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HomeMy WebLinkAbout4582 . NOTICE OF PUBLIC HEARING ' - ' • - ' - • - SOUTHOLD TOWN BOARD OF APPEALS ' .- • -- " • - ; '' . ., _ THURSDAY, FEBRUARY 3, 2000 -.I- `.' `. ; , - ' ' :NOTICE 1S HEREBY GIVEN, -pursuant to' Section' 267 of'the Town Law and=•,;':,:- , 'At • :Chapter 100 (Zoning), Code of the Town of Southold, the following application will be held ,:, ' for public-hearing by the SOUTHOLD TOWN BOARD OF APPEALS at tr- own Hall,,,t,,, • ,. , 53095 Main Road, Southold, New York ,11971, on THURSDAY - :RUA':Y 3 2000 'at''', , ` , the time noted be low (or as soon thereafter is possible): .-- 7:-00 p.m. - Appl. No., 4582 - ALI YUZBASIOGLU, Contract Vendee, and ROBERT "and, : --. ETHEL SCHROEDER, Owners'. Location of Property: 4380 Route 25, Greenport, near East - Marion; County Tax Map Parcel No.' 1000-35-5-4 Applicants are,requesting an Interpretation •to'Reverse Building Inspector's April 1,, 1998 Notice of,Disapproval regarding the proposed,use ' ' 'of premises as an automobile ,service station with 'gas pumps.,• ,The Building Inspector' . '_ f -disapproved applicants' request` under-"Article• XXIV, Section 100-241-G for the following , - reason: _ : - _ • ; - ; ':..The proposed nonconforming use as an automobile service`station being located in an' - ' R-40 zone'has'been discontinued for.a period of more,-than;two`(2) years and therefor is no longer permitted unless a variance is granted by the'Zoning,Board of Appeals • 'y' `< M1 4•,. r,; mit, . r • •`- 'w. ` :'4r`,.,a, . ' • ,--The Board4of Appeals will"al the-above time and-place hear all parsonslor their representative,,, '_ . -,,; ' desiringtojbe heard Cr to'submit written statements (before the hearing is concluded): Th_e;;~, - , - `• .hearing',will not start earlier than designated. Files are available for review during regular T•ow_ n' • `Hail business (hours ,. ' (8-4p.m:). -�If you haveAquestions, please�,do�riot��hesitate to call (631)765-' ,1-809: ._. •- -, ;,,,-:-,:%.2:. _ . , - `.Ut ", , - ,4F, Dated: January24, 2000: =;% ,.,: ,,r", ; '' • ;a- _ - - , ,° , , : GERARD P. GOEHRINGER, CHAIRMAN : �--,,,, ,..--':.s!,„-;'-:',;..',-.• = r,' ` `;-:'= -- : SOUTHOLD. TOWN BOARD OF APPEALS ,.--", ',„•', .,. - ..'`;:;,3•L''',:7 -. 4.: ;, Town Hall --- 4 - 53095 Main Road = l ,,,., r , . , , ,`,', Southold,"NY 119.71 - _- w; _,, , • i41)) /0061A1' p FORM NO. 3 bp°. lbA :11)5fi2u,/v,":' Or° d TORN OF SOUTHOLD I/J .#" -.6; 1111 BUILDING DEPARTMENT APR d O I99 . H SOUTHOLD, N.Y. '' ��� 10,1Pedj/P --)-P NOTICE OF DISAPPROVAL DATE: 4/1/98 To Cruser,, $ill,g, A .Aznaft :A01 P 0 Box 329 Riverhead, NY 11901 PLEASE TAKE NOTICE that your application dated . . . . LWZY ath.,- - - - 1991/. . . for permit to operate an automobile service station with gas pumps at Location of Property 4380 Cty. Rd. 48 Greenport House No. Street Hamlet County Tax Map No. 1000 - Section 35 BLOCK 5 LOT 4 Subdivision Filed Map No. Lot No. is returned herewith and disapproved on the following grounds . P.PP. PTPPPPPO.PPIX-PPaPTMing. use as an automobile service station being located in an R40 zone has been discontinued for_ a. period_ of_ more than two (2)_ years- and therefor is. no_ longgr. pPIlli}XXpsl.11p1cSS. a - variance. is- granted- Y. the. Board of_ Appeals_,, puisuppl-. jo. Article.XXIY. .100724.1G... .Action required by the Zoning Board of Appeals. 444 BUI D G I SPECTOR - 00-0-19 RV 1/80 payrJ • . . • • .71•.•;11;.'=!;•. • ;.. ,• ..� . •"• . . BOARD"OF'DEALT!! . t .,•_.m•. FORM NO. I 3, S Of';PLANS. . ,,N nLr a " TOWN OF SOUTHOLD SU Y,•; :'i }, • BUILDING DEPARTMENT CiIECK ''.. .1 I ^act • • TOWN IIAi,L SEPTIC PORN • \tr!I JAN 1 �` souTuol,n, N.x. 11971 . :' .•,t.: TEL.: 7G5-I g02 NOTII~Y i BLDG. tI HO1D TOWN OF SO ..:,.. "‘P',,: ' Ci1LI;i z Exanined , 19.... . • MAIL. TO• ' Approved , I9.:.. Permit No. ... ' n 't• s.t•. I Disapproved a/c... ..l? lt 4/ / - . ' . • . . (Building Inspector) ' • APPLICATION FOR BUILDING PERMIT • • Date , 19. . . . INSTRUCTIONS • a. 'lois application must be'conpletely filled in by typewriter or in ink and submitted to the Building innpect.or tai seta of plans, accurate plot plan to scale. Fee according to schedule. . b. Plot plan ebowing location of lot end of buildings on premises, relationship to bdjoininl; premises or public treeta or arena, and giving a detailed description of inyout of property aunt be clrtru i on the'dingran which• in part of his application. . •' c. hue work covered by this application airy not be camenced before insurance of building Permit. d. Upon approval of thin application, the Building Inspector will issue a Building Permit to the applicant. Such emit shall be,kept on the premises available for inspection throughout the work. .. •• • e. No building shall be occupied or tined in whole or in part for airy purpose whatever until a Certificate of catpancy shall have been granted by the Building Inspector. ' APPi.ICAfi(f IS DEREBY M&E to the Building Department for the issuance of a BuildingPermit pursuant to the • tingling Zone Ordinance of Lire Town of Soutlxtld, Suffolk County, New York, and other• app.' licable laws, Ordinances'or egulationa, for the construction of buildings, acklitiona or alterations, orifor'removal'tbr demolition, as herein lescribed. the applicant agrees to comply with nil applicable laws, orcins ii•a, litdldhig code, boys lag code, and eguiations, and to admit authorized iruhpectora on preninea and in building , r.necennnty inspections. a .. ' ' 11 `J • 4. (Signatur: of applicant, or naMe, if a corporation) ' SOON.K KIM?,:.1•+i"'1,, • - .....2J 4?..Glirltgp:J.:k-e..Str .et (Killing address of applicant) contract vendee Whites tone,.'Wew••York ' ;tale whether applicant ir✓ow+ner, leasee, agent, architect, engineer,`general contra•ctor, electrician, plumber or Wilde! SOONOK KIM _ . lane of goner of premises ROBERT SCHROEDER & ETHEL SCHROEDER ,', £,1:. j • • (an on the tax roll or intent deed) LE applicant is a corporation, nigrrattrre of duly autircrriml officer. • N/A �' - i. . (Name and title of corporate officer) • . ,, , ' :: Builders License,No. . Piurbera License No. •`' I. Electricians License No. . s i1.- , Other Trade's License No. - ; 1. l ,cntiore of land on which proposed work will be ckice.........4380.nain Rdad�'••Ro3]te_25, _.......,.„_„_ • East Marion, Newc Ydpw,,i' ' A9. . .- . - louse Norther Street • % ,-V ILiil.et • Camly Tau Mop No. 1000 . Section 035.00 Block 05.00 1pt:. .. :I;®.1' . • Subdivision Filed Map No. • iot,• . (Name) : Yr,. r .. • r7 2. State existing use and occupancy of, ernises nod intended use rind occupancyof„proposed construction: • A public garage non-conforming in the' A'.. e•sidential- a. Existing use and occupancy .Agrieult:ural•4istriot i '• a:.•. • r.. A public garage hon-conforming in• th'e ."A",4esidential Agricultural b. Intended use and occupancy .DSrstraot ' '..' 11:1-;t,.:1• ' - :i''}•I. i , •. N S \olf cork (deck wiiidr applicable): 'New Building & it ion Al / IX g lerstion ,'•.,'lRemoval...* '' ',3 . De+nol it ion Other Work Zns .al]-.. 171:i'A,IX,. n udou ergrnd 1 1 •1 L • • 8000 ga ;.••,,•tarik•s for three gas pumps. • (Description) Estimated Coat unkriotsri: • fee n;-n �t • ;, ,��• (Lo be paid on filing this application) '1.' N /A f rkxel l ing, cumber of'dwelling units N/A Weber mber of dwelling units on each floor �A if garage, mxiber of.cdrs':,'.,'.,., If business, cau:ercial orf mixed occupancy, specify nature and extent of each type of use Commercial Garage Dimensions of existing structures, if any: Front 50 ft. 1 hear 50 ft Depth 35 ft. Might - One ,..,. l�Ariber of Stories Dimensions of same structure with alterations or scklitions: Front .SQ.ft Rear ...fQ.£t.. Depth approx 35, .ft. •,'. ileig;J:t ' la::ber of Stories one • NWGROUND Dimensions of entire new construction: Front Rear Depth GAS TANKS Height: ' . ,,,1 timber of Stories • Size of lot; Front ..1.1 1, 15 • Rear 109.33 Depth 150 • ' Date of Purchase Under contract Nate of Former O jner Zone or use district in wl:ld: prenlsea are situated "A' .Residential. , Does proposed construction vlol'ale any zoning law, ordinance or regulaLlon: No Will lot be regraded .... 'PrP , . Will excess fill be rearmed from premises: YES NO Woos of Owner of premises ':Robert Schroeder & Eth tress 2190 Stars Road, NaIlion: No. E. Marion, NY Nano of Architect ,. , Address Plhone No. Nano of Contractor 1. Address Phone No• . Is Ibis property within 300 feet of a tidal wetland? * YES Ip .....D.... . *l[T YES, 60011101D111,11 9RUSIlTS PERMIT MAY BF. RFl)l1IRED. • ' PIAT' DIAGRAM • locate clearly and distinctly all buildings, whether existing or proposed, and Indicate all set-back dimensions rn property lines. Give street 1end block ramher or description according to deed, and show street carnes and Indicate :tier interior or corner lot. ' : . • see survey annexed hereto ,.t • • IE (X NM YORK, ill( OF )4A,M11) SS • • SOONOK KIM being duly sworn, deposes and nays that be in the applicant ne of 1hxlivirkal signing contract) re huiied, • • iH the contract vendee (Contractor, agent, corporate officer, etc.) acid owner or owners, and Is duly authorized to pet-foam or have pxe' lot ed the mild work atxl to note aixl file this I icatlon; that all statements contained in this application are true to (lie bent of his knowledge awl belief; and the work will be performed in the manner set fort h'in the application filed therewith. :I t. rut to befurm me this r ceriibe.r 97 Dlury Public .. / Gf!.r;' .��T . /,,�/ 4IIP • ! •' • , THOMAS IV o , k y► �i �C'`z • .U YiotatY pubipc,$ ••?:-' .,,, . (Sign tore of Applicant) , • N .in Qa i IP� y:.4.. Qualified in� ,:. SOONOK KIM Commission 6xptr�'J?tgs slerlf (� ,WN OF SOUTHOLD, NEW'YORK • ACTION OF THE ZONING BOARD OF APPEALS' DATE itlit"!! l9 8 /of' • • Appeal No. 63 I Dated y 14, 1958 • ACTION OF THE ZONING BOARD OF APPEALS OF TOWN OF SOUTHOLD To Charles V. Xing Appellant _ i t Thor es la t.ikrioa._flew._York At a meeting of the Zoning Board of Appeals on gay 29. 1958 the appeal was considered and the action indicated below was taken on your ( ) Request for variance due to lock of access to property ( ) Request for a special permit under the Zoning Ordinance ( ) Request for a variance to the Zoning Ordinance (_ ) Request for a spacial exception under the Zoning Ordinance L SPECIAL PERMIT. By resolution of the Board it was determined that a special permit ( ) be granted ( ) be denied pursuant to Article Section Subsection paragraph of the Zoning Ordinance, and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 2. VARIANCE. By resolution of the Board 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 previous decisions of the ,Building Inspector ( ) be confirmed ( ) be'reversed 3. SPECIAL EXCEPTIO3f/ Dy revolution of the board it was determined that the spacial exception to 'demolish preaent gasoline filling station and eroot a . new station, as per plans eubaitted, smaller in total area than prceent station be granted, subject to the following stipulations' nee Over . , • ZONING BOARD OF APPEALS Grace B. Meyer Secretary • Form 2134 a 4 a `-mss--s= y I v S U1-1UL 1 P OP RTY RECORD CARD 71 -- OWNER_ . STREET • VILLAGE DISTRICT SUB. LOT , "Ro%SiZT aae:oFDEP._ G-uitz:-- 'h&L-4-7,-:4 AP--S' nczR L% 1l f�ALTV N _),,,,,5„4.7.._ ;,:- - , R( ` , E „ ` ACREAGE _.6, /fin VJ. t a.r_144.a.IL.C, S _. • w ._ TYPE OF BUJLDING D. L, k 7-/i/r- , rzo 0,0,':;_,- it,/o. l., 14Pot r os :, . - ,._ 1 RES. SEAS. VL. FARM COMM. i/3 2 IND. CB. M1SC, ,, _ i____________ _,4,j LAND IMP.---- - --TOTAL----- -------DATE REMARKS f — . .' -- , , cr,v/ G, - ,3 / a 0 O 7 a r / a l , / / d 1. r fv "(f-i : �� - J� '1I1Pi'' Y 4"4 L 3 O / 6.7 0 0 2 `-/ D c) .S-- o o iz,/69 _.....#_t_if , , J..1)., , ; i .failliall.::„?. ,,.. 7 L....i'' '-':. '-jr-.'-1: 2::c :: '. -L '----if:- U-- _ -- 3 ,ci a At• ..---- et.,,,t,,c,_77—. te_...,p, , ,.,.. I , ,i. 4 --c",:L:_t„., ---.--'-------:7- (L77:( 1 ,z-"7/ cc" , AGE -. . - -BUILDING CONDITION . / U (/ NEW NORMAL - BELOW - ' ABOVEI- �e 90 /7 7 1 S 4 L �a. I �4 a,G1 Co - K � c.ri =d-�c c,-- Farm Acre Value Per Acre Value I ?S‘///o/7q SoLA /2,0eo # 1/2, 9ao, 197F, b:Erijiii /o W.1 W uKILL r 37i Tillable 1 8ss 2�G/7� ( •1/209® f 45600, M i 'p p� / sc[ 9. rPl /IuKsL! /o LrQ'u� .�1E1�.7Y IN�.P3' Tillable 2d ® � IJr 1 3111i�c�D b`t;Z3 I �Y�Cd ((X�� �„I�tle� tCl�UI.LgP� L a�- P� Ti e, 3 zl p 5T* �7l 1e5 � � ICLD IS®C, IG .o. enTCalpcil.604-Z wi7G, I1}-5'33,32— Woodland FA.5-r > �l o to t-1,�, 1t93 ? B AU AvJ-ro • Sc 4a.°E:CG_Q�w(- 1 L-9 oi4-8 P_38 Swampland Brushland House Plot �� f . ` - , 1 Total rc*a:stkarP.A.... Y•-At i.:ook„"` "x,9,---tvor:w.,,iw#x 3 .„-,0,-,= mow T.mr-fie^ • • ; ="fit lt- 4147 ^666111 { , i q4I !_ • 1 ‘fejlt/K.". in ----- § • , /r,,..iiii � 4 U :`�' 3 3w 1 77.--.. .--..'2.:,:.' '::::,,,t.'7,..,:',;',"T.:: ';'' ''`''="'', 9 _ x -`4 3.T ` ll h,.:::,,t,-1-:-.-- - 3() L . . . . _-_--: ',.i-— --'-'. --::,-,-,-- ,,..„ i 2' Y ^y °tel r'P i'Y ":::-.5"`'-e. x 't."''''''''''' ` F Y.r i (..------. .,- w F7. " t `1 3 _ M. Bldg. yox ��� 13 �1 , Foundation 17/9/x4, Bath -• 2.-- 2� 1 Extension Basement /✓ v Floors!fGy;� Ext. Walls ��j�.�,' Interior Finish �,e.,„,.. - :nsion ,�. / I Extension • Fire Place (� Heat % * 4 • Porch Attic Rooms 1st Floor �� Porch Patio Breezeway Rooms 2nd Floor Garage Driveway O. B. :I v y -- . _ ,'- — -.. ..p.. _ _ _�z _.m _1_.. 1 ----.— - • 0.V.-' •�1:� SUOVEYED FOC !vP— -OP2O8? Y •u • - J. '' li 7......:.1 _,�CryO�[ AT * o A` __ : (+•_ N.G.6'OI'20"E. N.66•�9'SO•E. ' OWN OF OLITNOLD, !`4'.�': tN.1` • -•_. - _.....- . . : "x.90 •!v 66.95 ' - • S.0.0, 1R f f tit.'',...t•. ,/// x : 1 Ti S: Lane • 0 I A 1 ,a }7 d. ''�,`T•' ((f-s;I'll-1. t 4 { 1 L 1 v r•'• i ..: I. .41'..,tii°4:,,,,:,*:- _ , ,,,, , 4 CT p 8 • • •:4/ 1, ,; t. • f I .p ilk J „,...,-,.• ' • a -ill'•. as 1 1.... ..I ... .. .4 -u (11 / _ "Fd is • • ry lI^ ".�vl) W I'/' sr. • i h ;„a ••P;.,• * :r"( ..• p 7als rif44 otl � ( r:t..�} ` - ,* .•'T } � - scale . 50.-‘2.1.r;,-, (4..44,-.5.,t?- P.--�t $ ; Amaze-14,959 �v • • 0. ° .cy.ye:: / . • - 7 to Q. i,/ .-• - . ;5;' Is-- 59.33 5,7).0ti i'.. ' 1' ''- •▪`- `'{`-;` 1i ) 5.�o'®1'2onw.. S.“.•39'50"w • . �, .., t; 1 • 7 ,'.; _A' }?•S'µ, S:�jN+die ��fy//� • -� '„ ' •'• 4s}-.?;`:.'. ...,�L 'G -•- • I lt�1t,'H10'170'+lltKlL�r1 t�ItlRr) +f- • •,-..--..-- ; ,.r39.'�A 4.• � .•' '! this eurvP y is a viofetion of f • { 0 t 9?wad•:•t, -;g= ..)1',%"4.-,i--I t t+,!,".i,�n 720”of tho tiew York Rtrte 6t4D 1 a� �'O i,k �" -SJ ., +*•v.:• ,1 �F[hfMtierr 1• j' chi'co o -rifle !nsuPance Co. " ,�_. L.; " ,,2 't N f >:,. , }y, • .. �Conlni of thM surny meg nd baarir i e. OF lVVE{�, :f ,; IL?' ,fs'•r ,. 'r' u irrtd wrveyor'!leaked poi or rjUl'{lieZe�e Nov. 19, 19E30 '� \ ▪ ':'••71+,�r+ �^.j?' ,. : .fi, Cmbrwad MI talc lI not be aonafdarod t y o,NCK •q , 0.p, ` Y+•'* be a valid true G ' - `� :v`••-�' i„• 00Qy' leOt VAN 7&JY1<,P. 41 P. ' ' < 4 • • sr� rte,: Guarantees indicated heroan WWI run ,j�.= r- •;� "•s k .i� s R•- • - .only to the Parson for wham the survey '°.� �, '+'+'r,` o 1,1,-,4,+ '• a ` :', is proctored-end e t his beheb to the _„-,-._'. -._.-- — --• +,rSr` 0 y ® , .;4.,,i..1„,;: • ; �'r" =s' :, • titk�cornett/by.governmental vency and 4 C S 26v 4:.1 • , 4X.:7.`x'• 7» 4t � ik•Coultriy:72 xC Mack Oesicytroti-ions• lending inatt4tltlon recta naroo+l arta Licertf�sed Land Sc1r o�-s ysFp *i "m it to the assignees of the longing it ati- . • Ors+.100s 5ecf: 035 elk. 5 Pt (.4. FANO 5 c .' 1 y ' Institutions Of subsequent �° New YOrf� � lutist,.Guarantees etc not transferable �f�� ;; z :,. to euur:,ionel insel btequent - 4S A APPEALS BOARD MEMBERS o\Os CO - Southold Town Hall Gerard P. Goehringer, Chairman I : " �,.�L 53095 Main Road James Dinizio,Jr. ti .' mss <, - P.O. Box 1179 Lydia A. Tortora v- fr Southold, New York 11971 Lora S. Collins y ZBA Fax(516)765-9064 George Horning = 49d * $�O i'� Telephone(516)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD September 16, 1999 Charles J. Voorhis, CEP, AICP Nelson, Pope and Voorhis, LLC „ 572 Walt Whitman Road Melville, NY 11747-2188 Re: Appl. No. 4582 - Yuzbasioglu (Schroeder Property) at East Marion Dear Mr. Voorhis: Please find enclosed Long Environmental Assessment Form for your review as outlined in your September 7, 1999 SEQRA Cost Proposal, together with copies of the application and documents filed relative thereto. A voucher is enclosed for your signature, after completion, for the services rendered. Please feel free to call our department if you have any question. Thank you. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Enclosures Priority Mail ',/�� APPEALS BOARD MEMBERS iii �VFFO`,t .0,\O C® - Southold Town Hall Gerard P. Goehringer, Chairman it h� G��‘; 53095 Main Road James Dinizio,Jr. % 1 ® 1 1 P.O. Box 1179 093 = ' Lydia A. Tortora �i Southold, New York 11971 Lora S. Collins y ����� ZBA Fax (516)765-9064 George Horning = ®� i►�®�i�� Telephone(516)765-1809 , ,�ii�� BOARD OF APPEALS TOWN OF SOUTHOLD TOWN MEMO TO: e- - . /Zth Com, FROM: Jerry Goehringer, ZBA Chairma DATE: September 21, 1999 SUBJ: Fee Collected for SEQRA Review (Schroeder) Please find attached three checks in payment of the anticipated Town's Environmental Consultant fee of $550, for deposit. A voucher will be forwarded separately after services are rendered from Nelson, Pope & Voorhis. (If the line item for SEQRA fees is different than B8010.4.500.300 (Environmental Consultants), please let us know.) Thank you. ---pL. \ g.2 Enclosures (2) 1 r s � ELIZABETH A. 1 NEVILLE Southold,New outhold WN CLERK Phone:516-765-180:71 16-65-1 1 1 971 RECEIPT ®75 51 RECEIVED i 1800 OF: DATE FOR: �L -- - 19 �9 4 m4' , 0 CASH 9-�� - _ ---- ��C, 1CHECKS 9 9As o. ._/ ' o By: AJC !/LCie A. ,a,Yll'/ TRANSMITTAL MEN_ TO: ZBA Chairman and Members FROM: ZBA Office Staff DATE: �,�'A- /7, ./ 9? SUBJECT: File Update ' With reference to the above application, please find attached the following new information added to the official ZBA office file: • Comments: Number of Pages Attached: TrMemo.doc FORM NO.4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. Certificate Of Occupancy Z10589 No. Date July 17 , 81 , 19 THIS CERTIFIES that the building Location of Property 4380 Main Road , Rt.. 25 Greenport , New York House No. Street Hamlet County Tax Map No. 1000 Section 35 Block 5 Lot 4 Subdivision Filed Map No. Lot No. requirements for a Public Garage built prior to conforms substantially to the-App i•ea-fien-for-Building-Permit--heretofore-filed.-in this-office-dated-- April 23 , 1957. pursuant to whicgf i Fri i�pt-)Q -Qccupancy Z10589 dated July 1 71 19 .81 , was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is A Public Garage None-Conforming in the "A" Residential - Agricultural District. The certificate is issued to (owner,lesseq_or.SepataL_ of the aforesaid building. Suffolk County Department of Health Approval .l/.R UNDERWRITERS CERTIFICATE NO. . . .N.' Building Inspector • Rev 1/81 10* - .S ; 4 -kinutes Board of Appea.�.. '..f ``° May 29, 1958 - A regular meeting of the Southold Town Board of Appeals was held at the Town Clerk's Office, Southold, New York, on Thursday evening, May 29, at 7:30 P.M. There were present: Mr. R.W. Gillispie, Jr. ; Chairman, Mr. Robert Bergen, Mr. Herbert Rosenberg and Mr. Charles Grigonis , Jr. Absent: Mr. Serge Doyen, Jr. Also presnet; Mr. Howard M. Terry, Building Inspector. PUBLIC HEARING: Appeal No. 63 - Application of Charles M. King of Sunset Shores, East Marion, New York, for a special except under the Zoning Ordinance to demolish present gasoline filling station and erect a new gas station on the same location. Application was read by the Chairman as well as the legal-not of public hearing_land affidavit from the Long Island Traveler-Matt ' - w Watchman attesting to the publication of notice, and letter to yap, licant advising date of public hearing. Chairman: Is there anyone present who wishes to speak for nr this application? 0s Mr. King submitted a blueprint of the proposed gas station building for the Board's review. Discussion was held regarding C) distance from easterly line of property to east side of present er buildingbuilding, a distance of approximately 16 feet. A possibility of acquiring fifty feet additional frontage on the East exists. Discussion was also held on the proposed location, setbac} ¢ tank size and location, etc. - (11 Chairman: Is there anyone present who wishes to speak against this application? No one spoke against the appeal. General conditions relative to gasoline stations, stipulated in the Minutes of April 3, 1958, were read and imposed. Discussion was held regarding relocating present sign and it was the decision of the Board that the sign must be moved, if necessary, to conform to five foot sejrback , from all property lines , in accordance with the Zoning Ordinance . The -estimated cost of the new building - 013,500.00. It was noted that a "B" Business district was applied for but that no action has yet been taken by the Town Board on this Matter. It was the Board 's decision that the easterly side of the new building should be located at least 20 feet from present -easterly property line of Charles M. King and that north side of proposed building be located at least 20 feet south of and parallel to location of present structure. Appeal was unanimously granted . 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 me be expected to enchance the character of the neighborhood. ii iG, Possible Resolution for JUNE 8, 2000 Meeting confirming: A) Re: Appl. No 4582 - Filed by contract vendee Yuzba io egarding property owned by R. Schroer. Main Road, East Marion. Please note that applicant-purchaser's contract of sale expired and no longer has a vested interest in the property as filed. 1000-35-4-4. File is noted as abandoned. No refund or credit is recommended due to costs for advertising, extensive transcription of public hearing, and other processing by the staff and board members. (File has been inactive by applicant for more than six months.) B) Re: Appl. No. 4619 -Lettieri and Gazza at Main Road, East Marion; 1000-22-3-19, 20, 21, 22. Please note applicant's file has been inactive. No refund or credit is recommended due to costs for research and processing by the staff and board members. (File has been inactive by applicant for more than a year) C) Re: Appl. No. 4461 - Giannaris, & ors. (formerly Hellenic Cabins). 1000-35-2-14 at Main Road, East Marion. Please note file has been inactive for 1+ year(s). File is confirmed as "abandoned by applicant and inactive for more than a year." Possible partial refund of filing fee or credit towards a reactivated, or new application, if requested within a reasonable time by applicant. D) Re: Appl. No. 4446 (SE & V) Bell-Atlantic (Philips at Orient site). 1000-16-6-5. Please note file has been inactive for 2+ years File has been marked abandoned. No refund or credit is recommended due to costs for research and processing by the staff and board members. (File has been inactive by applicant for more than two years.) ZBA Staff 5/24/00; updated by Chairman 5/30/00 C\WINDOWS\DESKTOP\ZBA FOLDERS\ZBA\ZBA BUDGETS and REPORTS\REFUNDS-ABANDONED FILES doc '• ,, • ' „. "1- ,•'•-"' , ‘C;-' •f'?4,; NOTICE OF PUBLIC HEARING - "- • • , SOUTHOLD TOWN BOARD OF APPEALS • • • THURSDAY, FEBRUARY 3, 2000 -;„„- •L.-•='• • -- , NOTICE 'IS- HEREBY. GIVEN, pursuant to Section 267 of the TownLawand ' , ,• , C., - ."‘Chapter 100 (Zoning), Code of the Town of Southold,'the following applicatio ill be held for public hearing' by the SOUTHOLD TOWN BOARD OF APPEAL at the-Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY,- EBRUARY 3 2000 at •,- = ,i I , _ • • 4 • - —•• the time noted below (or as soon thereafter is possible): ••• '7:00 p.m. Appl:' 'No. 4582 'ALI YUZBASIOGLU, Contract Vendee, and ROBERT'and :ETHEL SCHROEDER, •Owners. Location of Property: 4380 Route Greenport, near East'„ • • Marion - • County Tax Map Parcel No._1000-35-5-4. Applicants are requesting an Interpretation " • to Reverse Building Inspector's April 1, 1998 Notice of Disapproval regarding the proposed use. 'Erstation with gas Inspector disapproved applicants' request •under "Artible.XXIV,--,SectiOn • 100-241-G for the following • reason: . • . '.• "--- . ' - _ _ - - '‘ ' • proposed nonconforming use as an automobile service station being located irj an R-40 zone hs'beeri-disoontindeditr a periodofmore than two (2) years and thereforis.,,-... : , • no longer permittedunlessa variance is granted by the Zoning Board of Appeals. • • f- _ • r- - - The Board of Appeals willatthe above time and place hearall persons'ortheir representative \c„-, • desiring to be heard'or_to'submit written statements (before the hearing is concluded). The•-•„•!-:•;Ts,,r-w:-.,,,,,,..-•,,,.t• • "." , "L',' " " , ' 4"1, : hearing will not start earlier than designated. -Files are available for review during regular Town Hall business hours you have questions, please do not hesitate to pall (631) 765. - • • ••.; • • , ; , _ •-" 515' 5 „ ;' Dated. -January 24 , ' • GERARD‘R•GOEHRINGER.CHAIRMAN I., T. - • SOUTHOLDTOWNBOARDOFAPPEALS •. • 1/4,7; ' - - ' - • Town Hall •- 2:7 757-; 53095 Main Road Southold,•NY ••• - • • ,;::=" ••' -%; t' •- ; " '„ , NOTICE OF PUBLIC HEARING, - • BOARD SOUTHOLD TOWN OF APPEALS "`,_' t;C.:• ": : THURSDAY, FEBRUARY 3, 2000 _ NOTICE IS HEREBY GIVEN, 'pursuant to Section 267= of- the Town Law and Chapter 100 (Zoning), Code of the Town be h of Southold, the following application will held' rfor public Ihearin "b the •. ,• :` i .;', ;. . . .. g y SOUTHOLD TOWN BOARD OF.APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971 on THURSDAY,' FEBRUARY 3. 2000 - the time noted bel w (or as soon thereafter is possible): . o -{ 7:00 p.m. AppI. No. 4582- ALI YUZBASIOGLU, Contract Vendee, and ROBERT and ETHEL-SCHROEDER, Owners. Location of Property: •4380 Route 25,• Greenport, near East+; • -'Marion; County Tax Map Parcel No.,'1000-35-5-4. Applicants'are requesting an Interpretations r to Reverse Building Inspector's April 1, 1998 Notice of Disapproval regarding the proposed%use,; of., premises .as= an automobile,,service"station with "gas.pumps. ';The Building Ins ecto�� z -_ ` , 'disapproved -applicants' request under' Article XXIV, Section 100-241-G for the following gry_•`; ;-f,: • reason: . ' _ ;,: ' t•r:. : ' , _ :The proposed nonconforming use as an automobile service station being'located in an R-40 zone has been discontinued for=a period of more than two(2) years_and therefor-'is= no longer permitted unless a-variance is granted by the Zoning Board of Appeals. • „The'Board-of Appeals will'at the;above time and place hear all persons;or their`representative ;#; desiring,to be heard or to Jsubmit_written statements (before the hearingis=c_oncluded). The hearing will not start earlier than designated. Files are available for review during regular_Town, Hall business hours,(8-4p•.m.) „If you.have,questions, please do not hesitate to call(631) 1809: „ .`1 2000: flit - - - - - e `rf'J.';,i.t•• •F%fi Dated: :'Januar 24 _ wt.; GERARD P.GOEHRINGER CHAIRMAN SOUTHOLD TOWN BOARD OF'APPEALS Town Hall" = 53095 Main Road Southold, NY 11971 = :i,.. Ci 1ti1 HARVEY A. ARNOFF Attorney At Law 206 Roanoke Avenue, P.O.Box 329, Riverhead,NY 11901-2794 Harvey A. Arnoff (631)727-3904 Paul K. Siepmann NY&MIr�`Fax No (631)727-3940 Paralegal December 21, 199 &- Colleen Grattan-Arnoff • DEC 4 �. 1999 �l, ;; Town of Southold Zoning Board of Appeals Town Hall Southold, NY 11971 Attention: Linda RE : Ali Yuzbasioglu (Schroeder Property) #4582 Dear Linda: We are hereby requesting a one-month adjournment of the public hearing scheduled for January 13 , 2000 . Please advise of the new date. Very truly yours, '..•VEY A. -t• OFF HAA:kp i • OFFICE MEMORANDUM TO: ZBA CHAIRMAN AND MEMBERS FROM: ZBA OFFICE DATE: DECEMBER 21, 1999 SUBJ: YUZBAGIOGLU/SCHROEDER HEARING DATE This will confirm that we received a telephone request from Mr. Arnoffs secretary on • Friday, and their office requests a hearing date for the February meeting (instead of January), if possible. A Resolution is proposed for the January agenda to re-schedule the hearing for February 3rd • +F ''/���004,41,............ APPEALS BOARD MEMBERS �o� OfFO(� "- 4 ,0�0 CC - Southold Town Hall Gerard R Goehringer, Chairman ���� G4 53095 Main Road James Dinizio,Jr. y wL ' ; P.O. Box 1179 Lydia A.Tortora 4' '"`""'' $ Southold,New York 11971 Lora S. Collins y ����� ZBA Fax(516) 765-9064 George Horning -.....Z0/ $,,.' Telephone (516)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD December 9, 1999 Harvey A. Arnoff, Esq. 206 Roanoke Avenue Riverhead, NY 11901 Re: Appl. No. 3554 -A. Yuzbasioglu/R. Schroeder Application Dear Mr, Arnoff: , This will confirm that SEQRA declaration has been held in abeyance pending the outcome of the interpretation request regarding whether or not the nonconforming use has been abandoned. If a "Use Variance" application procedure is subsequently filed and followed, the SEQRA procedures for an possible Unlisted Action would also follow. At the Board's December 1, 1999 Meeting, advertisement of this application was authorized and directed for a public hearing to be held on Thursday, January 13, 2000 at the Southold Town Hall. A copy of the Legal Notice to be prepared for publication by our office will be forwarded shortly for your use in the Notice requirements of Chapter 58 of the Town Code. The sign (for posting at the property not later than January 7th) may be picked up about December 27, 1999. (The new signs are large with metal stands and therefore not mailable.) If you have any questions, please feel free to call. . Sincerely yours, I . Gerard P. Goehringer Chairman cc: Anthony Tohill, Esq. - r i)?r ' RESOLUTION: DECEMBER 1st meeting to approve. Thank you. (3�D MINUTES SPECIAL MEETING WEDNESDAY, NOVEMBER 3, 1999 A Special Public Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was held at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on Wednesday, November 3, 1999 commencing at 6:30 p.m. Present were: • Gerard P. Goehringer, Chairman James Dinizio,Jr., Member Lydia A. Tortora, Member Lora Collins, Member Linda Kowalski, Board Secretary Absent was: George Homing, Member (out of state) 6:30 p.m. Chairman Goehringer called the meeting to order. * * * AGENDA ITEM I: The Board proceeded with the first item on the Agenda as follows: I. SEQRA reviews: Possible Unlisted Action: Appl. No. 4582 - A. Yuzbasioglu (Owner R. Schroeder). The Members discussed steps involved for the pending application and confirmed review of consultants response, Parts I and II of LEAF and a possible designation of Unlisted Action status was discussed. The Members agreed that no further SEQRA steps would be taken at this time for the pending request to "Reverse Decision of the Building Inspector." However, it was noted that SEQRA reviews and steps will commence in the event a Use Variance application is submitted. Motion was made by Chairman Goehringer, seconded by Member Tortora, it was RESOLVED • to adopt the following SEQRA determinations: Type II,Actions(setbacks; I;ot-lineyardances,ao©es9 uses)' t}•t• aux°r,. #. -r ��..;:i fi�r`{.'§q�•1�'r_`�.; p:i.;�:` j !Ct `i••`. `. VOTE OF THE BOARD: !AYES: Goehringer, Dini�lo,Torbixa, and Collins. (Member Homing Page 4—July 23, 19So fegular Meeting Southold Town Board of Appeals proposed telecommunications tower being located on a non-conforming lot in an LI District is not permitted according to Section 100-165B; 2) the proposed tower being the principal use on the lot is required to have a rear yard setback of 70 feet pursuant to Art. XIV, 100-142; 3) the proposed tower is required to be located at least one-hundred (100) feet from the nearest dwelling unit pursuant to Article XVI, Section 100-162C.3...." Charles Cuddy, Esq. spoke in behalf of the applicants. Also present were Mr. Martin Rosen and Mr. Oshin. Opposing the application were Andrew Forklaub, Rev. Dosier (Reverend of The Unity Baptist Church) for Mrs. Funn and Simmons, adjacent property owners. After receiving all information and testimony, motion was made by Chairman Goehringer, seconded by Member Collins, and duly carried, to recess the hearing to Thursday, August 13, 1998. This Resolution was duly adopted (5-0). The next two hearings were re-calendared, as requested and noted below: Appl. No. 4582 - ALI YUKBASIOGLU. Contract Vendee: Soonok Kim. Owners: ROBERT and ETHEL SCHROEDER. The applicants' attorney has requested a postponement of the hearing. The Chairman asked if anyone was in the audience who wished to speak, and there wasno response. The following Resolution was adopted: On motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, to RE-CALENDAR AND ADJOURN THIS APPLICATION until the September 10, 1998 Regular Meeting. CANCELLATION OF HEARING (inadequate notice by contractor/applicant) regarding Case 4587 - JOHN DWYER. Variance under Article XXIV, Section 100-244, based upon the Building Inspector's May 5, 1998 Notice of Disapproval which disapproved an application for a permit to construct addition to dwelling for the reason that it encroaches on the combined side yard setbacks. Location of Property: 2625 Bay Shore Road, Greenport; 1000-53-4-21. The Board Secretary noted that Ch. 58 was not followed as requested by the contractor and/or applicant. The following Resolution was adopted canceling tonight's hearing and calendaring a new hearing date for September 10th subject to new Posting, Mailings and other notices per Ch. 58. End of public hearings. The remainder of the public meeting continued as noted below. * * * Agenda Item I. Declarations were noted under N.Y.S. Environmental \s ,, ,DIS( '- ( 70tr UPDATE/MEMO TO: Jerry Goehringer, Chairman FROM: Linda Kowalski, Board Secretary DATE: October 20, 1999 SUBJ: SEQRA Review Steps - Appl. No. 4582 - Schroeder/Yuzbasioglu For your convenience we are attaching copies of Part 616.6, subsection 3 which notes that the information in the LEAF, Parts I and II, may be used to base a determination of significance or non- significance. Part III is also attached for completion, and a Notice of Declaration which would be completed and filed, if the Board does not request other information in this SEQRA review. The environmental consultant's report was distributed to Board Members office mail boxes on Octo- ber 9, 1999. Office staff will await the Board's action regarding the next SEQRA review step. Copy to ZBA File folder No. 4582 (pending application). 14-12-7(2/87)-9c 617.21 SEQR Appendix F State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination of Non-Significance Project Number Date This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law. The , as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: SEQR Status: Type I ❑ Unlisted ❑ • Conditioned Negative Declaration: ❑Yes ❑No Description of Action: - • Location: SEQR Negative Declaration Page 2 Reasons Supporting This Determination: (See 617.6(g)for requirements of this determination; see 617.6(h) for Conditioned Negative Declaration) If Conditioned Negative Declaration, provide on attachment the specific mitigation measures imposed. ( For Further Information: Contact Person: Address: Telephone Number: For Type I Actions and Conditioned Negative Declarations, a Copy of this Notice Sent to: Commissioner, Department of Environmental Conservation, 50 Wolf Road, Albany, New York 12233-0001 Appropriate Regional Office of the Department of Environmental Conservation Office of the Chief Executive Officer of the political subdivision in which the action will be principally located. Applicant (if any) Other involved agencies (if any) PART Il—ENVIRONMENT'AL 'ASSESSMENT (To be completed by Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.0 If yes,coordinate the review process and use the FULL EAF it ❑Yes ❑No, 8. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR,PART 617.6? If No,a negative declaration may be superseded by another involved agency. ❑Yes ❑No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING.(Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion,drainage or flooding problems? Explain briefly: i C2. Aesthetic, agricultural,archaeological,historic,or other natural or cultural resources;or community or neighborhood character?Explain briefly a • C3. Vegetation or fauna, fish,shellfish or wildlife species,significant habitats,or threatened or endangered species?Explain briefly. C4. A community's existing plans or goals as officially adopted,or a change in use or intensity of use of land or other natural resources?Explain brief! C5. Growth,subsequent development,or related activities likely to be induced by the proposed action? Explain briefly. CS. Long term,short term,cumulative,or other effects not identified in C1-05? Explain briefly. C7. Other impacts(Including changes in use of either quantity or type of energy)? Explain briefly. D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS-THAT CAUSED THE ESTABLISHMENT OF A CEA? ❑Yes ❑No E. IS THERE,OR IS THERE LIKELY TO BE,CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS/ ❑Yes ❑No If Yes,explain briefly 11;!.. PART III—DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above,determine whether it is substantial,large,important or otherwise significant -111 Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d; irreversibility;(e)geographic scope;and(f)magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part II was checked yes, the determination and significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. ❑ Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. E Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary, the reasons supporting this determination: AIj Name or Lead Agency Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer II Signature of Responsible Officer in Lead Agency Signature of Preparer(It different from responsible officer) Date 2 617.5 - -r 111, 1+.-617'6 rr. statement; or, in the case of an action where the res responsible agency pproposed •}: . a modification of the action and the modification may result in a significant adverse impact on the environment, an environmental impact statement must • . - • be prepared with respect to such modification; ' (35) actions requiring a certificate of environmental compatibility and public need ' under articles VII, VIII or X of the Public Service Law and the consideration of, r granting or denial of any such certificate; (36) actions subject to the class A or class B regional project jurisdiction of the Adirondack Park Agency or a local government pursuant to section 807, 808 i. and 809 of the-Executive Law, except class B regional projects subject to review by local government pursuant to section 807 of the Executive Law 1 located within the Lake George Park as defined by subdivision one of section -1,: 43-0103 of the Environmental Conservation Law; and (37) actions of the Legislature and the Governor of the State of New York or of any court, but not actions of local legislative bodies except those local legislative decisions such as rezoning where the local legislative body determines the . action will not be entertained. 617.6 INITIAL REVIEW OF ACTIONS AND ESTABLISHING LEAD AGENCY. (a) Initial review of actions. - - (1) As early as possible in an agency's formulation of an action it proposes to undertake, or as soon as an agency receives an application for funding or for ' approval of an action, it must do the following: (i) Determine whether.the action is subject to SEQR. If the action is a { Type II action, the agency has no further responsibilities under this Part. (ii) Determine whether the.action involves a federal agency. If the action involves a federal agency, the provisions of section 617.15 of this Part i apply. (iii) Determine whether the action may involve one or more other agencies. q•I; (iv) Make a preliminary classification of an action as Type I or Unlisted, using the information available and comparing it with the thresholds set . forth in section 617.4 of this Part. Such preliminary classification will ' assist in determining whether a full EAF and coordinated review is ' necessary. i. (2) For Type I actions; a full EAF (see section 617.20, Appendix A, of this Part) must be used to determine the significance of such actions. The project sponsor must complete Part 1 of the full EAF, including a list of all other ' 1 involved agencies that the project sponsor has been able to identify, exercising 1 all due diligence., The lead agency is responsible for preparing Part 2 and, as needed, Part 3. - - � . _(3) - - -For Unlisted`actions; the shot?EAF�'(see section_617.20, ;:? .: � -. - Appendix C, of this `�(�j, ' Part) must be used to determine the significance of such actions.' However, co xb i , OSSy „...______ 1 0, ii SEAR Rev anon. rrj 12 - Seotember 20, 1995 Y i 617.6 CYTz•;� `;,t g 4 an agency may instead use_the full EAF_for Unlisted actions�'if.the short_EAF • ,1% � would not provide the lead agency with sufficient information on which to 1.*; base its determination of significance. The lead agency may-require' other information necessary to determine significance. 4 , (4) An agency may waive the requirement for an EAF if a draft EIS is prepared or submitted. The draft EIS may be treated as an EAF for the purpose of determining significance. (5) For state agencies only, determine whether the action is located in the coastal area. If the action is either Type I or Unlisted and is in the coastal area, the provisions of 19 NYCRR 600 also apply. This provision applies to all state agencies, whether acting as a lead or involved agency. (6) Determine whether the Type I or Unlisted action is located in an agricultural district and comply with the provisions of subdivision (4) of section 305 of article 25-AA of the Agriculture and Markets Law, if applicable. (b) Establishing lead agency. (1) When a single agency is involved, that agency will be the lead agency when it proposes to undertake, fund or approve a Type I or Unlisted action that does not involve another agency. , (i) If the agency is directly undertaking the action, it must determine the significance of the action as early as possible in the design or formulation of the action. (ii) If the agency has received an application for funding or approval of the action, it must determine the significance of the action within 20 calendar days of its receipt of the application, an EAF, or any additional information reasonably necessary to make that determination, whichever is later. (2) When more than one agency is involved: (i) For all Type I actions and for coordinated review of Unlisted actions involving more than one agency, a lead agency must be established prior to a determination of significance. For Unlisted actions where there will be no coordinated review, the procedures in paragraph 617.6(b)(4) of this Part must be followed. (ii) When an agency has been established as the lead agency for an action involving an applicant and has determined that an EIS is required, it, must, in accordance with subdivision 617.12(b) of this Part, promptly notify the applicant and all other involved agencies, in writing, that it is the lead agency, that an EIS is required and whether scoping will be conducted. (iii) The lead agency will continue in that role until it files either a negative declaration or a findings statement or a lead agency is re-established in accordance with paragraph 617.6(b)(6) of this Part. SEAR Regulations 1 3 September 20, 1995 NELSON, POPE & VOORHIS, LLC 572 WALT MELVIL E N.Y.TM747 ROAD ENVIRONMENTAL • PLANNING (516)427-5665 CONSULTING FAX (516) 427-5620 I Southold. Town of I Invoice No : 99220.001 Board of Appeals Customer No: 99220.0 53095 Main Road P.O. Box 1179 Southold, NY 11971 I Gerald P. Goehring I Date: 10/31/99 Re: Schroeder Project Prepare part III Environmental Assesment form per contract. Work performed 09/23/99 thru 10/06/99. 550.00 Total : S550.00 ,' IOL4 ft- w T • TOWN OF SOUTHOLD :,oy ate;, Purchase Order # 0 5904 Tax Exempt # A163554 Date 0../9/ Account # /3"0/0, z4 S 6D,3-06 Deliver and send billing to: 71 Vendor Department �^ 1._ v�^-�� Address � by ,,7L7 I _I L _ VENDOR **Return this copy and Town of Southold voucher itemized and signed for payment** ITEM QUANTITY DESCRIPTION UNIT COST TOTA ;F t, ,.�. - 3--s6 2. THIS PURCHASE ORDER IS NOT VALID WITHOUT THE SIGNATURES OF THE DEPT. HEAD AND THE SUPERVISOR I CERTIFY THAT THERE ARE SUFFICIENT FUNDS AVAILABLE IN THE APPROPRIATION CHARGED -yep- . Dep ead . CERTIFY THIS-TO BE A"JUST' " ' '_- • - • - AND TRUE PURCHASE ORDER - Supervisor VFT\Tr C P (''nDv ''. "4*' `' • „ - : ELS OIl1,- POPE'S. -VOORHIS,- L;LC 'I ., �i ,` _ . ENVIRONMENTAL `P L A N N IN,G CONSULTING , iii. �I CHARLES"J VOORHIS,CEP,AICP ARTHUR.J KOERBER,PE •VINCENT G DONNELLY,PE 4, .;`VICTOR,BERT,,PE •JOSEPH•R EPIFANIA PE•ROBERT G NELSON,JR,PE 'I ' • - •CHRISTOPHER'W ROBINSON,PE ' . - ' ,; '' _ , ,• 'Octob'er-1,'1999 • • .. -, •, • 'Gerard'P. ,Goehringer; • • .,. ji C �'j. ,(7-6-----,--.