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HomeMy WebLinkAbout4701I F nPR 26'99 _5:SCS SCIU7HUL� 7GWIN MtOLP'711•IG �` 5 X251 P,3? 4 - - 70WN � I,�T4OLD,, NEW YORK ^' ( r S APµ t�� T14N FDR SPUTAl PXGFP7i{iN �`J7- sW '/7Cj/, cr {,e .I b. a� 810999 I I gaP , i Application No. It �IitL'v� iI iO'THL tUNNIN// 4ARD OF APP S056tK: of (Residenceenue House No. and' Stri et ,5ow7: olc?.*' ve-4vgar /117/ RanlaL, ,T&, Zlp C;Tepfiane um c hereby apply to TNF 70,1ING BOARD OF APP_MS tat a SPECIAL E7CEPTION in arroedtncn it the ZONING ORDINANf.F, ARTICLE 5LC'r1ON , SUSSECTTON for Che he;uw-desGr'itai propertyFor the f0lowing uses and purposes tend as s.hcwn;on Lha dUdchud pian dra%i to scale }1 A, Statement of 4wnftyship and InLeiest. is(ara) the owners} 1rnp.rty nowr. a ra erred to as '(�111M. yp'�lorf¢y v 3 (Flrs�3 6�5t� am eL T Ontifie o X72 ri 1000,— — "PSffn�k L` un� 'Tax -x-Yaps as Section, oc 1 Lot(s} ® wtiGh r,n't� i,} un a subdtVision Nip (Filed 'Men oTL?r_� hi led Ma No. and has een appr ed y the Scut n'fd Tcwn"p ann.vlg odrdon as a [Minor] [Mdjor] Subdivision). The above?-da.,'rrihed properly was acquired by the owner on ;7 S. 'rhe applicant alleges that the dpproval of this exception WOUld br, in narmung tha intent and purpose of ^:aid zoning urdinanGe and that the propoS2d use confurn! Lha standards prescriked therefnr in Said urdindm;i and would not be detriman`.ai pruper•Lyur persons .r the neighborhood fnr the folluwiny reasons: C. T e property whist is the subject of this applicatinn i", Tnned L,` % [ i,s convatC.nt wi'n Th,+. psa(b) aasrribsd in the CertificitP ni Or.cupancy Uei TurniShed'harewith. ( ] is not ccnsisterc with the Certificate of Oo.tupancy being furnished brerswit for Ube TOElcwirq raason(s)t [ 7 fs vacant land. COUNTY OF jeF0ftK) ZA1zr. VAT 0F*5E -BRK}b it"rs �.� -(5igh'eLura} Sviur i 'u 4,Jcr me thi day of &*?4 4414 Zi1Z ;rev 2/6/85) CYNTHIA WALKER Notary Public, State of Ohio Nly Commission Expires 51111'2®.0 Recorded in Lake County � LE (t. August 21, 2000 AFFIDAVIT notarized In support of COMPLAINT against Liberty self storage 1040 Hortons Lane Southold NY RECEIVED AUG 2 12000 aouthoid Town Clerk to: Southold Building Department attached, minutes of Southold Town Board on this subject 'AID Z �3 7-.6 I am asking under Southold Town law that the wilding Depart- ment of the Town of Oouthold undertake appropriate action to cite Liberty Self Stor for violation of Zoning Board of Appeals conditions still in place on the property they own and. operate. My intent is two -fold: (one) to ask the Zoning Board of Appeals to reopen the matter of these conditions hopefully where both Liberty and the public (and the town) will have an opportunity to study, consider and decide what conditions are and are not appropriate and what conditions should remain to be enforced in the year 2000. It is my understanding that this can only be done by the Building Department receiving a complaint, investigating and in some manner referring the matter to the ZBA. It is nclear what precise formula is required and whether the-ZBA hasany legal obligations and whether the Building Department can bypass the ZBA or pursue the matter on its own in the courts, At a 'public' work session of the ZBA I was told by its Chair (one) that 'conditions' were filed with the Building Department (I would like to know if they are and 12 so since when) and (two) after a certain period of time the ZBA either couldn't or wouldn't iniate action without a complaint and Information from the Building Departmento 2. I was also told that the chair of the ZBA did not know whether its conditions could be enforced in or by a court or even taken to a criminal court. (2) I am interested in various rights and health issues as well as the functioning to date of the various branches and offices of local government. In terms of health and zoning, the intent of the original conditions on the 1040 Horton's property seems to be the comfort of the residential neighbors as well as the safety of the area. Planting and use restrictbons were established. These restrictions were not published and may be difficult to locate, They include conditions about use of thessorage buildings as well as the office/bays on Horton's. In regard to these or some sme of these permission was to hve been directly sought by own the caner before new businesses other than those listed were permitted to operate* THE BUSINESS MAGNUM AUTOMOTIVE REPAIR is in clear violation of this condition having no permissions granted and not being a listed use, Also, obviously, this type of business generates noise and various types of pollution which may be detrimental ge to neighbors, the gneral public and those renting self -storage units. I want this use brought before the ZBA as a violation for its consideration and the consideration of the public, Other possible or atual violations now taking place, anticipated or observed in the past include the following (as well as other possible code violations). 3. No external storage: at various times boats and other things were stored outside especially the winter of 98-99. No storage of cars: personal observance in 2000 of cat stored for several weeks. Personal observance of car stored In unit 249 within the last year. I was verbally told that the party renting 249 in August of 2000 intended to store their belongings as well as a jeep type small 'truck'. Southold Self -Storage fhiled to live up bovarious planning board requirements including puttingin 'fire wells'. Obviously, to presence of acar repair facility increases the danger of fire. The free speech issue is outside your ken but I want to domment. When owned by Mr. Gray the manager of the storage facility when I tried to address any questions quoted the section of the contract which gave thefficility the right to terminate the contract. Liberty has said much the same, in fact doing so. This is a problem which occurs also in Town hall. This is America and I believe this is also an issue which requires public discussion. I swear that the foregoing is tue, that I have rented units at 1040 Horton's Lane for over five years and am somewhat familiar with the operation by its several owners. Obviously it also would seem to violate the conditions that it n open on Sundays, be open only during certain hours and probably others. I ask that I be kept informed regarding this process and that a'suitable' party be named to act as ELIZABETH ASTATHIS 1 i as one NMARY PUBLIC. State of New York No. 01 ST6008173, Suffolk County Term Ex i g.�p,�,2� I SWEAR THAT THIS gl��'��fATrI iS RU : JODY ADAMS 8/l/00 3 JODY ADAMS: Ask him whether you can restrict the hours. TOWN ATTORNEY YAKABOSKI: We have always been on course with Bob Freeman, and the Committee on Open Government. JODY ADAMS: Okay, I am suggesting to this Town Board that in point of fact you as Town Attorney are very possibly giving false advise in several different areas. You are not pursuing law in certain areas, which is why these ...Have you been here all along? Hi. SUPERVISOR COCHRAN: Jody, address your marks to the Town Board, and not the television. JODY ADAMS: My dear, I did not know the television was there. Can someone read me back.my last statement if we are going to be in a court of law? Okay, I have like these sad people with their dirty water, and these other sad people with poles putting out God only knows what, which can be very terrifying, or perhaps will fall on their head, and perhaps no worse than a tree. I don't happen to know. It is touching, and we don't -like change in our lives, any of us. Be that as it may I have here, again, another law, and this ,is a condition of the ZBA that you are all appealing to in relation to the self -storage unit. These were conditions established by the ZBA supposedly enforced by the Building Department, and/or the ZBA, and/or the Town Attorney. They have listed a variety of things that are not supposed to happen. One of them is, no storage of vehicles, trucks, or major equipment, boats, etc. Now, in my little unit there, that I am more or less living in, today a large truck drove up, and they are going to be storing it there. Now, I have tried to get the Town Building Department, the Town ZBA, and the Town Board, and the Town Attorney to pay some attention to the violations of conditions by this self -storage unit, which in fact may well be injuring my health, as well as. Liberty Self Storage is the only self -storage in Southold. COUNCILMAN MOORE: It is not residential. JODY ADAMS: This is what bothers me. Nobody knows anything about anything. The ZBA when they grant certain exemptions, exceptions, permissions, will set.conditions just as a lot of other agencies. SUPERVISOR COCHRAN: We are aware of it. JODY ADAMS: But, you aren't aware of it, Mrs. Cochran. When Pug, Mr. Grey, first built this there were a variety of conditions set by the ZBA. Some of them were followed by Pub. Some were not. Some are perfectly legitimate. Some are certainly subject to question. He sold this place two years ago. The new people have really changed the tenure of the place entirely. They have put in a mechanical thing, a mechanic's, whit do you call it? A service station, which is in violation essentially, because permission was not given, and, they are of course emitting noise, fumes, etc. I have mentioned this before. Who