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4401
e I V--,r 4/w / I , `~v-VA - Z, - W CY '73Q I a 4, Yo l s °7 ' APPEALS BOARD MEMBERS gpFFO(,~ ~~0 CO Southold Town Hall Gerard P. Goehringer, Chairman -3 53095 Main Road Serge Doyen P.O. Box 1179 James Dinizio, Jr. W Southold, New York 11971 Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION ADOPTED AT REGULAR MEETING OF MARCH 19, 1997 Appl. #4401-DAVID DEFRIEST (Tenant); PARCEL 1000-45-3-2 PROPERTY: 73265 Main Road, Greenport, Town of Southold, NY DATES OF PUBLIC HEARINGS: 1) July 24, 1996; 2) October 17, 1996; 3) Nov. 14, 1996, 4) Feb. 6, 1997; 5) Feb. 25, 1997. FINDINGS OF FACT RELIEF REQUESTED: (1) The applicant has applied for permission to "conduct auto rental business" in conjunction with other rental uses and occupancies at the premises; (2) Applicant is requesting approval for use of the "frame building with canopy" as an office for the rental of automobiles, and (3) Applicant is requesting use of the pavement area near the front canopy as the "outdoor display and advertisement of automobiles for rent." DESCRIPTION OF APPLICATION TO BUILDING INSPECTOR: By building permit application dated May 21, 1996, applicant, as tenant (under a written lease dated March 14, 1996), applied to the building inspector for permission to change existing use of premises from mixed use "office/ residence" to an intended use as an "auto rental business." An Action disapproving the May 21, 1996 building permit application was issued on June 3, 1996 by the Building Inspector. ACTION OF THE BUILDING INSPECTOR: By Notice of Disapproval dated June 3, 1996, the Building Inspector disapproved the applicant's request, and returned the same, on the request for a "permit to open conduct auto rental business" on a portion of premises identified as 73265 Main Road, Greenport, New York. The grounds for the disapproval are written as follows: "...Under Article VIII, Section 100-81A, proposed automobile rentals is not a permitted use in the Limited (LB) Business District. Action required by the Zoning Board of Appeals or the Town Board. Action also required by Planning Board...." CODE PROVISION APPEALED: Under the Limited Business Zone Use Provisions of the Code, Article VIII, Section 100-81A, provides for the following as permitted uses: A. Permitted uses. (1) Any permitted use as set forth in and regulated Page 2 - Appl. #4401 1000-45-3-2 (DeFriest Use Variance) Meeting held March 19, 1997 by Sec. 100-31A of the Agricultural-Conservation. (100-31A of A-C includes one-family dwellings, agricultural operations, buildings and structures owned by towns, school districts, park districts, fire district. (2) The following uses... (a) Retail business limited to the following.... (1) Antique, art and craft shops and galleries, (2) custom workshops and machine shops, (3) wholesale or retail sale ...and display of garden materials and plants..., (4) Libraries or museums, (b) Professional and business offices, (c) Funeral homes, (d) Restaurants, except drive-ins, (e) Personal service stores and shops, including barbershops, beauty parlors, professional studios and travel agencies, (f) Repair shops for household, business or personal appliances, including cabinet shops, carpenter shops, electrical shops, plumbing shops, furniture repair shops and bicycle and motorcycle shops, landscaping and other service businesses. (g) Wholesale and warehousing, (h) Retail uses supplemental to the service business establishment, (i) Wineries, (3) Bed and Breakfast uses. PROPERTY FACTS: Property is located in an LB Limited Business Zone District. The lot is situated on the northerly side of State Route 25 (a/k/a Main Road) 147.43 ft. road frontage. The lot consists of an area of five acres and is improved with the following buildings and uses (also, see map drawing date-stamped March 4, 1997 for consideration): a) The site contains 5.12 acres with 147.43 ft. frontage along the Main Road, State Route 25, Greenport. b) The site is improved with a concrete block building of a size 40 ft. wide by 60 ft. deed, a frame building with canopy, and a small 11.4 ft. wide by 21.4 ft. accessory building in the rear yard. c) An area exists, for outdoor display of six to eight automobiles which are to be leased or rented by applicant, situate within the front yard area, at the front of the frame building. Page 3 - Appl. #4401 1000-45-3-2 (DeFriest Use Variance) Meeting held March 19, 1997 NOTABLE TESTIMONY RECEIVED AT HEARING AND CONSIDERED BY THE ZONING BOARD OF APPEALS: The record includes the following information: A) During 1979, ownership of the premises was transferred from "Cataldo" to "Moritz." B) Prior to June 1, 1979, the premises was used as a service station (cement block building) and accessory repair shop as evidenced by the Certificate of Occupancy issued June 1, 1979 under #Z9543 to Fred Cataldo and others. C) For two years, or more, years after June 1, 1979, the status of the uses at the property changed as noted below: 1) In 1981, the property was rented, and a prospective tenant applied for a Special Exception to use portion of premises as an automobile repair shop. That applicant, for reasons unknown, did not open his business; however, the frame building with canopy (subject building) was used as a dwelling (ref: 2/4/1983 variance issued to Joseph Gnozzo, contract vendees for use of the premises for dwelling occupancy.) In April 1983, J. Gnozzo purchased the entire 5.12 acres. 2) Applicant states that in 1988 the cement block building was used as a "glass business" selling replacement glass for all types of items and vehicles, and installing glass in vehicles. 3) Applicant also states that in 1995, Chesterfield Associates, contractors rebuilding the East Marion Causeway, leased a portion of the property for their office center, and stored their equipment and related items in the "cement block building." 4) Presently, the frame building is still used for single-family dwelling occupancy. 5) a) Presently, the cement block building is used by tenant/third party, for storage of cars. No service business is established at the premises (services such as oil changes and the like). The tenant has two buildings, one in Coram and and the other in Middle Island, from which facilities cars are brought to Greenport at this site for storage area. b) Also, the record has been updated to show a flagging by the Town of wetlands 40 to 60 ft. north of present (third party) storage area. D) Applicant states that a lawn mower repair business operated at a portion of the premises, but no proof was submitted to show the dates. In reading the code, lawn mower repair business Page 4 - Appl. #4401 1000-45-3-2 (DeFriest Use Variance) Meeting held March 19, 1997 use is not a prohibited use since it could fall under the Section 100-81A-(f) which provides for "repair shops for household, business or personal appliances, including cabinet shops, carpenter shops, electrical shops, plumbing shops, furniture repair shops and bicycle and motorcycle shops, landscaping and other service businesses. E) The property has been recently used for rental and display of used automobiles, and this use was added to the site without site plan approval and without a certificate of occupancy as an automobile rental business, which has prompted these requests. USE VARIANCE STANDARDS: In considering the relief requested, the majority of the Board Members present find and determine as follows: a) The applicant has failed to demonstrate that the property cannot realize a reasonable rate of return, because although he presented testimony that a reasonable return would be $8,233 net or $15,480 gross, he failed to present testimony showing that the property cannot realize that rate of return if rented with uses that are permitted by the Southold Town Zoning Code in the LB zone. Based upon the evidence, the Zoning Board concludes that the wood frame house/office can be rented at $750.00 per month, plus $500 per month for car repair in the masonry building, for an amount of $15,480 per year, which is a reasonable rate of return. b) The applicant has claimed a hardship based upon the topography and upland area of the property, but has failed to establish that the hardship related to this parcel is unique since many contiguous and adjacent parcels have the same topography, and the upland is calculated at one-half (1/2) acre, which can accommodate uses permitted in that zone; c) The applicant claims a hardship in that he has rented this property to a car-rental business, but the Zoning Board finds that this hardship was self-created, since review of the zoning code prior to rental would have revealed that car rental is not an allowed use in this zone. ON MOTION BY CHAIRMAN GOEHRINGER, SECONDED BY MEMBER DINIZIO, it was RESOLVED, to DENY this application for the reasons noted above. Vote of the Board: AYES: Members Doyen, Goehringer, Dinizio, and Tortora. This resolution was unanimously adopted by Page 5 - Appl. #4401 1000-45-3-2 (DeFriest Use Variance) Meeting held March 19, 1997 all the members present (4-0). (Member Ostermann appointed 3/19/97 was absent.) GERARD P. GOEHRINGER, CHAIRM APPROVED FOR FILING 3/19/97 As an alternative, applicant may apply for a change of zone. Actions. zb/453-2 RECEIVED vND FILED BY THE SCL OLD TOWN CLEEK AATE~3. ~ 7 1.1CUR/ 0 :/D G' Town Cork, Town of Sout'nc'. APPI~ LS BOARD MEMBERS gUFFO(,~ ti~y0~p c~~ Southold Town Hall Gerard P. Goehringer, Chairman 53095 Main Road Serge Doyen °w x P.O. Box 1179 James Dinizio, Jr. Southold. New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Ol ~a Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD LEGAL NOTICE 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, FEBRUARY 6, 1997, as noted below: 6:45 p.m. North Shore Yacht Sales, Appl. #4458 - MICHAEL HUGHES This is a request for a special exception under Article X, Section 100-101, 11500 B12 for new and used boat sales at/Main Road, Mattituck, NY; Parcel #1000-122-3-6. Zone district: B Business. (Site owner: Harvey Bagshaw) 6:50 p.m. Appl. No. 4454 - SALVATORE and IRENE ARIOSTO. Based upon the 10/09/96 Action of Disapproval by the Building Inspector under Article III, Section 100-33, applicant is requesting to locate a storage building (as built) in the front yard area. Location of Property: 110 Selah Lane, Mattituck, NY; Parcel #1000-106-09-4.8. 6:55 p.m. Appl. No. 4457 -JAMES and DIANA MIND UE. Based upon the 01/03/97 Action of Disapproval by the Building Inspector under Article IIIA, Section 100-30A.3, applicant is requesting to construct an addition to dwelling which will exceed the required 20% lot coverage at this premises. Location of Property: 5650 New Suffolk Ave, Mattituck, NY; Parcel #1000-115-10-6. 7:00 p.m. Appl. No. - LOIS T. ANDERSON. Based upon the 12/16/96 Action of Disapproval by the Building Inspector under Article XXIII, Section Page 2 - Legal Notice • • Regular Meeting - February 6, 1997 Southold Town Board of Appeals 100-239.4B, applicant is requesting to construct a deck addition to dwelling which will be less than the required 75' from the existing bulkhead. Location of Property: 2515 Calves Neck Road, Southold, NY; Parcel #1000-70-4-45.5. 7:05 p.m. Appl. #4456 - FRANK and PATRICIA REILLY. Based upon the 01/06/97 Action of Disapproval by the Building Inspector under Article IIIA, Section 100-30A.3, applicant is requesting to construct an addition to dwelling which will exceed the required 35' front yard for this residential premises. Location of Property: 25 Eat Side Ave., Mattituck, NY; Parcel #1000-99-3-18. 7:15 p.m. Carryover Hearing: Appl. No. 4410 - GARY SACKS and ALAN SCHLESINGER. Based upon the July 16, 1996 Notice of Disapproval from the Building Inspector, applicants request a Variance under Article XXIII, Section 100-239.4B for a proposed deck addition within 75 feet of bulkhead, at 125 Mesrobian Drive, Laurel, NY; Parcel #1000-145-4-7. 7:25 p.m. Appl. No. 4448 - MARIA ANDRIOPOULOS. Based upon the 11/21/96 Action of Disapproval by the Building Inspector under Article XXIII, Section 100-239.4B, applicant is requesting a variance for the location of a portion of a proposed deck addition within 75 feet of an existing bulkhead at 1605 Westview Drive, Mattituck; County Parcel #1000-107-7-9. 7:30 p.m. Appl. No. 4452 - CHRISTINA RIVERA. Based upon the 1/14/97, Action of Disapproval by the Building Inspector under Article IIIA, Section 100-30A.3, applicant is requesting a variance for permission to locate a portion of a proposed addition to dwelling for which a portion will Page 3 - Legal Notice • • Regular Meeting - February 6, 1997 Southold Town Board of Appeals be located at less than the required 40 ft. front yard setback from Inlet Drive, and a small portion of steps less than the required 40 ft. front yard from Sound Beach Drive. Property Location: 250 Sound Beach Drive and Inlet Drive, Mattituck, NY; County Parcel #1000-99-1-16. Zone: R-40 Residential. This parcel consists of approximately 40,000 sf. in total area. 7:35 p.m. Appl. No. 4451 - MARIAN JEAN PRAUS. Based upon the 12/06/96 Action of Disapproval by the Building Inspector under Article XXIII, Section 100-239.4B, applicant is requesting a variance for approval of steps and deck construction, as built, near existing bulkhead at 2175 Nassau Point Road, Cutchogue, NY; County Parcel #1000-104-13-12. 7:40 p.m. Appl. No. 4453 - EDWARD AND EVELYN HALPERT. Based upon the 11/18/96 Action of Disapproval by the Building Inspector, applicants are requesting a Variance under Article XXIV, Section 100-241-A&C, and Section 100-243A, for the proposed alteration and second floor addition (expansion) of a nonconforming building which has contained a nonconforming (preexisting) living unit, separate and accessory to the main dwelling, at 2125 Town Harbor Lane, Southold, NY; County Parcel #1000-66-1-31. Zone: R-40 Residential. Property size: 1.45+/- acres. County Parcel No. 1000- 66-1-31. Zone: M-31. 8:00 p.m. Appl. No. 4455 - JOHN and CATHLEEN HARRISON. This is request for a waiver under Section 100-26, based upon the 11/14/96 Action of Disapproval by the Building Inspector. The Building Inspector has determined a merger under Article II, Section 100-24A because they have been held in common ownership at sometime after July 1, 1983. Page 4 - Legal Notice Regular Meeting - February 6, 1997 Southold Town Board of Appeals Property Location: 1225 & 1227 Pine Neck Road, Southold, NY. Parcel #1000-70-5-36&37. Zone: R-40. Size of lot when created less than 20,000 sf. 8:15 p.m. Appl. No. 4401 - DAVID DEFRIEST, as Tenant. Carryover hearing, continued from 11/14/96, and from 12/12 per applicant's request. Use variance is requested for a car rental business concerning property located at 73625 Main Road, Greenport, NY; County Parcel No. 1000-45-3-2. Zone District: LB Limited Business for entire parcel. 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. Written comments may also be submitted prior to the conclusion of the subject hearing. The above hearings will not start before the times designated, and some may be carryover hearings. The files may be reviewed during regular business hours for updates or new information. If you have questions, please do not hesitate to call 765-1809. Dated: January 21, 1997. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, Chairman x fOnM NV.3 TOWN OF SOM IIOLD BUILDING DEPAWINIENT ~I TOWN (I I[KK'S OFFICE ~j SOUTIIOLD. N.Y. JUN . NOTICE OE o1 SAI'PIt0VA1, Dare, PLEASE TAKB NOTICE tat your a >plicnlion lated . ...r . [or permit to~ at Location of Property 6j, c5 I/mcse No. freer fandcr County Tax Map No. 1000 Section ...:5; Block Lot Subdivision . . Filed Map No. Lot No. . is returned herewith and disapproved on the tollowinp prounds . !;6<<, ~ J . 772 r. RV I/B0 FORM NO. I 7 . Or PLANS n Q`,~, N1 12 I TOWN OF Soll'f11mm SORVI•.Y U v is U L5 I 1{1I11.DI NC DRPARTMFN'1' CHECK - - . . TOWN BALI, SEPTIC FORM MAY 21996 i~ soDTnor.n, N.Y. 11971 NOT IPY: Fri.: 765-11`107 BL G.DEPL ppp CAt.I. 7F~. ~~S',50 TOWN SOUrHO~ . c F w ~ i I~.x:mirxvl. HAII. T(1:...... - . )7 U /jr+X /OS 7 Algrrcrvorf 19.... Permit No. / p ...~G. .......'.x Ili anpprrrvvrl a/c . . . . - (lknil(ling Inspector) APPLICATION FOR BUILDING PrRM1T . Date. INSTRUCTIONS a. ibis spill icat ion most lie complel.ely filled in fry typeviriter or in ink and srlmitterl to the Ririlding Inspector with 7 sets of plans, arcOrate plot plan to scale. rev according to scll >%Ile. b. Plot plain rjKwirg location of lot nxl of Inildirgs on promises, rvlntionehip to aljoining premise, or poldis slreefs or areas, atxl givinp n ole'laileol elescripl ioxr of layOd of Property Nest liv fl"al Or lire diagram which is part of Olis application. c. lire work covered by this spill icati"i may not lie cos -need before issuance of Ikrilding, Permit. d. Upon aWmrval of this nptlicat.iOr, Ore Rnildirq; Inspector will. issue a Ikrilding Permit to flip npillicant. Such permit- slnll. Ire kept owl the premises available for inspection thy"Ol xnt the work. P. No building dell lie occupied or uewl in rinolp or in part for any prrprse wlratpoer notil a (krtificate Of Ocrarpmiy drall. have limn grmrterl Iry Ore lkrildirrp Tospvvtor. APPIACATION 15 FIEW{RY MMIR to Ore lkrildirg Department: for the issance of a NdIdirg Permit pnsomit to flip Ikrilding 7one Ordinance of Ole l'cxn of SOntlnld, Suffolk Crxnly, New York, mill other applicable )sews, Ordinances or Regulations, for the constructioxr of lxrildirgs, alklitions or alterations, or for removal or demlilion, as herein described. 'Dip applicant agrees to comply with all awl icable laws, onlinances, Iliildinp, crxle, Inxrsirg code, aryl rrgirlaticnS, and to arivit arlircrrixed inspectors on premises and in lnildiog for necessary inspections. . (Sipoature. of appl icnit, or nave, if a corporal ion) I Pox IOS7 fogllre/e NY IN I (PiaiI ing address of appl icnot) State wlretber applicant is O~~wln1er, lessee, agent, architect, eopineer, general contractor, electrician, phrrirer or txnildpr. -a an .JCJf to Gri 027.c TJane of Owner of premises . (As Or the tarn roll or Intest deed) If applicant is a corlnration, sipruatarre of (fily anlliorizvrl officer. M;i a ant title of corporate officer) Ikrilders License No. N~(? s Phrrbers License- No. ........N Electricians License No. N~( Olly r Trale's License No. X N 1. location of lard on which proposer] work wi 1.1 Ire okne /Muter '(70 rd Gi etnj~or~ /1/ ....house 11wirer Strut hamlet Cl nl.y Tan M:lp No. 1100 Section Block lot SrixlivisiOi . . . . . . . . . . . . . . . . Filed MOP No . lot (Nam) 7. State existing nse and ocnrancy of premises aril interxled use arxl Occupancy of pyoposeol cost nict ion: a. rxistinp lisp and occuraww ~a.r/" ~;rve . ` . b. IntemkKI use and ocarpmxy ...f7.......R 7. I'.Ilute of rink (quack wltielt aicable): Mac Iklildin; • I Al teraf inn Ik~lutir 1 luklil ion I(OlKwa1 . . Iknul iCi<xt 01 her lblk Of e.a 1 *e /)u}o IQE3,rq "c n...... . z, [Q Zola r( nY¢e. (I)escripC grill) ' 4. Est lllitlecl CoSI fpr` (lo Ile laid Iii filThis application.) 5, if Ihellinf,, uuirer of'hell ftv; units Mnber of 'hell iof, units ut eacil floor If IIray,e, tudiar of cars 6. If floslncss, nlnterclal or mixed occul,ancy, sliecify naluue mill exteor of each lylx: of use 7. WilnenSilxlS of exist: iog slnrl.ures, if any: IhnLL Rear Ik:igllt Mnbe:r of Stories I)htensints of sale sltucture wilh a lieraticxts or aklltlons: Front Rear Iktpih lk:iglu: Mrtirer of Slories I{. Iliw:usinta Of cut ire tiac caul ni[1.Ine Frn il. NO ALEI,/ 0oA)J-7,1Nc'.770 A/ . Ik-il)n Madier ol- Slot ies 9. Size of lot: Flint Real Depth 10. Ikne of I'urch;tse lane of Forner tkater 11. 7<i to or use district iu uIlic3t preeai ses are situated ` . . fe.( A If esJ 12. floes prolnaal cots[. ni:t iotl violate any uxting liwc, orditvuie or regulat.loo : I I. Will lot Ile regratlecl ..N° Will excess fill li- rammed fruit Incinises: YES M 14. tales of (knter of premises JOJ e,01, Grl°4=ZU Hi4 PeBPry ciEr:A or S rP/j- Mklress llrone No. Mute of Architect N19 lukh ass Illone Mr. Mite of Okolrac(or /.1,:II - AcklresS I'hone Mi. h. Is Ihis prolier Ly within 3(I) feel of a tidal wellati17 * YIS *IF YES, "MIND UMN'11UISILS 110.11.1'1AY IU? IUIi IREI). I'I.0'1' DIAGRAM locale cle'ar'ly aril distinctly all Ixrilditvs, wlcellter existing or prolxcsed, aril inlicate all sel-hack diuensioos fiua prultunly lines. Give street mil block [inner or descriptiac according to (Ii-eil, atd slow street trues and Ililicale rAtclli:t ioletior or corner lot. Re ~er f~ Jfe~;l srn'n: l1~ ra:u YINU(, ` Ss li:iug; duly ;yin u, delx/ses aril says that he is the appl ic:nn (tam: of IIiI1VIll141I signing conl.ract) alxrve iuued, Ikt is the .y5f t Jee ((batraclol agent corlicrate officer, etc.) ol- said cxax:t or cAxi99, mill is duly aulhor izevl to lielfooll of have Iterloined the said rank atxl to nuke will file This application; that, all sl al ereuls contain9l in this appl ical inn are Ink: to the hee;C of his ktixclelge aril ImAief; ald Thal the Mnk will Ile perfounell ilk the uewiter ur forth in the applical.ion filed Ilx:rewith. ')rnnn to Ixt!f0lc un this C~ day of 19..l.C (fix fJYJvJ1 are nn l y JOSEPH t.ORATTAN (1 r~- ( y NlrlatP %ylrb>yINM Park....... koct,q ~4? leey/ N0.'1S0=18uffoltCo" n 40wanWonEXpimsOclobst31.15~/~ (sigualill e of Applicant RECrIVEr 1JUl. 8 19% Tapm Cipt ';a"* TOWN OF SOUTHOLD, NEH YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ~TQI DATE ~l . a. e . . /~4 TO THE ZONING BOARD OF APPEALS, TOWN OF sou-mCLD, N. Y. 1, (We) -Do vjX f.:.'bzrr; es of /1~ Q' Name of Appellant Street and Number S.°.."~ af~ /v. y Y ...............HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPEC70R ON APPLICATION FOR PERMIT NO . DATED .:JUn....3 fg4(o r WHEREBY THE BUILDING INSPECTOR DENIED TO '-b mvi4 E. De F,; 6es~j(?e) '7nS-ejefi 6"vm2o W._..._ Name of Applicant for permit of 733(os" Ma;h Rd ...........................................................P"............... Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (1/f P~rm~ t" 1-0 ape:t - Cvp~uc~ ,ee„~~ dus:mess' 1. LOCATION OF THE PROPERTY 73~1oS Ma;h k<I 6ree4,pev- District 1000 Section Street /Hamlet / Use District on Zoning Map ~ Block-3 Lot .._....._...r_......._..___..... .....-.._._.........._..CUrrent Owner OSePI. ~7ho22v Map No. Lot No. Prior Owner ankne,on 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 V Section /Do - ,Y/ A 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( ) A VARIANCE to the Zoning Ordinance or Zoning Map ( 1 A VARIANCE due to lack of access (State of New York Town Law Chop. 62 Cons. Lows Art. 16 Sec. 280A Subsection 3 )q Var;ance to A%rc„~ c, "it ,per'-44 YC4 6y y4F Xode 4. PREVIOUS APPEAL A previous appeal (has) has no been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No . ................................Dated REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinance A ?trVrr.HCe fL . rL~/G tJ I [(t•~ "•fi1 %d gyp,-i Jlr6r ~Y (HF L~2<rP is requested for the reason that Form Znt (Continue on other side) {I+` k^Ail!. ~ X91 ' h REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because 14 ih coke +0 /2C.,7' 'tea o,-f9,.._f,,_. rF •~-oc,~QJ.. ~n1~r 15f~'~•? la-k °P. Fi(" ttvmgi-e p yy.! /h ~~.ryjzJ Un /$r /p/~I o 7 ~i ¢ecpem C'f' 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because r', /rte /d 4.ff P4 hwS Srears', 62~ ary o'foN<o6 /e .0, e- 10-t-04 -6or 40' 0, / 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because T ho d/Za ~k, 74i(R atfflfi ea.t-art Grp 0 1< 7%, Pho/!e+`Yt~/ @~l- B c<: /~i~rsr!' e h /Y by ~/G aN et0.4 re.,ya.~rllf; h.q , rr ha c/ 6«¢~ c~ gar J¢cd`~~ ym~.f7 X90.P / de !Y Zoy;~,~ ~4wro~ )O~r;.! P r~rvo.v'F'r Lja-vR c4a47 <Q .r STATE OF NEW YORK ss COUNTY OF ) Signature Sworn to this day of.................. V.UhR.................................. 19 I ROBWT.Aap1 M xr//~ Notary ubl 0 V."V IF' MM.JW* 30. TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET--/,:,,', VILLAGE DIST SUB. LOT b6 SL FORMER OWNER N V~ 1 - I r =a ~ I ' ~ o E ACR. I'z J r L 1 i I,`_ is I r: S, )2Y ;.`.i i_r~ v n.,,- rr> S W TYPE OF BUILDING 7 :ES SEAS. VL. FARM COMM CB. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS 0 10 CA,/!U V" ~~No P !20 ='JU J arJ ij ~5 0, nro LN'' ;1 ;'rl; , fCrai'MtLo r L tI r . f - illot 1. FRONTAGE ON WATER Yoodlr.1 FRONTAGE ON ROAD ' I Aeod, I,nd DEPTH !Ouse r1,911 BULKHEAD otul n iV 'fl S 1332115 213NM0 - Sond COLOR TRIM M. Bldg. Extension Extension Extension Foundation Both Dinette Porch Basement Floors K. Porch Ext. Walls Interior Finish LR. Breezeway Fire Place Heat DR. Garage Type Roof Rooms 1st Floor R. Patio Recreation Room Rooms 2nd Floor FIN. B O. B. Dormer Driveway Total YTFC~ _ - OWNER STREET VILLAGE `Dwfiu Tf SUB E C,!,,(p,LW~ [A bQ V_AnrD_ CrQ,_ Esc. -0 /FORMER OWNER N E ACREAGE ~cQPQ. e. ~jiF ~ V , ~ k 5_125 S ~y TYPE OF BUILDING 7J~ Pte- ~ S CoK~- _ ~~(t t. s ~ , ;ltt~_t3, ~~a,t:.(~ t ~ ~ ~ ~!~"~`~ii RES. SEAS. VL. FARM COMM. I IND. CB. I MISC. Est. Mkt. Value NJ. / LAND IMP. TOTAL DATE REMARKS//// yy~~ ~rZ / 7 ~yjWcan ayg',•fen<e2OD / / /~'r1CQ(tdn.c LC.~.-2 / .J /7•~, ~a/ala 7d ~T F-~ Q4 ~/7r~- 660 ~3 v v ~pG S~~/~~?~ Jre 3j- cc 03 /a// [I vlt~auvrki ef/L>tiiT-f3p_-T Cr Jo / • ~s/a~./6 L- y1. y/. /Pa l9 d.-7 a To d 7~a /d a, AGE BUILDING CONDITION /N0 r ' &3 / 2 ~10~7 7 Sv~_~ l tla X -6zREt~ i Ac rs-Corr _.-/e _f dATAL Do q_A ohs NEW NORMAL BELOW ABOVE FRONTAGE ON WATER Farm Acre Value Per Acre Value FRONTAGE ON ROAD G Z /v Tillable I BULKHEAD Tillable 2 DOCK Tillable 3 Woodland Swampland Brushlond House Plot Toto I j I ' L~WNMOWEP PEI J P - - - R FS Sk FIJ - - - rt- -1 - 1 L-ed n i I i_ i J i- 1. Bldg. STy -/ST dV ~ Foundation Bath I StA b, 7 cart Floors F R tenson y i y+ 3~ _ sQ Basement 3 IV. - xtension /v x s e e ~i Ext. Walls - Ring fe Interior Finish 1 s R ~v Q3 2 - z 55- Q - - ---T _7w Ar - - - xtension Fire Place - Heat Porch Roof Type Porch Rooms Ist Floor reezeway Patio Rooms 2nd Floor arage I Driveway Dormer B. S ,r~,' '='u , fr ` ~~1 4 AREA : 6W6 AL ES ' lli i ~ 0 J O U ~ O ILL rh ~ C. ' O ~ I I ~ I 4 I w ' j~ Re~~+~,{ Cnvt I 1 E'~y DLo Ef gk'T AIC ! C_, V i IIA ~E~ I KIP Ode N. Y. ~ ~ 1,emi s. b x r 76.7' ~ I kc X x a ii _ irr blacH't~ i r ?1-`?,Al? rail 6~~p b:77~~~ 0©Ittdtdrt~ 1 -3735 i d L 5 > E GOA2ANrEF_ Iarf; - / C JA1J,Z5,1983 :DF NC,. OA IU Y1. PC ~a\cK VqN~ s~ U O 1 ~'bS ' CS 256 \F"LANDS I! I r 0 n i l ~ LstmG JO 7 S49D a C F tiw+E of Ejlsrll k. 17 e 6K46'n wHy ~ \ /s~+rh.r R cwc: 3.'1' \ ~ 2V, ~ A~.NT~+AS r m 4 \ ~ I AT HN.+OGwP FIQWNC~ ~ ~ uNe ~v o~xy~.xa n.Nr.x~s vp ~ ~ a~w,.tT. oft•veV.MY Ap,dA • b~..ka. 1 r IM7. ti3 1_ A ~ n TO: All ZBA Members FROM: ZBA Office DATE: February 25, 1997 RE: Pending Application of DeFriest (Use Variance) For your review is a copy of the map showing the flagged areas as of 2/18/97 marked by Town Trustee John Holzapel. Pat Moore, Esq. , attorney for Dave Defriest has also received a copy of the same map. 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'L1T4c t a.~qn ri; y , r« ~`~.fF..~ s~%'y ~ 91/ ~~fia~AbS.yt t'•t1~ t•. ~Ilit ~~n ^ +r '~•,.`1'J 1.15., 11OP11 T t%~ a ovT x :~l, E CCy t b, P NEW y r X31 Ak llJ ~.tl ) , 1 rr r,l q~~, •'4 , 4, to 1w u r`t1 1 V O ~t ~j.1T r.: h~ 'S~,J f ~.SrR f`~al 'p(' T~'K t!( [+SUUt~l~~~~~ . r r~~~ 1 1 CiP w• ~ ~~<~f ~'~fAit',~„E~r~,rl' {xla'4,1 ik 1 r ,AS'r1 (~~'-,1t7 yi~ ! i ~.1 f 4t}Ti .n~ jjjjj t a, ist n : ( ti ' ~ t Y4 ~'•i'r.~,4'"~~Fr~y, 7~ `~fJ' - ~ }I\~~ ,~A`> C .lirfK,gdC,~",.~: y~r'd J 'Z'M1, tib rAb pJ (i~`t PJ T,'. v rAti , y;: ~r yy~d r A~ + 1 ' 1,d.4bd T,-4 J, ( [ Y ~ t~lf~J.. rrddH,/'l~'I `AJr r 1~ <; q ri:Y ~s • PLANNING BOARD MEMBERS gpFFO(~ Town Hall, 53095 Main Road RICHARD G. WARD n~~ Gy Chairman~C P.O. Box 1179 Southold, New York 11971 GEORGE RITCHIE LATHAM, JR. * • V Fax (516) 765-3136 BENNETT ORLOWSKI, JR. O Telephone (516) 765-1938 WILLIAM J. CREMERS KENNETH L. EDWARDS i PLANNING BOARD OFFICE FEB - 5 i99' TOWN OF SOUTHOLD TO: Gerard P. Goehringer, Chairman, Board of Appeals FROM: Bennett Orlowski, Jr., Chairman6 lU, RE: Request for Coordination DATE: February 4, 1997 Rent A Wreck / David Defriest / Route 25, Greenport SCTM# 1000-45-3-2 The Planning Board has received a waiver request on the above property. The Board has reviewed an "as built" plan and has requested that the applicant move the display of used vehicles and parking to a location in the rear yard of the building. The front yard should be clear of all parked vehicles in order to improve traffic safety for cars entering and exiting the site. This includes keeping the curved driveway cleared of parked and rental cars. The diagonal parking shown on the plan, ( on the east side of the westerly structure), is unsafe: cars will have to back out onto the front yard or Route 25. This parking should be placed to the rear of the west building. The number of rental cars on site should be restricted to that which can be safety maintained without restricting the front yard and fire access to the rear. Handicapped parking could be relocated to the area under the canopy. This Board will coordinate with the New York State Department of Transportation for possible curb cut review and NYSDEC and or Trustees for possible wetland areas. APPEALS BOARD MEMBERS O~O$1IFP0(~ `,O Southold Town Hall Gerard P. Goehringer, Chairman y~ 53095 Main Road Serge Doyen y Z P.O. Box 1179 James Dinizio, Jr. O .te Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Ol ~a Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD October 18, 1996 Patricia Moore, Esq. P.O. Box 23 Mattituck, NY 11952 Re: Appl. 44401 - Rent-A-Wreck and David DeFriest Dear Mrs. Moore: This will confirm that the new hearing on the above matter has been postponed, as requested by you, to Thursday, November 14, 1996. Publication in the official newspaper will include a description of the application as filed and based upon the June 1996 Action of Disapproval by the Building Inspector, for a "use variance" in this Limited Business Zone District. It is my understanding that the application is only for a use variance (since there hasn't been modification to the initial application). The primary use sought is "Used Car Rental Business." You will be asked to address the use variance standards mid criteria applicable for this type of application. (In the event there is any other primary use sought alternatively, please be aware that it will require review and consideration by the Building Inspector, following the usual procedure, and sending notices and documentation consistent with the different request.) Attached is a copy of an update placed in the file today which states basic information received and some personal knowledge about the history of the property and former zoning. Copies have also boon distributed to board members (since this prepared by staff and not board members). Please correct the report if there are any errors and notify our office, and supplement new factual information (and documentation) you feel may be necessary. Very truly yours, Linda Kowalski I~:nclusnre cc: Building Inspector's orrice Town Attorney Laurv Dowd UPDATE FOR ZBA FILE Prepared 10/18/96 Application filed 7/8/96 by David DeFriest, as Tenant, and Rent-A-Wreck as Sub-Tenant Promises: 73625 Main Road, Greenport; 1000-45-3-2 Zone: Limited Business (LB) as of 1/9/89 REQU6,ST: This is an application for a new hearing to be held by the board of appeals, to consider an application filed by David DeFriest as Tenant, with another (sub-tenant). This originates from an application to the building inspector requesting use/occupancy of the existing WOODEN BUILDING as office area and use of a portion of the front yard area for display, advertising and rental of used cars in a "car rental business." Subject property is in an LB zone effective 1/9/1989. Another building on this site contains a conforming use for inside building storage in the CEMENT BLOCK BUILDING rented by another tenant - unrelated to the subject used-car rental business. CHRONOLOGY OF OCCUPANCY DATES based upon testimony from applicant, applicant's attorney, and personal knowledge (which may be modified or corrected where necessary in writing or at the hearing before the close of the hearing). Period I. 1960 - Early 1979: WOODEN and CEMENT BLOCK BUILDINGS: WOODEN BUILDING occupied inside for a business office area and outside under the canopy by gasoline pumps for gas sales (Harry Bubb's and others), with the rear portion as a dwelling unit. Minor repairs accessory to the gasoline station are known to have been conducted up until 1979. Note: CEMENT BLOCK BUILDING used in conjunction with major vehicle repairs for same occupancy as WOODEN BUILDING. Period 11. Mid-1979: WOODEN BUILDING AND CEMENT BLOCK BUILDING sold to Moritz. ADDED: Lawn Mower sale and repair business in Cement Block building as a permitted use. Note: 1979 - Gasoline sales was discontinued by this year. Note: 9/3/81 - Special Exception application was made for auto repairs, however, site plan approval was not filed, and the prospective tenant (S. Brown) did not occupy the site with bus business and did not pursue a tease agreement with owner. Note: 1979 - 1983 WOODEN BUILDING: was not occupied as a dwelling due to poor physical condition, with violations under the sanitary code as per town building department records (see file). Period fit. 3/1983 OCCUPANCY /WOODEN BUILDING - Mr. Gnozzo rainatated use after rocs iving ZBA approval for one-family occupancy in the dwelling by his family (new owners), together with use Of another dwelling strUUrllre Leo 1; 1 9) s:l Z 3 A fits' _-3015 Page 2 - Appl. No. -4401 Ref: Application of D. DeFriest and Rent-A-Wreck Southold Town Board of Appeals Period IV. 1/1983 thru 1/1989: WOODEN BUILDING - renovated and OCCUPIED as a dwelling unit as per town approval. No OTHER PRINCIPAL USE no commercial use was established. If any office was used by established; some office use was allowed as an accessory to the residence (not a commercial use). Period V-A. 1 / 1989 through 1993: WOODEN BUILDING - continued to be occupied as a dwelling with home office use as an accessory use authorized by code amendment of 1991. No other principal use was established during this time period. Dwelling use and accessory home office were not nonconforming in this LB Zone. All other former uses are shown as nonconforming. Note: Fall of 1989 - used car sales was added without town approval, and discontinued about 1990 when put on notice by the town that it was in violation of the zoning code. Nonconforming use as a gasoline sales station is not the same as a nonconforming used-car rental business, and zoning code in effect 1/89 through the present time at Section 100-241C: "...shall not be changed to another nonconforming use without approval by the ZBA and then only to a use which, in the opinion of said Board, is of the same or of a more-restrictive nature...." Period V-B. 1991 - 1995. WOODEN BUILDING occupied only as a dwelling unit, and the front of the building used for a limited period of time as a business office (for a contractor and parking of contractor-NYS licensed equipment while contracting its services in the municipal areas). Business office use is a permitted use under LB zoning, subject to other regulations and is not considered nonconforming. Period VI. 19 to 19 Was there a use of CEMENT BLOCK BUILDING USE as glass repair/service/installation business (auto & other glass replacement) by lease or oral agreement; during what period of time; what are of the building was used for a primary business activity? Period VII. 1995-1996: WOODEN BUILDING AND CEMENT BLOCK BUILDING USES: WOODEN BUILDING by owner of Rent-A-Wreck resides in this building and is operating used car sales and dislay in front of, and near, this building. CEMENT BLOCK BUILDING used for storage by a different occupant of the wooden building. Mr. _ brings cars and antique items out here for storage (i.e., Mercedes, stored antique gas pumps.) Subtenant does display his own registered/licensed cars for rental to customers. NO repairs and no sales are conducted out of the cement block building. (1`,wawr gas pumps were removed by 1979 and gasoline station use was adkuidollcd Iw 1979). (lie does not do oil changes or other auto services at its >i1i hilt does them at an out-of-town site.) Page 3 - Appl. No. 4401 Ref: Application of D. DeFriest and Rent-A-Wreck Southold Town Board of Appeals FORMER ZONING CODE: 1957 up to 1/9/1989 was zoned B-1. 1979 or earlier: Gasoline sales and auto repairs ended. PRESENT ZONING CODE: 1/10/89 to present - LB. Gasoline sales is not a permitted use. A custom workshop is listed by Code as a permitted use provided it is complementary to the rural and historic character of the surrounding area (window repairs /installation could be a complementary "custom workshop"). However, sales and display of used vehicles is not a permitted use in the LB, although it can be permitted in the B District under a new car dealership and by Special Exception action. on or- about October 10, 1996, Attorney for the Applicant, has clarified this 7,BA application to a request for a use variance under Article VIII, Section 100-81A (based on the only Action of Disapproval, June 3, 1996 issued at this time). Applicant will be addressing the "use variance" standards and criteria established by New York Town Law for the record, which was not received at the last hearing. As of 10/t8/96, applicant has not modified the initial application to the Building Inspector, nor has any other primary use been requested for consideration by Building Inspector (other than used-car rental). In the even(. applicant wislies to modify the initial request (primary use of a used-car rental business), a modified application should be filed for review and consideration by the building inspector, and subsequent notices, and other forms would need to be consistent with modified request. (The :anme procedure applies for a modified application, as for other applications. Other code provisions may also be applicable to a modified application, as per action of Building Inspector - requiring additional reviews for variances. (For example, if applicant were to claim business office as the primary use, display of cars to be rented are not listed as a permitted accessory use. a(1: ZBA Members boxes 10/ 18/96 Patricia Moore, Esq. , Attorney for Applicant an nn/i)"F, ie"i Page 33 - Transcript of Hearings Regular Meeting of July 29, 1996 Southold Town Board of Appeals 8:08 p.m. Appl. No. .1101 - DAVID DEFRIEST (as Tenant). (Owners: Mr. and Mrs. Joseph Gnozzo). Request for Variance based upon the June 3, 1996 Building Inspector's Notice of Disapproval under Article V111, Section 100-81A, issued on the following grounds: Automobile rental use in not a permitted use in this limited Business (LB) Zone District. Location of Property: 73265 Main Road, NY; County Parcel #1000-45-3-2. Size: 5+- acres. Patricia J. Moore, as Attorney. CHAIRMAN: I have a copy of an original survey from Roderick Van Tuyl pc, which is dated January 25, 1983. I have some pieces of that survey, copied, and I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Ms. Moore, how are you tonight? PATRICIA MOORE ESQ. Fine thank you. Let me just do some bookkeeping with Linda for a moment for your records. SECRETARY LINDA hOWALSKI: Ok, for disclosure. PATRICIA MOORE ESQ: I'm very pleased to be here this evening, and I'm representing Mr. Gnozzo who is the owner, operator of Rent-A-Wreck. Mr. DeFriest is here this evening as well, and hopefully between all of us, we can answer whatever questions you might have as we go along, and I make this presentation. Before I start I'd want to say that. Quite a surprise, that Mrs. McElroy who lives to the East of this property, submitted a very nice letter that I would like to read into the record. It says: Kindly note that my property is adjacent to Rent-A-Wreck. I would like to say that it's a nice clean respectable quiet business. I'm happy to have them as neighbors. I hope the Town will grant them continued access to the adjoining property. Thank you, Sincerely Mrs. McElroy PATRICIA MOORE ESQ: Now, I will present that to you for the record. I'll do it all at the end. Just to start off with. I'm going to give you a little tour of your memory lane, because some of these facts I was learning, as I was researching the History, of this parcel. Some of these, you could probably- add to, because you know, some of you have been here longer than you'll probably care to sap. CHAIRMAN: Or admit to. Page 34 - Transcript of Hearings Regular Meeting of July 24, 1996 Southold Town Board of Appeals PATRICIA MOORE ESQ: Or admit to, that's right. The property right now is zoned limited business. It's a pie shaped parcel. It has preexisting residences on both sides, and the parcel itself has, the building where rent-a-wreck is currently renting that is partly residence, and partly commercial. And then to the west, on the same property is a cement block building. The property has a CO and it was dated, or it is dated June 1, 1979. It's described as a business building in parenthesis, service station, and accessory structure in parenthesis, repair shop. So we have presently a CO. Now, the trip through memory lane. In 1960 as I understand it, a Harry Bubb owned and operated a gas station there, and that's when the pumps were in the front under the canopy, or by the canopy there. Then, it's a mystery because I couldn't get anyone to tell me anything more. But in May of '78, a Mr. Cataldo family sold it to, I guess within the same family or another Cataldo, and there was in the Building Department's records, a housing code inspection that said. The dwelling that had the service station with a portico over the gas pumps, it was sound precision, which I seem to recall in my History period. It was an auto repair place, and it was in a cement building on a slab. The house was in terrible disrepair, and it had numerous violations on the sanitary code and the building code. It was not in good shape. Then the property in '79 was sold to a Moritz. The cement building based on the Assessor's records. There is a picture of the cement building, and it shows the Lawn Mower Repair Sales and Service, that was done on that property. Then in '81, Sonny Brown made an appeal to your board, and you have a decision in your file, that he requested an auto repair business with certain conditions, that were imposed by the Zoning Board at that time. In '83, the Gnozzo family ( ) they asked to reinstate the residence and again, that was with certain conditions on it. That appeal was made to the Zoning Board, so you have that in your record. While the Easterly structure was used as a residence, and maybe to a certain extent commercial. There was a continue used of the cement building as a commercial property. Do you have questions because I know that--? MEMBER TORTORA: I don't have a copy of the Zoning Board, '83 decision. PATRICIA MOORE ESQ.: Oh that's right, ok. Linda I know has that in there, but I have a copy as well. MEMBER TORTORA: Yes Page 35 - Transcript of Hearings Regular Meeting of July 24, 1996 Southold Town Board of Appeals PATRICIA MOORE ESQ: Then in 1988, Mattituck glass window and - they do glass works obviously, windows repairs and automobile glass sold, service and installed at this location. Then we push ahead to 1995, and Chesterfield Associates who are contractors. They were rebuilding the East Marion Causeway, used the property for their office and command center, and possibly was in storage of their equipment there. CHAIRMAN: The office or the house, Pat? PATRICIA MOORE ESQ: Well, it's the house. MR. DEFRIEST: It's the building that we're operating to renovate that now. PATRICIA MOORE ESQ: That same building. SECRETARY LINDA KOWALSKI: For the record we need to have the names of the speakers? PATRICIA MOORE ESQ: I'm sorry. SECRETARY LINDA KOWALSKI: That's all right. PATRICIA MOORE ESQ: That was answering for me, and I'll put it on the record. Mr. DeFriest points out that, the Chesterfield Associates, the contractors were operating from the part of the property that Rent-A-Wreck is now renting. So, you can see that there is numerous uses on this property, and they kind of, over time been a variety of uses that were sales, repairs. CHAIRMAN: Just so we're going in a direct line here. PATRICIA MOORE ESQ: Sure. CHAIRMAN: Who are living in the house now? MR.. Joseph Willsey: I stay in the house probably three nights a week. CHAIRMAN: He is who, in Rent-A-Wreck. MR. JOSEPH WILLSEY: I am the principal. CHAIRMAN: You are the principal in Rent-A-Wreck, ok, and you utilize the cement block building for what? MR.. JOSEPH WILLSEY: For storage of cars. Page 36 - Transcript of Hearings Regular Meeting of Jule 29, 1996 Southold Town Board of Appeals CHAIRMAN: Storage of cars. What is done in the cement block building? MR. JOSEPH WILLSEY: Storage of cars. CHAIRMAN: Is oil being changed on the cars. MR.. JOSEPH WILLSEY: No, I do all that work. I have a big shop in Middle Island. CHAIRMAN: I see. PATRICIA MOORE ESQ: We'll get into all of that. MR. JOSEPH WILLSEY: l do no service CHAIRMAN: I just had to figure this thing out. PATRICIA MOORE ESQ: That's all right. If it will help it along the way. MR. JOSEPH WILLSEY: I have two buildings in Coram and Middle Island, where I use CHAIRMAN: So you just bring the cars out here. PATRICIA MOORE ESQ: I'll get into what they specifically do, ok. CHAIRMAN: OK. PATRICIA MOORE ESQ: Now I'll get into my legal argument, which you knew at one point or another, I was going to bring in. Under Article 24, on the nonconforming use section. It says, that non-conforming use, regardless of the change of title, possession or occupancy, has the right thereof, may be continued indifferently and then cease as, but shall not be changed to another nonconforming use without approval of the ZBA, and then only to a use which in the opinion of the board, is of the same or more restricted nature. That's one argument in favor that, I think you could use in favor of