--i.,.. ., ! �� s ,, ;_ ,,,_ ` " 'Town'of Southold'Board of Appeals' - ,. ' ' , - , i 11.1..,•=•-,,,•___ /f'1 3 ;',��, , '• 1 Z3�` Southold'Town Hall - -• _ . _ 1.11 i O ®• 1• . , , • ' `, - ' 53095 Main Road " • " ' �'� f _ ,o ii 9, J;'s.'y,i. - .., 'P.O. Box 1179 .,, - ' , - • _ - ' .i; 01,77171,3,-----,*---,�'a 1_c&) , • ,,, • Southold,NY '11971, "• • •. -- ,_;_-• -_ , • ' - . • .• ' ; ' 'R'e ' Schroeder Property,EAF•Part I.Review ' ,' ' • •1 : ' . , , , ,SCTM 100`0-35-0504 . ` ,,< . r ' _ NP&V''#99220 i. „ ,'Dear Mr. Goehringer: . As aper'your 'request,,we have`'completed a•-review of the EAF Part I for the above-referenced', - `•`„ fapplication..-The applicant proposes.:the continuation-of a non-conforming',use consisting-,of a , . gasoline station,and-a-garage in an R-40-Residence District.':The site is roughly,0:39:acres.in'size, '- • ' • and contains an -approximately-,1,350, SF one-story,structure. - The, subject property has been . ,, ' ` ' ` , inspected•an'd enviroiunental'.references-concerning'the 'site-and'•area'have been'consulted.''Ther • - ` EAF Part I has been '`reviewed and amernded,as:necessary, and,a-Part-II,EAF'checklist-has been '- • - ' ' ' ,•', prepared by,•_our„office.`'As;'a number',of'.questions in'the EAF',Part''I were; not 'specific with. ' r' • "•regards site coverage•.quaritities,` solid'waste•generation; traffic:gerieration,_etc:, we'have added , - ' ''the missing'information necessary'to, complete the review.,,A'discussion of the`project=and'an• • _ '.'analysis of potential environmental issues•''are'presented,below m the'attached Part -III,;EAF'� • ' -, '` prepared by our office. : •, ' ._ , '' ' - , - . • ,'' ' '_ , ,' ' ` ' ' ' . , ' ' ' Ve r rtrul' yours, , I ry Y• •NELSON, ' pi' O IS ig' ' ^ , .... . „ , . . , . .. _, , ,_ _ t ar y` , ,, . , `,. V • es•-J.- 4'orhis;_CEP, MCP' , '•• - •> ,euc. EAF Parts I,II&III ' , ' , 572 WALT WHITMAN ROAD,'MELVIL.LE. NY 11747-21.68 - [516) 427-5665 I' FAX [516) 427-562D ,3.:hroder Property @ East Marion --- ---EAFJ'AJI 1) Ni&V 9 ZO ENVIRONMENTAL ASSESSMENT FORM PART III y ENVIRONMENTAL AND PLANNING CONSIDERATIONS 1/1I 7 �' 19o*V fi 1 L Location and Site Overview The project site is located on the south side of Main Road (NYS Rte. 25A), approximately 335' - W/o Maple Lane, better known as 4380 Main Road, East Marion, Town of Southold, County of Suffolk. The subject property can be more particularly described as SCTM number 1000-35-05- 04. The property has approximately 116.95' of road frontage along Main Road (NYS Rte. 25A). The project site is mostly developed and not maintained, with vegetated areas consisting primarily of old field vegetation. The site does not contain wetlands or any additional known historically and ecologically significant resources. This review will discuss the proposed project and its potential impact on the land resources. Proposed Project The applicant requests a non-conforming use variance approval from the Zoning Board of Appeals for the operation of a gas station and garage. The site contains an abandoned gas station and garage and it is assumed that the applicant will utilize, and make no additions to, the existing structure. The building department denied a January 7th, 1998 application for a permit to operate an automobile service station due to the discontinued use of the property for a period of over two years. As it is unclear whether or not the property owner did effectively run a business during the past two years, this application will be reviewed in a non-conforming status. Land Use and Zoning The site is not being utilized at present, although the former use of a gas station on site is obvious. Under current conditions, the site does not conform to the character of the area due to the lack of maintenance on the structure and the site in general. It is assumed that the proposed action would involve renovation of the existing building to be utilized as a gas station, and that the applicant would supplement the remaining vegetated portion of the property with landscape species. The site is zoned "R-40" Residence, which requires a minimum lot size of 40,000 SF, or just • slightly less than 1 acre. Therefore, the 0.39 acre site does not meet the required lot size. For use comparison purposes, it is important to consider potential use of the site under R-40 zoning. Maximum permitted lot coverage within the "R-40" zoning district is equivalent to 20% of the lot area (16,953 SF), or an approximately 3,390 SF building footprint. Under existing conditions, the building coverage yields approximately 8%. The required front yard, side yard, and rear yard dimensions are 60, 20/45, and 75 feet respectively. Residential development of the property would require minimum lot area variances, in addition to front and rear yard variances, as the lot is only roughly 150 feet in depth. Depending upon the structure, development of the site could also potentially require side yard variances. The existing one story 1,350 sf structure would most likely not be of sufficient size to serve as a residence. Ili fir NELSON, POPE &VOORHIS, LLC ENVIRONMENTAL • PLANNING • CONSULTING Page 1 of 4 ocnroeder Property @ East Marion EAF Part I Review NP&V#99220 According to the zoning code, a non-conforming use of a building shall not be enlarged, altered extended or reconstructed. A ZBA decision would provide a means by which the existing building could be reconstructed and improved. It should also be noted that the use of the property was not reestablished and replaced by a conforming use. The table below reflects the minimum standards for granting building permits for non-conforming lots. Standards for lot sizes of between 12,000 to 19,900 sf Dimension Requirement Lot Coverage 10% Front Yard 60 Side Yard/both 30/60 Rear Yard 85 Under existing conditions, the building does not meet the side yard and rear yard requirements; however, it conforms to the lot coverage and front yard requirement. The "R-40" low-density residential zoning district was developed to provide areas for residential development where existing neighborhood characteristics, water supply and environmental conditions permit full development densities of one home per acre. It should be noted that the present condition of the site is in an extremely deteriorated condition and does not conform to the character of the area. The site is located along the major arterial for the general area. Since the site is only 150' deep, conforming to zoning setbacks would allow only a 15' wide structure. If the site were re-used for residential purposes, relaxation of front and rear yard setbacks would be needed and the structure would be set nearer this arterial road. R-40 zoning is located to the east, west and south of the site, while R-80 is located to the north. Land use in the general area is predominantly residential and appears to reflect current zoning regulations. However, in the immediate vicinity of the site, there are several uses more similar in nature to the proposed use of the site. Skippers Restaurant lies on the north side of Main Road across from the subject site and is a non-conforming use located on a small lot. A golf course is located adjacent to the east of Skipper's Restaurant, which also attracts non-residential activity to the area. Hellenic snack bar and restaurant and a high density cluster of rental cottages are also located just east of the golf course. Traffic Generation The proposed use would be expected to increase traffic generation upon full establishment of the site as a gas station as compared to existing conditions. The use of the site as a gas station is not anticipated to generate significant additional traffic to the area as gas station uses serve traffic already on area roadways. Due to the location of the site and consideration of area roadways, an increase in trip generation at the site would not be expected to have a significant impact on the area roadways. The site access drive appears adequate and the horizontal and vertical road curvature allows good site distance. �12r t� taps'ir NELSON,POPE 6 VOORHIS, LLC ENVIRONMENTAL • PLANNING • CONSULTING Page 2 —aroeder Property @ East Marion EAF Part I Review NP&V#99220 Soils and Topography The site is relatively flat throughout, with all existing and proposed slopes of between 0-10%. The property does not contain any significant landforms or geological features. The entire site is developed, with pervious areas generally consisting of old field vegetation. Haven Loam (HaA, 0-2% slopes) is the only soil types present on site. The Haven Loam series is described within the Suffolk County Soil Survey as land which is suitable for development, with good leaching potential. The topography and soils on site do not appear to present severe development constraints. There are no wetlands on site or adjacent to the property. Water Resources Public water is supplied to the site by the Suffolk County Water Authority. There is a 10 inch main along the north side of Main Road (NYS Rte. 25A), with several fire hydrants in the vicinity. The Islands End Well Field & Pump Station is located on the north side of Main Road (S.R. 25) approximately 1,000' east of the project site. It is estimated that the proposed project will utilize approximately 40.5 gallons of water per day. It is not anticipate that the proposed project will have a significant impact on water supply resources and in fact would have less impact than residential site use which would utilize approximately 300 gallons per day. It is expected that on site sanitary disposal is currently managed by on-site underground sewage leaching systems. In 1978, the Long Island Regional Planning Board published The Long Island Comprehensive Waste Treatment Management Plan (208 Study). The 208 Study identified eight (8) hydrogeologic zones in Nassau and Suffolk Counties. These zones were distinguished based upon differences in underlying groundwater flow patterns and water quality. The subject site is located within SCDHS Groundwater Management Zone IV, which according to Article IV, has an allowable flow of 600 gallons per day (gpd) per acre. Therefore, the allowable nitrogen bearing flow for the site is 117 gpd. The sanitary design flow is computed using SCDHS manual Standards for Approval of Plans and Construction for Sewage Disposal Systems for Other Than Single Family Residences. The manual establishes the design flow as follows: Dry Retail 0.03 gpd x 1,350 s.f. 40.5 gpd Therefore, the proposed gas station use would generate less sanitary waste than a residential dwelling and would conform with Article VI of the Suffolk County Sanitary Code. The elevation of groundwater beneath the subject site is roughly 2 feet above mean sea level (msl) according to the 1998 SCDHS water table map. The topographic elevation on site ranges from approximately 15-20 feet above msl, based on USGS topographic map. Therefore, the minimum depth to groundwater is approximately 13 feet. The direction of groundwater flow is towards the south. The depth to groundwater on site is not expected to have constraints on the location of septic systems on the parcel. A standard, three pool septic system typically requires a minimum depth to groundwater of approximately 9 feet to allow adequate depth for leaching. NELSON, POPE 6 VOORHIS, LLC ENVIRONMENTAL • PLANNING • CONSULTING Page 3 -.::.iroeder Property @ East Marion EAF Part I Review NP&V#99220 SUMMARY In conclusion, the proposed project appears to have minimal environmental constraints. Utilization of an existing structure and development of a previously existing use appears to have minimal impacts. The site is not well maintained and does not conform with the character of,the area due to its deteriorating nature. The proposed project will increase the aesthetic value to the immediate area. The site is expected to increase the number of trips entering and exiting the site, however the proposed use is not anticipated to generate significant additional traffic to the surrounding areas or have a significant impact. It is recommended that the applicant submit site plans showing any renovation to the property in addition to a landscape plan. HP* NELSON, POPE&VOORHIS, LLC ENVIRONMENTAL • PLANNING • CONSULTING Page 4 UN--4-....;_-_/.,./0_:/__ ,r /; PART 1--PROJECT INFORMATION Prepared by Project Sponsor ' '':- ` C -NOTICE; This document is deigned to assist in determining whether the action proposed may nificant a ect on the environment. Please complete the entire form. Parts A through E. Answers to these questions willo ed as part of the application for agiproval and may be subject to further verification and public review. Provide any additi•nal information you believe will te needed to complete Parts 2 and 1 It is expected that completion of the full EAF will be dependent on information currently available and will not in -Ive new studies,research or invest itation. If information requiring such additional„pork is unavailable,so indicate and s• -city each instance. - i • NAME F ACTION / �j ct{2O606a. GPEGT�I 0GA 1 d n4eroi✓ 1I LOCATION OF ACTION(Indu4t Olga lit Ade6544.UunielpaUey anti Counts I 4380 Main Road, Rte. 25, East Marion, Suffolk County, New York I i- 1 NAME OF APPLIC�ANT1 ONSOR ROSINESS ELEPHONE Ali Yuzbasioglu _________ 5161 .462- ,..941.0 f: ADDRESS 120 Old Main Road t ( CIT(IpO STATE IJP CODE Mattituck - NY 11.9.52 NAME OF OWNER(11 dttlari it 1 W n BUSING TELEPHONE 1 ' 1"- c re a ,le - ? - e4 :i. •e. .. sc r. ve a r• (y7 I /, 2 I ADDRESS r� caw(' „ STATE ZIP CODE ' = �asA- Ma. ria /i • h. ! ,/r . DESCRIPTION OF ACTION /1 (/pp/it,aro` /LeiNeIrr4'( Rppro✓a/ tar - /oN-colt 4ini., axe o6 a- 9 et.! J'fa.r�►el. 4 ou�agg ‘1.) a R-46 ILes 1 ..l-icit 7*o.�J6• The fr e vrre4f AI. Co41/`a,i+.t' ha” /, 3 -a SG 1armr.� � ,sfa}"on/ga,lpl, GJ/Licit it �,n a Gleferias/cr • I nen Q 9 0 G co,i�.'hi or+. No "Veal co rJ'h'a i of tea/ occur eq. a MCJ'ri/1 1 fru 1 rofooseo AcT/o,v _ Please Complete Each Question-Indicate N.A. if not applicable A. Site De6criptlfln Physical setting of overall pr,ject, both developed and u eveloped areas. 1. Present land use: ClUr153rl Oindustrial E�Commercia) OResidential(suburban) °Rural(non "arm) CIPo rest (Agriculture (Other - 2. Total acreage of project area; 0.39 acres. APPROXIMATE ACREA':,E �1'rnci,a(ir• f ev,"" PRESENTLY AFTER COMPLETI N - P-r , Meadow or arushland (•aor.•agricultural) i a."(Aeoft, ) °741'/ i9acres ales �� Forested __,..,..4_&___ acres a es •Agricultural (includes Diehards. cropland, pasture, etc.) 4/ /,z acres a es wetland (Freshwater or tidal as per Artic103 24. 25 of ECL) ,Y it acres a es Water Surface Area - 4 if acres +-- a. es Unvegetated (Rock. earth or fill) 1),0.r. acres 2-':-OT-66----------•_ a.res Roads, buildings and o1 her paved surfaces - I,,T _ acres t . a: es -' . Other (Indicate typeL &/O-scf1P&/T,�€ 4 , acres e)./4( - •.res I 3. What is predominant soil.type(S) on project site? .. ........:A I/AA /'r ' 3 a. 5oi1 drainage: O'iyell drained /ere 56 of site ❑Moderately well drained _— %'ot site . ''"'.4,-, ) O1'•oorly drained % of site - b. if any agricultural land is involved,now many aires of soil are classified within soi(•group 1 through 4 of t - NY' Land Classification System' JY acres. (See 1 NYCRR 370). ' 4. Are there bedrock outcroppings on project si of (Yes E:K0 J/% ' {�1 , a. What is depth to bel,irocki' (in feet) I �`' � 2 `,. / ' ,/ , 1J-7T-11 ---,.,_ . ,I4 X1999 '7f' ,' , ,;:f /tj',I/, ' 5. Approximate percentage of proposed project site with slopes: 00-10% -._.2...3.' —% 010-1.5% % 015% or greater ' 6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the National Registers of Historic Places? OYes IgiNo j 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? OYes )4No [1 . 8. What is the depth of the water table? - (in feet) t i c - 9. Is site located over a primary, principal, or sole source aquifer? (Yes %No Ii10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? OYes $No 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? _% OYes gNo According to Identify each species 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations) , [• OYes 'No Describe 13: Is the project site presently used by the community or neighborhood as an open space or recreation area? r • OYes IgNo If yes, explain 1 14. Does the present site include scenic views known to be important to the community? OYes 34No t :' 15. Streams within or contiguous to project area: i - a. Name of Stream and name of River to which it is tributary n b tt e u 16. Lakes, ponds, wetland areas within or contiguous to project area: a. Name f,0 rti Z b. Size (In acres) .c..__- 17. 17. Is the site served by existing public utilities? "Yes ONo ' - 1 .a) If Yes, does sufficient capacity exist to allow connection? 'Yes ONo b) If Yes, will improvements be necessary to allow connection? OYes • No 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, if Section 303 and 304? OYes XNo 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 i of the ECL. and 6 NYCRR 617? OYes JE No I,- 20. Has the site ever been used for the disposal of solid or hazardous wastes? OYes 1No ( B. Project Description `, , 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or ontrolieCd by project sponsor •3'acres. b. Project acreage to be developed: O.3' acres initially; 0 3 5 acres ultimately. L. c. Project acreage to remain undeveloped eis acres. d. Length of project, in miles: A/fA• (If appropriate) /'� e. If the project is an expansion, indicate percent of expansion proposed %; � v f. Number of off-street parking spaces existing N)Pr ?� ; proposed g. Maximum vehicular trips generated per hour 1-c2969 (upon completion of project)? SEE 4cartab 1 h. If residential: Number and type of housing units: w11 A One Family Two Family Multiple Family Condominium Initially — I ' Ultimately ��ii it,„----- e i. Dimensions (in feet) of largest proposed structure 4�) } h ght; 6 3o width: 0 gri le g h:- -_. �'; j. Linear feet of frontage along a public thoroughfare project will occupy is? d— fif�-` / 0 7 ,l' ( /Ho. 9.s3 i�f' � a�- 1 iii P T Y> �l , 1 ' 2. How much natural material IL—, ..sok, earth etc.) will be rem from the • ,tans/cubic yards 3. Will disturbed areas be reclagmedr Wes ONa QN1,% t a. if yes, for what intent;._ purpose is the site being reclaimed? -i: ' " e, a 41 . b. Will topsoil be stockpiled for reclamation? DYes n .a 1 c. Will upper subsoi; be stockpiled for reclamation? ❑Yes No i 4. How many acres of vegetation (trees, shrubs, ground covers)will be removed from site? •D�_2 Cres •" 5. Will any mature est(over 100 years old)or other locally-important vegetation be removed by this project? ❑Yes ' • 6. If single phase project Antic ipated period of construction • I ,months, (including demolition). 7. If multi-phased; A/14 ! a. Total number of phases.anticipated ___,..1______(number). . . b. Anticipated date of commencement phase 1 month year, (including demolition C. Approximate completio I date of final phase —.1,‘,Z(.____monthyear.year. d. is phase 1 functionally dependent on subsequent p�haa ? 'es :No i 8. Will blasting occur daring c Instruction? DYes QNo • - t Co 9. Number of jobs generated_ during construction ' I'S ; after project is complete 10. Number of jobs eliminated by this project 11. Will ��// project require reloca�on of any projects or facilities? Yes C3No If yes, explain �/ 1- 12_ Is surface liquid waste disposal involved? 1�Yes I�No a. If yes, indicate type 01 waste (sewage, industrial, etc.) and amount I. b. Name of water body it to which effluent will be discharg�edd. -LY I E 13. Is subsurface Liquid waste disposal involved? (Yes l3No Type S ' E tet-1- 14. Will surface area of an ex sting water body increase or decrease by proposal? CDYes o • i• Explain 15. Is project or any portion c•f project located in a 100 year d plain? DYes b o 16. Will the project generate :olid waste? jlitY `es o 1'' lbs 11 0005FJ a. if yes, what is the amc,unt pet month _,4 17-- tans O. _ fio� I b. If yes, will an existing :wild waste facility be used?e= J/ o . c. if yes. give name Sov7'9P _ — ; Location C.Irr«so4 v E 1 d. Will any wastes not gc. into a sewage disposal system or into a sanitary landfill? OYes 1 No • e. If Yes, explain - . l 17. Will the project involve tine disposal of solid waste? ❑Yes gTNa a. If yes, what is the anticipated rate of disposal? ', AC tons/month. b. if yes, what is the ant cipated site life? .. year. , / 18. Will project use herbicides or pesticides? ❑Yes (o 19. Will project routinely proJuce odors(more than one hour per day)? OYesNo t 20. Will project produce opei sting noise exceeding the local ambient not levels? ❑Yes L!N4 21. Will project result in an Increase in ene . use? ' jYe's '' (91 If yes , indicate typets) . ' e 'a— • of w . ,-tU• ad •• . 5 ____ . ' 22. If water supply is from wi!Ils, indicate pumping capacity.. ._gallons/minute. 23. Total anticipated water ,?sage•per•day $allonslday•• C 0.0. .34'4) ( 24. Coes project lnvoltre laeaI.•State or-Federal fliitdi'ngl---Oyes 'tt36 ' _ _ If Yes, explain _.,... . ,.... . c:. s ... r .c;.. -'11 .. —' ; 4 140 r 7 h.. rye° • 1 ,( r ' ' 25_ Approvals Required: Submittal Type Date • • .,,.1;':,,:',,'. ©Yes ❑No - :`yCity. Town. Village Board t•„ City. Town, VilIags Planning lit erd OYe$ ONa • If City, Town Zoning 8cardZS.,Yy ❑No �vo.2-con�ai n,ns uss APaa✓a.( If7tE; DNo Saw/> 2V Am'eodAc_ Gty.County Health Departttlgr t -,•-•'.;,, .. . :r,. ---,. i-.,.:.2.-a==' OYes ONa —o ..'; Ottlif LOC**•Ageneiev-.V ” • � z4" • m �: y' r ,Y • 'V'cry4.. . DYes ❑Na { , DYes ❑Nv .0 yS1�EC "T a .�, DYes CI • Oxy �4 =� �' ormatioi� Lt N . s _ , ; planning or zoning decision? Yes ONo tivrr t ' - " ' Winning variant a ,� ,�. � t S especial use permit Osu6tkivision Osite clan ArASt .�, r ;r, t ` Sfr ;. ..r Plan ❑rssourca management plan Dottier X (s of I 0 ` ° 2 t t- ' za ' classification the site? .-�.ii�ra�tMA�r� I-_- y ( ^ 3. What is the maximumpotential development 4f the site if de =loped as permitted by the present zoning? 4' 4 What is the proposed coni ig of the site? ' �� / VO`.M - 5. What is the maximum poteiti I development f the site if developed aspermi by the proposed zoning? • b. Is the proposed action con.,istent with the recommend- uses in adopted local land use pians? r% es t, o + 7. What are• _ ed-minant land us,. and z•ntng classifications within a 'A mile radius of proposed a 'on? Lloi2-80 _ ► ; . i: - = iii_ 8. Is the pro••/-• action ttunpatlble With adjoininglsurrounding land uses within a 'A mile? r, es ■ o 9. If the proposed action is the subdivision of land, how many lots are proposed? Al 4 „a• What is the n+inirou� ya 0 Will proposed acuort � 101 sfZe proposed? ir ", -�.SA' , ° 1 !),,,‘,-;.‘,„..4 5ut •rization(s)for the formation of sewer or water districts) DYes: o Nq rG ,_ f,(�- demand r , d for any community provided services (recreation education, po ce. < r .I 4 e. • .'r ;� ,3L� r U 1 snt to handle projected demand? 13Yes ❑No " r ,- =s r 1.4-- 1- ,• ';•._---;2--:,,,,—,.;-•,,,i„; !` t,�:llhit generation f 7 ad o traffic significantly above present levels!/ o f,.3..1;p, : -.4k' 47..kiT. "-r e i`:. 4`,U`i ItatWOrk adequate to handle the additional traffic? �� _�-:'�' DYes ONv 5 D. Informational Details sf-r� f s G yr eN/I y ' Attach any additional intore� impacts associated with your "O ll>tl t 44 may be needed to clarify your project • If there are or be any adv rse • avoid them. ul"Ries diteuss such impacts and the measures which you propose to mitiga or E. Verification I certify that the information piHVlcJed above is true to the best of my knowledge. • Applicant/Spot _ ,•me 1j Signature 40,0K----, 4 v Date It the action is in theCoastal•tirea.i '`� ...,S-- e. Title with this assessment. ��Y41iFii't tsta e-agene1,L'mpk[the Coastal Assessment Form be;FZirf(E p�1• ng i I ' "id) ' 1 OCT -. 81999 11 / JUS2 4.999 z� / .-,Q Shroeder Property SUMMARY OF TRIP GENERATION CALCULATION FOR 2 VEH. FUELING POSITIONS OF GASOLINE/SERVICE STATION 09/30/99 AVERAGE STANDARD ADJUSTMENT DR-WAY RATE DEVIATION FACTOR VOLUME AVG WKDY 2-WAY VOL 168 . 56 71 . 19 1 . 00 337 7-9 AM PK HR ENTER 6 . 26 0 . 00 1 . 00 13 7-9 AM PK HR EXIT 6 . 01 0 . 00 1 . 00 12 7-9 AM PK HR TOTAL 12 . 27 4 . 36 1 . 00 25 4-6 PM PK HR ENTER 7 .43 0 . 00 1 . 00 15 4-6 PM PK HR EXIT 7 . 13 0 . 00 1 . 00 14 4-6 PM PK HR TOTAL 14 . 56 6 . 70 1 . 00 29 SATURDAY 2-WAY VOL • 0 . 00 0 . 00 1 . 00 0 PK HR ENTER 0 . 00 0 . 00 1 . 00 0 PK HR EXIT 0 . 00 0 . 00 1 . 00 0 PK HR TOTAL 0 . 00 0 . 00 1 . 00 0 SUNDAY 2-WAY VOL 0 . 00 0 . 00 1 . 00 0 PK HR ENTER 0 . 00 0 . 00 1 . 00 0 PK HR EXIT 0 . 00 0 . 00 1 . 00 0 PK HR TOTAL 0 . 00 0 . 00 1 . 00 0 Note : A zero rate indicates no rate data available Source : Institute of Transportation Engineers Trip Generation, 6th Edition, 1997 . TRIP GENERATION BY MICROTRANS Part 2—PR( :CT IMPACTS AND THEIR MAfITUDE Responsibility of Lead Agency • General Information (Read Carefully) • In completing the form the reviewer should be guided by the question: Have my responses and determinations been reasonable? The reviewer is not expected to be an expert environmental analyst. • Identifying that an impact will be potentially large (column,2) does not mean that it is also necessarily significant. Any large impact must be evaluated in PART 3 to determine significance. Identifying an impact in column 2 simply asks that it be looked at further. • The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the threshold of magnitude that would trigger a response in column 2. The examples are generally applicable throughout the State and for most situations. But, for any specific project or site other examples andlor lower thresholds may be appropriate _ for a Potential Large Impact response, thus requiring evaluation in Part 3. ., • The impacts of each project, on each site, in each locality, will vary. Therefore, the examples are illustrative and have been offered as guidance.They do-not constitute an exhaustive list of impacts and thresholds to answer each question. • The number of examples per question does not indicate the importance of each question. • • In identifying impacts, consider long term, short term and cumlative effects. Instructions (Read carefully) • a. Answer each of the 19 questions in PART 2. Answer Yes if there will be any impact. b. Maybe answers should be considered as Yes answers. , - c. If answering Yes to a question then check the appropriate box (column 1 or 2) to indicate the potential size of the impact. If impact threshold equals or exceeds any example provided;check column 2. If impact will occur but threshold is lower than example, check column 1. d. If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART 3. e. If a potentially large impact checked in column 2 can be mitigated by change(s) in the project to a small to moderate impact, also check the Yes box in column 3. A No response indicates that such a reduction is not possible. This must be explained in Part 3. 1 2 - 3 Small to Potential Can Impact Be IMPACT ON LAND Moderate Large Mitigated By Impact Impact Project Change 1. Will the proposed action result in a physical change to the project site? ONO OYES Examples that would apply to column 2 • Any construction on slopes of 15% or greater, (15 foot rise per 100 0 . 0 ❑Yes ONo foot of length), or where the general slopes in the project area exceed 10%. • Construction on land where the depth to the water table is less than 0 0 ❑Yes ❑No 3 feet. • Construction of paved parking area for 1,000 or more vehicles. 0 0 ❑Yes 0 N • Construction on land where bedrock is exposed or generally within ❑ . 0 ❑Yes ❑No 3 feet of existing ground surface. - • Construction that will continue for more than 1 year or involve more 0 0 ❑Yes ❑No than one phase or stage. • Excavation for mining purposes that would remove more than 1,000 ❑ 0 ❑Yes Ohio tons of natural material (i.e., rock or soil) per year. _ • Construction or expansion of a sanitary landfill. 0 0 ❑Yes ONo • Construction in a designated floodway. 0 0 ❑Yes ❑No- • Other impacts Old Pfeil) VEbenoneJ tyke_ 3E - S 0 EYes ONo /FJIlor/ED 7 Be g"Paceo w J [.4#tdorkvb Specter +1 or Phewalo✓r 2. Will there be an effect tr. ...iy unique or unusual land forms found on the site?(i.e., cliffs, dunes, geological formations, etc.)gNO ` OYES • Specific land forms: 0 0 ❑Yes ONo 6 - 3 S,,,—,1 to Potential Can Impact Be IMPACT ON,WATER Moderate Large Mitigated By 3 Will proposed action affect any water body designated as protected? Impact Impact Project Change (Under Articles 15, 24, 25 of the Environmental Conservation Law, ECL) ■NO OYES Examples that would apply to column 2 ' • Developable area of site contains a protected water body. 0 0 ❑Yes ONo • Dredging more than 100 cubic yards of material from channel of a 0 0 ❑Yes ONO' protected stream. • Extension of utility distribution facilities through a protected water body. 0 0 ❑Yes ❑No • Construction in a designated freshwater or tidal wetland. 0 0 ❑Yes ONo • Other impacts: 0 0 ❑Yes ONo 4. Will proposed action affect any non-protected existing or new body of water? . ■NO OYES Examples that would apply to column 2 • A 10% increase or decrease in the surface area of any body of water 0 0 ❑Yes 0 N or more than a 10 acre increase or decrease. . • Construction of a body of water that exceeds 10 acres of surface area. 0 0 ❑Yes 0 N • Other impacts: ' 0 0 ❑Yes ONo • i 5. Will Proposed Action affect surface or groundwater . quality or quantity? ONO OYES Examples that would apply to column 2 - • Proposed Action will require a discharge permit. 0 0 ❑Yes 0 N • Proposed Action requires use of a source of water that does not 0 0 ❑Yes ONo have approval to serve proposed (project) action. • Proposed Action requires water supply from wells with greater than 45 0 0 ❑Yes El No gallons per minute pumping capacity. • Construction or operation causing any contamination of a water 0 0 ❑Yes C3 No supply system. • Proposed Action will adversely affect groundwater. ' 0 0 ❑Yes ONo i • Liquid effluent will be conveyed off the site to facilities which presently 0 0 ❑Yes ONo ' do not exist or have inadequate capacity. • Proposed Action would use water in excess- of 20,000 gallons per 0 0 El Yes ONo day. • Proposed Action will likely cause siltation or other discharge into an ❑ 0 ❑Yes ❑No existing body of water to the extent that there will be an obvious visual contrast to natural conditions. • Proposed Action will require the storage of petroleum or chemical ❑' 0 ❑Yes 0 N products greater than 1,100 gallons. • Proposed Action will allow rs.sidefrtial uses in areas without water $ 0 SYes ONo and/or sewer services. Lor►tmE.ttcAI • Proposed Action locates commercial and/or industrial uses which may 0 0 ❑Yes El No require new or expansion of existing waste treatment and/or storage - facilities. • Other impacts: 0 0 ❑Yes ONo �;' ' -,.� 6. Will proposed action alter drainage flow or patterns, or surface '';'� ;5' water runoff? ■NO DYES Li o` i' lr7' ' Examples that would apply to column 2 � • Proposed Action would change flood water flows. ❑ili'l, l 000 , ,❑ ,.�❑Yes / No 7 IU U� J.:I �1// � 2 3 Sm... to Potential Can Impact Be Moderate Large Mitigated.By Impact Impact Project Change • Proposed Action may cause substantial erosion. ❑ ❑ ❑Yes ❑No • Proposed Action is incompatible with existing drainage patterns. ❑ ❑ ❑Yes ❑No • Proposed Action will allow development in a designated floodway. - ❑ ❑ ❑Yes ❑No • Other impacts: ❑ ❑ ❑Yes ❑No IMPACT ON AIR 7. Will proposed action affect air quality? ONO DYES Examples that would apply to column 2 • Proposed Action will induce 1,000 or more vehicle trips in any given ❑ ❑ ❑Yes 0N • - hour. • Proposed Action will result in the incineration of more than 1 ton of ❑ ❑ El Yes 0N refuse per hour. • • Emission rate of total contaminants will exceed 5 lbs. per hour or a ❑ ❑ ❑Yes ❑No heat source producing more than 10 million BTU's per hour. • Proposed action will allow an increase in the amount of land committed ❑ ❑ ❑Yes ❑No to industrial use. • Proposed action will allow an increase in the density of industrial ❑ ❑ ❑Yes ❑No development within existing industrial areas. • Other impacts: ❑ ❑ ❑Yes ❑No IMPACT ON PLANTS AND ANIMALS 8. Will Proposed Action affect any threatened or endangered species? •NO ❑YES Examples that would apply to column 2 • Reduction of one or more species listed on the New York or Federal ❑ ❑ ❑Yes ❑No list, using the site, over or near site or found on the site. • Removal of any portion of a critical or significant wildlife habitat. • ❑ ❑ ❑Yes CI No • Application of pesticide or herbicide more than twice a year, other ❑ ❑ El Yes ❑No than for agricultural purposes. • Other impacts: ❑ ❑ ❑Yes ❑No 9. Will Proposed Action substantially affect non-threatened or non-endangered species? ■NO DYES Examples that would apply to column 2 • Proposed Action would substantially interfere with any resident or ❑ ❑ - ❑Yes ❑No migratory fish, shellfish or wildlife species. • Proposed Action requires the removal of more than 10 acres ❑ ❑ ❑Yes ❑No of mature forest (over 100 years of age) or other locally important vegetation. IMPACT ON AGRICULTURAL LAND RESOURCES 10. Will the Proposed Action affect agricultural land resources? ■NO DYES Examples that would apply to column 2 • The proposed action would sever, cross or limit access to agricultural ❑ ❑ ❑Yes ❑No land(includes cropland, hayfields, pasture, vineyard, orchard, etc.) 8 2 ' 3 • Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change • Construction'activity would excavate or compact the soil profile of '' ❑ 0 - DYes ❑No agricultural land. • The proposed action would irreversibly convert more than 10 acres 0 0 ❑Yes ❑No of agricultural land or, if located in an Agricultutal District, more than 2.5 acres of agricultural land. _ • The proposed action would disrupt or prevent installation of agricultural 0 0 ❑Yes ❑No land management systems (e.g., subsurface drain lines, outlet ditches, strip cropping); or create a need for such measures (e.g. cause a farm field to drain poorly due to increased runoff) • Other impacts: 0 0 ❑Yes ❑No IMPACT ON AESTHETIC RESOURCES 11 . Will proposed action affect aesthetic resources? ONO *YES (If necessary, use the Visual EAF Addendum in Section 617.21, Appendix B.) Examples that would apply to column 2 • Proposed land uses, or project components obviously different from ii 0 !Yes 0N or in sharp contrast to current surrounding land use patterns, whether man-made or natural. • Proposed land uses, or project components visible to users of 0 0 ❑Yes ❑No aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource. • Project components that will result in the elimination or significant 0 0 ❑Yes ❑No screening of scenic views known to be important to the area. • Other impacts: 0 0 ❑Yes ONo IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12. Will Proposed Action impact any site or structure of historic, pre- historic or paleontological importance? ■NO OYES Examples that would apply to column 2 • Proposed Action occurring wholly or partially within or substantially 0 0 ❑Yes ❑No contiguous to any facility or site listed on the State or National Register of historic places. • Any impact to an archaeological site or fossil bed located within the - 0 0 ❑Yes 0N project site. • Proposed Action will occur in an area designated as sensitive for 0 0 ❑Yes ❑No archaeological sites on the NYS Site Inventory. • Other impacts: 0 0 ❑Yes ❑No IMPACT ON OPEN SPACE AND RECREATION 13. Will Proposed Action affect the quantity or quality of existing or future open spaces or recreational opportunities? Examples that would apply to column 2 •UNO DYES • The permanent foreclosure of a future recreational opportunity. 0 0 ❑Yes ❑No • A major reduction of an open space important to the community. 0 0 ❑Yes 0N o Other impacts: 0 0 ❑Yes ❑No 9 2 • 3 IMPACT ON T.;riSPORTATION Small to Potential Can Impact Be 14. Will there be an effect to existing transportation systems? Moderate Large Mitigated By • ONO 'EYES Impact Impact Project Change Examples that would apply to column 2 • Alteration of present patterns of movement of people and/or goods. ❑ ❑Yes MNo • Proposed Action will result in major traffic problems. 0 ❑ ❑Yes ONo • Other impacts: 0 ❑ ❑Yes 0N IMPACT ON ENERGY 15. Will proposed action affect the community's sources of fuel or energy supply? ONO ■YES Examples that would apply to column 2 • Proposed Action will cause a greater than 5% increase. in the use of ❑ ❑Yes INo any form of energy in the municipality. P r...4JY/AC.y • Proposed Action will require the creation or extension of an energy 0 ❑ ❑Yes Ohio transmission or supply system to serve more than 50 single or two family residences or to serve a major commercial or industrial use. • Other impacts: ❑ ❑ ❑Yes ONo NOISE AND ODOR IMPACTS 16. Will there be objectionable odors, noise, or vibration as a result of the Proposed Action? ONO DYES Examples that would apply to column 2 • Blasting within 1,500 feet of a hospital, school or other sensitive 0 ❑ ❑Yes ONo facility. • Odors will occur routinely (more than one hour per day). 0 ❑ ❑Yes ONo • Proposed Action will produce operating noise exceeding the local 0 ❑ ❑Yes ONo ambient noise levels for noise outside of structures. • Proposed Action will remove natural barriers that would act.as a 0 ❑ ❑Yes 0N noise screen. • Other impacts: 0 0 ❑Yes ONo IMPACT ON PUBLIC HEALTH 17, Will Proposed Action affect public health and safety? ONO EYES Examples that would apply to column 2 • Proposed Action may cause a risk of explosion or release of hazardous U ❑ ❑Yes SNo substances(i.e.oil, pesticides, chemicals, radiation, etc.)in the event of accident or upset conditions, or there may be a chronic low level discharge or emission. • Proposed Action may result in the burial of"hazardous wastes" in any 0 ❑ ❑Yes ❑No form (i.e. toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc.) • Storage facilities for one million or more gallons of liquified natural ❑ ❑ ❑Yes ONo gas or other flammable liquids. • Proposed action may result in the excavation or other disturbance ❑ 0 ❑Yes ONO within 2,000 feet of a site used for the disposal of solid or hazardous waste. • Other impacts: - ❑ 0 ❑Yes ONo 10 IMPACT ON GROWT.. .:ND CHARACTER 2 3 - OF COMMUNITY OR NEIGHBORHOOD Small to Potential Can Impact Be M-'18. Will proposed action affect the character of the existing community? Moderate Large Impact Impact Project Change d caBy ONO •YES. Examples that would apply to column 2 • The permanent population of the city, town or village in which the ❑ ❑ ❑Yes ❑No project is located is likely to grow by more than 5%. • The municipal budget for capital expenditures or operating services 0 0 ❑Yes ❑No will increase by more than 5% per year as a result of this project. • Proposed action will conflict with officially adopted plans or goals: I 0 ❑Yes INo • Proposed action will cause a change in the density of land use. 0 0 ❑Yes ❑No • Proposed Action will replace or eliminate existing facilities, structures 0 0 ❑Yes ❑No or areas of historic importance to the community. • Development will create a demand for additional community services 0 0 ❑Yes ❑No (e.g. schools, police and fire, etc.) • Proposed Action will set an important precedent for future projects. 0 0 ❑Yes ❑No • Proposed Action will crea a or eliminate employment. _ i 0 SYes ❑No • Other impacts: 0 0 ❑Yes ❑No 19. Is there, or is there likely to be, public controversy related to potential adverse environmental impacts? ONO OYES If Any Action in Part 2 Is Identified as a Potential Large Impact or If You Cannot Determine the Magnitude of Impact, Proceed to Part 3 Part 3--EVALUATION OF THE IMPORTANCE OF IMPACTS Responsibility of Lead Agency Part 3 must be prepared if one or more impact(s) is considered to be potentially large, even if the impact(s) may be mitigated. instructions Discuss the following for each impact identified in Column 2 of Part 2: 1 . Briefly describe the impact. 2. Describe(if applicable)how the impact could be mitigated or reduced to a small to moderate impact by project change(s). 3. Based on the information available, decide if it is reasonable to conclude that`this impact is important. To answer the question of importance; consider: • The probability of the impact occurring • The duration of the impact • Its irreversibility, including permanently lost resources of value • Whether the impact can or will be controlled .• The regional consequence of the impact • Its potential divergence from local needs and goals • Whether known objections to the project relate to this impact. t;`a ,r� (Continue on attachments) `/p),L. v iir o ie , /.i, /i� flf j� �e� � :1999 / l: r Locations Easterly aide of new building line to be at least 20 feet from present easterly property line of Charles U. King. North aide of nem • building to bo' located at boot 20 feet mouth of and parallel 'to northerly line of prevent building. 2. Prevent sign mitet be relocated to conform to five foot eettook from all property lines, if present location is in violation of Ordinance as amended. 3. No major repair work shall be performed in the open. 4. Pumps, lubricating Yeo � algleast fifteen ( feet romha lino oany atametr hihway, rht of way o r property line. • 5. All fuel or similar subotanoee 'shall be stored at least fifteen (15) foot dieteaao from any street or lot line. 6. No autosoobiloa, or autoicobile parts, dirmantled or damaged vehicle's and similar articles shall be stored in the open and no parking of vehicles, other than those being serviced, shall be permittod. Board reasoned that the pea station does not constitute an esTaneion of a non- conforming use and that it will in fact by analler than the present rotation and may be expected to enhance the character of the neighborhood. • 7v - . 1,4.;„ 1 F r, FORM NO.4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector --- Town Hall Southold, N.Y. Certificate Of Occupancy Z10589 No. Date July 17 , , 19 .81 THIS CERTIFIES that the building Location of Property 4380 Main Road , Rt. 25 Greenport , New York House No. Street Hamlet County Tax Map No. 1000 Section 35 Block 5 Lot 4 Subdivision Filed Map No. Lot No. requirements for a Public Garage built prior to conforms substantially to the-Applies-tien-forBuilding+ermit. heretofore—filed-irr-this-offic dated- April 23 , 1957. pursuant to whicgtiCiAilifi p t-1Q6-Qccupancy Z10589 dated July 17 19 .81 ,was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is A Public Garage None—Conforming in the "A" Residential — Agricultural District. The certificate is issued to WilLtam. (owner,lesseQQr.efi@r2L_ of the aforesaid building. Suffolk County Department of Health Approval UNDERWRITERS CERTIFICATE NO. N.'R Building Inspector Rev. 1/81 • r ` , • ,'Minutes Board of Appea, u a , May 29, 1958 - • ra A regular meeting of the Southold Town 'Board of Appeals_ was held at the Town Clerk's Office, Southold, New York, on, Thursday evening, May 29, at 7:30 P.M. •- There were present: Mr. ' R.W. Gillispie, Jr. ; Chairman, Mr. Robert Bergen, Mr. Herbert Rosenberg and Mr. Charles Grigonis , Jr. Absent: Mr. Serge Doyen, Jr. - Also presnet; Mr. Howard M. Terry, Building Inspector. PUBLIC HEARING: Appeal No. 63 - Application of C"arles M. King of Sunset Shores, East Marion, New York, for a special except under the Zoning Ordinance to demolish present gasoline filling station and erect a new gas station on the same location. =N Application was read by the Chairman as well as the legal- not ' , '- • of public hearing and affidavit from the Long Island Traveler-Matt �, Watchman attesting to the publication of notice', and letter to Lap- licant advising date of public hearing. .. Chairman: Is there anyone present who wishes to speak for a this application? , es co Mr. King submitted a blueprint of the proposed gas station building for the Board's review. Discussion was held regarding distance from easterly line of property to east side of present buildingbuilding, a distance of approximately 16 feet. A Q possibility of acquiring fifty feet additional frontage on the Eas' 25. - exists . Discussion was also held on the proposed location, setbaci Q - tank size and location, etc. f— rn Chairman: Is there anyone present who wishes to speak against this application? No one spoke against the appeal. General conditions relative to gasoline stations , stipulated in the Minutes of April 3, 1958, were--read and imposed. Discussion was held regarding relocating present sign and it was the decision of the Board that the sign must be moved, if necessary, to conform to five foot seyback from all property lines , in accordance with the Zoning Ordinance . The estimated cost of the new building - 013,500.00. It was noted that a "B" Business district was applied for but that no action has yet been taken by the Town Board on this Matter. It was the Board 's decision that the easterly side of the new building should be located at least 20 feet from present easterly property line of Charles M. King and that north side of proposed building be located at least 20 feet south of and parallel to location of present structure. Appeal was unanimously granted. Board reasoned that the new 9 station does not constitute an expansion of a non-conforming use and that it will in fact be smaller than the present station and me f:= be expected to enchance the character of the neighborhood.rhood. 