enforces this? Why isn't it enforced? Would someone like to tell these people, who are renting there that in a point of fact they can't store their car here because, you know, this condition was set by the Zoning Board, and if not, why not? If so, how are these things handled, and why aren't they followed? COUNCILMAN MOORE: (Unintelligible) JODY ADAMS: A hundred times, and he supposedly discussed it with your Town Attorney, and I have discussed it with a zillion different people. All of them tell me something else, none of whom will do anything. Comment? COUNCILMAN MOORS: (Unintelligible) JODY ADAMS: How do you get it enforced? The Code Enforcement Officer say, I will..,have to do this, this, this, and this. Mr. Goehringer said, well, we will have to decide whether we 'want to enforce it. The Town Attorney as far as I can tell either is involved, or is not involved, because Mr. Forester does not clearly express himself often. Who is the Building Inspector incidentally who approved the tower, please? COUNCILMAN MOORE: We don't know. 8/1/00 4 JODY ADAMS: Can anybody appeal any decision of the Building Department that they don't like? Under what circumstances? Do they have a Special Exemption to build this tower? COUNCILMAN MOORE: (unintelligible) JODY ADAMS: Then how can you appeal it? COUNCILMAN MOORE: The Town Board has the right. JODY ADAMS: But, I wouldn't. COUNCILMAN MOORE: (Unintelligible) JODY ADAMS: Somebody is immediately affected by it. COUNCILMAN MOORE: We have special districts. JODY ADAMS: Okay, as I said my feeling is in dealing with Mr. Forrester and to a degree the Building Department generally, and more or less through him your Town Attorney, you are not enforcing laws, you are clarifying situations such as this saying, who should be doing what, and how should it get done, and why isn't the inspector doing it immediately? They have signs up, that I have asked them to look into which may not be legal. They have this mechanical thing, which is very possibly illegal. In running and operating the thing they are violating a variety of conditions and some of the reasons for these, you know who knows, it was twelve years ago, would they still hold up, I don't know, but why aren't they held to a hearing or something where these issues .can be addressed by the neighbors, and those who are affected? I really meant to bring this up in two weeks in regard to all your change of zoning, because some of those people will be going... COUNCILMAN ROMANELLI: I don't know where you are going with this. JODY ADAMS: I am saying, you are rezoning property. You are saying you are going to be, and you have all this business about... COUNCILMAN ROMANELLI: I just need to get on track here. Are we talking about the self - storage on Horton's Lane, or are we talking about rezoning property throughout town, and the Town of Mattituck? JODY ADAMS: I am not talking about the Town of Mattituck, except to ask you who the Building Inspector was, that was it. COUNCILMAN ROMA.NEd 'Are we talking about the self -storage on Horton's Lane; things go on there that should. go on there? JODY ADAMS; Yes, that is one thing I would like to know, and who does something about it, whether the conditions set by the ZBA? I COUNCILMAN ROMANELLI: The complaint has to come for someone to follow up on it, and then the Code Enforcement go and look to see if they actually are breaking the law, but a complaint has to come in first, and when he is there he will look at any complaints that come in, or any other violations that he sees. So, I think that handles the self -storage. JODY ADAMS: No, it doesn't handle the self -storage. I have been trying to get this done, and trying to get them to live up to this, and trying to get the ZBA to call them in to find out who is responsible for enforcing these laws, and nobody is- doing anything whether it is pushing it off one person to another, depends on the Town Attorney, depends baa, baa, baa, or they are, simply refusing to do it, and if the Building Department is refusing to do it's job don't you care, do you care? COUNCILMAN ROMANELLI: Of course, we do.'" JODY ADAMS: Well, what are you going to do about it? PLANNING BOARD MEMBERS g11f FOt,r`O BENNETT ORLOWSKI, JR. Gy 5 /1 Chairman WILLIAM J. CREMERS ti = KENNETH L. EDWARDS 41- • �� GEORGE RITCHIE LATH", JR. RICHARD G. WARD ?%Q1 �a PLANNING BOARD OFFICE TOWN OF SOUTHOLD T", C ELI I' r j{ i �' APR o April 6, 1999 � i Thomas Miller Liberty Self-Stor,` -Ltd:`— 8500 Station Street Suite 1000 Mentor, OH 44060 RE: Proposed additional buildings Liberty Self-Stor Horton Lane, Southold SCTM# 1000-63-1-10 Dear Mr. Miller, ZM Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 The Board has received your letter of March 8, 1999, in regard to the above project. The following additions/ changes must be made before the Board can proceed with its review: 1. Scale should be 1' = 20' 2. Drainage calculations required 3. Key Map 4. 30' landscaped buffer between business zone and residential zone to the north 5. Show zone lines In addition to the above, a review by the Zoning Board of Appeals is required as per the Special Exception # 3625 - SE dated April 8, 1987, condition (10), "any additional activities not applied for must be considered by separate application". A review by the Suffolk County Department of Health Services will be required before any possible final approval. If you have any questions, or require additional information, please contact this office. ince , I oert Kassner Site Plan Reviewer cc: Edward Forrester, Director of code Enforcement Gerard P. Goehringer, Chairman Board of Appeals 1 January 7, JtV eAK 2000 / 6o:, ZBA (each member, please)V/"/' planning Hoard, each member and Mr. Kassner Mr. Forrester -p� k qr�t� JAN 10 others in re; Liberty Self -Ston and related problems from; Jody .Adams I have reviewed much of the material in both planning and Zoning and talked to per. Forrester, Mr. Goeringer and Mr. Kassner (and the assessors) in relation to the origins, restrictions and current situation at 1040 Horton Lane, Southold in relation to the legality of its operations, its effect on the health and safety of the neighborhood and town and to try to determine who will determine what to do and when to do it. In doing this research various communication and visibility and enforcement problems have surfaced. probably your computer expert should consult with these departments and develop ways of flagging problems rather than allowing them to remain obscured. Further, consideration of some lipro-aetivef$ action to check on and ensure compliance should be considered (as in rental consideration). L`ven in instances when Justice Court has upheld positions the court and/or the Town have not insisted on inspection in terms of compliance (see Tonyes). The Tonyes situation also could reflect on fire and other rental hazards. While I am not totally clear on several things I am going to try and outline some sequences and what I see as present problems that require action (positive or negative). In my opinion (and fir. Forrester's) the ZBA Board with or without the presence of a town attorney or its own attorney needs to discuss the foregoing and the specific problems raised by Southold/Liberty Self Stor. The clearest violations are in regard to operation hours. A§ a tenant I can also present the company's arguments and it may be that an adjustment is needed. 2. I have noted also the differences in attitude; Mr. Kassner saying that Liberty will have to put in the fire wells even without expansion (I think he said that) .... Mr. Goeringer seeming to say they are not considered important - e Georinger (sp7) says they can apply toTown Board for an exmption. Conditions were placed on both the front buildings, South anyway, and self storage units. one exemption was granted regarding the storage of trucks publicly in 1991 (a condition being that the area used be blocked from view of Horton's Lane by either plantings or a vinyl fence. At present, Liberty has one trek whichit rents out itself (not exempted, not formally permitted use) which advertises its company and is visible ...there is no protective fencing as required by the 1991 exception. 