granting this application. This property as I pointed out, the History has been commercial uses. It's been automobile related uses, car service station, gasoline, car repairs. The automobile glass repairs. It's been retail sales. Automobile items were sold. Lawn mowers were sold service, mirror and glass were sold. So, we've got now two uses that have been continuing at various times throughout it's History. After Rent-A-Wreck, what do they do? They rent cars, they don't lease them, because he explained to me.. Honestly, I Page 37 - Transcript of Hearings Regular Meeting of Jul 24, 1996 Southold Town Board of Appeals didn't, realize that there is a big difference. But renting versus leasing. Leasing is for long term. Renting is for short term. Anything under a month. MR. JOSEPH WILLSEY: A month. PATRICIA MOORE ESQ: OK. These cars are licensed, they're insured, they're registered and they're inspected, all right. He does no repairs, no sales of any cars from this site. The cars need- ing repairs are transported from the Middle Island shop, which - he has a very elaborate shop in Middle Island, where he brings his drivers. The drivers, lie's got numerous drivers that brings the cars out, and then when the cars are distributed in the community, and they're returned. The cars are returned to Middle Island, because they're serviced and maintained there. So, there is no concern about any kind of automobile repair, we're servicing at this location. The types of conditions that you see in Sonny's Brown's appeal, I went over with Mr. Willsey and I said. Well, do you do any major repairs? No, so he can bide by that condition. Are there any automobile parts dismantled, or damaged vehicles stored out in the open? No, and you would certainly not intend to do that. Are the parking area's property located? Well, he's tried and to the extent that, if the Planning Board deems necessary with a site plan, can be modified. But, at most they're approximately six to eight, no more, cars that are on display there, because there is a turnaround, and they do get them generally out into the community right away. There is a need. Are there vehicle lifts or pits within the building? I don't think that they are there anymore. So, they're not intending to use the inside of the building for that either. They're no sales of gasoline. The gas pumps have been removed a long time ago, and they'll be no automobile sales. He doesn't intend to sell those cars, or operate a used sales car lot there. The surrounding uses have not changed properly in about 40 years. I'm guessing, but in that time, I don't think anything changed in that area. That is a pretty stable commercial area that, the use of their R Industrial business uses. The zoning was B1, and for some reason it was identified as LB, but LIO is, I think within. It's right down, not far, now I remember Across the street is LIO. I knew I was visualizing this. LIO is across the street, and within 1500 feet of B zoning. So this piece is the only LB zoning. His office, the Rent-A-Wreck site presently operates as an office. It's the command center where people call in, and many times when I was calling him, I didn't know where I was calling. Whether I was calling Greenport or Middle Island because, when there's no one in that office, all the calls get forwarded to Middle Island and it's really just a satellite business office, and the rental of the page 38 - Transcript of Hearings Regular Meeting of July 241 1908 Southold Town Board of Appeals cars, it's a distribution center. Again, when the cars are When lie takes requests for rentals, either through Middle Island, or office here. He says oh, so and so wants a car, and he distributes the cars out. So there's really no It's mostly a business office. My second legal argument is that, it is a permitted use tinder the zoning district. The business office is a permitted use. That's what he has. The retail sales is an accessory supplemental use, that's permitted in the zoning district. I believe from previous interpretations that you have with Taylor Rental. You said in the past, hey, rent or buy. In retailing you can buy, you can rent because it's just a form of ownership, and as long as it's not the predominate use there, and it is supplemental, the office is the primary use, and then the rental is his inventory, that's what-. What kind of people are asking for these Rent-a-Wreck. Now, if these were Mercedes-Benz or Porches, well maybe they wouldn't rent wrecks. Mavbe rent fancy cars and there would be clot more. But he has the used cars. He has 90 cars in his fleet at Middle Island. He owns or leases his own repairs shop in Middle Island, and then lie bas a flatbed truck which he owns, which transport all these vehicles. That's why I'm sure that he is not going to operate any repairs at that site, because he's already paving for it and has his who infrastructure set up in Middle Island, and this Southold office is a satellite office. He fulfills a need in this community because his rentals are for daily rentals for boaters. When the boaters come in and they want to get around and tour the North Fork, this is the best way- to do it. Is the rental of a car for a day, or a week, or however long our visitors are here. Sometimes he gets visitors that want to visit Tanger Mall or Splish Splash, and they go off and do that. He has one that certain people in the community have rented. One person that I got this story from your office manager. Her husband had to go to Sloan Kettering and they wanted to get a larger vehicle to give him a comfortable ride, because it was a long ride from here to the medical facility. So, there are people here in Town that need that service as well. There is apparently, advertising his service here. There is free pick up at the for the customers at the Ferry or the Bus or the Train, or their personal homes. So, you don't really have alot of parking needs there, because most people, if they need it, obviously they have a car, they wouldn't need it. They wouldn't need to rent one. So it's typically, they would have to go and rent the car to the person wherever they are, that the car, that the person is waiting for. Page 39 -'T'ranscript of Hearings Regular Meeting of July 24, 1996 Southold Town Board of Appeals As far as employees. There are 10 permanent employees with Ilo more than one or two employees on the East Encl. There are 10 permanent in his Middle Island office, with one or two maximum here, and it's usually you or your office manager, right. The drivers, he has drivers that are typically on call, and depending on the need, and they come again from Middle Island and deliver the cars and return the cars. Let's see. CHAIRMAN: How many cars Pat could we expect? I know you were talking about six cars. How many cars could we expect to see, at a max on display at one time. PATRICIA MOORE ESQ: Six to eight. CHAIRMAN: Six to eight. And you said the Planning Board is going to deal with the site plan aspect? PATRICIA MOORE ESQ: I have again, depending on what you say. I would go back to the Planning Board and show them what's there, and whether they feel it can be accomplished through his own voluntary efforts through a waiver, or they make him go through a cycling process. But there's very little you can do with that property. It's been like that forever, and really what he wants to do and held back on doing, is make the property look nicer. They've been wanting to paint it, and they started painting it, but obviously as a tenant, when your length there is, at this point questionable, he was unwilling to invest alot of money in making the place look nice. But yes, he does intend to for his own benefit and business, to make the place look nicer. CHAIRMAN: OK. PATRICIA MOORE ESQ: So backtracking a little bit, this use could be permitted with respect to the nonconforming nature of this converted to another nonconforming use. If you believe that the code right now, would not address it or allow it. I think in reading the code that, his use is permitted by the business, the professional business office definition, or description of the code which is: 2B, 1812B and then the retail use is supplemental to the service business establishment, and again that's his rental of his inventory. So, I think that you can see that it fits within the definition. But if you don't like that, or if you need something else to hang your hat on, I want to give you something else which is. That the nonconforming, converting to a nonconforming to another, which is a less intensive use, that has been Historically been on that property. If you have any questions, I'd be happy to CHAIRMAN: How is Mr. DeFriest involved? Page 10 - 7 ranscripi of Iiearmn,, Regular Meeting of July 24199C, Southold Towii Board of Appeals PA'T'RTCIA MOORE ESQ: Mr. DeFriest, well I'll start and you can introduce anytime. Mr. DeFriest at one time had planned on doing a business there, and then I guess at one point or another you offered to buy the property releasing the ( ) DAVID DEFRIEST: Right, I was some PATRICIA MOORE ESQ: Ok, come on and answer. You know you can. DAVID DEFRIEST: In 1991 I rented the facility. In 1991 or 1990 I was renting from Joseph Gnozzo, the big block building, and I was going to trv to do the used car business, the same thing Mr. Goodale is doing in Mattituck. I ran into the same obstacle he did. But I didn't pursue it, so I got out of there at that time, and then I've always kept in touch with Mr. Gnozzo and now I've entered into a lease agreement, with an option to buy the facility, the five acres. So for me, it's to my advantage. The reason I want to get this is, because for my investment I'm going to have there. This is the best situation to rent it out as a business, as opposed to a residence. So right now, I lease it with an option to buy, and I have two years to exercise that option. CHAIRMAN: So you're very simply, leasing it to him. MR. DAVID DEFRIEST: Well yes, he's my tenant. Right. PATRICIA MOOR.E ESQ: A subtenant subsequently is using it. SECRETARY LINDA KOWALSIiI: I just wanted to ask. Is he using the property at all under the lease, separately from the subtenant? PATRICIA MOORE ESQ: Are you using it? MR.' DAVID DEFRIEST: Mr, no I'm not. I have another tenant in the block building. That's what I started to say earlier, then I didn't say anymore. I have a tenant there whose storing cars. Joe is not storing cars there. CHAIRMAN: Right. SECR.F.TARY LINDA KOWALSKI: OK CHAIRMAN: He's not utilizing that building at all. MR_ DAVID DEFRIEST: No. And then there's the little block building in the back, that kind of mine. At this point I haven't done anything with it. All I've done is clean it out, and it's going I Page X11 - 'transcript of Hearings Ro;nular Meeting of Jule 24, 199f Southold Town Board of Appeals to be painted, and you know, put a new roof on it. I did that already. CHAIRMAN: Are these antique cars that are being stored or are theses regular cars? MR.. DAVID DEFRIEST: Regular cars, some older ones. I have a Mercedes in there, an older Mercedes and antique gas pumps in there. It's basically just for storage. CHAIRMAN: Ok, no business being operated? MR.. DAVID DEFRIEST: Not to my knowledge. CHAIRMAN: Ok, thanks. Yes. PATRICIA MOOR.E ESQ: It's also to my understanding, with respect to the house. Now, you've heard from one tenant, excuse me. Owner of the house to the East, whose in favor. The house to the West I understand, may be in foreclosure, so it's a difficult area. CHAIRMAN: Good, we'll start with Mr. Villa. MEMBER VILLA: Basically, you said your clients would be agreeable to all kinds of covenants or agreements, basically that there be no repair work or all of that. So that we could put that into the decision. PATRICIA MOORE ESQ: That's right, yes. MEMBER VILLA: Is there any thoughts In other words you're saying, six or eight cars. Do you have to have them all in the front of the building? I know you have two on the side, on a sketch but Mr. Well, when people come in to park you can't tell people where not to park or where to park. If you want less in front of the building, I can try to keep it down, if that's what I have to do. MEMBER VILLA: That's what I figured. PATRICIA MOORE ESQ: On one of the displays. Mr. . Display. I display six cars all the time. Not all the time, if I drop the cars in. MEMBER VILLA: I mean, do you feel you need cars for display? Mr. No, I don't need six. 12 - Transcript of Hearirn.;s Rolrular Mee,tinf; of July' 2-I. 1996 tiouIitold Tmcn Botu-d of Appcols MEMBER VILLA: Because you have a big piece of property. I was just wondering if you could just minimize the impact in the front. Mr. I do not lease the whole property. I only lease part of it. SECRETARY LINDA KOWALSKI: What part of it do you lease? Mr. Just an area that surrounds the building. Basically where you have that picture that you mentioned, where it shows parking behind the building. MEMBER VILLA: Right. Mr. : He leases that little space back there, and the entire building in the front. CHAIRMAN: You're referring to the house, as the entire building. Mr. Yes CHAIRMAN: Right MEMBER VILLA: Arid some dividing line between that and the concrete building. Mr. Right MEMBER VILLA: Because it's showing CHAIRMAN: That's a common driveway. Mr. . Oh yes. The concrete building, the big one. I was thinking about the little one here. But, the little concrete building in the back, he leases from basically the building to the right of that, and the whole entire building where his office is. MEMBER VILLA: Because it shows two rental cars to the side of that building, which would be the West side. Mr. Yes MEMBER VILLA: I was just wondering if you couldn't just line them up in there, rather then in the front. Mr. . It would be hard because that's a common driveway for the other man. MEMBER VILLA: Ok. PaIC X13 - Transcrihl of lieariul s Rcl-ular Meelinol of Jul} ?-d. I99f tioutho ld Town Board of Appeals SL:CR-I?TARY LINDA KOWALSKI: Where is the common driveway. CHAIRMAN: Between the two buildings. SECRETARY LINDA IiOWALSIiI: You mean the two buildings. Mr. Excuse me. CHAIRMAN: Common driveway, between the two buildings. Mr. Yes CHAIRMAN: And you can't stop the person from going in and out, and using the concrete building so. The driveway has got to remain open. Mr. Yes CHAIRMAN: OIL, Mr. Doven. MEMBER DOYEN: No CHAIRMAN: Mrs. Tortora? MEMBER TORTORA: Yes, the problem I'm having here is simple. I viewed it as a used variance. The use is not a permitted use, and any district except a B zone by Special Exception, as a accessory to a car dealership. This is part of the code I'm reading. You're suggesting that the rental of cars is accessory, is what your suggesting. PATRICIA MOORE ESQ: Well, it primarily a satellite office. It's a business office as a permitted I'm trying to find under the present code, if any of the provisions, if it could fit under any of the provisions. There is no definition of business office in the code, and what he's doing essentially is, operating a business, a satellite business, taking in orders, and paper work essentially. Which is what I think of a business office doing, with his inventory being out there. With his cars being out there as his inventory, that it's again it's supplemental to the office use. So MEMBER TORTORA: The office use is primary use. PATRICIA MOORE ESQ: Primary use. MEMBER TORTORA: For the rental of PATRICIA MOORE ESQ: For the rental yes, because really, there is not definition of, other than the paragraph that you sight under i~?<~e 1 I - i rA nSCrI]~'. of Hearings Ke~ular Meeting of July 2-1. 199C S~nithuld 'I t,wil Boaru of appeals business notice. That's the only place I could find anything relating to car rentals. But it talks more like leasing, rather than. It's the sale and lease of vehicles. I'm not sure it was ever though of, when the code was written because, if other people had 11,011-111 of this use then probably would have already started operating in the Torn. It's similar to Taylor Rental where, you have a invenlor' 0f' things. It could be lawn mowers, it could be soups. 11. could be anything, and you rent it rather than sell it. MEMBER TORTORA: I'm not questioning that, I'm just questioning, whether we should be. looking at the code for use variance, and whether you client has looked at anv of the other permitted options, in that district. That was one of the things I wanted to know, and the other thing I wanted to know is. You mentioned that this used to be a B district. Do you know if that was changed in 1989? PATRICIA MOOR.E ESQ: It was done in 1989. MEMBER TORTORA: So after 1989, it has not been used for anything but office, Chesterfield Associates I believe. PATRICIA MOOR.E ESQ: No, it was a lawn mower was it. MEMBER TORTORA: That was prior to PATRICIA MOORE ESQ: It was ( ) Lawn mower and Sales. MEMBER TORTORA: That was 1979 according to what you said. PATRICIA MOORE ESQ: Now wait a second. Let me see. Oh, thereabout 1988 is what I had as Mattituck Glass & Window, and Auto Glass sold. Based on the photograph that's in the Assessor's Office that has a date on it. But, whether it was continuing after that date, is in that range. It's in that period of time. MEMBER TORTORA: What I'm trying to get at is. After the zone was changed there, has it at any time been used for anything other than a business office, without a Special Exception permit in the Zoning Board of Appeals. PATRICIA MOORE ESQ: Other than a business office, you're said. MEM13ER TORTORA: Other than this Chesterfield Associates. PATRICIA MOOR-E ESQ: Of 6lattituck Glass, Window & Glass, sold service, and installed. MEMBER TORTORA: And how long did they use that, until '88 or after. I'ag~ 15 - Transcript of Hearings Hcgiilar Meetiu- of July 2-4, 1996 Snutholcl 'I own Board of Appeals PATRICIA MOOR.E I:SQ: No, I'm just saying that '88 is when, I have reference that they were there. CHAIRMAN: Were they there in '91, when you starting leasing? MR.. Well I'd like to sidetrack a little bit. The glass was actually in the block building, in the bigger building, but it's on the same property CHAIRMAN: Right MR. Yes, I took over that building when they vacated it. CHAIRMAN: Ok. That was the question. So that was vacated around 1991. MR. Right MEMBER VILLA: So, they were under a preexisting nonconforming, at that time. PATRICIA MOORE ESQ: Right MEMBER TORTOR.A: So from '91 to 95. PATRICIA MOORE ESQ: no '88. MR.. See I was in there, like I said. I tried to do an auto sales business, and the Town code doesn't permit it. I didn't want to go pursue it, so I decided to give it up, and that's when Greg Standish, he rented it. I told Joe Gnozzo, and this guy just took over when I got out of there, and then he started storing cars, and he's been there ever since. CHAIRMAN: But the issue that Lydia is asking for. What was it used as, post 1989? MEMBER TORTORA: Post MR. : I don't think anything, other than. I know the Chesterfield Associates rented it from Joe Gnozzo, because he was the owner. CHAIRMAN: Yes, but Mattituck Glass was there until '91. PATRICIA MOORE ESQ: Right, so it would have been posted zoning, posted zone change. CHAIRMAN: Yes, that's what you wanted to ask, yes. age If - 7 r•anscripi of hearings kc*~~iut Moctin~ of ,lith 2-1. 1996 Soutlnil~l Towu Board of Appeals PATRICIA MOORE ESQ: Yes, right. CHAIRMAN: That's the reason why I jumped in, in the middle of this. MEMBER TORTORA: The time frame in this, of whether it was dis CHAIRMAN: I think we're trying to figure out. If the nonconforming use was continued or not. PATRICIA MOOR.E ESQ: Right SECRETARY LINDA IiOWALSIiI: Mattituck Auto & Glass was a business office, with telephone sales, right CHAIRMAN: And repair. PATRICIA MOORE ESQ: And repair, and sold retail. Apparently their description on their sign was, "Sales, Repairs, for Automobile, glass. Everything SECRETARY LINDA KOWALSIiI: Glass CHAIRMAN: They did glass, mirrors, every, all kinds of glass SECRETARY LINDA KOWALSKI: They replace windows and glass. PATRICIA MOORE ESQ: Right. They did autos, they did repairs. Essentially, they covered all the zoning criteria, like retail office, you know. MEMBER TORTORA: They were the continuing nonconforming use. PATRICIA MOORE ESQ: Right, but the intend was never to abandoned any use there, that was retail or office. Based on what I found as far as the History of the property. It always been maintained and continued, but that's been the intent of the building. The building really can't sustain anything other than a commercial use there. A house is not a very I think you also have another alternative, and that is. To change to another nonconforming use, which is a less intensive use, based on everything you've heard about how he operates his business. So, it's much better than if it were an automobile repair rental of vehicles or auto sales or rental because, it's much less intensive. Sales and rentals would imply repairs and all the other thing that go along with the selling of parts. So, like Mullen Motor. I'm just thinking Mullen Motors. Some of the other car places. There's a certain amount of repair work that's done on the premises. Page 47 - Transcript of Hearings Regular Meeting of July 24, 1996 Southold Town Board of Appeals MEMBER TORTOR.A: When was that Rent A Wreck formed? MR. The franchise. CHAIRMAN: It is a franchise. MEMBER TORTORA: It is a franchise. MR.. Yes, it is a franchise. It's been in existence about 27 years. MEMBER TORTORA: So this is the spot where it's located, its a franchise. MR. Worldwide. CHAIRMAN: It is a franchise. MR. It is a worldwide franchise. MEMBER TORTORA: Ok. CHAIRMAN: While you're there Mrs. Moore. Is there anybody else that would like to speak in favor or against this application? Seeing no hands. MEMBER VILLA: Could I ask another question? CHAIRMAN: Sure MEMBER VILLA: I notice in the paper where the lease is going to be up in August. It only goes until August of next year, I'm sorry '97. Now PATRICIA MOORE ESQ: The DeFriest's. MEMBER. VILLA: Well, the lease in here. PATRICIA MOOR.E ESQ: That would be the DeFriest's. I'm trying to remember what you have in your file. MR.. DEFRJEST: Is there something in there, where there is an option I believe, to renew it. One for 18 months with a If I still needed more time, they would give me another eight months, or another six months rather, which would make it two years. Basically it was for me to get financing. But if I can't do this, can't do a commercial rental there, maybe I won't pursue the purchase of it anyway. Page .16 - Transcript of Hearings Regular Meeting of Tuly 21, 1996 Southold Town Board of Appeals CHAIRMAN: And then Mr. ( ) would go to another site, and he'll be back here again. PATRICIA MOORE ESQ: He really likes that spot. Apparenfl ' location wise, for Greenport. It's really becoming a tourist area, with the Marinas and so on. The others area is working out ( ) CHAIRMAN: Right, so. MEMBER VILLA: Well, basically the question I had was that. It seems like a short term thing, but if this gets approved, you Mr. DeFriest would buy this, and you in turn would go into a long term lease with Budget Rent A Car. PATRICIA MOOR.E ESQ: Right. CHAIRMAN: Now, this is the only lease that exists on the property except for the agreement you have with the person that's renting the cement block buildiiiC SECRETARY LINDA KOWALSKI: There's another lease, right'' CHAIRMAN: There's another lease. SECRETARY LINDA KOWALSKI: With the cement block building. MR. I don't have a lease with him though either. CHAIRMAN: It's month to month. SECRETARY LINDA KOWALSKI: It's oral. MR. : Yes. CHAIRMAN: So, this is the only lease that covers this entire piece of property right now, to your knowledge. SECRETARY LINDA KOWALSKI: The only- written lease. CHAIRMAN: The only written lease. MR. : Right. MEMBER VILLA: Now do we have to address two uses on this one piece of property. SECRETARY LINDA KOWALSKI: It's five acres so. Page 49 - Transcript of Hearings Regular Meeting of July 24 , 1996 Southold Town Board of Appeals CHAIRMAN: No, we're going to draw a line down and say this is A side, and this is B side, and that's it. Very easy, it's the way I do it in everything I deal with, up West some. PATRICIA MOORE ESQ: ( ) CHAIRMAN: And if it's not on there, I'll take spray paint out and spray it on there, and then it's sketched in. PATRICIA MOORE ESQ: ( You can't cross the car. You can't cross you leg under that line. CHAIRMAN: Usually, I give the tenants an options. Would you like A, B, or C. PATR.ICIA MOORE ESQ: Yes, if you have any options. Would you like to ( ) - CHAIRMAN: No, the only option I have Ms. Moore is to close the hearing, and reserve decision. So, you can stay around and we'll be agonizing over this in a short period of time. Ok, hearing no further comment, I'll make a motion reserving decision until later. MEMBER VILLA: Second CHAIRMAN: All in favor? (All ayes.) PATRICIA C. MOORE Attorney at Law 315 Westphalia Road P.O. Box 483 Mattituck, New York 11952 !1 : (516) 298-5629 r? o C~ (E CCE L- J (516) 298-5664 I I I I Margaret Rutkowski AW cJ 1 ; Secretary I ~j BY HAND j 9L~ i Southold Town Zoning Board of Appeals Southold Town Hall Main Road Southold, NY 11971 Re: Application of David DeFriest and Rent-a-Wreck Dear Linda: Enclosed please find a Memorandum of Law submitted to the Zoning Board of Appeals on behalf of my client, Rent-a-Wreck. I have also included the Appellate Division case of Biener v. Thomaston which is right on point. Thank you in advance for your assistance in this matter. Very truly yours, atricia C. Moore cc: rent-a-wreck David DeFriest Encls. SOUTHOLD TOWN ZONING BOARD OF APPEALS X In The Matter of David DeFriest, as tenant MEMORANDUM Rent-a-Wreck, subtenant. Appeal # 4401 X FACTS Appellants have applied for permission to operate a car rental business from a property located at 73265 Main Road, Greenport, Suffolk County Tax Map Number 1000-45-3-2. The property was rezoned Limited Business(LB) in 1989 which does not list automobile related uses in the LB zoning district. Prior to the 1989 rezoning, the parcel was zoned General Business (B-1) which permits by Special Exception of the ZBA "Public garages, gasoline service stations and new and used car lots, all subject to certain conditions.." " Public Garages" permitted the sale/rental of vehicles. The buildings were constructed prior to zoning. In the 1960's Bubb's Gas Station operated from this parcel and the car lifts remain inside one of the buildings. In June 1979 a Certificate of occupancy was issued for "Business Building (service station) & Accessory Structure (Repair Shop)", the Housing code inspection performed by the building department described the property as containing a dwelling, a service station with a portico over the gas pumps, and an auto repair business in the cement building. In 1981 Sonny Brown appealed to the ZBA to reestablish the automobile repair shop. The ZBA granted the appeal with certain conditions.( Rent-a-wreck has agreed to comply with the conditions). In 1983, the present owner, Gnozzo, lived in the dwelling while leasing to various tenants operating automobile related uses on the same premises. The parcel has continually been used for automobile related businesses. Attached is an affidavit prepared by Frank Messina owner and operator of Mattituck Glass. Mattituck Glass rented a portion of the parcel from 1985 through 1990. He operated his business after the 1989 rezoning as a preexisting nonconforming use. The Automobile related uses have been conducted on the parcel since prior to zoning and continued through the 1989 rezoning to present. LAW A prior nonconforming use on a parcel of land extends to the entire parcel, rather than only to that portion of the parcel actually in use. Syracuse Aggregate Corp. v. Weise, 51 NY2d 278, 434 NYS2d 150(1980) This rule of law is particularly applicable in the facts of this case. The automobile related uses were continued over an extended period of time and varying in use from automobile repair to repairs of automobile glass. The automobile related activities were conducted over the entire parcel as seen by the location of the buildings and accessory buildings. The gas pumps were removed, however,the garage lifts remained, and they have been used continuously to the present. Moreover, the volume or intensity of the use will not alter the legality of a nonconforming use. Pittsford Gravel Corp. v. Zoning Board of Perinton, 43 AD2d 811, 350 NYS2d 480 (4th Dept, 1973) motion denied 34 NY2d 618,355 NYS2d 365. The change of uses from a gas station in the 1960's, to vehicle repair from the 1970's and 19801s, to automobile glass repair in the 1990's to the presently proposed automobile rental merely varied the volume or intensity of the "Public Garage" and automobile related uses. There was no change in the nonconforming nature of the use. The Southold Zoning Ordinance at Article XXIV 100-241 states: Nonconforming use regardless of change of title, possession or occupancy or right thereof, may be continued indefinitely... (C) shall not be changed to another nonconforming use without approval by the ZBA and then only to a use which, in the opinion of said board, is of the same or of a more restrictive nature. We ask that the ZBA recognize the preexisting nonconforming use of "Public Garage"on this parcel which would allow cars to be "kept for renumeration,hire or sale". The appellant, by their attorney, presented to the ZBA the numerous uses operated on this parcel,i.e., service station, car repairs, and automobile glass repair and sales. Prior to the 1989 rezoning the subject parcel was zoned B-1 which allowed, by special exception, Public garages, gasoline service stations and new and used car lots. The uses which were operated on this parcel. Both the present zoning ordinance and the 1989 Zoning Ordinance defines "Public Garage" as follows: "A building, other than a private garage, used for housing or care of gasoline or other power-driven vehicles or where such vehicles are equipped for operation, repaired or kept for renumeration,hire or sale". The property has been used for the "repair" of automobiles, consistent with the use defined in both the 1989 zoning ordinance and present zoning ordinance. The Appellant intends to keep a limited number of cars "kept for renumeration, hire or sale". The rental of cars is an equal or more restrictive use than the uses previously operated on this property. In Biener v. Thomaston.98 AD2d 785, 470 NYS2d 16 (2nd Dept, 1983) the owner's change in the use of a parcel of property from an automobile radiator repair shop to an automobile service facility in which new cars were prepared, cleaned, and polished in connection with the owners' new car dealership was recognized as permitted. In Biener,the use of the premises as an automobile service facility occurred after a change in the zoning designation for the lot from "business" to "office building", the Court found that the use was properly declared to have created a second legal nonconforming use where the ordinance provided that existing nonconforming uses in such district could be continued or changed to a use of similar or higher classification, and both the old and new nonconforming uses were permissible under the zone's prior "business" designation. Like the facts in Biener v. Thomaston, appellants rental of vehicles would be permitted in the B-1 district of the pre-1989 zoning ordinance. Therefore like Diener v. Thomaston the use of car rentals would properly be a legal nonconforming use. RENT-A-WRECK BUSINESS RENT-A-WRECK rents cars which are licensed, insured, registered and inspected, and the business in Greenport does no repairs or sales of cars from the subject property. When the rental cars need repairs they are transported to Middle Island by his drivers on flatbed trucks. Many of the conditions previously imposed on Sonny Brown in appeal number 2873 would be acceptable to Mr. Willsey i.e. a) no major repair work b) no auto. or parts, dismantled or damaged vehicles stored out in the open etc. C) parking areas properly located d) vehicle lifts or pits within the building e) no sales of gas products f) no motor vehicle sales The Rent-a-wreck office rents only a small portion of their fleet on the North Fork ( Middle Island has 90 vehicles in their inventory - Greenport Office has only 6 on display at any one time). The Middle Island office conducts rental of cars, auto repair of own fleet (90 cars) at their own off premises repair shop which are transported by flatbed trucks to the repair shop. The Southold Office is merely a satellite office for taking reservations and distribution. No more than 6 to 8 cars are stored as his Greenport inventory. The rental business fulfills a market niche which is suited to our tourist economy on the North Fork daily rentals for boaters who come out and tour the East End, locals who need larger vehicle for a special needs, weekly rentals and monthly rentals; very little traffic is generated at this property because rent-a-wreck provides free pick up of customers at ferry, bus, train and personal homes; When the vehicles are Returned the rent-a-wreck crew from the Middle Island Main Office delivers cars to the office for paperwork with the renter then cars are returned to Middle Island for maintenance and storage. The Middle Island Office employs 10 permanent employees with no more than 1-2 employees at the Greenport office. In light of the uses which could be conducted from the preexisting nonconforming vehicle repair garage previously conducted at these premises, the car rental business is far less intensive. CONCLUSION The appellant should be granted the application subject to such reasonable conditions as the Board feels is appropriate. Dated: Mattituck, New York August 2,1996 Patricia C. Moore Attorney for Appellant 315 Westphalia Road P.O.Box 483 Mattituck, New York 11952 (516)298-5629 Southold Town Zoning Board of Appeals x In the matter of David DeFriest, as tenant AFFIDAVIT Rent-a-Wreck, subtenant Appeal #4401 x FRANK MESSINA, being duly sworn, deposes and says: 1. That I do business as Mattituck Glass, Route 48, Cutchogue, New York. 2. That from 1985 through 1990, I rented a portion of the property at 73265 Main Road, Greenport, New York, Suffolk County Tax Map Parcel #1000-45-3-2 from Joe Gnozzo. 3. That my business included the sales, installation and repair of automobile glass and that I opperated my business knowing that there was a certificate of occupancy for "BUSINESS BUILDING (SERVICE STATION) & ACCESSORY STRUCTURE (REPAIR SHOP)" issued by the Southold Town Building Department in 1979. That the building department allowed me to opperate from this location for five years. 111. That inside the cement building are two vehicle lifts which were used for automobile repairs. 5. That from time to time, I would sell automobiles and boats from this parcel. 6. That throughout the Town's history, this parcel has been used for automobile related uses. 7. That I know that when the buildings were built, a Hudson Car Dealership and an Indian Motorcycle Sales operated from this location. Later the buildings were used for automobile repairs and incidental automobile related uses. 8. That I support the application to operate a car rental business from this property because the use will not affect the character of the neighborhood - this property is isolated, and the use will improve the parcel which has been allowed to deteriorate because of its underutilization. ,J', y~ ' 410- - Frank Messina Sworn to before me this Zq~kday of aL)L`/ 1996 Notary Public PATRICIA C. MOORE Notary Public, State of New York Suffolk County - No. 4861668 Commission Expires June 16. Wl- ~ FOAM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Clerk's Office Southold,N.Y. Certificate Of Occupancy No. 295 l)atc Ju .ne 1 ............_..........19..79 THIS CERTIFIES that the building . . Location of Property .......73., 265... ......Main Road }rFP@ [port, . N. Y. House No. Street Hamlet County Tax Map No. 1000 Section ~~S ....Block 03......... Lot 0102....... . Subdivision xxsxx.'cCx ...............Filed Map No. xx)cd.~',)t No. REQUIREMENTS FOR SERVICE STATION & REPAIR SHOP WILT ije,Tydbstantially to the :44 e9px ASK l3Wl i~S 7 YaL; rrrxlllUU VV C RTIFICATE OF OCCUPANCY April. 23...... I9 pursuant to whicji--B tdagy,.y&ho, Z9514-3.......... dated Jwp.... 1.. , . I o .7.~ 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 Business Building (Service Station) & Accessory Structure (Repair Shop) The certificate is issued to Fred Cataldo & ors. .....(owners of the aforesaid building:. Suffolk County Department of Health Approval Pr~-ax . . - Pre-xi UNDERWRITERS CERTIFICATE NO . 7Sting :;m!ding Inspector Rev 479 RUG-02-1996 14:24 FROM SUFFOLK COUNTY COURT TO 929e5664 P.01 - BIENER V THOMASTON [98 A.D.2D 785, 470 NYS2d 161 Martin B. Biener et al., Respondents, v. Incorporated Village of Thomaston, Appellant' Second Department December 27, 1983 SUMMARY In an action, inter alia, for a declaratory judgment, defendant appeals from a judgment of the Supreme Court, Nassau County (Murphy, J.), dated November 3, 1982, which, inter alia, declared plaintiffs' use of the property in question to ber'a legal nonconforming use, and permanently enjoined' 'defendant from prosecuting plaintiffs for their alleged illegal operation of'a car wash. Judgment modified, on the law, by deleting the fourth <*pg.786> decretal paragraph which permanently enjoined defendant from prosecuting plaintiffs for the illegal operation of a.car wash. As so modified, judgment affirmed, without costs or disbursements. The instant action involves a parcel of real property acquired by plaintiff Biener Realty, Inc. in March, 1980. Plaintiffs contend that prior to the acquisition, the property was used as an automobile service station and radiator repair shop. The Incorporated Village of Thomaston (village) Contends that the prior use was a motor vehicle radiator repair shop to which broken radiators were brought after being removed from vehicles. In either event, such use became a legal nonconforming use in 1972, when the lot's zone was changed from "Business" to "Office Building". After purchasing the property, plaintiffs converted the property and building for use as an "automobile service facility to provide automobile service in conjunction with plaintiffs' new car dealership as a 'new car get ready' where the final preparation, cleaning and polishing of new cars is performed just prior to delivery to the customer". The village, contending that plaintiffs' use of the property violated the village's zoning restrictions, commenced prosecution in the Thomaston Village Court. While the prosecution was pending, and before trial, plaintiffs commenced the instant action, seeking declaratory relief and an injunction against the village,` enjoining it from continuing the prosecution against plaintiffs in the village court. The village contends that a property owner cannot substitute one nonconforming use for another, and that its zoning ordinance allows only for the substitution of a conforming use for a nonconforming use. Article IX 1, subd [f]) of the zoning ordinance provides that "whenever a district shall hereafter be changed any then existing nonconforming use therein may be continued or changed to a use of a similar or higher classification provided all other regulations governing the new RUG-02-1996 14:24 FROM SUFFOLK COUNTY COURT TO 92985664 P.02 use are complied with" (emphasis added). This language would be unnecessary if the ordinance was intended to provide for a change only to a conforming use. The clear meaning of this section is that a property owner may change from one nonconforming use to another nonconforming use, provided the new use.is in the same or a higher classification than the prior use (see. Matter of Biener v incorporated Vil. of Thomaston, 85 AD2d 730)". 'Regardless of whether the prior use was as the plaintiffs or"the''village claim, the use was one allowed in a "Business B" district;,...'as provided in articles vII-A and VII of the zoning ordinance."_%'The new',' nonconforming use is also contained within that classification. Consequently, the new use is permitted by the Thcmast= zoning ordinance. Although we thus hold that Special Termcorrectly,' declared plaintiffs' use of the property in question-`:to''be,"a legal nonconforming use,^it does not follow that;"Special•xTerm should have enjoined the villagercourt'prosecution.`?.It is=well settled that "equity should only act to restrain'<the-prosecution of a prior suit where the necessity therefor~is clearly established" (SNR Holdings v'Ataka Amer., 58'AD2d"547). In the instant case, plaintiffs can obtain relief"by'-a-proper defense of the action sought to be enjoined. It goes without saying that - plaintiffs will have the benefit of this court`s decision available to them in the village court prosecution. Consequently, equitable relief is unnecessary in this case, and the injunction was improperly granted. O'Connor, J. P., Weinstein, Bracken and Niehoff, JJ., concur. Oyc~Q~C = JEAV- W. OOCHRJN Supervisor LALRY L. DOWD Town Hall, 53095 Main Road TOWN :ATTORNEY ~ n P.O. Box 1179 Southold, New York 11971 i Telephone (516) 765-1889 Fax(516)765-1823 7~ Imo; I1d (3 E OF THE TOWN ATTORNEY TOWN OF SOtiTHOLD =L' 2 MEMORANDUM TO: Zoning Board of Appeals FROM: Laury L. Dowd. Town Attorney DATE: August 9, 1996 RE: Rent-a-Wreck Memorandum of Law You have asked me to respond to the Memorandum of Law. Unfortunately, I am leaving on vacation and will have to give you a fairly cursory response. The proposal appears to be to alter a non-conforming use. You must first determine if there is still a right to claim a non-conforming use, or whether the non-conformity has been lost by discontinuance. The memorandum of law suggests that Mattituck Glass was using the site from 1985 to 1990, but shows no use of the site since then. If that is the case, the right to have a non- conforming use has been lost. If there is still a right to a non-conforming use, 100-241(C) allows it to be altered or changed to another non-conforming use with approval of the ZBA, but only if the aitered use is of the same or of a more restrictive nature than the prior non- conforming use. You might read cases with different results, but this is usually because the non-conforming use statute is different in those cases. I note that the memorandum of law cites Syracuse A4greaate Corp. v. Weiss to you in support of the claim that a non-conforming use on one part of the parcel extends to the entire parcel. I addressed this issue in my recent memo on Crosse Sound Ferry. The Courts have held as a general rule, that use of a portion of a Zoning Board of Appeals August 9, 1996 Page 2 property by a non-conforming use does not extend the non-conformity to the entire parcel. This was the holding in Matter of Cave v. Zoning Board of Fredonia 49 AD2d 228, held that a non-conforming trailer park could not double the number of trailers because it would increase the non-conformity. The Syracuse holding only applies when the non-conforming use, by its very nature, contemplates use of the entire site. Syracuse involved a mining operation where land was held in reserve for future mines, but the whole site was considered part of the operation. Biener is a short case, so I attach it. Their ordinance is similar to ours in that it allows alteration of a non-conforming use to one of 'similar or higher classification' (our code says 'same or of a more-restrictive nature'). The Biener Court found that both the prior non-conforming use and the altered use were allowed by their Village Code, and in the same zoning district, so the Court found the uses to be of similar classification. I am not sure the same argument could be made in the case before your Board. 1.. J~rG -A _N W. 000F?RkN °O2 - Sumervisor LAURY L. DOWD Town Hail. 53095'[ain Road TOWN k TOR_`t Y ?.O. Sox 1179 Souchoid. New York 1!9-. i Teleohone(5 i6)-o"5-1889 T~ '-161 7f6ia-18723 f OFFICE OF THE TOWN ATTORWESf AUG TOWN OF SOL-THOL.D PRIVILEGED AND CONFIDENTIAL ME.WRANDUM TO: PLANNINC BOARD ZONING BOARD FROM: LAURY L. DOWD, TOWN ATTORNEY RE: EXPANSION OF NONCONFORMINC USES DATE: JULY 28, 1996 Several of the Town's Boards are dealing with issues concerning the operations of Cross Sound Ferry. Many of these issues involve the law. I am doing research on these issues and propose to give you several memos on various aspects of the law. It will be easier to digest the issues in a number of small doses. If other issues occur to you, or you want more detailed information than I have put down here please let me know. The application of Crass Sound Ferry raises legal issues about nonconforming uses. If you are a nonconforming use, when are you fixed at a specific level of nonconformity? How much can you expand that nonconformity without becoming subject to the law? Can a nonconformity be limited to a specific level? T'ne following research may assist you in your future deliberations. Cross Sound Ferry is in 'he N11 zone. In that zone a ferry terminal is allowed with a special exc3otion. The ferry nas no site pian aporovai for .,se of the snack bar parking :ot. Site pian acproval was required as early as 1971. Cross Sound claims that the snack 'par lot is exempt from site plan approval because it is a pre-existing nonconforming !oz. Tney claim .hat t nas been used for parking for the snag's 'par and some --eery tr3TT1C since the 1940s. Since 1095 the parking an -hat lot has excanced from approximately 10 cars to aver 200 cars. Cross Souna seeks -o expand this narking area m an acjac_rt resicentiaily zoned 'oz. To what extent can ;he boards require a site plan and review the uses on ^.e snack bar lot? As it currently stands, it is a nonconforming business lot without site plan approval for the lot, and is subject to the following cases about expansions of nonconforming use. In the Matter of Off Snore Rest. Corp. v. Linden (1972) 30 NYZd 160, the owner sought to change a delicatessen to a cocktail lounge. The chance did not require any physical alterations to the structure, but it greatly increased the seating capacity and the parking space requirements. The deii was a ore-existing nonconforming use and had no parking spaces. The State's highest Court held that the owner could not make the chance in use without providing for the increased parking requirements. They found that a municipality may restrict the right of the property owner to expand the volume of his business. 