1. r0 .. -ice f • ( }°' WN OF SOUTHOLD, NEW YORK - ACTION OF THE ZONING BOARD OF APPEALS DATE Jute 14, WA Appeal'No. 63, Doted IV 14, 1958 ACTION OF THE ZONING BOARD OF APPEALS OF TOWN OF SOUTHOLD To Charles V. King Appellant S lit shores eL_L!trionp_tfen._York At a meeting of the Zoning Board of Appeals on Nal 29, 1958 the appeal was considered and the action indicated below was taken on your' , ( ) Request for variance due to lack of access to property ( ) Request for a special permit under the Zoning Ordinance - ( ) Request for a variance to the Zoning Ordinance (s ) Request for a special exception undor the Zoning Ordinance I. SPECIAL PERMIT. By resolution of the Board it was determined that a special permit ( ) be granted ( ) be denied pursuant to Article Section Subsection paragraph of the Zoning Ordinance, and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because . ` - 2. VARIANCE. By resolution of the Board 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 previous decisions of the .Buildinq Inspector ( ) be confirmed ( ) be'reversed 3. SPECIAL EXCEPTICp/ ' By revolution of the Board it was determined that the special exception to demolish proaent gasoline filling station and erect a •new' station, as per plans submitted, smaller in total area than present station be granted, subject to the following stipulations; °Gee Over ZONING BOARD OF APPEALS Grace F3. Meyer Secretary Corm G134 • t /�/. .1. ,.•Locations Eautorly aide of new building line to be at least 20 feet from '0' ' present iasterly property line of-Charles u. King. North side of new building' to be located at leaot 20 feet south of .and parallel to northerly line of present building. ' 2. Prevent oign munt be relocated to conform to five foot setback from all property lines, if present location is in violation of Ordinance as amended. 3. No' major repair work' shall be performed in the open. I.. Pumps, lubricating and other devices shall be located at least fifteen (15) feet from the lino of any street or highway, right of may or property, line. g. All fuel or similar aubstanoes shall be stored at least fifteen (15) foot distance from any otrent or lot line. 6. No automobiles, or automobile parte, dirnantlod or damaged vehicles and similar articles, than be stored in the open and no parking of vehicles, other than those being serviced, shall be permitted. 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' ' '..i.vr..,:. ..t.7:.;,•A•'' ,"-•'-ikil't.''''L.'.1f.,!,;•--.‘-'="4"-5=0,t--'.-•:-72,1',".1/-1--,,,,l''''''' '2.' -'-'-''' '' - ,-,,,,,....,:.1.,,„,?'f.,...=•.7.....,..,....; ,,,,,,, ,,;;„-•• .. .,,,,....ts ,., .,__T ":"....1.,',•=1,..."7",L,"'"'"••.?4,'''.. .7:"..k.,=..•,,,. ^.4.-1.7....%rilallan:::"C!". ' " 1.67.11:-.2.1,4%-.4-t....:0+• ' '"".=•"u"''''L===",.....p..4%4 .... „'-: , ,....k, , ' .. •••- .:-.....,-;••,..,-. - .... .. ...»....,....,.•=•'' ----.7'.:41°:-..-,,,`=,•, - : IZ;:.'''''.t'--,:..•:X''' - - •-• " ''. ....... .2 ///. - .' '''. •-s- ,:....' '.f77....... 6, .......__, 2 '-*'': /--.• 7..'- --';,- '''''-11.;.-47:77:-.1).'/17- 1-1•,,'N,ii77.:,.,i'-- - " • .- -"- . _ •,-, -......,..„..0 - _ 7: ' ;... ".-.'.-,...4--"----,,,,..-- ; '"-,''.,.- ':'... -•.'2,4,;••••••,-....,,..,.'AU. . ; ,.,.. ...,' . , -.,.;-4./. ',../''''.,41, • .'.,. -,- :-;;5-41- 1, e7 .-4,/ ••• •••"-..-'.7,/."-- til . 4 • . . , -• ,, ,-.„ '--- :7-‘4 • ./.., . .` ..,.. •< •• .....„ .. , •,/fee*" ... , - •.-a..s. ,J.. --,- - 4,..., ., . - . - . . . , . . , • , . , , , . • .., , . < G et---d--?4 //,Cj�i�.2' .ice" _ Ci ��"71:;%'•"ell')/7"P Jam, V Gae- hrZ 1;-,---72. , 7.,-4,-.1.,.....67 .Y...-e(' ,_i/ - -_,.,:.. :xl ----... -cfr—,•,7 /-J Cys �,- / / //1--5Y c � 1/7.Z...--4_, a /5-'4:: i,"%-•'y?�,-J `-_?) . L HARVEY A. ARNOFF Attorney At Law 206 Roanoke Avenue,P.O.Box 329,Riverhead,NY 11901-2794 Harvey A. Arnoff (516)727-3904 Paul K. Siepmann NY&MI Fax No.(516)727-3940 Paralegal Colleen Grattan-Arnoff September 7, 1999 Town of Southold Zoning Board of Appeals Town Hall Southold, NY 11971 Attention: Linda RE : Ali Yuzbasioglu (Schroeder Property) #4582 Dear Linda: Enclosed please find two checks from our client totalling $150 . 00 for the updated fees for the EAF review. Very tru - ours, • HARVEY A. ARNOF: HAA:kp Enc . \ HARVEY A. ARNOFF Attorney At Law 206 Roanoke Avenue,P.O.Box 329,Riverhead,NY 11901-2794 Harvey A. Arnoff (516) (516)727-3904 Paul K. Siepmann NY&MI No;(516)_727-3940 Paralegal June 23 , 19 9 9�9 41711-11 . Colleen Grattan-ArnoffIiI j %� % /`•:�� �� �_� uN 2 1999 /1/1 i Zoning Board of Appeals _ � 53095 Main Road Southold, New York 11971 Attention: Linda Re: Application of Ali Yuzbasioglu # 4582 Dear Linda: Enclosed please find completed Part I Project Information relative to the application of Ali Yuzbasioglu. If there is any additional information you require, please do not hesitate to contact the undersigned. Thank you for your courteous attention. Very truly yours, HARVEY A. AR •FF HAA:rd l/ Enclosures iir _j_ Lsuve-`1 UN2419 PART 1-.-PROJECT INFORMATItrn 99 Prepared by Project Sponsor C NOTICE: This document is deigned to assist in determining whether the action,proposed may e a-sj ificant e.4t on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be tansid- ed as part of the application for approval and may be subject to further verification and public review. Provide any additi•nal information you believe will to needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not in -1Ye new studies,research or investigation. If information requiring such additional work is unavailable,so indicate and s• ;cify each instance. NAME OF ACTION LOCATION OF ACTION(Include S 4 Mame.Munblpalny sett County) -' G• ! 4380 Main Road, Rte. 25, East Marion, Suffolk County, New York USI _ f NAME of APPLICANT/SPONSOR SLIMNESS TELEPi4ONE Ali Yuzbasioglu ______!...5..1.13.__-3A.9—q.900 - ) ACIDNESS f 120 Old Main Road 1 l w CITY/POSTATE ZIP CODE Mattituck NY 11952 NAME OF OWNER(I1 41112rent) eUSINE. TELEPHONE I i i .3 t- a roe i. ae ?, e4 4. eV. d IN r. an er. (97 i I , ,e, ACIDNESS? .0 . ' o '( -PJ q( _ I. . CrrinPO STATE ZIP CODE ' a S-�- i1/l a, r il -, At . /Y. /lei$? ' DESCRIPTION OF AGTION a I yet __. . Please Complete Each Questien—Indicate N.A. if not applicable A. Site Description Physical setting of overall pr,flect• both developed and u developed areas. 1. Present land use: OUri:ian Olndustrial (7Commercial °Residential(suburban) DRural(non "arm) Oforest DAgriculture. °Other .. • 2. Total acreage of project area: 1 `��i acres. APPROXIMATE ACREA':;E PRESENTLY AFTER COMPLETI; N P Meadow or erushland (•.ior,•agricultural) iV X� acres a es ti! ; Forested 4- acres a es Agricultural (includes orchards. cropland, pasture, ete_) ,44 ht acres a es t Wetland (Freshwater or tidal as }ler Afiidai 24. 25 of CCU !/ '/ acres arras Water Surface Area .4 gr acres a. es Unvegetated(Rock, earth or fill) acres _ a.res Roads, buildings and al her paved surfaces acres a.. es / . Other (Indicate type)._, 4 . acres •.res . 3. What is predominant soil.t . 4 } YF+e(i) on project site. , 7 : a. Soil drainage- O'Nell drained /et) % of site OModerately well drained__,__ % or site ' ) O_Poorly drained % of site b. if any agricultural land is involved,how many aires of sell are classified within soil group 1 through 4 of t - NY' Land Classification System' /,,tel . acres. (See 1 NYCRR 370). i 4. Are there bedrock outcroppings on project si et DYes letms a. What is depth to bel,irockt (in feet) 2 N -'' - 5. Approximate percentage of proposed project site with slopes: 09-10% _..1.4.___- ' % 010.15% % 1015% or greater % 6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the National Registers of Historic Places? ❑Yes .tigNo 1 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? ❑YesNo . 8. What is the depth of the water table? ..11. 9 (in feet) 9. Is site located over a primary, principal, or sole source aquifer? ❑Yes %No ii. 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? ❑Yes 'No 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? 1-1 ❑Yes RI•lo According to Identify each species 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations) ❑Yes yi,'No Describe 13: Is the project site presently used by the community or neighborhood as an open space or recreation area? ❑Yes t6lo If yes, explain14. Does the present site include scenic views known to be important to the community? ❑Yes %No 15. Streams within or contiguous toprojectarea: 1 i a. Name of Stream and name of River to which it is tributary ri 0 W 'e. u 16. Lakes, ponds, wetland areas within or contiguous to project area: a. Name ii 4 /11 e, b. Size (In acres) 17. Is the site served by existing public utilities? %Yes ❑No I .a) If Yes, does sufficient capacity exist to allow connection? ,'Yes CNo b) If Yes, will improvements be necessary to allow connection? ❑Yes • XNo 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, If Section 303 and 304? ❑Yes XNo 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL. and 6 NYCRR 617? DYes .XNo L.- . 20. Has the site ever been used for the disposal of solid or hazardous wastes? ❑Yes %No B. Project Description . 1. Physical dimensions and scale of project (fill in dimensions as appropriate) , a. Total contiguous acreage owned or oritrolled by project sponsor acres. b. Project acreage to be developed: = — acres initially; acres ultimately 1._:‘ c. Project acreage to remain undeveloped 9 _ acres. d. Length of project, in miles: (If appropriate) � i e. If the project is an expansion, indicate percent of expansion proposed 0 %, - f. Number of off-street parking spaces existing 10 ; proposed g. Maximum vehicular trips generated per hour 0 (upon completion of project)? 1 h. If residential: Number and type of housing units: One Family Two Family Multiple Family Condominium Initially — I Ultimately i. Dimensions (in feet) of largest proposed structure 'Q height; _22____width; length. j. Linear feet of frontage along a public thoroughfare project will occupy is? (3t5 ft. I • 3 sl ' i . • r 1 ' f• 1 ' 2. How much natural material I L.e.;:mak, earth etc.)will be remo from the siL- tons/cubic yards 3. Will disturbed areas be reclaimed? s ONo C�NIA � 1 Wes a. if yes, for what intens.._ purpose is the site being reclaimed? w b. Will topsoil be stockpiled for reclamation? OYes r' 'a c. Will upper subsoi, be stockpiled for reclamation? OYesNo 4. How many acres of vegetation (trees, shrubs, ground covers)will be removed from site? t. —acres ' 5. Will any mature est(over•100 years old)or other locally-important vegetation be removed by this project? i ❑Yes f o 6. It single phase project Anti(ipated period of construction - I .months. (including demolition). . 7. If multi-phased: ! a. Total number of phases.anticipated J ..(number). b. Anticipated daze of cor'imencement phase 1 /�s month year, (including demolition c. Approximate completio t date of final phase. month year. , i d. is phase 1 functionally 'dependent on subsequent p�has ? ONo i 8. Will blasting occur during c instruction? DYes l f o • 9. Number of jobs generated: during construction 6 T..-; after project is complete 10. Number of jobs eliminated by this project h ' / i 11. Will protect require relocajon of any project or facilities? OYes CENo if yes, explain 12. Is surface liquid waste disposal involved? Oyes El7(o • a. If yes, indicate type at waste (sewage, industrial. etc.) and amount 0 ;• i b. Name of water body it to which effluent will be discharged I E , 13. Is subsurface liquid waste disposal involved? OYes ' o Type 14. Will surface area of an ex sting water body increase or decrease by proposal? ©Yes o • ; , Explant — , 15. is project or any portion of project located in a 100 year d plain? ❑Yes t o 16. Will the project generate :olid waste? °Yes a 1 a. If yes, what is the amc,unt pet month 4 4- tons _ "_ b. if yes, will an existing :mild waste facility be used? -c=•j o 1 c. If yes, give name , ; location - ' d. Will any wastes not gcinto a sewage disposal system or into a sanitary landfill? ❑YesNo2 • e. If Yes. explain _ • �� 17. Will the project involve tine disposal of solid waste? °Yes [tdNo a. If yes, what is the anticipated rate of disposal? 41, 1 tons/month. b. If yes, what is the ant cipated site life? __-f year- 18. Will project use herbatide,l or pesticides? ❑Yeso 19. Will project routinely pro;luce odors(more than one hour per day)? OYesl� iot i 20. Will project produce opei ating noise exceeding the local ambient not levels? QYes 21. Will project result in an i•terease in energy use? ' OYes '• 'Ego • If yes , indicate typets) 1. . • 22. If water supply is from w mils, indicate pumping capacity /Vie gallons/minute. 23. Total anticipated water "sage per.day ,_gallons/day. 24. Does project Involve Lee al..State or-Federal fliitdingl----(DYes ' 'Me • . . _ If Yes, explain • .,. :, s`L.: --••••••• ••• :` 4 .. i ` �t Lir .«' 'k ;•""c• 4, i 1 Ili iULll1I N AC�GOUNTING P.5/5 I 4 1 i % 25, Approvals Required; 511bnuttil Type Dale , ,,y Y'Y City, Town. Village Board ©Yes OWo i, C gird OYes ❑No . a City. Town. Village Planning City, Town Zoning Board rJY ❑No City,Cowaity Health Departifilll'I "°Iia ONo r • ....:.,' `4i: ,;,,.,,,=.:',,.. 44.s-i>•- ;.„ ❑Yes O No _,; .----- - __.----- A____..----t-,4:••••v,'"4-r' • • . .. . .7..4.- •••"i;••V ••:•-..F r:' , ..; • . ;:le 4:4,4.:•:,-,-.•; ,-. . ,. .., . 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'tartlet'of thil sure*meg not baulk: tend ti Inknd seol or Surtikalocl Nov. 19, 1980 . • +.c. , • 62'c*' l• tt V + 0\• . -.••oi • - .1-f,• 1•„„A.,.. 4.!• . %re., tit:used seal shall not be considered .13./ ,, 4. A 1.;*::, ..ia . c. .• . -:-.*?,..,•.-.. .-t t., . • -• Cyl be e valid Into oc9y. eocE, . cier. VAN TriNet--,P. • 8 .',g, 4 • 'Z4.-?1.-,3.•:' •'•,• .. Guarantees Intbosted heaven shell run ' •es."-- A #.- r- -3,i " t Ag- , ..:. -. !.•• . . • . . -... • .. iiZ •.:' ...., . .014 to the pinion for whwn the sunray ,—,.... 1.,.. . 1..,..v,.... .... " . . is preoussLand oft his bettah to the .,...`,..._..-_ . .--.. —• •- —• : CI y• -•••• - qj . , • • • - • ' Mit commits.gevornmentol scam and `3i• q CS itt'll'ik4 . , .4. .. '*:t, i• -:iaAL Sulfa&Caffrey:Tax Mak Oesircrtions lenchns Inititution listed horoon and Licengsed Larici SUP1MtcreS ,st 2 / ,;144'-',Itffir7 • •to the migrates of the longing ksal- ... eo 07-t-: LAND . Ors+.•1000, Sec-f: 035, 8114 5' Fl.4. • , union.Guarantees are not transferable c=ree i-.• New York _-- , ...-... - .„•,,, „.: • 1.additional institutions or subsequent . - • • • IS •'... • .-• - ' 7:3•Wt•-.P.,:-.''' '' -•tr.:.,•g.„-. -,,.::,..f.r..t,,,.•• • , .. . - ,0.6 ' '' " • • . ' . • . • • . APPEALS BOARD MEMBERS',,-. oil`1��� OO' = ` �i Southold Town Hall Gerard P. Goehringer, Chairman ��,s � � 0� • 53095 Main Road ® P.O. Box 1179 James Dinizio,Jr. ` � � �� L=� ` � Lydia A. Tortora ;� ��` Southold, New York 11971 `'```% �� ZBA Fax(516)765-9064 Lora S. Collins � �3 � ®Q � George Horning 474EETelephone(516)765-1809 .... So' BOARD OF APPEALS TOWN OF SOUTHOLD September 7, 1999 Fax Transmission Harvey A. Arnoff, Esq. 206 Roanoke Avenue P.O. Box 329 Riverhead, NY 11901 Re: Appl. No. 4582 - A. Yuzbasioglu (Schroeder Property) Dear We have just received, by fax, a written confirmation from Nelson, Pople & Voorhis, L.L.C. that there fee is $550 (instead of $500). Therefore the amount due is $150. The services to be provided are: field inspection of the subject site; review and correct Part I Full LEAF, Complete Part II EAF, and analysis in the form of a Part III EAF considering impacts identified in Part II, with narrative of magnitude of impact, significance and available mitigation. oar Very truly yours, , r f ERARD P. GOEHRING' CHAIRMAN SEP-07-1999 10:34 51b 4d:-., 1 ( t'.e /1O2 , :_Z::::::_': ',7,- r1.7 -_ NELSON, PC:..-JA & VOORHIS, LLC • N V I p O N M 0 N T A I. • p 1. ANNING CCDNEULTINCI :: -1---. _ ^t,.'- _ ., CHARLES J VOORHIS,CEP,AICP a ARTHUR J KOERBER,PE .VINCENT Q DONNELLY.RE. •VICTOR BERT,PE •JOSEPH R EPIPANIA,RE•ROBERT O NELSON,JR,PE - . •CHRISTOPHER W.ROBINSON,RE. k�' I/7) , . September 7, 1999 j ' Gerard P. Goehringer 1 . ( 1 €_ "�' 'Board of Appeals Town of Southold ; 1 U S` . 11999 Ii-73/1 r,, Southold Town Halliain) ;" 1 •53095 Maui Road --....:__________� f 1 P.O. Box 1179 , Southold, New York 11971 ' �� • .Re. • SEQRA Cost Proposal • ' Town Review and Part III . Schroeder Project 'Dear Gerry: • •' As per your request, included herein•is'a'proposal for services in connection with the above referenced project. The services proposed are outlined as follows: • Field inspection of subject site . ' ' • . Review and correct Part I Full Environmental Assessntent•Form(EAF) • Complete Part It EAF • • Prepare analysis in the form'of a Part,Ill EAF which includes'consideration of impacts identified in EAF Part II,,with narrative of magnitude,of impact;.significancc and available mitigation, The cost of these'services is.$550,00. . It is expected that once complete, the Board of Appeals will utilize the,prepared•information as a basis for either a positive or a negative declaration. Please forward any plans, background and submission documents which area available, and we will commence this project immediately. We-expect'to,. complete the described services within approximately 2-3 weeks of authorization or will meet your needs'for an appropriate schedule. We are very pleased' to be able to assist the Board' of Appeals with this project, and I look forward to working with you. ' . . . ' , Please feel free to call if you have any questions: , • ' Very truly yours, NELs•-• , ' ,, . -4 VoORHIs, LLC ' , les J. Voorhis, CEP, AICP 872•WALT:WHITMAN ROAD, MELVILLE,•NY 11747.8'1 8B • ' C51 Bl.427.06015 • FAX cs1 al 427.6620 TOTAL P.02 l\ _ I,.iii�_�• at, APPEALS BOARD MEMBERS ' - i�����FFO( , •'�®�®S`. h• 00 -\ Southold Town Hall Gerard P. Goehringer, Chairmanti �� 53095 Main Road James Dinizio,Jr P.O. Box 1179 Lydia A. Tortora t, pp, t Southold,New York 11971 Lora S. Collins N 1ZBA Fax 516 ( ) 765-9064 _ •., :::. .� ®� �� George Horning =.� 1 � d� Telephone(516)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD September 3, 1999 Fax and Regular Mail Transmissions Harvey A. Arnoff, Esq. 206 Roanoke Avenue P.O. Box 329 Riverhead, NY 11901 Re:, Appl. No. 4582 - A. Yuzbasioglu (Schroeder Property) Dear Mr. Arnoff: " The current review fee with respect to the Long Environmental Assessment form is $500, instead of last year's fee of $400. Would you please send an additional $100 check in payment of that review. The fee for completion of Part III is a separate additional charge., We are awaiting his cost proposal for these remaining steps. Very truly yours,40.0 4 GERARD P. GOEHRINGER CHAIRMAN cc: ZBA Members - ., HARVEY A. ARNOFF Attorney At Law 206 Roanoke Avenue,P.O.Box 329,Riverhead,NY 11901-2794 Harvey A. Arnoff (516)727-3904 Paul K. Siepmann NY&MI Fax No.(516)727-3940 Paralegal August 20, 1999 Colleen Grattan-Arnoff Mr. Gerard P. Goehringer Southold Town Board of Appeals 53095 Main Road Southold, New York 11971 RE: Appy No. 4582 -A. Yuzbasioglu (Schroeder Property) Dear Mr. Goehringer: Pursuant to your letter of August 11, 1999 regarding the above-captioned matter, enclosed please find my client's check in the amount of$400.00. Kindly commence your review with respect to the LEAF and Part III. If you should require any further information, please do not hesitate to contact the undersigned. Very truly yours, ary y A , off Enc irre cc: Mr. Ali Yuzbasioglu , ,' .�.� APPEALS BOARD MEMBERS • - •i" OFFOUr .‘, .:3) C® - Southold Town Hall Gerard P. Goehringer, Chairman 1..Z „k fi` ''.., '1,, ��‘� 53095 Main Road James Dinizio, Jr. y ,` y . ;.c P.O. Box 1179 Lydia A.Tortora % v- . p•, 1 Southold, New York 11971 Lora S. Collins r' p�tt�, ZBA Fax(516) 765-9064 George Horning =.®1 s.0b,,i1� Telephone (516)765-1809 ,�,,� BOARD OF APPEALS TOWN OF SOUTHOLD August 27, 1999 Mr. Charles Voorhis 572 Walt Whitman Road Melville, NY 11746 Re: SEQRA Cost Proposal (Town Review & Part III) Dear ( erhis: We weren't sure of your location and were hoping this letter reached you. Would you be able to send us a cost proposal regarding reviews of LEAF and other steps which may follow on projects. The last proposal shows that review of a LEAF would have been $400 (recently received from an applicant on a current project that your assistance would be needed for (Schroeder). We look forward to hearing from you. Thank you. Sincerely yours, r iERAI�D P. GOEHRINGER CHAIRMAN by Linda Kowalski c t_� ,, ,/�v.� ocia-ar:,..0 i;' C--6-e-1` x-00 ia ..4c-r,i v-i••-)i- A - c-d.,Lit-�- -1- 0-s-- 4( �-,, i , 4l MEMORANDUM TO: Greg Yakaboski, Town Attorney FROM: Jerry Goehringer, ZBA Chairman DATE. August 13, 1999 SUBJ: Request for Gas Station (Claim of Non-Conforming Use in R-40 Zone) As you requested, we enclose copies from our pending file with respect to Robert Schroeder's site at East Marion (former gas station and repair garage) Also included are copies of the written hearing record with testimony from the applicant and his attorney, and opposition from neighbors in the vicinity, by their attorney. . At this time, we are awaiting payment of the SEQRA fee from the applicant for the Town's Environmental Consultant's LEAF review. Thank you. APPEALS BOARD MEMBERS "SVFFO(/- ®�O k� $ CD - Southold Town Hall ek' Gerard P. Goehringer, Chairman t � ? ,� ��; 53095 Main Road 1,41.* '� P.O. Box 1179 James Dinizio,Jr. ' « s +f Lydia A.Tortora . w � ,r Southold, New York 11971 Lora S. Collins ���, ZBA Fax(516)765-9064 George Horning = �1 ��Od�� Telephone (516) 765-1809 -„ 0- BOARD OF APPEALS TOWN OF SOUTHOLD August 11, 1999 Harvey A. Arnoff, Esq. 206 Roanoke Avenue P.O. Box 329 Riverhead, NY 11901 Re: Appl. No. 4582 - A. Yuzbasioglu (Schroeder Property) Dear Mr. Arnoff: Under the State's Environmental Review procedures, the next step is for a review and recommendations of the applicant's Long Environmental Assessment Form. Please forward a $400 check to cover the review at this time. Upon receipt of same, the review will be commenced with respect to the LEAF and Part III. Thank you. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN /ii r - C� � ANTHONY B. TOHILL, C. 'i �� 7(0 013, 12 FIRST STREET P.O. BOA io30 ' ® RIVERHEAD, NY 11901 1` 1-1.1I3 2 21999 i II LETTER L., TELEPHONE 516-727-8383 "-- ate..._ a`_`.�.9 - 91I To _ ... «f`_.s'." Subject_Q... t,td LIM, II"? Z 611- -5 0' s vv&e,--h,. `)-o-v4 9(7-Fig& 0 atrikejtin, f . Y667— lY a^-y &CR). 9 l 197I IMANNfvgy, CM if f99 r r .64 vv_e kv,_,N..,.„. ,k_4_,x. . Lie ir C14. .a.j.. ..Ctit 6N''' /. 1.1 SIGNED i --- _ ❑ Please reply 111 No reply necessary -,,,,,,, ,„,r,,,,,,,,..:,:„. `:ir ' x,„`:.,Y.''i,r ?VzxFr , „ Yr2 ,Rv 4xI:` cY , ,A; r1 µµ A IR .::tr, •, ;`.3:iiix'::>ias.;.3r `;:i..:r:.,`:;..,i>?3`Y:Wr.`ti?>2ft 4.4xi.l`.�••'w"`.,`ra`�'tis`SirO From the desk of: Linda Kowalski 47/36/7 Town Hall Ext 224,225 OF L�i4-F (e.,67- ..c,J . 2 Ri(-„/„.,,,,,,o_4D ____. p 0 ______, • `•�,,,vv vv�,"`v,`,,`vv,�Y,YYY`���Y:rYYi`i�`vY`.YY,Y�xxv•vv„v,• �Y;.t,`�; � „a {�2t:„a?,:,,•,.'y�2�tziiz�iz�,�,,,,vY��iµ���:N.��,�� ,Y`z 2 w„t`t`.Ct,t.`''`\`,.`t.\`.Y,\,1 YYY'$:. ` t s�” {i..••t,,z:`'`'Y`x;Y p•t��,`;:z Y r�iiYi,rip.e .. i:?I m ,;rz2.: r y�,{ .,CAxvx,Y�Y„vv..Y,�,Y,,.,v,�. ,iY",vv'v„\` 12 C PART 1—PROJECT INFORMATION f Prepared by Project Sponsor 1 NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered as part of the application for approval and may be subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance. NAME OF ACTION + LOCATION OF ACTION(Include Street Address,Municipality and County) 1 NAME OF APPLICANTISPONSO_R ' BUSINESS TELEPHONE It ( ) i ADDRESS I T CITYIPO STATE ZIP CODE t NAME OF OWNER(If different) BUSINESS TELEPHONE ( ) ADDRESS 1. CITYIPO STATE ZIP CODE t. DESCRIPTION OF ACTION , It Please Complete Each Question—Indicate N.A. if not applicable A. Site Description , Physical setting of overall project, both developed and undeveloped areas 1 Present land use: ❑Urban ❑Industrial ❑Commercial ❑Residential(suburban) CRural (non-farm) �{ OForest ❑Agriculture ❑Other 7) 2 Total acreage of project area: acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION c Meadow or Brushland (Nor,-agricultural) acres acres ` Forested acres acres Agricultural (includes orchards, cropland, pasture, etc.) acres acres S Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) acres acres jI Water Surface Area acres acres Unvegetated (Rock, earth or fill) acres acres Roads, buildings and other paved surfaces acres - acres Other (Indicate type) acres acres 3. What is predominant soil type(s) on project site? a Soil drainage: ❑Well drained % of site ❑Moderately well drained `-% of site ❑_Poorly drained % of site . b. If any agricultural land is involved, now many acres of soil are classified within soil group 1 through 4 of the NYS Land Classification System? acres. (See 1 NYCRR 370). 1 4. Are there bedrock outcroppings-on project site?- - DYes: ONo - - - ..a. What is depth to bedrock? (in feet), • . ,. - - ... - , . • - 2 5. Approximate percentage of proposed project site with slopes: 00-10% % 010-15% % , ii 015% or greater % 1. i ; 6. Is project substantially contiguous to, or contain a building, site,_,or district, listed on the State or the National Registers of Historic Places? - ❑Yes ONo 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? ❑Yes ❑No 1 . 8. What is the depth'of the water table? (in feet) ' 9. Is site located over a primary, principal, or sole source aquifer? ,❑Yes ONo. 1.i 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? ❑Yes ONo 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? 1--1 ❑Yes ONo According to Identify each species 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations) i. ❑Yes ONo Describe 13: Is the project site presently used by the community or neighborhood as an open space or recreation area? ❑Yes ONo If yes, explain 14. Does the present site include scenic views known to be important to the community? ❑Yes ❑No 15. Streams within or contiguous to project area: - ' j ,_ _ a.,Name.of.Stream_and name of...River to which,.it is.tributary; -._ 11 16. Lakes, ponds, wetland areas within or contiguous to project area: - • a. Name b. Size,(In acres) . 17. Is the site served by existing public utilities? ❑Yes ONo .a) If Yes, does sufficient capacity exist to allow connection? ❑Yes ONo b) If Yes, will improvements be necessary to allow connection? ❑Yes ONo 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law,•Article'25-AA, 1 Section 303 and 304? ❑Yes ONo 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article'8 ' of the ECL, and 6 NYCRR 617? ❑Yes ❑No L"-. 20. Has the site ever been used for the disposal of solid or hazardous wastes? ❑Yes ❑No i . B. Project Description . __ ' _- ___-- - ' _ --------------- -- e: . _ , .4_ _ ,i --, 1 Physical dimensions and scale of project (fill in dimensions as appropriate) ' a Total contiguous acreage owned or controlled by project sponsor acres b Project acreage to be developed:' - 'acres initially, acres ultimately Li- c. Project acreage to remain undeveloped acres. d Length of project, in miles- (If appropriate) iI e. If the project is an expansion, indicate percent of expansion proposed %, _ f. Number of off-street parking spaces,existing• ,_proposed 2.• . _ g. Maximum vehicular trips generated per hour (upon completion of project)? 1 .' ', r �,,..1 j. _ ye I.ri_ •- .. ' 1••Y'� � ��r�A ` h. If residential: Number and type of housing units: -__ __. _.,..___,_• _. One'Family ------Two-Family'-"-" `---�Mul,tiple--Family------ 'Condominium` Initially =}; •.;,. ,,:i 1"t• _ , -,t;:,,':-,:..1 :r,"II P+11",.lit _ •7ii of, . „T?,)c )<vi... •i ;';',/,. . Lii Ultimately t:.. �,.ae , t,:-_ , `, - ,i.'Dimensions (in feet)_of largest proposedfstructu ej ,-�j}I�eigh�t;_� _width. • „v ,,ength.,t - r;rf�: • ,t; , J j.•Linear feet of frontage along a,public thoroughfare project will occupy is? ft• t„sit; w, . r. f,; _. 3 t; i 2. How much natural material (i.e., rock, earth, etc.) will be removed from the site? - tons/cubic yards' 3. Will disturbed areas be reclaimed? ❑Yes ONo ON/A _1 a. If yes, for what intend.. purpose is the-site being reclaimed? ' b. Will topsoil be stockpiled for reclamation? ❑Yes ONo c. Will upper subsoil be stockpiled for reclamation? OYes ONo 1 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? acres 1 5. Will any mature forest (over 100`years old) or other locally-important vegetation'be removed by'this project? ❑Yes ONo 6. If single phase project: Anticipated period of construction months, (including demolition). , 7. If multi-phased: I a. Total number of phases anticipated (number). I b. Anticipated date of commencement phase 1 month year, (including demolition). c. Approximate completion date of final phase month year. d. Is phase 1 functionally dependent on subsequent phases? ❑Yes ONo 8. Will blasting occur during construction? ❑Yes ONo 9. Number of jobs generated: during construction ; after project is complete 10. Number of jobs eliminated by this project 11. Will project require relocation of any projects or facilities? ❑Yes ONo If yes, explain 12. Is surface liquid waste disposal involved? ❑Yes 'ONo- ' ' a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into'which effluent will be discharged' - l 13. Is subsurface liquid waste disposal involved? ❑Yes ONo Type • . 14. Will surface area of an existing water body increase or decrease by proposal? ❑Yes ONo Explain 15. Is project or any portion of project located in a 100 year flood plain? ❑Yes ONo 16. Will the project generate solid waste? ❑Yes ONo a If yes, what is the amount per month tons - b If yes, will an existing solid waste facility be used? ❑Yes ONo ,Q c. If yes, give name ; location d Will any wastes not go into a sewage disposal system or into a sanitary landfill? ❑Yes ❑No e. If Yes, explain - •• . c • 17. Will the project involve the disposal of solid waste? ❑Yes ONo a. If yes, what is the anticipated rate of disposal? tons/month. j b. If yes, what is the anticipated site life? years. It 18. Will project use herbicides or pesticides? ❑Yes ONo 19. Will project routinely produce odors (more than one-hour per day)? OYes ONo 20. Will project produce operating noise exceeding the local ambient noise levels? ❑Yes ONo 21. Will project result in an increase in energy user . `❑Yes----- ONo If yes , indicate type(s) :, „„:;t-,__ 1. - 22. If water supply is from wells, indicate pumping capacity gallons/minute. _ 23. Total anticipated.water.usage-per-day. gallons/day.—--�• ---•'- ----------- 24. Does project inv,olve•Local,_State or4ederal`'fundiri'g?-•---:= i • , 25. Approvals Required: Submittal Type Date f. • City, Town, Viliage Board ❑Yes ONo City, Town, Village Planning Board ❑Yes ONo City, Town Zoning Board ❑Yes ONo City, County Health Department -❑Yes ONo er y Other Local Agencies ❑Yes ONo l i Other Regional Agencies ❑Yes ONo State Agencies ❑Yes ONo ! Federal Agencies OYes ONo C. Zoning and Planning Information 1. 1 Does proposed action involve a planning or zoning decision? ❑Yes Ohio If Yes, indicate decision required: ❑zoning amendment ❑zoning variance Ospecial use permit ❑subdivision Osite plan ❑new/revision of master plan ❑resource management plan ❑other 2 What is the zoning classification(s)of the site? 3 What is the maximum potential development of the site if developed as permitted by the present zoning? i . 4 What is the proposed zoning of the site? 5 What is the maximum potential development of the site if developed as permitted by the proposed zoning? 6 Is the proposed action consistent-with the recommended uses in adopted local land use plans? ❑Yes ❑No L - 7. What are the predominant land use(s) and zoning classifications within a 1A mile radius of proposed action?' 1 8 Is the proposed action compatible with adjoining/surrounding land uses within a % mile? Oyes ONo 9 If the proposed action is the subdivision of land, how many lots are proposed? a. What is the minimum lot size proposed? L.; 10 Will proposed action require any authorization(s) for the formation of sewer or water districts? ❑Yes ONo 11 Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection)? ❑Yes ONo - a. If yes, is existing capacity sufficient to handle projected demand? ❑Yes ONo 12 Will the proposed action result in the generation of traffic significantly above present levels? ❑Yes ONo Li' a. If yes, is the existing road network adequate to handle the additional traffic? CYes ❑No D. Informational Details 1 Attach any additional information as may be needed to clarify your project. If there are or may be any adverse i impacts associated with your proposal, please discuss such impacts and the_measures which you propose to mitigate or avoid them. l ' E. Verification - I certify that the information provided above is true to the best of my knowledge. - Applicant/Sponsor Name Date t I Signature Title i If;the action is in the Coastal Area;and you are a state agency,complete the Coastal Assessment Form before proceeding ! with this assessment. """ "" 5 f3 APPEALS BOARD MEMBERS S�FFO(� ; 0 CD - Southold Town Hall Gerard P. Goehringer, Chairman ��•_. G( 53095 Main Road o - P.O. Box 1179 James Dinizio,Jr. Lydia A.Tortora ; Southold,New York 11971 Lora S. Collins d �����, ZBA Fax(516)765-9064 George Horning _ Cl 41, .0.0 0i Telephone(516)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD November 30, 1998 Harvey A. Arnoff, Esq. 206 Roanoke Avenue Riverhead, NY 11901 Re: Appl. No. 4582 — R. Schroeder Property (1000-35-5-4) Dear Mr. Arnoff: The Board has requested submission of an Environmental Assessment Form under the New York State Environmental Quality Review Act. Thank you for submitting the copies of receipts. The Board is presently reviewing them. Very truly yours, 7 I GERARD P. GOEHRINGER CHAIRMAN I v Page 77 - Hearing Lnscripts ' September 24, 1998 - Board of Appeals 10:15 P.M. - Appl. No. 4582 - ALI YUKBASIOGLU. Contract Vendee: Soonok Kim; current owners: ROBERT and ETHEL SCHROEDER. Applicant is requesting an Interpretation to reverse Building Inspector's April 1, 1998, Notice of Disapproval in which applicant applied to use premises as an automobile service station with gas pumps. The Building Inspector disapproved the subject application under Article XXIV, Section 100-241-G for the reason that the proposed use is a discontinued nonconforming use in this R-40 Low Density Residential District and is therefore no longer permitted unless a variance is granted by the Board of Appeals. Location of Property: 4380 Route 25, Greenport, near East Marion; 1000-35-5-4. CHAIRMAN GOEHRINGER: I have a copy of a survey indicating the present location of the gas station which we are all well aware of, OK, it's been there for many years, and as being shown as first as one story frame gas station. And I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Mr. Arnoff, how are you tonight? HARVEY ARNOFF, Esq: Good evening Mr. Chairman, tired but - CHAIRMAN GOEHRINGER: So am I Sir. MR. ARNOFF: Before I start I think it's interesting to note that this business has been there for probably longer than most businesses in the Town of Southold. We have photographic records which I am going to hand up two copies, which by the vintage of the automobiles dated somewhere in the early thirties or early forties, the Schroeders seem to think it's about 60 years ago. I just want to offer these two photographs up. It shows the vintage of the automobiles, dressed people. I didn't take those, they predate my existence, there isn't much that predates my existence anymore, except for Mr. Tohill (joking), but there are people - CHAIRMAN GOEHRINGER: Mr. who, Tohill? MR. ARNOFF: I thought the Board would find that somewhat interesting. Just by way of history, I think it's important for the record to note that this, that the Town who was then Building Inspector Fisher, on July 17, 1981, did issue a Certificate of Occupancy, a document called a Certificate of- Occupancy which was really a Certificate of Preexisting Nonconforming Use- just as a public garage and (inaudible) . I represent, I'm here on behalf of the owners but also on behalf of the contract vendee whose name believe it or not is pronounced Yukbashul, Ali Yukbashul and who wants to run it as a gas station. Mr. Schroeder who is here and is prepared to testify, and I will have him come up and go through some litany with you in regard to history of this property. Has owned this property since I believe 1980 or 81 at or about the time of the issuance of this certificate. He has run this gas station continuously since that date, and it is our position that the Building Inspector was wrong. Page 78 - Hearing Transcripts September 24, 1998 - Board of Appeals The Building Inspector made no inquiry or knowledge regard to the existence of this business and it's interesting also to note that our Town Code is silent as to what i required to establish whether a business is a business. In other words, if you were open one day a month, are you running a business? If you're open one hour a month, are you running a business? There is no definition to my knowledge in our Town Code which sets forth what you have to do as far as hours of operation. So, we don't have anything as obtuse as once a month, we don't have anything as obtuse as once a year. Mr. Schroeder has gas records and petroleum records for this property dating back continuously, and we have a stack of them for you tonight here some with him, which the Board is certainly free to go through indicating records up through and including this yearwhere petroleum products are being dispensed from this property. That wasn't until recent where there were were other ground tanks. I know that somewhere in the file in this Town there was an application made or pending to update the station, and Mr. Schroeder found it economically not feasible to do that, but when faced with the removal of the DEC, the DEC requirment for the removal of the tanks, hasn't conformed with that so what he did was, he took the tanks out. But, he didn't just stop there. He didn't have the money to put the tanks under ground, so he put the tanks above ground. Now we have an individual here who has frequently bought gas from gas and other petroleum products from Mr. Schroeder's Joseph Angevine from Greenport who is here, who also I believe is going to come forward and indicate to you that he has -in fact also purchased. I have a letter which that I will offer up as well from the Ocean Lobster Co. Ltd. in Greenport, Kent Valadez, the President, indicating 'amongst other things, "We have been buying fuel from the Schroeders for then past 6 years on our way out to the ferry. It has been very helpful to us to be able to do this. Both Bob Sr. and Jr. have both been very accommodating to pump fuel at all hours of the day and night. If you have any questions regarding this please feel free to contact me during normal business hours." That letter is dated September 24, 1998. CHAIRMAN GOEHRINGER: When can I start grilling you?, MR. ARNOFF: Who me? CHAIRMAN GOEHRINGER: Yes. MR. ARNOFF: Whenever you like. CHAIRMAN GOEHRINGER: What was the zoning on the property at the time Mr. Schroeder owned, bought the property, approximately 1980-1981? MR. SCHROEDER: What was the zoning? CHAIRMAN GOEHRINGER: Right. Y Page 79 - Hearing 7 'scripts September 24, 1998 - Board of Appeals MR. ARNOFF: Agricultural A, I believe. CHAIRMAN GOEHRINGER: OK, what is the zoning today? MR. SCHROEDER: The same. CHAIRMAN GOEHRINGER: Has the, alright - SECRETARY KOWALSKI: It's on the file. CHAIRMAN GOEHRINGER: Yes, OK. MR. SCHROEDER: I'm sorry, no. MR. ARNOFF: No, it's an R-40 Zone now. CHAIRMAN GOEHRINGER: You're saying it's still Agricultural? SECRETARY KOWALSKI: R-40. CHAIRMAN GOEHRINGER: R-40. MR. ARNOFF: R-40. CHAIRMAN GOEHRINGER: R-40, OK. That was basically what I wanted to ask. When did the station actually stop selling fuel to the general public. MR. ARNOFF: Never. MR. SCHROEDER: Never. CHAIRMAN GOEHRINGER: No, no. What we have here is the sale of fuel to selective individual. I mean, I'm not trying to bring this, I'm just trying to ask the question, that's my job to ask the question. MR. ARNOFF: I understand that. Mr. Schroeder is here to answer that question. CHAIRMAN GOEHRINGER: No, I will, I'm just saying, when did it cease and desists selling, OK, to a person or persons that wanted to drive into the station, Joe Blow from X,Y,Z, from Nassau County? MR. ARNOFF: Our position is it never stopped, Mr. Goehringer. CHAIRMAN GOEHRINGER: Alright. MR. ARNOFF: And Mr. Schroeder is prepared to explain that to the Board, that's why he's here. CHAIRMAN GOEHRINGER: OK, no problem. Now, we can of course ask Mr. Arnoff since he is the representative for Mr. Schroeder, • Page 80 - Hearing Transcripts September 24, 1998 - Board of Appeals but does anyone have any specific questions of Mr. Arnoff before Mr. Schroeder comes up? MEMBER DINIZIO: I guess, I want to go on this nonconformance. I guess the chronological order of things, if I heard you right, basically if they could pump gas once every two years there, they would still be conforming. They would still have their use of a gas station. Because he has to be without a business by not using that as a nonconforming for two years. MR. ARNOFF: Two years. MEMBER DINIZIO: That's basically what you've explained. MR. ARNOFF: Well, my position is, that it need not necessarily be that infrequent. MEMBER DINIZIO: No, but you again, it could go two years. MR. ARNOFF: The Town Code doesn't have any provision for that. They just say "been abandoned for two years." MEMBER DINIZIO: Right, so when you're open, you sell gas? MR. ARNOFF: That's correct. Our position is, when we're there, we sell gas: If you pulled in, or Mr. Tohill pulls in, or I pull in, and Mr. Schroeder is there and you need gas, he'll pump and sell gas to you. CHAIRMAN GOEHRINGER: Every time I went by the station, Mr. Schroeder was not there. ROBERT SCHROEDER: If you come by at 5:00 o'clock in the morning or 5:30 every morning, six days a week, I'll fill you up. CHAIRMAN GOEHRINGER: Just for the record, that was Mr. Schroeder. MEMBER TORTORA: Do you have any income tax records, sales tax records, or any other records to provide to the Board that would indicate that the use was not continuous? MR. ARNOFF: Well, no - we have proof that it was continued, not discontinued. MEMBER TORTORA: Exactly. MR. ARNOFF: Yes, Mr. Schroeder has some records. CHAIRMAN GOEHRINGER: Are you going to be able to-copy those? MR. ARNOFF: 1998, 1987, 1996, 1996. Page 81 - Hearing Z Lscripts September 24, 1998 - tsoard of Appeals CHAIRMAN GOEHRINGER: OK. Yes, remember, this is a hearing of which you have to state your own opinion plus you have to be sworn - ?' in (to Mr. Schroeder) . But we have to tell you this. We have to have copies of -those or we have to have the originals. MR. ARNOFF: Fine, will provide, what Mr. Schroeder has the Board can certainly cull through and whatever they'd like copies, we'll copy. CHAIRMAN GOEHRINGER: OK, are you going to leave them 'in our trust, then? - - MR. ARNOFF: No. CHAIRMAN GOEHRINGER: No, so then you must copy them. MR. ARNOFF: Fine. CHAIRMAN GOEHRINGER: And give them to us. MR. ARNOFF:- Yes, we'll copy them, I'll copy them. CHAIRMAN GOEHRINGER: Alright. I wasn't in any way trying to set you -up here with these questions. - I just wanted you - MR. ARNOFF: (Inaudible) CHAIRMAN GOEHRINGER: Right, so are we ready now to hear, Mr. Schroeder? MR. ARNOFF: Yes. CHAIRMAN GOEHRINGER: Is there anybody else would like to speak to Mr. Arnoff about anything? (None) CHAIRMAN: Mr. Schroeder, you have to raise your right hand. Do you 'solemnly swear the information -you're about to give us is the truth to the best of your. knowledge? MR. SCHROEDER: (Raising, right hand replied:) It is the truth. CHAIRMAN GOEHRINGER: And you are? First name? MR. SCHROEDER': Robert Schroeder. ' CHAIRMAN GOEHRINGER: OK, thank you. - MR. SCHROEDER: I'll give you a little history on the gas station. When I was a boy, ten years old, I, twice the building, was half broken down I would ride to "East Marion from Greenport, to get () Breyer's ice-cream or similar. Plum Island, was built from that gas station. All were light power lines built from that gas station. All- the trucks were kept at that gas station. Al Dinizio, a very dear friend of mine - - ' Page 82 - Hearing Transcripts September 24, 1998 - Board of Appeals CHAIRMAN GOEHRINGER: And mine. MR. SCHROEDER: Ran a business from there that included fuel oil trucks, cesspool trucks, dump trucks, engine take out, the whole works. I came along, years later, bought the gas station from a fella. CHAIRMAN GOEHRINGER: OK, let's go back. Do you know the approximate time Mr. Dinizio left that gas station. MR. ARNOFF: Yeah, you have depositions. MR. SCHROEDER: I have absolutely - You should read them and they will give you a history of that gas station from every person who spoke, Al before he died, and every member that owned it now. Now a lawyer, with the the Town, accused me of converting a gasoline filling station, you'll find it in your court records, to a construction company, seven years after we were there. CHAIRMAN GOEHRINGER: That must have been 1987? MR. SCHROEDER: Never stored a thing other than a vehicle. CHAIRMAN GOEHRINGER: Wait a minute, that was 1987? MR. SCHROEDER: Correct. CHAIRMAN GOEHRINGER: Was that when you painted it purple? MR. SCHROEDER: Right. CHAIRMAN GOEHRINGER: OK. MR. SCHROEDER: It should have had a lot more to it, but you're asking me to swear. I'm a good American. I believe in hard work. That's what I taught my kids, hard work, you'll get there. It seems as though hard work in this Town doesn't work. The ghoul, they're coming• out of the woodwork. When we had a battle with the town - CHAIRMAN GOEHRINGER: That was approximately MR. SCHROEDER: I didn't want to fight with the Town. I went out and bought $300,000 worth of real estate and said, don't do what you're doing, you're a nice man. I said OK, I went and bought the farm in Cutchogue, after the I closed, damned if this wheel starts burning again. They wanted to get me into Court, somebody did. Nobody would ever 'admit to it. So the gasoline station that you see today was created by the Town of Southold. They eliminated four peoples' job, we went out because the Judge said, $1,000 fine - by Pat Moore, who is here tonight, $500 a day for every day you're on the property. This is my y land that I paid for and we couldn't fight with the Court and we left and we bought $300,000 worth of land, Page 83 - Hearing; riscripts . September 24, 1998 - Board of Appeals and we suffered. Our business suffered. The gasoline filling station suffered and people lost their work. CHAIRMAN GOEHRINGER: Now, can I just ask a question in 1987? Were you operating a gas station at that time? MR. SCHROEDER: We operated a full-line gas station with our construction company. CHAIRMAN GOEHRINGER: Up until 1987? MR. SCHROEDER: Yes. CHAIRMAN: -It was at that time they said that you couldn't store the rest of these products? MR. ' SCHROEDER: Then we had two. You can't be in two places at one 'time. --. CHAIRMAN GOEHRINGER: No, but was it that time they said to you, supposedly someone in the Town, or a Building Inspector or a _. Code Enforcement Officer said to you, at that time, you couldn't store Sound Shore equipment on that site, is that correct? MR. SCHROEDER: I could keep all the Sound Shore equipment and I can today so long as I keep it in the building and I do that. CHAIRMAN GOEHRINGER: OK. MR. SCHROEDER: It has to be inside. When Charlie King was one of the first people that come to the Zoning Board, in 1957, he -was a gentleman. Nobody showed up that night because it was raining like , hell. So the Board said to him, well this is new zoning and will you ' comply with a couple of things? Will you not leave all things around the yard? He said, sure. ' It had to be inside. But, it never -went inside, even in 57, 58, 59, Al, Whitey Scresek, everybody, all Plum Island from there. All your power lines from down the island to Orient Point were operated out of that. I was the only guy that said,. there's a technicality, let's get them the hell out of there. Now, you asked. I tried- to operate. We would open on weekends. We would open at nights, we tried during the day, we'd close it. If we had a man available, we'd open it. This ' went on until the nineties when the county said to me, if you don't remove -the tanks, we're going 'to fine 'you $1,000. But it was worth it to pay the county $1,000 - the receipt, he has it. I paid the county an additional $1,000 to keep the tanks in the ground another year. I was the last tanks to come out. The head of the Suffolk - County Health Department came himself to watch the tanks come out of the ground and they were perfect. '_ - CHAIRMAN GOEHRINGER: ' When approximately was that? MR. SCHROEDER: 90-something. That the last time fuel was in the ground. - - • Page 84 - Hearing Transcripts September 24, 1998 - Board of Appeals CHAIRMAN GOEHRINGER: Are you going to give us that information - Mr. Arnoff? MR. ARNOFF: I couldn't guess. CHAIRMAN GOEHRINGER: Are you going to get us that information, when the tanks were extracted or extricated? MR. ARNOFF: I will try to get you proof when the tanks were removed. CHAIRMAN GOEHRINGER: Thank you. MR. SCHROEDER: That was the last time fuel was in those tanks. We went out an bought a $5,000 tank and put it on top and we got it licensed through the Suffolk County Health Department. I did it like I just gave it tonight, a valid Suffolk County Certificate that we paid the County for this fee. CHAIRMAN GOEHRINGER: That's the tank that we see today? MR. SCHROEDER: That's the tank that you see today. CHAIRMAN GOEHRINGER: What is in that tank? MR. SCHROEDER: Diesel fuel. CHAIRMAN GOEHRINGER: OK. MR. SCHROEDER: And I think if you read your Town Code, it doesn't, fuel is anything that can be burned in an engine. CHAIRMAN GOEHRINGER: Internal combustion. MR. SCHROEDER: Whether it be jet fuel gasoline, diesel fuel or straight oil, or kerosene or whatever. Now Pat Moore was my attorney for the finding of when we got the fine for making it into a construction company. The Town said it was a gas station and they got a $1,000 bucks from us, or from Pat. I told them, just pay them because if you pay them, it will go away and she paid the $1,000 and accepted the $500 a day and we left. CHAIRMAN GOEHRINGER: And you left, you took - MR. SCHROEDER Now, Pat Moore's last words, including tonight for Mr. Arnoff was, I told you to keep the fuel in those tanks. As long as you do that, this Town will never be able to do you in again. CHAIRMAN GOEHRINGER:' Now wait a minute. MR. SCHROEDER: Now, they never did, another person like me because this town realized how bad it was. CHAIRMAN GOEHRINGER: OK, now wait a minute. Page 85 - Hearing 7 'scripts September 24, 1998 - Board of Appeals • MR. SCHROEDER: So I'm ready for more. I'm going to die soon. I may take you all with me, you know. I'm sick of it, I'm fed up to here with ( ) . CHAIRMAN GOEHRINGER: Now, wait a minute, I'm still trying to get the idea here. When you said, you left the station, what do you mean by that? MR. 