquip. Storage W~/o Maple Lane, Greeuport. Dear Sir, Please be advised that this letter is to ask for clarificatiou of ~ouiug and permitted use of the sub- ject property. The area is uow used and operated to its capacity by a very active trucking and excavating corporatiou. The above associatiou presents this question because of objections to the following. 1- Early operational noises, starting up trucks, craues, bulldozers etc. 2- Traffic co~fusiou aud near accidents ou North Road morning aris e~eniug. 3- Unattended equipment duriug day and night hours weekends aud holidays. 4- Area beiug used seems to exteud well beyond lot limits. 5- Zouing regulatious are apparently being ignored by the preseut usage. '-~ ~'OWN OF SOUTHOLD, NEW YO~,.., APPLICATION FOR PERMISSIVE USE APPLICATION NO. ~"~..~' TO THE ZQNING BOARD OF APPEALS, SOUTHOLD, N.~,Y. . ................ ........................ · . Name, . (// S reet and Number ......... · '.~.~......~ ........... : ......................... }~X~... Hereby applies ,o Municipality ?rte THE ZONING BOARD OF APPEALS in accordance with the ZONING ORDINANCE Article VIII Section 801o Subsection C for the permissive use of the land hereinafter described. The Permissive Use is requested because 1. STRICT APPLICATION of the Zoning Ordinance would produce UNDUE HARDSHIP because 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 3. The permissive use would observe the spj,rit of the ordin.~.e and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT becouse STATE OF NEW YORK '--~ '.: COUNTY O F ~">~'/'/'~ ss , .......................... Sworn to th .../.~.~.~.. . of Form ZB3 COUNTY OF SUFFOLK STATE OF NEW YORK SS. ~t,- ~mthold, I the ~bo~e: should at the thne Frederick C. Hawkins, being duly sworn, says that he is the owner and publisher of THE LONG ISLAND TRAVELER - MATTITUCK WATCHMAN, a public news- paper 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-Mattituck Watch- man once each week for successively, commencing on the ,' ' ; / day of ......................... . .; ....... Sworn to before me this ........ :.....:~. ........ day of ' · ' ' ~7 ;'"...'....' Notary Public / ~I)£[E FOKM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. Application No .......... .k.._~....,;~,..5...--~.. Approved ........................................ t9 ........ Permit No ......~.~...~...~.....'~..... Disapproved a/c C ~ (Building Inspector) C./ APPLICATION FOR BUILDING PERMIT INSTRUCTIONS o. This application must be completely filled in by typewriter or in ink and submitted in duplicate to the Buildh Inspector. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public slree or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this locatio c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Su~ permit shall be kept on the premises available for inspection throughout the progress of the work. e. No building shall b~ occupied or used in whole or in part for any purpose whatever until a Certif. icate of Occupan~ shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to ti Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Lows, Ordinances . Regulations, for the construction of buildings, additions or alterations, or for removal'ar demolition, as herein describe The applicant agrees to comply with all applicable laws, ordinances and regulations. ~3. Nbture of work (check which icable): New Building ........... Ad n .................... Alteration .................. Repair .................... Re, naval .................... Demolition .................... Other Work (Describe) ....... _., ............. 4. Estimated Cost ........... /..~..~2r~. ................................... Fee ........................................................................................ (to be paid on filing this application) 5. If dwelling, number of dwelling units ................................ Number of dwelling units on each floor ........................... If garage, number of cars ........................................... : .................................................................... ~ ............ :.. ....... 6. If business, commercial or mixed occupancy, specify nature and extent of each type of us~~ 7. Dimensions of existing structures, if any: Front ............................ Rear ............................ DeptH' .......................... Height ............................ Number of Stories ........................................................................................................... Dimensions of same structure with alterations or additions: Front ................................ Rear ............................... Depth .............................. Height .............................. Number of Stories ................................ 8. Dimensions of entire new construction: Front .......... .~....,~....~.. Rear ..... ,x~-_ ~,~....,~,~.,?... .... Depth .., ..~........".. ......... Hmght ...... ~z~....~... ........ Number of Stories .4~.~',~ ............... 9. Size of lot: Front ................ ./,<'~,.XRear ......../...~....~... Depth ................. ,//'"'~'""~'~""¢~ " 10. Date of Purchase ........................................................ Name of Former Owner ['~.~w.~__..~-~.,...~-~,..~.~,, .~.. .... 11. Zone or use district in which premises ore sltuate~ ..................................... ~..~'?~.~, 12. Does proposed construction ¥io~!~e any zoning law, ordinance or regulation? ...~ ................................... Name of Cor~tractor...~...~~.'.~~ ...... Addres ..~.~,.,..-r..'.~......~~hone' NO ................... PLOT DIAGRAM Locate clearly 'and distinctly oil buildings, whether existing or proposed, and indicate all set-back dimensions flor ~roperty lines. Give street and block numbers or description according to deed, and show street names and indicat ~hether interior or corner lot. FRANCIS J. MURPHy SUPERVISOR OFFICE TELEPHONE (516~ 765-1800 ~IN ROAD (5~6) 765-~939 SOUTHOLD, L.I.. N.Y. t~97I Oc~obe~ Mr. Simeon Weston Cleaves Point Property Owners Assoc. 450 8hug Harbor Road Greenport, New York 11944 Re: Gas Station Property North Road, Greenport Dear Mr. Weston: Please be advised that the legal papers have been drawn-up by the Southold Town Building Inspectors Office and are presently at Special Counsel to the Town, Richard Lark, Office. Enclosed please find the minutes from the Zoning Board of Appeals Meetings placing restrictions on this property. I suggest that you call Richard Lark at 734-6807 to ascertain what the status of this litigation'is~at this time. FJM:cjh Eno. CC: Richard Lark Victor Lessard Very truly yours, ~J. Murphy /~./'/~upervisor /Town of Southold ~t, New York 11944 15, 1986 Southold Tow-n Building Dept. Southold Town Hall Main Road Southold, New York 11971 Attn: Mr. Curtis Horton Dear Mr. Horton: Re: Sound Shore Excavation Corp. North Road Greenport, New York The purpose of this letter is to register a complaint concerning the specific business use of the above property which is across the street from my property. My inquiry of your office several months ago led me to believe that the above property is classified as a Non-Conforming use and, as such, is allowed to be used as a SERVICE STATION ONLY. My complaint concerns the present use of the above property as listed below: (1) At NOiTIME since I bought my property (October, 1984) has the property been used as a SERVICE STATION OPEN TO THE PUBLIC. (2) The apparent sole use of the above property is to operate an Excavation Business and the storage of numerous trucks and related equipment. (3) The property is presently being used to store construction related supplies including: A. Precast concrete cesspool units, B. Large amounts of heavy construction pipe, C. Heavy construction timbers and, D. Various related construction equipment and supplies. I feel that the use of this land is not in conformance with existing zoning requirements and it is an eyesore to the neighborhood. I would appreciate your office looking into this violation and taking the necessary steps to make corrections. Thank you. Sincerely, David L. Gillisp~e, Jr. Simeon Weston~ ~ident ~50 Snug Harbor Rd. Greenporte N.Y. 119~ CLEAVES POINT PROPERTY OWNERS ASSOCIATION, INC, EAST MARION, L, I., NEW YORK Sept. 27, 1986 Mr. Frank Murphye Supervisor To~n of Southold Town Hallt Main Rd.t Southolde N.Y. 11971 Re: Ex-Gas Station property North Rd. w/o Maple Lamer S/side Greenporte N.Y. Dear Sire Please be advised that this is additional correspondence on the subject matter. It is being forwarded to the same depart- ments as previously in hope that some action will be initiated or some advice will be received that will help clear things up. The present use of the area in question does not satisfy the zoning restrictions. It is not merely a gas statione it is in fact a storage area for heavy equipment ( 2 cranes~ 2 bull dozers~ front end loaderse four lO-wheel dump trucks! tow trucks and pickup trucks see enclosed photos) and is a nuisance most of the time as outlined in our letter of April 1%~ 1986. Gasolinee in fact~ cannot be bought at this so-called "gas station~'. There being previous objectionse all unansweredt the legal existence of this enterprise is