7 he Caurt's decision was based on a ciose review of the local ordinance regarding nonconforming uses and the restrictions contained in that law. This case is also useful because it discusses whether a request for a waiver of the parking requirements is an area variance or a use variance. The Court notes that some cases have seated parking requirements as "use" restrictions while others treat them as "area" restrictions. In deciding which standard applies, the Court suggests that the Town should: "look to the reasons for the restrictions and then adapt rules applicable to use or area variances, whichever best meets the problem. Illustratively, a parking restriction may be required because the building lots are too small, or on the other hand, 'because the use of the buiicing regardless of !ot size will cause many venicles to be brought to the site." n the Matter of Cave v. Zoning Board of credonia (i9715) 19 A02d 223, ;he Ccur- reic :hat a pre-existing, nonconforming trailer Park could not expand. In 1955, the Village Board had acoroved nine :raisers. In 1969 trailer parks were prohibited in the zone. In 1973 the applicant sought to add M more trailers- The building department and ZBA approved this, on the grounds that there would be no expansion of the boundaries of the property on which the trailer ?ark was located. The Court, held that the extra ;u trailers were an illegal extension of an existing nonconforming use. As in the Off Snore case, the case rested largely on analysis if the octal ordinance on nonconforming uses. i ne Cjur gave -he Following general guidelines: An ordinance limiting the non-conforming '_,se to .he 'traG' or 'area used at the time if "h.e 3cOption of the extent ]T ^.e use at such time, . a., whether ;he whoie, or 3 par-. only or ;ne tract ar area was devoted to the nonforminc use..... The inception of a nonconformine use on 3 ;imitad Par' of a ziot goes not necessarily constitute a Ors-0-notion of the entirat-• r ;ne oiot for .ses 3f mat character as against a rater orohibitor -rdir.anca...: ne cr.terion 's '.vrether ;ne -.ature of the ~ncgient "or.c=rr_r-7irc use, in 7ne '.ic: -.e zraracter arc acactabiiir. .c suc-. Jse ,r .ne _r*_iri =are-! manifestly implies an appropriation of the entirety to such use prior w the adoption of the restrictive ordinance.... Nonconforming uses are permitted to continue but any extension or alteration must be for the limited purpose of complying with the nonconforming use section of the ordinance, provided that the alteration or extension does not tend to increase the inherent nuisance." 49 AD2d 228, 233-4. Thus, the Court concluded that only a portion of the site was used for the trailer park and that the nature of the operation did not require that the entire site be used for a trailer park. However, in the case of Syracuse Aggregate Corp. v. Weise (1980) 12 A02d 254, the Cour, held that a mining operation did contemplate the use of the entire property, because the minerals were mined from several sites on the property, mining requires stockpiling future excavation sites, there were roads interconnecting several locations on the property, no portion of the land was devoted to any other use. The Court held that mining, unlike trailer parks, is the type of business that by its very nature contemplates use of the entire site, so that the nonconforming use status applies to the entire site. Therefore, the decision about expansion depends on how you characterize the use. All tours note that there is a strong public policy against nonconforming uses, that blocks expansion and favors eventual elimination. Southold Town Code Section 100-241 prohibits the expansion of a nonconforming use. Arguably, the degree of nonconformity became fixed in 1971 when site plans were first required. We would have to do research to determine how much parking was common at that time. We could use that information to evaluate the proposed expansion of parking on the snack bar lot to over 200 cars. Of course, this would pose no problem once the project gets site plan approval for that lot since the nonconformity (no site plan) would disappear. I hope this gives you some food for thought- More information will be forthcoming. r 1 .i ~.v P ( MATTER OF BOARD OF COMMRS. Of GREAT NECK PARK DIST. V BOARD Of ZON & APPEALS OF TOWN OF N. HEMPSTEAD { } 188 AD21) 464, 591 NYS21) 501 In the Mallcr of Board of Commissioners of Great Neck Park District. Respondent. v Board of Zoning and Appeals of Town of North Hempstead. Appellant. Second Department. (December 7, 1992) SUMMARY In a proceeding pursuant to CPLR article 78 to review a determination of the Board of Zoning and Appeals of the Town of North Hempstead, dated April it. 1990, which granted an applica ion for a use variance. the Board of Zoning and Appeals of the Town of North Hcuipslead appeals from a judgment of the Supreinc Court. Nassau County (Burke. J.). dated October 10. 1990, which granted the petition and annulled the determination. Ordered that the judgment is aRrmcd, without costs or disbursements. Contrary to the appellaut's contention. Ave find that the proposed conversion of a retail store to a Chinese food takeout restaurant constituted a change of a nonconforming use for which a variance w:as required under the Iowa's zoning ordinance (see. North Hempstead Code $ 70-208: Town of Somerset v Perry. 115 AD2d 313, a1Td 67 NY2d 1014: City of Buffalo v Roadway Tr. Co.. 303 NY 453: cf.. Bicmcr v Incorporated Vil. ofTLonaston, 98 AD2d 785). We furher reject the appCllanl's contention that it properly granted the applicant a use variance permitting the store to be converted to a takeotd restaurant. AlOmngh a use variance may be granted upon proof of "unnecessary hardship". in order to establish such hardship the record into show, inter atia. that (he land in question cannot yield a reasonable return if used only fora purpose allowed in the zone in which it is situated (sec. Matter of Villagc Bd. v Jarrold. 53 NY2d 254: Matter of Crossroads Recreation v Broz. 4 NY2d 39). Moreover. "fill is now well recognized by the courts of this State that in order to show that the land in question cannot vicld a reasonable rate of return an applicant must show pronFin dollars and cents form' which demonstrates that no <Pg. 1G;> permissible use will vicld a reasonable ntc of return. and th:u conch,sory icstimom of wimcsscs. mtsupplcincntcd by such proof. 5 insutfcient" (Mauer of Miltope Corp. v Zoning Bd. of Appeals. 184 AD2d 565. 560; Matter of D'Alesstmdro v Baird of Zoning & Appeals. 177 AD2d 694; Matter of Town Bd. v Zoning Bd. of Appeals. 161 AD2d 647). Sincc the record here is devoid of any evidence "in dollars and cents form" of the applicant's inabihiv to realize a reasonable return under existing permissible uses. there is no rational basis for the appellant's finding that the premises mould not yield a reasonable return absent the grant of a use variance. Accordingly, we find that the Suprennc Court property granted the petition and annulled the appellant's dclennination. Mangano. P. J.. Thompson, Eibcr and Rittcr. 11., concur. BIENER V THOMASTON 199 AD2D 785. 470 NYS2D IGj t X~ Martin B. Bicner cl al.. Respondents, v Incorporated Village of Thomaston. Appellant D ' ri . f V1 Second Deportment r, ~l M1~ , ` I December 27. 1983 SUMMARY In an action. inter alia, for a declaratory judgment, defendant appeals from a judgment of the Snprcmc Court. Nassau Counly (Murphy. 1.), dated November 3. 1992, which, inter ilia, declared plaintiffs' rise of (lie property in question to be a legal nonconforming use, and permanently enjoined defendant from prosecnting plaintiffs for their alleged illegal operation of a car wash. Judgment modified, on the low, by deleting the fourth =Pg. 78G> dccretal paragraph which pernumenlly enjoined defendant front prosecuting plaintiffs for the illegal operation of a car wash. As so modified. judgment affirmed. without costs or disbursements. The instant action involves a parcel of real property acquired by plaintiff Bic cr Really. Inc. in March. 1980. Plaintiffs contend that prior to one acquisition, llte property was used as an automobile service station and radiator repair shop. The Incorporated Village of Thomaston (village) contends that the prior use was a motor vehicle radiator repair shop to which broken radiators were brought after being removed from vehicles. In either event, such use became a Icgal nonconforming use in 1972. when the lot's zone was changed from "Business" to "Office Building". Aflcr purchasing the property. plaintiffs convened the property and building for use as an "automobile service facility to provide automobile service in conjunction with plaintiMi' new car dealership as a 'noty ear get ready' where the final preparation, cleaning and polishing of new cars is pcrforned just prior to delivery to the customer". The village. contending dim plaintifrs' use of the property violated lite village's zoning restrictions. commenced prosecution in line Thounosion Village Court. While Ilse prosecution was pending, and before trial. plaintiffs commenced the instant action, seeking dcedarmory relief and an injunction against the village, enjoining it from continuing the prosenmion against plaintiffs in the village court. The village contends that a property owner cannot substitute one nonconforming Ilse for another, a+d that its zoning ordinanceallows only for the substitution of a conforming use fora nonconforming use. Article IX 1, subd in) of the zoning ordinance provides that "whenever a district shall herctfter be changed any then existing nonconforming use therein nor be continued or changed to a use of a similar or higher classification nrox ided all otter reamiations governing the ne•,% use are complied with" (emphasis added). This language would be unnecessarv if the ordinance was intended to provide fora change only Io a conforming use. The clear meaning of this section is Ihat a property owner may change front one nonconforming use to naothcr nonconforming use. provided the new use is in the same or a higher classification than the prior use (see Matter of Biener v Incorporated Vil. of Thomaston. 85 AD2d 730). Regardless of whether the prior use was as the plaintiffs or the village claim, the use was one allowed in a "Business B" district. as provided in articles VII-A and VII of llte zoning ordinance. The new nonconforming use is also contained within that classification. Consequently, the new use is permitted by the Thomaston zoning ordinance. Although we thus hold that Special Tenn correctly declared plaintiffs' use of the property in question to be a legal nonconforming use it does not follow that Special Term should have enjoined the village court prosecution. II is well settled that equity should only act to restrain the prosecution of a prior suit where the necessity therefor is clearly established" (SNR Holdings v Alaka Amer.. 58 AD2d 547). In the instant case. plaintiffs can obtain relief by a proper defense of the action sought to be enjoined. II goes without saying that plaintiffs will have the bencrit of this court's decision available to them in the village court prosecution. Consequently. equitable relief is unnecessary in this case. and the injunction was improperly granted. O'Connor. J. P.. Weinstein. Bracken and Niehoff. A. concur. 874 94 APPELLATE DIVISION REPORTS, 2d S MEMORANDA, Third Dept.. May, 1983 875 as required by 4 NYCRR 4.5 (a) (5) (iii). During this petit to the State Communities Aid Association (SCAR), a professional lobbying alleges that petitioner was informed on two or three occasio group, for use as a business office. Petitioner Center Square Association, Inc. .,q writing was ineffective and deficient, that petitioner made a s. not-for-profit corporation seeking to rehabilitate housing in the Center Square the preparation of an amendment agreement and applied it to the Town in area, filed a complaint with the Commissioner of the Building Department of Gorham as well as to the Town of South Bristol, when it pertained only to the the City of Albany, requesting that the proposed use by SCAR be restrained as latter town, and when confronted, claimed that he had forwarded the amend- not authorized by the zoning ordinance. The commissioner denied this request. ment to both towns, causing considerable confusion in his office. The supervi- stating that the use of the first floor as a business otlice was a continuation of a sor further alleges that petitioner was informed on May 15, 1981 that his nonconforming use, with "no qualitative change in terms of volume. performance was not satisfactory and on May 18, 1981, of his options of density, appearance or structure". Thereafter, petitioners Center Square Asso- resigning, attempting a lateral transfer or resigning and applying for reap- ciation, Inc., and various Center Square area residents appealed to the board of pointment in a comparable title. Petitioner does not deny these allegations but building and zoning appeals. Following a hearing, the board denied petition- attempts to explain them and gives a different version. He admits that on May ers' application, concluding that a ]awful nonconforming use of the building for 15. 1981 he was advised he would not be employed beyond the end of his office purposes existed at the time of enactment of the 1924 tioOrdinance. . 1981 a written appraisal of his continued to the present time, and included the intended operation by SCAA. probationary period and that on June 2 Petitioners then stated that he failed to meet requirements, that the probationary commenced this article the 78 proceeding to annul the hoard's period would be ended and that petitioner would be terminated on June 17, determination. Special Term dismissed the petition. and this appeal followed. first 1981. Petitioner refused to sign this report, as requested. Since there is no Petitioners first contend that under the 1924 zoning ordinance, use , btheut was requirement in 4 NYCRR 4.5 (a) (5) (iii) that the supervisor inform petitioner floor of the building a medical office was not t a a nonconforming rise, lawful as a "home occupation". The 1924 zoning ordinance permitted the office of his status and progress in writing, the notifications and discussions outlined of a physician in a residential zone when the office was "situated in the same above would appear to me to be in substantial compliance with the require- * ment. and petitioner was terminated on June 17, 1981, within the maximum dwelling or apartment used by such physician as his to dwelling. 52-week period of his probation, and duly notified of such termination by letter (former Zoning of Or the Ordinance, City of Albany, p 292). Petitioner 9 s contend that Dr. dated June 4, 1981. Even if it were determined at trial that there was not c Winnan use of building fit this description because at the time the 1924 substantial compliance with 4 NYCRR 4.5 (a) (5) (iii), such determination ordinance was enacted, he maintained a medical afore on the first floor of the would not convert an unsatisfactory performance of duties to a satisfactory building and resided in in upstairs until 1935apartment. Moreover, he was the only one, or entitle petitioner to the relief he seeks. Neither rules and regulations physician listed for the pre, which time other physicians Dr, nor any other authorities so provide. As stated in Matter of Xing o Sapier (47 also began to be listed that address. Respondents argue, however, that me AD2d 114, 116, affd 38 NY2d 960), "[t]he rule has long been established and occupation use of the building was not consistent wo th the definition %v "home wo repeatedly stated that the employment of a probationary appointee may be They note that . wallith timDr. es Winne lbetweeniv1inng g . and onll1924 y cola there and were aritous terminated without specific reasons being given, without charges filed and apartments in the building, . Furthermore v without a hearing * * * [citations omitted]. Judicial review of such termination other people residing in the second. , there i sievidence io(litiro is limited to an inquiry as to whether it was made in bad faith and was record that prior to 1924 Dr. Winne had several other physicans in his se ther bitrary and capricious." On this authority, petitioner's application They were not listed in the city directory. apparently because they ware ust be con:pdered one in the nature of mandamus to review, but respondent's working for Dr. Winne. An interpretation e1 "home occupation' By the bnnni. determion on the facts in the record regarding the second six-month the local agency responsible for the administration of the zoning ordinance. must be upheld if it is neither irrational nor unreasonable ,Mailer- of Albert probationary period was a rational one and that should terminate our inquiry. Since petitioner made no claim of bad faith, there is no necessity of a hearing Board of Sids. & Appeals of City of N. Y.. 89 AD2d 960, 9621. We cannot sec that or a trial of any kind. The petition should be dismissed on the law (see Matter of it was irrational to find that a building which contains two apartments King a So an supra). [115 Misc h 641.] and an office employing several physicians is a more extensive operotion than the zoning board intended to be included in its definition of "home occupation' 18 In the Matter of Gance Asoun et al.. Appellants, v DONALD WALLACE at Thus, the board's finding that. at the time the 1924 ordinance w:!s enacted, the al.. Constituting the Board of Building and Zoning Appeals of the City of medical office was a lawful nonconforming use roust be sustained. Petitioners Albany. Pt al., Respondents. - Appeal from a judgment of the Supreme Court next contend that allowing a lobbying group to use the offcr, in 1980 was not a at Special Term (Cobb, J.), entered April 1, 1982 in Albany County, which continuation of a lawful nonconforming use. but. instead, an improper Substi- dismissed petitioners' application, in a proceeding pursuant to CPLR article _ tution of one nonconforming use for another. There is clearly n public pnlicv to 78, to annul a determination of the Board of Building and Zoning Appeals of restrict nonconforming uses in order ultimately to ,fniinite them 01f,W" n1. the City of Albany. The instant proceeding involved the permissible use of a Care a Zoning Bd. ofAppeals of Vil. of Fredonia, 49 AD2d 22S, 233, rant for k two-story brick building located at 151-153 Chestnut Street in the Center to app den 38 NY2d 710). Therefore, while an established lawful nonconfornu Square area of the City of Albany. It is undisputed that in 1916 Dr.-Charles ing use may be continued. it may not be exchanged fora different uoncnnfn,,,i '.Vane opened a medical office on the first floor of the building and moved into ing use t 1 Anderson. New York Zoning Law and Practice 2d nd. s 621. p 211": One of two apartments on the second floor. The building continued to be used as Matter of Caicagni Gmetr. Co. v Zoning r?(,'. of 1 ppeals of T,?11,,, Z- i a medical office and two apartments until December, 1980. In 1924, the city .z Hatrisnn. 56 AD2d 8451. Determining whether a particular use !s n enotiuuun adopted its first zoning ordinance, and in 1968 it adopted a second ordinance. tion of or a change in a nonconforming use is a factual dntnrminntion Cor'lu Both zoned the Center Square area as "multi-family residential". In Novem- board in each case (see 4 Rathkopf. Law of Zoning =aid Planning 14th Pdl. P1, her. 1980, respondent Mevers nurrhasPd the building and leased the first floor 18 58-24) _ A continuation of use exists ,.clip" the rise is 'emu 6~Ilnti?II~ i!,^ j 876 94 APPELLATE DIVISION REPORTS, 2d SERIES J)P;b1 same' as that which previously existed (id., at p 58-18); where the "essential repairs were made by _ character" of the use has not been changed (YM & YWHA of Mid-Westchester o In addition. 12 da) s b~ Town of Eastchester, 201 NYS2d 622). Thus, for example, a continuation was the driver's seat was n found where use of a clubhouse by a veterans organization was changed to use The instant action w;l tI' by a youth organization (id.); where a convalescent home and school for cardiac Bence and breach of children was changed to a school for mentally retarded children (Rogers v reinstall the seat brae - yWAGll Lhe b i g, Association for Help of Retarded Children, 308 NY 126); and where the form of rem entertainment offered at a bar was changed from a rock band to "dancing girls" defective design of the (Incorporated Vil. of Williston Park It 280 Hillside Ave. Rest. Corp., 55 AD2d action against Ward`, 927, mot for Iv to app granted in part, dsmd in part 41 NY2d 901). In contrast earlier accident. VW l to the above cases, an impermissible change in nonconforming use was found granted on the grout to have occurred where there was a "qualitative change" in use (Gilmore v subsequent negligent - Beyer, 46 AD2d 208, 210). Such an illegal change was found, for example, insurer of the safety of where an eight-truck milk hauling business was changed to a 20-truck general a motion I m s u m m a rv ' trucking business (idJ; where a storage and service station for construction submit factual nurtacr equipment was remodeled to become an automobile service station (Matter of issue of fact reynirinl, Calcagni Constr. Corp. It Zoning Bd. of Appeals of Town & Vil. of Harrison, 56 562: Flnig o Chun nirrr AD2d 845, supra); and where a monument and stone cutting business was ,inlet products Iinl, il;l remodeled through the addition of gasoline pumps, garage and service build- seat bracket assnmbl ing to become a gasoline service station (Matter of Kaltenbach v Board of Stds. plaintiffs. hoe ever. G & Appeals of City of N. Y., 274 NY 34). The instant case is much closer to YM unsafe. that it . odd { & YWHA of Mid-Westchester, Rogers, and Incorporated Vil. of Williston Park design had led to sung ' than to Gilmore, Matter of Caleagni Constr. Corp. and Matter of Kaltenbach. the cause of the acrid Here, no restoration or repairs are involved; there is no change in the was stated in thi,, reps ~j building's appearance or structure as a result of the change from a medical to a mechanic's negl igeiv- lobbying office. Nor will there be any increase in occupants or clientele, also to reassemhlc th, thereby to affect the character of the neighborhood. Even though the board cations ".TI e record., equally reasonably could have arrived at a contrary conclusion, its determina- foreseen a nv likrliho, tion that the proposed use by SCAA is substantially the same as the prior in the manner which _ medical office use is not irrational and is supported by substantial evidence in Special 'reran pr~p~i the record. Accordingly, its determination was properly upheld. Judgment Prentice Diu. nl' P'i,! affirmed, without costs. Kane, J. P., Main, Mikoll, Yesawich, .Jr., and Levine, - affirmed Order nflit JJ., concur. wich. Jr., ,and AV~d ss, 19 DONALD KERN et aL, Appellants, V COOLEY VOLKSWAGEN CORP., Appel- 20 In the Rlnf tar lant, and VOLKSWAGENWERE AG OF WOLFSBURG, GERMANY, Defendant and MINT, INC., PCt 11l,v Third-Party Plaintiff-Respondent. CHESTER DEMERS, Doing Business as Commission of lb, ~I: WARD'S AUTO BODY SHOP, Third-Party Defendant. - Appeals from an order of CPLR article R 1 ;i the Supreme Court at Special Term (Levine, J.), entered March 17, 1982 in Special Term, enter, Saratoga County, which granted Volkswagenwerk AG of Wolfsburg, Germa- State Tax Cmnow,, nys motion for summary judgment. This is an action to recover for personal pursunol. to nrticli•. .l injuries sustained by plaintiff Donald Kehn as the result of a single-car corpm-ntion which or, - accident. He was operating his 1974 Volkswagen when the drivels seat advertising coins. In, suddenly and unexpectedly tipped backwards, causing him to lose control of subsidiary, the Pi i the vehicle. The accident then occurred and he sustained serious personal served until 1971 n injuries. The vehicle was manufactured by defendant and third-party plaintiff authorized to d., In' _ Volkswagenwerk AG of Wolfsburg, Germany (VWAG). The vehicle, as manu- each vear. Prior f o P I factured, was equipped with a latch mechanism attached to the seat which State Consisted 't f! allowed for easy access to the battery without removing the bolts and lower "numismatic repo bracket assembly. The proof submitted attributes the accident to the front seat coin shows bvt, did n bracket being disconnected at two fastening points on the floor and the advertising :rod Twit mounting brackets being improperly fastened with the bolts loose and the an(on,ninir an im r, brackets inverted. The record also reveals that the vehicle had been involved or hnconu° liable c,, in a serious accident several months prior to the present accident, requiring with the rdew I''rf extensive repairs, including complete replacement of the drivels seat. These - ;;,xns from - MEMORANDA, Second Dept., May, 1983 759 -mar 7 JosaPH GAacu, Respondent, v ERNEST P. Hor.zs et al., Constituting the mar c _ d 674. Zoning Board of Appeals of the Town of Patterson, Appellants. - In a the proceeding pursuant to CPLR article 78, the appeal is from a judgment of the is Fhe = Supreme Court, Putnam County (Marbach, J.), entered March 27, 1981, which oeciai annulled a determination of the Zoning Board of Appeals of the Town of - Patterson to the extent of adjudging that the petitioner has the right to use r was certain premises as an automobile body and fender repair shop with paint aintiff spraying pursuant to a special permit issued by the board on July 26, 1963. fence. Judgment reversed, without costa or disbursements, and matter remitted to -es for the Supreme Court, Putnam County, for further proceedings in accordance :ion to herewith. Petitioner purchased the subject property in 1950. It was located in anted, an area which was designated as an "A" district under the zoning ordinance ck of then in effect. A permitted use in an "A" district was a public garage, defined -e and by the zoning ordinance as "a building or premises other than privet _ iecha' used for the storage and repair of automobiles". Within two or three years of First, the purchase, the petitioner erected a cement block building on the property. 3reu s He never occupied the premises 8imselfbut leased it to a succession of tenants, uing each of whom used it as a public garage for the storage and mechanical repair i -eft of automobiles. In 1960, the town adopted a new zoning ordinance which, inter q. Burt's alit, authorized garages in petitioner's district only upon approval of the lotion zoning board and upon the issuance of a special permit. In 1963, the petitioner leased the premises to a new tenant named James Wilson who then applied for gas a a special permit for the operation of a body and fender repair shop with paint - ction .spraying, The board acted favorably upon the application, issuing the special -law, permit, inter also, upon condition that it be brought up for renewal in two must years. The special permit was never renewed, but succeeding tenants contin- ment nod to operate the premises as a body and fender repair shop. In 1969 the J. P., zoning ordinance was amended to provide, inter alia, that petitioner's district t would be redesignated as "light industrial" in which neither a garage nor a ants. body and fender shop was a permissible use, with or without a special permit. ,.ts v In 1973, the tenant then on the petitioner's property, Kenneth Webb, applied I :over to the board for a variance to operate a body shop, a welding shop, and a m so mechanical repair shop on the premises. The board refused to grant the jags variance. In 1976, the zoning ordinance was again amended, but an automo- .j faint bile repair and body shop remained an impermissible use in the district in g Kars' which the property was located. The petitioner sought a ruling from the rom, building inspector that an automobile repair and body shop was a valid pre- dant existing, nonconforming use. When the building inspector refused to make -ma- such a ruling, the petitioner appealed to the board. The board upheld the the building inspectors determination, concluding that "the property in question ned does not enjoy the protection afforded a previously nonconforming use". y Thereafter, the petitioner instituted this proceeding pursuant to CPLR article n for 78 to review the board's determination, arguing that it was hive arbitrary and was capricious, and without foundation in law or fact In response, the board lion asserted, inter also, that any pre-existing, nonconforming use had been aban- the doned. Special Term resolved the math in the petitioner's favor, but on the ins- narrow ground that in 1965 no provision of the applicable zoning ordinance ,cud- "empowered the board to impose a condition limiting the duration of a special ical permit. Accordingly, he held that the unrenewed special permit was still in -ing effect and that use of the property as a body repair shop was lawful under its ar's authority. We reverse. Paragraph (b) of section 11 of the 1960 zoning ordinance provided in pertinent part that "lily issuing any special permit the Board of Appeals may impose any conditions that it deems necessary to accomplish the 1J.. reasonable application of said standards Said Board may require, as a is III 760 94 APPELLATE DIVISION REPORTS, 2d SERIES MEP i condition of the issuance of any special permit, that it shall be periodically 9 JOAN Gauss, Re renewed". Thus, contrary to the finding of Special Term, the two-year renewal recover damages fo' requirement, imposed as a condition of the issuance of the special permit to the Supreme Court, N petitioner's tenant in 1963, was valid. The present use of the premises as a which is in favor of body and fender repair shop, therefore, cannot be upheld under the authority of 'principal sum of $2` the unrenewed special permit. A remaining and as yet unresolved question, discretion, without however, is whether the use sought to be made of the property is permissible as issue of damages or a pre-existing nonconforming use. Ordinarily, in the absence of an ordinance copy of the order tc to the contrary, a property owner has no right to substitute a new nonconform- ahall serve and file ing use for an existing nonconforming use despite the generic, similarity of the County, a written st uses (see, e.g., Matter of Cakogni Constr. Co. u Zoning Bd. of Appeals of Town the principal sum & Vil. ofHarrison, 56 AD2d 845;1 Anderson, NY Zoning Law and Prat f2d edl, accordingly. In the § 6.21). No ordinance enacted by the town herein permitted such substitution reduced and amenc without approval of the board. Moreover, the right to maintain a pre-existing, ings of fact as to lia nonconforming use does not include a right to extend or enlarge it (see, e.g., indicated. Bracken. Matter of Rosbar Co. u Board of Appeals of City of Long Beach, 77 AD2d 568, -.10 Jonrrx LE3.' affil 53 NY2d 623; Town of Oyster Bay v Avalon Yacht & Cabana Club, 38 divorce action. the AD2d 604). Standing alone, however, the fact that a valid nonconforming use the Supreme Cour has been expanded or enlarged does not work a forfeiture of the right to directed him to ma: continue the original nonconforming use. If such use has been continued wife and awarded 1: notwithstanding the extension, only the extended use may be prohibited (see (2) so much of a fur Town of Oyster Bay v Avalon Yacht & Cabana Club, supra; see, also, Village of rmrgument, adher Waterford u O'Brien, 39 AD2d 490). In the case at bar, the only valid April 22, 1982, d nonconforming use of the property was the one in existence on the effective August 20,1982, w date of the 1960 ordinance, viz., a public garage for the storage and mechanical 1982, affirmed ins, repair of automobiles. In our view, the subsequent use of the premises as a The defendant bus body. repair shop with spray painting was not an accessory use but constituted interprets Special an extension and enlargement of the original use. It was therefore invalid records available t unless expressly approved under the authority of a zoning ordinance. Since the accountant with present operation of a body repair shop enjoys no such approval, it was within disagree. The ord, the board's discretionary power to prohibit it. The final question is whether the -records and that is petitioner maintains the right to use the property as it was used prior to 1963, find patient ledge viz., as a public garage for the storage and mechanical repair of automobiles. privilege and won. The board contends that he has lost that right because such pre-existing, sabd (al; Educatio nonconforming use was abandoned. On the record before us, we are unable to riffd 73 AD2d 58E resolve the issue. Accordingly, we remit the matter to the Supreme Court, considered defena Putnam County, for further proceedings to determine whether the use as a mesit. Mullen, P., public garage for the storage and mechanical repair of automobiles has been ,31. MAaINE continued or, instead, was abandoned within the meaning of the appropriate aL,"Appellants. - zoning ordinance. If the former, the petitioner maintains the right to continue dated February 4 such use. If the latter, such use may be prohibited by the board. Mollen, P. J., Connor, 251 NY ' Gulotta, Brown and Boyers, JJ., concur. 11). Mullen, P. J. 8 GAEOFALO ELxcrarc Co., INC., Respondent, v Usa w ELzcrsrc w SUPPLY x12 MICHELIN 1 AND EQuuwENr CORP., Appellant. - Appeal by defendant from a judgment of rxs at al., Appall the Supreme Court, Kings County (Shaw, J.), dated April 13, 1982, which, County (Morrison q upon the granting of plaintiff's motion for summary judgment in lieu of a 39.NY2d 241, 21 complaint (CPLR 3213), was in favor of plaintiff in the principal sum of affirmed. No opir $39,889.88. The appeal brings up for review so much of an order of the same Brown, Niehoff a court dated July 6, 1982, as, upon granted defendant's motion to reargue and _ rehear, adhered to its original determination. Appeal from the judgment 13 MoccA Loc dismissed. The judgment was superseded by the subsequent order. Order an action to reco, affirmed insofar as reviewed. No opinion. Plaintiff is awarded one bill of costs. p mho u h e Bracken, J. P., Brown, Niehoff and Boyers. JJ., concur. MEMORANDA, Second Dept., March, 1977 845 32 In the Matter of the Arbitration between AxEeLCAN ELUPLRE INsuR- ANeR ComPANY. Respondent. and DosoTaY MEYER at al., Respondents, and q~&AvEL.Eas INsuRANOE CoMPANY, Appellant.-In a proceeding to stay arbi- tration, the Travelers Insurance Company appeals from an order of the ' uprema Court, Nassau County, entered October 18, 1976, which, inter al* granted the application. Order reversed, on the law, with $50 costs and disbursements, application denied, and the parties are directed to proceed to ..:arbitration. Appellant, Travelers Insurance Company, canceled an insurance ,policy issued under New York's assigned risk plan due to nonpayment of . premiums. A notice of cancellation was served 15 days prior to its effective date. The Petitioner. American Empire Insurance Company, maintained at Special Term that the notice of cancellation was ineffective because it was - served 15 rather than 20 days prior to its effective date. We hold that the .assigned risk plan does not require 20 days' notice of cancellation when cancellation is due to nonpayment of premiums and that 10 days' notice of cancellation is sufficient (Vehicle and Traffic Law, § 313; NY Assigned Risk "Plan, 118, subd 4; cf. Government Employees Ina. Co. v Musa, 36 AD2d 452). Hopkins, Acting P. J., Latham, Damian and Hawkins, JJ., concur. [87 ,Misr 2d 160.1 33 In the Matter of GEoac$ E. Samos, Petitioner, v NEw YORK CrrY TaANsrr AurxoarrY at al., Respondents.-Proceeding pursuant to CPLR 'article 78, inter aAA to review a determination of the respondent New York City Transit Authority, dated October 23, 1975, which, after a hearing, sustained charges of misconduct against petitioner and dismissed him from position as a transit patrolman. Determination confirmed and proceeding on the merits, without .costs or disbursements. We find that the t authority established the charges against Petitioner by substantial evidence (see Matter of Psll v Board of Fdua, 34 NY2d 222). Hopkins, P. J., Latham, Damian and Rabin. JJ., concur. I L34 In the Matter of CAL.cAONI CommucnON Co., INa, Respondent, v RIIiC BOARD or APPEALS or Tim TowN AND Vni AOB of HARjusox, t-In a proceeding pursuant to CPLR article 78 to review appel- a determination, dated February 2, 1976 and made after a hearing, denied petitioner's application for a zoning variance, the appeal is - a judgment of the Supreme Court, Westchester County, entered 27, 1976, which (1) granted the application, (2) annulled the determi- and (3) directed the issuance of a building permit to the Petitioner. ant reversed, on the law, without costs or disbursements, and petition The petitioner was using the subject premises as a station to repair and service its construction and earth moving equipment at the of the enactment of a 1974 zoning ordinance which prohibited such use rezoned the premises into a pnofeesional business (PB) zone. Petitioner y not now remodel or reface the premises for the establishment of an tonobile service station, also a nonconforming use, without demonstraa unnecessary hardship (see Matter of Otto v Steinhilber, 282 NY 71, 76). -new nonconforming use may not be substituted for an existing noneon- r forming use despite its generic similarity to such existing use. Hopkins, P. J., Latham, Damian and Hawkins, JJ., concur. 3G In the Matter of Tam CoLLcm, Respondent. v THomAs CoLLrm, Appellant.-In a support proceeding, the husband appeals from an order of the Family Court, Suffolk County, dated May 12, 1976, which, inter aUa, -directed him to pay $20 per week as support. Appeal dismissed, with coats. It appears that the order appealed from was entered with the consent of the ";I 111mnpson, .1J., demarcated as including those homeowners residing near the proposed sites and the civic associations representing them. (See Matter of Di Blase (Pisci- _ rlc osrn'AI. el. al., tellil, NYLI, July 14, 1980, p 14, col 4; Matter of Douglasoon Civic Assn. v I l Galvin, 36 NY2d 1, 5-8; Connnunily Planning But. No. 2 of Borough of :qq10S (1 1 flout till J,dcd January 'l5, Manhattan v Board of Sods- & Appeals, 43 AD2d 670.) The remaining issue before this court is a review of the commissioner's determination that the (Ile 1 e complaint as o,ol ion to strike nature and character of the areas in which the facilities are to be based would ~ricl, from so much not be substantially altered as a result of establishment of these facilities (see _ as, upon granting I Mental Hygiene Law, 441.34, subd Ill], par 151). Under the statute objectants I :II III)", the order must demonstrate that establishment of a community residence facility would I D;enls. Said order result in a concentration of the some or similar type facilities such that the dated OClober 19, nature and character of the areas within the municipality would be altered - l"'"IseDleuts, the (see Mental Ilygiene Law, 441.34, subd IN, par Ill, cl ICI; par 151). 'file gory 25, 1980 are Legislature apparently intended that such challenges be sustained only when i j p+lpers submitted the evidence offered in opposition was concrete and of a convincing nature. Lander (:rent's Aside from conclusory allegations by representatives of both petitioner Gras- j I;ol; Il;e Iln.osthetic mere Homeowners' Association and Community Planning Board No. 2, no ml. discovered, or testimony adduced at the heeling indicated that such detrimental alteration j - of our holding in would occur (see Matter of Town of Greenburgh v Coughlin, 73 AD2d 672, mot III(1 ioll and tile , for Iv to slip den 49 NY2(1704; Torun of Hempstead v Connnissioner of State of I _ 'ills, J. I'., RvbiD, I N. Y. Off of Mental Retardation & Developmental Disabilities, 78 AD2d 677). Ii On this record we conclude there was sufficient evidence to support the determination under review. Lazar, J. P., Rabin, Cahalan and Bracken, JJ., it Iola, V JAMES B, concur. I _ 'ad;d lielardatiol I`. UNITED CIVIL; 10 INCORPORATED VILLAGE OF LYNBROOK, Appellant-Respondent, v NICIIO- I. I LAS PELLEGRINO, Respondent-Appellant, and ALL ISLAND TRUCK LEASING, INC., I'(uIIIIIaSIa1W1' of pulcat:ll Disabili- Doing Business as BUDGET RENT A TRUCK, Respondent. - In an action, infer ; I'I,If article 781( alia, to permanently enjoin defendants from using certain premises in a n(i:;aioner of the manner unauthorized by the provisions of plaintiff's zoning ordinance and a I, 4.•;thililies, dated previously granted variance, plaintiff appeals from so much of a judgment of j tablishlnent of the Supreme Court, Nassau County (McGinity, J.), entered June 25, 1980, as, I ,odd lie (pproln.i- after a nonjury trial, denied its application "for a permanent injunction _ dlJulcJ proceed- restraining the defendants from the parking of motor vehicles on the outside of The peliliono the subject premises." Defendant Pellegrino cross-appeals from so much of the CI'Llt article same judgment as declared that he was in violation of the zoning ordinance in -I ICI, the Churl of permitting the subject premises to be used for the operation of an auto body I: . It,. has show" shop and enjoined said defendant from permitting "Precision Collision" to use and that the said premises for such operation. Said defendant has apparently abandoned his 1-t(ected by the direct appeal from an order of the same court dated May 'L, 1981. That order It n•. (Nee, al', comes up for review upon his appeal from the judgment (see Matter of Alto, 39 ii .I+ heldthat a NY2d 241, 248). Judgment reversed, on the law, without costs or disburse- ill, selti"g forth ments, under plaintiff's first cause of action defendants are enjoined from ill uol preclude using, or permitting the use of, the subject premises for the rental of motor I. ,.vn y ill fact and vehicles unless and until a variance has been obtained which authorizes such it, is flint the use, and the amended complaint is otherwise dismissed. 'rile property in III disamed.'rile question is located on the south side of Sunrise Highway in the Village of fl- „Yllirh parties Lynbrook. It consists of two contiguous parcels, and is owned by defendant I_ 141111"• of Mental Pellegrino. For almost 30 years, until 1978, the property was occupied and JI- ision regard- used by a franchised new car dealership operated by Pellegrino or others. ,„i''ipalities auld Parcel No. 1 contained a showroom. In the same building with the showroom II= 118 N Y2d 6, 11, were automobile repair shops, including as automobile body shop. Parcel No. 2 a I l,lirylea lacks was utilized as a car lot for the sale of used tors taken in as trade-ins on new .loans dues nDt cars. The used car lot was allowed pursuant to a permit. In 1978 the franchise It.,. r;'sc may Ile terminated. Subsequently, a business known as "Budget. Rent A Truck" rented I 780 84 APPELLATE DIVISION REPORTS, 2d SERIES MEMORANDA, Second Depf . Nolrmb"r. I')AI Pal(pl No 2 from clefandant Pellegrino still began renting vehicles from that Pm-cal No. I, and that an automobile hock shop « as in Ib,• snnm Iwi) ~linp parcel. I'lainl.iff brought this nctio n ngninnt. Pellegrino and the nperntnr of the subsequent niriffnvit hymn defendant Pollrgrino rnnlrrms W& n body -1-p i i~ Iruck rental business to enjoin Lhe storage nndlor retrial of vehicles final open at inn in file building, under the nsmr T,,, is i on(' 0111 -inn ".'I h"1, i;II,~ defendant Pellegi ino's property. The subject properly is located in A commer- a(rn sponlr held (.lint this IMP must hp rnjni n,•,I her-. us,• if boll shop " Ill t h, cial district. Subdivision 1k) o(secHon 20-57 of the Village of Lynbrook Zoning an nnlonrohila repair shnp nor an ac,"n" c n, to ihr dhonc n -.all „f .0... Ordinance allows, as a permitted uRe in a cmnnrereial district., '9 slhowrornns vehicles. Assuming Hmf R was pmprr fnr lhr h int con o In rnugbf, I Ihn i m for the display or sale of motor vehicles with the right to have as an accessory notwPhAnnding Me sbmnrn of a reg11"st by plniolilf Ihn( ,.nrh n 1,— nrlisp lhmeof, a repair shop". However, the ordinance contains express probibi- and fire fuel that On, or, ,afar of the hnd1 shop ,cue not a I, , l~ I,. Ihf , lien lions that vehicles may not be "stored upon vacant lots or plots" and Antonio- wp do lint agree Willi fl. Trial court's for, 1,Hmr thrlt "Pal of -m fIf n I ,'I, h,q hiles may not. be sold except final salesrooms (Zoning Ordinance, §20-58, on Pmrpl No. I in an unnuthorized 1110 under Ili" rirv unr-lnnc"s ,.l this subds li I, Iw11. Atd.ornobile repair shops are nlso prohibited, except when used The phrases "nrntor vehicle repair shoji' and `1-"pair :n r d"fined ICI.. .I-II, in conjunction with a showrnoal (Zoning Ordinance, §20-58, guild III Used enough by thr ordinnncr In include un :alto hnrly chop ,cilhin Ihr ,I"finis i"n ~ I :car lots, while expressly pruhibitecl, are allowed in certain wrens, pursunnt to "ntolor vohiclp repair shoji' (Zoning Ordinance, § 211 2_ snbds IL I L 16PL Unite r permit when I.Ile ems sold on such tats are "used cars (aken in an part of (.he ofTrtr-tar, lor. e NaI 39 AD2d 40; 1 A'o,n,....I r Of lm..in I t A I I'd purchase price of the said Ifranchisedl dealer's new cars" (Zoning Ordinance, Since n motor vehicle repair shop is pxpr"d, - rlnssil„ d nom. nn n. -r :.n ~I I~ §20-101, solid Intl. The rental of cm's is neither expressly prohibited nor IPle snip of motor vphiclrs from a showroom f7m,Wg OnI "ro G;. , nil, permitled- We agree with the trial court. that the plaintiff has not proven that Ikh, and hecnusp the rrrord indicates flip 11111P real ie in ,111"I nlinll, Ili, I ~1411 flip vphMes being rented from the subject property were being "stirred" on the shop is it permissible ncressary use Mnrgptt, I. P_ 00"""", R'"im^ in m property. Plaintiff's witnesses could not say how long the same vehicles were Marken, d.J., cmrrur. rnn(inuously there The vehicles were apparently liepnsed and regularly in use "Stoinge" denotes pernmmneocy, while "parking" denoting transiency (Z,oa I I IN( IlrPniMTen Vn.r.AMP nr Tnmm %stnri, If,-spom1, ill. M Ira It Ill, I:I r ing Ordinance. § 242, solids 158h 17111. On this record it is rants np i-Mr-Inte to of if., Appcllnnls. In nn action to Ppn manenllc e,fj')in Ili, III drnd 111f I I I'll classify be plscing of the rental vehicles on the property as "parking" rather using certain real property in violnfion nl'the zoning „rdinnnr, If I h-, p„ than"stndr-'(see A4nller of Monument Garage Corp. a Leap, 266 NY 339, 843- tilled Village o(Thomnstrn, defembanls npp"91 from nn ,d",if fill, ""ln tie 344: hnnrpnmled Vil. (ifGrraf Neck v Gietni, 8 Misc 2d Mfr afPd 5 AD2d 7791 Conti, Nassno County (McUnffrey, .1_), rlnl"d.ltnre I! Joel. - high' n f , ,nl", Insofar as plaintiff relies on the terms of the vnriance granted to defendant brlninti R'g trillion to wnrale the dismissal of TV arum, pu,snnol h. ('I'1.11 I In; Poling?ino, which provides that. "no cars will he allowed or plncefb" upon the nn f)rtnhrr 4, 197A, nntl f21 rpstored the onion to fill, 'f,inl ('nlrn,lnl f h 1• r prpmise.s, wo option ,vil.h the I.rifnl court. I.hat that reliance is misplncrd since the reversrd, on Lhe low, with $50 costs mid dkhurs,mwwn and mot inn I d 11. nawe restrictive terms of flip variance have been gatangeded by the terms of findings of fort We been presented fnr rr,%;( . In ifs ~I-j,i,nl and II- , Lhe suhsequenlly enacted zoning ordinnncr (nee A1alfrr of Clrarniru Gunfras Sprcinl'I'pnn dirt not expressly furnish n rrnem, Fir wnwhT plnmfl', nw o Pool Clob e hi,/r r. 19 AD2d 9051 An indicated, the rental of motor vehicles is pmvpt by rpfetrnrp If, a certain stipulnlinn, ns (kiln,,- - , In his ;,frd - it it neither an expressly pornrilted nor an expressly prohibited use in a commer- opposition defmnda tit's /sic? attorney l lnrna neon Ile slipnlnlinn of 1r,6, I '.1 cial district under (lie l,yohrnok Zoning Ordinance (sae Zoning Ordinance, J977nrasl ricfion which is not con tninrd in said slipnlnli"n.