'SCHROEDER: I never left. I had to leave the public. ,I treated-that that public wonderful. I gave them cheap gasoline and I try to run a legitimate business. Some lousy individual didn't like it. CHAIRMAN GOEHRINGER: OK, so you were cited here,- you paid a $500. fine. MR. SCHROEDER: . I paid the $1,000 fine. CHAIRMAN GOEHRINGER: A $1,000 fine and when you said - MR. SCHROEDER: And we moved the construction business to property that was zoned for construction business. CHAIRMAN GOEHRINGER: OK. What happened MR. SCHROEDER: And I operated the gas station when I could. CHAIRMAN GOEHRINGER: OK. MR. SCHROEDER: And it's been that way . ever since. Now, we may be the best customer in the world because I pay Uncle Sam, Federal Taxes, highway use, an absorbent amount of money. CHAIRMAN GOEHRINGER: But that's for your construction company? MR. SCHROEDER: I don't give a damn. I'm Bob Schroeder and my wife and I own . that gas station. Sound Shore Excavating is not owned by me. It's owned by that -young man back there -and his mother. CHAIRMAN GOEHRINGER: OK. I'm trying to understand, - MR. SCHROEDER: They're the best customer in the world and we pay cash. CHAIRMAN GOEHRINGER: OK, I'm trying to understand who, buys fuel from you other than the gentleman that you just mentioned? MR. SCHROEDER: I've been selling diesel- fuel to Joe Angevine who I ran into this afternoon. I asked him would you come. He said, yes I'm going to go fishing. I said OK. He said, no, I'll come. " CHAIRMAN GOEHRINGER: Now do you, do you have to be there to sell those fuel to them, or do they have - ' • Page 86 - Hearing Traubcripts September 24, 1998 - Board of Appeals MR. SCHROEDER: Sure I am and I don't want to lie, but I'll say 20% of the houses in Greenport in the winter time rely on old Bob Schroeder. They call him up or my son-in-law and they say, we're out of fuel, can you give us five gallons? At 10:00, or 11:00 o'clock or 1:00 o'clock or 12:00 o'clock at night. We'll open it up for anybody that calls. CHAIRMAN GOEHRINGER: OK, now - MR. SCHROEDER: It's like a commercial with the father and the son sitting on a barrel at the gas station and the place is falling down and the father's got a torch and the son has a sledge hammer. And you drive in and say, do you fix transmission? He'll tell you, yes. CHAIRMAN GOEHRINGER: OK. MR. SCHROEDER: Don't look at the appearance. The appearance is because of the Town of Southold. CHAIRMAN GOEHRINGER: OK. MR. SCHROEDER: Look at the other property I own and they are beautiful. But that piece of property was victimized. CHAIRMAN GOEHRINGER: Right. Do you sell, do you collect sales tax? I mean, sorry, do you pay sales tax? You asked the question, but I want to know, do you pay - MR. SCHROEDER: I have and sometimes I pocket the money. I'll be honest with you. Get me for income tax evasion but it's in my books. My book shows the sale. The work that took, you laugh at me again, you and I are going to have a problem. CHAIRMAN GOEHRINGER: Mr. Schroeder, Mr. Schroeder, you can't, you cannot point to other people. You cannot use fowl language in here. MR. SCHROEDER: I'm not using any fowl language. CHAIRMAN GOEHRINGER: OK. MR. SCHROEDER: I just made a point. CHAIRMAN GOEHRINGER: Please, do me a favor and just answer the question. At the 8 cents and 5 mills per gallon that you are required to pay the state for each gallon of gas - MR. SCHROEDER: I pay the Federal Government and the State, that's here. CHAIRMAN GOEHRINGER: OK, you're going to copy that for us and give it to us; OK. MR. SCHROEDER: And we are our own best customer. - Page 87 - Hearing 'I tscripts September 24, 1998 - board of Appeals CHAIRMAN GOEHRINGER: OK. Any questions of this gentleman? We'll start with Mr. Dinizio. MEMBER DINIZIO: No questions at all. CHAIRMAN GOEHRINGER: Ms. Collins? MR. SCHROEDER: I feel like I feel because I've been very badly abused by this Town. I am a nice guy. ' CHAIRMAN GOEHRINGER: Well, I mean, I mean I realized that, but you see I, first of all Mr. Schroeder, you've got to understand I don't know you. I mean I don't know you personally. MR. 'SCHROEDER: Anyone that does, will know that I am a straight shooter. CHAIRMAN GOEHRINGER: OK, fine, you've got to understand that it is my job just to collect this information and that's all I'm doing. MR. SCHROEDER: Do what you have to do. CHAIRMAN GOEHRINGER: OK, pardon me, Ms. Collins? MEMBER COLLINS: I don't have a specific question. My comment is probably largely to counsel. This claim that you're making is a claim that has to rely on documentary records. I mean it's not going to rely solely on a bed of verbal testimony? And it has (Mr. Schroeder interrupted.) MS. COLLINS: Please Mr. Schroeder, let me finish. And don't threaten us. MR. SCHROEDER: OK. MEMBER COLLINS: And I think that the Board is owed an opportunity, not a grudging opportunity to see the documentary evidence that you think justifies' the statement that the business was not discontinued. That's the heart of the issue and we are hearing, oh you have data, yeah, we have data, well maybe you can see - We've got to see the data. CHAIRMAN GOEHRINGER: And we've got to question on the data. MEMBER COLLINS: Oh, yes. MR. SCHROEDER: Can I tell you something honestly, nicely? CHAIRMAN GOEHRINGER: Yes. MR. SCHROEDER: Do you know why I agreed to sell the gas station? . • Page ,88 - Hearing Transcripts September 24, 1998 - 'Board of Appeals CHAIRMAN GOEHRINGER: Why? MR. SCHROEDER: I wanted' the war to stop. I was going to take it down to my grave and I can afford to do that. But I wanted to go away with the war stopped. I wanted to go back exactly as it was, a beautiful gas station. It was a beautiful village gas station. Everybody in East Marion and Orient loved it. People from Greenport would come to it. It was always clean, it was always beautiful. It never was dirty and over the years I've softened. I said I wouldn't. My family knows that. The buyer came along and six months into the deal he said, "let me out please, I'm financially suffering." I said to Mr. Bruer who is my lawyer, "let him go." I o."I got a call back from Mr. Arnoff who is handling the other person who said, I have a guy who is willing to pick up the deal and will you still extend him the time? I said, yes I will. And I am almost giving it away. But there was a stipulation. I wanted it returned to what it is, not - If he wants to put a roof over it, I want you guys to battle. Do whatever you have 'to do. But, if it goes back to the way it was, do everything as is, that's the way it was sold in the contract. CHAIRMAN GOEHRINGER: The one thing that confuses me because I'm not a very smart person sometimes. If you tell me that you had to move the Sound Shore equipment, it was at that time that you painted the facade purple and whatever - MR. SCHROEDER: I just made that up. CHAIRMAN GOEHRINGER: No, I'm just saying, not withstanding I don't care, OK, but, you indicated to me that you then had to go buy a $300,000 piece of property to go put your stuff on, and that's what you're saying you didn't have the money to redo the tanks? Is that what you're saying? MR. SCHROEDER: The tanks at that time were - I don't know if he has it, but I think I have it - $180,000 which we could reduced because of the amount of work, you can do because a certain amount of' work you can't do. It has to go to a gas contractor. People who put these pipes together. We can do the gravel, we can do the setting of the tank, we can lighten the price but not by a heck of a lot. So, the county said to me, you don't have 'to put them in the ground. I have the permits. I have - CHAIRMAN GOEHRINGER: There's no doubt in my mind that you have the permits. We're going to see it anyway. MR. SCHROEDER: In fact ' I filed the Building Permit here. The State kept the Building Permit, I have at home. They kept it for over 30 days which was wrong, the lawyer at that time was Bressler and I had to come 'here repeatedly to get the Building Permit and they told him we have no jurisdiction" over it. I have a CO and if you read the affidavits I was the best guy there. Page 89 - Hearing ' zscripts September 24, 1998 - Board of Appeals CHAIRMAN GOEHRINGER: OK, so you're going to give us that information and we're going to be able to look at that and ask you questions on it after we've looked at it. Is that correct, Mr. Arnoff? MR. ARNOFF: That's correct. I'll provide you with the record that Mr. Schroeder has. MR. SCHROEDER: One thing. I think that's Mr. Tohill. In 1987 he was younger and better looking and very busy. I asked him for ' an appointment. He said, who are you? I told him. He said, oh man, come in on a Saturday, I've got to talk to you. He said, you've been screwed by the Town of Southold, and we talked for two hours. He was the nicest guy, the first one I went to because I didn't trust anybody out here. That's the truth. I figured you all made deals. He told me he was the Town Attorney I think for Westhampton. I talked to him on his car radio during the week. He said, come in here. He said, this is the most amazing story I have ever heard and we talked for two hours. He said, there's no charge, I'm not going to take the case, I'm just too dam busy but I • wanted to hear the story. He said, "go get them." So, I hope tonight he's probably representing the guy who use to pile out his driveway. This guy wrote letters. He makes noise when he starts the engine. He drives the truck but we put a lot of people to work, and we do a lot of work. CHAIRMAN GOEHRINGER: Thank you. Anybody else like to speak in favor of this application? Anybody like to speak against? ANTHONY TOHILL, ESQ. Good evening Mr. Chairman and Members of the Board. My name is Anthony Tohill. This is the strangest ' introduction I have ever received, I'll remember that for a long time. I going to hand up with your permission series of documents. They're premarked I think they're A through K, or J or something like that and before I get to those and before I get too much further, I want to hand up not as an exhibit but as a document, a copy of the extract of the Southold Town Zoning Map which shows with yellow highlight the property which is the subject of this application showing clearly that that property in R-40 District. I'm not handing that up with a specific exhibit in the ZBA exhibit but the issue was raised before. Mr. Schroeder, I think might be partially correct. I'm here tonight representing the Gillispie family which lives across the street and the Apodiacos family which lives to the west. If you look at the prior records of the Town, including the prior hearing that you had that Mr. Bressler attended some years ago with respect to this property each of those persons were present, and I'm representing each of them. I believe I may be representing other people that are not here this evening because we didn't expect by reason of a miscalculation on our part that this matter was going to proceed and so to the extent that this will be continued. I'm certain after tonight I'm going to ask for an opportunity to introduce them so that they can tell you what they've seen there. The file does not contain - a couple of items of housekeeping before I get into the merit of it, does not Page 90 - Hearing Transcripts September 24, 1998 - Board of Appeals contain a single and separate search. „ Under your Zoning Ordinance, Section 244B, I think there should be a single and separate search. In fact, interestingly when Mr. Bresslerwas here the last time, he did produce one. I didn't see it. I haven't seen it in the file. But he did mention it and I think that the one is introducing a use through an application when it's required provide it - it's not there. Second thing that I mention again only with respect to housekeeping, is that there was no referral here properly to the Suffolk County Planning Commission. It's an interpretation. Interpretations are not referred to the Planning Commission. There is no EAF of the SEQRA. Properly, here variances and interpretations are not referred, or are not - I CHAIRMAN GOEHRINGER: Are type II activities. MR. TOHILL: Yeah, they are type II. However, it's interesting to point it out because I think that everybody in the room who worked with land use into view for sure, is immediately uncomfortable. When I say, that the introduction of a gasoline service station, such as the gasoline service station in Cutchogue, or if the gasoline service station is on the Main Road ' in Mattituck, is going to be introduced into that R-40 District tomorrow or the day after tomorrow and nobody is going to talk about either what the State Road means in terms of the County referral under the County Charter. That's the specific reason that that County Charter was written. It requires that there be a referral when that kind of new use happened or that there would be no SEQRA compliance. A gas station in an R-40 District on a 16,000 sq. ft. parcel, the exact 16,953 sq. ft. It makes anybody involved in land use want to sit on the edge of their chair for the rest of the application because it's not exactly the kind of thing that you should happen in the name of or under the ( ) of the word interpretation. I want to stay with that for a second. This is not an application under 241G of the Town Code under Zoning Ordinance. 100241G provides that whenever a nonconforming use has been discontinued for two, years, the use would no longer be permitted unless a variance were applied for and received from this Board. No variance has been applied for, no variance can be granted, there is no notice of a variance. The only application before the Board is for an interpretation. If - the only application before the Board is for an interpretation, then,_ Section 100-271D has to be consulted because that set the limits what the Zoning Board's powers are when someone comes here for an interpretation. The second part of that subsection says that you could determine the exact location of the • district boundary. It doesn't have any application and so the only one that's left is the first subsection. The first subsection is that you would determine 'the meaning of any provision in the Chapter. There's no meaning of any provision. There's no provision that's been pointed out anywhere in the application papers, anywhere i in the file, or anywhere in any presentation, and so standing here right now I'm still at a total, Page 91 - Hearing T scripts September 24, 1998 - Board of Appeals loss as to what application is before this Board. In fact, I couldn't respond under the present time. The second part of the subsection D1,, under Section 100-271 the Code is that you would determine the meaning of a condition or requirement. There wasn't any. The only thing that the Building Inspector said was, your application for a gasoline service station is denied and you have a remedy to seek a variance by a way of it be a use variance but, not an area variance, a use variance under Section 241J, the Town Code. The Building Inspector even pointed out the specific subsection number, so that there's a problem here in terms of housekeeping and a big problem. In fact, an insurmountable problem right now because there's actually no application you can decide that's before the Board that the rest of the world has heard about and that everybody here knows the rest of the world has to hear about what actually it is about the same time that you do. It has to be noticed, saying exactly what it's all about: Another item of housekeeping, there is no standing established anywhere in the record including the presentation with respect to the real applicant. The real applicant is the gentleman who Mr. Arnoff described earlier. It's not the Schroeders; it's the Contract Vendee. But, there is no basis upon which you can state that they have standing, or he has standing, whoever this gentleman is because there's no document in the file, or there's none that I've seen and Mr. Arnoff hasn't dealt with that. So now, that's some of the housekeeping. Mr. Arnoff indicated that there's nothing in the Town Code that deals with this. That's simply an apprehension of the Town Code. The Town Code is actually pretty clear on this. I think that the question, but I'm not going to concede this because I can't on the present record figure out exactly what happened. I'm prepared to address items so I'm going to go ahead and addressed them because I assume we're all at this late hour interested in talking about it. The issue that could be if it were properly asserted be before the Board is did the property owner discontinued the nonconforming use?. That's the question right there. And so to answer that question, the first thing that you have to do as a land use expert, each one of you is determine what is the nonconforming use. It's not as hard as one might think. The nonconforming use is probably a gasoline service station under a 1959 - exactly April 10, 1959 C.O. , which called out "gasoline service station", those are the exact words. And the second possibility with the July 17, 1981 C.O. , the one that Mr. Arnoff described is different. It calls out a public garage as the use to my recollection. Both of those terms are defined in exact language in the Code. Under Section 100-13, a public garage is a building - and here comes the key language- other than a private garage, used for housing, repair of gasoline or other power driven vehicle or where such vehicles are equipped for operation repaired or kept for renumeration ( ) or sale. They're trying to say it's not a place that one would keep for his own equipment, or-his own Page 92 - Hearing Ti-unscripts September 24, 1998 - Board of Appeals use, or even by the way to gas up with diesel fuel his own trucks. The second use also under - 100-13 is gasoline service stations specifically defines a structure in surrounding land used for the storage and sale of petroleum fuel, and sale of petroleum fuel, primarily to motor vehicles, and for accessory uses, such as the sale of lubricants, accessories or supplies, incidental washing of motor vehicles, the performing of minor repairs within a building. However, a service station is not a repair garage and body shop. Now, the question is getting narrow. The question is' now, were those uses called out in the respective COs discontinued? And to answer that, one then looks at 100-13D of the Town Code and it says that if you want to know what the word discontinue means, you should look at Webster's Third New International Dictionary of the English Language Unabridged. I premarked the Exhibits, I'm going to give Linda the marked Exhibits, I'll give to each of the rest of you the individual copies of Exhibits, and I'm going to hold off handing up Exhibits, this will purport, until I get to the end of this. The word 'discontinue' has the following meaning. "To break off or give up" and so they say, the person found 'it necessary to discontinue per course. Think of this gas station that's out there, the one that Mr. Goehringer described, painted, the one that you've all seen when you go by if you're not at 5:30 in the morning, there's nobody there. Just think of this dictionary term 'discontinued.' To discontinue bus service between the two points, The busses don't run anymore. To end the operation or existence of, the school was discontinued after a sharp drop in enrollments. This is the next one. It's interesting. To discontinue the business after the death of his partner, to discontinue the business after the Town gave him a hard time. To discontinue the business after the Suffolk County Health Department directed all ,of the fuel tanks be pulled out. There's no difference between my use of that language, the language I'm giving, and the language in the dictionary that the Town Code says I'm required to read. What's the difference between this case and a nonconforming restaurant? Discontinue in use for two years where the owner host himself by making scrambled eggs in the kitchen- every two weeks or every two months, or invites one of us over to have scrambled eggs with him every two weeks or every two months, or to pick up on , this what Mr. Arnoff said before, once every couple of years. What's the difference between this application and a nonconforming bar where after two years discontinued use, the owner or even during those two years, the owner pours himself or one of us, his host, as a host, his guest, a drink. What's the difference? What's the difference between a bar discontinued in use for two years where the owner stores his wine -in the basement. Does it preserve the use? What's the difference between a nonconforming ferry operation, passenger, vehicle ferry operation is continued where the ferry owner takes a group of former employees out for flounder fishing in the bay, in the race, does it preserve the ferry use, the nonconforming ferry use? Does the owner of a nonconforming gambling casino discontinued for two years preserve his nonconforming status if he plays a game of solitaire, or-with his Page 93 - Hearing T scripts September 24, 1998 - rsoard of Appeals wife plays a game of poker, or on a Friday night invites one of us in for a game of poker, does that preserve the nonconforming gamble casino? Does the owner, and now I'm going to get closer to the mark, of a service station discontinued for two years who pumps gas into his own vehicle, or repairs his son's truck, preserve the nonconforming use, is that the law of the State of New York? And the answer should be painfully obvious. It doesn't make sense for that to be the law and the law generally is accused of a lot of things. It doesn't lack that much of common sense. The analysis of the word discontinue does not survive here. Here's a case out of Greenport mentioned tonight. It's not a real artifact. It's a Suffolk County Supreme Court, Justice Cannavo appears to have a date of 1989 and it has astoundingly similar facts. A gas station, a zoning ordinance, a discontinuance of use, a request to continue the use, "a challenge by neighbors, a determination by a Zoning Board, a challenge in the Supreme Court, and virtually on 100% overlapping facts, Justice Cannavo said the owners of gasoline service station stopped servicing automobiles for a period of one year. Here it's • one, not two. In addition to ceasing the sale of gasoline, it could not presume operations as a service station because they would have lost nonconforming use status under the Village Code and he cites the section. I'm going to hand that up as Exhibit B. (I think Mr. Arnoff asked Mr. Tohill to see the exhibit and he answered, yes, the name of the case is Borrelli v. Brigham, et al, and the Index Number, it's a Suffolk County Supreme Court Case is 22253/89. Here's another case, the exact same facts again. This is the Second Department, Appellate Division, Town of Harrison. In this case the Court noted, no gasoline sold, business otherwise conducted, no tenant in possession, end of inquiry. That's discontinuance. That's discontinuance. The name of that case is Sun Oil Company of Pennsylvania v. Board of Zoning Appeals of the Town of Harrison. I've marked that as Exhibit C. • Here's another case. This is called Prudco Realty Corp. v. Palermo. Palermo was the Chairman of the Zoning Board of Appeals ' in the Town of Brookhaven until a few years ago and this item is marked as Exhibit D. In this case, the Appellate Division points I out the exact points I'm making. In order for the nonconforming use argument on that side of the room to work, you have to preserve the nonconforming use and now are we on this opinion, as a gasoline service station. Not 5:30 in the morning, diesel fuel coming up from an above-ground tank to a neighbor or to a friend. That's not operating a gasoline service station that's defined in Section, 100-13 of this Town Code and so what's been preserved is something, but the something is not the nonconforming use that received C.0.s twice from this Town and therefore it can't take on a new life, out of the ashes just because the property owner willed some third party into your lap and the neighbor's lap at this point, it doesn't work that way. Page 94 - Hearing Transcripts September 24, 1998 - Board of Appeals The fourth case which I've marked as Exhibit E is the Court of Appeals form, I'm sorry, is the a, the first one that I marked earlier as D, is the Court of Appeals opinion. The next case is the same opinion which is the Appellate Division opinion, again, un crypto. It's marked as Exhibit E. So case law has established how you're supposed to look at this after you look at the word 'discontinue' and is simply applied to wisdom collectively that has been gathered here though all these years. There's something elseyou have to do. You would want to look at the history here in the Town because twice now the Town Attorney has expressed an opinion with respect to this matter. One of them was Frank Yakaboski in 1987, and he ruled in his decision as an official advisor to The town, in a letter to the then Building Inspector that the service station had been abandoned, 1987. MR. S CHROEDER: That's not so. MR, TOHILL: In 1990, the then Town Attorney, athletic looking, tall, trim and with a full head of hair, a similar tidy recognizable signature, wrote a memo back to this Board, in which he agreed that the use had been abandoned. I'm going to leave in a mystery on the record who signed Exhibit G. CHAIRMAN GOEHRINGER: Would that person be present in this room? MR. TOHILL: Mr. Chairman, there's some things that I just don't know. I'm incapable of understanding it. You just touched on one of them. If the Zoning Ordinance and the use of language has a problem with the argument, and if the case law has a problem with the argument, and if 15 years of Town Attorneys have a problem with the argument, so does the Health Department. Earmarked as Exhibit H are various records including one document from the Estelle Kahn whose at at Horse Block Court. Of course she's still there today in which she notes, in 1988, January 25, 1988, on inspecting the premises and I quote, "not selling gasoline for about 2 to 3 years." I didn't write that, that's the Suffolk County Health Deparment. They're in the business of regulating gasoline service stations and public garages and that's what she found. The next document is an April 17, 1989, and by the way I've also raised this part of Exhibit H letter from Eric Youngblood, also with the Health Department, advising that the tanks on this property have been, to use his expression, abandoned. I believe the word 'abandon' has a similar proximity to the word discontinued without reference to the Third World Dictionary or the Third Dictionary. And the last document attached to Exhibit H, is dated today and it's a document from the Suffolk County Health Department from Horse Block Court, that says, that with respect to these premises, all of the tanks were removed on September 27, 1990, almost to the day, eight years ago. Eight is more than two. Not only that, the tank that is given all new life, that's the service station out there Page 95 - Hearing T scripts September 24, 1998 - tsoard of Appeals . - today that you seem not to be able to see and the neighbor seem to "_ have some trouble finding, that thank wasn't installed until 1992. It's right here. It's on the bottom, December 29, 1992, it's a 1,000 gallon diesel fuel tank and Article 12 of the Suffolk County Sanitary Code, when they not operate a service station in the Suffolk County with above-ground anything tank, nothing can be above ground and operate a service station, a gasoline service station or a public garage. So now, not only does the English language, the Town Code, common sense, case law, 15 years of Town Attorneys, and the Health Department say, this can't be so. Here is the Town Justice Court saying that the use has changed. This is 1986, it's 12 years ago. And that the use that was changed was from a gasoline service station to something else. Not only is that the accusation on Exhibit I, but I've attached Exhibit I, a transcript of a Court Proceeding in this room dated May 15, 1987, when the property owners, Robert Schroeder and Ethel Schroeder, pled guilty to changing of the use of the property. It strikes me that when one pleads guilty in the American Court, the changing the use of property, one ought to be hoist by his own tarde. And that means that 12 years later you wouldn't come before this Board and say I never changed the use at all. I preserved the use. I just kept it a secret. I didn't let anybody know unless you were passing by 5:30 in the morning and you were a friend of my in Greenport. Attached to that document is a Memorandum of the then-Town Attorney explaining to the Town that that happened. The Town had a right to rely upon what happened to this Board, to the people, they did what they did. Not only is all of that so, but, here I have in my hand what I've marked as Exhibit J, which is a transcript of a proceeding before this Board on February 1, 1990. You heard the President during the last week in attempt to suggest that we should listen to him when he says, it depends on how you define "is". What happened that evening is an attempt to have you define is before you could get anybody behind the microphone to listen to what you were saying. An earlier variation on being what's happening here. You see, this Board deserves respect. When the land use system in this Town requires respect, absent respect we bring chaos into the system. You can, I can, Mr. Schroeder can, Mr. Arnoff can, all the people in this room. That transcript brings chaos because you've been asked over, over, and over again, straight, intelligent, right-thinking questions, and if you scan it you will find a single answer. The result of that proceeding is that Mr. Schroeder would prove the proceeding, and here we are here tonight. Earmarked as Exhibit K is a series of letters that start in 1985 from neighbors, and I just selected a group. They go until 1988. Everyone of them says exactly the same thing. From these people who lived next door, they have never seen anybody, ever seen a single customer since 1984. One of them says, since 1980. He was overstating the position. He said ten years in 1990. That would • Page 96 - Hearing TI....dcripts September 24, 1998 - Board of Appeals bring us back to 1980. The other people said 1984. Not a single customer. The place was never opened. The sole use of it was what every other record of the .Town said. It was used for the storage of construction equipment. In 1992 long after all the construction equipment had been removed, long after the tanks all had been removed, the Health Department issued a 'permit for an above-ground 1,000 gallon 'diesel fuel tank. That nowhas somehow emerged as a gasoline service station on 60 years ago. I hand up with your permission, each of these exhibits which I have premarked. There is no Suffolk County Health approval to operate a service station here. There is no Department of Motor Vehicle Permit to operate any gasoline service station here. There is no Permit from any agency or government including all the agencies the Board mentioned earlier and one cannot operate , a service station without their Approvals. I'm going finish up with the following thoughts. One of the things that you are not as an arena is a forum for surprises. No one every comes here to be surprised. They come here for a lot of other reasons and I think you probably have seen everyone imaginable by now, but not for surprises. Not this 'kind of surprise. One hundred years ago, a great Judge Holmes under United States Supreme Court tried to get an Article to address the speakers at a law school, to define what lawyers do and what the law is. He said, "law is systematized prediction." If the best two word definition I ever heard of what I do, what Mr. Arnoff does, what Gregg Yakaboski does, what his father does, what everybody that includes a lawyer does. We've used three years of training in law school and then the accumulation' of all of our practice afterwards, in a form of a system in our heads, whether it's using Andersons, Rathkoff, those cases I handed up before, this book, whatever it is, it's a system and then it's a form of prediction. Those neighbors bought into R-40. Those neighbors bought into the history that I just put up on Linda's desk. Those neighbors did not buy into a surprise delivered by Mr. Schroeder in 1998. They didn't buy into a collapse of the system from the Town's point of view. They didn't buy into surprises. I ask that the record be kept entirely open. I ask even if you have to use your subpoena power, that you really have, that Mr. Fish' be here at the meeting so that he can describe what he thought about when he wrote that denial letter to Mr. Arnoff on his client, ,and I think it's important to have it on the record and at that time I'll have my clients present, we'll have' some photographs since they're important. Photographs in this case will tell me whether or not you have a service station, a gasoline service station. I just have a hunch about that. (voice very low) I wouldn't buy ,that building with that. So I'm going to ask your indulgence to -do that. Thank you very much. CHAIRMAN GOEHRINGER: Thank you. Mr. Arnoff, you're going to give us those copies, and then when we receive those - i Page 97 - Hearing T Lscripts September 24, 1998 - Hoard of Appeals • .. MR. ARNOFF: Yes, I'll get those copies to you rather quickly. CHAIRMAN GOEHRINGER: OK, and then when we receive those we will try to schedule a hearing here as expeditiously as possible. So at this particular point and a, we're not going to give you a date, we're just going to wait for those and then we'll stick it in whatever way we can - so we can get it going, OK. MR. ARNOFF: Fine, OK. CHAIRMAN GOEHRINGER: So, thank you, everyone, your courtesy. Thank you, Mr. Schroeder for your testimony and thank everybody. I'll make a motion recessing without a date. SECRETARY KOWALSKI: Anybody what to second that? MEMBER DINIZIO: Second. Motion carried. See Minutes for Resolution. End of Hearings. 00;) 1I HARVEY A. ARNOFF Attorney At Law 206 Roanoke Avenue,P.O. Box 329 • Riverhead,NY 11901-2794 Harvey A.Arnoff 516-727-3904 George E.Dazzo Fax No: 516-727-3940 November 10, 1998 Zoning Board of Appeals PIN # 2411 53095 Main Road Southold, New York 11971 Attention: Linda Re : Ali Yuzbasioglu #4582 Dear Linda: Enclosed with this fetter please find photocopies of the documents requested at the hearing of the above matter. Should you have any questions or require any additional information, please do not hesitate to contact this office. Very 1 r ours, HARVE A. '4' OFF HAA:rd Enclosures 4L .� ao • ( i -tom (Y I9 FOLLOW-UP and UPDATE FOR YOUR RECORD: TO: All ZBA Members FROM: Z Chairman via ZBA Office DATE: /6— , 199$ Attached is an (original co._ of Q��7 (new information added to the original Tow Z/• file) (I re: Pending Application of , Other Comments: ( ) # of Pages Attached: -eci Placed in Members' office mail boxes for update on/2//x/9% by Ae- . Board.Trans Thiru New . n er na to na Dictionary OF THE ENGLISH H LANGUAGE UNABRIDGED a -teeesa, REG. U.S. PAT. OFF. Utilizing all the experience and resources of more than one hundred years of Merriam-Webster dictionaries EDITOR IN CHIEF PHILIP BABCOCK GOVE, Ph.D. AND THE MERRIAM-WEBSTER EDITORIAL STAFF Colp ," !" _ y G. & C. MERRIAM COMPANY, Publishers SPRINGFIELD, MASSACHUSETTS, U.S.A. „ zAR 71-44Riverhead ; r EXHIBIT A - Sept. 24, 19983 0 Cc.J. _- ` " " c'Plverhaad ns1 -re :omycete 646 y . z- =• : AGITATION, p!RTURHATTON (his trembling sence 3 [ME discontlnuaunce, fr. AF, fr. MF dis-, des- 'dis- the required strict orthodoxy at va ;led cheeks revealed his profound •.•) 3 obs + continuance - more at CONTINUANCE] a : a breaking off fury viewpoints -Current Biog.) J of health or interruption of an estate upon an alienation made esp. by 2dis-cord \", d5'sk0(a)rd, =ske(a)d disk8'mi,sat, -,mT'sat\ n, p1 discomyce•tes a tenant in tail of a larger estate than he was entitled to cordon,fr. OF descorder,discorder,b [NL Discomycetes] :a fungus of the group b : the termination of an action by the failure of the dlscors discordant, at odds, fr. di:- plaintiff to properly continue it or by the entry of a discon- more at HEART] : to be at variance i pl. cap [NL. fr. disc- + -mycetes] in some tinuing order on his motion-compare DiSMISS vt 4b e : the of his disclosures •-. strongly wit. s group of fungi of the class Ascomycetes in interruption of the proceedings in an action that follows -E.J.Wayland) :ng body is disklike or cup-shaped (as in Pezi- where a party does not answer all the material allegations of dis-con-dance \de skeird n(t)■. dl,= :-my-oe-tolls \',.4mi,sad•as, '.. mi"sad•3s\ adJ the previous pleading and the opposite party fails to take cordaunce, fr. MF descordance, fr. ( • \,diska'nan,tha\ n pi cap [NL, fr. disc- + judgment for the part unanswered 1 : the state or an instance of b + -anthae (fr. Gk anthos flower) - more at dis-continuation \"+\ n [MF, fr. ML discontinuation-, elk- harmony : DISAGREEMENT (the it some classifications : a division of Siphono- continuatlo. fr. dlscontlnuatus (past part. of discontinuare) + Spaniard and Indians-P.E.James) ,ng jellyfishes with a round flat many-sham- L -ion-. -to -ion] : DISCONTINUANCE : INCONGRUITY (the violence and members of the genera Veletta and Porpita) dis.eontinne \"+\ vb [ME discontdruen, fr. MF discontlnu er Lewis) 2:discord of sounds:DISKthous \'disks:nan(t)thas\ adJ • fr. ML discontinuare, fr. L dis- 'dis- + continuare to continue unconformity b : a discordant jur. ‘d5'skan(*t)sa(rtlt, -n,sarl, -n,s51, -n,sail; 'dis,- -more at CONTINUE] vt 1 a : to break off : give up :nom- dls•cor•dan•ey \d5 skO(r)d•nsa, -- u Id.+V\ n [Idis- + concert] : lack of concert NATE (found it necessary to ^, her course in Spanish) Oils- DISPARITY Sthe maze of apparent icing disconcerted <there was a brief of the continued bus service between the two points) :end the opera- -R.H.Popkin) ,pany -E.A.Poe) tions or existence of (the school was discontinued after a sharp dis•cor-dant \da'skord•nt. (')di;s-, ,:diskan:sarlt. ;s31, ;sail, usu Id.