1y understanding is that in regard to the South building only verjy specific named businesses were allowed without ZBA approval. one of the things I would like to know is 14HAT IS THE FCRNAT FOR SUCH APPKCVAL• Perhaps that should be clearly developed. Pair. G of ZBA said Forrester should do everything but, to me, if a person is supposed to appear before the ZBA he should be forced to appear before the ZBA- And I believe the Planning Board should be more aware of Zoning condition violations then they presently seem to be. As I have previously stated and will swear to; in violation of the conditions of the ZBA as I understand them (one) the business operates seven days a week from 7 am to 7 pm. It is supposed to operate 8 am to 5 pm and be closed Sundays (1 believe this is unrealistic but that is a condition). With the exception of the 91 exemption - which needs clarifying - there is not to be outside storage, (that would include anything but the exempted trucks). The storage units are not to be used to house automobiles and related things - but have been. Again, the reasons for prohibition and perhaps determining an area for safe storage of such might be considered. Mr. G. of ZBA was aware that the Automotive use (magnum) is a possible fire -a- 3• threat making it worthy of considerable commhnityconsideration - and the question of considering additional safe guards if that use is permitted. Interestingly, I have not found restrictions on the Building in the front to the north but they may be the same. The first two exceptions were nonpolluting. An office space next to Magnum was used for storing Beer park water (nonpolluting). j1here Magnum is I believe was first used for a while for a crating and moving business and then was in legal infinity for several years. Grattan's Grinding is in the N ri rth building without any specific approval and until recently somethmng to do with boats was next to it. Both Grattan and the boat company make quite a bit of noise. The automotive company as brought in some hot rodders (and police officers) and been the reason for some highly polluting actions. I believe that the work being done at Magnum should not be done at that location. If it is, certain safeguards including a closer study of what is done, fence and planting protection btween the storage facility and Magnum and possibly the fire protection. Laws regarding noise pollution should again be considered. Grattan's reminds of us the fact that Southold has not considered banning the hellish machines to blow snow and leaires. Generally, other than noise it A seems a useful and used business. I am not sure that was true of the Boat business. People have said that 'such use is permitted within the zone', which if tune, ignores the carefully written special exceptions indicating that that property was special and required special consideration as did its neighbors. In its search to expand, the operating company has caused the Town to take note of at least the lack of fire protection (noting once again a Cohhran conflict). It should have flagged a total review of other conditions which I am now providing. Note that there is a letter somewhere from the Department of Health in re odors possibly toxic which can be emitted from heated asphalt/tar areas. Since the town has preserved seven acres acevvss from 1040 Hcrton's consideration 4 to not expanding that business, to studying its past uses, the town's needs in relation to the conditions and the health and welfare not only of residents but also those who for whatever reason are using the storage facility. I have more information on the foregoing if asked. In its application Liberty states that the facility is not for sale. NBnetheless, it has apermanent sign FOR SALE OR RENT in front and I have its photo. That sign has been up since Liberty took over. I will note also that, as usual, the failure of the Town of Southold to provide coherent oversight of its agencies and its conditions has contributed to a conflict I am having with Liberty Self -Ston. There are also legal and moral questions regarding the technical way it is being operated which somebody other than me should consider. For instance, they have established a two tier charge. The first (during a rent increase) is for tenants already in the facility, the second is for new tenants. Tis is unusual and seems to me a problem Hue, perhaps, in part, to the failure of �jr. Forrester to note the special conditions when I first complained about Ramrod and related things I have been in more conflict then I should have been with the company operating 1040 Horton and, in fact, they are terminating my contract, locking me out and possibly ridding e the world of my blongings or disposing of them. THIS RAISES ANOTHER VERY IMPORTANT ISSUE legal moral political and environmental ... laws and procedures surrounding the disposal of 'abandoned' property in Southold and elsewhere. This requires manypages in and of itself. It obviously can be a financial bnnanaa to harrass or intefere with persons and their property andultimately get to keep or dispose of it. protecrive laws do not seem to exist. For quite a while Liberty handled these things very poorly and ran the facility disgustingly. IF believe this should be looked into. I end by attaching a related Newsday article. I urge that all these issues be studied and if possible be put on for a broad spectrume public hearing (users including local business people). It would be nice if L�/ 5• the rights of users in relation to 'termination' were discussed and protections as well as infovmation developed. Let it be noted that the same attempt to intimidate was used by the employees of Mr. Gray (we have the right to terminate). At the moment I somewhat feel that if one is not protected at a self storage unit what is the use. Perhaps there will be a peaceful and/or productive resolution. T,,e ZBA states it will be discussing L bort on the 13th and may set a hearing for the following month. I hope they will seriously consider this matter. I note also that the poblems I tried to raise with the ZBA regarding the North Fork Motel (and police abuse) was never resolved - condo/motel... and the Suffolk Times Newspaperhas recently printed an article which states the clear pokition that the N rth Fork Mvtel was wrong in its action, and therefore obviously the Southold Town police (Sgt. Sawicki and Ptl. ... can't remember) behaved illegally. This also should not be tolerated in Southold and I believe that the ZBA should look into its part of it and the Town into theirs. Urgently. JO Y ADAMS POB 33 Peconic NY 11958 -5� A30 ( ... . _ .`.. , Fighting to ProteceS,,,,__/ Evictees'Belong-ings with either the sheriff or the county legislature decid- ing who would pay the storage costs. Neither aide had statistics on how often property ie put out on the street, although both concede that the village's number of evictions is high compared with the rest of the county. Officials said that W the majority of evictions, tenants make arrangements for their property to be moved before the sheriff gets there. But when the property isn't moved on time, Lefler says, the county tries to do it "as humanely aepoem his ... we try to work it out with the tenant when to move the property ... we don't just go in and throw everything out the window.' But while the morality of the practice can be debat- ed,the decision over whether the�racticv3 will contin- ue will be decided on the legal paaci, involved. The county argues that state law clearly gives the sheriff the right to empty the apartment8of tenants who can't pay the rent. It also argues that a local anti -littering law can't superceds that authority. State law gives non-paying tenarita 72 -hour notice the property in storage for 3Q days, as is N—."y Fb tn. rs9.7/Dr =-"''"m the practice in New York City, Westches- Nassau District Attorney Denis Dillon suggested use of anti-Maring lar. ter and several upstate counties. But county officials say'the sheriff is only doing what he has been empowered to do by state law. And they are not pleased that Dillon has interjected himself into the matter. Acting County Attorney Richard Leffer said the } county advised village officials that if they wanted to g stop this practice they had to change State law so that either the landlord would pay for the storage fees or the! eviction fee that landlords now pay the sheriff for moving the property should be increased < to cover the costs. Otherwise, he said, county taxpay- ers will end up paying. o'We have no authority to force the landlord to pay ' for the storage," said Leffer, who §aid he is con- cerned that "our own DA is asking us to pay for this ... It is not our position to intervene in a private c matter. And why should we run up county fees when zN we are performing our statutory duty?" Dillon contends that, in addition to Hempstead Vil- lage, the county's overall practice should clangs, that their apartment must be vacated, but the county says it mentions nothing about putting property in sturag The State Legislature did not see fit to pro- vide for the Sheriffs storagwarevktee party at land- lord -expense. It is respectfully ahlmu that it was the intent of the Legurlatrue not to require this," says the counWs brief, which goes on to say that the vil- lage's anti -litter law would interfere with the sheriffs authority to put the property in the'�ublic domain' But Weinstein contends that pputting the property in storage has no effect on the sheriffs powers. The only difference, he says, is the storage cost, which is a "small price to pay to preserve the dignity of the community and the tenant, to safeguard the proper- ty and to avoid the health and safety concerns atten- dant to placing the property out by the curb.... No- where is it written in the statute that an evicted ten- ant's belongings must be placed along the street or sidewalk or in a snowbank, or left out in a driving rain to effect an eviction.' The issue in a lawsuit brought LAW AND by the village of Hempstead ORDER t Nassau County>e wbeth- er alocal anti -littering law ren prevent authorities from taking ,� the property of an evicted tenant sad.placing it at tbe curb. Bat aaderiying the lawsuit is i a moral -debate over the prac- tice, which has gone an for years in both Nassau and Suffolk. The issue is whether it is right for Bohin the sheriffs office, with 7&hour Topping notice to a tenant who can't pay the rent, to pack up the renter's property, stack it curbside