questioned. It is requested that some explanation be forwarded and/or a sequence outlined so that this condition can be eliminated. Please advise at your earliest Very tr~y yours convenience. Eric. CC: Victor Lessarde Bldge Henry Smithe Trustee Dept. In order to discuss this properly with our membere- ship (50) dwellings) the status of this property has to be outlined as we wish to process this objection. It is therefore requested that we be advised of our rights and a method of approach to have this condition remedied. Please advise at your earliest convience. Very Truly Yours, .... ~--~resident CC Victor Lazard, Bldg. Dept. Henry Smith, Trustee RICHARD F, LARK February 6, 1987 Francis J. Yakaboski, 456 Griffing Avenue Riverhead, NY l19Q1 Esq. RE: People vo Robert Schroeder and Ethel Schroeder Dear Frank: In connection with the above-captioned matter, I am enclosing a copy of the Informatipn, The Southold Town Building Department has the entire file in its office. Due to a conflict in this matter, I will not be able to handle it. Judge Tede$chi adjourned the matter until March 6, 1987 to enable the defendants time to obtain an attorney. From what I can determine, the matter will be contested, so you should contact Curt Horton at your earliest convenience, Very truly yours, RFL/mld cc: ~on, Frederick J. Tedeschi, C Justice Court, Town of Southold urtis Horton, Building Inspector Richard F. Lark 734-$1OO AREA CODE 516 Delivered by hand, September 26, 1986 Southold Town Building Dept. Town Hall - Main Road Southold, NY 11971 Attn: Curtis Horton Building Inspector Dear Mr. Horton: Re: Sound Shore Excavating CorD. East Marion, NY In accordance with our conversations relative to the above captioned matter, and as a follow-up to our letter to you of Sep- tember 26, 1985,' I should like to advise that a continuing tres- pass and violation of the Southold Town Zoning Ordinance is occur- ring with respect to premises owned by myself and my wife, at East Marion,~ by Sound Shore Excavating Corp. A review of the situation as it now exists would clearly evidence an intolerable violation and destruction of property which I respectfully request the Building Department take immediate steps to rectify. The violations that are occurring on a daily basis constitute a serious violation of the residential character of the surrounding area and show a patent dis- regard for the Southold Town Zoning Ordinance. I should appreciate, upon receipt of this letter, if you would take an ii, mediate course of action to prevent any further violations of the ordinance and of the trespass upon the adjacent properties; also, that I be apprised of any such course of action followed by your Department. Thank you for giving this matter your immediate attention. Very truly yours, RJC:e QRON. and CRON, ESQS. September 26, 1985 Southold Town Building Dept. Town Hall - Main..Road Southold, NY 11971 Attn: Curtis Horton Building Inspector Dear Mr. Horton: Re: Sound Shore Excavating Corp. East Marion, NY The purpose of this letter is to advise your office of a continuing violation of the Southold Town Zoning Ordinance which is apparently taking place at my residential properties situate at Main Road, East Marion, NY, adjacent to a~gasoline service station owned and/or operated by Sound Shore Excavating Corp., at which heavy industrial equipment and materials have been placed and stored, contrary to expressed direction to forth- with remove same.' It is respectfully requested that your office take immediate steps, civil or criminal, to rectify the continuing trespass upon residential lands and the maintenance Of indus- trial equipment in an "A" Residential Zone, all contrary to the Zoning Ordinance of the Town of Southold. RJC:e Vgry truly yours; BLDG. DEPT. TOWN OF sOUrHOLD 734~5100 AREA CODE September 26, 1985 Southold Town Building Dept. Town Hall - Main Road Southold, NY 11971 Attn: Curtis Horton Building Inspector Dear Mr. Horton: Re: Sound Shore Excavating Corp. East Marion, NY The purpose of this letter is to advise your office of a continuing violation of the Southold Town Zoning Ordinance which is apparently taking place at my residential properties situate at Main Road, East Marion, NY, adjacent to a gasoline service station owned and/or operated by Sound Shore Excavating Corp., at which heavy indUstrial equipment and materials have been placed and stored, contrary to expressed direction to forth- with remove same. It is respectfully requested that your office take immediate steps, civil or criminal, to rectify the cQntinuing trespass upon residential lands and the maintenance