+V\ vt -ED/ drop in enrollments) (discontinued the business after the death fr. OF discordant. descordant, fr. disconcerter, alter. (influenced by L Xs- Idis-) of his partner) : cease to use (discontinued the pattern after pres. part. of discordare to disco erten fr. des- 'dis- + concerter to concert - it proved unsatisfactory) b obs : to cease to attend, frequent, 1 a : being at variance : DISAGREE! :T] 1 :to break up the concert or arrangement or occupy 0: to break the continuity of :SEVER (in regard to day ideas) : being at variance with .o confusion : DISARRAY, UPSET, FRUSTRATE, the mountains it was contended that a gap does not^•the gen- AN'TAooNicrIC(the various dissever.. enemy plans by a sudden offensive) (confessed eral line of the range -Encyc. Americana) d (1) : to cease society-W.J.Shepard) : not confo. awls•red his slumbers-Rex Ingamells) 2 :to to publish <•r an unprofitable journal) (2) : to cease to sub- (the ^• element in the picture was _posure or shake the complacency of : RUFFLE, scribe to (•r the morning newspaper) 2 • to abandon or garb-John Buchan) b:marked b sd his academic cronies by confessing that in- terminate by a discontinuance or by other legal action vi:to agreement of its parts (a poetry the most often induced in him by a pint of beer cease to continue : come to an end; specs! : to cease to be and.--butnegativeinitsemphasis-( d) (in an interview with Washington, he suc- published (the magazine will•-, after the next issue) syn see by inner discord <a •r family) :C in ..--ing that most just of men-A.L.Kroeber) stop people) 2 : relating to a distort -ASS dis•contlnnity \des, ;dis+\ n [ML discontinultas, fr. &eon- :HARSH. JARRING (I heard a horrid -1 : marked by loss of self-possession or con- tlnuus + L -iras -ity] 1 : lack of continuity or cohesion :dis- a bray and a yell -George Borrov tBED.EMBARRASSED(look at each other dumbly, union of parts (from chapter to chapter . . . there is a sense sounds <a -, crowd . . . shouting c ;.Shaw) was somewhat •-, to learn that-her of of failure on the author's part to "follow through" pole) 3 : lacking conformity or • suffragist -Margaret A. Barnes) • put out -Carlos Lynes) 2 : a break in continuity : GAP <micro- structure - used of geologic strata not to find the missing book)- disconcert- scopic discontinuities in the foil -N.A.Cooke) <conceived of respect to one or more particular c. aoncertednesa n -Es the organic species as a hierarchy of creatures with compare- CORDANT- dis-Cor-dant-ly adv— idJ : causing loss of composure or self-posses- tively large !d scontinuities between their ranks -S.F.Mason) discarding ad) (ME. fr. pres. part. 410, EMBARRASSING (this .r stare often caused 3 math :a point or value of the argument at which a function : DISCORDANT • nervously in their speech -Jean Stafford) <a is not continuous 4:the boundary between two layers within hits-count 'di,skadnt\ n -s [mod eting friends ferociously and strangers charm- the earth which display different physical properties made 'cowlt) of F decompte, fr. OF desc :en)-dis•con-cert•ing•ly adv-disconcert- known by analysis of earthquake records 5 : a rapid change abatement or reduction made from in meteorological elements in a short distance or a short time of anything: as a (1) : a reductic 3 \,diskan'sarshan, -sash-,-saish-\ a -s : the dis-continuous \;dis+\ adj [ML dlscontlnuus, fr. L dis- 'dis- specific customer or class of custom: +ncerting or state of being disconcerted : DiS- + contlnuus continuous-more at CONTINUous] 1 obs:caus- (2) : a proportionate deduction fro :TURBATIOSI ing discontinuity : GAPING (with ^• wound -John Milton) made for cash or prompt payme: int \=sartmant, -s3t-:wit-\ a 4 : DiSCON- 2 a : not continuous : marked by breaks or gaps (a•-.mosaic b : a deduction made for interest of better watered and settled territory, embedded ... in wide or purchasing a bill or note not du .dis+\ vt ['dis- + confirm] : to establish as expanses of arid or semiarid land -Geog. lour.) (the interest upon money 2 : the rate ;d : DISPROVE (•r a philosophical assertion by boy received a very jumbled and•r schooling-Louis Kronen- counting 3 :the act or an instance ex rience) - opposed to confirm berger) : not continued : DISCR , SEPARATE (here and there bank funds in the•.' of bills of exc: ;n \;dis, dis+\ n : the act, process. or an were conspicuous elevations . . . ut they were •r features, billiards of one point from the sea ;onfirming not useful as regional boundaries -R.1{.Brown) : lackin point made by his opponent 4 : a :diskan:f0(a)rm\ adJ [Id's- + conform] : not logical or organic sequence or coherence Sa series of•r events ance made (as for the specious elen� usu. used with to <the tone poem is gay and always entertaining, but a trifle.r that qualifies the truth of an assert :e \:dis+\ adJ[Id's- + conformable] 1 archaic b math : having one or more discontinuities- used of a van- make very heavy or even somee- able : DISAGREEING — used with from or to able or a function a of a linguistic form : consisting of parts conclusions altogether-G.G.Cour ing to a disconformity (•r contact of Middle that are separated by other linguistic units of the same order taken, timeliness remains a chief; ,fiddle Silurian limestones -C.O.Dunbar) or by parts of such units (as French ne . . .pas "not" in Je ne -F.L.Mott); also : an objection:, \',dis+\ n ['dis- + conformity] 1 archaic sols pas "I do not know") (•r morphemes) <,-• phonemes) HINDRANCE<he does. ..mention sr: ,ninety or correspondence : NONCONFORMITY — — discontinuously adv- discontinuousness n -ES pleasant day-Times Lit. Supp.)- with 2 :a break in a sequence of sedimentary discontinuous easement n : an easement or servitude thatar : below the nominal value (thc ich have approximately the same dip indicating requires an act of man for its exercise or enjoyment (as a 2 : out of favor : poorly or ligh i in sedimentation generally by an interval of right of way or right to draw water) - compare CONTINUOUS visionaries were at a discount in th pare DIASTEM 3, UNCONFORMiTY EASEMENT : with reservations (his continua: \:dis+\ n ['dis- + congruity] : INCONGRUITY discontinuous phase a : DISPERSED PHASE taken . . . at a discount-Hilaire B« :dis+\ vb ('dis- + connect] vt : to sever the discontinuous variation n. blot : abrupt variation in which zdis•connt\"also de's-\vb-ED/-TNG, it between : DETACH (.r the fuse from a bomb) there are few or no intermediate forms fr. OF desconter, fr. ML discomputt =:JNrre(•r church and state) •.•vi:to terminate 'dis.convenience \:dis+\ n (ME. fr. LL dlsconvenientia fr. putare to reckon, compute - mor. L disconvenlent-. disco venlens (press part. of disconvenire to deduct esp. from an account, debt, \n-s[by shortening]:DISCONNECTING SWITCH disagree, be inconsiste$(, fr. dis- 'dis- + con venire to come ment of (^• a bill for early paymerr 'di : not connected : DISUNITED (Congress .. . together, agree) + -la -y - more at CONVENE] dial : INCON- a discount : sell at a discount (deal ssion of .. . a confusing sum of local forces VENiENCE year's unsold models) 2 : to len: ell) : lacking logical or organic connection sdisconvenienee \"\ vt. dial INCONVENIENCE the discount or allowance for into browing down her pen atter having written a dis-convenient \:dis+\ adJ *Veils- + convenient] now dial paper) 3 a : to leave out of accou -H.A.Overstreet) - disconnectedly adv - - INCONVENIENT influence of Hawaii on the Americ :ess n dis•co•phile \'diska,fIl\ n -s[disc- + -phile] : one who is de- the spectacle . .. of flapping shir switch n : a switch that isolates a circuit or voted to the study and collecting of phonograph records flora -T.H.Robsjohn-Gibbings) nes of electrical apparatus after the current has dis-coph•o-ra \de'skitf(a)ra\ or dis.Coph•o•rae \-fa,r-ee\ n pl, in evaluating the significance or wor td by other means cap[NL, fr.disc- + -phora, -phorae]in some classifications :a : MINIMIZE, DISPARAGE, DEPRECIA: \:dis+\ n [Id's- + connection] : the act of group of jellyfishes: a : a group coextensive with Scyphozoa offense as a pardonable action uric: or state of being disconnected : SEPARATION, b : a group coextensive with Discomedusae mature judgment and long experienc 3 curious feeling of loneliness or - from the dis-coph•o•rous \da'sktlf(a)ras (')di:s-\ adJ [in sense 1, fr. (never •r the fellow's cunning a: ,out him) disc- + -phorous; in sense fr. NL Discophora + E -our] LESSEN <the value of his criticism _ \"+\ n : DISCONNECTING SWITCH 1 .1001: bearing a disk or disklike structure 2 : of or relating of the subject) C (1) : to make a e :dis+\ vt ['dis- + consider] : to deprive of to the Discophora truth or validity of : make allowanc or esteem (it was the sort of exploit that ,--,ed dis-co-placenta \:disks+\ n [NL. fr. disc- + placenta] don) in <he ,--ed seventy-five pe aor good with the more serious classes -R.L. : a discoidal placenta - dis-co-placental \"+\ adJ- dis- -Gerald Beaumont) <-some of `ew without regard or respect <when humanity co•placentalian \"+\ adJ made for the new drug) (2) :to vie' blic is not protected, nor is the professional dia•eo•plaeentalia\"+\n pl,cap[NL.fr.disc-+ Placentalia] : DISBELIEVE (I ,r the story that : -Spectator) : mammals having discoidal placentas McCormick . .. because .. . she wt e \de'skan(t)s(0)15t, 'di,s-, usu -5d•+V\ adj dis•cop.o.dons \deskapadas. ('ldi;s-\ adJ [disc- + -podous] d : to anticipate or take, into acco 41, fr. ML disconsolatus, fr. L dis- 'dis- + con- zool : having the foot disk-shaped present calculations or p ning (mc st. of consolari to console- more at CONSOLE] tdis.cord \'di,skOrd, -b(a)d\n-s[ME descord, discorde, partly organized groups whose oppositio elation : deeply dejected and dispirited •hope- fr. OF descort (fr. descorder); partly fr. OF descorde, fr. L -Time) (businessmen had already- ng beyond consolation <a •r parent) 2 : in- discordla, fr. discord-, discors discordant + -la -y] 1 a (1) of the price increase) 4 : to give ,n : SADDENING, CHEERLESS (set up a wall... . : lack of harmony or agreement between persons : DISUNrrY --.vi: 1:to lend or make a practice hills and the monotonous sea-M.R.Cohen) DISAGREEMENT, DISSENSION (must we fall into the jabber and the discount (banks,r for 60 or 90 suggestive of dejection <retired . . . with a ,- babel of •r while victory is still unattained -Sir Winston ance (^ding for Richard's modesty • cock) syn see DOWNCAST Churchill) (2) : CONFLICT, STRIFE (•r among the barons of the dis-count-able \'.,•abet or .1...1 't -ED/-TNG/-S obs : to make disconsolate border country reached thepoint of daily raids,ambushes,and discounted <a•r note) (the evident .,•ly adJ • in a disconsolate manner (gazed •-, kidnappings) b : lack of armony or agreement between apart for discounting (within the •-, ruins of his house) <rows of cypresses standing things or ideas : CONTRAST. DIFFERENCE, OPPOSITION (the glar- discount broker n : one who maket rooding river) ing •-• between the architecture of the two buildings) <the•-, commercial paper usu. as an agent ?Hess n -Es : the quality or state of being dis- between the idealist and materialist philosophies) 2 a : a discount company n : a company : ▪rCTION, DISPIRITEDNESS combination of musical sounds which strike the ear harshly accounts receivable : COMMERCIAL ( ion \d5,sksn(t)se'lashan, ,di.-\ a ['dis- + due either to an unprepared dissonance or to an effect of false discount day n : the weekday wh the state of being disconsolate intonation or tuning b : the interval between two discordant ldis.conntenance \dBs, (')dis+\ vt \dBs, (s)dis-1-\ adJ ['dis- + consonant] : not notes; also :a discordant note c:DISSONANCE 3 :any harsh 1 : to put out of countenance : p `ORDANT, DISSIMILAR or unpleasant sound <the braying of automobile horns and CONCERT (the republic soon con :dis+\ adj [Idis- + content (ad).)] : DiSCON- other daily •rs of city life) discountenanced its few friends-C.: . used with with (•r with his prospects and syn STRIFE, CONFLICT, CONTENTION, DISSENSION, VARIANCE: to look with favor upon : use one DISCORD may indicate sustained inharmonious disagreement co ge by evidence of disapprove \ a : one who is discontented : one who has marked by quarreling, factiousness. antagonism <the meeting disc untenanted the teaching of re MALCONTENT (his following had diminished to broke up in discord) (the discord among the brawling barons work classes -Helen Sullivan) ,in • 's) (the controversies arising from this situation are bitte ,and the zdisco enanee \"\ n ('dis- + \ vt ['dis- + content (v.)] : to inspire feelings discord is ominously apparent -H.A.Wagner) DISCO indi- discountenancing(American action dissatisfaction in : make discontented • Dts- cotes the fact of existent disharmony,perhaps pointless; iFE •-, to the Bolshevik and-anarchist' in . .. corrupted the civil service ...,~ed and may designate competition in a hectic struggle for victory or dis-count-er \'di,ska0nta(r) also-.c -e soldiers -C.P.Fitzgerald) supremacy <all must live together in harmony as good neigh- counts; spec(' : the operator of a c • .. «., . . •_ „ . 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'OA'V• Nir Nr NoiLi.- % - . _, ,-.„...k,/r..,4..,, , ...% ,-.4,‘„,,,,..x (..ii, -,4.w,,,,i,,t; ,...,,,,,r,..v„__,,,.., •,.- - -d i•f,„.,,,,,..3,,y ir ,._.. _ ..--•,7,....4:5, 4. 41016,, • .,.,,,,.i.,,c 4 . tq._N;y,.cf,v:- .....:-.: .14.,J,, --- .-.47,14 i 1 e--.7-1-' r 1. . -:5- vez,,l, - ill A"S';•-‘,; •4,f,;,-1.4.0-::4/0.4.,,,i' "43-41iflis"; '!-.'-7::: 4 iA-`,.I. -;,...1-,,,,--At PI- %..ne 11.7,,ii4..„,,,:t4,,,,re kti 47:,4 LI-,,f; - I',:,•:.-,,- ,, ',4 ,.....- ' --,..,,,,, ,, -1 A.,,,*? ,: -',.: "•11".... :*,. .v,I i..-j,„,.., ... ......4,o c,...,_ .., SIN,' N.- -,if 1 A,,,. ."...... • „.., ., - _Le f ••., - ..,' irc,,,..iv. a, -,•-,,,,,, . " ' '-'."•••.° I 47*--->...-- ^"'". , • I Tin ��: '1 f'1�IF'IE _IfllGIi-hll 1,,, r�_.� jut' f i._ I e 4, J� r:s Pi S cit/✓`,1 NnEx SHORT FORM ORDER I No. _2_215. 19 ..y SUPREME COURT -- TATE OF NEW YORK UNIX/SPECIAL Ti HM, P Ii'3 im sk.IFFQi..K COUNTY Pruseiit:Hon NavE:mtrer 2 t1 a�9 J A(C1c J . CAI PJAVO --__-- MOTION DATE Justico !M — 1'}/�'8/t3y MOTION NO. #_ c ___-......----- CkRMlr'LA L. BORRELLI , Petitioner !ARIE ONGIONI , ESQ. 218 Front Street , P.O.Box 562 -against- Greenport , New York 31944 ChARLES BRIGHAM4I CHAIRMAN , KATHLEEN SIMPSON VICTORIA HEANEY, WENDEL MEALY and VICTORIA ti WENSEN , CONSTITUTING THE VILLAGE OF S AZ'7'. GREENPORT ZONING BOARD OF APPEALS, SUFFOLK arra lFtESP COUNTY, NEW YORK, JOHN J . MUNZEL, ESQ . Respondents 548,Roanolte4 Avenue 11901 Riverhead, 1� 1 read on this motion ,.—___-.--.---. .-.------ upon the following papers numbered I to -...1L_ `e and annul a determination __ - .______— to review___ I _.Lvacate - " ' - Motion --- '1 wl p �,• Notice of Cross N tltc-crf-M-rytram/Order to Show Cause and support rig papers ..._r.._.-. 14 (Ind supportmg papers ; Answering Aff davits and supporting papers ..-._.__......-... - a.5 Other_.,-1.-41 - 2-��r- -.]�_ ; (anti after Replying Affidavits and supporting papers ____ - .-- --- , hea.iny counsel in support of and opposed to the lotion) it is, y Car'rn'1a L. Borrelli to x'zvj c,w, ORDERED that this petition brought by } c" � � ,, ? �, Zoning vacate and annul a determination of ht Tillage of Ur�een ,or. t Board of Appeals is granted. The petitioner is a resident of the Village of Greenport , and she'. 110 . ont Street ocated i'n the Village of Greenport . is the co-owner of 3 'F" the i �y {.. r rr s held beforo Village of Orem orl� „ n On September 27 , y Dicksonkson Zoning Board of Appeals concerning al application of Michael +T, Front and to expand aservice station located an the southeast cornerof Fourth Streets . In 1977 , a variance was issued) and in 197$ a certificate of occupancy to the Strong Oil Company for the operation gas , . ' amended to remove gasoline station. as the ,coning ordinance was s Co . 105 A . D. �li 1074 , } ; ,1e1-�:I . �� , At7.c:Ilt..( JiiCl� '" • j ��Gs,n �t rc allowable u s c' [see., ..--- -- ..+_._..__ , ,. . gasoline 1 v -�:i Appeals a . ' . 2d 380] . According to t ze Zoning Boa.:r'c3 �'='' 1•M . S � AC cc?7 stat'lon is permitted to both sell pe -r'oieum products and maintain a repair shop . ----- _---------- -----�-.-------- .- f rtcrl- __ -- `_. 4__ - --t'Sr( ----- tIIUIIMIIMINNlimmmmmmuh I � ® EXHIBIT B-- Sept. 24 , 1998 ®' J . .- PAGE - 6ARMFLA L. BORRELLI v . CHARLES BR:I THAI , et aloe INDEX NO. 89/22253 ---- -----.-o..__--- ----._ _.--.---..-..---_��^-- If the owners of r-_ -I____ _ _----•---- stopped selling gasoline .d!1 the gas station p� period a!' one year In 1.9for a t station stopped set'viclt'f automobilesc one operations �( tt�e gasoline U -� could not resume op in .audition. to ceasing the sale of g%�ool_�-nor , they �d have lost their non-conforming use as a service station because they wool i - Code §85-200E) ( 1) (d) ]` r „Latus [Village the Village Zoning held beCore e The entire transcript c•,f' the 1't��a 'i,n�; board of Appeals has been provided to the court an ongoing The testimony at the hearing pro -ided no evidence that � gasoline to the motor ve idles or providing, business of t�::lther. repairing � , period of time . .�r, premises ,,or the requisite cd at the pr tet'~ l;ui'; 11 c was conducted indicated that from �ubmL• ted to the Poard fact , the overwhelming evidence ny Of Bob Brown �,.rt;: -�`" at the site/ (Testitrto 1 1985 to 1989 there was no activity Carmela Borrelli) . gasoline al.ir:e stat-ions; Village of Greenport Y need additional law i While the � violence to the »ro r'i.ft'te and illegal to do •1 t �.�, inappropriate open as a nor.-- t•�1.i-,l:�r, �t,� borders , to zoning ordinance by permitting this gasol_i.rte station conforming use . intent to is both an in wi:ert there cnment of a. use occurs , Inc '�` l�ener illy aba.rrd i .f-----L—._-22----'. __...__---- – ' � �>cl C t .Gens ot�I�'s��nt Montauk 1Jc.il,cr , 62 facility [Concern r � and non-US of the l ac i i 1 r_.______ -- -- ordinance b.�,..�;1 �. (] �' However, when the r, .D . 2d 171 , '1014 Y . S . 2d 360] . C - for the discontinuance of the right of non-conforming use for irrelevant ,Yrudco Seals Cox period of time , intent is r. - 60 N . Y . 2d 656 , 1467 N , Y. S . 2d 830] . , ti for the applicant to rebut the it vrou:Lct not have been difficult - , �� ,nrtl;ued f'or statedthe use had been discontinued�c��st.imnrty of the citizens who that than a ear. `/The a plicant could have provided the Board a period of more thanY thole during the critical gime with u valid license for conducting perlodl or he could have � roiuctd the name of the person er bus izf= s allegedly ;ccuPYin the premises . 'Ole te:; cinony thatone repair to ok t: t� o�'z since 1;8�► is unpersuasive . gasoline s y place at the .vitt' of the e, - not be substituted for an that a new use may anrclor , Thecourt also notesT' cls �. CGrr�_;rat; l cr, v it Is similar 1.L'' ' _, ,ui 1 � _ �. old USC lr ere ly because ` 1 iHP 7 E Of 10111 - PACE - (IiR1,,I LA BORfU LLI v . CHARLES BRIQHAT et, als . INDEX NO. 89/22253 27] A. D. 2d 830 , 65 N . Y. S. 2d 646] . The decision of the Greenport tri 1age Board of Appea;.c i vacated and , annulled. SUBMIT JUDGMENT. f 1 1 76( 393 NEW YORK SUPPLEMENT, 2d SERIES . , c%4f• Social Security and Public welfare cg=>8 351.1[b][1] and 352.15[141Th its subsequent ,''•'ri s'i' Where at time of application for home denial of her application, based upon her t,1 relief the local agency failed to inform ap- ownership of an excess amount of life in- plicant that she would have to reduce her surance, was improper. • ; life insurance policies in order to become ,,"*,,,,k. eligible for public assistance, subsequent de- :, " rfi nial of the application on ground of owner- o E KEY NUMBER SYSTEM :4F" na ship of an excess amount of life insurance T was improper. k Louis J. Lefkowitz, Atty. Gen., New York v `,,— 57 A.D.2d 627 .�, il City (Lawrence D. Dicker, Herbert J. Wal- In the Matter of SUN OIL COMPANY -` lenstein and Samuel A. Hirshowitz New V i'l : OF PENNSYLVANIA, Respondent, > '°• York City, of counsel), for appellant. ==4.p, v. ..;_r---�; - Mark H. Spires, Long Island City (Robert ti-;:?=1 .n L. Becker, Long Island City, of counsel), for The BOARD OF ZONING APPEALS OF the TOWN OF HARRISON et rii,:„i5 petitioner-respondent. u' W. Bernard Richland, Corp. Counsel, New al., Appellants. e 4 York City (L. Kevin Sheridan, New York Supreme Court, Appellate Division, : >' City, of counsel), for respondent Dumpson Second Department. eA.4• _ (relying on the brief submitted on behalf of •,fi - appellant). April 25, 1977. ,IA ,',1 Before HOPKINS, Acting P. J., and ,:,§347 MARGETT, DAMIANI and RAEIN JJ. Petitioner brought proceeding pursuant _cm ; to Article 78, inter alfa, to review determi- • r " nation of respondent town board of zoning ,e.---,,,?..e ' MEMORANDUM BY THE COURT. Px: appeals which denied petitioner's applica- ;a- � ` : x In a proceeding pursuant to CPLR article 1.:_-.-',.....•••7e. 78 to review a determination of thea 1- tion for variance, or, in alternative, to de- , „- Ppe raj,,; • Clare certain zoning provision to be void and e.4 lant State Commissioner, dated October 3, unconstitutional as applied to petitioners ;' , , 1975 and made after a fair hearing, which property. The Supreme Court Special == affirmed a determination of the local agen- ,~a; Term, Westchester County, inter alfa an- a1 cy denying petitioners application for a ' ,:),&.).',nulled determination and declared 1974 •' ""M grant of home relief, the appeal is from a ,-rfc amendment to town zoningordinance un- .v A- a judgment of the Supreme Court, Queens ��f: County, dated May24, 1976, which (1) constitutional and confiscatory as applied to ,• ypetitioner's property, and appeal was taken. -'',74.v, granted the petition and annulled the deter- y urination of the State Commissioner and (2) The Supreme Court, Appellate Division,, held that: (1) effect of zoningordinance T directed that petitioner be awarded a retro- _-4,,u2. •, . active grant of public assistance, concerning abandonment, such as town or- �. dinance providing that any prior noncon- „� Judgment affirmed, with costs. forming use which had been discontinued .-k.,'), The local agency offered no evidence at for period in excess of ten months was _ the fair hearing to contradict petitioner's deemed to have been abandoned, is to auto- y;_ testimony that it had not informed her at matically foreclose any inquiry as to own- �iwri° ,,,.S1, the time of her application that she would er's intent to abandon if specified period of ` ` Vi have to reduce her life insurance policies in time is reasonable on its face, as ten months ' s,t0 order to become eligible for public assist- is; and (2) petitioner failed to demonstrate 1 ance. Since the agency failed to provide that it would receive no reasonable return �: N sufficient details to petitioner concerning under permitted use, or that it would re- �M j her eligibility requirements (see 18 NYCRR ceive such low return as to constitute tak- �kg. ® EXHIBIT C - Sept.. 24 , 1998 , c • jc. I -li 1' F-y. 761 a, ya.,-� - SUN OIL . OF 1'A. v. BOARD OF ZONING PEALS '.%4µ.,r. µ.,r.'ti'';, Cite as 393 N.Y.S.2d 760 ` r `;.;;i;;, ing without due process and accordingly, MEMORANDUM BY THE COURT. failed to demonstrate on record that zoning In a proceeding pursuant to CPLR article ‘,-,,,,,,o.= ordinance was unconstitutionally confisca- 78 inter alfa to review a determination of 1t:n.tr . tory inasmuch as it did not prevent petition- the respondent-appellant Board of Zoning .413-Ya, property y purpose Appeals which denied petitioner-respon- , er from usingitsfor an u ose ,,.a=;;,} from which it was reasonably adapted. dent's application for a variance or, in the ,, T t alternative, to declare a certain zoning pro- , Judgment reversed, determination of -„t'*°`a vision to be void and unconstitutional as w = ftown board of zoning appeals confirmed. ,- ,„0„.....,,,...c. applied to petitioner'sproperty, thea eal PP P PP :;i.. - s', is from a judgment of the Supreme Court, , JM,�:_,, Westchester County, entered September 28, ,�- 336 - k 1. Zoning .�,�-::�: 1976, which, inter glia, (a) annulled the e- , '-.- :'. Effect of zoning ordinance concerning termination and (b) declared the 1974 ` ; -4i.-:,G- abandonment, such as town ordinance pro- amendment to the Zoning Ordinance of the ,,. :--- �,�;�„� viding that any prior nonconforming use Town of Harrison to be unconstitutional .4-1.- • which had been discontinued for period in and confiscatory as applied to petitioner's 4 '` :, .''' excess of ten months was deemed to have property. '•• '.` been abandoned, is to automatically fore- Judgment reversed, on the law, with .f M•z% ,-=`=-r• any inquirycosts, determination confirmed; it is de- ni_ close in ui as to owner's intent to r abandon if specifiedperiod of time is rea- .%�• �: , p dared that petitioner failed to demonstrate ,, ,-, , sonable on its face, as ten months is. that the zoning ordinance, as amended, is ., unconstitutional as applied to its property, 2. Zoning X540rAL and proceeding otherwise dismissed on the - Petitioner, owner of property on which merits. r`," : Prior to 1972 petitioner's predecessor-in- automobile service station was located, t :gib_��'; ;' whose application for variance was denied • N interest operated an automobile service sta- si� • on ground that, by virtue of town ordi- tion at the corner of Halstead Avenue and :l, nance, prior nonconforming use which hadt- 7itn-zFirst Street in Harrison, New York. This is .We been discontinued for period in excess of an area of substantial business and coin- ;- ,.• ; k . -, • ten months was deemed to have been aban- property •d }� _4- merce and, at that time, thein failed to demonstrate that it would �s •;�; r doned, question was zoned as a "Commercial Busi- al • ,.'' receive no reasonable return under permit- ness District". While automobile service n- ted use, or that it would receive such little stations were a permitted use in such a l « "5.` return as would constitute taking without district, the owner of this particular service " ' dueprocess, and accordingly, failed to dem-e_ � ��� �.. station would have needed a variance to to 1ti' onstrate on record that zoning ordinance rebuild and improve the existing structure n ,4j2'.t_ was unconstitutionally confiscatory inas- inasmuch as it was within 1,200 feet of ,n, ;a ' - much as it did not prevent petitioner from another service station and had a gasoline ce rusing its property for any purpose for pump island within 25 feet of the curb. In �r_ ,,,,,-1,. which it was reasonably adapted. June, 1972 petitioner'spredecessor-in-inter- 4n- est obtained such a variance to rebuild and W a improve the existing structure. However, .as ,• } °`' Ronald B. Bianchi, Deputy Town Attor- no construction was commenced and the to- -_""'4t' variance lapsed in six months or, approxi- , ney, Harrison, for appellants. mately, in January, 1973. At about this ofm ,.+ivf ' Schwartzreich & Forbes, Larchmont latter date, petitioner acquired title to the the : +'w (George P. Forbes, Jr., Larchmont, of coun- property, but failed to either sell or lease it sel), for respondent. until November, 1975, when a buyer agreed ate q, ?4:���'. irn `�. ;y• ., to purchase it if petitioner obtained a new re- `,: r,.;+r; '4' Before COHALAN, Acting P. J., and variance and permits to rebuild and mod- ak- 'x''' , ' '•= HAWKINS, MOLLEN and O'CONNOR, JJ. ernize the station. During the interim, not .rF� i% r.i f 1, J",, tet; a 762 393 NEW "`)RK SUPPLEMENT, 2d SERIES ' 4-4: • rt' was nogasoline sold or business other- _ y only [2] The petitioner has failed to demon- F wise conducted on the premises, but no strate that it will receive no reasonable tenant was in possession. Furthermore, in return under the permitted use, or that it1 November, 1974 the area was rezoned to a will receive such a little return as would �;" Multi-Family residential district in accord- constitute a taking without due process (see ,4u ance with a comprehensive plan. Petitioner Matter of Otto v. Steinhilber, 282 N.Y. 71, 4:y4ui+ applied for a new variance in accordance 76, 24 N.E.2d 851, 853; Williams v. Town of '1T with its sales agreement. The zoning Oyster Ba 32 N.Y.2d 78, 80-81, 343 N.Y. '00,,,,,,i,Jev y y> board, in May, 1976, denied the application ,:`''_ "`'" Y> PP S.2d 118 120-121 295 N.E.2d 788 789-790). ,��• on the ground that, by virtue of a town It follows that petitioner has failed to dem- :.• T ordinance, any prior nonconforming use onstrate on the record that the zoning ordi- " % f i which had been discontinued for a period in nance, as amended, is unconstitutionally d -Y^ t l excess of 10 months was deemed to have '.°: '`` confiscatory inasmuch as it does not pre- t been abandoned and it was undisputed that vent petitioner "from using his property for '.t- • f the station had been shut down since Janu- anypurpose for which it is reasonably :,,�ati „„ P P 41V ary, mow. Y� adapted" (see Williams v. Town of Oyster -, c Petitioner then commenced the instant Bay, supra, at 81, 343 N.Y.S.2d at 121, ' ;f . 295 N.E.2d at7 x�"F°i:. F. proceeding. Special Term held, inter alia, p. 90)• i, ,i: that no abandonment of the prior noncon- ".' forming use had taken place owing to the a: ti lack of the petitioner's intent to abandon, o E KEY NUMBER SYSTEM Y and that the zoning ordinance, as amended, T "_, was unconstitutionally confiscatory. We disagree. "" [1] Special Term failed to appreciate k £"k (, 57 A.D.2d 626 . f that the effect of an ordinance concerning7-- In the Matter of MARGARITA rM abandonment, such as the one in the instant *a case, is to automatically foreclose any in- S. (anonymous). � �:.,x�: quiry as to the owner's intent to abandon if MARGARITA S. (anonymous), Appellant, ,;x'7;'7` the specified period of time is reasonable on Fa its face (as 10 months is). (See Matter of V. ; i` Franmor Realty Corp. v. Le Boeuf, 201 DEPARTMENT OF SOCIAL SERVICES ',; Misc. 220, 104 N.Y.S.2d 247, affd. 279 App. OF ROCKLAND COUNTY, Respondent i, Div. 795, 109 N.Y.S.2d 525, mot. for lv. to �' d app. den. 279 App.Div. 874, 110 N.Y.S.2d Supreme Court, Appellate Division, 10' t 910; accord Gauthier v. Village of Larch- Second Department. �.24N P ,', ,a� a yam` mont, 30 A.D.2d 303, 306, 291 N.Y.S.2d April 25, 1977. 584, 587, mot. for lv. to app. den. 22 N.Y.2d =tri` o 646, 295 N.Y.S.2d 1028, 242 N.E.2d 494; h u t Village of Spencerport v. Webaco Oil Co., Natural mother instituted proceedings "5._5 ; t• ty., 33 A.D.2d 634, 305 N.Y.S.2d 20.) Further- to regain custody of two children, who were * *, •„, o more, Special Term's reliance upon Matter removed from her on finding of permanent '10 • =F r of Hanna v. Crossley, 40 A.D.2d 577, 334 neglect. The FamilyCount Rockland ,,:4• - -.., b g Y+ {=: N.Y.S.2d 443 is misplaced, inasmuch as the County, dismissed proceedings, and the .sefit, ' Fourth Department therein very clearly mother appealed. The Supreme Court, Ap- • � , f held that, under the circumstances, an pellate Division, held that where mother '`- :,: f abandonment had occurred by operation of was represented by counsel in permanent : . t a similar ordinance. However, the record neglect proceedings and attended all but . • _,, Fr , r in Matter of Hanna sustained a further one hearing and formal adoptions had since 4 " ;, c finding that petitioner was entitled to a been consummated the mother had no right, T` : i.;_ b variance de novo. some two years later to seek to regain ` , 830 , 467 NEW _`\)RK SUPPLEMENT, 2d SERIES '\, 60 N.Y.2d 654 J Ff 60 1 455 N.E.2d 483 The determination of an application to T ar, file a late claim pursuant to subdivision 6 of �'`.w• A 60 N.Y.2d 654 S. section 10 of the Court of Claims Act is ,, Ap , 54 1Pearlina INNIS et al., Appellants, .-� within the discretion of the court below. ., of V• (Bay Terrace Coop. Section IV v. New York le STATE of New York et al., Respondents, State Employees' Retirement System, 55 "in?' a m et al., Defendants. N.Y.2d 979, 981, 449 N.Y.S.2d 185, 434 ;= w N.E.2d 254.) Absent an abuse of discretion, = � Court of Appeals of New York. M not present here, that determination is non- Sept. 20, 1983. reviewable by this court. (Cohen and Kar- ,4*- ger, Powers of the New York Court of fes, . Appeals [rev.ed.] pp. 353-354 368-369.) "` 1 Appeal was taken from an order of the �„ Supreme Court, Appellate Division, Second _COOKS, C.J., and JASEN, JONES, 152 WACHTLER, MEYER and SIMONS, JJ., t: Judicial Department, 92 A.D.2d 606, 459 concur. •''- ' = g N.Y.S.2d 799 which reversed an order of the -.-1,-.--.,,,T=`= Court of Claims, Leonard Silverman, J., On review of submissions pursuant toa rule 500.2 b of the Rules of the Court of : ` t granting claimants motion for leave to file ( ) t Appeals (22 NYCRR 500.2 order af- , late claim under Court of Claims Act. The pp [g])� " '�' b firmed, with costs, in a memorandum. ' , Court of Appeals held that determination ofi. an application to file late claim pursuant to '`z" I Court of Claims Act section is within discre- w tion of Appellate Division, and absent an O E KEYNUMBERSYSTEM 2 abuse of discretion, that determination is T nonreviewable. ;. ; Affirmed " ( ! / 455 N.E.2d 483 � `-�'' ' ' States 184.9, 184.42 V F Determination of an application to file 60 N.Y.2d 656 r^ In the Matter of PRUDCO REALTY656 ';3is' late claim pursuant to Court of Claims Act J"' O' �. CORP., Respondent, "'`. . section is within discretion of Appellate Di- _g-" . vision, and absent an abuse of discretion, v. , f j f^ that determination is nonreviewable by Gerald E. PALERMO et al., Constituting m 3 4 Court of Appeals. McKinney's Court of the Zoning Board of Appeals of the ;Y ' Claims Act § 10, subd. 6. Town of Brookhaven, Respondents, Vii: and 4:-* t� 1255 ,.Neil H. Kessner and Debra B. Di Cicco, S.F. Shopping Center, Inc., ". New York City, for appellants. Intervenor-Appellant. '.'.;-0' Robert Abrams, Atty. Gen., New York ; s,;;. City (Wayne Court of Appeals of New York. 7" J. Keely, New York City, of ?d,,+ca,i counsel), for respondents. Sept. 20, 1983. °4- �57 OPINION OF THE COURT 'tc- In Article 78 proceeding to review de- k•, „ : MEMORANDUM. termination of town zoning board of ap- r_t;'. On review of submissions pursuant to peals granting application for certificate of rule 500.2(b) of the Rules of the Court of existing use for operation of gasoline ser ''4-. Appeals, 92 A.D.2d 606, 459 N.Y.S.2d 799, vice station, the Supreme Court at Special ' n' (22 NYCRR 500.2[g]), order affirmed, with Term, Suffolk County, Paul T. D'Amaro, J., `'': . costs. a Il ' ' �o annul determination x, — EXHIBIT D 't - Sept. 24, 1998 ®1 g'"n-;�:: `_, �A -_- i'.2d 654 ;y ': 60 N.Y.2d 658 PRUDCO REALTY CORP. v. PA _ MO 831 Cite as 467 N.Y.S.2d 830 (Ct.App. 1983) t and appeal was taken. The Supreme Court, OPINION OF THE COURT .tion to :; t ' ;4. ` y' °-' Appellate Division, 93 A.D.2d 837, 461 N.Y. ion 6 of '• MEMORANDUM. Act is S.2d 58, reversed. On appeal, the Court of The order of the A ellate Division, 93 below. �rwF'�` Appeals held that: (1) intervenor waived its pp objection to petitioner's standing to chal- A.D.2d 837, 461 N.Y.S.2d 58, should be af- w York - ,'. ,_ firmed, with costs. ". lenge board's determination and (2) deter- em, 55 ,_; ., J mination of town board of appeals 5 434 ' zoning PP [1] Petitioner commenced this article 78 ' -x ', was not supported by substantial evidence. proceeding to review a determination of the ;retion, 411 is non- 5; Order affirmed. zoning board of appeals (Board) that grant- d Kar- - .4 :" ed an application of the intervenor-respon- •d of �:, dent-appellant, S.F. Shopping Center, Inc., ;,°�` for a certificate of existinguse for the 8-369.) :r^ 1. Zoning and Planning 571 nr • ; operation of a gasoline service station. S.F. ONES, -i , In proceeding challenging determine- Shopping Center, Inc.' interposed its answer S, JJ., 9 , tion of zoning board; of appeals which ;3hx ,r_ granted certificate of existing use for oper- on August 20, 1981, without asserting the petitioner's lack of standing to challenge in- ant to - 7.1 ation of gasoline service station, where in- the Board's determination pursuant to x, tervenor failed to assert in its answer ti- [ ] par. ) •urt of fi' ' CPLR 3211 (subd. [a], 3 . Inasmuch as er af- tioner's lack of standing to challenge CPLR 3211 (subd. [e]) provides that such a -2.',0 " board's determination, intervenor waived �x defense is waived if not raised either by 1,-6v, . its objection to petitioner's standing. _,-,,tib• McKinney's CPLR § 3211(a), par. 3, (e), motion or in the responsive pleading, S.F. '-, ' Shopping Center, Inc., must be deemed to 2. Zoning and Planning <646 have waived its objection to petitioner's N • In proceedingto annul zoningboard of standing. We note parenthetically that ���„' , -= �-� - appeals' determination granting intervenor only the respondent board of appeals filed certificate of existing use for operation of an amended answer pursuant to CPLR 3025 tlP gasoline service station, determination was (subd. [a]) and no standing objection was if .- raised there either. not based on substantial evidence, in view 36. . of town ordinance provision that whenever [2] With respect to the Board's determi- ATY j15 conforming use has been discontinued, nation that the nonconforming use had not r§ abandoned and not used for period of one been abandoned, we note that the Brookha- - n bre year, such use shall not thereafter be estab- yen ordinance provides that " whenever a Sgt lished, and in view of fact that gasoline nonconforming use has been discontinued, utin � g -1,2-1_,..,y pumps had been removed and building on abandoned or not used for a period of one the F ' subject premises was used as tobacco shop (1) year or more, such use shall not there- :s, . ;4”: for more than one year before it became after be reestablished and any future use k.,;, vacant; furthermore, property owner's in- shall be in conformity with the provisions of M= tent, owner's lease with tenant and pres- this ordinance." (Code of Town of Brook- , ,: ence of underground storage tanks was not haven, § 85-431, subd. A, par. [5] [emphasis enough to demonstrate property was used added].) Thus, the property owner's intent, f as gasoline service station. the owner's lease with the tenant and the =r.•z° 7?< • presence of underground storage tanks is _ � simply not enough to demonstrate that the _nt't X57 William A. Wismann, Riverhead, for in- 1Property was used as a gasoline service X58 � l tervenor-appellant. throughoutp q ~�Y :: station the erlo m uestlon. v de- w,aN , ,; '': Ind�, the respondents conceded at the ? op- "� Floyd G. Grossman, ,Carle Place, for to of -11, ,1:: Prude° Realty Corp., respondent. hearing on this matter that the gasoline "", pumps had been removed and that the ser- ,, ;� . P P ' "``t"LPatchogue, building premises was used as a ecial4 Martin J. Kerins, and Sherri on the -'° # Ann 0, J, : 832 467 NEI )RK SUPPLEMENT, 2d SERIES 60 N.Y.2d 658 r that the Board's decision was not based on understanding to purchase ambulance with i,r, substantial evidence. (See 300 Gramatan fire district's capital reserve funds, it corn- . !, , ^`" Ave. Assoc. v. State Div. of Human Rights, mitted an ultra vires act; thus, not even on ,'3,- ;,dty 45 N.Y.2d 176, 408 N.Y.S.2d 54, 379 N.E.2d grounds of estoppel, was ambulance corpo- 1183.) ration entitled to accounting and other eq- , ��, r-: uitable relief. M'"1' ' W1^i COOKE, C.J., and JASEN, JONES, Affirmed. „: '',- WACHTLER, MEYER and SIMONS, JJ., '.- .' concur. °` Estoppel a=62.4 -4 On review of submissions pursuant to pp ,-.: r; Municipal Corporations a�254 1,'. rule 500.2(b) of the Rules of the Court of P P �4== -�,: Appeals (22 NYCRR 500.2[g]), order af- If fire district entered into any express , w�44.. firmed, with costs, in a memorandum. and/or implied understanding to purchase m, ambulance with fire district's capital re- ;ti;w 26. serve funds, it committed an ultra vires act; ; ,;^ o WE KEYNUMBERSYSTEM .,, thus, not even on grounds of estoppel, was r� T ambulance corporation entitled to account- �, in and other equitable relief. McKinney's � 1_ General Municipal Law § 6-g, subd. 11. t 455 N.E.2d 485 P C for jRobert N. Isseks, ., Middletown, J161 f' =�` 60 N.Y.2d 660 �;?" .116o 1-Michael KELLY, etc., et al., Appellants, appellants. : -=::,; John B. Cameron, Goshen,for respondent. ` `'` V. 6:-"-rftr: The CHESTER FIRE DISTRICT, OPINION OF THE COURT :' etc., Respondent. . "' ` On review of submissions pursuant to �•,r,y Rule 500.2(b) (22 NYCRR 500.2[g]), order :;7-_, Court of Appeals of New York. -N,4,--, affirmed, with costs. We agree with the Sept. 20, 1983. Appellate Division, 95 A.D.2d 799, 463 N.Y. • ,:x S.2d 518 that the acts here challenged are r.-71,,,- ,- In equity action seeking judgment ultra vires and that the plaintiffs are not -a•l against fire district for accounting and for entitled to relief under general equitable , -,; other relief, fire district cross-moved for principles or the doctrine of estoppel. .r;;:, L� order dismissing complaint. The Supreme JONES, .x" � Court, Orange County, Irving A. Green, J., COOKE, C.J., and JASEN, . ; 116 Misc.2d 334, 455 N.Y.S.2d 312, granted WACHTLER, MEYER and SIMONS, JJ., M1 _ .. motion with respect to all but cause of concur. u-r,- violation of express or im- ,, T' action alleging p �';�;. plied understanding, and fire district ap- _ "_ pealed. The Supreme Court, Appellate Di- 0 3 KEYNUMBERSYSTEM _v^_s vision, 95 A.D.2d 799, 463 N.Y.S.2d 518, ,--,4---,,-- reversed. The Court of Appeals, on review ;=° ' of submissions, held that if fire district en- a tered into any express and/or implied ',1-;: ,-- .,z,_:: I �4j 58 461 NEW i ARK SUPPLEMENT, 2d SERIES `" ' A Before TITONE J.P. and LAZER, v' 93 A.D.2d 837yy t' €.:f.,KdsW,. WEINSTEIN and BOYERS, JJ. In the Matter of PRUDCO REALTY f3 11 ' CORP., Appellant, MEMORANDUM BY THE COURT. i `"}+`+'} o v.In a juvenile delinquency proceeding, the '� , g Gerald E. PALERMO, Chairman et e z appeal (by permission) is from an order of = . e al., Respondents; 5i_4; ;;,,-_ the Family Court, Rockland County, dated k,_�r November 15, 1982, which denied the juve- S.F. Shopping Center, Inc., ;71,; c. nile's motions to dismiss the petition and for Intervenor-Respondent. o- 'tpn•- k discovery. `q'"`,,, Supreme Court, Appellate Division, V." ` Order modified by deleting theprovision Second Department. -0;• denying the motion for discovery and sub- Aril 11 1983. ` ,- ��� .,. stituting a provision granting that motion. P E ,. � As so modified, order affirmed, without ru-;;Yr-..sr costs or disbursements. Respondent's time trig,. to comply with the granted discovery is In Article 78 proceeding to review de- �,-:,- ,. c termination of town zoning board of op- ,-'w • f t extended until 20 days after service upon itAlp =7:M peals granting application for certificate of , of a copy of the order to be made hereon, existing use for operation of gasoline ser- Y� ;: with notice of entry. ,',.--v,;;:''' n vice station, the Supreme Court Suffolk .-,,. County, D'Amaro, J., dismissed the proceed- ,,, -. [1-3] Appellant should be permitted dis- :'` Si covert' of the scientific evidence despite his ing. On appeal, the Supreme Court, Appel- late application (see CPL 255.20, subd. 1). late Division, held that: (1) owner of prop- . ;�eJn,, PP g" erty located within 200 feet of subject gYa N We note that it was error for the Family ��"' premises was an aggrieved person on whom �'--.i1- ° Court to denyappellant's motion to dismiss `'°` .,w PP subdivision of section of Town Law con- the petition based solely on timeliness, with- ferred right to seek judicial review of deter- '' `,' out consideringthe merits of the motion. •' urination of zoning board, and (2) determi- �: • of A valid and sufficient accusatory instru- nation of zoning board granting certificate , . dt ment is a nonwaivablejurisdictional prereq- ;.,,.<:, P q of existing use was not supported by evi- „,,F,,,,:- o; uisite in a criminal proceeding (see People dence. '..�.µ.- v. Hall, 48 N.Y.2d 927, 425 N.Y.S.2d 56, 401 F"• "•''I'_Zz-- N.E.2d 176; People v. Case, 42 N.Y.2d 98, Reversed. .,m e rt.� 396 N.Y.S.2d 841, 365 N.E.2d 872; People v. uv;"'j4'' Harper, 37 N.Y.2d 96, 371 N.Y.S.2d 467, 332 1. Zoning and Planning Cm571 i`' '-`"-; N.E.2d 336), and the rule must be applied to Owner of property located within 200 " ` P P YK.7-7774t.,;:: lh delinquency proceedings (cf. Matter of feet of subject property was an "aggrieved '- Isaac W., 89 A.D.2d 831, 453 N.Y.S.2d 432). on whom subdivision of section of �= fr However, since the instant petition was suf- person" • P, Town Law conferred right to seek judicial t: - Si ficient (see People v. Cohen, 52 N.Y.2d 584, "'",- Preview of determination of town zoning pig-_ w 439 N.Y.S.2d 321, 421 N.E.2d 813),, it is `".7i. board granting application for certificate of =y,' unnecessary to remit for further considera- existing use for operation of gasoline ser- t`�'3=°�- tion of the issue. A , ` vice station. McKinney's Town Law § 267, 1-r subd. 7. ? :• ti See publication Words and Phrases ""'t .'i;: for other judicial constructions and _ ';' al= w definitions. : ;y O $KEYNUMBERSYSTEM "' '-'4-,;17--- 2. y""`� 2. Zoning and Planning X 646 3;,- P( 1Nj- st Evidence showed that subject premises `;os ;, - _ : .k r to i I had not been operated as gasoline service ....-4'''‘,54-1---;---�= ® EXHIBIT E - Sept. 2 4 , 19 9 8 ®I station for period of at least four ears anda . 