-" fh"f(, is i ,11 11,- 1§20-57,20.5011. Such age is nonetheless prohibited in the case nt bar since no nnf indif-MP (Plet plaintiff Plus demnnstrnind n mneonnhlr osrnsr fnr il- X6 1-„ variance permitting trip use was obtained. Section 20-208 of the ordinance in prosecuting the within action and that, in addilion, the pb,inliff Il provides, in pertinenl part "lb) Where an appeal is token rot a variance to demonslrated that. this action is meritorious (sne Rarac, h 1, Af" I. In U'r permit a use which is expressly prohibited, no vnrinnce nr lifeepLinn' shall be 594; Zifo I, Alnrnruskv 79 AD2d 707, npp dsmd ,:1 NV2d 79131. 11, tint, tin i granted- 10 Where an appeal is token for a variance to permit a use which is cited for plain(iff's delay was its innhilily In loentf' it crrlnin d=,.vn" al not expressly pennilted not expressly prohibited, the hoard may grant n essential to the trial of this action. This doclan"nt was lint anbmill"d h, in. variance 111)(111 the sfmndarrl and guide hot pinaRer set forth." The intent of the Term. FuriJtoi, the rnmplnint was not errified 911 ,1 Ihn allm ore's nlli, "r,l i", Inc;] l log mint ore is clear: uses not expressly permi tied nor expressly prohibited of nnprit submitted In Special Term ,11 this omlion simple wp"„hd It, in a rnnunmrial district are prohibited, except where a variance has been allegations con twined in the romplnint rvilhnul nor"ring Ihn,"lo a "qtr ..III,. Obtained 'file prohibition agninst the maintrnance of an mdaide vehicle rental document which was rho basis of its claim, nr err I ing hn I h in hm r , r h- 16,1 husiness in a commercial district without a variance is not anco nsl.i(rdional as portion of the docammo which would sm a s11ppnrl plninfill's- rlninl In I I applied In defendant Pellegrino III Tntan of Clarence a Soloigbon Trailer there is nn affidavit and ling fm'th the sI"ins Inlcpn unit rliligcnl rMli f, w, I, 1,. Sides. :10AD2d 1036L Although defendnnt. Pellegrino might have been permit- Plaintiff to locate the document in gnesliTn. 'T'ile plninlilf milnplv'1 J.•1 1 led to have oppralml a used car lot in conjunction with a new car franchise, it rnnclus(1ry nllrgetinn that Ilnr delay wins uflribufubl" I" Ihn•- f Inp~n:n r it ,l ll does not follow that he must be permitted La hnve a vehicle rental filminess on il.y to Inrnte rrcords p0cuhni ly within its cool rot Wo d"I rrmim , Ili, , , f~.I his property merely brenuse rani nre tieing sold from an arthritis parcel (cf , the plaintiff has failed In prpsent nay rn,chbl" busliH,nfimn h,r Ih" p',d, II, Moller rrf Cobagni Conilr. Co. a Zoning Bal. of Appeals of Town Rc Vil. of delay in locnliug flip dncunrmrt f l ,lueslinn :nut fins Foil",I I" ,-hour Thal I; t Ilamsorr. 56 AM A451 'Pile trim Legislature could Warmly, concholp flint. doennrpof drmnnstralyd a meritorinns rlnin, agoinrl d, h ndant I I,i"I,h (lip operation of n (1sed ear fol. in cogjunrtion with a newest- frmrehi,en still flip furlhor contends that a st ipulation 111 0, Irh"r, 8, 11177 nn, 'b I I, fp operntion of a car rental business unrelaNd to any other nctivily are not ifs pmt and that by its provisions Lhr mlipnbdion adln„s No Ili" n ,lnl I I1. I'unchonalh' equlvalpnl. During file trial, lestiniony was liken to fit(' effect it disrompnl of the aclinn and its restornlion In Ih" c:d, allot 'll, fhl l,l,.., Thoovirdes ns follows- "rr in nPnrny sr mtn . Au , nrn r~s r rrn n W13 - v:rn , I,. al cars ,wpra ,still bring dicplaved and appnrpnlly gold from Ihp shocronm ,it I o \D Y J This is a Draft - and when entered into the ZBA file, will be furnished to Attorney for Applicant. This is an application before the board of appeals based upon a tenant, and sub-tenant's application, to the building inspector specifically for use of the WOODEN BUILDING as accessory office area related to the FRONT YARD display, advertising and rental of used cars in a new car rental business. Property is in an LB zone effective 1/9/1989. (Another building is conforming with storage use in the CEMENT BLOCK BUILDING used by separate tenant agreement unrelated to the used-car rental business.) CHRONOLOGY OF OCCUPANCY DATES based upon testimony and personal knowledge, prepared by Linda Kowalski (which may be modified or corrected where necessary: Item I. 1960 - Early 1979: WOODEN and CEMENT BLOCK BUILDINGS: WOODEN BUILDING occupied as office area and pump area under canopy for gas sales and minor repairs (Harry Bubb's and others), with the rear portion as a dwelling unit. Note: CEMENT BLOCK BUILDING used in conjunction with major vehicle repairs for same occupancy as WOODEN BUILDING. Item II. Mid-1979: WOODEN BUILDING AND CEMENT BLOCK BUILDING sold to Moritz. ADDED: Lawn Mower sale and repair business in Cement Block building as a permitted use. Note: 1979 - Gasoline sales was discontinued by this time. Note: 1980 - 1981 - Special Exception application was made for auto repairs, however, site plan approval was not filed, and the prospective tenant (S. Brown) did not occupy the site with his business. Note: 1979 - 1983 WOODEN BUILDING: was not occupied as a dwelling due to poor physical condition, with violations under the sanitary code as per town building department records. Item III. 3/1983 OCCUPANCY/WOODEN BUILDING - Mr. Gnozzo reinstated use, by variance application, for dwelling unit, together with use of another dwelling structure, by him as new owner. (see 2/4/1983 ZBA file $3075). Item IV. 1/1983 thru 1/1989: WOODEN BUILDING - renovated and OCCUPIED as a dwelling unit as per town approval. No OTHER PRINCIPAL USE no commercial use was es ta blis lied. If anv office was used by estahlishedi some office use was allowed as an accessory to the residence (not a commercial lisp). Item V. t / 1989 through 1993: WOODEN BUILDING - continued to be occupied as a dwelling itse, and no other principal use was established during this time period. Note: Fall of 1989 - used car sales was added without town approval, and discontinued about 1990 when put on notice by the town that it was in violation of the zoning code. Nonconforming use as a gasoline sales station is not the same as a nonconforming used _car rental business, and zoning code in effect 1/89 through the present time at Section 100-241C: "...shall not be changed to another nonconforming use without approval by the ZBA and then only to a use which, in the opinion of said Board, is of the same or of a more-restrictive nature...." Item Vi. 1991 - 1995. WOODEN BUILDING occupied only as a dwelling unit, and the front of the building used for a limited period of time as a business office (for a contractor and parking of contractor-NYS licensed equipment while contracting its services in the municipal areas). Business office use is a permitted use under LB zoning, subject to other regulations and is not considered nonconforming. Item VII. 19 to 19 Use of CEMENT BLOCK BUILDING USE as glass repair/service/installation business (auto & other glass replacement). Item VIII. 1995-1996: WOODEN BUILDING AND CEMENT BLOCK BUILDING USES: WOODEN BUILDING by Rent-A-Wreck (Mr. ) resides occasionally and operating a new business of outdoor display of vehicles for rent. CEMENT BLOCK BUILDING used for storage. Mr. _ brings cars and antique items out. here for storage (i.e., Mercedes, stored antique gas pumps.) Displayed cars are licensed, registered, inspected, before renting to customers (and owned by No repairs and no sales are conducted out of the cement block building. Gas pumps were removed since before 1979 when gasoline station use was abandoned. (He does oil changes and auto services and repairs at another location out of town, and does not do rep,iirs at this Greenport site.) FORMER ZONING CODE: L957 up to 1/9/1989 was zoned B-1. 1979 or earlier: Gasoline sales and auto repairs ended. PRESENT ZONING CODE: 1/10/89 to present - LB. Gasoline sales is not a permitted use. Window repairs and installation is not ~i permitted use. Outdoor display and sales of vehicles for rent is not x permitted Ilse. tf anc ether request is to be made, applicant shall apply to the building inspeCtor and follow the proper procedure for his appropriate action (i.e. OfTio 1 e ns iht p),iut ip ii Ise, or 'Inv other new request. ) Applicant rail .1;i l,r In ~n 'lie ma:n use '~einl sought, etnd clarify the APPEALS BOARD MEMBERS ~gUfFO~ ~O~ OGb~ Southold Town Hall Gerard P. Goehringer, Chairman y` 53095 Main Road Serge Doyen y x P.O. Box 1179 James Dinizio, Jr. O Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora 1 Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD TO: All ZBA Members FROM: ZBA Office For your review (and discussion with Town Attorney if you can over the next week) are copies regarding the pending Application of: D. DeFriest and T. Guozzo for the Hearing scheduled October 17, 1996. ~~~f= t 3EPORTS, 2d SERIES MEMORANDA, Third Dept., .fitly, 199:1 on) work have been held to ; when F & T acquired it larger facility elsewhe,e, reline", = Y of Rossano [Levine], 52 began to lease a portion of the building to other hosiness(,o Ir ~j (17~f a~ eJ, 62 AD2d 705) and that storage; Ile continued to use the remainder Gn wixili-n~ as violating a standard of storage in connection with F & T. n reasonable right to expect inter-[Ross], 43 NY2d 743). In 1991, in anticipation of selling the propoln pelilinnrr II ~Q)r 11 ~ ~ I _ I _ have been considered and sought an opinion from the Town's zoning entorc entutt oflicei rp , regarding potential uses to which a purchnser could put the ^10 ~L commercial building without nuuning afoul of the zoning 1•r«! Mahoney and Casey, JJ., affirmed without costs. ? The officer iufrmed him that, a food rlisl r ibul ion hnsine!:- such ns F & T is permitted within a "Business I zone, hot ~I 28 In the Matter of FRANK PRUDENCE, Respondent, v TOWN that storage of the type for which the properly was living used OF ITHACA ZONING BOARD OF APPEAts, Appellant. [599 NY92d 749] at that time is only permitted in an "inrlDStrlnl" zone. Beranse -Yesawich Jr., J. P. Appeal from a judgment of the Su the use of the building had been changed from a Business I'" preme Court (Relihan, Jr., J.), entered June 18, 1992 In use to an industrial" use, petitioner was notified thrt hip; Tompkins County, which granted petitioner's application, in a property was in violation of the zoning ordinancv and flint he I proceeding pursuant to CPLR article 78, to annul a determi- must either discontinue using the building or seek it vm inncc. nation of respondent finding that petitioner had abandoned Petitioner appealed this determination to respondent which, the use of his property as a commercial business facility. after a public hearing, concluded (1) that petitioner had oh Petitioner's property in the Town of Ithaca, Tompkins tained no rights as a result of respondent's previous act ions, I County, consisting of a residence and a large, commercial-type jt in which it was apparently assumed that the conunercinl use building (hereinafter the building), has been zoned residen- of the property was legal as a prior, nonronloti ring use, rued tially since the adoption of the Town's zoning ordinance in i (2) that petitioner had "abandoned or discontinued" the non of the "Flowerfield Florists", a conforming use. This CPLR article 78 proceeding challenging i11 1954. The property was the site t nursery, florist shop and lawn and garden equipment retailer, respondent's decision followed. Supreme Court, reversing nod from some time in the 1940s until about 1968•' it was vacant annulling that decision, found it to be arbitrary and without ~i bet.ween 1968 and 1,970, and from 1970 until 1979 it was made substantial basis in the record. Respondent appeals. i use of by several different enterprises in sequence, including a We affirm. Respondent's determination of abandonment i,; ' vending machine concern, an egg processing facility, an an- unjustified. It nppears from the record that I.he properly war: tique shop and a bus garage. Petitioner purchased the prop- already the site of a commercial enterprise, it nursery amt erty in 1979 and used it as the primary location of his food florist shop, when the zoning ordinance was first snarled ibuting Company, until 1988. distribution business, F & T Distr Respondent argues that f:he business, advertised ns "blower ly' In September 1981, petitioner, who believed that the commer- I'll ,I field Florists", was no more than a "narsely which is u vial use to which he put the building, referred to in various zoning applications as an "existing warehouse", constituted a ~r permitted accessory use in a residentially zoned distrirl. A i~ "legal non-conforming use", sought and was granted a van- a nursery, however, is defined as "a place where Yount bees ur ance to build an addition to tine structure.' Beginning in 1988, other plants are raised ' for sale" (Random House Dirlio nary of the English Language 1332 [unabridged 2d ed 19870; :r "florist", oil the other hand, was specifically listed in the L At the time the ordinance was passed, there were apparently three greenhouses of, the property, the largest of which served as the "main zoning Ordinnnee as an example of the type of ernter pr irr, building" of the florist business. The Tiltons, who owned the property during 1, permitted in a business district at that vitae (Zoning Ordi this period, were issued a building permit in 1955 to erect a single nddi• nanee of the Town of Ithaca, art IV, § l I Jett Ort. 7, 10511, tional greenhouse, and another in 1964 for the construction of the buildm8r - - - - which ( laced the greenhouses and which was referred to as "store and rr slons es well Ili 1976, prior to purchasing the property, he was grn"O'd storage". varianre to erect a sign no the premises, and in Ortoher lool hr rb r o, d D 2. Pelit.ioner wool. before the Town's Zoning Board on two other occa. rnorli6rntion of the vnrinnre granferl the prereding month At n to a. r•dr the legnlifv of his use of the property questionrtd. I o nr r rbr, efl o, nuv101UN REPURTS, 2d SRR1M5 MENORANDA,'1'hird Dept., July, 1993 Nr,:, , y Furthermore, the record also contains uncontradicted evi- dence that this establishment served, as a retail outlet for rent part of the building to unrelated entities does not eslnh fish "lawn and garden equipment", an activity which is clearly an intent, to abandon the former use. Mercure, judgment is Mahoney and Harvey, .LJ., concur. Ordered beyond the scope of those "nursery" operations considered that Levi the Levine, incidental to normal residential use. i. juddgment affirmed, with coats. A nonconforming use having been in existence at the time 29 Emn.m Bm.i.m, Respondent, V CLARICF PursrrFa, Appel the ordinance became effective, that use is allowed to continue jant. 1599 NYS2d 7o4)-MikolI, J. P. Appeal from an order of ilre until it is abandoned (see, Zoning Ordinance of the ']'own of Supreme Court (Feldstein, J.), entered lanufu,y 2, 1992 in Ithaca, art VII, 19, 20 [eff Oct. 7, 19541; Town of Ithaca if Essex County, which granted plaintiffs motion loo summary Hull, 174 AD2d 911, 913). Moreover, another use may be judgment.. i substituted provided that the new use is one which would have been permitted in the most restrictively zoned district in the Plaintiff and defentlaut enured into a n R contrail for which the original use was allowed. As for "abandonment", purchase each plaintiffs one-half interest in a pizza business, that cannot be found to have occurred unless there is evidence of which each party owned one-half, for a specified price. of an intent to abandon; mere discontinuance of the noncon- seSubsequently, veral payments after to plaintiff transfer had been accomplished tnxl forming use is insufficient (see, Matter of Marcella u Munroe, of s theveral payments mf had been made under Lhe terms ter 123 AD2d 866, mod on other grounds 69 NY2d 967). Abandon- brought this s breach th of the contract action for . money owi owing g oil t'he ment requires "a voluntary, affirmative, completed act" (City contract. !e i of Binghamton u Car-tell, 275 App Div 457, 460). . Defendant answered and asserted o cmmfmcps of Here, there was no evidence before respondent that the alleging that plaintiff misrepresented the tax co opnL of vacancy of the subject the transaction. Plaintiff moved for summary juudgwment.. De Y o J property during the late 1960s was Pendant opposed the motion claiming, in essence, mutual accompanied by any intent to abandon its use as a commercial mistake. Supreme Court, found that there was no f w1koll issue facility; thus, that period cannot be the basis for a finding of requiring if trial and granted srmnmary ju Ignnent in favor of abandonment. Also noteworthy is the fact that respondent plaintiff. specifically found that 'the applicant has discontinued and abandoned the use of the property as a commercial The order of Supreme Court. should be aflirmod. Irrfendonl business facility for a period it, excess one ' has not presented evidentiary facts entitling her to reforrnn year" (emphasis tion of the contracl on the ground of mutual miO nke (scc. supplied); thus, respondent appears to have rested its decision on the shift in usage occasioned in 1988, when petitioner There Mgt. Corp. u e t t h Quilting Co., s 46 NY2d 211, 219221)1. moved the primary location of his business and began using There is no evidence at plaintiffs assertion flint the Talcs the subject property only for storage. This comports with the price was deductible for tax purposes was anode in bnd fni(h compo It zoning enforcement officer's finding that storage constituted was defendant's obligation to ascertain tile value of plnin an impermissible "industrial" use, and his implication that by tiffs interest independently of plaintiffs opinion rare, ftnilrr utilizing the property in this way petitioner lost his right tb ~Iford u 1]ailey. rr AD2d 729, 730). Defendant's explmralion any previously existing nonconforming use. However, the that she agreed to an overvalued contract price in Lho holiel mere addition of an unpermitted use on a site previously used y that the price wag tax deductible was a rniscnlculntion oo hei for a legal, nonconforming use, without complete cessation if part which is not su~cienl, to invoke reformrnlion of flo, of contract (.see, .supra). Moreover, the contract price is clonrlc the former use, does not effect an abandonment (see, cessation Ithaca o Hull, 174 AD2d 911, 913, supra). Although petitioner i stated and evidence extrinsic to the contract any nnl h.• moved the primary location of his business elsewhere in 1988 considered in interpreting it. lase, Bethlehem Steel Co, F, 'I'm m 1 the record discloses that he continued using at least a portiotr Constr. (.a., 2 NY2d 456, 460). of the subject property for activities that were similar in 1 Yesawich Jr., Crew III mrd Harvey, JJ., concur; ltcrenrr, .I nature, if somewhat diminished in volume or intensity, to not taking part. Ordered lhnl, the order is affirmed. with rata= those he engaged in at that location for approximately nine a 30 Taus-ico RANK Nnw YORK, as Successor to IfrlNiv S, r'n years. Under these circumstances, petitioner's undetnking to SAVrNra HANK, Recpoodc•ot, V RALPIr 11 lhrnrtr. flne~ , i 994 151 MISCELLANEOUS REPORTS, 2d SERIES COIJANS v LONERGAN [151 Mine 2d 91x41 yt erred in its determination and direction that a buildint; p-r LAMES R. COLLINS et al., Petitionerss V WILLIAM R. LoNFRCAN mit be issued for the erection of a large skatebomding rang, JR., et al., Constituting the Zoning Board of Appeals of on residential property in its Guding that the erection of am,li the Town of Lewisboro, et al., Respondents. : a structure was proper as a matter of right, as mr accessolc supreme Court, Westchester County, August 2s, isst use which was customarily incidental to the primnty residl•o tial use of the land under the town Zoning Ordinance HEADNOTE This is a CPLR article 78 proceeding whereby pelitiom•i - - Municipal Corporations - Zoning - Variance - Construction of James R. and Donna C. Collins (Collins), seek o Pulgnr"111 Skateboarding Ramp in Residential Zone which would r%verse., annul and set aside a delerrrriualitm The determination of respondent Zoning Board g Appeals directing thatde by respoilldent, Town of Lewisboro, New Vol If, Zoninn building permit be issued for the erection of a large skateboarding ramp on n ma { Appeals (ZBA). Li this regard, oil .luny 26, 1991, list, residential property without the necessity at ,avariance as a matter of right Board of ; as a permitted recreational use, which WAS "customarily incidental to the ZBA, by a 3 to 2 vote determined, inter alia, I.hal fist, er ocl inn principal permitted use" of a residence under the town zoning ordinance in of & skatebvardittg ramp was A "permitted acreq~orv gl.rm arbitrary and capricious. Respondent property owners failed to make the ture" which was "customarily incidental In the principnl requisite showing that it was customary to have a structure of the kind they residence under the Zoning Oidinfowf, of 1 sought to erect on their property or that such structure was of a kind permitted use" of a which might commonly be expected by w neighborink property owners. The evidence the Town of Lewisboro (Town). In accordance with ilr, decision. before the Board of the erection and use of skateboarding ramps of this sirs the ZBA directed that the Town's Building lnspeclor, cos e flu the town and adjacent communities wse not SU fficienE to demonatrnte spondent Murray Crandell, issue a conditional buihhog, poirlurl their widespread existence, or that Ruch Structures are customarily found Ili to corespondents Charles Fred Yackullc mud Margaret. 11. residential zones and, therefore, file Board's determination wns made with- out a sound basis and reason. ' Yackulic, also known as Margaret Notdey (Vackulic). '11w ZBA's decision was filed with the Town Clerk's office on Jolt- 16, 1991, however, by order of this court dated July I8, )!)!it, - U' RYID REFERENCF9 6 ~ l and by the stipulation of the parties, construction of Ion ( Q isr"g skateboarding ramp was Stayed pending the detprnrivisit ioo nl 169, 255, 289. this proceeding. Land ControlR, 198, Petitioners' primary contentions are that, in reochinp Ild,t vC C ) determination, the ZBA acted in an arbitrary and capticion^ manner and that its determination was not qupported he Resid ~~di~l- ~ substantial evidence. Moreover, petitioners also contend tlyd C Y Residential Area or the ZBA determination was made in violation of lawful pio,", J -ig Rinks; Variances; dure, was affected by an error of law and Clint. ZBA (:ailed It, 1 l( (I perform a duty enjoined upon it by law, acting ill exersq of il,: o- J~~~ ~ jurisdiction. Respondents have denied these allegalsions and contend that the ZBA determination was supported by mil' ~DNSFL stantial evidence. ~~vrs. McGroddy & David- With respect to petitioner's contention that the 7,ItA dnlei for William R. Loner- urination was not supported by "substantial evidenre" (~.[1~ - - - fessica Bacal for Fred ? CPLR 7803 [41), this count's review is limited to n congidcr n tion of whether there is "proof within the whole i eau d of such quality and quantity as to generate the convict -inn in soil OPINION OF THE COURT persuade a fair and detached fact finder that, from that pr on1 J. 2AOi.FV HN:ROLD, J. } as a premise, a conclusion or ultimate fact may he exttacieti i' In a case of first impression, this court holds Clint the C' reasonably-probatively and logically" (sec, 300 Crannrlnn Zoning Bom.d of Appeals of the Town of Iewisboro, New York Ave. Assocs. if State Div. of flanian. RighLa. 45 NV2ld 176. 11t1 11 r Since a determination involving substantial evidence is one of "structure"i which was not a "customary fsiel acco-0 1). nr-"" law, the court may not substitute its own judgment for that of under section 321.4' of the Town Zoning Ordinance. the hearing agency or administrative body (.see, Matter of On April 22, 1991, the Yackulics appealed Cranclell's deter Purdy v Kreisberg, 47 NY2d 354, 358). But such a test does mination to the ZBA, seeking, in the alternative, a vatinneo require a review of the entire record and a determination as under section 321.4 of the code. The ZBA cmlducled open to whether or not there is a "rational basis" in it for the hearings on May 22 and June 26, 1991. Moreover, 7,BA findings of fact supporting the decision of the agency or board members personally visited the proposed site, adjoining prole (see, 300 Granratan Ave. Assocs. v State Div. of Human. Rights, erties and two skateboard sites of similar design located out of supra, at 182; see also, Matter of Pell v Board of Educ., 34 the Town. In addition, the ZBA noted that there was no NY2d 222; Siegel, NY Prae, § 560 [2d ed 1991]). wetlands issue involved in the application and that fur pol Moreover, petitioner's contention that the ZBA's decision poses of the State EnOronmentsl Quality Review Act 11,(11, 8 was "arbitrary and capricious" (see, CPLR 7803 [31) requires 0101 et seq.) the building of the ramp was a type 11 ex"nipt an examination of the record upon which the decision was action for which no environmental impact stat.enrenf was made. In this regard a determination is "arbitrary and capri- needed. Finally the ZBA considered correspondence from local cious" if it is made "without sound basis in reason - " ' citizens both for and against the proposed project. without regard to the facts" (see, Matter of Pell v Board of During the course of its hearings the citizens of the conunu- Educ., supra, at 231). nity, including the Yackulics and Collinses, made known their These two standards require the same analysis by the court, considerations and concerns to the ZBA which included the inasmuch as "[r]ationality is what is reviewed under both the following general topics: Potential noise arising from flip use substantial evidence rule and the arbitrary and enpricious of the ramp and methods to lessen the noise; neighborhood appearances 882). A of and the effect. or lack thereof on )oral property standard" (supra, at 231; see also, Siegel, op. cit., § 561, at 881- values; lighting used for the ramp and its proposed hours of evidence u reviponew wh hichthe the recorZBA d in made its indicates the determisunbat.staniou: substance of the use; safety concerns of the children of the applicants and Licit vid friends; the possibility of increased traffic in the neighborhood The respondent Yackulic's residence is situated on 3.8 acres and evidence that the Yackulics' son would use the rmup to located in a zoned 2-acre residential district (R2A) on Todd practice and perfect his skills in the "sport" of skateboarding Road in Katonah, Town of Lewisboro, New York. Petitioners which was alleged to be of some popularity nationwide. Collins are adjoining property owners. In December of 1990 In its June 26, 1991 determination, the ZBA found, iolri the Yackulics commenced to assemble a large wooden skate- alia, that, based upon the evidence submitted! lbere was no board ramp for erection in the back of their home. The ramp substantive wetlands issue which would prevent the erection is constructed from plywood sheets with a masonite surface. of the ramp; there was no proof Clint the erection of I he raurp The ramp is "L" shaped in configuration and incorporates a - half-pipe type design which allows a skater to descend and 1. Section 720 of the Zoning Ordinance sets forth definitions aid th"r" ascend over the half-arc surface. The ramp's dimensions vary under defines "Structure" as being: "Anything constructed or created, flip from 3 to 4 feet in height, 8 to 12 feet in width and 28 to 36 use of which requires location on or under the ground or ittnehmrnt ti something having location on the ground. 'Structure' inrludes any building feet in length. The skateboard ramp was to be used by the or tennis court but does not include anything less than sixty-four 164) square Yackulics' two teen-age sons and their friends to practice their feet in area and eight (a) feet in height." skills in skateboarding. 2. Section 321.4 of the Zoning Ordinnnce sets forth those us"s whirb nrr permitted as accessory to permitted principal uses, and allowq "r ~ structures cus(nnrarily incidental to any permitted principal oar procid"d Soon after the assembly of the ramp commenced, the Town Building Inspector, corespondent Crandell, informed the Yae- that such accessory use shall not include any activity connnonly conducfed kulics Clint the erection of the ramp would require a building b for gain except as hereinafter excepted or any private wny or wnik giving permit. However, when the application was made, Crandell access such activity." (Emphasis added.) Moreover, section 3 ?,t 4 "f the code pennihs "swwimaming pools and otlrrr nrcecsory recraotinrrnt /iirifi /if irs for denied it on December 14, 1990, stating that the ramp was a 1 the lisp of (.lie residents of the prCrnlaes" (enlpllnsis added). 1 COI,LINS v LONF,RGAN 1161 Misc 2d 9941 998 161 MISCELLANEOUS REPORTS, 2d SERIES In reaching its determination that a skateboarding ramp el would result in a diminution of property values; there is a risk the size and dimensions contemplated was "customarily iuci- of injury to those using the ramp, however the Yackulics dental" as a recreational use, the ZBA reversed the priorities indicated that they would provide insurance and supervision of it9 own Zoning Ordinance. Under Zoning Ordinance of the ramp's use. In this regard, the ZBA found insufficient it is clear that only those recreational uses as are customarily evidence to show that there was any indication of traffic incidental to the principal use are allowed. The Board ten hazards to either motorists or skateboarders; while the evi- coned that inasmuch as skateboarding was recreational it wn, deuce demonstrates that use of the ramp would be noisy, a o permitted accessory recreational use which was cust-omnrily slight design change and the addition of carpeting would incidental to a residence. In this regard the ZBA relied upon significantly reduce the noise. However, or expert evidence the fact that, they lied den presentod with copies of v;mious was adduced as the actual noise level the s of skateboarding magazines and other articles which indicnfod the proposed noise buffers. In this regard, , it was noted oted that the Town has a separate noise ordinance which would apply M that skateboarding clinics were offered in offer jurisdictions to come to the conclusion that skateboardin being n sport, to such concerns any event. Moreover, it was agreed the was recreational in nature and, therefore, a permitted recce applicants and the ZBA that use n the ramp would be limited ational use notwithstanding the "customnrily incidental" ve- to the hours between ter nee and the ere quirement. In this regard the Board slated: "While the nppli Finally, the ZBA determined that the erection the ramp cant's skateboard ramp may be the first in the Town of qualified as the building of a "structure" under section 720 of Lewisboro, it is not the first in the area. Both the quanlity the Zoning Ordinance, inasmuch as its total square footage and quality of the materials submitted by both sides clearly exceeded 64 square feet (see, n 1, supra). Having properly indicate that skateboarding is a widespread and rapidly grow determined that the ramp qualified as a "structure", the ZBA ing sport". Moreover, the ZBA noted the Chairman's opinion then found that the skateboard ramp qualified as a recre- that items such as skateboard ramps may beecrn~ "oostoio- ational use of the property which was customarily incidental y" by a gradual increase in use. to the permitted principal use of the residence. In this regard hr support of its position the 7BA adopted the view that the ZBA noted the proliferation of skateboarding as a "wide- ' "the pivotal test as to whether an accessory use, menr inl it spread and rapidly growing sport" and that. while the ramp use subsidiary to that of the primary use of the property falls determined are other ramps in within the rubric of customarily incidental is not whotlim would be the first in nearby towns . Having ddeetermned that the ramp was custom- other land owners in the municipality are engaged in similar arily incidental to the principal permitted use, the ZBA found i activities but whether such accessory use can be deemed to be that no variance was needed and directed that a conditional normally incidental to the residential use." (See also. 6 Rohmi, building permit be issued.' Zoning and Land Use Controls § 40A.04 131.) With due respect 3. The ZBA imposes the following conditions for the ramp's building to the opinion of the ZBA and the authority cited, such is nolpermit: the law of New York State. The Z,BA, for what it consirlars I. The surface shall be 3/8-inch masonite. compelling reasons, engaged in a legislative function which is 2. All sides and ends of the structure from top surface to grade shall be _ beyond its authority. In this regard, "[i]t is clear that, in the enclosed. 3 The ends of the skateboard ramp shall be insulated on the inside b conduct of a hobby, the scale of its operation may well can.v it by beyond what. is customary or permissible" (.see, Matter- of . ~ installation of insulation bats. Presnell v Leslie, 3 NY2d 384, 387-388; Matter of ] anon(1" r 4. The underside of the skating area shall be carpeted. Antelhi.rt, 115 All2d 650, 651 ~2d Dept 1985]). in 5. exThistiereng shall lighting ng be no fixtures at thdditionale site. fixtures end no additional lumens In determining the application, respondents Yackulic' were . 6. Flours of use shall ll be from 10:00 A.M. to 7:00 P.M. ~ required to present a sufficient showing that it was customar}' 7. There shall be erected a six-foot stockade fence within six feet of both to have structures of the kind they sought to erect on 1.hwi baffle, ends of the ramp e act as a further noise ervis property or that such structure was of a kind which might 9. Sksof a ad launching temp shall be n be supervised b an adult. commonly bp expected by neighboring properly ownerP (^r'~. 9. Sktehoar launchi hing ramps shall not t he used n at the site at any time. 1000 161 MISCELLANEOUS REPORTS, 2d SERIES FACT{ v I of , I rl-,i , 1 Matter of Presnell v Leslie, supra, at 388). In this regard, the In the Matter of MARK W I II proof is clear that no other such structure exists in the Town MARK R. PACE, an 111I:n I of Lewisboro. Moreover, evidence presented to the ZBA indl• + Smoot. !)(wooer, llptaln11 cater that the adjacent Town of Somers does not consider such s r r r I, i skateboard ramps as an accessory use and that, while the Board did observe two similar ramps in the adjacent Town of n, Bedford, their legal status wasn't made clear. It can hardly be gchoola - Stadrnts - I'n,r• •n • 1 said from the evidence presented that one's neighbors might student to Partiripnt,. i„ , expect a structure such as this to be erected. Assuming, Respondent school dish;cl is „i l j arguendo, that respondents and others may sot4day attain 'school student, who lost If ki,l legal proof necessary for a variance for such a use, it is interscholastic I IsP t sfiu nodl f, l i . possible that large skateboard ramps may be "customarily p t tion Law §320an 1111 Innvidr n•. incidental" to homes in Lewisboro. This, however, is not yet that the student's continued t. , r that day. Rafe" avid that Illy ,nedirnl p, •t In sum, the evidence before the ZBA of the erection and use and his parents the henhh ,iFtcr risks and Iega1 emwequpuret fill(, of skateboard ramps of this size in the Town of Lewisboro and '!unity with their son. given s,e b t'- adjacent communities was not sufficient to demonstrate their ;making by those in flip brat p~~•~il widespread existence, much less that such structures are for the court to spcondgupsc tb,• r customarily found in such zones. This failure of proof is fatal (see, Matter of Porianda v Amelkin, supra, at 661). ToTAi. LtP NT-stets, I Thus, the determination of the ZBA that the "structure" n comprising the skateboard ramp was a permitted accessory `Ld, Schools, . t use which is customarily incidental" to the primary residen• Am Jvte 4§' f tial use under its zoning ordinance was both arbitrary and It CLS, Eduent.ion i,nw §:C'c r 1 capricious, inasmuch as it was made without a sound basis ' NY Jun, Schools, Collet, and reason and there was not "substantial evidence" before ANNrr'1'At the ZBA upon which such a conclusion could rationally be ; 300 GramatanAve. See Index to Annnfuli made by the ZBA (see, CPLR 7803 [3], [4J; of Assocs. v State Div. of )Iumart Rights, supra; Matter of Pell v ( Persons; Football; Board of Educ., supra). Accordingly the determination of ZBA dated June 26, 1991 which directed the issuance of a building t npprAttnr permit as of right of respondent Yackulic is ordered annulled Cant 1'un .~nnf hn and vacated forthwith. Finally, it is clear that the ZBA did not reach the merits of Por v flio of r"'1n`rll. I " s!i the Yackulics' alternative request for a variance or to grant ttl irtl,,, such variance. Having found that the ramp was a structure i ntcx U. MuNSrrntnrr . customarily incidental to the permitted use, the ZBA stated P "no variance is required". In fight of this court's decision Under date of .),n,e "!i annulling the ZBA's determination under CPLR 7803 (3),(4), {Janice Pace, have al,pli,••I I petitioner's remaining requests are denied as moot. their 17-year-old son Nino. Petition granted and judgment for petitioner to the extent lactic athletic programs: IV that respondent ZBA's determination of June 26, 1991 is annulled and vacated. b ,n I Marlc It. 1'11,•e iF! y 1 y[~~r iii,, ~yy~~M3~•,^'' 4 fir} i1 ~ ~U~~-=em=u it .9ssi o ~ a3a z y~otH ~ ~ M'•usnld sv 7nri ~J ~ dxlM'b/ d~'y'l! Tip , I ~ M4nvp YNrtitY... arm i~ tT-_ r_.~ .~FH ~ DXa'•gl J44; T 47~saN~ Y" r r , q(y S ff QqHil, F I ~ 'il 61 PI n i i t fr Z m' All l3 u w A EALS BOARD MEMBERS- • suFFO~K Southold Town Hall Gerard P. Goehringer, Chairman 53095 Main Road Serge Doyen P.O. Box 1179 James Dinizio, Jr. T Southold, New York 11971 D"t. Fax (516) 765-1823 i Lydia A. Tortora Telephone (516) 765-1809 Maureen C. Ostermann BOARD OF APPEALS TOWN OF SOUTHOLD March 26, 1997 Patricia C. Moore, Esq. P.O. Box 483 Mattituck, NY 11952 Re: Appl. No. 4401 - Use Variance (DeFriest) Dear Mrs. Moore: Please find attached a copy of the response received today from the Suffolk County Department of Planning which has jurisdiction under the Suffolk County Administrative Code for projects located within 500 feet of a state or county highway, estuaries, creeks of the Peconic Bay area, West Harbor, Fishers Island Sound, Long Island Sound, and its tributaries. Very truly yours, Linda Kowalski Enclosure COUNTY OF SUFFOLK MAR 2 6 (•y9, ROBERT J. GAFFN EV SUFFOLK COUNT' EXECUTIVE STEPHEN M. JONES, A.I.C.P. DEPARTMENT OF PLANNING DIRECTOR OF PLANNING March 24, 1997 Town of Southold Zoning Board of Appeals Applicant: DeFriest, David (a.k.a. Rent-A-Wreck) Municipal File No.: 4401 S.C.P.D. File No.: SD-97-3 Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination as there is no apparent significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Comment: Appears inappropriate as sufficient information has not been submitted to demonstrate compliance with applicable use variance criteria. Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G. Newman Chief Planner GGN:cc C\W WIN60\WPDOCSIZONING%WORKING\LDSWAR\5097-3 MAR 220 RABRO DRIVE ¦ P.O. BOX 6100 • HAUPPAUGE, IONG ISLAND, NY 11788-0099 • (516) 853-5190 • FAX (516) 853-4044 APPEALS BOARD MEMBERS ti Gy Southold Town Hall Gerard P. Goehringer, Chairman c < ; 53095 Main Road Serge Doyen, Jr. v a P.O. Box 1179 James Dinizio, Jr. Southold, New York 11971 Robert A. Villa 'lf0 aO„ Fax (516) 765-1823 Lydia A. Tortora 1 Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Pursuant to 1r``cle XIV of tm Suffolk County Adniz,; strative Code, The Board of A=eals of the Town of Southold, V®a Yogic, hereby refers t'7e follcwi_ng to the Suffolk County Planning Cacmissicn: y Variance from the Zoning Code, Article VIII Section 100-81A Variance from Determination of Southold Town Building Inspector Special Exception, Article Section Special Permit Appeal No: 4401 Applicant: DeFriest David, a/k/a Rent-A-Wreck Location of Affected Land: 73265 Main Road, Greenport, N.Y. County Tax Map Item No.: 1000-54-3-2 Within 500 feet of: Town or Village Boundary Line Body of :Dater (Bay, Sound or Estuary) _ State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Existing or Proposed Right-of-Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or Within One Mile of a Nuclear Power Plant Within One Mile of an Airport Comments: Applicant is requesting permission to conduct a Rental Auto Business poles of Town file and related documeets encioseg for your review. 0 ated: c~~ ,~v 199 Page 5 - Appl. #440 • 1000-45-3-2 (DeFriest Jse Variance) Meeting held March 19, 1997 all the members present (4-0). (Member Ostermann appointed 3/19/97 was absent.) GERARD P. GOEHRINGER, CHAIRM / APPROVED FOR FILING 3/19/97 As an alternative, applicant may apply for a change of zone. Actions. zb/453-2 PLANNING BOARD MEMBERS S tC OG Town Hall, 53095 Main Road RICHARD G. WARD P.O. Box 1179 CD GEORGE RITCHIE LATHAM, JR. N Z Southold, New York 11971 BENNETT ORLOWSKI, JR. 0 Fax (516) 765-3136 WILLIAM J. CREMERS y O~~ Telephone (516) 765-1938 KENNETH L. EDWARDS PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: Gerard P. Goehringer, Chairman, Board of Appeals FROM: Bennett Orlowski, Jr., Chairman -~i- RE: Request for coordination - Rent A Wreck Main Road, Greenport 18 i SCTM# 1000-45-3-2 997 DATE: March 18, 1997 In our previous memo on the above subject, the Planning Board indicated that it would coordinate it's review with the New York State Department of Transportation. An inspection was made of the property on March 14, 1997, by the NYSDOT and planning staff. The Department of Transportation recommended that shoulder restoration, curbing, and a curb would be required for this location. The Planning Board is requiring that a site plan application be filed for this project. The applicant has been notified of this requirement. PLANNING BO MEMBERS Ou ~G~ Town Hall, 53095 Main Road RICHARD G. WARD v :-4'~ P.O. Box 1179 GEORGE RITCHIE LATHAM, JR. Southold, New York 11971 y = J BENNETT ORLOWSKI, JR. T Fax (516) 765-3136 WILLIAM J. CREMERS 'N. ' Telephone (516) 765-1938 KENNETH L. EDWARDSO,( PLANNING BOARD OFFICE TOWN OF SOUTHOLD OR 1 9 March 18, 1997 Patrica Moore Esq. 315 Westphalia Road Mattituck, NY 11952 RE: Rent A Wreck Main Road, Greenport SCTM# 1000-45-3-2 Dear Mrs. Moore, The Planning Board has reviewed your request for a waiver of site plan requirements for the above referenced project. An inspection of the property was made by planning staff and the New York State Dbpartment of Transportation on Friday March 14, 1997. The DOT recommended that shoulder restoration, curbing and a curb cut would be required for this location. The Planning Board requests that a site plan application be filed for this project showing all uses on site. Rental cars be should be located to the rear of the east building to insure safe line-of-sight when entering and exiting. A site plan application is enclosed for your use. v If you have any questions, or require assistance, please contact this office. i ~ Sincerely Bennett Orlowski, Jr. Chairman cc: Edward Forrester, Town Investigator Gerard Goehringer, Chairman, Zoning Board Gary Fish, Building Inspector FOLLOW-UP and UPDATE FOR YOUR RECORD: TO: All ZBA Members FROM: ZBA Chairman via ZBA Office DATE: «h_ ~f 1997 Attached are copies of lL 7nc2~/1 (new information) received in the Matter of the pending Application of Other Comments: Attachment: (1) L / ~/97 Placed in Members' office mail boxes for update Board.Trans 3 7j t j6 FT ci t I` 6 k ' ~•y'~ ' F T von a . ~ ~ wa~71 i I ~ 741 J e Y TO: All ZBA Members FROM: ZBA Office DATE: February 25, 1997 RE: Pending Application of DeFriest (Use Variance) For your review is a copy of the map showing the flagged areas as of 2/18/97 marked by Town Trustee John Holzapel. Pat Moore, Esq., attorney for Dave Defriest has also received a copy of the same map. John Holzapfel would be happy to answer any questions you may have about the wetlands if you wish to contact him further by telephone, in the essence of saving time. t ~ { at . r r tt F , R ~ 1 A Y~'t . * t t' ? 