of indus- trial equipment in an "A" Residential Zone, all contrary to the Zoning Ordinance of the Town of Southold. RJC:e V9~y truly yours~ ~ ~_~~r~~-~z~o n L~oatlon! ~-asterly side o~ new building line to be at least 20 feet frca pre~ent eaeterl~ property l~e of Charles M. King. ~orth side off new b~ilding t~ be located at least 20 feet south of and parallel to northerly line of preeeat building, ~resent sign aunt Be relocated to oonfform to five foot setback fro~ all property li~e~ iff present location ia in violation of Ordinanoe as a~ended. lis aaJor repair work shell Be perfome~ in the open. l~pe~ lA. riveting and Other deviues shall Be loeated at least fiftewn (1~} feet fr~ the line of any street or highway~ right of way or property line. Ail fuel or sinllar aubetanoes e~all be stored at least fiffteen (15) feet d~eta~ae frca a~y street or lot line. No autc~obiles~ or auto.bile partes dismantled or damaged vehiales and eiailor &rtiolee shall be stored ia the open a~d no parking of vehicles, other thaa those beLug eervioe~; shell be permitted. ~ r~ ~t the m It~tMa des Mt constitute aa expansioa of a noa- eoafa,,~l~q ~e ami t~t it wZll ia fast be ~ealler th-. the present etatioa and say be e~eeted $~ enh~e the sheraoter of the neighborhood. (NOTE RE: FII~INGS OF THE BOARD) This special exception for the removal of the delapidated gas station to a point well in back of its present location and the replacement (a new modern set up) was, among other consider- ations, the probable development of this area as well as the improvement of appearance ~ the area. The need of the neighbo~,hood for better service station facilities and the arrangement of the new station so that unsighly vehicles etc. would be kept under cover. There were many minor considerations as well and inasmuch as the owner was willing, as one of the conditions, to purchase land adJoining~ the whole set up was definitely to the advanta~e of the neighborhood. The present gasoline pump island highway and cars are parked, at times, be eliminated. is now practically on the on'the road. This will ion Minutes Board of Appeals May 29, 1958 A regular meeting of the Southold Town Board of Appeals wes 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, Robert Bergen, Mr. Herbert Rosenberg and Mr. Absent: Mr. Serge Doyen, Jr. Jr.; Chairman, Mr. Charles Grigonis, Jr. Also presnet; Mr. Howard M. Terry, Building Inspector. PUBLIC HEARING: Appeal No. 63 - Applic~tion of Charles M. King of Sunset Shores, East Marion, New York, for aspecisl e~ception under the Zoning Ordinance to demolish present gasoline filling station and erect a new g~s station on the s~,me loc~tion. Application w~s read by the Chairman as well as the legal notice of public he, ring and ~ffidavit from the Long Island Tr~veler-Mattitu Watchmmn attesting to the publication of notice, ~nd letter to ~,app- licant advising d,te of public hasting. 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 approxim~tely 16 feet. A possibility of acquiring fifty feet additlons1 frontage on the East exists. Discussion was also held on the proposed location, setback, tank size and location, etc. Chairman: Is there anyone present who wishes to speak against this appl~cation? No one spoke against the appeal. General conditions relative to gasoline stations, ~ipulated in the Minutes of April 3, 19%8, were read and imposed. Discussion was held regarding relocating present sign and it was the decision of the Board that the sign must be moved, if necessary, to conform to five foot setback from all property lines, in accordance with the Zoning Ordinance. The estimsted cost of the new building - ~13,500.OO. It was noted that a "B" Business district was applied for hut that no action has yet been taken by the Town Bosrd 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 loc,ted at least 20 feet south of and parallel to lccation of present structure. Appeal w~s unanimously grmnted. Board reasoned that the new station does not constitute an expansion of a non-conforming use and that it will in fact be smaller than the present station and may be expected to enchance the character of the neighborhood. · (~, ".. TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 6.~ Dated ACTION OF THE ZONING BOARD OF APPEALS OF TOWN OF SOUTHOLD At o meeting of the Zoning Board of Appeals on ~ 1958 wes considered and the corian indicated below was taken on your ( ) Request for vcrionce due to lock of eccess to property ( ) Request for ~ special permit under the Zoning Ordinance ( ) Request for ~ vorionce to the Zoning Ordinance DATE...~....1~.....