and leave. Unless the tenant is there to collect the property, it stays on the street as fair game for passersby. It is the morality of the issue that has attracted the interest of Nassau District Attorney Denis Dil- lon, the county's chief prosecutor who, historically, has become involved in issues that, some say, take him far afield of his duties. And in this case, the situation puts him at odds with the county. Dillon, who has became involved in a number of causes involving the quality of life in Hempstead ,last month filed a friend -of brief in the suit, -which is now being considered by the Appellate Di- vision. The brief argues that a lower court was wrong when it ruled last year that the practice was legal. district attorney says he has be- yThe come involved in the court case because ' the practice ultimately leads to crime. The act of dumping a tenant's belongings near the street despoils the community, at- tracts a criminal element and contributes to crime," states the legal brief, written by Dillon's appeals chief, Peter Weinstein. But Dillon also acknowledges that he was moved to intervene by the emotional pleas of civic leaders who said the practice was offensive and unnecessary. The goal basically is to help poor peo- ple," Dillon said in an interview. This practice of putting their property on the sidewalk and leaving it there is an in- fringement of the basic dignity of human beings, whether they are poor or not poor, and housing is a basic right.... Govern- ment should do what it can to make it easi- er for poor people in difficult circumstanc- es.' Dillon acknowledges he advised the village to take the legal tack of saying that the practice violates the village's anti -lit: tormg law. Dillon advocates, in his brief to the court, that the county should instead put with either the sheriff or the county legislature decid- ing who would pay the storage costs. Neither aide had statistics on how often property ie put out on the street, although both concede that the village's number of evictions is high compared with the rest of the county. Officials said that W the majority of evictions, tenants make arrangements for their property to be moved before the sheriff gets there. But when the property isn't moved on time, Lefler says, the county tries to do it "as humanely aepoem his ... we try to work it out with the tenant when to move the property ... we don't just go in and throw everything out the window.' But while the morality of the practice can be debat- ed,the decision over whether the�racticv3 will contin- ue will be decided on the legal paaci, involved. The county argues that state law clearly gives the sheriff the right to empty the apartment8of tenants who can't pay the rent. It also argues that a local anti -littering law can't superceds that authority. State law gives non-paying tenarita 72 -hour notice the property in storage for 3Q days, as is N—."y Fb tn. rs9.7/Dr =-"''"m the practice in New York City, Westches- Nassau District Attorney Denis Dillon suggested use of anti-Maring lar. ter and several upstate counties. But county officials say'the sheriff is only doing what he has been empowered to do by state law. And they are not pleased that Dillon has interjected himself into the matter. Acting County Attorney Richard Leffer said the } county advised village officials that if they wanted to g stop this practice they had to change State law so that either the landlord would pay for the storage fees or the! eviction fee that landlords now pay the sheriff for moving the property should be increased < to cover the costs. Otherwise, he said, county taxpay- ers will end up paying. o'We have no authority to force the landlord to pay ' for the storage," said Leffer, who §aid he is con- cerned that "our own DA is asking us to pay for this ... It is not our position to intervene in a private c matter. And why should we run up county fees when zN we are performing our statutory duty?" Dillon contends that, in addition to Hempstead Vil- lage, the county's overall practice should clangs, that their apartment must be vacated, but the county says it mentions nothing about putting property in sturag The State Legislature did not see fit to pro- vide for the Sheriffs storagwarevktee party at land- lord -expense. It is respectfully ahlmu that it was the intent of the Legurlatrue not to require this," says the counWs brief, which goes on to say that the vil- lage's anti -litter law would interfere with the sheriffs authority to put the property in the'�ublic domain' But Weinstein contends that pputting the property in storage has no effect on the sheriffs powers. The only difference, he says, is the storage cost, which is a "small price to pay to preserve the dignity of the community and the tenant, to safeguard the proper- ty and to avoid the health and safety concerns atten- dant to placing the property out by the curb.... No- where is it written in the statute that an evicted ten- ant's belongings must be placed along the street or sidewalk or in a snowbank, or left out in a driving rain to effect an eviction.' A30 rMINvv1111111r I slow .vrr+s.v a✓ gyp. F1* ghtl* ng to Protect° victees'Belongilngs The issue in a lawsuit brought ' LAW AND by the Village of Hempstead ORDER against Nassau County is wheth- er a local anti -littering law can prevent authorities from taking the property of an evicted tenant and -placing it at the curb. But underlying the lawsuit is a moral -debate over the prac- tice, which has gone on for years in both Nassau and Suffolk. The issue is whether it is right for Robin the sheriffs office, with 72 -hour Topping notice to a tenant who can't pay the rent, to pack up the renter's property, stack it curbside and leave. Unless the tenant is there to collect the property, it stays on the street as fair game for passersby. It is the morality of the issue that has attracted the interest of Nassau District Attorney Denis Dil- Ion, the county's chief prosecutor who, historically, has become involved in issues that, some say, take him far afield of his duties. And in this case, the situation puts him at odds with the county. Dillon, who has become involved in a involving the number of causes quality of life in Hempstead Village, last month filed a friend -of -thee brief in the suit, -which is now being considered by the Appellate Di- vision. The brief argues that a lower court was wrong when it ruled last that the �- year practice was legal The district attorney says he has be- come involved in the court case because ' the practice ultimately leads to crime. 'The act of dumping a tenant's belongings near the street despoils the community, at- tracts a criminal element and contributes to crime," states the legal brief, written by Dillon's appeals chief, Peter Weinstein. But Dillon also acknowledges that he was moved to intervene by the emotional pleas of civic leaders who said the practice was offensive and unnecessary. "The goal basically is to help poor peo- ple," Dillon said in an interview. ` Ilds practice of putting their property on the sidewalk and leaving it there is an in- fringement of the basic dignity of human beings, whether they are poor or not poor, and housing is a basic right.... Govern- ment should do what it can to make it easi- er for poor people in difficult circumstanc- es." Dillon acknowledges he advised the village to take the legal tack of saying that the practice violates the village's anti -lit- tering law. Dillon advocates, in his brief to the court, that the county should instead put the property in storage for 30 days, as is the practice in New York City Westches-Nassau [ ter and several upstate coins. But county officials say 'the sheriff is only doing what he has been empowered to do by state law. And they are not pleased that Dillon has interjected himself into the matter. N Acting County Attorney Richard Leffer said the } county advised village officials that if they wanted to a stop this practice they had to change state law so that either the landlord would pay for the storage fees or the eviction fee that landlords now pay the sheriff for moving the property should be increased Y to cover the costs. Otherwise, he said, county taxpay- o w ers will end up -paying. LU "We have no authority to force the landlord to pay c°, for the storage," said Leffer, who haid he is con- cerned that "our own DA is asking us to pay for this a o . It is not our position to intervene in a private matter. And why should we run up county fees when we are performing our statutory duty?" zz Dillon contends that, in addition to Hempstead Vil- lage, the county's overall practice should change, with either the sheriff or the county legislature decid- ing who would pay the storage costs. Neither side had statistics on how often property is put out on the street, although both concede that the village's number of evictions is high compared with the rest of the county. Officials said that in the majority of evictions, tenants make arrangements for their property to be moved before the sheriff gets there. But when the property isn't moved on time, Leffer says, the county tries to do it "as humanely as possi- ble ... we try to work it out with the tenant when to move the property ... we don't just go in and throw everything out the window." But while the morality of the practice can be