1.:' .,yWF~,~y+/ , x l} ;,~(~k ti1$+(•K o ~1~*'k~~~W w +i , ~.~Y ~ 4 ~ t f n Mr. ; `i ax M~ ~Y.e y~e y•l i t. 2K LLN'1~ 5 Y n •.b A r! 5< r 5Tr ~ t r S d^:. / r i • Y r+` R n a ~`\~'ud. y. rY ~ ~ Yk " 4 f 1 a ' R .fir < 1 { it .1"l ••r ~C 1, e .i.;~ ~.1• a r Will ,u AG ES r w~:i[W` 1 (I 1 n S }iCA'P~ ~4 Yrd Ri(< 41 1 d.'. ti J~© IF• V V I. • R~.4. ' .t'vKf"+3rRntdrlon4Tad<At(t1n. r 1 rl. J Q. e ~ _ b ~ ~ a rn n;i aurryltoWnbtlon i rdl~tadon la W. tr'..rf e" /r1~ _}5 ~ }t~~"?r4T~'t~a Qtoltsot this slleYOtt maD not r!ryd , ~yr+, u+t • \ .1' tt a land aorvtYm a Inkta seal dfi', r ' b aotleldMOd 'r y ! ^ , a , r ' , 10 bensed Id ahek not W - to a id val tn/o ootatr. . rtM 'Nr ( i to It, Indleatad amy to liaison Na S C ,y ha Gann for wlwm dftx vo{ 1a praaand, and en Ida beluH to the f ° ,.r > r ~-M1 !n a me y, va"Mrranml agancv and hr av Institurbn listed horccn ts:] y1.;:• i'i^ P J":. "141~ mil, bnd inatl Mtal+9. v fr . . ID addl. aw;OM ~j r•: R G Z jl~lr~j ORT r,~?z ' ~ Idt , ryiiM`t' 1* A 4 toy.-, 0 =.dttt7.'i I'lgfrni A-All Or wa~a.. (t~~yy~~++ ~+t ~.y ~y ~Y'Y.~y,.5}M~~`/'1~~~} ~Y~~.,~wLt~t~~/ t _ 4? 4 ( ,~1 4 t ~ J /'/1 ''"~I¢r:a W A/Rf I: Y' w.Jl,'" '•T"'~. s, •<'r ^lx e .'!~/f't/'Mit~!t"7~r`.' or NFty v P LG. N A ) f T 'd r r y 0cj6P •i~ tc •S +r ~S ` r 4 m h w.r f ; ,,.•unT i• F- 1 / q;*t 1. i` s l aaA.a'rtA' Y ~`•,~'4 . 1 q', ,."~d f ~ i• O G'C i." ;lit*~Y,K P'~s {(„~J. 1 t:. r,,~y t ,tr .~i ff. #~i14Q+t~sy~.'~ 1RY+{r7~r, aI41'b`S Ct~ yo ry4y d l c t y, ' . ~ l ..i _ y~'~+~. 7 °/d 03256 ~ r s.s k. n v ? i ^C t. 1 1 y." " i ~ ' a' f , ~ "~nNO - 4 ~ ~ r I 6~~•!~~~+~ywS^" s ;L ! L O S'~JI„Cf~ Iyy h r I U^I 1 ~ z~; ~-2 PLANNING BOARD MEMBERS SpFFO(~ N' COp Town Hall, 53095 Main Road RICHARD G. WARD ChairmanA,~ P.O. Box 1179 GEORGE RITCHIE LATHAM, JR. N Z Southold, New York 11971 u~ of BENNETT ORLOWSKI, JR. Fax (516) 765-3136 p WILLIAM J. CREMERS Telephone (516) 765-1938 KENNETH L. EDWARDS PLANNING BOARD OFFICE FEB _ 5199' TOWN OF SOUTHOLD TO: Gerard P. Goehringer, Chairman, Board of Appeals FROM: Bennett Orlowski, Jr., Chairmanaq, RE: Request for Coordination DATE: February 4, 1997 Rent A Wreck / David Defriest Route 25, Greenport SCTM# 1000-45-3-2 The Planning Board has received a waiver request on the above property. The Board has reviewed an "as built" plan and has requested that the applicant move the display of used vehicles and parking to a location in the rear yard of the building. The front yard should be clear of all parked vehicles in order to improve traffic safety for cars entering and exiting the site. This includes keeping the curved driveway cleared of parked and rental cars. The diagonal parking shown on the plan, ( on the east side of the westerly structure), is unsafe: cars will have to back out onto the front yard or Route 25. This parking should be placed to the rear of the west building. The number of rental cars on site should be restricted to that which can be safety maintained without restricting the front yard and fire access to the rear. Handicapped parking could be relocated to the area under the canopy. This Board will coordinate with the New York State Department of Transportation for possible curb cut review and NYSDEC and or Trustees for possible wetland areas. 2 , FEB TRANSCRIPT OF HEARING _ HELD FEBRUARY 6, 1997 _ SOUTHOLD TOWN BOARD OF APPEALS 9:25 p.m. Appl. No. 4401 - DAVID DEFRIEST (as Tenant). (Owners: Mr. and Mrs. Joseph Gnozzo). Request for Variance based upon the June 3, 1996 Building Inspector's Notice of Disapproval under Article Vlll, Section 100-81A, issued on the following grounds: Automobile rental use is not a permitted use in this limited Business (LB) Zone District. Location of Property: 73265 Main Road, NY; County Parcel #1000-45-3-2. Size: 5+- acres. Patricia J. Moore, as Attorney. CHAIRMAN: O.K., we're back to the DeFriest Hearing. PATRICIA MOORE ESQ.: DeFriest? CHAIRMAN: Yes. PATRICIA MOORE ESQ.: Did you open the hearing? CHAIRMAN: Yes. PATRICIA MOORE ESQ.: While we're at the end, we just want to thank you - extend our thanks for your cooperation and patience. It's been a long process. At this point, I think you have the latest draft from East End Drafting and Design which shows the lay-out of the proposed property and I was a recipient of a letter that went from Mr. Orlowski to the Zoning Board today which, I have to thank your office for sending it to me because otherwise I wouldn't have known that that had been issued. I was somewhat disturbed by that letter because I was at the Planning Board Work Session when this came up and we discussed it for all of two seconds and the reaction I got from the Planning Board was that "Until we know there's a use, you know - come back when you're ready". As far as the lay-out of the property, there were typical differences of opinion just as if I were to poll this board, that board was sitting down and saying well, some of them said - well, one of them - and I won't point out who, said "Can't you demolish the building". He said "No, we can't do that" and others said "Well, you know we can accomodate - we'll work it out." So there was not a "go away - don't even come back to us with this". It was more of a "Well, when you know you've got the use, come back. Then we'll discuss the site plan". The way they've written this letter and I called Bob Kassner and I spoke to Mr. Ward today to confirm, you know, that I'm understanding it correctly. They're saying that the only way they'll give us a Waiver of Site Plan is if we agree to these conditions or if we accept their comments as true. We don't accept their comments - we don't believe that they're accurate and, in fact, since the site plan that we submitted was designed, Mr. Willsey has layed out the property in the wav that the site plan is shown and it's been working really well. For the past two months, there has been a very good flow of the property. I've parked there myself when I go to post the property and talk to him. I park in those diagonal spaces and I back out inside the property lines and I pull out and it's a clear entrance and a clear exit and there's no problem at all. So, I think Page 2 - Transcrip Hearings . Regular Meeting of ruary 6, 1997 Southold Town Board of Appeals we're going to have a nice discussion with the Planning Board but, at a later date and I would ask that the Zoning Board consider the use at this point because we're obviously going to be discussing the lay-out of the property and what works and what doesn't. I think I'm going to put a member of the board in my car and show them how it works because when I was there - and I'm no Mario Andretti - it seemed to work for me. CHAIRMAN: You're sure you want to do that, right? You want us to make a decision? PATRICIA MOORE ESQ.: Well, I need to get you guys to make a decision as far as the use, o.k.? As far as the lay-out of the property, the site plan - they're going to tell us where things should go and where things belong and then we'll leave it to them. MEMBER TORTORA: That's where we were at the last hearing. CHAIRMAN: Let's digress here for a minute, o.k.? PATRICIA MOORE ESQ.: Sure. CHAIRMAN: The e:risting house is an office. PATRICIA MOORE ESQ.: Right. CHAIRMAN: Is there anyone living in the house? 3 PATRICIA MOORE ESQ.: He's living... MR. WILLSEY (Tenant): I stay there a couple nights a week. CHAIRMAN: Right, I remember that. O.K. Now, originally in the first hearing we discussed the issue of your renting space to a gentleman who is presently renting there for the cars. That has changed. You are now going to utilize the entire building? MR. WILLSEY (Tenant): Yes. CHAIRMAN: Right, o.k. PATRICIA MOORE ESQ.: Well, if he gets the use he wants to buy the whole property... CHAIRMAN: You want to buy the whole property from - PATRICIA MOORE ESQ.: Right, the property that consists of all those buildings. CHAIRMAN: Presenting leasing as a sublease from Dave DeFriest? PATRICIA Moore Esq.: Right, we'll eliminate all those subleases and ease in there. Page 3 - Transcr f Hearings . Regular Meeting o ebruary 6, 1997 Southold Town Board of Appeals CHAIRMAN: O.K. The planning aspect is up to Planning. The fourth issue is that of the over-all picture of the expert testimony that you had provided for us. Is that correct? PATRICIA MOORE ESQ.: Stype Real Estate? CHAIRMAN: Yes. PATRICIA MOORE ESQ.: Yes. CHAIRMAN: And the pamphlet that he produced. PATRICIA MOORE ESQ.: Yes. CHAIRMAN: And so on and so forth. PATRICIA MOORE ESQ.: Yes. CHAIRMAN: O.K. The last thing I have is the actual line of wetlands - where does it exist, how can we flag it? This is an area that Mrs. Tortora - and I'm taking this from her and I apologize for that but it's an area that became a concern of mine when I was out there last week, o. k. - where do we know when you start, when you stop, when it gets wet, when it doesn't get wet at certain seasonal times of the year? O.K.? We've gone through a full season here and I'm not trying to - I have to get this in my mind to know how much property that you actually have usable because the rental car area that you show ten single spaces appears to project into that area, o.k. And that's where my concern is, alright? MEMBER TORTORA: There was testimony given at one of the hearings - I'm quite sure of this - of how much they estimated as usable land. CHAIRMAN: Yes, they said a half acre. MEMBER TORTORA: Yes. PATRICIA MOORE ESQ.: And Stype actually (Simultaneous discussion) CHAIRMAN: But that doesn't tell me how far you can go in the back. That's where we are. I don't know where the wetlands actually stop. (Simultaneous discussion) CHAIRMAN: Which is the area that you were discussing? MR. WILLSEY (Tenant): About 300 feet. CHAIRMAN: 300 feet from the road? Page 4 - Transcrilf Hearings Regular Meeting o bruary 6, 1997 Southold Town Board of Appeals MR. WILLSEY (Tenant): From the road. CHAIRMAN: O.K., I will measure that before the 25th. MEMBER TORTORA: You're saying it starts about 300 feet from the road? CHAIRMAN: Yes. MEMBER TORTORA: You're saying it starts 300 feet from the road? MR. WILLSE'Y (Tenant): I'm talking about you can go back 300 feet and park. CHAIRMAN: O.K. PATRICIA MOORE ESQ.: Giving these guys credit - when they went out to the property, I did point out - I said listen, you know, use the area that's usable and he was pretty clear that no, you could give him the width of the cars and so on. That's about it. Ten, well five in a row back is about it. And that's the area that he would recommend using. CHAIRMAN: O. K. PATRICIA MOORE ESQ.: After that, you start dealing with slopes that you could fill but I wouldn't recommend that. MR. : Excuse me, Pat - does he have a distance at aIl? PATRICIA MOORE ESQ.: No. It's to scale - I could probably try to figure it out. CHAIRMAN: We keep on playing tag with secretaries here. Could Mr. Wooley please spell his name again? MR. WILLSEY (Tenant): Joseph Willsey. CHAIRMAN: We can get it out of the last hearing. MR. WILLSEY: It's easier this way. PATRICIA MORE ESQ.: Pat's new so she doesn't have the spelling yet. CHAIRMAN: O.K., alright - this is what I plan on doing and this is not a prolonged issue because we're not making a decision. I plan on closing the hearing at our Special Meeting on February 25th. I will, between now and then, go out there and measure it. PATRICIA MOORE ESQ.: O.K. MEMBER TORTORA: Can't we close it tonight? Page 5 - Transcrilf Hearings Regular Meeting of bruary 6, 1997 Southold Town Board of Appeals CHAIRMAN: We can't close it tonight but I want to be able to put that 300 feet in. If there's a change on that when I see you out there, please let me know. O.K.? MR. WILLSEY (Tenant): O.K. CHAIRMAN: And I'm going to place that in the original plan to see where... PATRICIA MOORE ESQ.: I was going to say, if you can mark it on the plan... CHAIRMAN: I'll try. I'm not a surveyor but I'll do the best I can. I don't mean that sarcastically. I'll start with what I construe to be the property line and I'll roll with the wheel 300 feet out. I think I have an almost unobstructed - it doesn't make any difference - I roll to a fixture and go out. O.K.? And I'll make that determination. MEMBER TORTORA: You're going to put it on the map, Jerry? CHAIRMAN: I'm going to put it on the map where 300 feet lies out there and I'll put a stake out there if I have one with me. PATRICIA MOORE ESQ.: That's his estimate - 300 feet. When you're out there - the two of you... CHAIRMAN: If you change on that, let me know because I'm not going out there until the Saturday before the 25th. MEMBER TORTORA: That's his estimate so... PATRICIA MOORE ESQ.: Yes, why don't you - if you could coordinate it because if you could figure out based on what's here - on the drawing - it would make some sense. It would make it easier. (Simultaneous discussion) CHAIRMAN: Maybe the Trustees would go out and do a field inspection for us. Would you ask them? PATRICIA MOORE ESQ.: I can ask them. CHAIRMAN: Our understanding is 300 feet out and that's based upon the applicant. MR. WILLSEY (Tenant) : What I'll do is I'll measure it tomorrow. I'll walk it off to get a closer idea and call Pat and she can call you? CHAIRMAN: Yes, I'm not going to be here for a week but... PATRICIA MOORE ESQ.: I won't either. CHAIRMAN: Yes, o.k., but we're two weeks away here. O.K., so then if I can take a line from that particular point across - from Page 6 - Transcri of Hearings Regular Meeting o, ebruary 6, 1997 Southold Town Board of Appeals that point - because it may be closer - then we can say that "Yes, we have x, y, z amount of usable area". At this point it's still hypothetical. It's a hypothesis - we don't know. MEMBER TCRTORA: The only thing is I personally would feel better if the Trustees would flag it... CHAIRMAN: She's going to ask them. PATRICIA MOORE ESQ.: I'm going to ask them. I can't force them to do it. CHAIRMAN: I'm still measuring. I don't care if they do it or they don't. PATRICIA MOORE ESQ.: I would also - something that's obvious but if you recall the original proposal that Mr. DeFriest put in versus what we've designed, we've scaled back tremendously what is being requested. He's really designed to work for his business but without really over-using the property so keep that in mind. Thanks. This letter - I wish I could take credit for it because it's really very well done but I can't - I didn't write it. There are - how many? MR. WILLSEY (Tenant): There was a hundred but some of them got lost. PATRICIA MOORE ESQ.: O.K. There are about one hundred letters in support of this application. All of them based on one letter - really, it's the first client that he had that wrote this letter without any prompting for support. MR. WILLSE:C (Tenant): A copy was sent to the Board. CHAIRMAN: Right. PATRICIA MOORE ESQ.: And one of these on the top has some extra hand-written comments so I just want to show the Board that this is a very valuable business to the area. CHAIRMAN: I just want to ask Mr. Willsey an off-the-cuff question - I happened to tour - not physically tour but I happened to drive into your site in Coram and you've got a lot of cars. How many cars do you have on site at that one? MR. WILLSE:C (Tenant): About 300. CHAIRMAN: I estimated 400 so I was 100 off. PATRICIA MOORE ESQ.: That's not ever going to be done here. I can assure you that. MR. WILLSEY (Tenant) : It would be impossible to do. I've got a lot of room there. Page 7 - Transcrif Hearings Regular Meeting o bruary 6, 1997 Southold Town Board of Appeals CHAIRMAN: My relatives are from the Port Jefferson/Mt. Sinai area so I just happened to zip by there one day and said "That looks familiar". MR. WILLSEY (Tenant): Same type of sign. CHAIRMAN: O.K., thank you. Is there anything else you'd like to wrap up with Mrs. Moore? PATRICIA MOORE ESQ.: No, I have an Affidavit of Posting. I think I've posted five times now. Again, we'd just like to thank you for your patience with us. It's been a long application and we've given you a lot of information and I just hope that, after all this, we can proceed with the next step which is going to be discussing the site plan with the Planning Board. That's all. Thank you. CHAIRMAN: Thank you. Are you going to give us that affidavit? PATRICIA MOORE ESQ.: Yes, I'm going to give it to you right now. CHAIRMAN: Hearing no further comment, I'll make a motion recessing the hearing until the Special Meeting at which time... MEMBER TORTORA: Are you going to recess it or close it, Jerry? CHAIRMAN: I'm going to recess it until February 25th at which time I will put into the record and, hopefully, by that time the Trustees will at least look at those areas. My suggestion, Mr. Willsey - post that 300 ft. mark on both sides of that building - the big building - so you can tell them that that's the area that you estimate that you want to utilize and they will tell you if there's anything... MR. WILLSEY (Tenant): That property goes back at a funny angle - it gets wider as it goes back. CHAIRMAN: Whatever two places you can do to show some sort of parallel line going across. I don't care where it is. Just make sure that you put it in with a stake that's strong enough to withstand a little snow or whatever - like one of the stakes that they use on the highway - the five quarter stakes made out of something solid so it stays there. Now is the time to do it. O.K. I know it's winter time. MR. WILLSEY (Tenant): The ground is soft. PATRICIA MOORE ESQ.: I assume that you have no more questions of Mr. Stype? CHAIRMAN: He's not here. If something changes between now and the 25th, we'll let you know. Alright? PATRICIA MOORE ESQ.: O.K. l (Chairman was then asked if there was a second to the motion.) Page 8 - Transcrif Hearings Regular Meeting o bruary 6, 1997 Southold Town Board of Appeals CHAIRMAN: I think they're still pondering it. Again I offer the resolution to recess it for the purpose of closure on February 25th. (The motion was seconded by Member Dinizio.) CHAIRMAN: All in favor? (All ayes) CHAIRMAN: Thank you. PATRICIA MOORE ESQ.: Thank you. 1 ~ 1 1 Real Estate AbDraiSal Reg i s By, 1 Patricia C. Moore - Attorney at Law for: Rent A Wreck c/o Dave Defriest 1 roper y Owned By- Joseph Gnozzo 1 Property LQ a ion 1 73265 Main Road, Greenport, NY 11944 1 1 Andrew D. Stype SRA 1 Indicated Val 1 $ 120,000. w/car rental business $ 100,000. without car rental business 1 As Of: 1 11/7/96 1 I 1 1 Stype Brothers Real Estate, Inc. ' 12985 MAIN ROAD, P.O. BOX 63, MATTITUCK, NEW YORK 11952 (516) 298-8760 FAX (516) 298-5779 1 t 11/11/96 1 Patricia C. Moore - Attorney at Law ' 315 Westphalia Road - P.O. Box 483 Mattituck, NY 11952 ' Re:Rent A Wreck, Main Road, Greenport, NY 11944 Dear Pat: ' In accordance with your request I am submitting a real estate appraisal regarding market valuation for Rent A ' Wreck, Main Road, Greenport, NY. The instructions are to indicate current fair market value and highest and best use for the subject property with ' consideration for the current uses compared to the zoning potential uses. ' The appraisal is effective the inspection date of 11/7/96. ' This appraisal is a self-contained report and prepared in accordance with the Uniform Standards of Professional Appraisal Practice and the Appraisal Foundation. ' Upon consideration for the three approaches to value and current market trends, the subject would indicate a fair ' market value of: 1) $120,000. with the car rental business ' 2) $100,000. without the car rental business Thank you, please let me know if I be of further ' assistance. t r , ' ADS:rm r w S e SRA 1 "'~~~LLL ' Table of Contents ' Transmittal Page face Part 1. A. Summary 01 B. Purpose of Appraisal 02 C. Definition Interest Appraised 03 ' D. Function of Appraisal 04 E. Use and Scope 04 F. Appraisal Problem 05 ' G. Brief History of Suffolk 06 H. Township & Neighborhood 07-11 I. Economic Trends 12 ' J. Ownership 12 K. Occupancy 12 L. Sales History 12 ' Part 2. ' A. Description of Buildings 13 A. Description of Site 13 B. Zoning 14 C. Taxes 14 ' D. Highest & Best Use 15,16 E. Valuation Process 17 F. Three Approaches to Value 18 ' G. The Income Approach 19,20 H. Final Reconciliation 21 ' Part 3. A&B. Assumptions & ' Limiting Conditions 22,23 Part 4. ' Subject Pictures 24,25 Subject Hagstrom Map 26 Subject Tax Map 27 ' Subject Survey 28 Appraiser Certification 29 Appraiser Qualification 30-33 1 Part 1. A. ' Summary of Salient Facts and Conclusions ' Property Rights Appraised Fee Simple Type of Property Commercial 1 Location 73265 Main Road, Greenport, NY 11944 ' SCTM 1000-45-3-2 ' Reputed Owners Joseph Gnozzo - owner Dave Defriest - tenant ' Zoning Limited Business ' Highest & Best Use Current Use ' Buildings 1)Masonry - 2,400 sq.' 2)Frame - 1,034 sq.' 3)Shed - 189 sq.' 1 Site 5.125 acres 1 Indicated Value $ 120,000. w/car rental ' $ 100,000. w/o car rental 1 1 01 1 1 ' Part 1. B. ' Purpose of the Appraisal ' This appraisal is made for the purpose of arriving at an opinion as to the indicated fair market value of the subject property for its highest and best value, if offered for sale on the open market under conditions prevailing as of 11/11/96, and is based on a physical inspection, including zoning, utility, location, topography, present and ' potential use and market data. 1 1 1 1 t 02 ' Par I . Definition o Market Val and Interest Appraised Market value means the most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby; 1) Buyer and seller are typically motivated; 2) Both parties are well informed ' or well advised, and acting in what they consider their own best interests; 3) A reasonable time is allowed for exposure in the open market; 4) Payment is made in terms of cash in U.S. dollars ' or in terms of financial arrangements comparable thereto; 5) The price represents normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. ' The interests to be appraised are fee simple. 1 t 03 ' Part 1. t D. Function o h Appraisal To establish a potential market value for the subject property herein described as of 11/07/96. ' E. Use and Scope of the Appraisal ' This appraisal will be used by the client for internal personal and business use. The scope of my appraisal includes: 1) extensive research of the market; 2) collection and confirmation of the indicated data; 3) analysis of all data to arrive at an appropriate value estimate; 4) reporting my conclusions in a logical method. 1 1 1 1 04 1 ' Part I F. ' Appraisal Problem ' The appraisal problem is to indicate current fair market of the subject property in fee simple with the current uses. There is a car repair business in the masonry building and a car rental business from the frame office ' which requires a use variance change - it is not a stipulated permitted use by current zoning. The instructions are to indicate the difference in value for the entire ' parcel with improvements, with and without the car rental business. All three approaches to value will be examined and the ' highest and best use will be examined to determine the difference in value for the entire parcel with and without the car rental business. 1 1 1 1 1 05 1 1 ' Part 1. G. A Brief History of S i ofk County ' Suffolk County has been profoundly influenced by its proximity to New England and New York City, and by the sea ' which defines its borders on three sides. Occupying the eastern two-thirds of Long Island, which juts 120 miles into the Atlantic Ocean, the county covers ' over 900 square miles of territory, the north borders on Long Island Sound. It is 86 miles long and 20 miles at its widest point. The weather is temperate, the water abundant ' and the soil good. From the beginning there has existed a variety of conditions which have made this land for all manner of living things. ' The first small bands of settlers came from the New York and Connecticut areas. Dutch villagers sprang up on the western end of Long Island; English settlements in Suffolk. A power struggle between England and the Netherlands was settled in 1650 with a north-south line, an international boundary, dividing existing colonies in New England and Long Island. On Long Island the line ran approximately where the ' western border of Suffolk County now exists. Suffolk was English territory. Settlements of the period included Gardiner's Island, Southold, Southampton, Shelter Island, ' East Hampton and Huntington. Suffolk County is now a major industrial and business area. The average household size is approximately 3 persons. ' The mean household income is approximately $ 55,000. The unemployment rate is approximately 6% - these figures taken from Lilco 1990. It is serviced by adequate public ' transportation offering a major airport, highways and rail service. The county has a population of approximately 1.4 million residents with that figure swelling substantially in ' the summer months. 1 ' 06 1 ' Part 1. H. Neighborhood Analysis A Bri History o h Town o Southold & Village of ' Greenpor & Orient The Town of Southold was settled in 1640 with the lands ' purchased subsequently from the Indians a little at a time. By 1646 the final borders were established as they exist today. Southold Town adjoins the Town of Riverhead on its west ' border. The north border fronts on Long Island Sound, the south border on Great Peconic Bay and the eastern most point - Orient borders on Plum Gut. The current population year- round is 21,858. This figure swells nearly triple during the summer months. There are three major school districts, volunteer fire departments. The major industries are farming ' and fishing. The current unemployment rate is approximately 60. The Village of Greenport was incorporated in 1838. It ' is a well known former deep sea whaling and current fishing port. Greenport borders to the north on Long Island Sound and to the south on Great Peconic Bay. There is a ' elementary, junior and senior school system. Volunteer fire department. Eastern Long Island Hospital - a 80 bed health facility is located in Greenport Village. Major industries are fishing and private business. The unemployment rate is ' 5.6%. The population is 2,462 year-round in Greenport Village, this figure swells in the summer months. 1 1 t 1 07 1 ' NUMBER OF HOUSEHOLDS Between 1970 and 1980, the number of Nassau-Suffolk households increased by 16.1 percent from 696,643 to 809,120. In contrast, between 1980 and 1990 there was ' an increase of just 46,094 households. or 5.7 percent. The estimated increase over the 1990 Census at January 1, 1993 totals 8,256 households or 1 percent. ' Nassau County leads Suffolk County in the number of year-round households by a margin of about 2,000. Suffolk though, has a greater number of persons residing in households. During the summer months though, Suffolk with the large number of ' seasonal housing, has the greater number. Year-Round Households ' by Major Municipality ' Nassau County 1980 Census 1990 Census 1993 Estimate North Hempstead 74,035 74,587 74,987 Hempstead 235,501 239,294 240,033 ' Long Beach City 13,227 13,592 13,778 Oyster Bay 92,445 95,576 95,913 Glen Cove City 8,193 8,466 8,504 ' Total 423,401 431,515 433,215 Suffolk County ' Huntington 60,142 62,841 63,334 Babylon 61,097 64,506 65,204 Islip 84,881 89,726 90,829 Smithtown 31,986 35,565 36,129 Brookhaven 109,266 129,137 132,107 Riverhead 7,492 8,736 8,879 Southampton 16,747 18,164 18,510 ' Southold 7,461 8,125 8,252 East Hampton 5,760 6,882 6,988 Shelter Island 887 1,017 1,023 ' Total 385,719 424,699 431,255 Nassau-Suffolk Total 809,120 856,214 864,470 t Queens County Rockaway Peninsula 32,553 34,005 34,240 1 ' 08 t 1 i ' HOUSEHOLD SIZE ' On January 1, 1993, the average household size in the Nassau-Suffolk area is estimated to be 2.96,.03 less than the 2.99 persons per household reported for the bi-county area by the 1990 U.S. Census. This figure is still substantially above the national average, which was 2.63 in 1990. While the average size of households has declined in both counties, the number of ' households has continued to increase. Both the decrease in household size, and the increase in the number of households are attributed in part to the growing number of one person households. According to the Census Bureau the number of Nassau-Suffolk single person households has more than doubled since 1970. In 1970 there were 65,696 households in this catagory, in 1980 112,567 were reported, and 1990 revealed 141,640 one person households. The number of retirement housing units such as those ' found in Leisure Village and similar complexes also contribute to a smaller overall household size. It does so by retaining population with a smaller average household size that might otherwise be lost to other areas of the State or Country. Another ' contributing factor to smaller household sizes has been the long term trend of fewer children per family. ' Estimated Average Household Size by Major Municipality t 1980 Census 1990 Census 1993 Estimate Nassau County 3.08 2.94 2.92 ' North Hempstead 2.93 2.80 2.79 Hempstead 3.10 2.99 2.97 Long Beach City 2.39 2.35 2.35 Oyster Bay 3.26 3.01 2.97 Glen Cove City 2.94 2.78 2.76 ' Suffolk County 3.25 3.04 3.01 Huntington 3.28 3.00 2.96 ' Babylon 3.29 3.10 3.07 Islip 3.42 3.26 3.25 Smithtown 3.53 3.10 3.04 Brookhaven 3.26 3.07 3.05 ' Riverhead 2.62 2.55 2.54 Southampton 2.51 2.41 2.39 Southold 2.54 2.42 2.40 ' East Hampton 2.41 2.32 2.31 Shelter Island 2.31 2.23 2.21 Queens County ' Rockaway Peninsula 3.02 2.88 2.87 ' 09 1 ' AGE OF HOUSING UNITS t ' Period of Construction Nassau County Suffolk County ' Year Structure Built Number Percent Number Percent 1989-March 1990 1,832 0.4% 6,039 1.3% ' 1985- 1988 9,189 2.1% 30,705 6.4% 1980- 1984 9,933 2.2% 23,181 4.8% 1970-1979 25,050 5.6% 98,944 20.6% ' 1960-1969 62,461 14.0% 127,509 26.5% 1950- 1959 159,849 35.8% 105,721 22.0% 1940- 1949 83,055 18.6% 32,699 6.8% 1939 or earlier 94,923 21.3% 56,519 11.7% ' Median Year of Construction by Major Municipality ' Major Municipality Year Nassau County 1953 ' North Hempstead Town 1951 Hempstead Town 1951 Long Beach City 1955 ' Oyster Bay Town 1956 Glen Cove City 1955 ' Suffolk County 1964 Huntington Town 1959 Babylon Town 1959 ' Islip Town 1962 Smithtown Town 1965 Brookhaven Town 1969 ' Riverhead Town 1964 Southampton Town 1966 Southold Town 1960 East Hampton Town 1971 ' Shelter Island Town 1963 ' Source: 1990 U.S. Census 10 ' Distribution of Household Income in 1989 ' Numbers of Households by Major Municipality Nassau Count ' North Glen Cove Hempstead Long Beach Hempstead Oystuer Bay Cit Lower Limit City Town y ' 1,215 24,515 2,475 6,959 7,616 $0 $15,000 1,498 34,661 2,286 9,384 11,037 ' $30,000 1,682 39,697 2,518 10,518 14,472 $45,000 1,085 41,020 2,004 10,120 15,271 $60,000 930 32,425 1,547 8,989 13,858 $75,000 956 33,066 11338 9,646 15,081 7,714 416 16,333 665 6,385 $100,000 $125,000 206 7,034 231 3,391 3,528 $150,000 429 10,516 447 9,059 6,925 Median $42,982 $52,286 $41,495 $60,320z "I $5ok Mean $61,409 $62,934 $50,786 $86,331 $74,453 t Suffolk Count ' Huntington Babylon Isslip, Smithtown Brookhav Town en Lower Limit Town Town $0 5,068 7,424 8,596 2,738 15,486 4,038 20,797 $15,000 7,181 10,158 12,987 4,941 25,767 $30,000 9,245 12,521 17,256 25,500 $45,000 9,557 12,214 17,624 5,973 17,747 $60,000 8,249 9,307 13,357 5,744 14,291 $75,000 10,140 7,691 11,641 6,176 5,786 5,689 3,075 4,723 3,066 $100,000 $125,000 2,863 1,132 1,584 1,242 1,992 t $150,000 4,858 915 1,799 1,532 1,970 Median $60,530 $47,074 $50,212 $60,068 $46,339 ' Mean $75,090 $52,135 $55,504 $68,184 $51,257 Riverhead Southampton Southold EastT Town ShelTownter ' Lower Limit Town Tnw^ $0 1,935 3,476 1,534 1,108 146 $15,000 2,029 3,790 1,843 1,444 222 216 1,390 3,510 1,734 1,344 $30,000 2,627 1,174 970 163 $45,000 1, 819 636 81 $75$60,,000000 7 7 642 78 78 1 1,223 603 464 84 ' $100,000 305 53 531 1 199 306 28 189 24 $125,000 76 388 66 ' 73 756 204 381 $150,000 51 fvsm~ mss,. Median $32,655 $36,859 $35,392 $40,063 Mean $40,613 $51,261 $45,806 $56,352 $55,214 3 Source: 1990 U.S. Census Part 1. I. ' Economic Trends ' The beginning of 1984 indicated a increase in market activity. More buyers entered the marketplace and prices began to increase due to a lack of listings. This trend ' escalated real estate prices each year to the end of 1986. In the early part of 1987 we witnessed a peak in real estate market activity and prices. In 1988 thru 1990 we have seen a down trend in real ' estate market value mainly due to a oversupply of listings, lack of motivated sellers, few buyers and poor economic conditions. ' The end of 1990 and the early part of 1991 had indicated a bottoming out of prices and a slight increase in market activity. The early part of 1992 to the current time has continued to indicate more market activity mainly due to more realistic pricing of sellers and a increase of buyer interest. In 1993 the East End of Long Island generated its ' most sales since 1988. A combination of low bank interest rates and motivated sellers were the major reasons. 1994 was similar. ' In 1995 and early 1996 market activity is currently rated as good for low priced homes and homesites and fair for other price ranges depending on the offering prices. Vacant acreage and farms have indicated a increase in number of ' sales. Commercial properties currently have a similar trend based on asking prices. The overall marketplace is currently rated as "buyer's market" but appears to have bottomed out ' and will improve. J. Ownership According to records available through the Suffolk ' County Real Property Tax rolls for the Town of Southold, ownership is recorded as follows: ' Joseph & Mary Gnozzo K. Occupancy ' The subject is currently occupied as car repair, car rental and dwelling. L. Sales History of h Subject ' The subject has been in the same family ownership since 4/6/83, liber 934, page 333. ' 12 ' Part 2. ' A. Description o h Building and Site ' Building 41 is a one story masonry building constructed of cement blocks. There is a metal roof, cement floor. The building is heated with oil hot air. The building is approximately 40 years old and is in fair condition, it ' is in need of exterior painting and minor carpentry work. The building measures 40' x 60'. The building pays rent of $ 500. a month and pays for heat and light utilities. ' Building #2 is a frame, one story dwelling/office built approximately 50 years ago and is in fair condition, in need of interior painting, modernization to the bathroom and kitchen. The building as 1,034 sq.' of living area. The exterior has asbestos shingle siding, asphalt shingle roof, aluminum gutters, wood windows. The interior has wood panel ' and sheetrock walls/ceilings. The building is heated with oil hot water. There is a office room, two full bathrooms with linoleum floor. Living room/kitchen with range and ' refrigerator, there is a small den and one bedroom. There is a enclosed porch/shop area. There is a 1/2 basement 5 1/2' high with cement block walls and cement floor, the remaining 1/2 is crawl space with dirt floor. The wiring and plumbing ' appear to be adequate. There is a inside trap door entrance. Building #3 is a 9' x 21' cement block shed. It is in fair condition and used for storage. ' S_ita ' The site is 5.125 acres according to a survey from Van Tuyl. Approximately 4 1/2 acres appear to be wetlands and unbuildable. There is a blacktop parking area in the front. The roadfront is 147' total. The public utilities are electric, telephone, town water and private cesspools. Route ' 25 is a major, well traveled macadam road, publicly maintained, there are street lights and storm drains. The subject is located in a predominately commercial area. There are a few dwellings scattered along Rte. 25. ' There is limited business LB zoning to the west. Light industrial LI to the south and B - business to the east. Most parcels are heavy commercial use such as awning ' manufacturing/repair, gas station, bus company, lumber yard and restaurant. ' 13 t 1 Part 2. B. Zoning ' The subject is currently zoned Limited Business. The ' purpose is to accommodate limited business activity along highway corridors that is consistent with the rural and historic character of surrounding areas and uses. ' The uses permitted are: residential, retail such as antique - custom workshop - wholesale, retail accessory storage of garden materials - libraries, professional and business offices, funeral homes, restaurants, personal service stores, repair shops for household appliances, wholesale and warehousing, retail uses supplemental to ' service business establishment. The minimum requirements for the site are as follows: ' - 80,000. sq.' lot size ' - 175' width - 250' depth ' - 60' front yard - 45' both side yards 1 C. Taxes According to the Town of Southold, the current annual ' taxes and assessed value for 1995-1996 are as follows: Taxes $ 4,367.65 1 Assessed Value 1600/6300 total The annual taxes appear to be typical for the area. t 14 Part 2. D. Highest and Best Use of the Subject Property ' Highest & Best Use is defined as: ' - The reasonable and probable use that supports the highest present value of vacant land or improved property, as defined as of the date of the appraisal. 1 - The reasonably probable and legal use of land or sites as though vacant, found to be physically possible, appropriately ' supported, financially feasible, and that results in the highest present land use. t - There are four stages of analysis: 1) Physically Possible Use t 2) Permissible Use (legal) 3) Financially Feasible Use ' 4) Maximally Productive Use The subject property is very limited for the lot size. The 5 acre parcel is mostly wetlands and not considered ' buildable without a lengthy and difficult application process. The current buildings are built close to the road and in all probability result in the most building area to be ' built in the upland area. The current buildings have a certificate of occupancy. The subject would not be a prime candidate for subdivision ' due to the wetlands. The frame building appears to have less than the current zoning requiring a front setback of 60' from Rte. 25. The subject is very compatible with the immediate ' area concentration of predominately commercial zoning and uses. The subject would benefit from a zoning change from the current Limited Business to a heavier commercial use such as B - Business which is located near the subject. The most financially feasible use would be the car rental business. The buildings are basic structures to have been used for car repair\gas station uses. The car rental ' business currently pays monthly rent of $ 1,000. The car repair building pays $ 500. a month. t 15 1 1 Highest and Best Use - continued ' The current zoning permitted uses such as antique store, offices, retail use would require a major renovation to accommodate such business. The frame building is very small - approximately 1,000 sq.'. Even after a major renovation, the small size would not allow much room to properly operate a business. The car rental business does most of its business ' outside where the rental cars are stored. Very little improvements need to be made to operate - their only inside need is a small office area. ' The highest return would be generated from the car repair business and the car rental business. The combined rents are approximately $ 1,500. per month. A office or ' retail use may generate a monthly rental of $ 500. to $ 750. per month and only after major renovation cost. If the higher rent is used, the office/retail rent may therefore generate a ' total monthly rent (with the car repair's $ 500.) of $ 1,250. The other uses would not be considered feasible or would not generate substantial income 1 16 ' Part 2. E. Valuation Process The valuation process is an orderly logical and concise ' method of reaching an estimate of value. The major steps include: 1) Definition of the valuation problem 1 2) Preliminary study ' 3) Data collection and analysis 4) Application of the three approaches ' 5) Reconciliation of value indications ' 6) Final estimate of value Following this procedure assists the appraiser in ' reaching a sound value conclusion. During the process the appraiser is guided by his knowledge of real estate economics and conditions existing in the subject market. All available information concerning the subject property is considered in ' relationship to economic principles and of the three approaches which will provide the most accurate indicator of defined value. These value indications are reconciled by the ' appraiser and the final valuation indication is estimated. In the case of the subject property, the appraiser has relied on the market data sales approach & the cost approach. ' These approaches take the reaction of investors into consideration and available data has been reconciled for dissimilarities from other properties during the comparison ' process and derived a final estimate value. The income approach will be reviewed from the limited data available. 1 1 1 17 t 1 Part 2. F. 1 Indicated Value by the Cost Approach ' The Cost Approach is that approach in the appraisal analysis which is based on the supposition that the informed ' purchaser would pay no more than the cost of producing a substitute property with the same utility as the subject property. It is in this appraiser's opinion the Cost Approach is not considered a fair indicator of value due to the instructions to determine value comparing different uses. The cost approach will determine value of the improvements, ' not the type of use. ' Indicated Val by h Income Approach The Income Approach is that approach which converts ' anticipated benefits to be derived from the ownership of property into a value estimate widely used in appraising income producing properties. The Income Approach is considered a valid indicator of currently due to the current rental income and will be used to determine the difference in value for the car rental business and the highest rent from the permitted zoning ' uses. ' Indicated Value by The Market Data al Comparison Approach The market was searched for property sales in the Town ' of Southold which are similar to the subject. Recent sales of property that are most similar to the subject property have been considered in the market ' analysis. The analysis includes a dollar adjustment reflecting market reaction to those items of significant variation ' between the subject and comparable properties. If a significant item in the comparable property is superior to, or more favorable than, the subject property, a minus adjustment is made, thus reducing the indicated ' value of the subject. If a significant item in the comparable is inferior to, or less favorable than, the subject property, a plus adjustment is made, thus ' increasing the indicated value of the subject. The market data approach will not be used due to the lack of similar sales comparing difference uses. 1 18 1 1 Part . ' The Income Approach ' The income approach will be used to determine the difference in value for 1) value in fee simple with the current car rental business and 2) value in fee simple without the car rental business and considering the highest ' potential income of the permitted uses. The approach used will be the direct capitalization approach which will examine the income and expense figures ' for one year. The net income will be divided by the capitalization rate to indicate fair market value. The heat and light bills are normally paid by the tenant. The cap ' rate is .085 and normally ranges from .08 to .10. D Value with the car rental business ' Income Gross Income 1996 Car repair $ 500. x 12 = $ 6,000. Car rental 1,000. x 12 = 12,000. ' Total Gross Income $ 18,000. less: vacancy -5% - 900. Total Adjusted Income $ 17,200. ' Expenses Insurance $ 1,600. Real Estate Taxes 4,367. Misc. 1.000. ' Total Expenses $ 6,967. ' Net Income $ 10,233. Net Income Capitalization Rate = value 1 $ 10,233. .085 = $ 120,388. 