's' t "59; _ _ _-__ __ ___-- —_ _ _____ __— —�I -- ••--4x�- • --- [i.9 Vii; ri d(`^ ; ` _.f'PRUDCO REALTY CORP. v. PAL-...:1110 59 ''' ; Cite as 461 N.Y.S.2d 58 (A.D.2 Dept. 1983) ,.:4 zhad been leased to parties,who used them in of section 267 of the Town Law conferred 4 .Z:,' conformity with provisions of town's zoning the right to seek judicial review of the ,•0.,t4ordinance, and therefore town zoning board determination of the respondent Zoning sx of appeals was not supported by evidence in Board of Appeals of the Town of Brookha- .,• granting certificate of existing use for op- yen (Lashins, Inc. v. Griffin, 132 N.Y.S.2d ii eration of gasoline service station on that 896; Bayport Civic Assn. v. Koehler, 138 :;'*sa�; property; owner's intent!to maintain non- N.Y.S.2d 524; Matter of Gerling v. Board � conforming use was irrelevant, rather, such of Zoning Appeals, 11 Misc2d 84, 167 N.Y. use had been abandoned as a matter of law. Std 358, revd. on other grounds 6 A.D.2d- ; `, 247, 176 N.Y.S.2d 871; Matter of Holowka e- . a' v. Zoning Bd. of Appeals of Town of °� Dollinger, Gonski & Grossman, Carle Greece, 80 Misc.2d 738, 364 N.Y.S.2d 403; r' Place (Matthew Dollinger, Carle Place, of Matter of Manor Woods Assn. v. Randol, 29 'V": counsel), for appellant. n iA.D2d 778, 287 N.Y.S.2d 734; Matter of Martin J. Kerins, Towns Atty., Patchogue Tuxedo Conservation & Taxpayers Assn. v. i 4 (SherriAnnof counsel) ' ;��'' Levy, Hauppauge,a PP g > Town Bd. of the Town of Tuxedo, 69 A.D.2d ;4 for respondents. � y r,. •, Po 320, 418 N.Y.S.2d 638; Freundlich v. Town ,~ if Davidow, Davidow, Weisberg & Wis- Bd. of Southampton, 73 A.D.2d 684, 422 ,, r. mann, Patchogue (William A. Wismann, N.Y.S.2d 215, affd. 52 N.Y.2d 921, 437 N.Y. tPatchogue, of counsel), for intervenor-re- Std 664, 419 N.E.2d 342; Matter of Gras- " ,�. ' spondent. mere Homeowner's Assn. v. Introne, 84 ?`=" A.D.2d 778, 443 N.Y.S.2d 956; Glen Head- Before DAMIANI, J.P., and TITONE, Glenwood Landing Civic Council v. Town of a MANGANO and BOYERS, JJ. Oyster Bay, 88 A.D.2d 484, 453 N.Y.S.2d it 41 .:" 732; Matter of Dougla:t2cVoMEMORANDUM BY TE COURT. N.Y.S.2d 830, 324 '' Ina proceedingpursuant to CPLR article N.E.2d 317). i- �, 78 to review a determination of the respon- e 7 -,; dent Zoning Board of Appeals of the Town [2] Special Term erred further in hold- i- U•:41, ,' of Brookhaven, dated June 24, 1981, which ing that the determination of the respon- ri granted the application of the intervenor- dent zoning board of appeals was legally 4 respondent S.F. Shopping Center, Inc. for a correct and supported by the evidence be- ' fore it. The town's zoning ordinance pro- certificate of existing use for the operation -.4 1 of a gasoline service station at the south- vides: "Whenever a nonconforming use has 1 '' '' east corner of Middle Country Road and been discontinued, abandoned or not used a0 ;`+''r; Washington Avenue, Centereach, located in for a period of one (1) year or more, such ed « .'; a J-2 business district, petitioner appeals use shall not. thereafter be reestablished of '° r from a judgment of the 1 Supreme Court, and any future use shall be in conformity ial K ' vt Suffolk County, dated January 15, 1982, with the provisions of this Ordinance." ng ,.t:..; which dismissed the proceeding. (Code of the Town of Brookhaven, § 85— • • of Judgment reversed on; the law, with 431, subd. A, par. [5].) The evidence er- vt. .} showed that the subject premises had not 67 ' . costs payable to petitioner by intervenor-re- been operated as a gasoline service station spondent S.F. Shopping Center, Inc., peti- for a period of at least four years, and had x tion granted, determination annulled and been leased to parties who used them in :,r -; application denied. h - conformity with the provisions of the ordi- `. [1] Special Term erred in holding that nance. Under the circumstances, the own- A; petitioner lacked standing to bring the in- er's intent to maintain the nonconforming ises a •A. • stant proceeding. As an owner of property use is irrelevant, and such use has been vice located within 200 feet of the subject prem- abandoned as a matter of law (Matter of and ises, petitioner was, as a matter of law, an Franmor Realty Corp. v. Le Boeuf, 201 r "aggrieved" person on whom subdivision 7 Misc. 220, 104 N.Y.S.2d 247, affd. 279 App. 7i i i 1 - :' ., tfi. lar 60 461 NEW YORK SUPPLEMENT, 2d SERIES E `` r=" F} YlPtr Div. 795, 109 N.Y.S.2d 525, mot for leave to education of the city of New York and ; ; ;,- app. den. 279 App.Div. 874, 110 N.Y.S.2d other respondents properly refused disclo- 4 �, K�z. c 910; Matter of Jahn v. Town of Patterson, sure of the requested material. kin% 41 r 23 A.D2d 688, 257 N.Y.S.2d 639; GauthierJudgment affirmed insofar as appealed ,▪47:,:, v. Village of Larchmont, 30 A.D.2d 303, mot from. '�- ' for Iv. to app. den. 22' N.Y.2d 646, 295 �;�.i>iT;F`;s ( N.Y.S.2d 1028, 242 N.E.2d 494; Spencerport Guy James Mangano, J., filed an opin- fctt i.,; ion dissenting in part. 41.t. k ' v. Webaco Oil Co., Inc., 33 A.D.2d 634, 305 fi ?A t N.Y.S.2d 20; Baml Realty, v. State of New "• `yam'z York, 35 A.D.2d 857, 314 N.Y.S.2d 1013• ?- L''' „ ' Records c57 x .Kt 40 A.D.2d 577, �E ..., :,- Matter of Hanna v. Crossley, �w,r, Ng,,. 334 N.Y.S.2d 443; Matter of Sun Oil Co. of Request of public education association �,y,,.;_%: -..;,,,,,.1,,.v.i : for access to validity studies and job analy- - Pa. v. Board of Zoning Appeals of Town of sis prepared by board of examiners of New t. Harrison, 57 A.D.2d 627, 393 N.Y.S.2d 760 ' 3 d. affd. 44 N.Y.2d 995, 408 N.Y.S.2d 502, 380 York City school board in connection with A---.— ;;- r�Jr..>,i�z, N.E.2d 328). Thus, the respondent zoning certain specified examinations was properly iLl; I- I denied under Public Officers Law provision Mkt* t board of appeals was without power to i-,v,';" for privilege for certain interagency or !ki' ` t grant a certificate of existing use for the �4; ,A.{, t intraagency materials. McKinney s CPLR z },. operation of the subject premises as a gaso- FA;. 7801 et seq.; McKinney's Public Officers : ,_:... line service station, and its determination 4 ;: Law § 87, subd. 2(g). ST.:ww_ was erroneous as a matter of law. In con- r.. . sequence, the judgment must be reversed, aA;r, ' the petition granted, the determination an- w - >, nulled and the application denied. John D. Gorman, New York City, for .;,s;, ,;.; appellant. `;{`' .'f'` w Frederick A.O. Schwarz, Jr., Corp. Coun- ; 0 S KEY NUMBER SYSTEM sel, New York City (Leonard Koerner, Caro- ',, T lyn E. Demarest and Michael S. Adler, New :_y fti York City, of counsel), for respondents. z ,--,—,-.,,T.,% ,- 93 A.D.2d 838 "1`' = Before DAMIANI, J.P., and MANGANO, i4: - In the Matter of PUBLIC EDUCATION Ls=xt'`` • �r- ASSOCIATION, Appellant, THOMPSON and O'CONNOR, JJ. =1; v. MEMORANDUM BY THE COURT. 1 '..:t;': t The BOARD OF EXAMINERS OF the In a proceeding pursuant to CPLR article 1%,25_75,_ a., - BOARD OF EDUCATION OF the CITY 78 in which petitioner seeks, inter alia, ac- ' k OF NEW YORK et al., Respondents. cess to validity studies and job analyseslir,45,, Supreme Court, Appellate Division, prepared in connection with certain specs- tl9Y Y x;�. Second Department. fied examinations, petitioner appeals from kt,,:,r--.,,___ so much of a judgment of the Supreme _{;,;x.- April 11, 1983. Court, Kings County, entered July 14, 1981, t i 1.- as denied it access to said materials. pi,.--1..-,,.!,. affirmed insofar as appealed :'';,& In an Article 78 proceeding petitioner, Judgment , `�;����'"- a public education association, sought access from, with $50 costs and disbursements. �c .V,i, to validity studies and job analysis prepared Respondents acted properly in refusing to .., exami- disclose the requested material (Public Offi- - in connection with certain specified q _3UY.; , nations. The judgment of the Supreme cers Law, § 87, subd. 2, par. [g]; Matter of , Court, Kings County, Pino, J., denied ac- McAuley v. Board of Educ., 61 A.D.2d 1048, ,1:�L-,- cess. On appeal by the association, the 403 N.Y.S.2d 116, aff'd, 48 N.Y.2d 659, 421 ,,,,,,,,,y,-- 4i.,_,,-, Supreme Court, Appellate Division, held N.Y.S.2d 560, 396 N.E.2d 1033; Matter of �T"r.�s3,td_X,n; that the board of examiners of the board of Miracle Mile Assoc. v. Yudelson, 68 A.D.2d �� . • . r.rr,nYn.r r+...J4 or.+ ww.... - .`.....r.r...�.a.�- .'lM• 4\Y.1f.Un0 - r MAY i 91981 SMITH, 1'INRELSTEINIC, LUNDBERG, ISLER AND YAABOSKI• ib BLDG. DEPT. 456 GRIFFING AVENUE, CORNER OF LINCOLN STREET TOWN OF SOUTHOLD P. O. BOX 389 II ownU DI FINKELSTEIN RIVERHEAD, N.Y. 11901 PIERRE 0 I.UNDBERG FRANCIS .J.YAKABOSKI (516) 727-4100 FRANIC A.ISLER REGINALD C.SMITR SUSAN POST ROGERS 1926•1980 May 18, 1987 Victor Lessard, Administrator Southold Building Department Town Hall Southold, New York 11971 Re: People v. Schroeder Dear Victor:. I am enclosing herewith a photostat of a memorandum I have given to the Town Board reporting to them the outcome of the above referenced matter. The purpose of this note is to indicate to you that the future of this particular parcel is one which must be watched very closely. I think that the correct position for the Town to take is that the service station use which had been granted by the Board of Appeals ;many years ago has been abandoned, and accordingly, the only proper uses of the premises at the present time are those uses which may be set forth fn our zoning ordinance for the zone in' which the premises are situate. Very truly yours, Lir FRA I J. YA ABOSKI FJY;dkw enc. ® ®I — EXHIBIT F - Sept. 24 , 1998 I - APPEALS BOARD MEMBERS , Z s: ams rrw �' ; '"*i � SCOTT L. HARRIS Gerard P. Goehringer, Chairman ��®� ,{ '�� 4 �` Supervisor Charles Grigonis, Jr. Serge Doyen, Jr. 4":""r ,�i���, Town Hall, 53095 Main Road 000 oil,1 P.O. Box 1179 Joseph H. Sawicki Southold, New York 11971 James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 TO: Harvey Arnoff, Esq. Town Attorney Matthew Kiernan, Esq. Assistant Town Attorney FROM: Zoning Board of Appeals, DATE: July 25, 1990 RE: Appl. No. 3895 - Robert & Ethelle Schroeder The application of Robert and Ethelle Schroeder was filed on November 27, 1989 for a Variance for a reversal of the building inspector violation notice, for change of use of land and the existing building without obtaining a Certificate of Occupancy. This Board held a hearing on February 1, 1990. We then recessed this hearing without a date till Mr. Schroeder could be reached, as at this time, he was out of town. Our next hearing was held on May 30, 1990. Mr. Bressler, as instructed by his client, withdrew this application without prejudice. It has been brought 'to this department' s attention that the applicant may intend to remove the existing tanks (its prior use was as a service station), and install new tanks. There exists the possibility that this particular parcel has lost its conformity and therefore should not be permitted to use this parcel as it had preexisted as a service station. NINEIMEMilk IV? EXHIBIT G - Sept. 24 , 1998 17 c r r , n f Lei\ Jr i-frk(trC),ci `�NJC',ui cv 6e1,47,_, Z'7� , !_Z r +U �7 `t� �FCII`,�`/CI-- SUFFOLK COUN'T'Y DEPARTMENT OF HEALTH SERVICES , Office of Environmental Engineering & Pollution Control ' N.Y. State CRR Part 230 and S.C. Sanitary Code Article 12 �,i��T;;, LJ���,, Gasoline Station Inspection Form <(� 77_ , .y.7 ;' • N1:1ame acility No. Street Comm. 7`Phone-No:-- facility Owner No. Street Comm. Phone No. 1i I/ �q 1% 61 Phone No. i�cility aeicr-- _ )o l- O cr�`"p V ,,- rv-x Street c) �_.. 1-1 U Land Owner No. Street Comm. Phone No. I, I // Tank/ /Owner No. Street Comm. Phone No. 7 Facility I.D_ Air Number: ? 3 2 0 D IZ s / Certificates: YES NC' Exp., Dte. : Permits: Tanks Registered: YES NO ' Reg. Number: I Exp. Date: _l , i ( G OI Tax No. Dist. Sec. 3 Block ,CI:Lot .� l I -I Map Quad Gasoline Annual Throughput: How Determined: (If ,a,-nual throughput / ' not available) : Date of Last Delivery: /L('L WVolume (gal) : CJI�JE7(9 �J C,jr S ed: Unleaded: Reg Leaded:/4)/ J ) . I Approximate Frequency of Delivery: C Brand of Fuel Displayed: + Fuel Distributor: 6,1e7 er` eft c r H L' t31 L Number of nozzles: '3 Type of Controls Tank Tank Type of Date Tank lAbove/ , 2 Point Submerged No ID Capacity Fuel Installed Below System Co-Axial Fill Contro 7, g.o (Fp 0j)R- 3 'iso o �-z— �4 - --F21, I i/ 4 Sod ,/ �tc�5�(„ �7I � I *-) 0° V i 10)1 ii- ,use-- 13 /0 I — �- � 9d. 1 AJb/ se((/�. f, C) .CS L( avy- -- t /mac '! ,;` S � �_S .s 1 `' 1 . 1 1 I I : f . 'nsrnctors game: �S'7zZCc-f: r4111-1 Inspection Date: I T2c- R ® ® . 7 EXHIBIT H - Sept. 24 , l998® i _........ttFa4tS�S•�'ACe"•.."."'•�•eenea..vf..+.u*+-... • • COUNTY OF SUFFOLK 17 Niv�?, ..:14e;f1 PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF HEALTH SERVICES DAVID HARRIS. M.D.. M.P.H. COMMISSIONER April 17 , 1989 Sound Shore Excavating Service Stars Road - PO Box 159 E . Marion, New York 11939 Attention: Robert Schroeder Re : Tax Map #1000-35-5-4 Gentlemen: On April 12 , 1989 , an inspection of the above-referenced property was performed by Madeline Feindt in order to determine your compliance with the Suffolk County Sanitary Code . This inspection revealed thepresence of 3 abandoned underground gasoline storage tanks . These tanks have not been abandoned as per Article 12 and are therefore in violation of Article 12 Section 1210 (c ) . In order for you to correct this violation , these tanks must be properly removed from the ground under the supervision of this office . You are directed' to contact John Gladysz at 451-4631 for an appointment to perform this work. Your failure to respond and correct this violation within two weeks may result in legal action against you as property owner. If you have any questions regarding this correspondence , please feel free to call me . Sincerely, Eric Jou gblood, Senior Public Health Sanitarian Inspectional Services Office of Environmental Engineering, & Pollution Control EJ: jw cc : J . Gladysz W. Lahti I 1 15 HORSEBLOCK PLACE ■ FARMINGVILLE. NEW YORK 11738 ■ 1516) 451-A6 09;,2.1/98 THU 11:15 FAX 8542503 qt002 a ter****************************FACILITY FIELD INSPECTION FORM'******************rtrrrr*** Page 1 09/24/98 Facility Owner SOUND SHORE EXCAVATING ISOUND SHORE SERVICE PO BOX 159 PO BOX 159 EAST MARION NY 11939 (516)477-1870 EAST MARION NY 11939 (516)477-1870 1000 35.0 5 4.0 Reg NO 10-0139 ff I File Ref No 10-2615 i Fac Op Issued 09/01/98 for 12 Months 1 I I I_ ; TNK LOCATION VOLUME CONTENTS TANK OFF D ISSUE DATE INSPECTION No MATRL USE DATE RMVD CODE / DATE ====_ _____= _=_ __=__== __ --_ 1 UNDER OUT 4000 GASOLINE PLNSTL 90REM 09/27/90 P1 1 I 1 I I 1 i i 09/18/96 2 UNDER OUT 2000 GASOLINE PLNSTL 90REM ' 09/27/90 P1 1 I I I I I_ I 09/18/96 3 UNDER OUT 2000 GASOLINE PLNSTL 90REM 09/27/90 P1 I I I I l 1 1 1 I 09/18/96 1 I I I_ I I I I I I 4 UNDER OUT 3000 #2 FUEL OIL PLNSTL 90REM 09/27/90 P1 I I 1 1 1 1 I i I 09/18/96 I I 1 1 1 1 5 UNDER OUT 4000 DIESEL DWFRP ' NI P1 I I 1 1 1 -I- 6I I 09/18/96 UNDER OUT 6000 GASOLINE DWFRP NI P1 I I 1 1 _ i i 09/18/96 7 UNDER OUT 6000 GASOLINE DWFRP .NI. P1 1 I I I 1 1 I I l 09/18/96 8 ABOVE OUT 1000 DIESEL AGWAY 97P 12/29/92 P1 1 I 1 1 1 1 I I 1 09/18/96 1 I 1 I 1 1 1 I. I ****''*******}** ADD UNREGISTERED TANKS HERE - CONTINUE ON BACK *************** 1 _1 1 1 1 1 I. i l Date of Insp: Name of Inep/Eng Facility Rep: Title: * KEYED ON BY - ***x*****,rpt*********,r,r**************************************** 'v STICE COURT OF TOWN OF SOUTHOLD COUNTY OF SUFFOLK : STATE OF NEW YORK X THE PEOPLE OF THE STATE OF NEW YORK • against INFORMATION • ROBERT SCHROEDER and ETHEL SCHROEDER, Docket No. • Defendants . X ACCUSATION BE IT KNOWN THAT by this Information , CURTIS W. HORTON, a Building Inspector of . the Town of Southold as Complainant hereir 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 land without obtaining 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 Building Inspector of the Town of Southold inspected the premises owned 1 defendants , ROBERT SCHROEDER and ETHEL SCHROEDER, located on the southerly side of North (Main ) Road (State Route 25 ) , East Marion , Town of Southold, New York (Suffolk County Tax Map i EXHIBIT I - Sept. 24 , 1998®I _ I Designation: District 1000 , Section 035 . 00 , Block 05 . 00 , Lot 004 . 000 ) which is located in an "A" Residential and Agriculture District under the Southold Town Zoning Code. During the courE of inspection , Curtis W. Horton found defendants had changed t1 use of the existing building on the premises ; changed the use c these premises; and changed the use of a non-conforming use, from a previously approved gasoline service station granted as Special Exception by the Southold Town Zoning Board of Appeals , on June 14 , 1958 , to a storage area for heavy industrial dquip- ment and materials , without obtaining a Certificate of ' Occupar. from the Building Inspector of the Town of Southold, all contr•.e 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 witl- the sources of the Complainant 's information and the grounds fc 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 directing the defendants , ROBERT SCHROEDER and ETHEL SCHROEDER, to appear before this Court . 7,4---, 4j1/ ` .. Curtis W. Horton , Complaihani Building Inspector Swo to before me this v) 1 day of Nov tuber , 1986 P; :e'647. _ �lC `^�� � Town Justice / Town of Sou hold Suffolk County, New York ie62 c,z-ef- 10 ()a ve/✓crccf a /s- COUNTY sCOUNTY OF SUFFOLK . TOWN OF SOUTHOLD _. _.._ . X TOZ'7N OF SOUTHOLD • Versus • ROBERT SCHROEDER, • ETLHEL SCHROEDER, • Defendants : X May 15 , 1987 Southold, New York BEFORE: HON. FREDERICK J. TEDESCHI, Justice APPEARANCES: FRANCIS YAKOBOSKI, ES?. , Town Attorney 2 MS. PATRICIA MOORE, Attorney for the Defendants O 0 O 0 Z U z Z 0 a 0 U o • Q U z W Myrtle Kiefer , Court Reporter 2 . Conference/Disposition re: Robert and Ethel Schroeder Pages 3 - 11 f 0 LL 0 0 0 2 W Z Z 0 } Q 0 U 0 4 0 Z W a 3 . A This is the matter of the Town of Southold versus Robert Schroeder and Ethel Schroeder held in Southold Town Justice Court on May 15 , 1987 before the Honorable Frederick J. Tedeschi , Justice. THE COURT: Robert and Ethel Schroeder, Number 62 . (Mr, Yakoboski and Ms . Moore before the bench. ) THE COURT: May 29 , Trial Date, peremptorily MS. MOORE: I object. You're not giving him proper time for an attorney. Y THE COURT: You had six months and you could 0 °g have gotten all the attorneys you wanted. i W Everybody ' s in on this case. It has to be 0 resolved and I 'm not going to drag it on. 0 o MS. MOORE: Your Honor, I 'm going to make a a request if it goes to trial that we get another judge, that we ask for another judge. THE COURT: I ' ll deny that application. MS . MOORE: Exception. THE COURT: I 'm not a prejudiced man. Just let's look at those pictures . • • 4 . MS . MOORE: I believe you've had prior deal- ings with Mr. Schroeder? THE COURT: I 've never represented Mr. Schroeder. I have been on opposite sides of the fence with Mr . Schroeder. He's a fine gentleman but like everybody else, we must comply with the law. MS . MOORE ; I 'd just like to make my excep- tion. THE COURT: Your exception is noted, May 29th for trial . MR. YAKDBOSKI: May we respectfully set a time? THE COURT: 11:30 . 4 MR. YAKOBOSKI : May we go off the record? THE COURT: Yes . (Off the record discussion between Mr. Yako- W boski and Ms . Moore and the Court. ) 3 (Continuation on the record) O Q W MR. YAKOBOSKI: I 'm proposing that Mr. Schroeder plead guilty to two of the three counts in the information that is before the Court and that there be a fine and no other type of punishment. A fine totaling ate. 5 . one thousand dollars , and that he immedi- ately remove --- THE COURT: That means like one day or two? MR. YAKOBOSKI : That is immediately, that he remove the crane which is situated on the east side of the building on this premises . THE COURT: It is the east side? MR. YAKOBOSKI: Yes . THE COURT: Toward the Kron property? MR. YAKOBOSKI : Yes . MS. MOORE: For the record, he went out to survey and Kron had no complaints about him F storing property --- x O MR. YAKOBOSKI: Immediately remove the O crane on the east side of the building and z that he remove and not park any of his con- t 0 struction equipment in the front yard of 0 0 this parcel henceforth and that furthermore, the crane which is currently behind the building --- MR. .LiSSARD:. ; Your client must understand that trucks are a part of construction equip- ment. THE COURT: Including trucks . r. 6 . MR. YAKOBOSKI : That the crane which is at the rear of the building, that the boom be lowered to the ground. He knows how to make it safe so not to create a dangerous situation and that be permitted to remain until the 15th of July at which point that piece of equipment is gone, the parcel is never used again. THE COURT: If I may interrupt, Mr. Yakoboski, that's all that was there? MR. YAKOBOSKI : All that was there as of this morning were two cranes and this truck. There were two pick-ups and big dumpsters--- r THE COURT: So, in other words you're really 0 LL saying is to keep one crane in the back pro- s 0 s vided the boom hits the ground, until the 15th at which point that is gone and no other equipment can be there? 0 MR. YAKOBOSKI : Yes . W THE COURT: Are we clear on that? MS . MOORE: I 'm clear. THE COURT: I want everybody to be clear and no misunderstandings . MR. YAKOBOSKI : During that period of time, 7 . barring any breach of this proposal or agree- ment, we will not file any other charges against him for that crane continuing to be there. THE COURT: The date is July 15th? MR. YAKOBOSKI : Yes . May we go off the record? THE COURT: Yes . (Off the record conference between Mr . Yak- ( oboski, Ms . Moore and the Court. ) (Continuing back on the record. ) MR. YAKOBOSKI : Your Honor, after much dis- cussion we are going to put before the Court a proposal to resolve the matter of People 0 versus Robert Schroeder and Ethel Schroeder. 0 n 0 Your Honor, first I have an application that in contemplation of a plea of guilty 0 to two of the three counts alleged in the 0 0 0 information which is before the Court, and that information I don't have a docket num- ber, Your Honor. THE COURT: There it is . (Indicating) I don't know if it' s on there. Take a look. MR. YAKOBOSKI : That at that time, we 8 . respectfully move to dismiss as to Ethel Schroeder and that is as I said, in contem- plation of a plea of guilty to counts num- ber one and two on the information. We would recommend to the Court and the defendant has accepted that there be a fine imposed of one thousand dollars and that further, the construction equipment including the truck currently on the premises which is on Main Road in East Marion; a condition consists of a crane, truck and dumpsters , be removed forthwith. By that we mean no later than Tuesday of this coming week. THE COURT: That is the 19th ? f o MR. YAKOBOSKI: Yes , it should be removed by the 19th day of May, 1987 and that the 8 crane which is the second crane which is on W the premises to the rear building be per- mitted to remain on the site so long as the G boom is lowered to the ground to reduce any visibility from the highway and also may be for safety purposes . THE COURT: That the crane in the rear build- ing, that be permitted to remain till the 15th day of July, after which time on or 9 . before such date it be removed. Therefore no construction equipment including the trucks dumpsters or the like or any construc- tion material --- MR. LESSARD:: Not, "therefore no more con- struction equipment. " Put it after July 15th. MR. YAKOBOSKI : That henceforth commences the 19th. MR. LESSARD: That no construction equipment including construction materials , grading materials, stones , topsoil, sand and the like be stored on those premises . MR. YAKOBOSKI : We also respectfully request the third count be withdrawn. I think it is referred to as count four on the information 0 w but that count be withdrawn and we understand that Counsel has authorization and has talked m _ to her client. 0 0 THE COURT: Just to clarify, maybe summarize so we all understand what it ' s all about and correct me, Ms . Moore and Mr . Yakoboski , if ( I 'm not accurate. The defendant who Ms . Moore is his attorney, agrees to immediately remove one ar. 10 . crane and that' s on May 19 , 1987 , one crane located on the east side of the premises . MR. YAKOBOSKI: Correct. THE COURT: He 's going to remove and not park any construction equipment whatsoever, in front of the premises . MR. YAKOBOSKI: Correct. THE COURT: We 're speaking of May 19, 1987 as the deadline here. The crane in the rear, the boom is to be lowered to the ground and it is to be removed by July 15 , 1987 . MR. YAKOBOSKI : Correct. MR. LESSARD: No other equipment is to be on the premises . Everything is to be gone 0 and to be removed by July 15 , 1987 . MS. MOORE: I don't know what equipment 0 we're talking about. MR. •LESSARD:: Then he will not bring it back. 0 MR. YAKOBOSKI : Not operate a turnstile 0 0 operation. That' s gone as of the 19th. THE COURT: Ms . Moore, pursuant to your wit- ness 's authorization dated May 15, 1987 which has been submitted to the Court and which was (. acknowledged on May 15, 1987 , how do you plead to count number one and count number 11. two on behalf of your client? MS . MOORE: As to Ethel Schroeder, I believe the counts have been dropped. THE COURT: That was dismissed. MS. MOORE: As to Mr. Schroeder, guilty to counts one and two. THE COURT: I notice you have authority in- cluding but not limited to accepting sent- ence and/or fine . How are you going to pay this fine? MS . MOORE : I have a check to pay today. THE COURT: Dismissed as to Ethel Schroeder. So now we need cooperation to carry this out. 0 LL MS. MOORE: He indicated he would do so . 8 S Unfortunately I was not able to speak to Mr. Schroeder. I spoke to Mrs . Schroeder and she said, "Yes . " 0 o THE COURT: Fine. Thank you. • M • v l 12 . 1 CERTIFICATION I , Myrtle Kiefer, Official Court Reporter, hereby certify that the foregoing pages are a true and correct transcript of the Justice Court proceedings held on May 15 , 1987 at Southold Town Justice Court, in this matter. e. /r . Date Myrt1- refer, / Cour Reporter F E 0 0 0 0 0 z W z z 0 a 0 u m a 0 z W -1 SMITH, FINRELSTEIN, LUNDBERG, ISLER AND YAKABOSKI ATTORNEYS AND COUNSELORS AT LAW 456 OI?IFYING AVENUE, CORNER OP LINCOLN STREET P. 0. BOX 389 OWARD H.PINAELSTEIN RIVERHEAD, N.Y. 11901 • PIERRE G LUNDBERG `TRANCIS J.YAHABOSHI (516) 727-4100 REGIT:ALD C SMITH TRANR A.ISLER / SUSAN POST ROGERS 1926 1983 May 18 , 1987 Town Board Town of Southold Main Road Southold, New York 11971 Re : People v . Schroeder Gentlemen: MEMORANDUM This memo is for the purpose of informing the Board of the outcome of Friday' s court appearance with respect to the above referenced matter . Mr . Schroeder interposed the plea of guilty to two of the three accusations which had been lodged against him and his wife, Ethel . The violations related to the use of premises owned by Mr . and Mrs . Schroeder on the southerly side of North Road at East Marion. The charges against Mrs . Schroeder were dismissed on our application. Mr . Schroeder paid a fine of $1, 000 . 00 ; and furthermore, it was agreed that by Tuesday, May 19 , 1987 , all construction equipment, construction materials and the like, including trucks would be removed from the premises except for a crane which is to the rear of the building on the site which may remain until July 15 , 1987 , so long as its boom is lowered to the ground; after which, it too, must be removed. FRANCIS J. YAKABOSKI 11 )‘/6'P/1' 39 2 MR. SAWICKI : So find. 3 THE CHAIRMAN: All in favor? 4 BOARD MEMBERS: Aye. 5 4//7 (Whereupon, a brief recess was taken 6 and the proceeding later resumed. ) 7 THE CHAIRMAN: Our second to last 8 hearing is in behalf of Robert and Ethelle 9 Schroeder, Appeal Number 3895 . The legal 10 notice reads as follows : Upon application 11 of the applicants , variance for reversal of 12 Building Inspector for change of use of land 13 and existing building without obtaining a 14 Certificate of Occupancy. Property loca- 15 tion: 4380 Main Road, East Marion, County 16 Tax Map Number 1000, Section 35, Block 5, 17 Lot 4. 18 I have a copy of a survey dated e 19 November 19, 1980 , indicating a one story W 20 frame gas station, sits in the same location 21 . . . only difference I notice based on a 22 field visit is that there is a fence in the 23 rear of the property, in the rear of the 24 station itself , some sort of stockade fence. C25 I have a copy of the Suffolk County Tax Map Elk 1 EXHIBIT J - Sept. 24 , 1998®1 • 1 w40 2 indicating this and surrounding properties 3 in the area. I have a letter in the file, a 4 concerned citizen. Is there anyone that 5 , would like to be heard in behalf of the 6 application? 7 MR. BRESSLER: Wickham, Wickham and 8 Bressler, P.C. , Main Road, Mattituck, New 9 York, by Eric Bressler. 10 Gentlemen, this is an appeal from a 11 determination or decision of the Building 12 Inspector, in this case involving an order 13 to remedy a violation issued October 3 , 14 1988 . The order to remedy involved three 15 separate types of alleged behavior; one, a 16 change of use of an existing building 17 ' without obtaining a Certificate of Occu- 18 pancy; two, a change of use of land without o 19 obtaining a Certificate of Occupancy; three, W 20 changing use of the nonconforming gasoline 21 filling station without obtaining a Certifi- 22 cate of Occupancy. 23 Those are the three items that are 24 listed on this order to remedy. It is 25 important to note, in looking at the order • • • 1 41 2 to remedy, that there is no detail whatso- 3 ever regarding what the nature of the change 4 of use is or what it is that must be 5 remedied immediately. It merely says there 6 is a change and you are ordered to comply 7 with the law and remedy the conditions 8 immediately. On that basis alone I believe 9 the Board has the authority to reserve that 10 particular determination. It just doesn' t 11 tell us anything. 12 Secondly, moving to what we believe 13 was intended by this order to remedy, but of 14 course we can' t be absolutely certain, but 15 what we think they are talking about is the 16 parking of vehicles on the premises . This O 17 is upon information and belief , and my 18 statement to that effect in no way concedes s 19 that is what this is about or admits 20 anything that is in the order to remedy, but 21 upon information and belief that may be what 22 this is about. Certainly there is no 23 evidence before this Board as to what this 24 order to remedy is about. 25 Simply speaking, with respect to that i b 42 2 issue, we have submitted to the Board an 3 abstract of title which shows ownership of 4 this property prior to the zoning and we 5 submit a series of affidavits up until a 6 certain point which document the use of that particular piece of property as being §m 8 uninterested. 9 The Board will note that as part of 10 this particular chain there are two holes in 11 the chain, and I have an affidavit from 12 Robert Schroeder, Jr. , regarding these 13 particular holes in the chain. I hoped one 14 of the applicants could be here tonight, to 15 speak of his house use from the time of his 16 ownership going forward. However, despite a 17 long, lengthy notice prior to the time of 18 this hearing, he is unavailable to testify. s 19 His testimony in substance, I would repre- 20 sent to the Board, would track what is set 21 forth in the other affidavit . 22 THE CHAIRMAN: You don' t have anybody 23 here to discuss this? 24 MR. BRESSLER: No, since my 25 applicants . . . I would introduce ' a 1 43 2 Robert Schroeder, Jr. ' s affidavit to plug V 3 the hole, and I would ask forbearance of the 4 Board in reserving and leaving the hearing 5 open until Mr. Schroeder returns . When this 6 was published, we immediately tried to get 7 in touch with Mr . Schroeder and he was out 8 of town. We would hope he would be back by 9 the next Board meeting. 10 I am certain. the Board has questions 11 of Mr. Schroeder, as do I . So that is my 12 application, at this particular time. 13 THE CHAIRMAN: Thank you. 14 Is there anybody that would like to 15 speak, either in favor or against this par- 16 ticular project? e 17 MR. ERESSLER: I am handing up the 18 affidavit of Robert Schroeder, Jr . 0 19 (Whereupon, a copy of said affidavit 20 was handed to the Board. ) 21 MS. GILLISPIE: My name is Rhoda 22 Gillispie. I live at 221 North Road, 23 Greenport , across the street from Mr. 24 Schroeder' s property. I am here to speak on 25 behalf of my family, my husband, and also I v S - 44 2 Betty Denningston (phonetic spelling) , who 3 is here and lives directly across from Mr . 4 Schroeder' s property. 5 The obvious reason why we strongly 6 oppose what has been done in the past , and 7 - the court ordered to stop the storing of the 8 machinery and things related to Mr. 9 Schroeder' s Sound Shore Excavating Company 10 (phonetic spelling) , is , number one, the 11 eyesore of what I am looking at across the 12 street from me right now. Without any 13 equipment there, except for the occasional 14 trucks that are still stored there, it is an 15 eyesore just because of' what transpired 16 last , ;whenever, it was last summer with the 17 graffiti all over the building, but if you 18 ,add the equipment , and it was before the 19 court ordered to stop keeping it there, 20 literally every square inch of the property 21 was filled with cranes , septic tanks , W , 22 gravel , and various heavy-duty equipment. 23 The hazard to traffic on Route 25 is, 24 .in the past they backed equipment in and out 25 of theert ro p p y, stopping traffic. There is 1 45 2 a lot of screeching of brakes . This is a 3 large g piece of equipment going into a small 4 piece of property and it has in the past 5 caused problems . It is also very noisy, 6 ' waking up at six o ' clock in the morning to 7 diesel engines being revved up. This is a 8 residential area with a nonconforming use. 9 Now this is where my question lies , 10 that I do not understand the legalities of 11 the application that has been presented, but 12 ' a nonconforming use, is it specifically for 13 the purpose of being used as a public 14 gasoline filling station? It is all resi- 15 ' dential around there. There was on the 16 master plan . . . apparently it is all listed O ° 17 ' residential . I realize it is not just this 18 piece of property that is nonconforming, but s 19 ; it doesn' t specify in the master plan. What W ° 20 does nonconforming use mean? 21 THE CHAIRMAN: Well , I am not the L , 22 'greatest authority on nonconforming use, but 23 I will tell you that if this particular 24 'building continued after zoning and it was a 25 gasoline station, then assuming that it has 1 46 2 been continued in that use without a . . . I 3 will steal a phrase from Mr. Bressler in 4 saying "no holes in the chain" . . . more than 5 two years , then it continues as a gasoline 6 station. 7 MS. GILLISPIE: Okay. That was my 8 , understanding, and in the five years that we 9 - have lived across the street from this 10 property, no gasoline has been served to the 11 public as far as I know of . Now I under- 12 , stand, and I did not live there when Mr. 13 ' Schroeder bought the property, that it 14 started out selling gasoline. So it changed 15 and became Sound Shore Excavating, Incor- 16 porated. I don't know at what point, C % 17 because I was not there, but that is not a 18 • change of use business, what the violation 19 states it is . Are we talking just about the W 20 equipment being used on there or the actual 21 : use of Sound Shore Excavating Corporation, 22 . which is in a gasoline filling station? 23 THE CHAIRMAN: I cannot answer that 24 question without having Mr. Schroeder here, 25 and that is where my problem is . 1 47 2 MS . GILLISPIE: I understand that . 3 THE CHAIRMAN: I certainly am 4 perfectly aware of how . . . riding back and 5 forth from the ferry or back and forth on 6 inspection . . . that no gas has been 7 dispensed ever from that building. I will 8 , be the first to admit that , and I concur 9 with what you are saying . That could very 10 well be a loss of one of his uses . . . 11 consistently. I ' don' t know -at this point . 12 MS. GILLISPIE: That is my question. 13 THE CHAIRMAN: I don' t know at this 14 ' point . Let ' s wait until he shows and we can 15 ask him as series of questions . 16 MS. GILLISPIE: My other question is, 17 are there zonings specifically for companies 18 requiring heavy-duty machinery? I was told s ' 19 , there are. I don' t know this for a fact . W 20 THE CHAIRMAN: I think they should be o _ 21 stored in certain zones . There is no 22 question about it . Again, the Building 23 ' Inspector will probably be better served to 24 answer that question. 25 MS. GILLISPIE: It is obvious. 1 • 48 2 It was a gasoline station. We bought the 3 property knowing that it was supposed to be 4 a gasoline filling station originally and 5 ; that this was being used as something 6 ; different . We question whether that 7 something was changed because it sounds to 8 us , and from other people who have spoken to 9 us , that it was not the use it was intended 10 for and that is would eventually change. 11 I am not ready to move from my 12 property, but I am upset over the thought 13 that this can become a storage of heavy-duty 14 equipment . . . cranes . All this stuff across 15 the street from a residential house certain- 16 ly lowers my property value, but that is not 17 the main point. My main point is that this 18 is not in use as a gasoline station as it 0 19 was meant to be, and it is my understanding W 20 it should be reverted back to its original 0 21 use which is residential . 22 THE CHAIRMAN: Thank you. 23 Is there anybody else who would like 24 to be heard? 25 MR. APODIACOS: Terry Apodiacos . • 1 49 2 I would just like to state that I have been 3 livingthere for fourteen years now, ever 4 since we bought the house, and never really 5 noticed it to be a gas station except for 6 the first three or four years . . . it was 7 owned by a previous man named Don' s Garage, 8 and ever since the Schroeders moved in I 9 haven' t seen gasoline served to the public . 10 Also , I have sent to you guys , a few 11 months ago, a letter stating all our reasons 12 why we don' t want the zoning to take place; 13 because of the diesel fuel , the noise early 14 in the morning, and the depreciating value 15 of our property, too. 16 THE CHAIRMAN: Thank you. 17 MR. APODIACOS: You' re welcome. 18 THE CHAIRMAN: Anybody else who would s 19 like to speak? 20 Go ahead, Mr. Bressler. 21 MR. BRESSLER: Mr. Chairman, I think u 22 the comments we heard tonight point to the 23 direction with this particular application. 24 The problem that the Board is faced with 25 again, simply to review the order of remedy, 50 - 2 i leads me to the conclusion that that ought 3 to be stricken and thrown out, and if truly 4 _ a problem exists down there that the issue 5 ought to be brought by the Building Depart- 6 ment quickly before the Board. I think the 7 simple statement there be a change of use 8 has left the objectants , whatever they are s objecting to , has left them as bewildered as 10 we are as to how to act or deal with this 11 particular situation, and I think if the 12 Board wants to reassess and bring Mr. 13 Schroeder in, that is fine and I would ask 14 the Board to do that if they want to hear 15 from him. But I don' t believe that is going 16 l to cure the underlying dissent here which is 17 that the issues are not clearly in front of 18 the Board and the simple statement that = 19 there be a change of use just has to fall on 20 what will happen after that to bring the 0 21 issues into focus . 22 THE CHAIRMAN: I 'm thinking about 23 having the Building Inspector here at the 24 next hearing. 25 MR. BRESSLER: That would certainly 1 51 2 be helpful . I am not sure . . . I am not sure 3 that would cure the problem that the Board 4 has with respect to the written determina- 5 tion. I am pretty certain that the law on 6 that issue is you take your notices as you find them, and while the Building Inspector 78 may augment and complain to the Board what 9 he meant, I don' t think that is going to 10 save the infirmity. I do think it may aid in future resolutions. 11 I certainly would not be objecting if 12 the Board chose to do that . However, 13 i 14 legally speaking, I would object to the significance of what he had to say on the 15 actual application. It may, however, as a 16 17 practical matter, be beneficial . O THE CHAIRMAN: Thank you. 18 s MR. GILLISPIE: Dave Gillispie. I 19 came back from Boston for this hearing and I 20 think that all parties should have made the 21 effort to be here. But there is also one 22 point in here, it says "hardship", that Mr. 23 Schroeder has a hardship if they couldn' t 24 25 use this property for whatever he wants to . 1 52 2 use it for, I guess , no one here is really 3 sure what he wants to use it for but- it is 4 not the filling station. 5 As I understand, he has acquired 6 other property in the Town of Southold that 7 he can use for his business . So the use of 3 m 8 ' this property or lack of use of this 9 ' property is not going to harm his income or 10 the people he employs . I would hope the 11 . Board also keep that in mind. Thank you. 12 THE CHAIRMAN: Thank you. 13 Yes , Mr. Bressler. 14 MR. BRESSLER: Mr. Chairman, if I 15 ' could just address that . I believe, of 16 course, as the Board is aware, a hardship is e 17 not a legal issue here and the fact that it O 18 ' appears on the Board's form or something is 19 filled in, I think is of no legal signifi- W 20 ' cance. We are not at this point asking for 0 21 a variance. If we were having a variance 22 hardship or a practical difficulty it would 23 be before the Board properly, and to the 24 extent that it caused any confusion or legal 25 misunderstanding to the objectants , f • : 1 = cf 5: 1 ' 53 2 I apologize for that . 3 THE CHAIRMAN : Any other comments 4 from anybody? 5 Will Mr. Schroeder be back on the 6 15th? MR. GILLISFIE: What date, excuse me? 8 THE CHAIRMAN: The 15th of February, 9 two weeks from tonight . 10 MR. GILLISPIE: No, I will be in 11 Florida. 12 THE CHAIRMAN: Will Mr. Schroeder be 13 back here, Mr. Bressler? 14 MR. BRESSLER: I am not certain, Mr. 15 Chairman, and when the assigned date was 16 first sent out we made a diligent attempt to 17 contact Mr. Schroeder. I have been advised 18 by Mr. Schroeder' s family that Mr. Schroeder 19 has the luxury, unlike some of us, of taking 20 vacations without being bothered by the 21 telephone or other methods of contact . So 22 as soon I find out where he is and when he 23 will be back, I will let you know. 24 THE CHAIRMAN: I guess the best 25 thing to do is recess without a date. 1 54 2 MR. BRESSLER: As soon as he returns , 3 I will advise the Board by a letter so the 4 hearing can be set , if that is satisfactory . 5 THE CHAIRMAN: Anybody have any 6 objection to that? Anybody have an objec- 7 'tion to our recessing without a date and 8 reconvening the hearing when the applicant 9 its here? Then we will recess without a date 10 on my motion. 11 MR. DINIZIO: I would like to make a ' 12 statement . I would just like to inform 13 everybody involved in this that I don't feel 14 I have a problem making a decision one way 15 or the other. My brother-in-law does own 16 land adjacent to this property and across C 17 the street . You should consider that 18 certainly for our next hearing. I certainly 19 would not be offended if you don' t want me W 20 'to be here. However, I don' t feel that is 21 anything that would effect . . . I just want 22 you to know. I know Bob knows . 23 MR. BRESSLER: I will remind Mr. 24 Schroeder if he is aware of it . I can only 25 assume he doesn' t have any objection if you v 1 n , • 1 55 2 don' t view it as a conflict . I will just 3 remind him. I am sure there will be no 4 difficulty, but if there is we will meet and 5 let you know. 6THE CHAIRMAN: Hearing no further S 7 , comments , I make a motion to recess the 8 hearing without a date. 9 BOARD MEMBERS: Second. 10 THE CHAIRMAN: All in favor? 11 BOARD MEMBERS: Aye. 12 THE CHAIRMAN: I thank you very much { 13 for coming in everybody. 14 We are reconvening the hearing on the 15 • Port of Egypt , which was reconvened from the 16 last regularly scheduled meeting. At that O 17 time, I believe we asked you for a map which 0 18 we presently have in our file. And we asked 19 you for the single and separate search. I Y l 20 guess I should let your attorney speak for 0 V g 21 you. u z Y 22 MR. MOORE: William Moore, of Moore 23 and Moore. 24 I 've got certified copies of deeds of 25 each of the parcels in question. I trust ' 734.5100 • r• �11 1 I G1 ( _ I ! 11 �/I AREA CODE 516 .., ��ff,� SEP 3 0198 5 ,I 41(0-21, Cl/71- �/7,41L BLDG. DEPT. ('/. ge„. ,95,9 • TOWN OF SOUTHOLD tJ %/zflf�ar�yfni (aener sma.,K /',d/'dpr ji// , ov�q� /, IJ0'A• 4,r4, .7G'frl.7.?