debat- ed, the decision over whether the practice will contin- ue will be decided on the legal principals involved. The county argues that state law clearly gives, the sheriff the right to empty the apartments of tenants who can't pay the rent. It also argues that a local anti -littering law can't supersede that authority. State law gives non-paying tenants 72 -hour notice RECEIVED `�� May 28, 1998 plannin J g/zoning/other MAY 2 8 1998 I am writing inrega.rd. to the controversy regarding JimboSouthold Town Clerk and_ the proposed storage units on Route 48. I have occuried units at his other existing storage area and done minor research into Ji.mbo's and Mr. Gray seniors financial background especially in relation to feather hill. In terms of not denying the present application there are certain possible considerations and changes that might be made. In summer, the area of the present facility nearest to Town Hall is largely hidden or unnoticeable due to planting. However, the planting is not evergreen so in winter the rro-, tection is lost. Mandating and allowing space for large evergreen planting and demanding it maifitained forever (which the ZBA has done rettnnis courts) might) might help solve the problem. I an concerned about Pcovering the area should either Mr. Gray fail or the business become outdated. Are there alternatives to the massive bla.cktopping present at the present unit. If the business falls, how can the land be recovered for a different use. There are other technical problems I can share with the present units - not having yet seen the new plans I don't know if they have beencorrected. Leaking is one of them. According to Town records the North Fork Bank took a 1,500, 000 loss when Feather Hill 'was returned to the bank'. I am told that this my be on paper only but certainly the economic background of Ji.mbo should be considered. 2. Gray/storage At present due to economic stress, summer occupancy and other things the storage business does seem to be a, useful adjunct of the local economy butperhaps one which right be best considered inrelation to overall goals. Other problems at the present unit include limited access to a single toilet (the office is often unpersoned). Due to the fact that I stillrent there I hesitate to go into some other matters. The building on Route 48 in Cutchogue was an eyesore when built. While I hpve .grown used to seeing it its necessity is unclear. I believe it was built prior to the home occupation law which made fewer people need such a facility. The present storage units have served a variety of purposes not the least of which is a base for the homeless. A study of housing and related policies might be a forerunner co the approval of Jimbo's present request. Jody POB 33 Peconic NY 11958 or units 251 and. another at Southold Self Storage if possible, copies to activists in this area RECEIVED ta� JUN 15 1998 Southold Town '-lerk June 13, 1998 Sccffholel Tom.. Clerk b1� The enclosed six pages are intended to be presented verbally to the Planning Board on June 15, 1998 in relation to the Jimbo slef-storage proposal. They address a variety of related problems. I would apprediste your seeing that conies are given to the followings (one) Building Department (two) Southold Town Board (three) Zoning (four) Trustees - (mostly for thought) (five) McMahon among suggestions is trying to develop means of repairing and meaningfully disposing of 'things' in the Town, in this instance related to the borage unit. Therefore, please also send to anyone ,you can think of with input or ideas in this aea. Thank .You. POB 33 Peconic, NY 11958 June 15, 1998 Southold Town Planning Board In re: Jimbo Realty Corp proposed self storage complex on Route 48, between Tucker's and Horton's Road. I wrote your Board and the Town Board and others some comments on this proposal. On reading the minutes I note that others raised some of the same issues. A few days after I turned in my comments on the proposal for a new self storage complex I was informed that Gray 'had lost' the Southold (Horton's Road) complex and there was a new owner. Further that all but one employee had quit 'owing allegience to Gray'. The other quit also. As my communication in writing to the Planning Board noted I hve had units at Southold Self -Storage since late 1994when a complex legal situation ended, temporarily, in my being put out in the Street. I contend that the actions of various Southold Town employees were major Actors in this event. My choice was to use a Riverhead Storage unit but as time went by my only help claimed insufficient time to help me to Riverhead so I ended up at Mr. Gray's (also leaving things all over the neighborhoold). At that time various small businesses operated with Southold Self -storage as a base. My near or immediate neighbor used a generator and built orf�npalred something and loudly told Mr. Gray he did t ant me as a neighbor - seemingly because I gve off bad vibes. A lot has happend since then in Jimbo storage page 2 eluding the changes in Feather Hill (from prospering to almost abandoned). I think the home occupation law at least effected occupancy of the Cutchogue industrial complex and I am sure other things I have little knowledge of. The secretary to this Board said that Mr. Gray uses many corporate names partially because ,your Board urged him to do so due to confust&n over his projects. I think on this matter your Board may have been wrong. Like others who addressed you I believe the time to determine economic viability of significant business and building proposals Is now. I am n6t business oriented but I am smart and I would like the Town in all its _guises and the Planning Board to start discussing new rules and lvm s which would introduce this element of any significant proposal within the Town. During my time (to date) at first Southold Self-Sboarage which is now Liberty Self-Stor with a Ohio nominal ownership - various problems have arisen (one) Mr. Gray did not permit credit cards whether due to financial problems oroiher Seasons I am unsure. Two) there were various management problems. legal problems, upkeep problems and other problems which Mr. Gray should have been awareof and I hold him responsible for. I recall having found a place to live being in a financial position where I could not pay both rent and storage and &&so was ready to move my belongings but I was locked out. Southold Self -Storage took one mon4'dposits usually on its'(39ntals. That money was returned withinrpirty days of leaving a clean and empty unit within certain other provisions. Management with or without Gray's personal knowledge would not permit me to 0 3. J i_mbo storage to remove Tyself within the dposit period keeping me locked out. Ultimately this created a mriety of problems for me and then for my landlords the Tonyeses who I prosecuted for Enting illegal units and, for a time. I wonsignificantly. This the domino theory of conduct. It also seems to be business run by the economically desperate. If Mr. Gray is rich as your previous speakers indicate, this conduct is even more reprehensible. I mm told that new annagement is taking both credit cards and not taking dpsoits so had they been running the storage unit nw I might be sacurely housed hying lost fewer posAessions and spgnt less time on the streets. I am not, therefore, an admirer of Mr. Gray and I am genuinely curious about his business practides. In reviewing Southold Self Storage someone in the Assessors said that the Bank (trhat bank?) took a 1.500,000 bath on Feather Rill. Whet 'Ind of community encouages this by allowing further such actions bvy the 'perp' and what pLecisely if true I would really like in a does this mean for the Town and the t general economic upturn to know. I realize this country but I question what is happening to basic ethics, morality and s tand e34. An earlier speaker mentioned the various 4ndards for successful operation of self -storage businesses. Active payttag occupancy. Legal conflicts in or out of court. Units requiring repair. Units empty and so on. Of course, the usual mortgage and related expenses. employees, maintenance and so on versus income also is important b consider. I described the storage units as places of last resort. As noted many small businesses still keep things in 4. these units and until the change of anagement a variety of people used the place as a true base. One of the other lost buildings was rented or leased to a anagen to develop a transport and packing business. That too went into ltiga ion and that manager was also working from a financial deficit. I alsolftiew the manager and his fathily prior to that and the son of Joan Terry, Scott, who was manager for the last three years at times parking close to 12 hours a day seven dys a week. Joan Terry sharing in book keeping and other msponsibilities ad apparently a basic emplmyee of Gray. The plice is in transition. It has out of State ownership and it is unclear who will run it or how. I do raise certain other questions bout this application and the running of Southold Self Storage. These include the dsposition of abandoned property (some things left are abandoned). The statement in Mr. Gray's application that the new units will not require a public bathroom. The question about what sounds to me 'a huge heating apacity and kether these