~ ~....1.~..~ Appellant the appeal 1. SPECIAL PERMIT. By resolution of the Board it was determined that o 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 because 2. VARIANCE. By resolution of the Bo, ord it was determined that (a) Strict application of the Ordinance (would) (would not) produce undue hardship because (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the 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 prev~us decisions of the.Building Inspector ( ) be confirmed ( ) be'reversed ~, 8]~IAL lg:l¢~FTIO]~Jf Dy rlaolut:lon o~ ~ B~ it ~a de~ed ~t t~e s~hl ~option ~ d~ proaent ~lino fill~& i~tion ~ e~ot a s~t~ ~ ~ ~Jeot ~ ~ fo~w~g sti~t~ll e~ ~er ZONING BOARD OF APPEALS Gr~co B, ~Ter Form ZB4 Looationl Easterly e~e of ne~ buildin~ line to be at least 20 feet fr~ present easterly property li~e of Charles U, King, North aide of now b~llging to be located at lecot 20 feet south of and parallel to northerly line of pre~e~t bulldin~, Present ol~ must b~ relooated to toni'ore to five foot setback from all property lir~s~ if present location is in violation of 0rdinanoe cB amended, Mo major repair work ~hall be performed in the open, Pum~o lubricating &n~ other devises shall be located at least fifteen (l§)feot fl~ tho line of any street or highway~ rlsht of ray or property lines ALl fuel or similar substanoee shall be stored at least fifteen (15) feet diet-nee frc~ a~¥ ctreBt or lot No &utc~oblloB~ or auto~obile part~ di~mantled or dansaed vehicles elmller articles ~hall be stored in the open and no park!n8 of vst~olee, other than these being serviced, ~hall be permitted. Buerd r~ec~ed that th® ~e~ ~tation does ~o% constitute aa e~ansicn of a ~- ecnfo~!~_- use end that it slX1 l~ f&ot be ~allar than the present etatio~ sad may be expeoted to enhance th~ oherao~er ef the neAghborhoo~. TOWN OF SOUTHOLD PROPERTY RECORD CARD ~//'-~ ~. g ' OWNER iTREET' VILI.~,GE E ~ DISTRICT SUB. LOT ,~re. otJ. ;= .~, APobt~_...o.G.-, I ' , , RES. LAND AGE NEW Farm TilloJ~le 1 Tillable 2 Tillable 3 Woodland Swampland Brushland · - BUILDING CONDITION NORMAL BELOW Acre Value Per Acre SEAS. ~'V3~' J IND. CB. REMARKS / /-5 '~/ ~ ~-'~ ~'-' ./..~ ~, :, ~.:', ,~,.,-~ -'- / Value House Plot Total M. Bldg. Extension Extension , E'<tenslon C~3rage OoBo ~ ~,/~> J~Foundation Ext. Walls Fire Place /~/~;~. ~. J Bath ~. ' -/~//~ ' i Floors ~'~/.~/ Interior Finish Porch I Attic Porch Rooms 1st Floor! BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of to the Board of Appeals of the Town of Southold TO.' 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) (Other) [¢±r¢le choice] --5 k-ror tc 'nt ,l }. 2. Tha~ the property which is the subject of the Petition is located adjacent to your property and is des- cribed ~ follows: I OG~ ~ ~ ~ ~ ~ - ~ 3. That the property which is the subject of such Pet tion is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are A~t_Lc].e ~, I ~ Sect~o_,2. ( ~", ~ I ;~ I I' ] Sect,~on 280-A, New York Town Law for approval of access over right(s)-of-wa.y. 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. (516) 765-].809, 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. Petitioner 0w.ers' m. : Post OfficA Addr~s PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADD~RESS STATE OFNEW YORK COUNTY OF SUFFOLK SS.: , residing at ( , being duly sworn, deposes and says that on the __ day of ,19 , 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 Southold; that said Notices were mailed at the United States Post Of- fice at ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this day of ,19 Notary Public (This side does not have to be completed on form transmitted to adjoining property owners.) February 9, 1987 Southold Town Zoning Board of Appeals Town Hall Main Road Southold, New York 11971 Re: Robert Sch~oeder and Ethel Schroeder Dear Sirs: Pursuant to Southold Town Law Sec. 100-121, Robert Schroeder and Ethel Schroeder request the following action by the Southold Town Zoning Board of Appeals: (1) That by reason of the criminal summons issued by Southold Town Building Inspector on January 9, 1987, an appeal is made of the interpretation by the Southold Town Building Inspector that: (a) Appellants changed the use of an existing building without obtaining a Certificate of Occupancy. (b) Appellants changed the use of land without obtaining a Certificate of Occupancy. (c) Appellants changed the use of a non-conforming use of a gasoline filling station on Appellants' premises without obtaining a Certificate of Occupancy. (2) That Zoning Board of Appeals provide an interpretation of the definition of Public Garage