• /e172 September 26 , 1985 Southold Town Building Dept . Town Hall - Main Road Southold , NY 11971 Attn: Curtis Horton Building Inspector Re: Sound Shore Excavating Corp. East Marion, NY Dear Mr . Horton: 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. Very truly yours;• rc1c_Cfo/ RJC :e 1 • EXHIBIT K - Sept. 24, 1998® I � 1i 4 I,' APR 1 71986 •i ���,,,, sty LDG.DEPT. CLEAVES POINT TgvdN�FFi�LD PROPERTY OWNERS ASSOCIATION, INC. EAST MARION, L. I., NEW YORK April 14 , 1986 Mr . Frank Murphy, Supervisor . Town of Southold Town Hall, Main Rd. Southold, N.Y . 11971 Re : Gas Station and Const . Equip. Storage yo Maple Lane, Greenport. Dear Sir, Please be advised that this letter is to ask for clarification of zoning and permitted use of the sub- ject property. The area is now used and operated to its capacity by a very active trucking and excavating corporation . .~ The above association presents this question because of objections to the following. 1 - Early operational noises , starting up trucks, cranes , bulldozers etc . 2- Traffic confusion and near accidents on North Road morning any. etening. 3- Unattended equipment during day and night hours weekends and holidays. 4- Area being used seems to extend well beyond lot limits. 5- Zoning regulations are apparently being ignored by the present usage. 411 ( 2 ) 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, '_ _ esident CC Victor Lazard, Bldg. Dept . Henry Smith, Trustee 221 North Road Greenport, New York 11944 May 15, 1986 Southold Town 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 NO TIME 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. Gillispie, Jr. _ Simeon Weston, asident 450 Snug Harbor Rd. ^^ OG - 6 !086 Greenport, N.Y. 119 CLEAVES POINT PROPERTY OWNERS ASSOCIATION, INC. EAST MARION, L. I., NEW YORK Sept . 27 , 1986 Mr . Frank Murphy? Supervisor Town of Southold Town Hall , Main Rd. , Southold, N.Y . 11971 Re : Ex-Gas Station property North Rd. w/o Maple Lane; S/side Greenport , N.Y. Dear Sir, Please be advised that this i•s 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 station, it is in fact a storage area for heavy equipment ( 2 cranes, 2 bull dozers , front end loaders, four 10-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 14, 1986 . Gasoline, in fact, cannot be bought at this so-called "gas station" . There being previous objections, all unanswered, 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 convenience. Very tr y yours, • Simeon Weston V Enc . CC : Victor Lessard, Bldg, Dept . Henry Smith, Trustee • . 734-5100 I��i-'.0 IJ; •a• AREA CODE 516 r(�" OfleM 9�`„J, 9 Z c.t:J ,g7:6 r%oqi Ara / Terga, •/h.�a,q!�1/, ,,,�, ,,, ,, Delivered by hand. September 26 , 1986 Southold Town Building Dept . Town Hall - Main Road Southold, NY 11971 Attn: Curtis Horton Building Inspector Re : Sound Shore Excavating Corn. East Marion, NY Dear Mr. Horton : 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 immediate 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 , CRON and CRON, ESQS.-_- -raha J. Cron RJC :e • s i ` • • • January '6; • 19138 ' ' Mr. Victor Lessa rd • ' ' Building Dept. • • r 4i' Southold 'Town ' r Main Road Southold, NY 11971. Dear Mr. Lessard: ' ' At the suggestion of Mr. Frank Murphy I am directing this complaint to your department. - Specifically, my complaint concerns tihe activities and operations of the Sound Shore Excavation Corporation at its property on the North Road near the Creenport-East Marion line. As you are aware, this past summer the company was directed by the court to cease the storage' of earth moving equipment and related supplies at this property which is directly across the street from my home. At • first there was some compliance with the court order but, 'over the last several months, the company has totally disregarded the court's decision. Specifically: I . Most every night and over most weekends, one or more pieces of earth moving equipment are stored on the property. This section of town is zoned residential and the equipment is an eyesore. 2. Most every morning,including weekends equipment is started causing excessive noise usually before 7 :00 A.M. 3. The company's property is very small causing their workers to stop traffic on Route 25 (North Road) in order to properly park the larger pieces of equipment. On manyvoccassions especially during high traffic times, this practice has caused near accidents and much screeching of brakes. 4 . The company continues to store related construction equipment and supplies OH the property. This incLudes precast septic tanks, pipe, piles of gravel and parts for earth moving equipment. As T recall the court order specifically ordered that this not be done. fn summary, Sound Shore Excavation Corporation continues to operate an unlawfull facility on this property. The property is _unsightly, noisy and at times, a hazzard to the traffic on Route 25 (North Road) . it is my understanding that this property can only be used commercially as a gasoline service station due to its pre-existing use status. Since .1 have owned my home (1984) , this property has never been operated as a service station. Therefore, not only is this property operating in defiance of a court order but should not be used commercially at all. I therefore respectfully request that the town enforce the court order and its own zoning laws thus restricting of use of this property to a non commercial use. Respectfull d 1 spie, r. I)I,C • s� s OCEAN LOBSTER CO Ltd P.O. Box 861 OC‘cifrf � Greenport N.Y. 11944 r Office (516) 765-9097 Fax (516) 765-4139 09-24-98 To whom it may concern: We have been buying fuel from the Schroeders for the past 6 years on our way out to the ferry. It has been very helpful to us to be able to do this and both Bob Sr. and Jr. have been very accommodating to pump fuel at all hours of the day and night. If you have any questions regarding this please feel free to contact me during normal business hours. Sincerely Yours, egitiKent Valadez President Third e. 0, _ .„ New International Dictionary OF THE ENGLISH LANGUAGE UNABRIDGED ay1 REG. U.S. PAT. OFF. Utilizing all the i exp er ence and resources of more than one hundred years of Merriam-Webster dictionaries EDITOR IN CHIEF PHILIP BABCOCK GOVE, Ph. D. AND THE MERRIAM-WE B$TER EDITORIAL STAFF `1PT . y G. & C. MERRIAM COMPANY, Publishers SPRINGFIELD, MASSACHUSETTS, U.S.A. PiverheadFr [1r 1964 RiYerhead ,} . ` 01> 5 5 7 0 • :omycete A 646 d: AOrrATiON, morrunEArtoN <his trembling sence 3 [ME discontinuauitce, fr. AF. fr. 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(influenced by L dis- 'dis-) of his partner) • cease to use (discontinued the pattern after pres. part. of discordare to discc erten fr. des- 'dis- + concertos to concert - it proved unsatisfactory) b obs : to cease to attend. frequent, 1 a : being at variance : DiSAGREEI :r] 1 : to break up the concert or arrangement or occupy 0 : to break the continuity of :SEVER (in regard to day ideas) : being at variance with e. :o confusion : DISARRAY, UPSi:T, FRUSTRATE, the mountains it was contended that a gap does not'-the gen- ANTAooNicriC<the various dissevers enemy plans by a sudden offensive) (confessed eral line of the range -Encyc. Americana) d (1) : to cease society-W.J.Shepard) : not confo► owls-ed his slumbers-Rex Ingamel ) 2 :to to publish (N an unprofitable journal) (2) : to cease to sub- <the ^, element in the picture was iposure or shake the complacency of : RUFFLE. scribe to (^' the morning newspaper) 2 : to abandon or garb-John Buchan) b:marked b -d his academic cronies by confessing that in- terminate by a discontinuance or by other legal action vi:to agreement of its parts <a poetry tht most often induced in him by a pint of beer cease to continue : come to an end; specif : to cease to be and but negative in itsemphasis ` d) (in an interview with Washington, he suc- published (the magazine will after the next issue) syn see by inner discord (a 00 family) :c :n -Ing that most just of men-A.L.Kroeber) STOP people) 2 : relating to a discor, AASS dis•continnity \dis. :dis+\ n [ML discontlnuitas, fr. discon- :HARSH, JARRING (I heard a horrid dJ : marked by loss of self-possession or con- tinuus + L -itas -ity] 1 : lack of continuity or cohesion :dis- a bray and a yell -George Borrot ABED.EMBARRASSED(look at each other dumbly, union of parts (from chapter to chapter . .. there is a sense sounds (a 0.0 crowd . . . shouting : :.Shaw) was somewhat to learn that-her of -, of failure on the author's part to "follow through" pole) 3 : lacking conformity or ▪ suffragist -Margaret A. Barnes) : put out -Carlos Lynes) 2 : a break in continuity : GAP imicro- structure- used of geologic strata not to find the missing book)-disconcert- scopic discontinuities in the foil -N.A.Cooke) (conceived of respect to one or more particular c' aoncertedness it -ES the organic softies as a hierarchy of creatures with compare- CORDANT- dis-eor•dant•ly ads- uJJ : causing loss of composure or self-posses- tively largeid scontinuities between their ranks -S.F.Mason) discording adJ [ME, fr. pres. part. NO, EMBARRASSING (this ^, stare often caused 3 math :a point or value of the argument at which a function • DISCORDANT • nervously in their speech -Jean Stafford) (a is not continuous 4:the boundary between two layers within idls•eonnt \'di,skaOnt\ n -s [ma: eting friends ferociously and strangers charm- the earth which display different physical properties made 'count) of decompte, fr. OF des( =en)-dls•oon•cert•ing•ly adv-disconcert- known by analysis of earthquake records B : a rapid change abatement or reduction made from in meteorological elements in a short distance or a short time of anything: as a (1) : a reductio n \,diskan'sarshan, -sash-,-saish-\ n -s : the dis-Continuous \:dis+\ adj (ML dlscontinuus. fr. L dis- 'dis- specific customer or class of custom :ncerting or state of being disconcerted : DTs- + continuus continuous-more at CONTiNUous] 1 obs:caus- (2) : a proportionate deduction fro 1TURBATIOI4 ing discontinuity : GAPING <with ^, wound -John Milton) made for cash or prompt paymei lint \-'sartmant, -sat-,-sait-\ it -a : DISCON- 2 a : not continuous :marked by breaks or gaps (a mosaic b : a deduction made for interest of better watered and settled territory, embedded ... in wide or purchasing a bill or note not da dis+\ vt ['dis- + confirm] : to establish as expanses of arid or semiarid land -Geog. lour.) (the interest upon money 2 : the rater id : DISPROVE (- a philosophical assertion by boy received a very jumbled and schooling-Louis Kronen- counting 3 : the act or an instance 1 experience)- opposed to confirm berger) : not continued : DISCRETE, SEPARATE (here and there bank funds in the•--, of bills of excy in \:dis. des+\ n : the act, process, or an were conspicuous elevations . . . but they were ,-.0features, billiards of one point from the sci, :onfirming not useful as regional boundaries -R.H.Brown) : lackin point made by his opponent B : a :diskan:f0(0)rm\ ad/ ['dis- + conform] : not logical or organic sequence or coherence Sa series of events) ance made (as for the specious elem • usu. used with to <the tone poem is gay and always entertaining. but a trifle•- that qualifies the truth of an assert _e \:dis+\ adJ['dis- + conformable 1 archaic b math : having one or more discontinuities- used of a van- make very heavy 0, or even somet able : DISAGREEING — used with from or to able or a function 0 of a linguistic form : consisting of parts conclusions altogether-G.G.Cou: dog to a disconformity (^• contact of Middle that are separated by other linguistic units of the same order taken. timeliness remains a chief , ytiddle Silurian limestones -C.O.Dunbar) or by parts of such units (as French ne . . .pas "not" in je ne -F.L.Mott); also : an objection: \'‘dis+\ re ['dis- + conformity] 1 archaic sal:pas "I do not know") (-. morphemes) (0 phonemes) HINDRANCE(he does. ..mention sii: amity or correspondence : NONCONFORMITY - - discontinuously ads- discontinuousness n -ES pleasant day-Times Lit. Supp.)- with 2 :a break in a sequence of sedimentary disoontinuons easement n : an easement or servitude thatar : below the nominal value (th: ich have approximately the same dip indicating requires an act of man for its exercise or enjoyment (as a 2 : out of favor : poorly or ligh : in sedimentation generally by an interval of right of way or right to draw water) -compare CONTINUOUS visionaries were at a discount in tl- Tare DIASTEM 3, UNCONPORMiTY EASEMENT : with reservations (his continua: \:dis+\ n ['dis- + congruity] : INCONGRUITY discontinuous phase n : DISPERSED PHASE taken . .. at a discount-Hilaire B. :dis+\ vb ['dis- + connect] vt : to sever the discontinuous variation n, blot : abrupt variation in which 2dls•count\"also db's-\ vb-ED/-INO, it between : DETACH (-' the fuse from a bomb) there are few or no intermediate forms fr. OF desconter, fr. ML discompub J NITE(^,church and state) -vi:to terminate 'dis.convenience \:dis+\ it (ME. fr. LL disconvenient/a fr. putare to reckon. compute - mor L disconvenient-, disco reniens (pres. part. of disconvenire to deduct esp. from an account, debt, \n-s[by shortening]:DISCONNECTING SWITCH disagree, be inconsiste fr. dis- 'dis- + convenire to come ment of (-' a bill for early paymer. .d4 : not connected : DISUNITED (Congress ... together. agree) + -4a -y - more at CONVENE] dial : iNCON- a discount : sell at a discount <de, salon of . . . a confusing sum of local forces VENIENCE year's unsold models) 2 : to len ell) : lacking logical or organic connection sdisconvenlence \"\ rt, dial : INCONVENIENCE the discount or allowance for int_ throwing down her pen after having written a dis•convenilent \:dis+\ adJ ['dis- + convenient] now dial paper) 3 a : to leave out of accot -H.A.Overstreet) - disconnectedly adv - : INCONVENIENT influence of Hawaii on the Ameria _Ess n dis•co•phile \'diska,fll\ re -s[disc- + -phile] : one who is de- the spectacle of flapping shit switch n : a switch that isolates a circuit or voted to the study and collecting of phonograph records flora -T.H.Robsjohn-Gibbings) xes of electrical apparatus after the current has dis.coph.o.ra \db'skEt(a)ra\ or dis•coph•o•rae \-fa,ree\ n pl, in evaluating the significance or wor ;d by other means cap[NL, fr. disc- + -phiira, -phorae]in some classifications :a : MINIMIZE, DISPARAGE, DEPRECIA: \:dis+\ n ['dis- + connection] : the act of group of jellyfishes: a : a group coextensive with Scyphozoa offense as a pardonable action uno or state of being disconnected : SEPARATION, b : a group coextensive with Discomedusae mature judgment and long experienc • curious feeling of loneliness or - from the dis•coph•o•roua \da'skttf(a)ras (')di:s-\ adJ [in sense 1, fr. <never the fellow's cunning a: .,out him) disc- + -phorous; in sense 2, fr. NL Discophora + E -ous] LESSEN <the value of his criticism - \"+\ n : DISCONNECTING SWITCH 1 zoo/ : bearing a disk or disklike structure 2 : of or relating of the subject) 0 (1) : to make a Q :dis+\ vt ['dis- + consider] : to deprive of to the Discophora truth or validity of : make allowanc 3r esteem (it was the sort of exploit that ,--ed disco•placenta \:disk5+\ n [NL, fr. disc- + placenta] tion) in <he -ed seventy-five pe ;or good with the more serious classes -R.L. : a discoidal placenta - dis•co•placental \"+\ adj- dis- -Gerald Beaumont) (-some of t `ew without regard or respect <when humanity co•placentalian \"+\ ad) made for the new drug) (2) :to vie' blic is not protected, nor is the professional dis•co•placentalfa\"+\it p1,cap[NL,fr.disc-+ Placentalia] : DISBELIEVE (I - the story that : -Spectator) • mammals having discoidal placentas McCormick . .. because .. . she w: e \da'sksn(t)s(a)16t. 'di,s-, usu -5d•+V\ ad) dis•cop•o•dous \da'ska as, (')di:s-\ adJ [disc- + -podous] d : to anticipate or take into acct -It, fr. ML disconsolatus. fr. L dis- 'dis- + con- zool : having the foot disk-shaped present calculations or panning (m :rt. of consolarf to console- more at CONSOLE] 'dis cord\'di,skord. -O(a)d\n-s(ME descord, discorde. partly organized groups whose oppositic solation : deeply dejected and dispirited •hope- fr. OF descort (fr. descorder); partly fr. OF descorde, fr. L -Time) businessmen( had already :ng beyond consolation (a parent) 2 : in- dtscordia, fr. discord-. discors discordant + -la -y] 1 a (1) of the price increase) 4 : to give o n : SADDENING, CHEERLESS <set up a wall . .. : lack of harmony or agreement between persons : DiSUNTIY .r vi: 1:to lend or make a practice -0 hills and the monotonous sea-M.R.Cohen) DISAGREEMENT, DISSENSION <must we fall into the jabber and the discount <banks^•for 60 or 90 suggestive of dejection <retired . . . with a n., babel of -, while victory is still unattained -Sir Winston ance (.---ing for Richard's modesty -cock) syn see DOWNCAST Churchill) (2) : CONFLICT, STRIFE (^' among the barons of the dis•count•able \'.,•abal or .'..•\ .it-ED/-INO/-S obs : to make disconsolate border country reached theint of daily raids,ambushes,and discounted <a-.0 note) (the evident' :•ly adJ : in a disconsolate manner (gazed '" . kidnappings) b : lack of harmony or agreement between apart for discounting (within the n ruins of his house) (rows of cypresses standing things or ideas : CONTRAST, DIFFERENCE, OPPOStnON <the alar- discount broker n : one who makes rooding river) ing -' between the architecture of the two buildings) <the commercial paper usu. as an agent mess n -Es : the quality or state of being dis- between the idealist and materialist philosophies) 2 a : a discount company n : a company ::ECTION. DISPIRITEDNESS combination of musical sounds which strike the ear harshly accounts receivable : COMMERCIAL : ion \d0,skEn(t)sa'li#shan, ,di,-\ n ['ds- + due either to an unprepared dissonance or to an effect of false discount day n : the weekday wh die state of being disconsolate intonation or tuning b : the interval between two discordant 'dis•countenanee \des, (')dis+\ vt \das, (')dis+\ ad) [ills- + consonant] : not notes;also :a discordant note e:DISSONANCE 3 :any harsh 1 : to put out of countenance : p ;ORDANT. DISSIMILAR or unpleasant sound (the braying of automobile horns and CONCERT (the republic soon cos. ;dis+\ adj ['dis- + content (adj.)] : DiSCON- other daily -s of city life) discountenanced its few friends-C.: 5, used with with <-' with his prospects and syn mumCONFLICT. CONTENTION, DISSENSION, VARIANCE: to look with favor upon : use one DISCORD may indicate sustained inharmonious disagreement courage by evidence of disapprove \ n : one who is discontented : one who has marked by quarreling, factiousness. antagonism (the meeting discountenanced the teaching of re MALCONTENT (his following had diminished to broke up in discord) (the discord among the brawling barons) working classes-Helen Sullivan) an -'s) (the controversies arising from this situation are bitter,and the adlscountenance \"\ n Veils- + \ vt ['dis- + content (v)] : to inspire feelings discord is ominously apparent -H.A.Wagner) DISCORD indi- discountenancing<American action a dissatisfaction in : make discontented : DiS- cates the fact of existent disharmony,perhaps pointless; STRIFE - to the Bolshevik and anarchi )n . .. corrupted the civil service -..,".-ed and may designate competition in a hectic struggle for victory or dls•eount•er \'di,skaanta(r) ais ce soldiers -C.P.Fitzgerald? supremacy <all must live together in harmony as good neigh- counts; sped! : the operator o' ', r.1r_ • -... ,_. , .1 ..4 ,.S......._......_... i.n.•n,i., noir if•p• i.p.i Iii ohiy.ra—cot urdov R..v ) (c the war 4i54']bt Uwe n 1 : s firm • '_l# ilii APPEALS BOARD MEMBERS I0,� �OFF04�o Southold Town Hall Gerard P. Goehringer, Chairman `140� Gy‘c I� 53095 Main Road P.O. Box 1179 James Dinizio,Jr. ; y 2 Lydia A.Tortora ;O Southold, New York 11971 Lora S. Collins ; �lj 0v •• ZBA Fax (516) 765-9064 George Horning 4 `,,•a Telephone(516)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD 8/24;9/2;9/10 9/21;Cpd. 9/2) Z.B.A. AGENDA THURSDAY, SEPTEMBER 24, 1998 REGULAR MEETING 6:30 p.m. Call to Order by Chairman. I. ENVIRONMENTAL DECLARATIONS (SEORA): Type II Declara- tions: setback, lot line, accessory uses such as B & Bs or Accessory Apartments, lot waivers under 100-26. II. PUBLIC HEARINGS: 6:30 p.m. Appl. No. 4594 - M. FERRARIS. (Carryover from 8/13). A Variance is requested under Article XXIII, Section 100-231B for proposed tennis court fencing at a height above 6-1/2 feet. 3585 Orchard St, Orient; 1000-27-2-2.10. 6:35 p.m. Appl. No. 4597 — BUILDING DEPARTMENT. This is a Request on a Town- Wide basis, for an INTERPRETATION submitted by the Building Department by its Director of Code Enforcement, asking for a Determination answering the question: "Does Article XXV, Section 100-259-Land Clearing, apply to vacant land in all Zoning Districts." 6:40 p.m. Appl. No. 4592 - K. ZACHARIADIS. This is a request for Variances (a) under Article XXIV, Section 100-244B for a building permit authorizing the "as built" - construction of a deck addition at a minimum setback of less than 50 feet from the front property line, and (b) under Article III, Section 100-33 for permission to locate accessory swimming pool in an area located partly in the side yard, at 1697 Little Neck Road, Cutchogue, NY; Parcel 1000-103-5-2.2. Lot size: 40,604 sq. ft. 6:55 p.m. Appl. No. 4599 — PATRICK MORTIMER. This is a Request for a Variance under Article XXIII, Section 100-239-4B for: (a) a building permit authorizing construction of an "as built" shed and (b) permission to locate proposed deck, all at Page 2 - Agenda Upd. 09/23/98 Regular Meeting of '4/98 Southold Town Board vi Appeals a setback of less than 75 feet from the bulkhead at 3895 Paradise Point Road, Southold, NY; Parcel 1000-81-1-8; also known as Lot #10 on the Paradise Point, Section I, Subdivision Map. 7:00 p.m. Appl. No. 4600 — ELLEN ZIMMERMAN. This is a Request for a Variance under Article XXIII, Section 100-239.4B and Section 100-244B for permission to construct deck addition with a setback at less than 35 feet from the rear property line and less than 75 feet from the bulkhead, at 500 South Lane, East Marion, NY; Parcel 1000-38-6-11. 7:05 p.m. Appl. No. 4601 — ROBERT SMITH & ANO. This is a Request for a Variance under Article XXIV, Section 100-241A for permission to construct proposed addition and alteration to an existing accessory garage with nonconforming cottage use, based upon the May 28, 1998 Notice of Disapproval. Location of Property: 505 Pt. Pleasant Road, Mattituck, NY; Parcel 1000-113-9-11. 7:10 p.m. Appl. No. 4602 — CLIFFORD AND RUTH CORNELL. This is a Request for a Variance under Article IIIA, Section 100-30A.3 for a building permit authorizing the construction/location of an "as built" accessory gazebo structure at a sidevard* setback of less than the required three ft. minimum and in excess of the 20% lot coverage limitation of the Zoning Code at 325 Willow Point Road, Southold, NY; Parcel 1000-56-5-26, also known as Lot #24, Willow Point. 7:20 p.m. ARTHUR TORELL regarding properties known as 365 Westwood Lane and 465 Westwood Lane, Greenport, NY; Map of Eastern Shores, Section 2, Lots #67 and #68; Parcel #1000-33-2-10 and 11, as follows: Appl. No. 4603, for a Lot Waiver under Article II, Section 100-26 regarding an existing nonconforming lot identified on the Suffolk County Tax Map as Lot 11, Section 33, Block 2, which lot has been deemed merged with adjacent lot ref. #10, based on the Building Inspector's August 4, 1997 Notice of Disapproval; and Appl. No. 4604, for a Variance under Article XXIV, Section 100-244B for permission to construct dwelling with a side yard setback at less than 15 feet from the existing property line between Lots #10 and #11 as shown on the Map of Eastern Shores, Section 2, or alternatively a Variance for adjusted lot sizes of Lots 68 and 67, to reduce the square footage and lot width of Lot #68, thereby increasing the non •nforming lot #67 for a 15-ft. conforming side yard setback. 7:30 p.m. Appl No.,4616 — T •M:' S ANDD IRA MA RO TW is a Request for a Variance unde Article • III, Sect • ,0-2 4.4B f,r per is i to extend fence which would b at/less ha 75 fee • the •ulk I ead, or I ng ulkhe , at 6760 Great Peconic ay Boulev..r , Laurel, N ; Parcel a d 0-126-11-3.1. Page 3 - Agenda Upd. _09/23/98 Regular Meeting of , 4/98 Southold Town Board or Appeals 7:40 p.m. Appl. No. 4607 — JON SCHRIBER and JANE ROSS. This is a Request for a Variance under Article XXIV, Section 100-244B authorizing the "as built" raised brick terrace addition located on a 19,476+- sq. ft. nonconforming lot at a front yard setback of less than 35 feet. Location of Property: 1295 Old Harbor Road, Cutchogue, NY; Parcel 1000-117-3-10. 7:50 p.m. Appl. No. 4598 — JEFF GOUBEAUD. This is a Request for Variances under Article IIIA, Section 100-30A.3 of the Bulk and Parking Schedule, for approval of a lot area of 23,638+- sq. ft. in this proposed subdivision. The R-40 Low-Density Residential Zone, established in January 1989, requires a minimum lot area of 40,000 sq. ft. Location of Property: Extending from the Easterly Side of Gagen's Landing Road, and 2950 Pine Neck Road, Southold; Parcel 1000-70-10-37 (63,638.03 sf.). 8:00 p.m. Appl. No. 4605 — PALMER VINES, L.L.C. This is a Request for a Variance under Article III, Section 100-31A(4)(b) for permission to construct Winery building and establish Winery Use on a 3.612+- acre parcel, known as 34995 Main Road, Cutchogue; Parcel 1000-97-1-11.4. 8:10 p.m. Appl. No. 4611 - BUILDING INSPECTOR. This is a Request on a Town- Wide basis for an INTERPRETATION submitted by the Building Inspector for a Determination answering the question: "Does a radio tower and antenna fall under the Provisions of "Wireless Communications" Article XVI of the Southold Town Zoning Code, when it is intended for the private use of an owner who operates a VHF Radio under a License issued to him/her by the FCC for the purpose of communicating, all as part of his/her business, when located in a Light-Industrial (LI) Zone District?" 8:45 p.m. Appl. No. 4582 - ALI YUKBASIOGLU. Contract Vendee: Soonok Kim; current owners: ROBERT and ETHEL SCHROEDER. Applicant is requesting an Interpretation to Reverse Building Inspector's April 1, 1998 Notice of Disapproval in which applicant applied to use premises as an automobile service station with gas pumps. The Building Inspector disapproved the subject application under Article XXIV, Section 100-241-G for the reason that the proposed use is a discontinued nonconforming use in this R-40 Low-Density Residential District and is therefor no longer permitted unless a variance is granted by the Board of Appeals. Location of Property: 4380 Route 25, Greenport, near East Marion; 1000-35-5-4. III. RESOLUTION. POSSIBLE* APPLICATIONS TO BE ADVERTISED FOR HEARINGS, Member inspections/file reviews/comments: a) Appl. #4708.jd filed 8/12 - B. Caffrey, two accy/fryd., Matt. b) Appl. #4709.It filed 8/18 — M. Murphy, bluff setb., Cutch. c) Appl. #4710.Ic filed 8/19 - D. Garofalo, Accy in fr., Sid. Page 4 - Agenda Upd. 09/23/98 Regular Meeting of ' 4/98 Southold Town Board ,,� Appeals d) Appl. #4612.gh filed 8/20 — D. Burnham, Lot Waiver, F.I. e) Appl. #4613.It filed 8/24 — H. Rieger, Orient. f) Appl. #4614.1c filed 8/31 — R. Boardman, Lot Cov., Orient g) Appl. #4615.jd filed 9/2 - P. Chazan and B. Boyd, Fence, Sid. h) App!. #4616.1t filed 9/3 — C. Maggio, Bailie Beach Rd, Matt. i) Appl. #4617.1c filed 9/3 — Building Inspector/Interpr. j) Appl. #4618.jd filed 9/8 — V. Manago None. Expansion. k) AppL #4620.1c filed 9/8 — George Starkie. Tarpon Dr, Sid. I) Appl. #4622.It filed 9/9 — E. Dart. C.R. 48, R-40 Zone, Pee. m)Appl. #4623.Ic filed 9/10 — Laurel Links Sign Variance, Laurel. n) Appl. #4624.jd filed 9/10 — Laurel Links Golf Course, Laurel. o) Appl. #4625.It filed 9/14 — D. Jerome, two-family, Sid. p) Reminder/Adv. for Oct. 15: Mr. Slavotic q) Carryover from tonight's hearing (if any) r) Appl. #4626.Ic filed 9/14— Faith Reform Baptist use, Matt. s) Appl. #4627. jd filed 9/15 — B. Charles, Peck Pl., Sid. IV. OTHER RESOLUTIONS/ACTIONS: a) Appl. #4619.It — A. Lettieri & Gazza/280-a. Await Possible town engineer recommendations-report on right-of-way construction areas, map of pending subdivision info showing four lots to which fire vehicle access is necessary, etc., coordination with Planning Board, response from Soil and Water Conservation District, map showing wetland areas near right-of-way (if not on pending subdivision map). b) Appl. #4621.jd — Poncet (Deegan, Owner). Await additional information on lot creation, flood elev. zone boundaries, setbacks, applicant's interest in property/disclosure (file incomplete). V. RESOLUTIONS/MISCELLANEOUS/OTHER: A. Resolution to Approve Minutes for: June 23, 1998 Special Meeting July 23, 1998 Regular Meeting August 13, 1998 Regular Meeting. B. I. Erey - Request for Rehearing for Alternative Relief. C. North Fork Nursery/Lebkuecker - Request to Amend Variance Reques for Fence Height only, without retaining wall variance. VI. DELIBERATIONS/DECISIONS. VII. EXECUTIVE SESSION: Litigation updates. Page 5 - Agenda Upd- X9/23/98 Regular Meeting of '4/98 Southold Town Board of Appeals Mattituck Products, Inc. v. Town. Petikas v. Town. Hay Harbor v. Town. `' -(X)-113-9-1,1; - _ radiotow,er,andanenna,fall un- , '7:10 p:m:`App:-No:--4602 derh .Pro, is=of_Wireless �•LIP FORD'=-AND •''RtJTH•`i' CommunicaaArticle-XVIof �E'' CORNELL. -This is a'--r`egiiest`'•'- the South641TownZot}in8Code,,._ ss: i fora Variance underAiti`cle IIIA' whe�ir,it,:is iirtended for the:pni-;s Section1'00=30A:3`lot abuil-ding�'vateuseofan;uyvnenwho,opera-, 1 permitaiithoriziiigth'e`construc-_j tions a3 W Radiq;wideer;a�Isi=:•�,g duly sworn, says that tion/1ocationof an"as•built"ac- cense,issued t9�luii�/hei.by1tlie-';, cessory gazebo structure,which,., FCO. rtlie',purpose'o;fcoir iu}ordinator,of the TRAV- willexceedthe'ROWlotcoverage nicating;;a11A°as;parr of 1iis/lier iblic newspaper printed limitationoftlie•code'at325fWi1=-': business;^lw4henylocated.iui�.4.r4OUnty; and that the no- low Point Road?Southold, Li'ht=Indus 1 L•' Zone Dis Parcel 1000=56=5=26,alsoktiodstn pct?" s '°-ty'pr,i5-: ``-,, , ;'=~'a red is a printed copy, • as=720pmWARTHUR'TOREL.',,, YUKBAS OGLUQ`;'C,oitfract'-iid Traveler Watchman regarding properties'known-as:, Vendee:,Sopiiok Kim;;current -'LEGALNOTICE r owners::ROBER ',:•and'ETHEL". r ''° '''�` 365'_Westwood�I;aiie,�and)465' SOUTHOLDTOWNBOARD : Westwood•Lane,Greenport,-NY SCHROEDER Applicarit'is''ie;', weeks >OFAPPEALS.=---�, ,.,s• MaprofEastern Shores,Sections., ques4ng.an';Interpretation toF `" `'d3;,THURSDAY, ';'-: `s 2,-Lots'#67�andr#68 „Parcel,ID,•; Reverse Building Inspector's,','• On the 'L'SEPTEMBER24,1998 Nos.1000-33=2=°10 and l l,•as fol- April:.1,t1998`,Notice,of,=Disap-` g Nt2TIC1;'ISI REBYGIVEN,' lows;. ^ti:•;,i I:.-01-5,..b...-.07i I,' _- proy,iI iufuch."applicanfapphed ! ��,�,, Gj pursiiantl.to'Sechon267;'of the; •Appl `•No"4603, for a Lot to use.pie,,. es as•an;automo=' • '• y ” TownfLavv and`the'Code of-,ttie: 'WaiverunderArtieleII,Section bile service station with•=gas;t-• Te.vsof Soutl}old,.the.following_.>...1.Qt?•; 6're,garding`an.existing pumpsr1The;$uilding•,Inspector applicati,* rill b}e held forpub=;,-r ,;nonconforming lot identified on disapproved,i the-subject_apph= liq;h'earingsby,tl*SOUTHOLD: 'tlieSuffolk-County'Tax Map as cationundec,Aificle,XXIV,,Sec- ,1 TOWNBOARD OF APPEALS,' Lot i'1;Section 33;Block 2,.which _ tion100:241-(3 for'tlie'reason that at'the"SoutlioldTownl-Iall,-53095` lost as been deemed merged with . the;proposed;:useis;adiscontin-,;;is 3 day of Maim cjacl;Soirttiold,NewYoik adjacent,-lot ref,•#10, based on -ued•nonconfoiminI ise in tius;,v 11971, on`THURSDAY;SEP- the Building Inspector's August.,; R-40 Low-Density' -Residential:,•, l 9 9d TEMBER`24"1998'atthe times '4, 1997•Notice of pisapproval,•' • Districtand is therefor ino:longer• "" • noted lielow(oi ass'soon'tfie eaf and `.`,' 7 ' <,,,, ,, .-,{' ,,;.- ,�, t,z. _permitted:unless,a,;,variance is_, te`r:is':&ssibte): ;=-c-,1-c -'Appl-No.4604;for a Variance,'' granted by the Boardof Appeals.,; 6.30L p:m: . - . - HARVEY A. ARNOFF Attorney At Law 206 Roanoke Avenue, P.O.Box 329 • Riverhead,NY 11901-2794 Harvey A.Arnoff 516-727-3904 George E.Dazzo Fax No: 516-727-3940 September 9, 1998 Town of Southold Zoning Board of Appeals Town Hall Southold, NY 11971 Attention: Linda RE: Ali Yuzbasioglu #4582 Dear Linda: The Affidavit of Mailings which was sent to you on September 4, 1998 was missing the enclosed Legal Notice. Please attached this Notice to our Affidavit. Very truly yours, 4,HA VE A. ARNOFF HAA:kp Enc. r � Page 2—Legal Notice _ September 24. 1998 Heanngs Southold Town Board of Appeals LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, SEPTEMBER 24, 1998 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following applications will be held for public hearings by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, SEPTEMBER 24, 1998 at the times noted below (or as soon thereafter as possible): 8:55 p.m. Appl. No. 4582 - ALI YUKBASIOGLU. Contract Vendee: Soonok Kim; current owners: ROBERT and ETHEL SCHROEDER. Applicant is requesting an Interpretation to Reverse Building Inspector's April 1, 1998 Notice of Disapproval in which applicant applied to use premises as an automobile service station with gas pumps. The Building Inspector disapproved the subject application under Article XXIV, Section 100-241-G for the reason that the proposed use is a discontinued nonconforming use in this R-40 Low-Density Residential District and is therefor no longer permitted unless a variance is granted by the Board of Appeals. Location of Property: 4380 Route 25, Greenport, near East Marion, NY; 1000-35-5-4. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above application or desiring to submit written statements before the end of the hearing. Each hearing will not start earlier than designated. Files are available for review during regular Town Hall business hours (8-4 p.m.). If you have questions, please do not hesitate to call 765-1809. Dated: August 26, 1998. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN , LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, SEPTEMBER 24, 1998 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following application will be held for public hearing by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, SEPTEMBER 24, 1998 at the time noted below (or as soon thereafter as possible): 8:55 p.m. Appl. No. 4582 -ALI YUKBASIOGLU. Contract Vendee: Soonok Kim; current owners: ROBERT and ETHEL SCHROEDER. Applicant is requesting an Interpretation to Reverse Building Inspector's April 1, 1998 Notice of Disapproval in which applicant applied to use premises as an automobile service station with gas pumps. The Building Inspector disapproved the subject application under Article XXIV, Section 100-241-G for the reason that the proposed use is a discontinued nonconforming use in this R-40 Low-Density Residential District and is therefor no longer permitted unless a variance is granted by the Board of Appeals. Location of Property: 4380 Route 25,Greenport, near East Marion; 1000-35-5-4. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above applications or desiring to submit written statements before the end of each hearing. Each hearing will not start earlier than designated. Files are available for review during regular Town Hall business hours (8-4 p.m.). If you have questions, please do not hesitate to call 765-1809. Dated: August 25, 1998. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN • OFFICE OF ZONING BOARD OF APPEALS 53095 Main Road Southold, NY 11971 (516) 765-1809 fax 765-9064 August 25, 1998 Re: Application Notice Requirements Hearing Date: Thursday, September 24, 1998 Dear Applicant: For your record and next transmittal step, please find enclosed a copy of the Legal Notice regarding your application which will be published by our office in the next issue of the L.I. Traveler Newspaper. Pursuant to Chapter 58 of the Southold Town Code, notice of your application and hearing must now be sent by you or your agent, by certified mail, return receipt requested, to the all surrounding property owners together with a copy of a map or sketch describing the location and/or use of the property or new construction. Please send the notices by 9/2 if possible. Owners of vacant property and other properties, surrounding your project, along all sides and abutting the boundaries of the subject lot are those as listed on the assessment rolls. A copy of Chapter 58 is enclosed for your reference. Please also post the enclosed sign on your property at ten (10) feet, or closer, to the front property line, facing the street by 9/15. The sign must remain for a period of not less than seven (7) days). Once the sign is placed, please complete and return the Affidavit of Posting to us. If another sign is needed, please let us know. When the Certified Mailings have been sent, please furnish your Affidavit of Mailing to us as soon as possible, together with white certified mail receipts postmarked by the post office. Once the green/signature cards are returned to you by the post office, please file them with us. These will all be made a part of your permanent file as proof of service under Chapter 58. In the event there is any signature card that was not returned to you, please confirm the same at the public hearing for an update and record purposes. Thank you. Very truly yours, Enclosures Office of the ZBA rArt /' AviA,"6-1, ♦_to /Ccvc.cv ..p.j, .el•v NOTICE OF HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York, concerning this property. OWNER(S) OF RECORD : ?eitseeur y E'TzieLSrc1lieoEb�iE DATE OF PUBLIC HEARING : ZEPT 44- i ? 7 g'56". e• Th If you have an interest in this project, you are invited to view the Town file(s) which are available for inspection prior to the day of the hearing during normal business days between the hours of 8 a.m. and 4 p.m. BOARD OF APPEALS • TOWN OF SOUTHOLD • (516) 765-1809 ts: 4 Af Airsnoti.!9arb Sevevx ;, ( 1177: i BOARD OF APPEALS Southold Town Hall PO Box 1179, 53095 Main Road Southold, NY 11971 1111 ® ® ® ® ® 111111111111111111111 ■ TO: Harvey A . Arnoff , Esq . P . O . Box 329 Riverhead , NY 11901 - .volve , . } ,^1e'A)I'TY1/ 16 HARVEY A. ARNOFF Attorney At Law 206 Roanoke Avenue,P.O. Box-329 !TRiverhead,7NY_1i901,27.94 1-T7,-9 iTE:i Harvey A.Arnoff I r t+' I�-17 r-:;:.ititi 516-727-3904 George E.Dazzo �' � t' Fax No: 516-727-3940 11 21 219,v1, July-2-0;1998--_-- -- BY FACSIMILE (765-9064) Zoning Board of Appeals Town of Southold 53095 Main Road Southold, New York 11971 Re: Premises: 4380 CR 48 , Greenport County Tax Map #1000-35-5-4 Variance application of Ali Yuzbasioglu Dear Sir or Madam: By this letter, I respectfully request adjournment of the hearing in connection with the above-captioned matter. Please advise new hearing date. Very tru- ,/ou. s, Ha ey A. _ +ff HAA:ms cc: Anthony Tohill, Esq. ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK -------------------______-------------x In the Matter of the Application of ,� ' / / AFFIDAVIT V 1- A- d- Eihe Sct414 e 1W-.11\ OF (Name of Applicant) POSTING Regarding Posting of Sign upon Applicant's Land Identified as 1000- 3S - S - El COUNTY OF SUFFOLK) STATE OF NEW YORK) I, A L -I 4V,2101t& residing at 003 O k=1- rKSIV\ e • ocorb/a 4 , New York, being duly sworn, depose and say that: On the q day of VUl , 19(18 , I personally placed the Town's official Poster, with the date of heari�lg and nature of my application, in a secure position upon niy property, located ten (10) feet or closer from the street or right-of- way - facing the street or facing each street or right-of-way abutting this property;* and that I hereby confirm that the Poster has remained in place for seven days prior cakis the date of the subject hearing date, which hearin_ date was sho to be 921 q8 1 t • . r\- . .Sign tur•) 11 Sworn to befo a me this Ir�day of�i/� � ` ELAN MARKEWITZ NOTARY PUBLIC,State of New York :1 /71/ .�` No.4960358,Suffolk County mac% 6 CC. ( . No. Expires Dec.26,199./ (Notary Public) " . *near the entrance or driveway entrance of my property, as the area most visible to passersby. 0 a.1.--- ii t .=, ,:-.. . „,. ,,,,,t, ,, ,Iii JuL. z2,998, i' 1 1 ZONING BOARD OF APPEALS L .&219a /// TOWN OF SOUTHOLD:NEW YORK _�' ' In the Matter of the Application of AFFIDAVIT 11064- 4- Elkel QrtiLd e AE-11\ OF (Nance of Applicant) POSTING Regarding Posting of Sign upon Applicant's Land Identified as 1000- 36 - S - L COUNTY OF SUFFOLK) STATE OF NEW YORK) I, A L-I UV:'z- V 9 residing at I`(2-0 O kI `'\ eA , Ma/9444 , New York, being duly sworn, depose and say that: On the e day of VLA( , 1901 8 , I personally placed the Town's official Poster, with the date of hearing and nature of my application, in a secure position upon my property, located ten (10) feet or closer from the street or right-of- way- facing the street or facing each street or right-of-way abutting this property;* and that I hereby confirm that the Poster has remained in place for seven days prior citu, the date of the subject hearing date, which hearin. date was sho to be \ ►... J Sign tur•) Sworn to befo a me this 13day of tic,/ ,7. • l ELAN MARKEWITZ NOTARY PUBLIC,Slate of New York �, • No.4960358,Suffolk County C ...--0- ...., Commission Expires Dec.26,199, (Notary Public) *near the entrance or driveway entrance of my property, as the area most visible to passersby. / Z 714 142 741 Receipt for Certified Mail No Insurance Coverage Provided MATEO® Do not use for International Mail POSTAL eSTATES (See Reverse) Sent to �t p rte) �—V t'S 1*COccrr CgS Str! ea No /f �. ^/ P O,State eand ZlP,odefa.`//jT/Vl� v /J17 cO Postage IL /V$` 32- Certified 2- Certified Fee Special Delivery Fee Restricted Delivery Fee M Oai Return Receipt Showing r to Whom&Date Delivered i Return Receip yf-[.r..a, om, al Date,and •.trews: ddres TOTAL P. a! U j Q &Fees -. r o Postm 'C 7 Da "4:4A � F; Q7i a — Z 714 142 742 Receipt for Certified Mail No Insurance Coverage Provided UNITED STATES Do not use for International Mail (See Reverse) Sent to Street and flo,/6_ /^ 'a`r ^� P 0, to and ZIP Code r, aY/ NY 11/4i Postage $ Certified Fee Special Delivery Fee Restricted Delivery Fee th rn Return Receipt Showing T" to Whom&Date Delivered 2 Return Receipt S S� m •,,� Date,and Ad 1e1 s Ptd.ess • TOTAL Pos e4 / A &Fees �� / coPostmar�t•'.'�rte ' 7 "4. :. to Z 714 142 743 Receipt for Certified Mail No Insurance Coverage Provided UNITE STATES Do not use for International Mail POSTALSEW1LE (See Reverse) Sent to /y�� Street and96* �' frr�ti. 01,57 4o...6 /9,6 P 0,Smte and ZIP Code tre,empcs✓L. #vy//q Postage -3a Certified Fee Special Delivery Fee Restricted Delivery Fee M rn Return Receipt Showing to Whom&Date Delivered 2 Return Receipt o Whom, aDate,andse s �T To TA 4.44-7,, O &Fe co Pos�a)if.r_ O �F' f CO0- d SENDER: ' ' :0 ■Complete items 1 and/or 2 for additional services. I also wish to receive the in ■Complete items 3,4a,and 4b. following services(for an y ■Print your name and address on the reverse of this form so that we can return this extra fee): r: card to you 2.i c• j■ Attach this form to the front of the mailpiece,or on the back if space does not 1. 0 Addressee's Address v permit Z at ■Wnte'Retum Receipt Requested'on the madpiece below the article number. 2. 0 Restricted Delivery N ▪ ■The Return Receipt will show to whom the article was delivered and the date rc delivered. Consult postmaster for fee. .° a 3.Article Addressed to: 4a.Article Number 0 CC Ili Z%/ti-Pia" 1 Y/ E 0. E lir,,,- LiS TvrS la COJ 4b.Service Type - d 7(01_a_ 2(•�JJp_ 8 id ❑ Registeredertified lifn W / G U 0 Express Mail Insured .N o 6r L4 rt /VY y 0 Return Receipt for Merchandi?❑ COD c a dCJ/ / 7.Date of Delivery •- z • dr 0 A m 5.Received By: (Print Name) • 8.Addressee's Address(Only if requested c w and fee is paid) ro L c 2 g 6.Signature:(Addressee or Agent) ( ~ PS Form 3811, Dec�f 1994 Domestic Return Receipt P UNITED STATES POSTAL SERVICE First-Class MailPostage&Fees Paid USPS Permit No.G-10 • Print your name, address, and ZIP Code in this box • • LAW OFFICES HARVEY A.ARNOFF P.O.BOX 328 RIVERHEAD.NY 1190i • d SENDER: :13 items 1 and/or 2 for additional services. I also wish to receive the CO ■Complete items 3,4a,and 4b. following services(for an m ePnnt your name and address on the reverse of this form so that we can return this extra fee): r.: card to you. ai =Attach this form to the front of the madpiece,or on the back if space does not d permit. p p 1. ❑ Addressee's Address tu =Write'Return Receipt Requested'on the madpiece below the article number. d a, p 4 p 2. 0Restricted Delivery N w =The Return Receipt will show to whom the article was delivered and the date n c delivered. Consult postmaster for fee. .0 a•0 3.Article Addressed to: , • 4a.Article Number w _ z )/Y/C/a )Q 3 fE o.E • /�J_ j - 77e_mh•��i 4b.Service Type P o / -. 0 Registered ertified ¢ RI-, rn W OG+ - 0 Express Mail Insured E C .i o 6_. I CJ/_ ❑ Return Receipt for Merchandise 0 COD im p 7.Date of Die 6Kwi per+ IVY//.7W / •co• g o 0 cc 5.Received By: (Print Name) . 