are to be heated units with electricity and air conditioning and are they really two •read story and other questions. I do not mad blue prints comfort- ably. Are theddposits interest bearing and separate from other accounts as they would be in general real estate. And probably more. While these may not at present be part of what the law allows you to consider in making a decision these are what might be considered and put generally into law in the future. The office at the present complex has a bathroom which is assumed to be publicly available. Other than that it has occasional outdoor water faucets and minimal 0 ut of each electricity here and 5. J turbo storage m there. A toilet accessible all or ach of the time is close to a necessity especially if other 'rules' are enforced. An example is you are not supposed to leave things unattended in theyard as opposed to the units if put anything into the yard atall. Often to search organize or what have you it is necessary to violate this rule. If you do not have a bathroom you then have to (theoreticallly) put everything back into the unit and go somewhere else then r}urn and start all over. So I suggest that this needs some discussion. Further. since the yard or office anager often locks up the office 1 silggest toilet facilities outside the office might 14e andated. The matter of disposing of either abandoned things by the complex owner or manager and by individual tenants might also be a subject you should rview. A variety of things afi e involved and a partial reason for the dposit is to pay for getting rid of waste and cleaning the units. At one time a large sale took place for abandoned things and bnants were also allowed to sell but that was declared illegal by the Town. Disposition of repairable or usuble material is some- thing I would like to see discussed with charities and others to see how to meaningfully use unwanted things. A lot of waste may be generated by these units. In regard to the question of planting the ZBA does mandate for instance in relation to tennis courts.that evergreen screening. plants be installed and maintained. Bankruptcy and these other types of abandonment must be considered. Controlling the times. of traffic, the quedtion of traffic interruption also seem legitimate concerns. I am typing this in the storage unit and other problems m with the new anagement has arisen. I suggest Mr. Gray's business practices permitted and neouraged by the Town of Southold should be very carefully considered in the present in regard to the past 6. and the fixture -as should those of other businesses with equivalent potential and -Ir isiblepr^�I_MQ POB 33 Pecor.1c, NY 11958 sb*uthold Town Board of Appeals Appl. No. 3984. -10- February 1, 1991 Special Meeting ACTION OF THE BOARD OF APPEALS Application of PUDGE CORP. variances to the Zoning Ordinance, Article XIV, Section 100-141B(l) and C(1): (1) for permission to establish truck rental business as an accessory use, in addition to the Special Exception use condi- tionally approved 9/10/87 under Appl. No. 3660, and as limited by Condition No. 10; and (2) for approval of extended (modified) height of principal building, in excess of that approved under Special Exception Condition No. 8. Premises is zoned Light Industrial (LI) and is located at 1040 Horton's Lane, Southold, NY; County Tax Map Parcel No.. 1000-063-01-010. WHEREAS, a public hearing was held on January 11, 1991; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. By this application, appellant seeks variances for: (a) approval of a 35' by 90' maximum area between Buildings "E" and "D" for parking of hauling trucks (Ryder Rental or the like) for use by those privately renting the mini -storage units at the subject parcel, and not for rental to the public; (b) approval of the increased roof height of building "D" from the restricted 15 feet to 18+- feet. 2. The subject parcel is a described tract of land containing 6.89 acres with five one-story buildings and the subject building, use for "mini -storage" and office use. Southold Town Board of Appeals -11- (FUDGE CORP" decision continued:) February 1, 1991 Special Meeting arcel is located in the LZ (Light 3. The subject P a frontage of 351.93 feet along industrial) Zone District haviSo a fro , and is more particularly the east lido the Surton ffolkaCounty Tax Maps as District 1000, identified Lot 10 Section 63, Block 1, ro erty has been n 4. For before the Board of the record, it . is noted that this P the subject of the following applications Appeals: ht of the Appl. No. 3660 -SE to vary the height (a)buildings to a maximum of a feet ssociate dated .1.1 -storage setbacks as corrected by John A. Gramma August 5, 1987 (see ZBA findings for measurements); gu 1987 for six (b) Appl. No. 3625 rendered June � e buildings {at 12 ft. he one-story mini storag this determination, it is noted tha�1$oard 5. In making Condition No. 8) as rendered byh. conditions (including e above -noted determinations remain in full force an under th effect.this 6. T t is the position of this board that in considering application: the variance is not substantial in relation to (a) the code requirements► der the (b) circumstances (c) the diff iaulties are uniquely and are not personal in nature; the relief requested and within the intent is min3.UWl un code; of the zoning property (d) the essential character related to the variance will not �ersely of the neighborhood; (e) the variance will safety, health, welfare, comfort, and neighboring properties; effect the not in turn be convenience ororder to the of the town " Southold Town Board of Appeals -12- (PURGE CORP., decision Continued:) February 1, 1991 Special Meeting (f) in view of all the above, the interests of justice will be served by granting the limited relief, as noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, to GRANT approval for: (1) permission to establish private truck rental business, accessory and incidental to the mini -storage operations at the subject site; and (2) increased height of Building "D" not to exceed 18+- feet, as applied and, SUBJECT TO THE FOLLOWING CONDITIONS: . 1. The height increase to 18+- (+- meaning an additional 11.9 inches maximum) shall apply only to Building 2. Rental -truck parking area shall be screened from the property lines with 6' to 8' live screening or plastic -slatted chainlink fence so as not to be seen from Horton's Lane. 3. All conditions of the prior ZBA determinations shall remain in full force and effect; 4. Sign for accessory "truck rental" use will require separate approval by the Board of Appeals by formal application. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and Dinizio. (Member Doyen of Fishers Island was absent.) This resolution was duly adopted. 0 M APPEALS BOARD MEMBER' Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning BOARD OF APPEALS TOWN OF SOUTHOLD January 4, 2000 Mr. Thomas Miller Liberty Self -Storage Ltd. 8500 Station Street - Suite 1000 Mentor, OH 44060 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 Re: Appl. No. 4701 - Special Exception Review for Additional Buildings Dear Mr. Miller: In updating our file records, we note that during April 1999, you had asked that the above application be held in abeyance pending submission to Mr. Forrester by the Planning Board office for zoning certification (site plan procedure). The application will be reviewed on January 13, 2000 and calendared for a public hearing. Please advise of the status at this time with the agencies involved. Thank you. Very truly yours, Gerard P. Goehringer Chairman Southold Town Board of Appeals -33-September 10, 1987 Regular Meeting DELIBERATIONS/DECISION: Appl. No. 3660 -SE: Application of PUDGE CORPORATION for a Special Exception to the Zoning Ordinance, Article VIII, Section 100-80(B) for permission to construct "one-story mini -storage" buildings in this "C -Light Indus- trial" Zoning District at a maximum total height of 15 feet, at variance from Condition No. 8 of the Board's June 30, 1987 deter- mination, rendered under Appl. No. 3625, and with minimum setbacks (as scaled) on corrected Map dated August 5, 1987, prepared by John A. Grammas and Associates. Location: E/s Horton Lane, Southold, NY; County Tax Map Parcel No. 1000-63-01-10. The Board began deliberations. Following deliberations, the Board took the following action: WHEREAS, a public hearing was held and concluded on August 20, 1987 in the Matter of the Application of PUDGE CORPORATION under Appl. No. 3660; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located in the "C -Light Industrial" Zoning District having a frontage of 351.93 feet along the east side of Horton Lane, Southold, and is more particularly identified on the Suffolk County Tax Maps as District 1000, Section 63, Block 1, Lot 10, containing a total area of 6.89 acres (300,128 sq. ft.). 2. The subject 6.89 -acre parcel is being improved with two buildings as approved under Building Permit #14932Z on June 3, 1986, and Special Exception No. 3447 rendered May 1, 1986. 