1 $ 120,388. round off to: ' $ 120,000. Market Value With Car Rental Business 19 1 ' Part 2. G. Income approach - continued ' The current rent in the Greenport area is currently $ 8. to $ 10. a square foot of area for office and retail ' use. This figure was substantiated with local brokers and rentors. The rent indicated for the subject's frame building is 1,000. sq.' x $ 10. = $ 10,000. annual rent. The higher figure was chosen to represent the highest potential income. ' Most businesses would need to make repairs but this will not be factored in. t 2)Value without car rental business Income ' Gross Income 1996 Frame building $ 833. x 12 = $ 10,000. ' Car repair 500. x 12 = 6,000, Total Gross Income $ 16,000. ' less: vacancy -5$ - 800. ' Total Adjusted Income $ 15,200. F. X~_Tl$P$ ' Insurance $ 1,600. Real Estate Tax 4,367. Misc. 1,000, ' Total Expenses $ 6,967. ' Net Income $ 8,233. Net Income t Capitalization Rate = value $ 8,233. ' .085 = $ 96,859. $ 96,859. round off to: $ 100,000. Market Value t Without Car Rental Business ' 20 1 Part 2. H. 1 The Final Reconciliation t The three approaches to value were examined to ' determine the best indicator of value for the subject property with and without the car rental business. The cost approach was reviewed and it was determined the cost of improvements has very little significance in determining the value differences between types of use. A greater cost does not always reflect a greater net return. The market data approach was reviewed and it was ' determined the market does not clearly indicate the differences in type of use. There were no recent sales of car rental property similar to the subject. ' The income approach is the best indicator of the difference in use values. The income approach directly relates income to value. The current marketplace offers ' ample data regarding income for different types of businesses and buildings. The income generated by the car rental business is far superior to the other uses allowed by the zoning permitted uses. The subject's current building size and condition does not offer enough to the typical office and retail store to generate ample potential income. The final valuation is as follows: ' 1) Value with car rental business $ 120,000. ' 2) Value without car rental business 100,000. Difference in Value $ 20,000. ' Respec u QSty-N' itted, L ' Few D. RA 21 Part 3. A&B. Statement of Basic Assumptions & Limitations Assumptions & Limiting Conditions ' 1. The appraiser will not be required to give testimony or ' appear in court because of having made this appraisal, unless arrangements have been previously made therefor. 2. Possession of this report, or a copy therefor, does not ' carry with it the right of publication. It may not be used for any purpose by any person other than the party to whom it is addressed, without the written consent of the appraiser; ' and in any event, only with proper written qualification, and only in its entirety. ' 3. The distribution of the total valuation in this report between land, and improvements, applies only under the reported highest and best use of the property. The ' allocations of value for land and improvements must not be used in conjunction with any other appraisal, and are invalid if so used. ' 4. Neither all nor any part of the contents of this report, or copy thereof, shall be conveyed to the public through ' advertising, public relations, news, sales, or any other media, without the written consent and approval of the appraiser. Nor shall the appraiser, firm, or professional organization of which the appraiser is a member be identified ' without written consent of the appraiser. 5. The legal description used in this report is assumed to be ' correct. 6. No survey of the property has been made by the appraiser, ' and no responsibility is assumed, and no responsibility is assumed in connection with such matters. Sketches in this report are included only to assist the reader in visualizing ' the property. 7. No responsibility is assumed for matters of a legal nature ' effecting title to the property, nor is an opinion of title rendered. The title is assumed to be good and marketable. 8. Information furnished by others is assumed to be true, ' correct, and reliable. A reasonable effort has been made to verify such information; however, no responsibility for its accuracy is assumed by the appraiser. 22 1 ' Part 3. continued t 9. All mortgages, liens, encumbrances, leases, and servitudes have been disregarded, unless so specified, within the ' report. The property is appraised as though under responsible ownership and competent management 10. It is assumed that there are no hidden or unapparent ' conditions of the property, subsoil, or structures, which would render it more or less valuable. No responsibility is assumed for such conditions or for engineering which may be ' required to discover such factors. 11. It is assumed that there is full compliance with all ' applicable regulations and laws, unless non-compliance is stated, defined, and considered in this appraisal report. ' 12. It is assumed that all applicable zoning and use regulations and restrictions have been complied with, unless a non-conformity has been stated, defined and considered in ' the appraisal report. 13. It is assumed that all required licenses, consents, or other legislative or administrative authority from any local, ' state or national governmental or private entity or organization have been, or can be obtained or renewed for any use on which the value estimate contained in this report is ' based. 14. It is assumed that the utilization of the land and ' improvements is within the boundaries or property lines of the property described, and that there is no encroachment or trespass unless noted within the report. t Environmental Disclaimer ' The value estimated in this report is based on the assumption that the property is not negatively affected by the existence of hazardous substances or detrimental environmental conditions. The appraiser is not an expert in ' the identification of hazardous substances or detrimental environmental conditions. The appraiser's routine inspection of and inquiries about the subject property did not develop ' any information that indicated any apparent significant hazardous substances or detrimental environmental conditions which would affect the property negatively. It is possible ' that tests and inspections made by a qualified hazardous substance and environmental expert would reveal the existence of hazardous materials and environmental conditions on or ' around the property that would negatively affect its value. 23 i Y ~y~• • Y. I ~I'P '3 J 9 - k W. :1 II Subject war Masonry Bldg. Ia ~M Subject Frame Bldg. Y.~ P J II _I MpI 5 I3 i~ W7 ~~VIY~~I{~~,}~5., 7~ II'' 117 I II ' ~c Ion ll 1 Subject V . 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ON' 3 I 3 1190#-r,79 I\ \ N3'SiM1J 3Mll t.l (T O U. 1 o/fir ~ l1 r J 1 _ m~ ?d 1X~oy 5ti ~ ~ ~..1a oh ~''-r^,er.. V, y w ~u. ..».I Cl.•q v• yf u IN ya AT.Tl s'f 0~ i ~\T i..«r i4 `m ,••'a Nywo t 's o'rI+D 1.4D 'o ro" i J /!LI ~ffL \ - \'~p D•315 M p3'I's1 `k .::im?. ~Wp 1 ,3 O F SO yG Ww0 ~.`r'~j /jOS\ w z jqp W ~ `tu .VYI L I . J qt ~ y il~' ~ ~ sw ~tl I ; I 90 I ~ o I I wv e~ Q oT~a ~qe ~ s . i I s. ° w -Iy- ¢ ye BY> I RDw © ' 711 ~ E ...o / .r l, i © COUNTY OF SUFFOLK IQUT~'7,. - Real Properly Tax$ervrv [74 GERIV u4P + n t/'J l~ gZ \ (''\l~/1 Aim/~a• }Cl U I r }'L'9~ ~rC' ~ 'k""11 x l' ' j ~ ~1l ' ~ ~'6Pl•9 •f, r.1 7,/Y xdlid r iA.,idl~~ 1 I I ' i i ~ brr: r.>r1 uI Ir,, x ON I C- ' U 41 ~ ' 4f , 0 O r f te•d b1H NI l~+ c•-X71-lilf ' ' RTT T ATTON BY THE APPRAISER I hereby certify that I have personally inspected the ' property that is the subject of this appraisal report. That to the best of my knowledge and belief the statements contained in the appraisal herein set forth are ' true and the information upon which the opinions expressed therein are based is correct; subject to the limiting conditions therein set forth. ' The reported analyses, opinions, and conclusions are limited only to the reported assumptions and limiting ' conditions and are my personal, unbiased professional analyses, opinions and conclusions. ' I have no present or prospective interest in the property that is the subject of this appraisal report, and I have no personal interest or bias with respect to the ' parties involved. My compensation is not contingent on an action or event resulting from the analyses, opinions, or conclusions, in, ' or the use of, this report. My analyses, opinions, and conclusions were developed, ' and this report has been prepared in accordance with the standards and reporting requirements of the Federal Home Loan Board. ' As of the date of this report, Andrew D. Stype SRA, has completed the requirements of the continuing education ' program of the Appraisal Institute. 1 1 t 1 29 ' O LI T ATTONS 0 THE APPRAISER ' I, Andrew D. Stype SRA, age 46, certify that I have been in the appraisal business for fair market value since 1971. ' Since that time I have completed over 1,500 real estate appraisals for residential properties, farm properties, lots and business properties. I am currently the president of Stype Brothers Real ' Estate, Inc. and I have been in this position since 1983. The business was purchased from my father, Val W. ' Stype, who had started the real estate and appraisal business back in 1964. ' I have personally engaged in the purchase and sale of real estate on the east end of Long Island for investment. This experience has helped me to determine market ' value. Currently, Stype Brothers Real Estate, Inc. is an ' active sales office involved in the sale of all types of residential properties, farm properties, vacant land and commercial property. ' We maintain a full-time sales office, and in addition offer consultation and management services. ' Currently our office covers Calverton to Orient for sales and the towns of Southold, Riverhead, Brookhaven, ' Southampton, East Hampton and Shelter Island for appraisals. 30 1 ' OUALIFICATION - continued New York State Licenses, Designations, Memberships - New York State Certified Real Estate General Appraiser since 2/6/95. Identification # 96000022831. - New York State Certified Residential Real Estate Appraiser since 12/2/91. License # 0691. ' - Member of the Appraisal Institute SRA designation since 3/91 ' - Member Columbia Society of Real Estate Appraisers ' - Member of the New York State Association of Real Estate Appraisers ' - Member of the Suffolk County Board of Realtors - Member of the Eastern Suffolk Board of Realtors ' - Designated Approved Appraiser by Suffolk County Real Estate Department ' - Licensed Real Estate Broker 1980 - Licensed Insurance Broker 1972 ' - Licensed Real Estate Salesperson 1971 ' - Past Board of Director Eastern Suffolk Board of Realtors - Past Board of Director Suffolk Co. Board of Realtors ' - Designated Approved Appraiser Town of Southold 1 1 31 1 1 1 OU LT r ATrONS - continued - Education - Successfully completed course 420 Standard of Professional Practice Part B on 5/18/96 - Successfully completed course 410 Standard of Professional Practice Part A on 5/11/96 - Successfully completed G-1 Introduction to Income ' Property Appraising 6/4/94 - Successfully completed G-2 Principles to Income Appraising 6/11/94 - Successfully completed G-3 Applied Income Property Valuation 6/18/94 - Attended New URAR Appraisal Report Seminar - 10 hours 12/21/93 - Completed seminar income approach sponsored by Appraisal ' Institute 1992 - Successfully completed N.Y.S. residential real estate appraiser certification requirements December 1991 ' - Successfully completed SPP professional practice course November 1990 ' - Successfully completed Society of Real Estate Appraisers SRA course 102 October 1988 ' - Successfully completed Society of Real Estate Appraisers SRA course 101 February 1988 ' - Completed seminar in real estate sales sponsored by N.Y.S. Assoc. of Realtors 1985 t - Completed seminar real estate management sponsored by Eastern Suffolk Board of Realtors 1983 ' - Successfully completed Part I Appraising Real Estate at Southampton College 1981 ' - Successfully completed Part II Appraising Real Estate at Southampton College 1982 ' - Successfully completed Continuing Education Course in accordance with NYS license laws 1981 ' - Successfully completed Real Estate License Law Course 1979 ' - Graduated Burdett Business College - Degree in Accounting 1971 32 y _ M 1 Q LT r A TON - continued Consultation and Appraisal Work 1 - Township of Southold 1 - Township of Riverhead - Richard A. Winters Associates 1 - New York Telephone 1 - Suffolk Co. Water Authority - The North Fork Bank & Trust Co. 1 - Southold Savings Bank 1 - Suffolk Co. National Bank - EAB 1 - Long Island Savings Bank - Household Finance Corp. 1 - Lenders Service, Inc. 1 - Suffolk Co. Dept. of Real Estate - Relocation Services 1 - Residential Mortgage Bank, Inc. 1 - Biltmore Mortgage Corp. - Wickham, Wickham & Bressler - Attorneys 1 - Scheinberg, Scheps, DePetris and DePetris - Attorneys - Raffe & Corrigan - Attorneys 1 - Caminiti & Gibbons - Attorneys 1 - Village of Greenport - Bridgehampton National Bank 1 - Centerbank Mortgage Bank 1 - Nature Conservancy 33 Gerard P. Goeringer, Chairman Town of Southold Board of Appeals Ott 41ft Town Hall, 53095 Main Road Post Office Box 1179 Southold, New York 11971 RE: Variance Application # 4401 (Rent A Wreck, Greenport) Dear Mr. Goeringer and Members of the Board; I am writing in support of the variance application for the car rental facility known as "Rent A Wreck" on the Main Road in Greenport. As published in the November 7 issue of The Traveler Watchman, this is application # 4401. The services provided by this commercial venture are a valid and valuable addition to the community. Car rental is not presently available in the Greenport environs, which serves Orient and Shelter Island as well as the Village. Both residents and visitors benefit from the accessibility of affordable automobile rental, which allows mobility in and around the area not previously attainable on the North Fork. Additionally, "Rent A Wreck" occupies a previously vacant commercial space with a distinct automotive heritage. This successful car rental business adds a new venture to the tax rolls now diminished by a spate of recent business closings in the Village. As a benefit to the residents and to the Village as a whole, I support the approval of this variance and the continuance of the "Rent A Wreck" business. Respectfully, 6 Q~ Southold Town Board of Appeals Southold Town I:ail. P.O. Box 1179 Southold, my 11971 Gerard P. Goehringer Dear Mr. Goehringer and Henbers-of the Board: "E: Variance Appli.caC.on //4401 [Rent-A-[)neck, Greenport) Ue are writing in support of the variance application for the car. rental facility lcnocm as Rent A 4Jreck" in Greenport on [lain Road. As published in the November 7 issue of THE TRAVELEM WATCHMAN, this is application # 4401. The services provided.by this commercial venture are a valid and valuable addition to the community. Car rental is not presently available in.the Greenport environs, which serves Orient and Shelter Island as well as the Village. Both residents and visitors benefit from the accessibility of affordable automobile rental, which allows a nobility in and around the area not previously attainable on the North Pork. Additionally, "Rent A Wreck" occupies a previously vacant commercial spare with a distinct automotive heritage. This succr.ssJ.`ul car rem::al h;1:;:i_1)es.; adds a new venture to the tax ro]]s n01-; by a ::pate of recent business closings in Lh, As a benefit to fhe residents and to the Village as a whole, we :atpport the approva] of this; variance and the continuance of the ":tent A Wreck" business. ReN)ectful]rv. D E C- 1 1- 9 6 WED 1 4_ 2 5 _ P_ 02 ' I~~14lliilnl rl: I,: :1' PATRII'AA C: M RE AWffwy 81 1,4" 315 Ww4pbalia Roan R0. Box 483 Y MBttWick, Ncw Awk 11952 Td: (316) 24-%29 Fax: (316) 2"-5664 Marvmt Rulkawski 3ncrat~ry December 11, 1996 BY FACSIMILE Southold Town Zoning Board of Appeals Southold Town Hall Main Road Southold, NY 11971 Re: Use Variance Application of Defriest/ Rent-a-^wreck Dear Linda: We respectfully request art adjournent of the above referenced matter acheduled to be heard on 'Dei ember 12, 1996. We are in the process of prepaying the drawing of the site and will forward it t~3 you as so-:n as it is oomplated. Thank you in advance for your consideration. Very truly yours, C trioia C. Moore PCM/mr cc: Mr. Joe Willsey .j 7 jz_ ~~i q f r _ 1 506 Carpenter Street NO~~W P.O. Box 874 Greenport, NY 11944 November 12, 1996 Southold Town Board of Appeals Southold Town Hall P.O. Box 1179 Southold, MY 11971 Gerard P. Goehringer Dear Mr. Goehringer and Members of the Board: RF: Variance Applicati_nn #4401 [Rent-A-Wreck, Greenport] !Ie are writing in support of the variance application for the car rental facility known as "Rent A Ureck" in Greenport on Main Road. As published in the Aovenber_ 7 issue of THE TRAVELER WATCHMAN, this is application # 4401. The services provided by this commercial venture are a valid and valuable addition to the community. Car rental is not presently available in the Greenport environs, which serves Orient and Shelter Island as well as the Village. Both residents and visitors benefit from the accessibility of affordable automobile rental, which allows a mobility in and around the area not previously attainable on the north Fork. Additionally, "Rent A Wreck" occupies a previously vacant commercial space with a distinct automotive heritage. This successful car rental business adds a new venture to the tax rolls now diminished by a spate of recent business closings in the Village. As a benefit to the residents and to the Village as a whole, we support the approval of this variance and the continuance of the "3ent A Wreck" business. Re ectfulJry~ Susan ArnoottL~•Heaney Kevin Barry Heaney UPDATE FOR ZBA FILE Prepared 10/18/96 Applicaliou filed 7/8/96 by David De.Friest, as Tenant, and Rent-A-Wreck as Sub-Tenant Premises: 73625 Main Road, Greenport; 1000-45-3-2 Zone: Limited Business (LB) as of 1/9/89 liPXJII1_ST_ Thie is an application for a new hearing to be held by the board of appeals, to consider an application filed by David DeFriest as Tenant, with another (sub-tenant). This originates from an application to the building inspector requesting use/occupancy of the existing WOODEN BUILDING as office area and use of a portion of tho front yard area for display, advertising and rental of used cars in a "car rental business." Subject property is in an LB zone effective 1/9/1989. Another building on this site contains a conforming use for inside building storage in the CEMENT BLOCK BUILDING rented by another tenant - unrelated to the subject used-car rental business. CHRONOLOGY OF OCCUPANCY DATES based upon testimony from applicant, applicant's attorney, and personal knowledge (which may be modified or corrected where necessary in writing or at the hearing before the close of the hearing). Period I. 1:160 - Early 1979: WOODEN and CEMENT BLOCK BUILDINGS: WOODEN BUILDING occupied inside for a business office area and outside under the canopy by gasoline pumps for gas sales (Harry Bubb's and others), with the rear portion as a dwelling unit. Minor repairs accessory to the gasoline stal ion are known to have been conducted up until 1979. Note: CEMENT BLOCK BUILDING used in conjunction with major vehicle repairs for same occupancy as WOODEN BUILDING. Period 11. Mid-1979: WOODEN BUILDING AND CEMENT BLOCK BUILDING sold to Moritz. ADDED: Lawn Mower sale and repair business in Cement Block building as a permitted use. Note: 1979 - Gasoline sales was discontinued by this year. lrov.- C-(r - 1 1/ 5(, Note: 9/3/81 - 4 .-1- . application was made. for ,into repairs, however, site plan approval was not filed, acrd the prospective tenant (S. Brown) did not occupy the site with his business and did not pursue a lease agreement with owner. Note: 1979 - 1983 WOODEN BUILDING: was not occupied as a dwelling due to poor physical condition, with violations under the sanitary code as per town building department records (see file). Period 111. 3/1983 OCCUPANCY/WOODEN BUILDING - Mr. Gnozzo reinstated use after receiving ZBA approval for one-family occupancy in the dwelling by his family (new owners), together with use of another dwelling Iructure (sce 2/4/1983 Z13A file #3075).' Page 2 - Appl. No. 4401 Ref: Application of D. DeFriest and Rent-A-Wreck Southold Town Board of Appeals Period IV. 4/ 1983 thru 1 / 1989: WOODEN BUILDING - renovated and OCCUPIED as a dwelling unit as per town approval. No OTHER PRINCIPAL USE no commercial use was established. If any office was used by established; S01110 office use was allowed as an accessory to the residence (not a comtnercial us('). Period V-A. 1 / 1989 through 1993: WOODEN BUILDING - continued to be occupied as a. dwelling with home office use as an accessory use authorized by code amendment of 1991. No other principal use was established during this time period. Dwelling use and accessory home office were not nonconforming in this LB Zone. All outer former uses are shown as nonconforming. Note: Fall of 1989 - used car sales was added without town approval, and discontinued about 1990 when put on notice by the town that it, was in violation of the zoning code. Nonconforming use as a gasoline sales station is not the same as a nonconforming used-car rental business, and zoning code in effect 1/89 through the present time at Section 100-241C: "...shall not be changed to another nonconforming use without approval by the ZBA and then only to a use which, in the opinion of said Board, is of the same or of a more-restrictive nature...." Period V-B. 1991 - 1995. WOODEN BUILDING occupied only as a dwelling unit, and the front of the building used for a limited period of time as a business office (for a conlraclor and parking of contractor-NYS licensed equipment while contracting its services in the municipal areas). Business office use is a permitted use udder LB zoning, subject to other regulations and is not considered nonconforming. Period VT. 19 to 19 Was there a use of CEMENT BLOCK BUILDING USE as glass repair/service/installation business (auto & other glass replacement) by lease or oral agreement; during what period of time; what are of the building was used for a primary business activity? Period VII. 1995-1996: WOODEN BUILDING AND CEMENT BLOCK BUILDING USES: WOODEN BUILDING by owner of Ront-A-Wreck resides in this building and is operating used car sales and dislay in front of, and near, this building. CEMENT BLOCK BUILDING used for storage by a different occupant of the wooden building. Mr. brings cars and antique items out here for storage (i.e., Mercedes, stored antique gas pumps.) Subtenant does display his own registered/licensed cars for rental to customers. No repairs and oo sales are conducted out of the cement block building. (Formor gas pumps were removed by 1979 and gasoline station use was abandoned by 1979). (He does not do oil changes or other auto services at this site, but does them at an out-of-town site.) Contiimo(u on piigo 3. 4 • Page 3 - Appl. No. 4,1010 Ref: Application of D. DeFriest and Rent-A-Wreck Soulliold Town Board of Appeals FORMER ZONING CODE: 1957 up to 1/9/1989 was zoned B-1. 1979 or earlier: Gasoline sides and into repairs ended. PRESEN'T' ZONING CODE: 1/10/89 to present - l.B. Gasoline sales is not a permitted use. A custom workshop is listed by Code as a permitted use provided it is complementary to the rural and historic character of the surrounding area (window repairs/installation could be a complementary "custom workshop"). However, stiles and display of used vehicles is not a permitted use in the LB, although it can be permitted in the B District under a new car dealership and by Special Exception action. On or about October 10, 1996, Attorney for the Applicant, has clarified this ZBA application to a request for a use variance under Article VIII, Section 100-81A (hosed on the only Action of Disapproval, June 3, 1996 issued at this time). Applicant will be addressing the "use variance" standards and criteria established by New York Town Law for the record, which was not received at the last hearing. As of 10/18/96, applicqurt has not modified the initial application to the Building Inspector, nor has any other primary use been requested for consideration by Building Inspector (other than used-car rental). In the event applicant wishes to modify the initial request (primary use of a used-car rental business), a modified application should be filed for review and consideration by the building inspector, and subsequent notices, and other forms would need to be consistent with modified request. (The same procedure applies for a modified application, as for other applications. Other code provisions may also be applicable to a modified application, as per action of Building Inspector - requiring additional reviews for variances. (For example, if applicant were to claim business office as the primary use, display of cars to be rented are not. listed as a permitted accessory us('.) cc: ZBA Members boxes 10/18/96 Patricia Moore, Esq., Attorney for Applicant n, i R.n/nPr, ~,,t. P"NG B4 MEMBERS ~Q$UFfl7(~~,0 RICHARD G. WARD Town Hall, 53095 Main Road Chairman y` P.O. Box 1179 Southold, New York 11971 GEORGE RITCHIE LATHAM, JR. C02 2 BENNETT ORLOWSKI, JR. Fax (516) 765-3136 WILLIAM J. CREMERS Telephone (516) 765-1935 KENNETH L. EDWARDS PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: Gerard P. Goehringer, Chairman, Board of Appeals= FROM: Richard G. Ward, Chairman RE: Request for Coordination Request NOV 4 ALz!L'31:) DATE: November 14, 1996 -fa- ( Long Island Lighting Company Main Road, Mattituck SCTM# 1000-122-7-6.6 The Planning Board has reviewed the preliminary site plan and finds it to be satisfactory. The compressors will be screened from view by a berm and double row of evergreens. The noise level of the gas compressor is not of major concern because it seems to be within acceptable limits and will be operating primarily during electrical outages. Also, the proposed elevation of the compressors and the berm should mitigate atever noise may be generated. David Defriest Main Road, Greenport SCTM# 1000-45-3-2 s you are aware, the Planning and Zoning Committee has discussed the possibility of permitting used car lots and car rental businesses within the B General Business district. If the Committee were to move ahead with this proposal, the application before the ZBA would be unnecessary. However, since no decision has been reached, this Board is unable to comment further. Kid N' Round by Theresa Walker County Road 48, Southold SCTM# 1000-55-2-21 The portion of the property and building that the applicant wishes to establish her business in does not have site plan approval. The Planning Board recommends that the owner of the shopping center be required to submit the information necessary to complete the pending site plan application before a decision is rendered. This unresolved site plan has been outstanding since 1989 as per attached letter. APPEALS BOARD MEMBERS ~0~~$UFFO(,~co lj Southold Town Hall Gerard P. Goehringer, Chairman y` 53095 Main Road Serge Doyen °w Z P.O. Box 1179 James Dinizio, Jr. $ .F Southold, New York 11971 Robert A. Villa 4,,~Ol Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD October 18, 1996 Patricia Moore, Esq. P.O. Box 23 Mattituck, NY 11952 Re: Appl. #4401 - Rent-A-Wreck and David DeFriest Dear Mrs. Moore: This will confirm that the new hearing on the above matter has P been postponed, as requested by you, to Thursday, November 14, 1996. Publication in the official newspaper will include a description of the application as filed and based upon the June 1996 Action of Disapproval by the Building Inspector, for a "use variance" 1 in this Limited Business Zone District. It is my understanding that the application is only for a use variance (since there hasn't been modification to the initial application). The primary use sought is "Used Car Rental Business." You will be asked to address the use variance standards and criteria applicable for this type of application. (In the event there is any other primary use sought alternatively, please be aware that it will require review and consideration by the Building Inspector, following the usual procedure, and sending notices and documentation consistent with the different request.) Attached is a copy of an update placed in the file today which states basic information received and some personal knowledge about the history of the property and former zoning. Copies have also been distributed to board members (since this prepared by staff and not board members). Please correct the report if there are any errors and notify our office, and supplement new factual information (and documentation) you feel may be necessary. Very truly yours, Linda Kowalski P:11 osuru cc: Building Inspector's Office Town Attorney Laury Dowd premises. Location of Property: 56M Building Inspector under Article X10111 New Suffolk Ave., Mattimek NY; Section 100.239.411, applicant rue STATE OF NEW YORK) Pea1411000.115-104 tequesting a variance for approval of 7:00 p.m.,Appi. No. - IRIS T. - steps and deck construction, as built, J SS: ANDERSON. Build upon - the near existing bulkhead at 2175 Nassau,. 1211496 Action of Disapproval by the Point Road, Cutchogue, NY; Couuy ~ C 1'~~ BUFF I,I{) BuBdkslupect Td'mArdce XXIO, P&710#1000-.104-13-12. of t~CJIAt M¦ttituek, in Section>-100.239.48 applicant is p.mAppl. No. 4433 requesting to construct a deck addition EDWARD and EVELYN, said County, being( my, sworn, says that he/she to dwelling which will be lees than the HALPERE Based upon the 11/18/96?. required 751 from the existing bulk. Action of Disapproval by the Bui dhug. is Principal Clerk of THE SUFFOLK TIMES, a head. Location of Property: 2515 Inspector, applicants ere Mquesting ¦ Weekly Gives Neck Road, Southold, NY; Mariana under Article XX[V Sectloa y Newspaper, published at Mattituck, In Parcel 01000.70445.5. 100.241-A&C, and Section 100.243A, the Town of Southold. County of Suffolk and 7-05 p.m. Apps. #4456 - FRANK for the proposed altemdon and second tad PATRLCIA REILLY. Bead upon Moor addition (expansion) of a action, State of New York, and that the Notice of which the OIMW Action of Disapproval by farming building which has contained a the annexed Is a printed copy, has been regular- the Bulling Inspector under Article nonconforming-'(praxistiog) living mA, Section 1010-30A.3, applicant is unit, separate and accessory to the main' ly published In said Newspaper once each week ueiq to IF cos octifi"#en` additia~r to dwelling, at 2125 Town su Cesslve[ iFe1, -4 Southold, NY County l for weeks y, lystencing on required 351 from yard fa this residen.' 66-1.31 Zone: • R-40 Residential. the day of had pran 19 • km. Location of Property: 25 ' Property arm: 1.453 sera, County East Side Ave., M&Whx k, NY; Parcel' Parcel No. 1000.66-1-31. Zone: M-31. --m11000.99.3.18:.' 8:00 p.m. Appl. No. 4455 -JOHN 7:15 p.m. Carryover HesdnV Appl. and CATHIEEN HARRISON This CHRISTINA VOLINSKI as, No. 4410 - GARY SACKS and is request for a waiver under Section Notary Public, State of New ALAN IIG7LL&gp4GFJt. Barad upon 100-26, based ups the 1Ul06Actlon No. 5004884 ;XA Coon TOWN OF SOUTHOLD the July 16,1996 Notice of Disapproval of Disapproval by the Building Commission ssion iedin Expires Suffolk November, Cip¦1,Clerk LEGALNOTICE from the Building Inspector, applicants Inspector. The Building Inspedot has 3, 19 NOTICE IS HEREBY GIVEN, pur. request a Variance under Article XXBI, determined a merger under Ahdele B, want to Section 267 of the Town Law - Section 100-239.48 for a proposed Section 100-7,4A because they have and the Code of the Town of Southold, deck addition within 75 fat of bulk. been held in common ownemhip the following applications will be held - head, at 125 Mesnobian Drive, Laurel, sometime after July 1, 1983.. hop" Sworn before me tit for public hearings by the SOUTHOID NY; Peal #1000.145-4-7. Location: 1225 & 1227 Pine Neck day O TOWN BOARD OF APPEALS, at the . 7:25 p.m Appl. _ No. 4448 - Road. Southold, NY. Parcel #1000-70- Southold 7bwn Hall, 53095 Main Road, MARIA ANDRIOPOULOS. Based 5-36 - d: 37. Zone: R40. Sim of Ins Southold, New York 11971, on upon the 1121/96 Action of Dimp. when created less than 20,000 d. THURSDAY, FEBRUARY 6, UN,. prowl by the Building Inspector under 8:15 p.m. Appl. No. 4401-DAVID as mated below: ~tyt(onR1UEFR1ESfr-r. tr•Gaeryovee.. 6:45 P.M. North Store Yacht Saks, s t'k regrrepV-Tng a *~ear, coti &an`"'11J11/96, rend Appi. #4458 -MICHAEL HUGH- the location of a portion of a proposed from 12112 per appliam's request. Use ES. This is a request for a special deck addition within 75 fat of an exist- variance is requested for a car rental exception under Article X, Section 100. iris bulkhead at 1605 Wedvlew Drive, business concerning property located at 101, B12 for sew and used bat sales at Maldtuck; County Pared #1000-107-7- 73625 Main Road Oreenpurt, NY; 11500 Main Road, Mattituck, - NY; .r 9. County Parcel No. #000-45-3-2. Zone Parcel #1000.122.3.6. Zone district: B 7:30 p.m. Appl. No. 4452 - District: LB Limited Business for Business. (Site owner: Harvey. CHRISTINA RIVERA. Bred upon entire parcel. Ba haaw). the 111497, Action of Disapproval by The Bond of Appals will at said p.m. Appl. No. 4454 - SAL` ` the Building Inspector under Article time and place bear any and all persons VATORE and IRENE- ARIOSTO..', ILIA, Section 100.30A3v applicant is or representatives desiring to be heard Based upon the 10/0996 Action of T : requesting a variance for permission to ' in the above applications. Written oom- . Disapproval by the Building Inspector look a portion of a proposed addition rents may also be submitted prim to under Article 111, Section 100-33, appli- to dwelling for which a portion will be the conclusion of the k dqW hearing. cant is requesting to locate a atemsesse. bated at kisiVrnn-tire required 4oit. The above hearings will not start building (a built) in the front yard area.: ; front yard setback front inlet Driw'-10%19talmee the dpry designated, and some Location of Property: 110 Selah Lane, , a small portion of steps lea than the may be ca`rry' fd6 'The Blm Mattituck NY; Parcel #IOOD-106-09- required 40 It. front yard from Sound may be reviewed during regular bust 4.8. Beech Drive. Property Location: 250 am boom for updates or new informs 6:55 p.m. Appl. No. 4457 °t Sound Beach Drive and Inlet Drive, don. If you have question. please do JAMES and DIANA MINOQUE, -.<< Mattituck, NY; County Parcel #1000. ' not hesitate to all 765-1809. - Based upon the 01/0397 Action of 99-1.16. Zone: R-40 Residential. This Dated: January 21, 1997. Disapproval by the Building Inspector parent consists of approximately 40,000 BY ORDER OF THE SOUTHOLD under Article IIIA, Section 100-30A3, d. in tow arm. TOWN BOARD OF APPEALS applicant is requesting to construct an 7:35 p.m. Appl. No. 4451- MAR. GERARD P. GOEHRINGER, addition to dwelling which will exceed IAN JEAN PRAUS. Based upon the Chairman the required 20% lot coverage at this 124)6/96 Action of Disapproval by the 1838-11123 I _ LEGAL NOTICE F p.m PATRICIA snuction, as boil xisting may also be submitted prior t BOARD OF APPEALS RE10 and ILLY.Based upon the0l/O6/ bulkhead at 2175. assauPoint the conclusion of the subjer TOWN OF SOUTHOLD Road, Cutchogue, NY: County hearing. The above hearings wi 97 Action of Disapproval by the Parcel # 1000-104-13-12. not start before the times desi f Building Inspector under Article 740 p.m. Appl. No. 4453- nated, and some may b NOTICE IS HEREBY IIIA, Section 100-30A.3, appli- EDWARD AND EVELYN' carryover hearings. The file GIVEN, pursuant to Section 267 cant is requesting to construct an HALPERT. Based upon the 11/ may be reviewed during regula of the Town Law and the Code addition to dwelling which will 18/96 Action of Disapproval by business hours for updates o. of the Town of Southold, the exceed the required 35' front the Building Inspector, appli- new information. If you hav, following applications will be yard for this residential premises, cants are requesting a Variance questions, please also do no held for public hearings by the Location of Property: 25 East under Article XXIV, Section hesitate to call 765-1809. Side Avenue, Mattituck, NY; 100-241-A&C, and Section 100- Dated: January 21, 1997 SOUTHOLD TOWN BOARD Parcel # 1000-99-3-18. 243A, for the proposed alteration BY ORDER OFTHL OF APPEALS, at the Southold 7:15 p.m. Canyover Hearing.- i and second floor addition (ex- SOUTHOLDTOWT, town Hall, 53095 Main Road, Appl. #4410- GARY SACKS pansion) of a nonconforming BOARDOFAPPEAL~ Southold, New York 11971, on and ALAN SCHLESINGER. building which has contained a GERARD P THURSDAY, FEBRUARY 6, Based upon the July 16, 1996 nonconforming (preexisting) liv- GOEHRINGER, Chairman 1997 as noted below: Action of Disapproval by the ing unit, separate and accessory 1X-1/23/97(76' 6:45 p.m. North Shore Yacht Building Inspector, applicants to the main dwelling, at 2125 Sales, Appl. No. 4458 - request a Variance under Article . Town Harbor Lane, Southold, MICHAEL HUGHES. This is I XXIII, Section 100-239.413 for I NY: County Parcel # 1000-66-1- arequest foraspecial exception a proposed deck addition within 31. Zone: R-40 Residential. under Article X, Section 100- 75 feet of bulkhead, at 1325 Property size: 1.45+1- acres. 101, B 12 for new and used boat Mesrobian Drive; Laurel, NY; County Parcel No. 1000-66-1- sales at 11500 Main Road, Parcel #1000-145-4-7. j 31. Zone: M-31. Mattituck, NY; Parcel #1000- ' 7:25 p.m Apply No. 4448 .8:00 p.m. Appl. No. 4455- 122-3-6. Zone district: B Busi- MARIA ANDRIOPOULOS. JOHN AND CATHLEEN ness. (Site owner: Harvey j Based upon the 11/2 "6, Action HARRISON. This is a request Bagshaw). of Disapproval by the Building for a waiver under Section 100- 6:50 p.m. Appl. No. 4454- Inspector under Article XXIII, 26. based upon the I 1/14/96Ac- SALVATORE and IRENE Section 100-239.4B, applicant is tionofDisapproval bytheBuild- ARIOSTO. Based upon the requesting a variance for the lo- ing Inspector. The Building In- 10/09/96 Action of Disapproval cation of a portion of a proposed spector has determined a merger by the Building Inspector under deck addition within 75 feet of under Article 11, Section 100- Articlelll,Section 100-33C, ap- an existing bulkhead at 1605 24Abecause they have been held ' plicant is requesting to locate a storage building (as built) in the Westview Drive, Mattituck/ to common ownership at some- storage #1000-107-7-9. time after July 1, 198 front yard area. Location of County parcel Location: 1225 & 1227 Pine 1227 Pine Property: 110 Selah Lane, 7:30 p.m. Appl. No. 4452- Neck Road, Southold, NY. Par-' Mattituck, NY; Parcel #1000- CHRISTINA RIVERA. Based Zone; 106-09-4.8. upon the 1/14/97, Action ofDis- cel 40. Size #1000-70-lot5-when36&37. creZone-, R- 6:55 p.m . Appy #4457- approval bytheBuilding lnspec- JAMES and DIANA for under Article ILIA, Section than 20,000s.f. MINOOUE. Based upon the 100-30A.3, applicant is request- 8:15 p.m. Appl. No. 4401 0 1/03/97 Action ofDisapproval ing a variance for permission to DAVID DEFRIEST as Tenant. by the Building Inspector under locate a portion of a proposed ad Carryover hearing, continued, from I (/14/96, and from 12/12 Article IIIA, Section 100-30A.3, dition to dwelling for which a I per applicants request. Use vari- applicant is requesting to con- portion will be located at less . struct an addition to dwelling than the required 40 ft. front yard ante b is business requested for r a car rental property which will exceed the required setback from Inlet Drive, and a located at 73625 Man Road, 20% lot coverage at premises. small portion of steps less than Gcate at 36 County Parce Location ofProperry:5650New the required 40 feet front yard from Sound Beach Drive. Prop No. 1000-45-3-2. Zone District: Suffolk Ave. Mattituck l , NY; for entire Parcel#1000-I I5-10-6. erty Location: 250 Sound Beach LB Limited Business 7:00 p.m. Appl. No. LOTS Drive and Inlet Drive, Mattituck, parcel. The Board of Appeals T. ANDERSON. Based upon NY; County Parcel #1000-99-1- at, 01/03/97 Action of Disap- 16. Zone: R40 residential. This said TheBoar place fhear any and proval by the Building Inspector parcel consists of approximately all persons or representatives under Article XXIV, Section ' 40,000 sf. in total area. desiring to be heard in the above 100-239.46, applicant is request- 7:35 Pm. APP1 No. 4451 applications. Written comments ing to construct a deck addition MARIAN JEAN PRAUS. I to dwelling which will be less Based upon the 12/06/96 Action than the required 75' from the ex- of Disapproval by the Building ? isting bulkhead. Location of Inspector under Article XXIII, Property: 2515 Calves Neck Section 100-239.4B, applicant is ! /~y9 g Road, Southold, NY; Parcel requesting a variance for ap- i 3 V #1000-70-4-45.5. proval of steps and deck con- j COUNTY OF SUFFOLK STATE OF NEW PORK ss: Patricia C. Lollot, being duly sworn, says that she is the Production Coordinator, of the TRAV- ELER WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the no- tice of which the annexed is a printed copy, has been published in said Traveler Watchman once each week for week~ successively, coi ie!icing on the 3 day o .19..7 1 Sworn to bef re me thi......... ...clay of .19. 7 ....--..q., Notary Public BARBARA A SCHNEIDER NOTARY PUBLIC, State of New York No. 4806846 Qualified in Suffolk Countif Commission Expires $ t 198 APPEALS BOARD MEMBERS $UFfO(~ ~ONp ~i7G Southold Town Hall Gerard P. Goehringer, Chairman :z St 53095 Main Road Serge Doyen co x P.O. Box 1179 James Dinizio, Jr. p Southold, New York 11971 Robert A. Villa d~01 `~aplf Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD January 22, 1997 Dear A~- Please find enclosed a copy of the Legal Notice confirming the date of the public hearing for your application to be held Thursday, February 6, 1997. This notice was published this week in the Times-Review by our office. Also enclosed is a sign to be posted by you within 10 feet from the front property line (facing the traveled street). The Affidavit of Posting must be signed and returned to our office as soon as may be possible, after the sign has remained in place at least seven days. (The sign may remain in place longer, which is always preferred. ) Please feel free to stop by, or call us, during the last few days of processing to review any updates or communications that could be added to the file. Very truly yours, r~sNJ~ Enclosures da Kowalski P. S. Enclosed is a copy of the "standards" of law for your use. Please note that different standards of law apply in different appli- tions, i.e. "area standards under New York Town Law" apply to most variance applications, "waiver standards under 100-26" apply to merged lots as per 100-25 (different than area standards). "Land use standards of Town Law" apply to use variances. "Special Use Excep- tions" under Town Law and Zoning Code standards 100-263 thru 100-265. Cp NT i N u aTIag - 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. r OWNER(S) OF RECORD: Teno nT: ~Sc°p~ ~rl''1UZZ~ Z>. be ~R-I~ESf i DATE OF PUBLIC BEARING: ~M. qq 1 7 u rs dal Feb- l s 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 ~II~I 11~ ~ APPEALS BOARD MEMBERS OHO ~~~p Southold Town Hall Gerard P. Goehringer, Chairman a= y` 53095 Main Road Serge Doyen W x P.O. Box 1179 James Dinizio, Jr. p Southold. New York 11971 Robert A. Villa Fax (516) 765-1823 fi Lydia A. Tbrtora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD October 31, 1996 Patricia C. Moore, Esq. 315 Westphalia Road P-0. Box 483 Mattituck, NY 11952 _juy Re: Your Application Filed for November 14, 1996 ZBA Hearing Dear e~ As confirmation of the time and place of your recent application, we enclose a copy of the Legal. Notice which will be published by our office in next week's issue of the Long Island Traveler-Watchman, Inc. Also, enclosed is an Affidavit of Posting concerning the town's sign which was handed to you earlier. Please be sure to check that the sign meets the (minimum) requirements of Chapter 58 copied on the reverse side of the Affidavit. Please complete the attached Affidavit of Posting and return it, by mail or in person, to our office prior to the day of the hearing (if possible). If you have any questions, or if you wish to review your file for updates on late correspondence or other information from interested parties, please feet free to stop by or contact any one of as between 8 and 4 p.m. Very truly yours, ndi w`aiki MaryAnn Cybulski Noreen Frey Enclosures use of gas compressor stati p Lot #2, Subdivision of F. house lot, parcel #1b00-106-2- Mattituckon. Y • Murphy . ' (S/s} Main Road, • 40. These lots are shown on the \ Pvthv 4.725 p.m. Apply No. 4430- Map, of Captain Kidd Estates approved in_ 104't by-the ance Carryover from 1 application b by y LI LI1 LCO Southold Town Board.. Present . Proposed fence height up to 8 ft. Zone District R40 Residential. from lowest finished grade. S/s 9. 8:OOp.m:App.No,4444- Main Road, Mattituck. ROSWITHA =,,iGER. 5.7:35 p.m. Appl. No. 4437 Variance forthe locationwithin DAVID AND BONNIE 100feet oftheblufTofaaacces- PASCO.-SpecialException re- sory (gazebo) structure,`."as quest to establish professional built". prior to.l087,basedupon .the .Novembec 13 1996 Action . officeas principal use on first - • y_ ryfidor of building located in this of Disapproval by the'Building Residential-Office (RO) Zone Inspector, ArticleXXfII Section LEGAL NOTICE District as provided by Article 100-239 4A(r). L•ocaf on of BOARDOFAPPEALS VIISectron1b0~1B(2).Loca- Property. 29827Pirvate'Rba~off tiott-oj`t' Property 51100 Main [hIe northerly st'de ofMam ad RbitOSduthcilfNA Parcel Orient NY Paroefj)IO~~tt42" SDAI,~narwti l' #EOQV6-2o7e- Ceitifcate of I p/o I.1 (now 1 8) ' _ ' HEERFZ,3996 y ^Occttpancyconfirms existing use 10. 8: t0 p.m..-Appl. #4401- N9,$tCEr-ISrp_14 EREBY-L oPbm7dmg"tb le"single-family . DAVID DEFRIEST. Tenant GIVEN ,pursuant to.Secnon267...