8.Addressee's Address(Only if requested c w and fee is paid) •_ cc • t- g 6.Sl�gnatu ypr s t Ao / W PS Fo m 3811, Decem�er 1994 102595-97-B-0179 Domestic Retort) Receip ,Ft/( u7iCc t t-t First-Class Mail UNITED STATES POSTAL SERVICE Postage&Fees Paid USPS Permit No.G-10 • Print your name, address, and ZIP Code in this box• f LAW OFFICES HARVEYA.ARMOR/ P.O.BOX 329 • RIVERHEAD,NY 11901 • • Iii II II11I11I1111111111IIII1II 111111111i1111I111]IIII.,,,It i c`°1• SENDER: ,•0 •Complete items 1 and/or 2 for additional services. I also wish to receive the to ■Complete items 3,4a,and 4b. • •, following services(for an Cl ■Pnnt your name and address on the reverse of this form so that we can retum this extra fee): card to you. ai > ■Attach this form to the front of the mailpiece,or on the back if space does not 1. 0 Addressee's Address g E) permit. space Receipt Re uested°on the mad iece below the article number. m d P 4 p 2. 0Restricted Delivery w f, ■The Return Receipt will show to whom the article was delivered and the date ., c delivered. Consult postmaster for fee. °el- 0 3.Article Addressed to: 4a.Article Number w CCB. E a.Lad. a v- G 7;C f /G 4b.Service T e w EC o ,� c rn 2� ❑ RegisteredCertified cn u) WC( 0 Express Mail 0 Insured C W � Pai/1— ((9 "VN � (.j��2e.vt I ❑ Return Receipt for Merchandise ❑ COD O 7.Date of De'Very ° Q G f5.R:r- ed B :( n t a e) 8.Adffresse s Addre my if requested ��� and fee is paid) s g 6-Slgnature: s or gen , o ' • ' ' ' ' ' G(Z' 6t'S(OA ' _ PS Form 3811,December 1994 • , <; y : Domestic Return Receipt \ SAN°1, _ UNITED STATES POSTAL SERVICE O y : mPeatageSs& SxRaid=- = PM - - ' -- sem -- O '+ '�- Fermit'No7G �-t • Print your nami61,4dc bss!and ZIP Cade=in=this boz•T,�2.__ ��`'a .p ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK Yip the Matter of the Application of AFFIDAVIT ROFJ IfT e ETHEL. SCHPDEAE ' OF (Names of Applicants) _ MAILINGS Parcel ID #1000- 35 - 5 - ir!J�� �%`"- -----_-_------------_—_—____—x • /// 4JU 1111 i L Q8 COUNTY OF SUFFOLK) 1 - , STATE OF NEW YORK) ( L ;�� 61-ry Pi -1' residing at AQUA' a o& 0E/ , New York, being duly sworn, depose and say that: On the .2n d day ofJ c/ , 19 98 , I personally mailed at the United States Post Office in 17i vevhe& ,New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the()()Assessors, or ( ) County Real Property Office , for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. lie (sig ure) Sworn to bef i. : me th' day , 19W. t VARVEEY A.NNW :1 An PUBLIC.State of Nevi Ye* (Notary Pu� � - 52•Q098585• mmission spires / PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed Thank you. Gillispie, David Jr. and Roda 4445 Main Road Greenport, NY 11944 Lot #35-2-7 Heaney, Robert J. Rt. 25, P.O. Box 196 Greenport, NY 11944 Lot #35-2-8/Lot #35-5-5. 3 Apodiacos, Eraklis and Ors 7122 Ridge Blvd. Brooklyn, NY 11209 Lot #35-5-3 C-'‘‘ r e --T, ri W E rr,\-1 >1 JUL .2 21998 '! , • Page 7 - Legal Notice Hearings for July 23, 1998 Southold Town Board of Appeals LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, JULY 23, 1998 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following application_ will be held for public hearing by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, JULY 23, 1998 at the times noted below (or as soon thereafter as possible): - 7:00 p.m. Appl. No. 4582 - ALI YUKBASIOGLU. Contract Vendee: Soonok Kim. Owners: ROBERT and ETHEL SCHROEDER. Applicant is requesting an Interpretation to Reverse Building Inspector's April 1, 1998 Notice of Disapproval in which applicant applied to use premises as an automobile service station with gas pumps, and the Building Inspector disapproved the application for the reason that the proposed use is a nonconforming use in this R-40 Low-Density Residential District. Location of Property: 4380 Route 25, Greenport (near East Marion); 1000-35-5-4. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above application.` or desiring to submit written statements before the end of each hearing. The hearing will not start earlier than designated. The files are available for review during regular Town Hall business hours (8-4 p.m.). If you have questions, please do not hesitate to call 765-1809. Dated: June 22, 1998. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, Chairman 53095 Main Road Southold, NY 11971 516-765-1809 Fax 7657=9064j 1, ? rI~' JUL 2 2E3 111 ,1. r .'1/l't F- vr:- Pi2oPELTry -- • ----- -- - - - -- - -- ----- SUOVEY' G` FOC `r ? r . % * -- ../l IN ! ....._.-.!---11._(.......- -- • , i '! 41.N'VY � ! , r. CCM .r\lr-'oai.7-- -/O:"_-C:+ -, t ,cam.�c!'<-2.) -f- 'c - 53 Q .,ks,_ tr-17' /A _ ___ ___._ _ Y �' 1 'Elr O J/ ���' � = ZCvi -0 7:,4 ( 11---- - i x tl.. ' y / r I :-54-I <r I } \ _):‘ if qd� ItrFt � �! 7 • � f i !, �� F 1— — — I C 0 r�J / Sccele . .r�O'= r`--. — J ;\-i '` Z rif es !Jo. 8008- o 43 83 i„ k ofQ , .. -: 1 , � Q —_ =-?.?5 50.x• -2. , F.;-,:;':-.)1'::0-‘,\'' .�G^ -'9 50.A.. ��� / ,r. r � 1 1,1v•-41,virwl eli^rtti^n er ed''itien i i thr^surv^y is t..viointton of 1 • '...J ;"-nit 720^of tho New York Stein @rG a v'a M f`-e l ig to � 1 s.) �FtenentianLew. ch;'ca v 7-fet4 /rfsararsee Co. ;L ! �o^3r-of thi^survoy mop rpt bosrino 9 *.pf N E{,y_ I C i r' trr itnt'surveyor's Inked tool or SUYVeged Nov. l9, 198! AGK V,q re i, Bmbrasec+seal sticll not b considered A �� ' beeyell!truec C. y p i r °�' r�OC 'OuC- VAN 7ZUY` , P . v r;,a !a < Gunrantoo^Indicrtw!hereon eh^it run t t• 1Ar ' only to the person for wham the cum? 'i , Imo, �.t. i --r•r .,t, ;. le prepared.erai on his beheff to the - ee _ C t Z #. trt1"romrnny.eovcrnmontni ecorny end F o ft- 4.e • �` Ii?r�(l% CDUIf '/ �K Map tom:1��1CY�l:>r 1S lerd,n; mititution licte�'horoon oro! L1CpN5ed Lcrn� 5(.�rvt jo►'� 4'S+� CS 266 J _ to ihr,at^Mnaof of the lendint ifl ti- O LAND S I' r.'i-. I:DOC. >C':I- 0 {� i-311.:-.. 5'. Pc( -4. :u:.3,, r:_,nrtrtrtea ere net tranei`arehle Greets o44 "' New York c ' - a t^; ,..,'r,.a-groutiens or subsequent - . HARVEY A. ARNOFF //Di 1 , ; Attorney At Law /// 206 Roanoke Avenue, P.O.Box 329 Iii / U 2i7/,��'�8 ir,� //I Riverhead,NY 11901-2794 L„ 516-727-3904 Of Counsel: Fax No: 516-727-3940 Edgar Hills May 22, 1998 Southold Town Board of Appeals Town Hall Southold, NY 11971 RE: Premises: 4380 CR 48, Greenport Variance application of Ali Yuzbasioglu Dear Sir or Madam: Confirming my secretary' s conversation with your office today, please be advised that the above applicant, who is now the contract vendee, is asking the Town Board for an evaluation and not a variance as stated at number 3 of the application. Would you please -also change the address of the property as being on Route 25, not County Road 48 . Thank you for your courteous attention. Very trul, yours, HAA:rd - . . HARVEY A. A. OFF cc: Ali Yuzbasioglu I of ,\OSVF04 ELIZABETH A.NEVILLE 04. Town Hall,53095 Main Road TOWN CLERK c :c P.O.Box 1179 y 2 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS1,� Fax(516)t765-1823 MARRIAGE OFFICER 4' cv •� Telephone(516) 765-1800 RECORDS MANAGEMENT OFFICER .,Q( $,`a FREEDOM OF INFORMATION OFFICER - , �'� OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD APPLICATION FOR PUBLIC ACCESS TO RECORDS INSTRUCTIONS: Please complete Section 1 of this form and give to Town Clerk's Office (agency Freedom of Information Officer) . One copy will be returned to you in response to your request, or as an interim response. SECTION I. TO: (Department or Officer, if known, that has the information you are requesting.) RECORD YOU WISH TO INSPECT: (Describe the record sought. If possible, supply date, file title, tax map number, and any other pertinent information.) 4Alts .*14- t-i Signature of Applicant: "JIM •II� -�— Printed Name: �i-o. I n 1-4-,L Address: I L ( S L 12,u Li. / ( q Mailing Address (if different from above) : I'tJ% ( 3 o ie- - ( (To Telephone Number: -71.7 e- ; Date: i f ( 3 13 r [ [ APPROVED [ I APPROVED WITH DELAY* [ I DENIED* RE` EIVrtm a �YPG4,�� JUL i j 173 �zabeth A. Neville IOW11 ( eSoutnoltl Freedom of Information Officer * If delayed or denied see reverse side for explanation. OFFICE OF ZONING BOARD OF APPEALS 53095 Main Road Southold, NY 11971 (516) 765-1809 fax 765-9064 +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ June 22, 1998 Re: Application Notice Requirements ' Hearing Date: Thursday, July 23, 1998 Dear For your review and transmittals, please find enclosed a copy of the Legal Notice regarding your application. Our department will publish the Notice in next week' s issue of the L. I . Traveler newspaper. Pursuant to the provisions of Chapter 58 of the Southold Town Code, notice of your application and hearing must now be sent, by certified mail, return receipt requested, to the all surrounding property owners together with- a copy of a map or sketch describing the location and/or use of the property or new construction. Please send the notices by 7/3. Owners of vacant property and other properties, surrounding your project, along all sides and abutting the boundaries of the subject lot are those' as listed on the assessment rolls. A copy of Chapter 58 is enclosed for your reference. Please also post the enclosed sign on your property at ten (10) feet, or closer, to the front ' property line, facing the street by 7/15. The sign must remain for a period of- not less than seven (7) days) . Once the sign 'is placed, please complete and return the Affidavit of Posting to us. If another sign is needed, please let us know. When the Certified Mailings have been sent, please furnish your Affidavit of Mailing to us as soon as possible, together with white certified mail receipts postmarked by the post office. Once the green/signature cards are returned to you by the post office, please file them with us. These will all be made a part of your permanent file as proof of service under Chapter 58. In the event there is any_- signature card that was not returned to you, please confirm the same at the public hearing for an update and record purposes. Thank you. Very truly yours, Enclosures - Office of the ZBA applicant.1n.(ion § 58-1 NOTICE OF PUBLIC HEARING §58-1 Chapter 58 NOTICE OF PUBLIC HEARING § 58-1. Providing notice of public hearings. [HISTORY: Adopted by the Town Board of the Town of Southold 12-27-1995 as L.L. No. 25-1995. Amendments noted where applicable.] § 58-1. Providing notice of public hearings.. Whenever the Code calls for a public hearing, this section shall apply. Upon determining that an application is complete, the board or commission reviewing the same shall fix a time and place for a public hearing thereon.The board or commission reviewing an application shall provide for the giving of notice: A. By causing a notice giving the time, date, place and • nature of the hearing to be published in the official newspaper within the period prescribed by law. B. By requiring the applicant to erect the sign provided by the town, which shall be prominently displayed on the premises facing each public or private street which the property involved in the application abuts, giving notice of the application, the nature of the approval sought thereby and the time and place of the public hearing thereon. The sign shall .be set back not more than ten (10) feet from the property line. The sign shall be displayed for a period of not less than seven (7) days immediately preceding the date of the public hearing. The applicant or his/her agent shall file an affidavit that s/he has complied with this provision. C. By requiring the applicant to send notice to the owners of record of every property which abuts and every property which is across from any public or private street • § 58-1 SOU I1OLD CODE § 68-1 from the property included in the application. Such notice shall be made by certified mail, return receipt ested,posted at least seven(7) days prior to the date of the initial public hearing on the application and addressed to the owners at the addresses listed for them on the loca�dassessment that roll. s/he The hash►complied nth shall this file an provision. ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK hi the Matter of the Application of AFFIDAVIT OF (Names of Applicants) MAILINGS Parcel ID #1000- - - COUNTY OF SUFFOLK) STATE OF NEW YORK) I, residing at , New York, being duly sworn, depose and say that: On the day of , 19_, I personally mailed at the United States Post Office in ,New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the( )Assessors, or ( ) County Real Property Office , for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. (signature) Sworn to before me this day of , 19_. (Notary Public) PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed Thank you. . ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of AFFIDAVIT OF (Name of Applicant) POSTING Regarding Posting of Sign upon Applicant's Land Identified as 1000- - - __________________________x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, residing at , New York, being duly sworn, depose and say that: On the day of , 19__,I personally placed the Town's official Poster,with the date of hearing and nature of my application, in a secure position upon my property, located ten (10) feet or closer from the street or right-of- way- facing the street or facing each street or right-of-way abutting this property;* and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date,which hearing date was shown to be (Signature) Sworn to before me this • day of , 19_ (Notary Public) *near the entrance or driveway entrance of my property, as the area most visible to . passersby. - - - Page 7 - Legal Notice Hearings for July 23, 1998 Southold Town Board of Appeals LEGAL NOTICE SOUTHOLD TOWN BOARD OF A1'PEALS THURSDAY, JULY 23, 1998/ NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold,, the following application. will be held for public hearings by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, JULY 23/1998 at the times noted below (or i as soon thereafter as possible): 7:00 p.m. Appl. No. 4582 -/ALI YUKBASIOGLU. Contract Vendee: / Soonok Kim. Owners: ROBERT and ETHEL SCHROEDER. Applicant is requesting an Interpretation/ to Reverse Building Inspector's April 1, 1998 Notice of Disapproval/in which applicant applied to use premises as an automobile service station with gas pumps, and the Building Inspector disapproved the appli ation for the reason that the proposed use is a nonconforming use/in this R-40 Low-Density Residential District. Location of Prope ty: 4380 Route 25, Greenport (near East Marion); 1000-35-5-4. The Board of Appeals will at said time and place hear any and all persons or redresentatives desiring to be heard in the above applications or desiring to submit written statements before the end of each hearing. The hearing will not start earlier than designated. The files are available fo review during regular Town Hall business hours (8-4 p.m.). If ou have questions, please do not hesitate to call 765-1809. Dated: J,ne 22, 1998. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER,, Chairman 53095 Main Road Southold, NY 11971 516-765-1809 f- �� Fax 765-9064 ,r%i�LLEGAL 1�JOTICE' "' .` �` '7:00 p.m.Appl,•,No:;4582- y`'-SO.UTHOL'D TOWN'''''.-''''� IOGLIJ,i.Gori- ALI YUKBAS -=y BOAHDIOF°. PPEAES''`-"` tract;\/i rides: Soonok,Kim. THURSDAY; • -.,,„�L.`,r., 'Owners•1ricROBER;T �AND� JfJI,4Yk23 S,,,, • '`�; ,.-; ETHEL,�S( ROEI�?l�R�Atpli "NQTIC4;:.1S,:',HEREBY• ;,j, is-trequestingan=Ii terpreta�: ' GIVEN;pigs,wittoSection 267 ;1',,.�tieO,to;, gver_se_-•,Building of the Town-Law and the Code •,:Inspector',s.Apri11•;F,J,998Notice , , of the Town�of Southold,,the fol-.;,• of DisapprgYal.ii:which apjh-.r }lowing applications'will be held :cant.app-i 01:serpremises,a.•Li• •for'-public Bearings`by, the,, ;-<an:autom tire_=seryice.,station. •:;SOUTHOLD TOWN-BOARD 'with gas-pipn,s, d,the Dm14 �� "'"' -OF APPEALS,at the Southold .:�in 1?e or- proiceckMe-ap��_...,, -T_o�Sa11 53095-Maiw Road. ^,Plication for e..reason-ithavth ° ..,-,' ' . - Southold,New York 11971,on , -propos use is a noncon orm- THURSDAY,JULY23,1998 at• ,ing use in this°;R=401:orDen- • COUNTY OF SUFFOLK ;the times noted below(oras soon sity Resideential_tDi8 t Route c25-• x, thereafter-as possible):'`'" •-tion of Pro erty. Q ,6.30:p.m.'Appl.•No. 4579- Greenport-(near East=Ivlarion);' STATE OF NEW YORK ss: 1, , • -EDWARD ' •&• ''AUDREY 1000-35-5.:4,x`':_?-2:.1 '-',=;;' CIELATKA:-This is-a request -' `7:25p.m-4AppLFNo,4587-- fora•SpecialExceptioiiunderthe JOHN DWYER:iApplicant is Patricia C. Lollot,being duly sworn,says that -Zoning Ordinance, Article III, ,reeqquestingaVarianceUnder Ar-- she is the Production Coordinator,of theTRAV- A c esso. 0 Apart to establish bale XXIV, Sectionuild 100-244, ELER WATCHMAN,a publicnewspaper Accessory" Aartiiienf Use in based :•uponothe �Buildin news a er printed 'conjiinctionwithresidenc of the oInspector's'Mayc5,1998•Natice at Southold, in Suffolk County; and that the no- owner,`=a11•in the,piincipal build-' of Disapproval whichi disap- ing oldie owner-applicants',Lo- - droved an;applicatiorrfor a per- tice of which the annexed is a printed copy, cation'of'Property:260 Cedar :mit to':construct addition.to has been published in said Traveler Watchman Road(at iiiter eectionwithSum- •,dwellin _for.the--reason that,.it, mitRoad), outhold,NY;.1000- encroaches on the combined side' once each week for X78-9-29(Bayside Terrace). :.yard setbacks:Locatioriaf Prop- Weeks ' 6:35 p.m. Appl. No. 4581- -erty..2625j1Bay, Shore-Road, , 2 JOSEPH LEBKUECHER. This t-Greenport;_- ,P cel?#1000- isarequest for aVariance•based - 53-4-21. :i,,.c,'.:lio s', , successively, commenci . on the r;; l JNasi1544- Q upon tlieaBuilding Inspector's '7:30"p.m;Ap � ,19 f p ; March-4,0998 Notice o Disap- MARTIN'ROSEN (OWNER: provahregarding the proposed \Booker=aud'ano.).iI:ocation:of day of /� construction-of a'retainmgtwall ' ''Propeity 1'1780 Sound ASenUe, up,to-2O feet in height.The rea- --- ttituc) Count'1 cel#11Q.OQ- ��'y -- sons,of disapproval is:that°the-�,°141=3=44:Tliisis'a Conti ivatton' i, 4 1n.ri . proposed,retaining wall-being %of,r ublic'hearing,regarding locatedtip the front yard iir the `,applicant's reiluest'for'an Inter- 2 dayQof be,higslriet�iinAiift.;Articletted to 'to =son a th tic)t�4 d Sworn to before me is �19of be.higher••than;f}rsft.;Article - I XXIII,S9ction`_100=.231-A.14- 'Industrial:pffice.Zorie`District, cation'iofi ;Property:, 93.5. and/or Variancesbaseduponthe Franklinville Road:4aurel; "-Buildi'n'g,Ib'stiector's,Februa 1.000.;12,5:-.2i2::p2 S 'wrioY ; 18,'1998 Notice of DisapproV L ✓ 6:40 ,n?;,Apel„ Tp�;4583; •-'digspproyirig W.-Wilding'permit BRETT AND • MA•RIA applicafiori to construct"a ower . --d/ ,^e` MELLINGER._ThisisAarequest ' for teleeommunicationsuse,'for Notary Public fora Variance under Article III, , e"following,reasonsl.:-;,?,,.•:,. -Section 100-30A.3,based upon „11 the proposed telecon1mu BARBARA A.SCHNEIDER the Building Inspector's'May 21,_ -'nications tower being 1'o'catedbn i tice of Disapproval.for a non-,conforming lot iri,an LI - NOTARY PUBLIC,State of New York a--bmiduildingPermit'to=construct, tDistrict isnot permittedaccord- No.4806846 deck=addition andiattaching-the, ; jut?Section I,QQ-16 B,_F; Qualified in Suffolk Couny / existing,accessory"pergola with ,. 2 the proposed tpyie'r being• Commission Expires 2/3/ 7e its se on the lot is re- les than g.51 t.necessaryf f backraa :"#q ed topbave°a`rear-Yazd set- ,piincipa.'th plains gocation"of baalro�f 70 fee61.11 uant 16-'‘Art. Propert 440Midlandrierkway, ' XIV,100-142.;• - , • - Southold;•1000-88=2=12,1, :, 3)thepr"oposedltower,is re- '6:45 p,iii,g'•ApPE-No:4585- quired-to belocated'�atleast one- ISKENDER PREY-AND AN- hnndred,(100)feet from the near=- GELICA BENGOLEA.-This is • gst dwelling unit Pur-uant.to Ar- a request;based upon the Build- title--„XV F- pytion'-V 1:00- -'ing inspector's May,21,:1998 �Lf 2C`3 ”' :,-c,.--G...,��-,-,--,--;" Notice o£Disa provalfor,aVat}- .,.,TheBoaniot�?Cppealswillatsaid - _'ince,under Article-XXIII,Sec- ',`timeandplacehearanyandallper- _tion 100-29:4 B:fop a,deck.ad- - sOn7 or-t,epresentatives:ilesiring to . -clition pnd alteration which.,will be he�rdtin the',aboye,;appli,44•,oiis 1-be=located within-•75;feet of a --or i-g46:s niitvvritten state "bulldiead adjacen't'to a tidal wa- 'ments,beforethee"d ofeach heir- ,e ter•bodyGardiners Bay),a680, prig.TeliearingwllngtsarGear- •;South LLane;East Marion;100Q- -li than_ ad"Tti6fsa t38-67 Thg,.sub)eot property is 'available==fpr A'prew dpi ng,Town -.,noncon£ornlulg in of Fe and kin- j bils.A liouis:( 0-p)•W""u- - ' cited in the R-40 Low-Denshave questions',please front hesi- ;P.esirdential,Zone District tate to call7(5-1809.,' t , ,1.}, ,;t . 6:50 p m.Appp1.,No"-4586_- Dated June 22;,198 • ZLSA;.N C LROY._ Thisis; ( `_`-'- '''• B\'ORDEROF TILE - ,requeseliased upon the Build- 1,321.1,-'SdOTITOI:DTOWI� -Rig Inspectoi?s Jul-Y:2209973%1,o- - :- ' BOARD OF APPEALS"= ,tice off Disapproval for a buil - G,E tAlW p;GOEHRINGER,' prig Permitregarding an as built . - 1.,.., - \Chairman im swminggpookwhicliis'not_lo= „j#„s;;•'''s-'' -IX-7L2/98(211)' ,.cated,iii the required`reartyard ' -=' '_'-"''-.-f:'.' . Pursuant to Article IIIA,`Section _100-30A4:,Location of-,Prop-, erty:-2565:Long Creek-Drive,' tSouthold;1000,-52-8-2. -•• -,-' 6:5 5,p.m. Appl:-No.4588 r' MICHAEL PIS.(►CANO.This -.0 ---� - a request for-a-variance:under - - - ArticleIIIA;Section 100,-30A3; basedi,upon�� the.•.Building , --=Inspector's::-.s June_15,11998J No7 dee,of Disapproval for permis-- ' ' , cion:to reduce frontyard setback' - - from,-50.feet-to'approximately• , 48.5 feet,for the"as built";dwell- ing,foundation at 865'Leeward- ,. Drive,Southold;-1000-79-7 25.- - A. N JAvrErprerall ON lb a verse- b© .. . bKTllJW NOTICE OF HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York, concerning this property. OWNER(S) OF RECORD : Robed- + emet Sct-IDEbtk DATE OF PUBLIC HEARING : 1 : is Thurs . 199 1P � If you have an interest in this project, you are invited to view the Town file(s) which are available for inspection prior to the day of the hearing during normal business days between the hours of 8 a.m. and 4 p.m. BOARD OF APPEALS • TOWN OF SOUTHOLD • (516) 765-1809 Oa&5TIbN : Jci %)ø • ELIZABETH A.NEVILLE ����' ®���; Town Hall, 53095 Main Road TOWN CLERK ; ® P.O. Box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS O �'�� Fax(516) 765-1823 MARRIAGE OFFICER \ ®� • �Q/ Telephone(516) 765-1800 RECORDS MANAGEMENT OFFICER ��ss22, �� �� FREEDOM OF INFORMATION OFFICER ,.�' -v. 1 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Zoning Board of Appeals FROM: Office of the Town Clerk DATE: May 29, 1998 RE: ZONING APPEAL APPL. NO. 4582 - ALI YUZBASIOGLU (OWNER - ROBERT & ETHEL SCHROEDER) Transmitted herewith is ZONING APPEAL APPL. NO. 4582 - ALI YUZBASIOGLU together with a letter from Harvey Arnoff dated May 22, 1998, the Reasons for Area Variance, a letter dated April 39, 1998 from the owners Robert & Ethel Schroeder giving consent to Ali Yuzbasioglu to sign and submit the application,to the ZBA, a letter from Harvey Arnoff dated May 15, 1998 listing the documents enclosed, the Notice of Disapproval from the Building Department, the Zoning Board of Appeals' Questionnaire, a copy of the survey map, the Applicant Transactional Disclosure Form, a copy of the tax map and a copy of a Local Law in Relation to Permit Fees. Elizabeth A. Neville Southold Town Clerk HARVEY A. ARNOFF Attorney At Law 206 Roanoke Avenue,P.O. Box 329 • Riverhead,NY 11901-2794 June 19, 1998 Harvey A.Arnoff j-- -ir,--.- _ 516-727-3904 George E.Dazzo j (I Fax No: 516-727-3940 \ JU�9 221998 Town of Southold //I\ 3 !t Zoning Board of Appeals (_W_w m~�-�`�---' %' Town Hall " .__ '--- Southold, NY 11971 Attention Linda RE: Ali Yuzbasioglu #4582 Dear Linda: Please advise if a firm date in July has been scheduled for the hearing in the above matter. Very truly yours, HARVEY A! OFF HAA:kp cc: Ali Yuzbasioglu — 7,777 HARVEY A. ARNOFF 1! " _,� MAV 2 2 R8 Attorney At Law 206 Roanoke Avenue, P.O.Box 329 Riverhead,NY 11901-2794 516-727-3904 Of Counsel: Fax No: 516-727-3940 Edgar Hills May 15, 1998 Southold Town Board of Appeals Town Hall Southold, NY 11971 RE: Premises: 4380 CR 48, Greenport Variance application of Ali Yuzbasioglu Dear Sir or Madam: Enclosed please find the following documents with reference to the above matter: 1. Notice of Disapproval; 2 . Application with owner's consent attached; 3 . Questionnaire; 4. Seven copies of survey; 5. Transactional Disclosure Form; 6. Check for $200. 00 filing fee; 7. SASE. After you have reviewed the enclosures, please notify our office of the hearing date. Very truly yours, HA'VE . ARNOF HAA:kp Enc. cc: Ali Yuzbasioglu Southold Town Board of Appeals Town Hall Southold, NY 11971 RE: 4380 County Road 48,, Greenport SCTM: 1000 - 35 - 5 - 4 To Whom it May Concern: The undersigned are the owners of the above captioned property, and hereby give permission and consent to ALI YUZBASIOGLU to sign and submit to the Southold Town Board of Appeals an application for a pre-existing non-conforming use as a automobile service station. LOP : I ROBE'T S ROEDER i/ Zet_64 ETHEL SCHROEDER Dated: April 2 °, 1998 s - -7W -P /a�/9� MAY 2 .8 1998, 6�a ,., Town Clerk Southold �°O 4* TOWN OF SOUTH OLD, NEW YORK • APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. 9.6--gs DATE ri 1998 TO T•I IE ZONING BOARD OF APPEALS, TOWN OF SOUTI IOLD, N. Y. I, (We) of YUZBASIOGLU of 640 Old Country Road Name of Appellant Street and Number Riverhead New York • HEREBY APPEAL TO , Municipality State Ti tE ZONING BOARD OF APPEALS FROM TI IE DECISION OF TI IE BUILDING INSPECI.OR ON APPLICATION FOR PERMIT NO. N/A DATED December 15 , 1997 WHEREBY THE BUILDING INSPECTOR DENIED TO SOONOK KIN! (contract vendee) Name of Applicant for permit , of 2148 Clintonville Street, Whitestone,NY Street and Number Municipality State ( X) PERMIT TO USE , ( ) PERMIt'FOR OCCUPANCY • ( ) 0„t 4 0 7/9 e I. LOCATION OF THE PROPERTY 4 3'80 Route'. ,;,Greenport Su' et /Hamlet / U'se District on Zoning Mop District 1000 Section 035Block05 Lot"4 Current Owner Robert and Ethel Schroeder Map No. • Lot Na. Prier -04,dner William,Ballan , 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.) , Article XxIV Section 100-2416 • 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( ) 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. 16 Sec. 280A Subsection 3 tre ®�� (X ) A variance for non- fo--r-ming use (pre-existing) s e DT (}drirrana // 'SI' .S 4. PREVIOUS APPEAL A previus appeal N)f (has not) been made with respect to this decision of the Building Inspector or wttl? respect to this property. • ';Zy , Such appeal was ( ) request fotr a special permit ( ') request fo a variance - and was mode in Appeal No. Dated , • REASON FOR APPEAL. ( ) ''A Variance to Section 280A Subsection 3 4 ( ) A Variance to the Zoning Ordinance (X ) To reverse decisionof buildingins ector determ in that non-conform- -ing use. nas Peen aandoned rora period of more €nangtwo years . is requested for the reason thatthe building inspector' s decision waw arbitrary, ' capricious and unsupported by the evidence because he did not conduct an investigation, interview witnesses or Otherwise compile a sufficient factual basis for making his determination. Form ZUI (Continue on other side) & 9' 6tt14Jj REASONS FOR AREA VARIANCE ONLY (to be completed by applicant) : Do not use these standards for "use variance" or "special exception. " (Also attach sheets if necessary, with signatures. ) 1. An undesirable change will NOT be produced in the character of the neighborhood or a detriment to nearby properties, if granted BECAUSE: , 2 . The benefit sought by the applicant CANNOT be achieved by some method, feasible for the applicant to pursue, other than an area variance BECAUSE: 3 . The amount of relief requested is not substantial BECAUSE 4 . The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district BECAUSE 5 . Has the alleged difficulty been self-created? ( ) Yes . ( ) No. • 6 . This is the minimum that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community. STATE OF NEW YORK) COUNTY OF SUFFOLK) ,gp Al (Applicant) LI �YUZ aSIOGLU Agent must at ch written consent from owner. Sworn to before me thisad day of April _ 1. 98. fj/Ctivikk.) ' '7 / i Notary Public 4 .A 'u k3"P .hv Yet IttIgglipp ppyy s[{���'(/ $..4 w v# 6'0. -v`wL`'�S' .v°:LC;`�Pd Caliabli 444 a zxtlk/form.varitemp –— FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL DATE: 4/1/98 To Cruser,, $Ma}A .Atunff P 0 Box 329 Riverhead, NY 11901 PLEASE TAKE NOTICE that your application dated o erate an automobile service• station with gas pupgps at for permit to P ------- ----- ---- -- -- - - 4380 Cty. Rd. 48 Greenport Location of Property House No. Street Hamlet County-Tax Map No. 1000 — Section 35 BLOCK 5 LOT 4 Subdivision Filed Map No. Lot No. is returned herewith and disapproved on the following grounds . the. PTPPP.W.PPR-ZApfPT>n-ng. use as an automobile service station being located in an R40 zone has been discontinued for. a period_ of more than two W. years and therefor is.no.lopgpj.pgrwi d.unless. a- variance, is-granted by, the Board of Appeabj_,.PArsuent.to. Article.may.100724.1G... .Action. . . required by the Zoning Board of Appeals. BUI D G SPECTOR RV 1/80 �y • APPLICANT TRANSACTIONAL DISCLOSURE PORN The Town of Southold ' s Code of Ethics prohibits conflicts of interest on the part of town officers and employees . The purpose of this form is to provide information which can alert. the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same . YOUR NAME: YUZBASIOGLU, ALI — (Last name , first name , middle initial, unless you are applying in the name of someone else Or other entity, such as a company . If so, indicate the other person ' s or -company ' s name . ) NATURE OF APPLICATION: (Check all that apply . ) Tax grievance Variance X Change of zone Approval of plat Exemption from plat or official map Other (If "Other, " name the activity. ) Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares., YES NO If you answered "YES, ", complete the balance of this form and date and sign 'where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself ( the applicant ) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided . The town officer or employee or his or her spouse , sibling, parent , or child is (check all that apply ) : A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation ) ; B) the legal or beneficial owner of any interest in a noncorporate entity (when the applicant is not a corporation) ; C) an officer, director , partner , or employee of the applicant; or D) the actual applicant . DESCRIPTION OF RELATIONShIP Submitted this day of mar 199r Signature / . Print name Ali Yuzb'asioglu • • • • • • • • QVESTI NNAIRE • FOR FILING WITH .YoUR Z.54A.. APPLICATION • • • A ' Please disclose the names of the owner(s) and any other dividu*ls (and entities) having a financial interest Lri the s -ject premises and a description of their interests: ( 'eperate sheet may be attached. ; eBE' T SCHROEDER and ETHEL SCHROEDER B . Is the subject premises listed on tIi7E7Egiii estate market lar s:.. a or being shown to prospective buyers? ( ) Yes i '} No. (.if yen. paease soaoh copy of "conditions" UNDER CONTRACT t3C3�s of sale. ) C • Are thew}any proposals to change or alter laud contours? ( } Yes NO D ( 1. Are there any areas which contain wetland grasses? NO 2. Are the wetland areas shown on the map submitted with this application? NO r 3. Is the property bultheaded between the wetlands area and the upland building area? NO 4. If your property contains Wet an s or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? NO B , Xs there a depression or sloping elevation near the area of p,oposed construction at or below five feet above mean sea • l- vel2 NO (Yf not applicable, state "N-A..") ' F ' Axe there any patios, concrete barriers, bulkheads or fences w .ich exist and are not shown on the survey map that you are +a ]- itting? NONE If none exist, please state " none." Do you have any construction taking place at this time • C. derning your premises? Nn If yes, please submit a copy ow your building permit and map as approved by the Building D artment. If none, please state. H , bo you orany co-owner also own other land close to this • p= cel? NIf yes, please explain where or submit copies o deeds.--- .t Please list present Use or operations conducted at this p= col operated as". a. public garage ,� and P--posed use _public garage • / • • ✓ Li ff/-• . 05/1 /98 _ At th AF ized i e."--ture and Date ALI YUZBASIOGLU 3i: 10/901k ' r e J . A ` TRANSMITTAL ME 1 _ J 1k\1 3P(' TO: ZBA Chairman and Members FROM: ZBA Office Staff DATE: /ft1 : U. /A, 62qSUBJECT: FiV _ Ac-1a1a-3(kr,Aec &j -1-e-a-H.) With reference to the above application, please find attached the following new information added to the official ZBA office file: . 4e-i. 0. ' I _.-4 _, . f • / x .9- --2,r A id, Comments: Number of Pages Attached: . ;73, " , 1 7' '.. . ' /Ito? .... • i i i i iF.014 r, ti /1! / ( PJ, /°-c_ 2te.e44,7 tow ti .rte ' .. ii , II Nib illi1 (o t /0</l-e.:ei -if/e4--2Ar. ;%'ef c`•2s ? - z 7 /Z. y07 "="42,1-12±(14;Vt FOR OFFICIAL USE BY STAFF AND MEMBERS ,S UPDATES TO FILE Ref: cA Le,,./U s-)„,441/1.A.4_,_) s/o?7/98 Z-02.4.4A-e* %_ ezaa eivz_h f . .rLu 44-.41y r RandefAo_IAA-'05 / f 8 Qddie ll )o (Y:tA-1-0-7-tc--e- /!Q kah.-a /R /98 -P Lc a3 / 09 6 /.,13 /98 �i.4ct • /i /as/97 " ///3 "' / /98 I /02/ / 00 ( 1bA /1 L1',r a / r ,1 ./.# �� 7- itCr L c ,ter I �' ���� ri/1�`-- - �. �/lea/'- I ,e • '/ ., � / / LPA dna Ae 140/ ez-a `re / /98 / /98 / /98 r/ /98 / /98 / /98 47o ibS s/s /c�„v/- 3 r r 5J 464. 4.•&,./.4l col 7iz 0bt. 0�.aot....> 3 / P - U 3/79 W,fJt JLk ill- '175 D crn a.GR -e4t,1e,J 17 - y 5 Ctt 4;2 9/CY - 15 pt/ 2-�i/q e .�/3v/7D ,41 LO /r104 \-may C��2Gr2 a��ll-1J `'L�U �"4-;" - /4"4"/ 56i" { Cin HARVEY A. ARNOFF ; ,� C1 ` } __ j_s;,J. ,, fir- ; ,; ,1 I J SEP 2 11998 ';i j i-. __..._._._ Attorney At Law 206 Roanoke Avenue,P.O. Box 329 0 Riverhead,NY 11901-2794 Harvey A.Arnoff 516-727-3904 George E.Dazzo Fax No: 516-727-3940 ' September 18, 1998 1 1 I Town of Southold Zoning Board of Appeals Town Hall Southold, NY 11971 Attention: Linda RE: Ali Yuzbasioglu J #4582 ! Dear Linda: Enclosed please the Affidavit of Posting with reference to the above matter. i Also enclosed are two Green signature cards we have received back to date. There is one card still outstanding as of this date - that of owner Robert J. Heaney. )1 Very tr-- ly urs, `';ies; SENDERe '`' /f 1 a a Complete ite e.,:, ` ju ai ®a d totoue name andaaand gbr additional services a i ®p trach th s form to address on the reverse E °Write n e't"Rent the front of the mail �ece of this form so that we can folio C Wlsh tp r Ve IF n Rec or return this Wing Se eCel the ! e ®dat vered rn Receipt w�ho ested"on them on the back�f space doe extra fee) rVICGS(for an t f rt[CleAddressee: to whom the aZlp ece below the snot 1 ❑ r Addre article was delivere amcle number AddreS 711. ssed to d and the 2 see's Address u pr' & Era/c date Restricted p elty lI 7122 Ridge is ApodiaCos 4a ArticleNut bonsultpostrnasterforfee J :) • Br°°k1 B1°d• .� Q f w Yn, Ny 11209 r 4b.Se ® "` :, ❑ rvlce Type Registered e cc Q - C Express Mail w Return Certified 1 w 5 Received 7 Receipf for Merch Icc nsure BY (t'rrntlVame) Date of Dehve ands ❑ ed e 0 6 ,•` _ ry COD '� attire, (Addles -e or 8.Addressee's Agent) and f e s Addres / ito s For 8 `, ee Is Paid) s(On/Y If requestedo 1,Decern a 1894, -0�J m _ _ 102595-98-B-0229 _ c Return Recetpt ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK • In the Matter of the Application of AFFIDAVIT Robert & Ethel Schroeder OF (Name of Applicant) POSTING Regarding Posting of Sign upon Applicant's Land Identified as 1000- 35 - 5 - 4 ---x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Ali Yuzbasioglu residing at 120 Old Main Rd. Mattituck , New York, being duly sworn, depose and say that: On the arc{ day of September , 19 98, I personally placed the Town's official Poster,with the date of hearing and nature of my application, in a secure position upon my property, located ten (10) feet or closer from the street or right-of- way-facing the street or facing each street or right-of-way abutting this property;* and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date,which hearing •ate w s shown to 9/24/98 (Sig ature) Sworn to before me this / , 19 9r A.BERGMAN Ma ®t NsTcd y �t /h/_ A/ Alt1�4,1 HotarY 464, ,SteuPteut feu #1 otary Publi �� Ter,, res Feb.25' *near the entrance or driveway entrance of my property,as the area most visible to passersby. 111 h �. S 4` 01998 I ? � ' I i P HARVEY A. ARNOFF Attorney At Law 206 Roanoke Avenue, P.O.Box 329 • Riverhead,NY 11901-2794 Harvey A.Arnoff 516-727-3904 George E.Dazzo Fax No: 516-727-3940 September 4, 1998 Town of Southold Zoning Board of Appeals Town Hall Southold, NY 11971 Attention Linda RE: Ali Yuzbasioglu #4582 Dear Linda: Enclosed please find our Affidavit of Mailings, white certified mail receipts and attached list of surrounding property owners. We will forward the green signature cards upon our receipt of same from the post office. Very trul yo s, HARVEY . A'. OFF HAA:kp Enc. • cc: - Ali Yuzbasioglu e , `, ail ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of _ AFFIDAVIT Robert and Ethel Schroeder • OF (Names of Applicants) MAILINGS Parcel ID #1000- 35 - 5 - 4 ------------------------_-----------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Maryann Schick residing at Middle Island , New York, being duly sworn, depose and say that: On the 2nd day of September , 19 98 ,I personally mailed at the United States Post Office in R;vPrhearl ,New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the(X)Assessors, or ( ) County Real Property Office , for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. ,,,--),... ,,,,, 4ai, (signat re) Sworn to before me this 01.4day of 4 f , , 199g- Z Ail (Notary P 1 lic DIANE REILLY Notary Public, State of New York No.OWRE•;71$016 Qualified in Suffolk County Commission Expires July 31. (D-006 PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed Thank you. PiOr Gillispie, David Jr. and Roda 4445 Main Road Greenport, NY 11944 Lot #35-2-7 Heaney, Robert J. Rt. 25, P.O. Box 196 Greenport, NY 11944 Lot #35-2-8/Lot #35-5-5.3 Apodiacos, Eraklis and Ors 7122 Ridge Blvd. Brooklyn, NY 11209 Lot #35-5-3 H.1r veU H. Hr r10 t Esq. ; t • r PRF11517 " HARVEY A. ARNOFFr - I SEP 1,0/998 Attorney At Law ��$ /tet.7`�,� 20,5 ROd.n;'rz: Avtol:e, Box 329 cn:SF. y, !'-r 1190]-2-194 Havey A.Arnoff 516-727-3904 George E Dm° Fax No• 516-727-3940 September 9 , 1998 Town of Southold Zoning Board of Appeals Town Hall Southold, NY 11971 Attention: Linda RE: Ali Yuzbasioglu #4582 Dear Linda: The Affidavit of Mailings which was sent to you on September 4 , 1993 was missing the enclosed Lfiial NoLicePlease attached this Notice to our Affidavit. Very truly yours, VE A. ARNOFF HAA:kp Enc. V Har H. Hi mutt `5:'. f .3 �?t r` 'r- - :�e(� lU J3 ii •,v r. U) , Page 2- Legal Notice September 24. 198 Hearings Southold Town Board o:Appeals LEGAL NOTICE SOUTHOLD TOWN BOARD Or APPEALS THURSDAY SEPTEMBER 24, 1908 and NOTICE eS HEREBY G'WEN pursuant to Section 267 of the Town Law .and the Code of the! Town of Couihold, te',ta following applications will be held for public hearings by the QOUTHfLri - ' `1l lq. BOARD OF- AP'Pg ALS at the Southold Town Hail, 53095 Main Road, Southold, New York 11971, on 'THURSDAY, SEPTEMEER 24 19q3 At Lia times rioted below (or as soon thereafter as possible): 8:cc p.m. Appl. No. 4582 - ALI YUKBASiOCLEl. Contract Vendee; Soonok Kim; current owners: ROBERT and E e HEL SCHROEDER. Applicant is requesting an Interpretation to Reverse Building inspector's April 1, 1998 Notice of Disapproval •: which hic3 dpSiicaiX applied to use premises as an automobile service station with gas pumps. The Building Inspector disapproved the subject -zipplkation under Article XXIV, Section 100-241-G for the reason that the proposed use is a discontinued nonconforming use in this R-40 Low-Density Residential District and is therefor no longer permitted unless a variance is granted by the R?ard of Appeals. Location of Property: 4380 Route t= 25, Greenport,t, neat East Marion, NY; 1000-35-5-4. The Board of Appeals will at said time and place hear any and all persons or representatives'� desiring to ®be Yhe�ard��+in[+ the � above application or desiring to submit written statements before the end of the hearing. Each hearing will not start e_rSic,r than desiona6f d. Files are available for reviewduring regular Town Hail business hours (8-4 p.m.). If you have questions, please do not 11, sitate to call 765-1809. Dated: August 26, 1998, BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. COEHRINGER CHAIRMAN Har-,,,eq H. HIr nOtt , Esq. ha, } , t.-Tc-r2( JL4V • • HARVEY A ARNOFF • Attorney At Law 206 Roanoke "venue, P.O. Box 329, Riverhead, N.Y 11901-2794 Harvey A. Arno_f 516»727.3904 George E. D zzo Fax No.: 516-727-3940 ,r ACss..a f3-lt,g p -.n G " m ei-' ,.rrarja4 Th information contained in this f ' es: y'� i gq yn r[ _d onlyforth s t y�.=• YJ� .'�.} F �.iri.-.F�si. L..�' p^{lix�i: and code al us of hh de. ignar d ,ecIpie . .a . d]belo,v. The Message may at:atomey- cl ent cola munication, and as' such is privileged and cor xdr:nta1. If the Readerof this Message is r- t t e !S et'add;.,� Y:e inie ny or:in A na responsihk. for delivering it to the inter-ded Recipient, you are hereby: °: at ycii 3�1� �u-i1. : thisdocument i error, and F3t any review, sea lmdo t. €isti ueo ,9 b'pv, of this message is strictly prohibited. I"y7t3 have received t s CP_Inanr r0.i attior. in acror, please notif is immediately o �... by s::.'Cp12t'yti'� a3'� return the original message to Lis by mail. THANK YOU. DATE: 919/Q D TO: X',-' FACSIMILE NO: 2 8/2 -76,5-9D 664 PROM: NUMBER OF PAGES CLIENT: G c�LC TO FOLLOW: PMM T. . NOTE: IF YOU DO NOT PECE- E�. AT.�T. DACES OF THIS TRANSMITTAL,TAT ' 1'LEASE CALL THIS OFFICE AT THE ABOVE NUMBER AS SOON AS POSSIBLE. Hiarveu H. Fir r-.ut f , Esq. h 7=t eF 11.1 " c 11 34 -.khzy, _1 n - `�`� The +3s€ori-yte city ciak aincd 1 .4* ax r_de.=4-Age iE intebW only _ rion21 and r•_.. d_' .q..., Mow. rda_.e- y T rdo • co6d-61.risi. yte R P of this is i 'yip w�'-J-�cc at ACM rre-o-rianAttie fc,kreaY ring it t the rV1anded �0 - you_ , 1y- y'tayd-i s[that yo h w G'u r&.1y ezrot= 2.-04 �4C any 4 yi c this =map i$ `'�'t . i8 yot Ne received this arinz=Tix-t3ettrivie-raw midly `mmE,,Ssaly by-r;,.1 ° _,t oasaand - IP =W 4,s by r :1. ' -ANK YOU. DATE:..�. ._2/2/./q TO: fAOS.' LE NO :OM: J�-.. mulem OF PAGES TO FOLLOW: CLIENT s ,12,4‘1144...,) • V ok= no NoT T; e F» ro -T ? tigSIKM-T iii, :PL ASE CALL Th fflit6 ' 123 3Ov Itutfalial CO p ,XS, POSSIBLE. 17906S92..6 •fisnq st aut3 Z 0 dl �G:9I 36, 6 deS T .d nn6s-27,z-9T5:xP3 •bs3 Aan.iPH Minutes Board of Appeals May 29, 1958 A regular meeting of the Southold Town Board of Appeals was held at the Town Clerk's Office, Southold , New York, on Thursday evening, May 29, at 7:30 P.M. There were present: Mr. R.W. Gillispie , Jr. ; Chairman, Mr. Robert Bergen, Mr. Herbert Rosenberg and Mr. Charles Grigonis , Jr. Absent: Mr. Serge Doyen, Jr. Also presnet; Mr. Howard M. Terry, Building Inspector. PUBLIC HEARING: Appeal No. 63 - Application of Charles M. King of Sunset Shores , East Marion, New York, for a special exceptii under the Zoning Ordinance to demolish present gasoline filling Q station and erect a new gas station on the same location. Application was read by the Chairman as well as the legal noti( of public hearing and affidavit from the Long Island Traveler-Matti Watchman attesting to the publication of notice, and le6ter to U pp, licant advising date of public hearing. Chairman: Is there anyone present who wishes to speak for this application? as Mr. Kingsubmitted a blue rint of the proposed gas station CO building for the Board's review. Discussion was helregarding C) distance from easterly line of property to east side of present ,C buildingbuilding, a distance of approximately 16 feet. A ® possibility of acquiring fifty feet additional frontage on the East exists . Discussion was also held on the proposed location, setback, 4c tank size and location, etc. Chairman: Is there anyone present who wishes to speak against this application? No one spoke against the appeal. General conditions relative to gasoline stations , stipulated in the Minutes of April 3, 1958, were read and imposed. Discussion was held regarding relocating present sign and it was the decision of the Board that the sign must be moved, if necessary, to conform to five foot setback from all property lines , in accordance with the Zoning Ordinance. The estimated cost of the new building - ,#13,500.00. It was noted that a "B" Business district was applied for but that no action has yet been taken by the! Town Board on this Matter. It was the Board 's decision that the easterly side , of the new building should be located at least 20 feet from present easterly property line of Charles M. King and that north side of proposed building be located at least 20 feet south of and parallel to location of present structure. O Appeal was unanimously granted. 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.