3. By this application, applicant requests a modification Southold Town Board of Appeals-34—September 10, 1987 Regular Meeting (Appl. No. 3660 -SE - PUDGE CORP. decision, continued:) to Special Exception No. 3625 rendered June 30, 1987 as permitted under the Provisions of Article VIII, Section 100-80(B) for the construction of six one-story buildings for "mini" storage as shown by Site Plan (Corrected August 5, 1987) and Floor Plan Drawing No. Al dated June 18, 1987, prepared by John A. Grammas & Associates, described as follows: (a) Building A [at the most southerly section] of a size not to exceed 50' by 300' with setbacks shown on the Site Plan to be 55 feet from the westerly property line, 50 feet from the southerly property line, 50 feet from the easterly property line; (b) Building B [at the easterly section] of a size not to exceed 50' by 432' with setbacks shown on the Site Plan to be 49 feet [not to scale] from the northerly property line and 50 feet from the easterly property line; (c) Building C of a size not to exceed 50' by 220' with setbacks shown to be not less than 50 feet [not to scale] from the closest westerly property line and 160± feet from the southerly property line along the Long Island Railroad; (d) Building D of a size not to exceed 50' by 140' with setbacks shown to be 280± feet from the southerly property line along the Long Island Railroad, 248± feet from the westerly property line along Horton Lane, 157± feet from the easterly property line, 272± feet from the northerly property line [not drawn exactly to scale]; (e) Building E [northerly center building] of a size not to exceed 50' by 120' shown to be setback a minimum of 75± feet, when measured to the given scale, from the northerly property line, 253± feet from the westerly property line along Horton Lane, 154± feet from the easterly property line. 4. For the record it is noted that the premises abutting the subject premises on the: (a) north is zoned "A" Residential and Agricultural; (b) east is zoned "C -Light Industrial," (c) south/southwest is residentally used although in the "C -Light Industrial" Zoning District. 5. In this proposal, the applicant has requested relief from Condition No. 8 of this Board's June 30, 1987 determination rendered under Appl. No. 3625 to permit the total height'of the Southold Town Board of Appeals -35 -September 10, 1987 Regular Meeting (Appl. No. 3660 -SE - PUDGE CORP. decision, continued:) proposed buildings to be varied from 12 feet to a maximum of 15 feet, as more particularly shown on the June 18, 1987 Floor Plan prepared by John A. Grammas and Associates (#5571, Dwg. No. Al). 6. It is the understanding that there are no other changes and that the following proposals again are considered in making this determination: (a) ground lighting; (b) no parking of trailers, trucks, etc.; (c) no storage of chemicals, gasoline, flammable oils, fuels, etc.; (d) no occupancy by persons of buildings Monday through Saturday, before 8:00 a.m. and not after 5:00 p.m., and in no event on Sundays; (e) no electricity, no workshop areas, no toilet facilities, no repairs or related work activity to be conducted; (f) maximum floor area of 30' by 50' (1500 sq. ft.) to be permitted for each rental unit; (g) no side walks or side drives around the perimeter of the premises; (h) six-foot high chainlink fence encompassin-g perimeter of all six buildings; (i) all elements shall be as regulated by Articles XI and XIII of the Zoning Code. 7. In making this determination, it shall be understood that this project shall not be in direct violation of any building or zoning code regulations; and in the event a question arises as to any possible conflicts with or imposition of a different requirement from this Special Exception, the provi- sion or requirement which is more restrictive or which estab- lishes the higher standard shall govern. 8. In considering this application, the Board also finds and determines: (a) that the use requested will not prevent Southold Town Board of Appeals-36—September 10, 1987 Regular Meeting (Appl. No. 3660 -SE - PUDGE CORP. decision, continued:) the orderly and reasonable use of adjacent properties or of properties in adjacent use districts; (b) the use will not adversely affect the safety, welfare, comfort, convenience, or order of the town; (c) the use is in harmony with and promotes the general purposes and intent of zoning. The Board has also considered subsections [a] through [1] of Article XII, Section 100-121(C)[2] of the Zoning Code in making this determination. Accordingly, on motion by Mr. Douglass, seconded by Mr. Goehringer, it was RESOLVED, to GRANT a Special Exception with modification of Condition No. 8 from a maximum height of 12 feet to 15 feet (one-story) as applied and proposed, TOGETHER WITH THE FOLLOWING CONDITIONS [reiterated from the prior June 30, 987 decision of this Board under Appl. No. 36251: 1. Proposed six-foot high chainlink fencing to be slatted and placed near or along all property lines which abut resi- dentially -used properties, as well as the fencing proposed between the existing buildings, and Buildings E and D. [The areas which do not require slatting will be along the east and southerly property lines.] 2. Hours of operation shall be limited as requested from 8:00 a.m. through 5:00 p.m. Monday through Saturday, 3. No storage of toxic chemicals, fuels, oils, or other flammable materials; 4. No storage of vehicles, trucks or major equipment, boats, etc.; 5. No trailers or tractor trailers; 6. No storage of fuel tanks; no outside storage of any materials; 7. All lighting must be shielded to the property (mushroom - type) and shall not be adverse to neighboring properties; 8. Maximum height shall be at 15 feet (one-story) as applied herein; 9. Minimum setbacks: (a) at not less than 50 feet from Southold Town Board of Appeals-375eptember 10, 1987 Regular Meeting (Appl. No. 3600 -SE - PUDGE CORP. decision, continued:) buildings C and A to the closest westerly property line; and (b) not less than that proposed in all other yard areas as shown on the corrected Site Plan of August 5, 1987 of John A. Grammas. Inasmuch as there appears to be some discrepancies between the given setback and the scaled setback figures, the setbacks shall be not less than the figures when measured "to scale.") 10 Any change of use or additional activities not applied 9 for hereunder must be considered by separate application before such occupancy or activity shall be conducted; 11. No elimination of fencing or plantings. {Also note paragraph 7, page 3, supra, if additional screening is required by the Town Planning Board.} Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Douglass and Sawicki. (Member Grigonis was absent.) This resolution was duly adopted. SET-UPS FOR NEXT HEARINGS CALENDAR: On motion by Member Douglass, seconded by Chairman Goehringer, it was RESOLVED, to set the following matters for public hearings to be held at the Southold Town Hall, Southold, NY commencing at 7:30 p.m. during the October 8, 1987 Regular Meeting calendar, subject to receiving information needed to complete the file prior to the advertising deadline of September 21st: Appl.,No. 3651 - Dean Kamen Appl. No. 3592 - Bente Snellenburg Appl. No. 3668 - Gerard C. Keegan Appl. No. 3657 - Clyde Fritz Appl. No. 3663 - Mario Castelli Appl. No. 3653 - North Road Associates Appl. No. 3593 and 3659 - Quiet Mann Inn Appl. No. 3664 - Ana G. Stillo Appl. No. 3670 - Robert H. Frey Appl. No. 3669 - Michael and Elizabeth Lademann Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Douglass and Sawicki. (Member Grigonis was absent.) This resolution was duly adopted. ,a.6r. 'ux (a,4nuewu.ii,u k puniumur�ngy_�yuM w.7n.mw� .,.��.mv��uw..�e+y,.W.�.�p.. ■ Ll F 11 ■ I ■ ■ ■ ■■■■ WRYK I mww� ZZ b wit, { �"► b� w ti�'�A �►tib 4 i i1M1# t � N` « �MO� , d ♦ � ♦ ►7 • - � 4 A �,� A 1� 0 1�♦ � _ F t z& t y z yi""'�Ut � 1�{� "i ♦ i y_t4yi1? 4 �«�A�+ '�' ,��' �y'� {i ,�.ID ♦ '� � -. i � �' �' ;'lti "n`��yy�,�"lq, ii �+ �� `'°� �!"t -�1�y1 ' :i I�i�� nT'�#�11��, ♦ ♦ � #jy'�♦�A�'���%M♦����* � ,� '�' 15, y4ib ti S"�►"i i ►Y4♦x"}11 �+� �r �� +� AMA�j�t4 � ! iii r pit .- zR "',k\} �tS��"w{4►1rn . at1 4,� �',� ,ryy",t1�yq�,�''gi,A ` �i 'F i�* �''� i♦d�♦ l " T ,,�` A�•�Aii�4"��,�''� �" 1 � � i.. � � �` '� Y �1 P�+1f�ttt��y".1' ��� 9 � M►'M�, Y� i ��A�.4F'� A ������♦4� �� T ♦ 7 ��y �� � �� �. 4 �, N '� • ^ ea 4lq , , i� d+=t 't'4• y's R',�9 . ,ay ► ti +�` ♦ T♦ �' 777 d� � � '¢�i r f7 t yaii u31 fi a+ e aA i yi NON�-N 1i * ��4 * ! 4 i <:iks� t , ",, iiitla it 9 e,tw vet;Ad""�bt{,R'►�i{.1 �l ��♦� ,�♦�'�'' + s��`� 'i`�1►"�'�'"�`i'��'���'� �',t�.�1�1�,!i+���r ,.t ..w .,z.,.:.�.l ::M sa�.4v_t •#,i _.. .'.i' ML4 .$a ♦.4.a i,♦.$. i; i♦r �i'�►.a1'�r�.i�►r.. l'�1.r►.� ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR, OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: April 28, 1999 RE: Zoning Appeal No. 4701 - Liberty Self Stor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-6145 Telephone (516) 765-1800 Transmitted herewith is Zoning Board Of Appeals Application For Special Exception . Also included are Z.B.A. Questionnaire, Applicant Transactional Disclosure Form, copy of Survey and photographs. r April 12, 1999 Town of Southold Southold Zoning Board -o Appeals P.O. Box 1179 Southold, New York 11971 Re: 1000-63-1-10 Dear Board, L'Y S Ez SZ%O F2 "PEOPLE GOTTA STOR" 8500 STATION STREET MENTOR, OH 44060 PH 216-974-3770 FAX 216-974-0844 I am asking you at this time to please review the enclosed site plans showing the proposed new buildings to confirm whether or not a full separate special exception is required. Thank you in advance for your cooperation in the matter. Sincerely, Tom Miller Construction Supervisor TM/caw iIPR 26 199 15:51 SOUTHOLD TO14N ACCOUNTING P. 4,,7 ' A1'1'1.Lr:AFNi° "rRr1J;;n�:'1°.l,l)N111, 1r,lear,r.ar:turlaat I�ulte� The wrr vi' So,Ltj�q;d 1 o l'ndP. 6V eLlilcu pkuLj UL Ls cvnf 3.. AC,h,9 Of nCersbt ual 4}re wast of ._bob i, nffn:ra an employees. sl'lte - - Rrp.Rg2 of thiL t Poen is„L_••gtr,ovide it uLiun w9heli,.r.nn �ksltt Llrra 1pwar p[?