- with accessory home profes- . (and Mr. and Mrs Joseph of the TownL.aw and the,Code siottal office?, yc,_~~ _ Gnozzo, as Owners.) Carryover o£ the Town of Southold, the 6 7AQ p.m. Appl. No. 4440- hearing, continued from t t/14/ followingapplications will be ADLYN SYVERSON. Vari- 96. Use variance request con- held for public hearings by the ance based upon the October 7, cerning property located at SOUTHOLD TOWN BOARD 1996 Action of Disapproval of 73625 Mam Road;_ Gieenport, OF APPEALS, at the Southold the Building Inspectoewherein NY; County Parcel No 1000-45- Town flair, 53095 Main Road, applicant has requesteda permit 3-2. Zone Districts: LB Limited Southold; New York 1197 1, . on I 'to build extension to dwelling at Business, THURSDAY, DECEMBER 420 Private Road #I7,off Camp I 1L8:30pm.Appl;No'4410- 12,1996,asnoted below: Mineola Road, Mattituck, NY; GARY SACKS and 'ALAN 1.7:15 p.m. Appl. No.4438 - Parcel #1000-123-6-17 (now SCHLESINGER: Basedupon GIUSEPPE & LAURIE 17.1)UndecAchcl-XYIV,Sec- j the July '16;1996NoticeofDis COMO. This is an application :ion 100-24411proposed con- a--1 1 ppro'valby the Budding Inspec- for a Variance based upon the struction wilgfii at!insuffi- I tor', applicants`request4 Vari- November 1996 Action of Dis- cient westerbg side,setback and i ance under Article XXM, Sec- approvafliy-theBuilding Iivspec I total side yard~e 27,029+- tion 100-239.413-for a proposed for under-Article III, Section l s_ 100 33C uywhich.applicantap- 4I-(ocatedrn an R-40 Zone deck addition within 75 feet of bulkhead, of 125 Mesrobian pliedforabuildingpermittolo-'' District/i' I Drive, Laurel,-NY; Parcel care accessory building, and that 7 745p.m,ApprNo:4441- #1000=1454-7. yard area has been designated a i FRED AND RUTH ROSSI. A The Board ofAppeals will at second. front yard Location of Variance is re'quested under Ar- said time and place hearany and property.-.- 265 Youngs_Avenue, tide ILIA„Section,I00-30A.4 I all persons or representatives Southold NY: Parcel ED #1000- and Section;100 33, based upon desiring to be heard in the above 61-4-38.2. the.Novern r,7,,1996Actionof applications. Writteniomments 2. 7:20 p.m. Appl: #4439 Disapproval by, the Building In- may also be submitted prior to KID N' ROUND- by Spector for placement ofan,ac- the conclusion of the subject THERESA WALKER. cessory (shed) building in an area hearing. The above hearings will (Owner of Property: Anthony other than the required tear yard not start before the times desig- Pirrera). This is an application at 265 Brigantine-'Drive, Hated, and some may be for a Special Exception for oc- Southold, NY; Harbor Lights cupancy/use of a rental unit in an Estates, Section One, Lot 32; carryover hearings. The files existing business center located Parcel # 1000-79445. may be reviewed during regular at 46455 County Road 48, . 8.7:50 p.m. Appl. No. 4442- business hours for updates or Southold NY; Parcel #1000-55- COSTAS and MARY new information. If you have 2-21, for use as acommercial CAVIRIS. Request. for a questions, please also do not recreation facility, and uses nor- Waiver under Article II, Section hesitate to call 765-1809. mally accessory and incidental to 100-26 concerning a vacant lot Dated: November 20, 1996 commercial recreation, as pro- identified as 1000-106-2-35, BY ORDER OF THE vided by Article X; Section 100- which has been deemedmerged SOUTHOLD TOWN 101 B(6) of the Zoning Code. B- in the October 11, J.".6 ,Action BOARD OF APPEALS General Business. of Disapproval thin7ding GERARD P 3'7:25 p.m. AppL No. 4429- Inspector. T+te adjo garret iv " 6b Carryover from 11114. LILCO which is mclu'sed mt meirger I M , SByLinda.Kowalski determination is 'aa a 4I 11%W19) COUNTY OF SUFFOLK STATE OF NEW YORK ss: Patricia C. Lollot, being duly sworn, says that she is the Production Coordinator, of the TRAV- ELER WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the no- tice of which the annexed is a printed copy, has been published in said Traveler Watchman once each week for weeks le successively, commencing on the ...v.7f......... day of............~~' i 9..fn l` Z` Sworn to before me this day of . 19... a A....... Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, State of New York No. 4806846 Qualified in Suffolk County Commission Expires $ ! I98 sory Bed and Breakfast Use in 7:50 p.m. Appl. #4433- BOARD OF APPEALS conjunction with his residence at FRANCIS & CHRISTINA TOWN OF SOUTHOLD 14909 Main Road, East Marion, DOYEN. This is an application NOTICE OF HEARINGS NY. This Bed and Breakfast Use based upon the October 9, 1996 NOTICE IS HEREBY must be accessory and inciden- Action of Disapproval by the GIVEN, pursuant toSection267 taltotheowneesresidence atthis Building Inspector under Sec- of the Town Law and the Code property ; and is limited to the tion 100-25A. Applicants are re- rental of three bedrooms within of the Town of Southold, the questing- a Waiver which has following applications will be the existing residence and serv- been provided by Article II; Sec- held;for,public.hearings by the ing of breakfast to not more than tion 100-26 for undersized lots. SOUTHOLD=TOWN BOARD six casual and transient B&B held in commonownership.-Io .OF•APPEALS°atthe-Southold roomers; Eroperty.ID: 1000-23- cation of ProperEy)ROW.'off 1-2.3. Also. referred to as Lot # 1 Town Hall,'S3095 Main Road, I I Hedge StreeK Ptshers'.Caland;' Southold; New-York 1197 1, on on Minor Subdivision approved NY ParceWas combined°now THURSDAY, NOVEMBER by the Planning Board on or knownas#1000 10 7-26;1(for- 14; 1996:-,13 - about 11/24180. mer7y 17 and State-owned land 't 7:30 p.m. Appl. N6.4425SE- 7:40 p.m. Appl. No. 4421- without a County Gisela -Morchel;:3.owner. HENRY TRAENDLY. This is 7:55 p.m. Appl. No.4428 Canyoverhearingforaproposed an application based upon the VINCENT- AND EDNA Accessory Bed and Breakfast July 12, 1996 Notice of Disap- OUATROCHE. This is an ap Use at Main Road and Crown proval by the Building Inspector, phcationbased upon theSeptem- Land Lane, Cutchogue.) ~ in which applicant is requesting ber 23, 1996 Action of Disap 7:32 p.m. Appi' No. 4435- approval of berm with fence "as proval by the Building Inspector RUTH W. BOEHLING and R. built," at a total height above the under Section 100-25A. Appli- W RIGHT. This is an Applica- four feet limitation of Article cants are requesting a Waiver tion for a Variance based upon XXIII, Section 100-231, for this which has been provided by Ar- the October 16, 1996 Action of front yard area. Property known ticle II, Section 100-26 for un- DisapprovalbytheBuilding ln- as 13220 Main Road; East dersized lots held in common spector under Section 100-25A. Marion, NY; Parcel Id.#1000- ownership. Location ofProperty Applicants are requesting a 31-14-12. - Vacant land known as t.i0Sun- Waiver which has been provided 7:45 p.m. Appl. #4434 ROB- set Lane; Greenport. County Par- by Article 11, Section 100-26 for ERT TURNER. This is an ap- cel ID #1000-334-69 which ad- undersized lots held in common plication based upon the Octo- joins applicants' house referred ownership. Location of Vacant ber 10, 1996 Actions of Disap- to as #160 Sutton Place (1000- Land: 180 Custer Avenue, proval by the Building Inspector 334-70). Southold, NY, 1000-70-8-30, under Article XXIII, Section 8:00 p.m. Appl.. #4424- which adjoins applicants' house 100-239.4B, and under Article EILEEN MORINI, Owner. at 290 Custer Avenue, 1000-70- 1 III; Section 100-33C, in which This ism application based upon 8-3 L Also shown on the Map of applicant is requesting approval, Fairview Park, Section One situ- either as a new permit or as an ate on Pine Neck, approved by amendment to building Permit the Southold Town Planning # 15772 based on the sketch sub- Board on 8/1/196 1. mitted for approval by the Build- 7:35 p.m. Appl. No. 4431 SE ing Inspector in March 1987, NORMAN WHITEHEAD concerning the deck addition Owner. This is an Application within 75 feet of an existing under Article III, Section 100- bulkhead adjacent to a tidal wa- 31 B(15) for a proposed Acces- ter body, and the front yard ac- cessory shed, as built. Location of Property: 1200 West Lane, Southold NY; Parcel ID # 1000- 31-14-12. " = - _ _ the June 27, 1996 Action of Dis- approval by the Building Inspec- tor under Article III,..Section 100-30A.3, for a deck addition, as built, due to an insufficient VIII, Section 100-81A,fora Use rear yard setback,. at 2110 Cox Variance based upon tenant's. Neck Road, shown on thesubdi- application to the Building In- vision Map. of.Tollewood; spector for a car rental business. Mattituck, NY; County Parcel. The Variance shall.also address #1000-113-10-2- = the outdoor and area 8:05 p.m. Appl #4443 8:15 p:m. AppL #4436- J0- proposed Y SEPH and= MAUREEN for showing of vehicles for rent-, MARIE I OBER OwnerThis FRAZZIITA.=Thig is anappli- in anarea to be designated un- is an applicatiorgbased nppn=the der this use variance, if allowed. October 9„ 1996 Action of Dis- I cation based upon the March 29, approval by the 1996 Action of Disapproval by Thegrounds forwhichthe June Y ~ the Building Inspector under 3, 1996 Building Inspector's ac- tor underArticleR,Section.100 Article XXIII; Section 100- tionwasissuedareiAutomobile Wai Applicant i ben provided requesting a 239.4(B), in which applicant is rental use is not a permitted use by Waiver e which 1; S anon 100-26 for proposing to construct shower/ in this Limited Business (LB) undersized by Article II; lots held in common is held in comb for storage room addition;, at less' Zone District Location of Prop- than errY73625 '.Main Road, ownership. Location of Property: 75 feet from the bulkhead' L Greenport,NY; County Parcel and which does not meet the Vacant land enport known as 100 Wood Lane, Greenpor4 County Parcel. minimum required total side No. 100045-3-2. Size: 5+ acres. The BoardofAppeals willat ID # 100044-33 which adjoins yard setbacks (35 feet), per'Ar- ticle XXIV, Section 100=244:` said time and place hear any and L applicants' ane House at #55 Inlet - Lane, Gree eenport, NY (100043- ' Location of Property: 1420 Wet all persons or representatives 4-38) Way, Southold, Cedar Beach desiringto be heard in the above 8:10 m. LONG ISLAND Park Lot #97, filed in 1927; applications Writtemcomments' P County Parcel #1000-92-I-6; may also be sub- 111 ifted prior to LIGHTING COMPANY: containing 21,772 s.f the conclusion of the subject' concerning premises presently 8:20 p.m. Appl. #4401-- hearing. The above heanngswill owned by STYPE BROS. REAL: t not start before the times desig-as- E 50 (vac nINC. t land) Main referred to_ Road; (and Mr. -and Mrs. Joseph nated, and some may be Matt (vacant lad; . Gnoizo, as Owners). The Board:' carryover hearings.' The files fied as (near Laurel urther on its own motion, reopens the may be reviewed during regular feed identified -1Lot 222 cons, bingo f subject hearing closed July 24, business hours for updates or, 5,7a hownnsthes - 1996 for further factual informa new information. If you have' 35,7988 s:f.£ as shown o sub- tion from applicant, etcetera. questions,' please also do not Murphy Garden- Map of "f "Frank ' Murphy Center"Iap- The applicant is requesting a hesitate Dated: to Oc call tolier7653=1 0; 809 p 1996 roved by the South old.Town Variance based upon the June 3, 1996 Building Inspectors Notice BY ORDER OF THE' plicanta contract it, as s conttraract ct vendee, , i 1 ns of Disapproval under Article SOUTHOLD TOWN BOARD OF APPEALS requesting: GERARD P. (a) Appl. No. 4429SE- Spe- GOEHRINGER, Chairman cial exception for Use of Vacant By Linda Kowalski Land as shown on plot plan for a IX-11/7/96(163) compressor station building with' fence enclosure in this, "B" Gen- eral Business District. (b) Appl. No. 4430- Variance under Article XXIII, Section 100-231-A for permission to construct fence enclosure,_which exceeds maximum fence height restriction of6 feet when located in the front yard, and which ex- ceeds 6 1/2 feet in or along side and rear vards. - - COUNTY OF SUFFOLK STATE OF NEW YORK ss: Patricia C. Lollot, being duly sworn, says that she is the Production Coordinator, of the TRAV- ELER WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the no- tice of which the annexed is a printed copy, has been published in said Traveler Watchman once each week for weeJcs successively, commencing on the dayo ..?`•~":L`•.'~...........,19......G Sworn to before me this day of 1..Y. ,19g./.. .....a....-sl......~ Notary Public BARBARA A. SWNGDER NOTARY PUBLIC. State of New York No. 4806846 Qualified in SufiolN CuM7 Commission Expres 9 1-3 I9$ APPEALS BOARD MEMBERS ~O~Og11Ff0( ~COG~, Southold Town Hall Gerard P. Goehringer, Chairman y< 53095 Main Road Serge Doyen e°~ 2 P.O. Box 1179 James Dinizio. Jr. O Southold. New York 11971 Robert A. Villa y~1J O? p Fax (516) 765-1823 Lydia A. Tortora~l.y ? Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Prepared 10/31 AGENDA REGULAR MEETING THURSDAY, NOVEMBER 14, 1996: 1. 7:15 p.m. Work Session and Reviews (No Action taken until 7:30 p.m.) II. ENVIRONMENTAL QUALITY REVIEW noted as follows: a) Type II Actions are those hearings tonight which are directly related to residential use, waiver under merger law (100-26), lot line and setbacks from property lines, building coverage of lot), all accessory uses, height variance requests, accessory structures /buildings, and similar regulations. b) RESOLUTION confirm LILCO application 44429 as an Unlisted Action and Negative Declaration under SEQRA: Application is for use of a proposed facility-type building (public utility use). III. PUBLIC HEARINGS, as follow: 7:30 p.m. Appl. No. 4425SE - GISELA MORCHEL. Owner. (Carryover hearing for a proposed Accessory Bed and Breakfast Use at Main Road and Crown Land Lane, Cutchogue.) 7:32 p.m. Appl. No. 4435 - RUTH W. BOEHLING and R. WRIGHT. This is an Application for a Variance based upon the October 16, 1996 Action of Disapproval by the Building Inspector under Section 100-25A. Applicants are requesting a Waiver which has been provided by Article II, Section 100-26 for undersized lots held in common ownership. Location of Vacant Land: 180 Custer Avenue. Southold, NY, 1000-10-8-30, which adjoins applicants' house at 290 Custer Avenue, 1000-70-8-31. Also shown on the Map of Fairview Park, Section One situate on Pine -Neck, approved by the Southold Town Planning Board on 8/1/1961. 35 p.m. Appl. No. 4431SE - NORMAN WHITEHEAD, Owner. This is an Application under Article III, Section 100-31B(15) for a proposed Accessory Bed and Breakfast Use in conjunction with his residence at 14909 Main Road, East Marion, NY. This Bed and Breakfast Use must be accessory and incidental to the owner's residence at this property, and is limited to the rental of three bedrooms within the existing residence and serving of breakfast to not more than six casual and transient B&B roomers. Pronerl- ID: 1000-23Also referred to as Lot =1 or. -Minor Suoci* -isiou approved by the Planning Board on or about 11;24,10. Page 2 - Agenda Hearings for November 14, 1996 Southold Town Board of Appeals 7:40 p.m. Appl. No. 4421 - HENRY TRAENDLY. This is an application based upon the July 12, 1996 Action of Disapproval by the Building Inspector, in which applicant is requesting approval of berm with fence "as built," at a total height above the four feet limitation of Article XXIII, Section 100-231, for this front yard area. Property known as 13220 Main Road, East Marion, NY; Parcel ID 41000-31-14-12. 7:45 p.m. Appl. No. 4434 - ROBERT TURNER. This is an application based upon the October 10, 1996 Actions of Disapproval by the Building Inspector under Article XXIII, Section 100-239.4B, and under Article III, Section 100-33C, in which applicant is requesting approval, either as a new permit or as an amendment to Building Permit 415772 based on the sketch submitted for approval by the Building Inspector in March 1987, concerning the deck addition within 75 feet of an existing bulkhead adjacent to a tidal water body, and the front yard accessory shed, as built. Location of Property: 1200 West Lane, Southold, NY; Parcel ID 41000-31-14-12. 7:50 p.m. Appl. No. 4433 - FRANCIS & CHRISTINA DOYEN. This is an application based upon the October 9, 1996 Action of Disapproval by the Building Inspector under Section 100-25A. Applicants are requesting a Waiver which has been provided by Article II, Section 100-26 for undersized lots held in common ownership. Location of Property: ROW off Hedge Street, Fishers Island, NY; Parcels as combined now known as ;1000-10-7-26.1 (formerly 17 and State-owned land without a County 7:5:5 p.m. Appl. No. 4428 - VINCENT AND EDNA QUATROCHE. This is an application based upon the September 23, 1996 Action of Disapproval by the Building Inspector under Section 100-25A. Applicants are requesting a Waiver which has been provided by Article II, Section 100-26 for undersized Int.s held in common ownership. Location of Property: Vacant land known as 130 Sunset Lane, Greenport. County Parcel ID #1000-33-4-69 which adjoins applicants' House referred to as 4160 Sutton Place (1000-33-4-70). 8:00 p.m. Appi. No. 4424 - EILEEN MORINI, Owner. This is an application hosed ttpon the dune 27, 1996 Action of Disapproval by the Building inspector under Article 1II, Section 100-30A.3, for a deck addition, as built, due to an insufficient rear -ard setback, at 2110 Cos Neck Road, aliown on the Subdivision Map of Toilewood. Mattituck. NY: County Parcel $1000-1.13-10-2. i:o5 1). in. :Appi. No. i443 - MARIE TOBER. Owner. =his is an application based upon the October 1996 action of Disapproval by the Building lnspo(( Ior ender Article II. Section 100-25A. Applicant is requesting a Waiver which has been provided by Article II, Section 100-26 for undersized lots held in common ownership. Location of Property: Vacant land known as 100 Wood Lane, Greenport. County Parcel ID #1000-4-4-33 which adjoins npplit:nnts' Ilouse at 475 Inlet Lane. Greenport, NY (1000-43-4-38). LONG ISLAND i.IG3TING COMPANY. ouceraii:~ ;Dremises orese:ai~: 12.t1.~. __~A .°Ct to as -.S550 --,Beam Page 3 - Agenda Hearings for November 14, 1996 Southold Town Board of Appeals further identified as Lot #2 consisting of 35,798 sf. as shown on the Subdivision of Map of "Frank Murphy Garden Center" approved by the Southold Town Planning Board 4/12/1982. Applicant, as contract vendee, is requesting: (a) Appl. No. 4429SE - Special Exception for Use of Vacant Land as shown on plot plan for a compressor station building with fence enclosure in this "B" General Business District. (b) Appl. No. 4430 - Variance under Article XXIII, Section 100-231-A for permission to construct fence enclosure, which exceeds maximum fence height restriction of 6 feet when located in the front yard, and which exceeds 6-1/2 feet in or along side and rear yards. 8:15 P.M. Appl. 44436 - JOSEPH and MAUREEN FRAZZITTA. This is an application based upon the March 29, 1996 Action of Disapproval by the Building Inspector under Article XXIII, Section 100-239.4(B), in which applicant is proposing to construct shower/storage room addition, at less than 75 feet from the bulkhead and which does not meet the minimum required total side yard setbacks (35 feet), per Article XXIV, Section 100-244. Location of Property: 1420 Inlet Way, Southold, Cedar Beach Park Lot #97, filed in 1927; County Parcel #1000-92-1-6, containing 21,772 sf. 9:20 P.M. Appl. #4901 - DAVID DEFRIEST, Tenant. (and Mr. and Mrs. Joseph Gnozzo, as Owners.) The Board, on its own motion, re-opens the subject liearing closed July 24, 1996 for further factual information from applicant, et cetera. The applicant is requesting a Variance based upon the June 3, 1996 Building Inspector's Notice of Disapproval under Article VIII, Section 100-81A, for a Use Variance based upon tenant's application to the Building Inspector for a car rental business. The Variance shall also address the proposed outdoor yard area for showing of vehicles for rent in an area to be designated under this use variance, if allowed. The grounds for which the June 3, 1996 Building Inspector's action was issued are: Automobile rental use is not a permitted use in this Limited Business (LB) Zone District. Location of Property: 73625 Main Road, Greenport, NY; County Parcel No. 1000-45-3-2. Size: 5+ acres. IV. DELIBERATIONS/DECISIONS (from above Bearings, if conciuded): 1. GISELA MORCHEL. 2. RUTH BOEHLNG 3. NORIVIAN WHITElIEAD. i. HENRY TRAENDLY. i. ROBERT TURNER. 6. FRANCIS AND CHRISTINA DOYEN. 7. VINCENT AND EDNA QUATROCHE. 8. EILEEN MORIN[. MARIE TOBER_ 10. LLLCO :iuecial asceotiwi use iL('O In~ia-Br -nriauc-. '15A 11)191'A),P6ac1, (~7feenpbtr Lb ZoNt 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) F RECORD: Tc),5 e P h n0ZZo . TEI\tPrfV-F ~a v i~ die ~'s T~ DATE OF PUBLIC HEARING: _ l 1 lq96 2 Thu(So 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 C S~ U-Tk VO iOnce,- NEW EWI AL I OCT-10-9Ei THU AE ..1 15 P. P! 1 ..I i!'~i Zi I iii?•:Ili::i.~l;~l; i'.' i~ b. 6/\ IE ~LIE AACOMY Of LOW 315 W-,""min, xwlw P.O. RAs 4K3 D, o tuck, Now York 11952 Try: (516) 298-56ri 1~a r. ;Sl •56fS~ Marguat Rvtkawski Sa;xutary October 1001996 Southold TWM Zoning Board of Appeals Gerard P. Goehringsr, Chairman Southold TaFm Hall xain Road Southola, NY 11971 ge; Application of De'ciesr,.-Gnaaso Dear Mr, Goehringer: W*i respectfully rsquptst an adjournment of the heariM on the above ,referenced matter. a cheduled to be 'hamrd'on Thursday, October 1111991, to your next available meeting. Wu are in the process of 0 btafn7~xtig financial data for the Use variance applieatian, iAd sre require abditioml t1me, to complete our application. , • we apologias for any LnCOnvsnienca which this request SAY cause ves't' r.my yours, l ~~r III 1'~". ricia C. Moore PCM\mr J r APPEALS BOARD MEMBERS q~' $U 9~~ONp C0, Southold Town Hall Gerard P. Goehringer, Chairman 53095 Main Road Serge Doyen r°n x P.O. Box 1179 James Dinizio, Jr. p • Southold. New York 11971 Robert A. Villa 'y.JJ p~ Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD MEMORANDUM/ COORDINATION REQUEST TO: Planning Board, Chairman, Members, and Office FROM: ZBA DATE: November 1, 1996 SUBJECT: Coordination on Projects (Possible Jurisdiction and Reply Request) This will confirm that the following applications may need to receive a determination by the Planning Board under the site plan (or waiver) regulations pertaining to "applications" or "waivers." Your response (and suggestions on a "preliminary basis" about actual site layout/details) are appreciated: 1. THERESA WALKER and KID N'ROUND. Use of a rental unit for recreation. 2. LILCO- Use of vacant land for compressor station. 3. DAVID DEFRIEST and JOSEPH GNOZZO. Use of premises now zoned LB for car-rental business with outdoor display. (Was zoned prior to 1/89 as B-1 General Business). 1 6 L -T9 4. DAVID PASCOE. Use of professional office as principal use. jv q A copy of the Legal Notices with a description of each is attached for your convenience. Enclosure APPEALS BOARD MEMBERS ~~o~~SUffO[,~coGy Southold Town Hall Gerard P. Goehringer, Chairman o 53095 Main Road Serge Doyen °w x P.O. Box 1179 James Dinizio, Jr. p Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD October 1, 1996 Patricia C. Moore, Esq. P.O. Box 483 Mattituck, NY 11952 Re: Appl- No. 4401 - New Hearing (DeFriest-Gnozzo) Dear Mrs. Moore: Please find enclosed a copy of the Legal Notice published by our office pertaining to the new hearing which was the subject of a resolution unanimously setting the application with a hearing date of Thursday, Octo- ber 17, 1996 in the above matter. As indicated to you, board members would like to be able to discuss the exact time perods with names, activities under each use, by each occupant, as well as financial documentation to substantiate the use variance request. Also enclosed is a Poster which must be placed at this time either on a stake, tree, newspaper box, or other post located at 10 feet, or closer, facing the road where it can be easily seen by passersby. It is possible that Board Members will again visit the area and possibly set up an appointment to view the building(s). Very truly yours, Enclosures Linda Kowalski cc: 7.BA Chairman and Members USt varialict 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. i OWNER(S) OF RECORD: it5T or 06 DATE OF PUBLIC HEARING: 001--kvso OCTO 9 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 E b C Rk Rtflool /q bl*~) L 1 8:00 p.m. Appl. #4426- JANET SWANSON AS in size with 14,261 sfoflotarea TRUSTEE OF VIRGINIA and frontage of 68.4 ft. along I MOORE TRUST. Based upon Mesrobian (private) Drive. the September 24, 1996, No- tice of Disapproval issued by the p.m. PP Building Inspector, applicant is HENRY TRAENDLY. Based requesting two Waivers under BOARD OF APPEALS upon the July 12, 1996 Notice of Section 100-26 of Article 11 of TOWN OF SOUTHOLD Disapproval issued by the Build- the Zoning Code for an under- NOTICE OF HEARINGS ing Inspector, applicant is re- sized lot created by deed prior NOTICE IS HEREBY questing a Variance under Ar- to December 1, 1971, and an- ticle XXIII, Section 100-231 of other undersized lot created by 3IVEN, pursuant to Section 267 the Zoning Code, for approval of if the Town Law and the Code ft. deed prior to April 9, 1957• 3f the Town of Southold, the excessive height, above four i which lots are in an Estate, for fence combination as ar Trustee ownership and therefore following applications will be presently ently l9cated in the front', will be, or already have been held for public hearings before yard at 132220 0 Main Road. East the SOUTHOLD TOWN Marion, NY; County Parcel ; Joined by this hearing date, due to common f Property: Hyatt Location BOARD OF APPEALS, at the #10000-31-14-12. o Southold Town Hall, 53095 7:45 m. A 1- #4425 of Property: Hyatt (private) I Main Rod, Southold, New York P pP Road, Southold, NY; County GISELA MORCHEL. This is 11971, on THURSDAY, OC- an application requesting a Spe- Parcer #1000-50-1-12`& zone• i TOBER 17, 7996, commenc- cial Exception for an Accessory District: R-40 Residential. ing at the times specified below: Bed and Breakfast Use in the 8:05 p.m-_ Appl.__#4401- 7:30 p.m. Appl. No. 4407- applicant's residence at 26405 DAVID DEFRIEST as Tenant. HUGH and ROSEMARY Main Road, Cutchogue, NY for Mr. and Mrs. Joseph Gnozzo, as MURPHY. Carryover from the renting of three bedrooms Owners) Request for:Variance 9/19/96 and 8/21/96. and serving of breakfast to not based upon the June 3, 1996 7:32 p.m. Appl No. 4423- more than six transient roomers. Building Inspector's Notice of, ARTHUR FOSTER. Based County Parcel #1000-109-2- Disapproval under Article VIII, upon the September 18, 1996 13.5, Lot #1 shown on the Map Section 100-81A; for a Use Vari- Notice of Disapproval issued by of Ralph and Theresa Asselta l ance, due to discontinuance of the Building Inspector, applicant Minor Subdivision, with front- ! former nonconforming use as a is requesting a Variance under age along Crown Land Lane, at service station with gasoline Column iii of the Bulk Schedule, Cutchogue. This lot consists of sales evidenced by issuance of a Article III, Section 100-32 (R- 21,645 sfand is located in the R- Certificate of Occupancy. The 1 80 Residential Zone District), for 40 residential Zone district. grounds for which the June 3, approval of the substandard lot 7:50 p.m. Appl. #4427- WIL- 1 1996 action was issued are: Au- depth (and if necessary, substan- LIAM P. SCHOLL. Based tomobile rental use is not a per- dard frontage (width) along Cox upon the September 24, 1996 ! miffed use in this Limited Busi- Neck Road of proposed Lot #2) Notice of Disapproval of the ness (LB) Zone District. Loca- in this proposed cluster division. Building Inspector, applicant is tion of Property: 73265 Main Property Location: Approxi- requesting Waivers under Sec- Road, Greenport, NY; County mately 933 feet south of the in- tion 100-26 of Article 11, of the Parcel No. 1000-45-3-2. Size: 5+ tersection of Bergen Avenue, Zoning Code for (three) lots cre- acres. along the westerly side of Cox ated by deed prior to April 1957 The Board of Appeals will at Neck Road and running west- and which undersized lots have said tittle and place hear any and erly over a private right-of-way. joined due to common owner- all persons or their representa- County Parcel ID #1000-113-07- ship after July 1, 1983. Location tives in the above applications. P.!O 19, 14 (P/O former 19.6) at of Property: Bungalow Lane and Written comments may also be Mattituck,NY. Center Street, Mattituck, NY; submitted priorto the conclusion 7:37 p.m. Appl. No. 4410 County Parcel Nos. 1000-123-2- of the subject hearing. The above GARY SACKS and A. 17 1, 17 2, 18. Each if presently hearing(s) will not start before SCHLESINGER. Based upon improved with a single-family the time designated, and a few the July 16, 1996 Notice of Dis- dwelling. Zone District: R-40 1 may be carryover hearings. The approval issued by the Building Residential. files are available for review Inspector, applicants are request- 7:55 p.m. Appl. No. 4422- D I during business hours, and may ing a Variance under Article & D CYCLES, INC. as TEN- ! be reviewed for updates until XXIII, Section 100-239.413 of ANT. (Pudge Corp., Owner). about 3:45 p.m. on the date of the Zoning Code.forapprovalof This is a request for a Special the scheduled hearing. If you the proposed setback of a deck Exception under Article XXIII, have questions, please also do addition to dwelling which will Section 100-131 B(8) for permis- not hesitate to call 765-1809. oe located within 75 feet of the lion to sell, with temporary out- Dated: October 1. 1996 bulkhead (and for approval of door display of "marine items" BY ORDER OF THE deck at the northerly side yard i ref: Section 100-239.6), relative SOUTHOLD TOWS setback). Location of Property: to Unit #8 at 22355 C.R. 48, BOARD OF APPEALS 125 Mesrobian Drive, Laurel, Cutchogue, NY; Portion of Par- GERARD' VY:CounryParcel #1000-145- „el 71000-84-1-26.3. Zone: --7. This parcel is substandard Liem Industrial 1 LI i Zone Dis- B GOEHy Lind, Chairman. _ By Linda kowalsx: I X- i U, 3!96(108) COUNTY OF SUFFOLK STATE OF NEW YORK ss: Patricia C. Lollot, being duly sworn, says th,it she is the Production Coordinator, of the TRAy-- ELER WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the no- tice of which the annexed is a printed copy, has been published in said Traveler Watchman once each week for week successively, commencing on the day of . ,19.6. y Sworn to before me this .........`.................day of . . 19.7 lZua ~f -Jc 1G....... Notary Public BARBARA A. SWNEIDER NOTARY PUBLIC, State of New York No. 4806846 Qualified in Suffolk Coon Commission Expires 9131198 NOTICE OF HEARINGS `OTICE IS HEREBY GIVE-N, 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 before the SOUTHOLD TOWN BOARD OF XPPEALS at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THL`RSDAy OCTOBER 17. 1996 commencing at the times specified below, or as soon thereafter as time permits: 7:30 p.m. App?. -No. 4407 - HUGH and ROSE MURKY ILRPHY. Carryover from 9/19/96 and 8/21/96. 7.32 p.m. Appl. No. 4423 - ARTHLB FOSTER. Based upon the September 18. 1996 Notice of Disapproval issued by the Building Inspector, applicant is request a Variance under Column iii of the Bulk Schedule, Article III, Section 100-32 (R_80 Residential Zone District), for approval of the substandard lot depth (and if necessary, substandard frontage (width) along Cox -Neck Road of proposed Lot #2) in this proposed cluster division. Property Location: approximately 933 feet south of the intersection of Bergen avenue, along the westerly side of Cox Neck Road, and running westerly over a private right-of-way. County Parcel ID 41000-113-07_P/0 19.14 (P/O former 19.6) at Martituck. NY. 7:37 p.m. apps. No. 4410 - GARY SACKS and A. SCHLESINGER. Based upon the .July 16, 1996 Notice of Disapproval issued by the Building Inspector, applicants are requesting a Variance under article `CYIII. Section 100-239.4E of the Zoning Code, for approval of the proposed setback of a deck addition to dwelling which will be located within 5 ?ees ~~r'the bulkhead land for approval of deck at the northeriv side vary setback;. Location of Property: 125 Mesrobian Drive, Laurel, NY; County Parcel #1000-145-4-7. This parcel is substandard in size with 14,261 sf of lot area and frontage of 68.4 ft. along Vlesrobian (private) Drive. 7:42 p.m. Appl. No. 4421 - HENRY TRAENDLY. Based upon the July 12, 1996 Notice of Disapproval issued by the Building Inspector, applicant is requesting a Variance under Article XXIH, Section 100-231 of the Zoning Code, for approval of excessive height, above four ft. for a berm-fence combination as presently located in the front yard at 13220 Main Road, East Marion, NY: County Parcel 41000-31-14-12. 7:45 p.m. Appl. No. 4425 - GISELA MORCHEL. This is an application requesting a Special Exception for an Accessory Bed and Breakfast Use in the applicant's residence at 26405 Main Road, Cutchogue, -NY, for the renting of three bedrooms and serving of breakfast to not more than six transient roomers. County Parcel 41000-109-2-13.5, Lot 41 shown on the Map of Ralph and Theresa Asselta Minor Subdivision, with frontage along Crown Land Lane, at Cutchogue. This lot consists of 21.642 sf. and is located in the R-40 Residential Zone District. 7:50 p.m.. Appl. No. 442 - WILLIAM P. SCHOLL. Based upon the September 24. 1996 Notice of Disapproval of the Building Inspector, applicant is requesting Waivers under Section 100-26 of Article H of the Zoning Code for (three) lots created by deed prior to April 1957 and which undersized lots have joined due to common ownership after July 1, 1983. Location of Property: Bungalow Lane and Center Street. Mattituck. NY: County Parcel Nos. 1000-123-2-17.1, i".2. 18. Each if presently improved with a singie-famdv dweilinz. Zone Distrie:: • 8:00 p.m. Appl. No. 4426 - JANET SWANSON AS TRUSTEE of VIRGINIA MOORE TRUST. Based upon the September 24, 1996 Notice of Disapproval issued by the Building Inspector, applicant is requesting a two Waivers under Section 100-26 of Article lI of the Zoning Code for an undersized lot created by deed prior to December 1, 1971, and another undersized lot created by deed prior to April 9. 1957, which lots are in an Estate/Trustee ownership and therefore will be, or already have been joined by this hearing date, due to common ownership. Location of Property: Hyatt (private) Road, Southold, NY; County Parcel 41000-50-1-12 & Zone District: R-40 Residential. 3:05 p.m. Appl. No. 4401 - DAVID DEFRIEST as Tenant. (Mr. and Mrs. Joseph Gnozzo, as Owners.) Request for Variance based upon the June 3, 1996 Building Inspector's Notice of Disapproval under Article VIII, Section 100-81:x, for a Use Variance, due to discontinuance of former nonconforming use as a service station with gasoline sales evidenced by issuance of a Certificate of Occupancy. The grounds for which the June 3, 1996 action was issued are: Automobile rental use is not a permitted use in this Limited Business (LB) Zone District. Location of Property: 73265 Main Road. Greenport, NY; County Parcel No. 1000-45-3-2. Size: 5+ acres. The Board of appeals will hear any and ail persons or their representatives in the above applications. Written comments may also be submitted prior to the conclusion of the subject hearing. The above hearing(s) will not start before the time designated, and a few may be carryover hearings. The tiles are available for review during business hours, and may be reviewed for updates until about 3:45 p.m. on the date of the scheduled hearing. If you have questions, please do not hesitate to call 765-1809. Dated: October 1. 1996. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS Gerard P. Goehringer. Chairman By Linda Kowaisi:i Gerard P. Goeringer, Chairman 3~99.i Town of Southold Board of Appeals C Town Hall, 53095 Main Road !~ncCp \ Post Office Box 1179 J Southold, New York 1 197 l RE: Variance Application # 4401 (Rent A Wreck, Greenport) Dear Mr. Goeringer and Members of the Board; I am writing iL support of th variance aj)plication for the car rental facility known as "Rent A Wreck" on the Main Road in Greenport. As published in the November 7 issue of The Traveler Watchman, this is application # 4401. The services provided by this commercial venture are a valid and valuable addition to the community. Car rental is not presently available in the Greenport environs, which serves Orient and Shelter Island as well as the Village. Both residents and visitors benefit from the accessibility of affordable automobile rental, which allows mobility in and around the area not previously attainable on the North Pork. Additionally, "Rent A Wreck" occupies a previously vacant. commercial space with a distinct automotive heritage. This successful car rental business adds a new venture to the tax rolls now diminished by a spate of recent business closings in the Village. As a benefit to the residents and to the Village as a whole, I support the approval of this variance and the continuance of the "Rent A Wreck" business. Respectfully, Ot.y J'J"~ Page 33 - Transcript Hearings Regular Meeting of July 24, 1996 Southold '['own Board of Appeals 8:08 p.m. Appl. No. 1.101 - DAVID DEER,lvs'I' (as Tenant). (Owners: Mr. and Mrs. Joseph Gnozzo). Request for Variance based upon the June 3, 1996 Building Inspector's Notice of Disapproval under Article Vlll, Section 100-81A, issued on the Following grounds: Automobile rental use in not a permitted use ill this limitod Business (LB) Zone District. Location of Property: 73265 Main Road, NY; Comity Parcel #1000-45-3-2. Size: 5+- acres. Patricia J. Moore, as Attorney. CHAIRMAN: t have a copy of an original survey from Roderick Van 'I'uyl pc, which is dated January 25, 1983. 1 have some pieces of that survey copied, and I have a copy of the Suffolk County 'Fax Map indicating this and surrounding properties in the area. Ms. Moore, how are you tonight? PATRICIA MOORE ESQ. Fine thank you. Let me just do some bookkeeping with Linda for a moment for your records. SECRETARY LINDA KOWAI.SK1: Ok, for disclosure. PATRICIA MOORE ESQ: I'm very pleased to be here this evening, and ['m representing Mr. Gnozzo who is the owner, operator of Rent-A-Wreck. Mr. DeFriest is here this evening as well, and hopefully between all of us, we can answer whatever questions you might have as we go along, and I make this presentation. Before I start I'd want to say that. (quite a surprise, that Mrs. McElroy who lives to the East of this property, submitted a very nice letter that I would like to read into the record. It says: Kindly note that my property is adjacent to Rent-A-Wreck. I world like to say that it's a nice clean respectable quiet business. I'm happy to have them as neighbors. I hope the 'town will grant them continued access to the adjoining property. Thank you, Sincerely Mrs. McElroy PATRICIA MOORE ESQ: Now, 1 will present that to you for the record. I'll do it all at the end. Just to start off with. I'm going to give you a little tour of your memory land, because sonic of these facts I was learning, as 1 was researching the History of this parcel. Some of Ihese, you could probably add to, because you know, some of you have been here longer than you'll probably care to say. CHAIRMAN: Or admit to. Page 31 - Transcript Hearings Regular Meeting of July 24, 1996 Southold Town Board of Appeals PATRICIA MOORE ESQ: Or admit to, that's right. The property right now is zoned limited business. It's a pie shaped parcel. It has preexisting residences on both sides, and the parcel itself has, the building where rent-a-wreck is currently renting that is partly residence, and partly commercial. And then to the West, on the same property is a cement block building. The property has a CO and it was dated, or it is dated June 1, 1979. It's described as a business building in parenthesis, service station, and accessory structure in parenthesis, repair shop. So we have presently a CO. Now, the trip Ilirough memory lane. In 1960 as I understand it, a harry Bubb owned and operated a gas station there, and that's when the pumps were in the front under the canopy, or by the canopy there. Then, it's a mystery because f couldn't get auyono to tell me anything more. But in May of '78, a Mr. Cataldo family sold it to, I guess within the same family or another Cataldo, and there was in the Building Departmeut's records, a housing code inspection that said. The dwelling that had the service station with a portico over the gas pumps, it was sound precision, which I seem to recall in my History period. It was an auto repair place, and it was in a cement building on a slab. The house was in terrible disrepair, and it had numerous violations on the sanitary code and the building code. It was not in good shape. Then the property in '79 was sold to a Moritz. The cement building based on the Assessor's records. There is a picture of the cement building, and it shows the Lawn Mower Repair Sales and Service, that was clone on that property. Then in '81, Sonny Brown made an appeal to your board, and you have a decision in your file, that he requested an auto repair business with certain conditions, that were imposed by the Zoning Board at that time. In '83, the Gnozzo family ( ) they asked to reinstate the residence and again, that was with certain conditions on it. That appeal was made to the Zoning Board, so you have that in your record. While the Easterly structure was used as a residence, and maybe to a certain extent commercial. There was a continue used of the cement building as a commercial property. Do you have questions because I know that--? MEMBER TORTORA: I don't have a copy of the Zoning Board, '83 decision. PATRICIA MOORE E'SQ.: Oh that's right, ok. Linda I know has that in there, but I have a copy as well. MEMBER TOR,TORA: Yes Page 35 - rranscripto Hearings Regular Meeting of July 24, 1996 Southold Town Board of Appeals PATRICIA MOORE ESQ: Then in 1988, Mattituck glass window and - they do glass works obviously, windows repairs and automobile glass sold, service and installed at this location. Then we push ahead to 1995, and Chesterfield Associates who are contractors. They were rebuilding the East Marion Causeway, used the property for their office and command center, and possibly was in storage of their equipment there. CHAIRMAN: The office or the house, Pat? PATRICIA MOORE ESQ: Well, it's the house. MR. UEFRIEST: It's the building that we're operating to renovate that now. PATRICIA MOORE ESQ: That same building. SE(-'RETAR,Y LINDA KOWALSKI: For the record we need to have the names of the speakers? PATRICIA MOORE ESQ: I'm sorry. SECRETARY LINDA KOWALSKI: That's all right. PATRICIA MOORE ESQ: That was answering for me, and I'll put it on the record. Mr. DeFriest points out that, the Chesterfield Associates, the contractors were operating from the part of the property that Rent-A-Wreck is now renting. So, you can see that there is numerous uses on this property, and they kind of, over time been o variety of uses that were sales, repairs. CHAIRMAN: Just so we're going in a direct line here. PATRICIA MOORS ESQ: Sure. CHAIRMAN: Who are living in the house uow? MR. Joseph Willsey: I stay in the house probably three nights a week. CHAIRMAN: He is who, in Rent-A-Wreck. MR. JOSEPH WILLSEY: I am the principal. CHAIRMAN: You are the principal in Rent-A-Wreck, ok, and you utilize the cement block building for what? MR. JOSEPH WILLSEY: For storage of cars. Page 36 - Transcript0 Hearings Regular Meeting of July 24, 1996 Southold 't'own Board of Appeals CHAIRMAN: Storage of cars. What is done in the cement block building? MR. JOSEPH WILLSEY: Storage of cars. CHAIRMAN: Is oil being changed on the cars. MR. JOSEPH WILLSEY: No, 1 do all that work. I have a big shop in Middle Island. CHAIRMAN: I see. PATRICIA MOORE ESQ: We'll get into all of that. MR. JOSEPH WILLSEY: I do no service CHAIRMAN: I just had to figure this thing out. PATRICIA MOORE FSQ: That's all right. If it will help it along the way. MR. JOSEPH WILLSEY: I have two buildings in Coram and Middle Island, where I use CHAIRMAN: So you just bring the cars out here. PATRICIA MOORE ESQ: I'll get into what they specifically do, ok. CHAIRMAN: Oh. PATRICIA MOORE ESQ: Now I'll get into my legal argument, which you knew at one point or another, I was going to bring in. Under Article 24, on the nonconforming use section. It says, that 11011-conforming use, regardless of the change of title, possession or occupancy, has the right thereof, may be continued indifferently and then cease as, but shall not be changed to another nonconforming use without approval of the ZBA, and then only to a use which in the opinion of the board, is of the same or more restricted nature. That's one argument in favor that, I think you could use in favor of granting this application. ']'his property as 1 pointed out, the History has been commercial uses. It's been automobile related uses, car service station, gasoline, car repairs. The automobile glass repairs. It's been retail sales. Automobile items were sold. Lawn mowers were sold service, mirror and glass were sold. So, we've got now two uses that have been continuing at various times throughout it's History. After Rent-A-Wreck, what do they do? They rent cars, they don't lease them, because he explained to me. Honestly, I Pale 37 - Transcript Hearings Regular Meeting of July 24, 1996 Southold Town Board of Appeals didn't realize that there is a big difference. But renting versus leasing. Leasing is for long term. Renting is for short term. Anything under a month. MR.. JOSEPH WILLSE:Y: A month. PATRICIA MOORE ESQI: Oh. These cars are licensed, they're insured, they're registered and they're inspected, all right. He does no repairs, no sales of any cars from this site. The cars need- ing repairs are transported from the Middle Island shop, which - he has a very elaborate shop in Middle Island, where he brings his drivers. The drivers, he's got numerous drivers that brings the cars out, and then when the cars are distributed in the community, and they're returned. The cars are returned to Middle Island, because tJtcy're serviced and maintained there. So, there is no concern about any kind of automobile repair, we're servicing at this location. The types of conditions that you see in Sonny's Brown's appeal, I went over with Mr. Willsey and I said. Well, do you do any major repairs? No, so he can bide by that condition. Are there any automobile parts dismantled, or damaged vehicles stored out in the open? No, and you would certainly not intend to do that. Are the parking area's property located? Well, he's tried and to the extent that, if the Planning Board deems necessary with a site plan, can be modified. But, at most they're approximately six to eight, no more, cars that are on display there, because there is a turnaround, and tliey do get them generally out into the community right away. 