in Southold town Law Sec. 100-13 by reason of Building Inspector's interpretation of building zone ordinance as set forth in paragraph (1) above. (.3) That Zoning Board of Appeals determine whether Appellants' use of a Public Garage falls within the definition of Public Garage in Southold Town Law Sec. 100-13. Sincerely, Patricia C. Moore, Esq. PCM/df Enc. I~OARD OF APPEALS. TOWN OF SOUTHOLD In the Matter or the Petition of : to the Board of Appeals of the Town of Southold : TO: 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 Pe~__rmit) (Other) [¢±r¢le cho±¢e] 2. That the property which is the subiecl of the Petition is located ~di~cent lo your property and is des- cribed ~ follows: IOOO -- ~ ~ - ~ - ~ 3. That the property which is the subject of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: ~x,,'~tn o~ -Tr~crore¥ohc~ b,~ _~r,~hc~-~r~ 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Art~.cle Y', I ~ Section ( Dc, ~ I ~ I [ ] Section 280-^, New York Town Law for approval of access over righ'c(s)-of-wa.y. 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. (516) 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. Dated: ~-~//~ /~.~. ~,7 . ? ? Petitioner Owners'Names: Post Office Address NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRES.~S STATE OF NEW YORK ) COUNTY OFSUFFOLK) SS.: , residing at ~ , being duly sworn, deposes and says that on the __ day of ., 19 , 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 Southold; that said Notices were mailed at the United States Post Of- fice at ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this day of ,19 Notary Public (This side does not have to be completed on form transmitted to adjoining property owners.) February 9, 1987 Southold Town Zoning Board of Appeals Town Hall Main Road Southold, New York 11971 Re: Robert Sch~oeder and Ethel Schroeder Dear Sirs: Pursuant to Southold Town Law Sec. 100-121, Robert Schroeder and Ethel Schroeder request the following action by the Southold Town Zoning Board of Appeals: (1) That by reason of the criminal summons issued by Southold Town Building Inspector on January 9, 1987, an appeal is made of the interpretation by the $outhold Town Building Inspector that: (a) Appellants changed the use of an existing building without obtaining a Certificate of Occupancy. (b) Appellants changed the use of land without obtaining a Certificate of Occupancy. (c) Appellants changed the use of a non-conforming use of a gasoline filling station on Appellants' premises without obtaining a 'Certificate of Occupancy. (2) That Zoning Board of Appeals provide an interpretation of the definition of Public Garage in Soutbold town Law Sec. 100-13 by reason of Building Inspector's interpretation of building zone ordinance as set forth in paragraph (1) above. (-3) That Zoning Board of Appeals determine whether Appellants' use a Public Garage falls within the definition of Public Garage in Southold Town Law Sec. 100-13. of Sincerely, Patricia C. PCM/df Eric. Moore, Esq. BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter oT the Petition of : to the Board of Appeals of the Town of Southold : TO: NOTICE ~0 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) (Other) [circle choice] 2. That the property which is the subiect of the Petition is located adjacent to your property and is des- cribed as follows: i ©0C3 .- 3~ ~ - S - L~ 3. That the property which is the subject of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are ~ticle ~{ I ~on (&&, - {~ I ~ ] Section 280-A, New Y0~k Town Law f0~ approval 0f access ove~ 6. That within five days from the date hereof, a written Petition requesting the relief s~cified above will be filed in the Southoid Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. {516) 7~5-1809. 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. Dated: /~¢,:'~Z&'~-.., /~, /~,~ . Petitioner Post Office Address NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS N l ec, cl C cd chaff ) ~b ~ ~ , being duly sworn, deposes~nd say~ that o~ ~he /~ ~ day of ~ ~ ~ ,19 ~ , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, ~irected to each of lhe above-named persons at the addresses set opposite thor respective name; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the currenl assessment roll of the Town of Southold; that said Notices were mailed at the United Stat~ Post rice at 5C~ (certified) (registered) mail. Sworn to I~ef~re me this day~f ~"~_.~ axe.. ,,19~ ; that said Notices were mailed to each of said persons by (This side does not have to be completed on form transmitted to adjoining property owners.)