_.•)ttinralbLas Co11PlTets or llttereet Pnred —all—OW IL Lu lakewlerh .ev_e•r. aCtlDn O ln?augr�1Ndry- LO ..avvold same'. 'Ycftlfa Nla►aR: ���/ s,L.��^�. �7U�6-,ti i•�-�„��_.,,,.�._.__. (Lrl lti 11 all% , 1: rr la t. 11,l al(?, IIIirleiI inil;lit l„ uII i, I+>iy YOU arra elaplylrtq in 1.1te panto or FOmgk,,,r claw or oLh=r. raivhIhy, !lural rum a c:crIll parny. If Mo, Ill 01,4ttI.e ►:he otlter i)greon's ut et>u,i,Aa,y°* name.) NATIJI1S OF •A['F' MATXnur (Checlt ctil 4'haL aw)ly. ) 'Pay. ter, i,wvanne VraXlnnre�a/����`.L` 1:11ange oc earse_ Approval of v.laL J 4r7temptivu Ciow pl.nh fir ot:[.1CL.n.l. clap ✓ „_ ot-hel: (•rf I,uLlie r,” nnnla uhaa,-LLvILy.} -- _ llu yaau laatz'rauatai.l.,y (c,r h1hrutrigh your uompalry, aaI,taIDO.-, nib.L.11111. prnrenf , nr chi id) have ah rela4 tutiuStip w i Lla any of t'. icer or employee of the Tuwra a,f Eloul-,holA7 ollalaUlallphip^ lnvlrtrin-R by b1vvI1, m:.ra:laciat, nr kPiAM1.110US .IMUCIrerrh. ^nuaalPke"w 1nLevent" mrenrin a W11911ME11t, lutij,redinai zi� pnrl:aarrrrhip, Irl xhlr,.lh bhe Cnirr, offluer or empl.uycau 1{ ,a evpu n parLlal o+rnocaltip all (OIC oanp.loyment by) :a corpornt:ion In whiulr tPaa i -own officer or employuo vwus atoro f.ltan r.14 of. the elrarErE1. • YES 7JU It YOU auswere•d "Y7?.•.;, ^. enmlt.iate L11c lra.tauuw or this fnrm alld duL+a and sign yha+ree indir_ahea. Name of paroor pmpluyed by Like Torn (.IF .lnuL•hOld ' ttla or poo,il ion hal LhaL per,ann _...._.. LCOCrll;e Ulu rd.latLionship holtWRen youraolC (4he apl,licanl,) and Che Lawn t,f f 1Qer or emir l nyAe . L* i tllor chsok Llry appropriat;v 1Jaiw A) l.hv'W1glt D) aril/or deoeribe lir Lhe spmr-..R Prov irlwcl . The Lown ra.fFioer or einployco or ilia vi; Iter spoti.in, ai.b11119, parent, pr, ,:ti- Id to {Check all Lhal. apply) t A) the otlricir of grentuc 0r;an 5% of hhe share -0 of Lhe corpo .,at:e stuck uC I.ltp r+ppi I cairn (witen Llhu .al.�i1 Lnnnt: ie a :u9pvzal-ion); u) hire 1,ruak or I:tettollfInial. oNnor oC 'any 1nCerea+l: in a nUnuv:Norat-P Mill—Ary (W11011 Che appiLr:ant im r,oL a nil) I '_ C) raa rtf ricer, ditoctur, 1a..x'1_Iter, nr e.mpLoyCO or aL-,pl i _aitLr or 11} tlto a:tu,I.l 1411Nltc111ftt 1113SCREPTION 0? Itlii,A9.`Ta1PJ:;111P ry/i ut�ml Lt.ar.1 L.hJ.� �O`�t3ay oC L!3���, APR 26 '99 15:51 SOUTHOLD TOWN ACCOUNTING P.5/7 IRS FOR a I:LING W1 YOiIR . Z . B . A. p ppLICAT'ION ;A, please di.solos,;, the names of the owner (B) and any other :individuals (and as zd a description oflnaUCial their interests: terest � the :Subject premises (separate sheet mwr be attached.) M2 L y• B. Is the bject presL%�e l .an the real estate market or su = sal or being shm a, to prospective deaf? �` ccandi) Yes . at sale . ) ( ) No. (If yes, please attach espy C. Are there ,any prapasals to change or alter Land cent=s? ( ) yes { \4 Ido D. �.. Are there any areas which c�natainewetland tteds7 Al2 with 2. Are the wetland axe shy on th this appy cation? 3. Is the property bulkheadad between the wetlands area and the uplanc. buai.lding area?. IU -,. 4. It your px:vperty contai= wetlands or pend areas, have you contacted the Of -'ice of the Town Trustees for its determi at;iaa of juzisda ctien? F,. is there a deVressiou or slapiag elevation near the area of proposed wnst=ctiou at or below five feet abovemeansea level? (Yf not applicable, state X.A. ) F. Are there any patios, concrete barriers, bulkheads or fenced which exist and XM not Shawn an the survey map that Y,0u are mitt; rtg? C� If nage exist, please state "none.,' G. Do you have:al:ty construe*' an taking place at this time concerning your p:wemises If YeS� Please submit a copy of your btLUdiaq:3ermit and tarp as approved by the Building nepartmeat. Yf none, please state. r land H. You or any I fco-owner please eplainel where orsubMi.t copies. parcel.e to this ,,, Ye of deeds. x . at Please list present use or' aper ti. s and th 15 parcel proposed use Wuthorized S19nat,ure and fat i f%rr i n /anl� _ FOR BOARD AND STAFF USE Updated New Information 0 IF 7 �- '� ov twi Girt?��iny�r� P� t 4Y, zcY 6 , 1 WWI L n Lt 111 Fp 5' tn14" \Ns vv KI i \ ITKO l0'F CURB DRAIN \ 1 3g% �, \ DRAIN � / T 0'0' N 11 QBE as 3A \ \ 11 1 0 / ° O9 aq / ° 1� QY `� b /DLC} ' DRAIN "� `/ T� r \ el DRAIN �y9 \W �NER F�A W E 3 ,�!: = of AIN o o1F F�NKB IoQ3 fn��d P )gS"' ISN 'tl��/ 1 .5 pR � A �iF 11 r (J/ Nt 3ga I s Cm pR�t PP es flq �` m Z R��--- propc ' i !� � 1� 1 QQ •f/4r• DRAIN , O t2 cbg \ -n e _ q a P P 70.0 yv �or�F �.0. 6 ,� '_ pRAI ®rp. e7' y y j l,c •, r 1 BRAIN ef pO o � . '7n.o ` a',� •_- � O 3 ,.43 b . o Z - bwell . ASPHALT -/1A C 7( t 37,0 PAVING DRHI°" wC. Z Q) n DRAIN' RAIN' j C ,` Y' ��.b•. e _ �. P� a flgr35b J P eA -o t` CHAIN ®DR 6!019 tLINKFENCEsofa` DRAIN �.?,c'• qn : .. 1 , DRAIN RAIN DRAIN D 61acg H A L T DRAIN � , sePyrm O ' � AS J p.r'� � Z a Q 1� CAVING m • '- Grp - m (!1 AREA AROUND PROPOSED BUILDING L OCA TIONS TO BE REGRADED PROPOSED CATCH. BASINS TO BE PIPED INTO EXISTING L.P.s Z ( 8" C.P.P. ) m z oma a DRAIN U ®DRAIN CuRe-��'�-e DRAIN AREA= 6.944 ACRES 82,075/30?1481 == 27% LOT COVERAGE ZONING DIS TRIC T- L.I. 4 C AIN_: .w 50 ,N 148 64 W. S` 78° 12 2 \ DRQ rn Z T QDRPIN PAVING A•9 8 ' 1'\ N.p ASPHAL �d;n -q �t1 ©DRAIN bol ,; �,• m �pRAIN s�o DRAIN = n• O m e \ CDRAIN GRAS�4 0 6 6 Z ,DRAIN PAv1Nr T ' DRAB ASPNp,I, CR v Q O PQ ®DRAIN CREtE B CDN 1 - \ �oN o • Q � I 1 CERTIFIED TO: N \`' `N "p SUR VEY FOR \ APPLE BANK - GRAr PN'a PUDGE CORP. AMERICAN TITLE INSURANCE' COMP CORP.' / 0 30 �S� A T SOUTHOLD m° ?Q° 3 TOWN OF SOUTHOLD COUNTY, N. Y � OF NFA, NY AL rERATI °� L =� 1000 - 63 - 01 - 10 S ,o N T. MFT yp. ANY ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION l�,' Scale 1" = 50' N.Y. S. LIC. N0. 49618 OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. EXCEPT AS PER SECTION 7209 - SUBDIVISION 2. ALL CERTIFICATIONS i; .! '�°'� j' .tan. 25= 1988 HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONL Y /F PEC�,'9N. V 7d(' RS, P.C. SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR I' -----"` (511'`;` � 5 O WHOSE SIGNATURE APPEARS HEREON. ��----- ^"""'"" J IA Sept. 6, 1990(revise) �O 49 R STREET ADDITIONALLY TO COMPLY WITH SAID LAW THE TERM ALTERED BY" V 11971 MUST BE USED BY ANY AND ALL SURVEYORS UTILIZING A COPY Feb. 9,1 9,99 (PROPOSED BLDGS;) OF ANOTHER SURVEYOR'S MAP. TERMS SUCH AS INSPECTED' AND 'BROUGHT -TO -DATE" ARE NOT IN COMPLIANCE WITH THE LAW. 2-4-88 87-375 I 7111 HIM 30NVlIc#V03 NI , .7, / 3'_IV (jNV .U.. ! _:7aSP11. SV HOnS 9W113 L 2I3H.10! `V 30 )a78 a3SOd0ji /;061`6 9ajAdo:)V 9NIZi71ln SYOA3AYnS 771 UNd AAV Ag 035n 39 lsnn .AB 03Y31 -7V. PW31 3141 MV -1 OIVS HIM A7dW03 Ol A77VN014100V %J03id3N SYV3ddV 31:1nl VN91S 360FIM (OSIAeJ)0661 '9 ';deS Y0A3AYnS 3141 .SIO 7V3S 03SS3HdWl 3H1 YV39 S31d0D !IO clM OIVS .11 A INO .1032/3141 S31d07 UNV d rW S/Hl NO -4 (717VA 3YP' NO3Y3H 8861 �� � V �� SN011 VDI -41J -7 7W r-7 NO11 VOnd3 31 V 11 d L 1 NJOA M3N3HD30 6002 N011033.10 14011 ,1I01A V S/ A3AYnS S/Hl Ol NOI.110UV NO Noll VY317V .INV �� _ �r1 a�e�s 3 � � O r G 9 0001 1401 Il V21317V AN �� N '.(1 Nn o 0 )1 70.4-4n s 7o"inos .qo NM of s L n SI 0� 0� ��drl0� qvanci MWOO G70H^ino i v �d� M � 30,Nb2/l?SNI 37111 Nd01H3Wd 0180✓ 30(7nd a °;a�� HNdB 37c/JV //�/ � � N :01 031112130 800 A3Aty is N� _ . 313140140" Ntdda� � `\ & �NI� Nt O 9 g 0/ssYbe 1 a p 3 £.0 1 S Ntd�� i 3 ' 19 6-0 Ica nq- \ \ o Z 9N1NOZ ,L O `Z8 id !1611 *AN 0-10H1nos 133141 S 8373A VY -1 OCE/ a •d FlISI 81966 'ON '0l7 aA �� 110 N ,-06 J �`OS ' tjg S c'i��/ NIS fvaW HNI �` IyaQGtL`'' � // �p/Ql s ter• 'J O r� to rd'd'j .8 1 O1 N1 a3dld a3SOd0!!d SN011 4007 no21d d321d Ni NO LkLO ,Cl/ �r�N X03/ S . v .,,ow 1 - o•oG — eta s D f� , OO y•�'t1 � a1��W Y���1 143 j 'x , . �•.o fcf 5 �\'� 1 �, 30 NNt'1 � - �° Ntdlj° 1 \ U 1 � ly 91 q, -Wb# a 641 as .....��,� � •.�' � � ,, � 1 - �"_=�""� � / U R pa pts 1�dNdsd IIaM4 �' �. Z _b QLSM ' I 0 O �9 �. 00 idaa Niyd � cid Ng Z 7£ ,7•Jd do o )q �\ ad,d ,1,.. a _ `t %' o/ate a a� 0, l /9 s dd�ga(o)y18 N f UO ir M N �,4 ° 00, t 60 \ 319 0-0 / N IdgO 01,410 * ,k MO�JQM E � . LOT CO! BUILDING BUILDING PA VED A LANDSCA STORAG DRAINA G1 BUILDING PA VING L ANDSCI 69,824 140,764 17,320 36301 / i EXISTING PARKING STORAGE BUILDING OFFICE PRO VIDEI .. „riln WSKI ANY ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. EXCEPT AS PER SECTION 7209 - SUBDIVISION 2. ALL CERTIFICATIONS HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR WHOSE SIGNATURE APPEARS HEREON. ADDITIONALLY TO COMPLY WITH SAID LAW THE TERM ALTEREID BY' MUST BE USED BY ANY AND ALL SURVEYORS UTILIZING A COPY OF ANOTHER SURVEYORS MAP. TERMS SUCH AS 'INSPECTED' AND BROUGHT -TO -DATE' ARE NOT IN COMPLIANCE WITH THE LAW. PLAN OF PROPRT Y FOR LIBERTY SELF -STOR AT SOUTHOLD TOWN OF SOUTHOLD SUFFOLK COUNTY, N. Y. 1000 — 63 — 01 — 10 SCALE 1" - 20' APRIL 26, 1999 OCT. 6, 1999 (PROP. STORAGE Bus.) OCT. 13, 1999 NOV. 15, 1999 ( trees ) ,0, 'Ut�N T. A1FTZ� b J�. .S. 1C. NO. 49618 CO', f 161 4 P. O. BO �'� n 1230 TRA VEL M"STREET SOUTHOLD, N.Y. 11971 87-375 a