'T'here is a need. Are there vehicle lifts or pits within the building? I don't think that they are there anymore. So, they're not intending to use the inside of the building for that either. They're no sales of gasoline. The gas pumps have been removed a long time ago, and they'll be no automobile sales. He doesn't intend to sell those cars, or operate a used sales car lot there. The surrounding uses have not changed properly in about 40 years. I'm guessing, but in that time, 1 don't think anything changed in that area. That is a pretty stable commercial area that, the use of their R Industrial business uses. The zoning was B1, and for some reason it was identified as LB, but LIO is, I think within. It's right down, not. far, now I remember Across the street is LIO. I knew I was visualizing this. LIO is across the street, and within 1500 feet of B zoning. So this piece is the only LB zoning. Ilis office, the Rent-A-Wreck site presently operates as an office. It's the command center where people call in, and many times when I was calling him, i didn't know where I was calling. Whether I was calling Greenport or Middle Island because, when there's no one in that office, all the calls get forwarded to Middle Island and it's really just a satellite business office, and the rental of the pale 38 - Transcript Hearings Regular Meeting of July 21, 1996 Southold Town Board of Appeals cars, it's a distribution center. Again, when the cars are When he takes requests for rentals, either through Middle Island, or office here. Ile says ok, so and so wants a car, and he distributes the cars out. So there's really no It's mostly a business office. My socond logal argument is that, it is a permitted use raider the zoning district. The business office is a permitted use. That's what he has. The retail sales is an accessory supplemental usc, Ihat's permitted in the zoning district. I believe from previous interpretations that you have with Taylor Rental. You said in the past, hcy, rent or buy. In retailing you can buy, you can rent because it's .just a form of ownership, and as long as it's not the predominate use there, and it is supplemental, the office is the primary use, and then the rental is his inventory, that's what-. What kind of people are asking for these Rent-a-Wreck. Now, if these were Mercedes-Benz or porches, well maybe they wouldn't rent wracks. Maybe rent fancy cars and there would be alol more. But he has the used cars. He has 90 cars in his fleet at Middle Island. He owns or leases his own repairs shop in Middle Island, and then he has it flatbed truck which he owns, which transport all these vehicles. That's why I'm sure that he is not going to operate any repairs at that site, because he's already paying for it and has his who infrastructure set up in Middle Island, and this Southold office is a satellite office.. He fulfills a need in this community because his rentals are for daily rentals for boaters. When the boaters come in and they want to get around and tour the North Pork, this is the best way to do it. Is the rental of a car for a day, or a week, or however long our visitors are here. Sometimes lie gets visitors that want to visit Tanger Mall or Splish Splash, and they go off and do that. Ile has one that certain people in the community have rented. One person that I got this story from your office manager. Her husband had to go to Sloan bettering and they wanted to get a larger vehicle to give him a comfortable ride, because it was a long ride. from here to the medical facility. So, there are people here in Town that need that service as well. There is apparently, advertising his service here. 'there is free pick up at the for the customers at the Perry or the Bus or the 'train, or their personal homes. So, you don't really have clot of parking needs there, because most people, if they need it, obviously they have a car, they wouldn't need it. They wouldn't need to rent one. So it's typically, they would have to go mid rent the car to the person wherever they are, that the cur, that the person is waiting for. Palo 39 - Transcripto Hearings Regular Meeting of July 24, 1996 Southold Town Board of Appeals As far as employees. There are 10 permanent employees with no more than one or Iwo employees on the East 1?nd. There are 10 permanent in his Middle Island office, with one or two maximum here, and it's usually you or your office manager, right. The drivers, he has drivers that are typically on call, and depending on the need, and they come again from Middle Island and deliver the cars and return the cars. Le's see. CHAIRMAN: flow many cars Pat could we expect? I know you were talking about six cars. How many cars could we expect to see, at a Max on display at one time. PATRICIA MOORE ESQ: Six to eight. CHAIRMAN: Six to eight. And you said the Planning Board is going to deal wills the site plan aspect? PATRICIA MOORS E.SQ: I have again, depending on what you say. I would go back to the Planning Board and show them what's there, and whelhcr they feel it can be accomplished through his own voluntary efforts through a waiver, or they make him go through a cycling process. But there's very little you can do with that properly. It's been like that forever, and really what he wants to do and held back on doing, is make the property look nicer. They've been wanting to paint it, and they started painting it, but obviously as a tenant, when your length there is, at this point questionable, he was unwilling to invest clot of money in making the place look nice. But yes, he does intend to for his own benefit and business, to make the place look nicer. CHAIRMAN: OK. PATRICIA MOOR1' ESQ: So backtracking a little bit, this use could be permitted with respect to the nonconforming nature of this converted to another nonconforming use. If you believe that the code right now, would not address it or allow it. I think in reading the code that, his use is permitted by the business, the professional business office definition, or description of the code which is: 211, 181211 and then the retail use is supplemental to the service business estnblishmcnl, and again that's his rental of his inventory. So, I think that you can see that it fits within the definition. But if you don't like that, or if you need something else to hang your hat on, I want to give you something else which is. That the nonconforming, converting to a nonconforming to another, which is a less intensive use, that has been Historically been on that property. If you have any questions, I'd be happy to CHAIRMAN: How is Mr. DeFriest involved? Page 10 - Transcript o Hearings Regular Meeting of July 24, 1996 Southold Town Board of Appeals PATRICIA MOORE ESQ: Mr. DeFriest, well I'll start and you can introduce anytime. Mr. DeFriest at one time had planned on doing a business there, and then I guess at one point or another you offered to buy the property releasing the ( ) DAVID DEFRIEST: Right, T was some PATRICIA MOORE ESQ: Ok, come on and answer. You know you can. DAVID DEFRIEST: In 1991 1 rented the facility. In 1991 or 1990 I was reeling from Joseph Gnozzo, the big block building, and I was going to try to do the used car business, the same thing Mr. Goodale is doing in Mattituck. I ran into the same obstacle he did. But I didn't pursue it, so I got out, of there at that time, and then I've always kept in touch with Mr. Gnozzo and now I've entered into a lease agreement., with an option to buy the facility, the five acres. So for me, it's to my advantage. The reason I want to get this is, because for my investraetht I'm going to have there. This is the best situation to rent it. out as a business, as opposed to a residence. So right now, I lease it with an option to buy, and I have two years to exercise that option. CHAIRMAN: So you're very simply, leasing it to him. MR. DAVID DEFRIEST: Well yes, he's my tenant. Right. PATRICIA MOORE ESQ: A subtenant subsequently is using it. SECRE'T'ARY LINDA IiOWALSKI: I just wanted to ask. Is he using the property at all under the lease, separately from the subtenant? PATRICIA MOOR.E ESQ: Are you using it? MR_ DAVID DEFRIEST: Mr, no I'm not. I have another tenant in the block building. That's what I started to say earlier, then I didn't say anymore. I have a tonant there whose storing cars. Joe is nol storing cars there. CHAIRMAN: Right. sECRI?TARY LINDA KOWALSKI: OK CHAIRMAN: He's not utilizing that building at all. MR. DAVID DEFRIEST: No. And then there's the little block building in the back, that kind of mine. At this point I haven't done anything with it. All I've done is clean it out, and it's going Page X11 - Transcript.* Hearings 10 Regular Meeting of July 24, 1996 Southold '['own Board of Appeals to be painted, and you know, put a new roof on it. I did that alreadv. CHAIRMAN: Are these antique cars that are being stored or are these regular cars? MR. DAVID DEFRJEST: Regular cars, some older ones. I have a Mercedes in there, an older Mercedes and antique gas pumps in there. It's basically just for storage. CHAIRMAN: Ok, no business being operated? MR. DAVID DEFRIEST: Not to my knowledge. CHAIRMAN: Ok, thanks. Yes. PATRICIA MOORE ESQ: It's also to my understanding, with respect to the house. Now, you've heard from one tenant, excuse me. Owner of the house to the East, whose in favor. The house to the West I understand, may be in foreclosure, so it's a difficult area. CHAIRMAN: Good, we'll start with Mr. Villa. MEMBER, VILLA: Basically, you said your clients would be agreeable to all kinds of covenants or agreements, basically that there be no repair work or all of that. So that we could put that into the decision. PATRICIA MOOR,E ESQ: That's right, yes. MEMBER VILLA: 1s there any thoughts In other words you're saying, six or eight cars. Do you have to have them all in the front of the building? I know you have two on the side, on a sketch but Mr. Well, when people come in to park you can't tell people where not to park or where to park. If you want less in front of the building, I can try to keep it down, if that's what I have to do. MEMBER VILLA: That's what I figured. PATR,ICIA MOORE ESQ: On one of the displays. Mr. Display. I display six cars all the time. Not all the time, if I drop the cars in. MEMBER VILLA: I mean, do you feel you need cars for display? Mr. No, I don't need six. Page 42 - Transcript Hearings Regular Meeting of July N, 1996 Southold Town Board of Appeals Mh:MBER VILLA: Because you have a big piece of property. I was just wondering if you could just minimize the impact in the front. Mr. I do not lease the whole property. I only lease part of it. SECRETARY LINDA KOWALShI: What part of it do you lease? Mr. Just an area that surrounds the building. Basically where you have that picture that you mentioned, where it shows ( ) parking behind the building. MEMBER VILLA: Right. Mr. : Ile leases that little space back there, and the entire building in the front. CHAIRMAN: You're referring to the house, as the entire building. Mr. Yes CHAIRMAN: Right MEMBER VILLA: And some dividing line between that and the concrete building. Mr. Right MI?MBER VILLA: Because it's showing CHAIRMAN: That's a common driveway. Mr. . Oh yes. The concrete building, the big one. I was thinking about the little one here. But, the little concrete building in the back, he leases from basically the building to the right of that, and the whole entire building where his office is. MEMBER VILLA: Because it shows two rental cars to the side of that building, which would be the West side. Mr. Yes MEMBER, VILLA: I was just wondering if you couldn't just line them up in there, rattier then in the front. Mr. It would be hard because that's a common driveway for the other man. MEMBER VILLA: Ok. Page 43 - Transcript TV Hearings Regular Meeting of Judy 24, 1996 Southold 'Down Board of Appeals SECRETARY LINDA KOWALSKI: Where is the common driveway. CHAIRMAN: Between the two buildings. SECI?ETARY LINDA kOWALSKI: You mean the two buildings. Mr. Excuse me. CHAIRMAN: Common driveway, between the two buildings. Mr. Yes CHAIRMAN: Ali(] you can't stop the person from going in and out, and using the concrete building so. The driveway has got to remain open. Mr. Yes CHAIRMAN: OK, Mr. Doyen. MEMBER DOYEN: No CHAIRMAN: Mrs. Tortora? MEMBER 'fORTORA: Yes, the problem I'm having here is simple. I viewed it as a used variance. The use, is not a permitted use, and any district except a B zone by Special Exception, as a accessory to a car dealership. '['his is part of the code I'm reading. You're suggesting that the rental of cars is accessory, is what your suggesting. PATRICIA MOORE ESQI: Well, it primarily a satellite office. It's a business office as a permitted I'm trying to find under the present code, if any of the provisions, if it could fit under any of the provisions. There is no definition of business office in the code, and what he's doing essentially is, operating a business, a satellite business, taking in orders, and paper work essentially. Which is what I think of a business office doing, with his inventory being out there. With his cars being out there as his inventory, that it's again it's supplemental to the office use. So MEMBER. TORTORA: The office use is primary use. PATRJCIA MOORE. ESQ: Primary use. MEMBER TORTORA: For the rental of PATRICIA MOORE. ESQ: For the rental yes, because really, there is not definition of, other than the paragraph that you sight cinder Page 14 - Transcript Hearings Regular Meeting of July 24, 1996 Southold Town Board of Appeals bUNinoSS notice. That's the only place I could find anything relating to car rentals. But it talks more like leasing, rather than. It's the sale and lease of vehicles. I'm not sure it was ever though of, when the code was written because, if other people had thought of this use they probably would have already started operating in the '['own. It's similar to Taylor Rental where, you have a inventory of things. It could be lawn mowers, it could be soups. It could be anything, and you rent it rather than sell it. MEMBER TORTORA: I'm not questioning that, I'm just questioning, whether we should be looking at the code for use variance, and whether you client has looked at any of the other permitted options, in that district. That was one of the things I wanted to know, and the other thing I wanted to know is. You mentioned that this used to be a B district. Do you know if that was changed in 1989? PATRICIA MOORE ESQ: It was done in 1989. MEMBER TORTORA: So after 1989, it has not been used for anything but office, Chesterfield Associates I believe. PATRICIA MOORE ESQ: No, it was a lawn mower was it. MEMBER TORTOR,A: That was prior to PATTRICIA MOORE ESQ: It was ( ) Lawn mower and Sales. MEMBER TORTORA: That was 1979 according to what you said. PATRICIA MOOR.E ESQ: Now wait a second. Let me see. Oli, thereabout 1988 is what I had as Mattituck Glass & Window, and Auto Glass sold. Based on the photograph that's in the Assessor's Office that has a date on it. But, whether it was continuing after that date, is in that range. It's in that period of time. MEMBER TORTORA: What I'm trying to gel at is. After the zone was changed there, has it at any time been used for anything other than a husiness office, without a Special Exception permit in the Zoning Board of Appeals. PATRICIA MOORE ESQ: Other than a business office, you're said. MEMBER TOR.TORA: Other than this Chesterfield Associates. PATRICIA MOORE ESQ: Of Mattituck Glass, Window & Glass, sold service, and installed. MEMBER TORTORA: And how long did they use that, until '88 or after. Page 15 - Transeripliof Hearings Regular Meeting of July 29, 1996 Southold Town Board of Appeals I'A'1'ILICIA MOORE 1?SQ: No, I'm just saying that '88 is when, I have reference that they were there. CHAIRMAN: Were they there in '91, when you starting leasing? MR. Well I'd like to sidetrack a little bit. The glass was actually in the block building, in the bigger building, but it's on the same property CHAIRMAN: Hight MR. Yes, I took over that building when they vacated it. CHAIRMAN: Ok. That was the question. So that was vacated around 1991. MR. : Right MEMBI?R VILLA: So, they were under a preexisting nonconforming, at that time. PATRICIA MOORE ESQ: Right MEMBER TORTORA: So from '91 to 95. PATIZICIA MOORS ESQ: no '88. MR. See I was in there, like I said. I tried to do an ,into sales business, and the Town code doesn't permit it. I didn't want to go pursue it, so I decided to give it up, and that's when Greg Standish, he rented it. I told Joe Gnozzo, and this guy just took over when I got out of there, and then lie started storing cars, and he's been there ever since. CHAIRMAN: But the issue that Lydia is asking for. What was it used as, post 1989? MEMBER TORTORA: Post MR.. : 1 don't think anything, other than. I know the Chesterfield Associates rented it from Joe Gnozzo, because he was the owner. CHAIRMAN: Yes, but Mattituck Glass was there until 191. PATRICIA MOOR]E ESQ: Right, so it would have been posted zoning, posted zone change. CHAIRMAN: Yes, that's what you wanted to ask, yes. Page 46 - TraIlse riptq Hearings Regular Meeting of July 24, 1996 Southold 't'own Board of Appeals PATRICIA MOORE ESQ: Yes, right. CIIAIR,MAN: That's the reason why 1 jumped in, in the middle of this. MEMBER TORTORA: 'I'll(, time frame in this, of whether it was dis CHAIRMAN: I think we're trying to figure out. If the nonconforming use was conlitnted or not. PATRICIA MOORE ESQ: Right SECRETARY LINDA KOWALSKI: Mattituck Auto & Glass was a business office, with telephone sales, right CHAIRMAN: And repair. PATRICIA MOORP' ESQ: And repair, and sold retail. Apparently their description on their sign was, "Sales, Repairs, for Automobile, glas!;. Everything SECRETARY LiNDA KOWALSIiI: Glass CHAIRMAN: They did glass, mirrors, every, all kinds of glass SECRETARY LINDA KOWALSKI: They replace windows and glass. PATRICIA MOORE ESQ: Right. They did autos, they did repairs. Essentially, they covered all the zoning criteria, like retail office, you know. MEMBER TORTOR.A: They were the continuing nonconforming use. PATI?ICIA MOORE ESQ: Right, but the intend was never to abandoned any use there, that was retail or office. Based on what I found as far as the history of the property. It always been maintained and continued, but that's been the intent of the building. 'f'ile building really can't sustain anything other than a commercial Ilse there. A house is not a very I think you also have another alternative, and that is. To change to another nonconforming use, which is a less intensive use, based on everything you've heard about how he operates his business. So, it's much better than if it were an automobile repair rental of vehicles or auto sales or rental because, it's much less intensive. Sales and rentals would imply repairs and all the other thing that go along with the selling of parts. So, like Mullen Motor. I'm just thinking Mullen Motors. Some of the other car places. There's a certain amount of repair work that's done on the premises. Page -17 - TranscrilAr Hearings Regular Meeting of July 24, 1996 Southold Town Board of Appeals MEMBER TORTORA: When was that Rent A Wreck formed? MR. The franchise. CHAIRMAN: It is a franchise. MEMBER. TORTORA: It is a franchise. MH. Yes, it is a franchise. It's been in existence about 27 N'ea rs. MEMBER TORTORA: So this is the spot where it's located, its a franchise. MR. Worldwide. CHAIRMAN: It is a franchise. MR.. It is a worldwide franchise. MEMBER TORTORA: Ok. CHAIRMAN: While you're there Mrs. Moore. Is there anybody else that would like to speak in favor or against this application? Seeing no hands. MEMBER VILLA: Could I ask another question? CHAIRMAN: Sure MEMBER VILLA: I notice in the paper where the lease is going to be up in August. It only goes until August of neat year, I'm sorry '97. Now PATRICIA MOORE ESQ: The DeFriest's. MEMBER VILLA: Well, the lease in here. PATRICIA MOORE ESQ: That would be the DeFriest's. I'm Irying to remember what you have in your file. MR. DEFRIEST: Is there something in there, where there is an option I believe, to renew it. One for 18 months with a If I still needed more time, they would give me another eight months, or another six months rather, which would make it two years. Basically it was for me to get financing. But if I can't do this, can't do a commercial rental there, maybe I won't pursue the purchase of it anyway. Page 18 - Transcript I. Hearings Regular Meeting of July 21, 1996 Southold Town Board of Appeals CHAIRMAN: And then Mr. ( ) would go to another site, and he'll he back here again. PATRICIA MOORE ESC : He really likes that spot. Apparently, location wise, for Greenport. It's really becoming a tourist area, with the Marinas and so on. The others area is working out ( ) CHAIRMAN: Right, so. MEMBER VILLA: Well, basically the question I had was that. It soems liko a short. term thing, but if this gets approved, you Mr. Del'riest would buy this, and you in turn would go into a long term (case with Budget Rent A Car. PATRICIA MOORE ESQ: Right. CHAIRMAN: Now, this is the only lease that exists on the property, except for the agreement you have with the person that's renting the cemeol block building? SECRETARY LINDA KOWALSKI: There's another lease, right? CHAIRMAN: There's onollier lease. SECRETARY LINDA KOWALSKI: With the cement block building. MR.. I don't have a lease with him though either. CHAIRMAN: It's month to month. SECRETARY LINDA KOWALSKI: It's oral. MR. Yes. CHAIRMAN: So, this is the only lease that covers this entire piece of property right now, to your knowledge. SECRETARY LINDA KOWALSKI: The only written lease. CHAIRMAN: The only written lease. MR. : Right. MEMBER VILLA: Now do we have to address two uses on this one piece of property. SECRI?'TARY LINDA IiOWALSKI: It's five acres so. Page 19 - Transcriptfof Hearings Regular Meeting of duly 24, 1996 Southold Town Board of Appeals ('HAIRMAN: No, we're going to draw a line down and say this is A side, and this is B side, and that's it. Very easy, it's the way I do it in everything I deal with, up West some. PATRICIA MOOR: ESQ: ( ) CHAIRMAN: And it' it's not on there, I'll take spray paint out and spray it on there, and then it's sketched in. PATRICIA MOORE ESQ: ( You can't cross the car. You can't cross you leg under that line. CHAIRMAN: Usually, I give the tenants an options. Would you like A, B, or C. PATRICIA MOOR.E ESQ: Yes, if you have any options. Would you like to ( CHAIRMAN: No, the only option I have Ms. Moore is to close the hearing, and reserve decision. So, you can stay around and we'll be agonizing over this in a short period of time. Ok, hearing no further comment, I'll make a motion reserving decision until later. MEMBER VILLA: Second CIIAII?MAN: All in favor? (AIL ayes. ) l MATTER OF BOARD OF COMMRS. OF GREAT NECK PARK DIS F V BOARD OF ZON NCi _ & APPEALS OF'rOWN OF N. HEMPSTF_.AD [198 AD2D 464, 591 NYS2D 501 In the Mallet of Board of Commissioners of Groat Neck Park Diso icl, Respondent. v Board of Zoning and Appeals of Town of North Hempstead. Appellant. Second DepailmenL (December 7. 1992) SUMMARY In a proceeding pursuant to CPLR article 78 to review a determination of the Board of Zoning and Appeals of the Ttio n of North Hempstead, dated April 11. 1990, which granted an applicalimn for a use variance, the Board of Zoning and Appeals of the Town of North Hempslead appeals from ajudgment of the Supreme Court, Nassau Coonly (Burke. J.), dared October 10, 1990. which granted the pelilion and annulled the determination. Ordered that the Judgment is affirmed, without costs or disburscmcnl.s. Contrau~ to the appellant's contention, we find that the proposed conversion of a retail store Ina Chinese food lake-out restauranl conslimled a change of a nonconforming use for which a variance was required ender the lown's zoning ordinance (see, North Hempslead Code § 70-208: Town of Somerset v Perrv. 115 AD2d 313, affil 67 NY2d 1014; Cilv of Buffalo v Roadw-av Ti. Co_ 103 NY 453: cf., Brener v Incorporated Vil. of Thomaston, 98 AD2d 785). We further reject the appellam's contention that it properly granted the applicant a use variance permitting the store to be converted lo a lake-out restaurant. Although a use wariauce maq be granted upon proof of "unnecessary hardship", in order to establish such hardship the record must show, inter ahia. that the land in question cannot yield a reasonable return if used only for a purpose allowed in the zone in which it is situated (see. Matter of Village Bd. v .)arrold. 53 NY2d 254, Mahler of Crossroads Recreation v Broi, 4 NY2(139). Morwver, lilt is nor well recognized by the courts of this State that in order to show that the land in question cannot vield a reasonable rate of return, an applicant must show proof'in dollms and cents form %%hich demonstrates Thal no <Pg. 465? permissible use will yield a reasonable rare of return, and (lisp conchusouY Icslrnrony of wilnesses. unsupphe!nented by such proof, is insulTciau" (Matter of Millope Corp. v Zoning Bd. of Appcals. 194 AD2d 565, 5W Matter of D'Alessandro v Board of Zoning & Appeals. 177 AD2d 6194; Matter of Town Bd. v Zoning Bd. of Appeals. 161 AD2d 647). Since (he record here is devoid of any evidence "in dollars and cents form" of the applicant's inability to realize a reasonable return under existing permissible uses, there is no rational basis for (lie appellant's finding (hat (he premises would not yield a reasonable return absent the grant of a use variance. Accordingly, we find that the Supreme Court properly granted the pe(ition and annulled the appellant's determination. Mangano. P. J., Thompson. Eiber and Ritter. JJ., concur. BIENER V THOMASTON j99 AD2D 785, 470 NYS2D IGj I: tl 1 Marlin B. Biener et al- Respondents, v Incorporated Village of y ( ~ Thomaston. Appellant T' r n Second Department f fir! December 27, 1983 SUMMARY I r In an action, inter alia. I'm a declaralorv judgment. defendant appeals from n judgment of the Supreme Court, Nassau Comm n(Murphy. 1.), daled November 3. 1982, which. filer alia, declared plainlif s use of the property in question to be it legal nonconforming use. and permanently enjoined defendant front prosecuting plaintiffs for their alleged illegal operation of a car wash. Judgment modified, on the law, by deleting the fourth <Pg. 786> decretal paragraph which permanently ct(joined defendant from prosecuting plaintiffs for the illegal operation of a car wash. As so modified, judgment affirmed. without costs or disbursements. The instant action involves a parcel of real propcrly acquired by plaintiff Biener Realty, Inc. in March. 1980. Plaintiffs contend Ihal prior to the acquisition, the property was used as an automobile service station and radiator repair shop. The Incorporated Village of Thomaston (village) contends that the prior use was a junior vehicle radiator repair shop to which broken radiators were brought alter being removed front vehicles. In either event. such use became a legal nonconforming use in 1972, when trite lot's zone was changed front "Business" to "Office Building". Afler purchasing the propcrly. plaintiffs converted the property and building for use as an "automobile service facility to provide automobile service in conjunction with plaintiffs' new car dealership as I'new car gel ready' where the final preparation. cleaning and polishing of nett cars is performed just prior to delivery to the customer". The village. contending that plaintiffs' use of the property violated the village's zoning restrictions. commenced prosecution in the Thomaston Village Court. While the prosecution was pending. and before trial. plaintiffs commenced the instant action, seeking declaratory relief and an injunction against the village. egjoining it from continuing the prosecution against plaintiffs in the village court. The village contends Ihal a property owner cannot substitute one nonconforming use for another. and that its zoning ordinance allows only for the substitution of a conforming use for a nonconforming use. Arliclc IX I, subd IQ) of the zoning ordinance provides that "whenever a district shall hereallcrbe changed any then existing nonconforming use therein may be continued or changed to a use of a similar or higher classification provided all other regulations governing the new use are complied with" (emphasis added). This language would be unnecessary if the ordinance was inlcoded to provide for a change only to a conforming use. The clear meaning of this section is that a property owner may change front one nonconforming use to another nonconforming use. provider) the new use is in the same or a higher classification Than the prior use (see Mailer of Biener v Incorporated Vil. of Thonnaslon, 85 AD2d 730). Regardless of whether the prior use was as tine plaintiffs or the village claim, the use was one allowed in a "Business B" district. as provided in articles VII-A and VII of the zoning ordinance. The new nonconforming use is also contained within shut classification. Consequently. the new use is permilled by lite Thomaston zoning ordinance. Allhougln we thus hold (hat Special Term correctly declared plaintiffs' use of the property in question to be a legal nonconforming use. it does not follow Ilim Special Term should have enjoined the village court prosecution. It is well settled ilia( "equity should only act to restrain the prosecution of a prior suit where (he necessity therefor is clearly established" (SNR Holdings v Alaka Amer.. 58 AD2d 547). In the instant case, plaintiffs can obtain relief by a proper defense of the action sought to be enjoined It goes without saying ilia( plaintiffs will have the benefit of this court's decision available to theta in line village court prosecution. Consequently. equitable relief is unnecessary in this case. and the injunction was improperly granted. O'Connor, J. P., Weinstein, Bracken and NiehW JJ., concur. ~SVffU(~ JEAN W. COCHRAN Supervisor LAURY L. DOWD o Town Hall, 53095 Main Road TOWN ATTORNEY W P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1889 7~t Fax (516) 765-1823 ( Wjtfp E OF THE TOWN ATTORNEY I;---- TOWN OF SOUTHOLD AUG 1 2 LQ96 MEMORANDUM TO: Zoning Board of Appeals FROM: Laury L. Dowd, Town Attorney DATE: August 9, 1996 RE: Rent-a-Wreck Memorandum of Law You have asked me to respond to the Memorandum of Law. Unfortunately, I am leaving on vacation and will have to give you a fairly cursory response. The proposal appears to be to alter a non-conforming use. You must first determine if there is still a right to claim a non-conforming use, or whether the non-conformity has been lost by discontinuance. The memorandum of law suggests that Mattituck Glass was using the site from 1985 to 1990, but shows no use of the site since then. If that is the case, the right to have a non- conforming use has been lost. If there is still a right to a non-conforming use, 100-241(C) allows it to be altered or changed to another non-conforming use with approval of the ZBA, but only if the altered use is of the same or of a more restrictive nature than the prior non- conforming use. You might read cases with different results, but this is usually because the non-conforming use statute is different in those cases. I note that the memorandum of law cites Syracuse Aggregate Corp. v. Weiss to you in support of the claim that a non-conforming use on one part of the parcel extends to the entire parcel. I addressed this issue in my recent memo on Crosse Sound Ferry. The Courts have held as a general rule, that use of a portion of a Zoning Board of Appeals August 9, 1996 Page 2 property by a non-conforming use does not extend the non-conformity to the entire parcel. This was the holding in Matter of Cave v. Zoning Board of Fredonia 49 AD2d 228, held that a non-conforming trailer park could not double the number of trailers because it would increase the non-conformity. The Syracuse holding only applies when the non-conforming use, by its very nature, contemplates use of the entire site. Syracuse involved a mining operation where land was held in reserve for future mines, but the whole site was considered part of the operation. Biener is a short case, so I attach it. Their ordinance is similar to ours in that it allows alteration of a non-conforming use to one of `similar or higher classification' (our code says `same or of a more-restrictive nature'). The Biener Court found that both the prior non-conforming use and the altered use were allowed by their Village Code, and in the same zoning district, so the Court found the uses to be of similar classification. I am not sure the same argument could be made in the case before your Board. (December 27, 1983, I MARTIN B. BIENEA It d1., Respondents THOMASTON. Appellant , v INCORPORATED VILLAGE OF defendant endant appeals - In an action, inter alia, for a declaratory, judgment. pppeals eals from a judgment of the Supreme Court, Nassau County (Murphy, J-), dated November 3. 1982, which. inter alia, declared plaintiffs' use of the property in question to be a legal nonconforming use. and perma- nently enjoined defendant from prosecuting plaintiffs for their alleged illegal operation of a car wash. Judgment modified, on the law, by deleting the fourth decretal paragraph which permanently enjoined defendant trom prosecuting plaintiffs for the illegal operation of a car wash. As so modified. judgment affirmed, without costs or disbursements. The instant action involves a parcel of real property acquired by Plaintiff Biener Realtv. Inc. in March. 1980. Plaintiffs contend that prior co the acquisition, the property was used as an automobile service station and radiator repair shop. The Incorporated Village of Thomaston (village) contends that the Prior use was a motor vehicie radiator repair shop to which broken radiators were brought after being removed from vehicles. In either event, such use became a iegal nonconforming use in 1972, when the lots zone was changed from "Business" to "Office Building". After purchasing the property, plaintiffs convened the property and building for use as an 'automobile service tactfity ' ' to provide automobile service in conjunction with plaintiffs' new car dealership as a new car get ready' where the final preparation. cleaning and Polishing of new cars is performed just Prior to delivery to the customer'. The village, contending that plaintiffs' use of the property violated the village's zoning restrictions, commenced prosecu- tion in the Thomaston Village Court. While the prosecution was• pending-, and before trial, plaintiffs commenced the instant action, seeking declaratory relief and an injunction against the village, enjoining it from continuing the prose- cution against plaintiffs in the village court. The village contends that a property owner cannot substitute one nonconforming use for another, and that its zoning ordinance allows only for the substitution of a conforming use for a nonconforming use. Snide IY § 1. subd f',) of the zoning ordinance provides -hat `whenever a district shall Hereafter be changed any then existing non- conforming use therein may be continued or -hanged ro a use o% a similar or higher ciassification provided all other regulations governing the new use are compiled with" ,emphasis added). This language wouid be unnecessary if the ordinance was intended to provide for a change only to a conforming use. The clear meaning of this section is that a property owner may change from one nonconforming use to another nonconforming use, provided the new use is in the same or a higher classification than the prior use see :Clatter o{Biener o Incorporated Vil. of Thomaston. 35 AD2d 730). Regardless of whether the prior use was as the Plaintiffs or the village claim. -he use was one allowed in a S 'Business B" district, as provided in articles VII-A and VII of the zoning ordinance. The new nonconforming use is also contained within that classifica- i ,ion. Consequently, the new use is permitted by the Thomaston zoning ordi- nance. Although we thus ,told [hat Special Term correctly declared plaintiffs' use of the property in question to be a iegai nonconforming use. it does not `oilow chat Special Term shouid have enjoined he village court prosecution. It is well settled that -equity should only act to restrain the prosecution of a onor suit where the necessity therefor is clearly established" ~.SVR Holdings o dtanadmer.. 58 AD2d 547':. in the instant case. Piaintiffs can obtain reiiefbv a proper defense of the action sought ,o 'oe eniomea. It goesvithout saving chat plaintiffs will have the benefit of [his courts decision available to -hem in the village court prosecution. Conseauently. eaultabie relief is unnecessary in this ease, and the injunction vas improperiv ;ranted. O'Connor. J. P.. Weinstein. 3racken and Niehoff. iJ.. concur. JEAN W. COCHR3N °-r?G Supervisor LAUTRY L. DOWD - TOWN ATTORNEY _ Town Hall, 53095 Main Road n P.O. Box 1179 ti 4b ? Southold, New York 11971 Telephone i516)-65-1889 -'s 0161 ,65-1823 I'S 'G ~a C V-7 OFFICE OF THE TOWN ATTORIVE AU6 r TOWN OF SOliTHOLD U' PRIVILEGED AND CONFIDENTIAL L MEMORANDUM TO: PLANNING BOARD ZONING BOARD FROM: LAURY L. DOWD, TOWN ATTORNEY RE: EXPANSION OF NONCONFORMING USES DATE: JULY 28, 1996 Several of the Town's Boards are dealing with issues concerning the operatiohs of Cross Sound Ferry. Many of these issues involve the law. I am doing research on these issues and propose to give you several memos on various aspects of the law. It will be easier to digest the issues in a number of small doses. If other issues occur to you, or you want more detailed information than I have put down here please let me know. The application of Cross Sound Ferry raises legal issues about nonconforming uses. If you are a nonconforming use, when are you fixed at a specific level of nonconformity? How much can you expand that nonconformity without becoming subject to the law? Can a nonconformity be limited to a specific level? The following research may assist you in your future deliberations. Cross Sound Ferry is in the MII zone. In that zone a ferry terminal is allowed with a special exception. The ferry has no site plan approval for use of the snack bar parking lot. Site plan approval was required as early as 1971. Cross Sound claims that the snack bar lot is exempt from site plan approval because it is a pre-existing nonconforming lot. They claim that it has been used for parking for the snack bar and some ferry traffic since the 1940s. Since 1995 the parking on that lot has expanded from approximately 40 cars to over 200 cars. Cross Sound seeks to expand this parking area to an adjacent residentially zoned lot. To what extent can the boards require a site plan and review the uses on the snack bar lot? As it currently stands, it is a nonconforming business lot without site plan approval for the lot, and is subject to the following cases about expansions of nonconforming use. In the Matter of Off Shore Rest. Corp. v. Linden (1972) 30 NY2d 160, the owner sought to change a delicatessen to a cocktail lounge. The change did not require any physical alterations to the structure, but it greatly increased the seating capacity and the parking space requirements. The deli was a pre-existing nonconforming use and had no parking spaces. The State's highest Court held that the owner could not make the change in use without providing for the increased parking requirements. They found that a municipality may restrict the right of the property owner to expand the volume of his business. The Court's decision was based on a close review of the local ordinance regarding nonconforming uses and the restrictions contained in that law. This case is also useful because it discusses whether a request for a waiver of the parking requirements is an area variance or a use variance. The Court notes that some cases have treated parking requirements as "use" restrictions while others treat them as "area" restrictions. In deciding which standard applies, the Court suggests that the Town should: "look to the reasons for the restrictions and then adapt rules applicable to use or area variances, whichever best meets the problem. Illustratively, a parking restriction may be required because the building lots are too small, or on the other hand, because the use of the building regardless of lot size will cause many vehicles to be brought to the site." In the Matter of Cave v. Zoning Board of Fredonia (1975) 49 AD2d 228, the Court held that a pre-existing, nonconforming trailer park could not expand. In 1955, the Village Board had approved nine trailers. In 1969 trailer parks were prohibited in the zone. In 1973 the applicant sought to add 14 more trailers. The building department and ZBA approved this, on the grounds that there would be no expansion of the boundaries of the property on which the trailer park was located. The Court held that the extra 14 trailers were an illegal extension of an existing nonconforming use. As in the Off Shore case, the case rested largely on analysis of the local ordinance on nonconforming uses. The Court gave the following general guidelines: "An ordinance limiting the non-conforming use to the 'tract' or 'area' used at the time of the adoption of the extent of the use at such time, i.e., whether the whole, or a part only of the tract or area was devoted to the nonforming use..... The inception of a nonconforming use on a limited part of a plot does not necessarily constitute a pre-emption of the entirety of the plot for uses of that character as against a later prohibitory ordinance... The criterion is Nnether the nature of the incipient nonconforming use, in the light of the character and adaptability to such use of the entire parcei. manifestly implies an appropriation of the entirety to such use prior to the adoption of the restrictive ordinance.... Nonconforming uses are permitted to continue but any extension or alteration must be for the limited purpose of complying with the nonconforming use section of the ordinance, provided that the alteration or extension does not tend to increase the inherent nuisance." 49 A D2d 228, 233-4. Thus, the Court concluded that only a portion of the site was used for the trailer park and that the nature of the operation did not require that the entire site be used for a trailer park. However, in the case of Syracuse Aggreqate Corp v Weise (1980) 72 AD2d 254, the Court held that a mining operation did contemplate the use of the entire property, because the minerals were mined from several sites on the property, mining requires stockpiling future excavation sites, there were roads interconnecting several locations on the property, no portion of the land was devoted to any other use. The Court held that mining, unlike trailer parks, is the type of business that by its very nature contemplates use of the entire site, so that the nonconforming use status applies to the entire site. Therefore, the decision about expansion depends on how you characterize the use. All courts note that there is a strong public policy against nonconforming uses, that blocks expansion and favors eventual elimination. Southold Town Code Section 100-241 prohibits the expansion of a nonconforming use. Arguably, the degree of nonconformity became fixed in 1971 when site plans were first required. We would have to do research to determine how much parking was common at that time. We could use that information to evaluate the proposed expansion of parking on the snack bar lot i to over 200 cars. Of course, this would pose no problem once the project gets site plan approval for that lot since the nonconformity (no site plan) would disappear. I hope this gives you some food for thought. More information will be forthcoming. 3 • 1. l MATTER OF BOARD OF C'OMMRS. OF GREAT NECK PARK DIST. V BOARD OF ZON___ APPEALS OF TOWN OF N. HEMPSTEAD { 1188 AD2D 464, 591 NYS2D 501 In the Matlcr of Board of Commissioners of Great Neck Park Dist ricl. Respondent. v Board of Zoning and Appeals of Town of Norlh Ilempslcad. Appellant. Second Department. (December 7. 1992) SUMMARY ht a proceeding pursuant to CPLR article 78 to review a delenninalion of the Board of Zoning and Appeals of the Town of Norlh Hempstead, dated April 11, 1990, which granted an application for a use variance, the Board of Zoning and Appeals of the Town of North Hempstead appeals from a judgment of the Supreme Court. Nassau Courtly (Burke. J.), dated October 10. 1990. which grained the petition and annulled the determination. Ordered Ihal the judgment is affirmed, wilholn costs or disbursements. Contrary to the appellant's contention, we find that the proposed conversion of a retail store to a Chinese food lake-out restaurant constituted a change of a nonconforming use for which a variance was required under the town's zoning ordinance (see. North Hempstead Code § 70-208: Town of Somerset v Perrv. 115 AD2d 313, alJd 67 NY2d 1014: Cih of Buffalo v Roadway Tr. Co.. 303 NY 453: cf, Biener y Incorporated Vil. of Thomaston. 98 AD2d 785). We further reject the appellant's contention (bat it properly granted the applicant a use variance pernining the store to be converted Ina lake-oul restaurant. Although a use variance nun be granted upon proof of "unnecessary hardship", in order to establish such hardship the record most show, inter ilia, that the land in question cannot yield a reasonable return if used only fora purpose allowed in the zone in which it is situated (see. Matter of Village Bd. v Jarrold. 53 NY2d 254: Matter of Crossroads Recreation v Broz. 4 NY2d 39). Moreover, "I i11 is now well recognized by the courts of this Slate that in order to show that the land in question cannot yield a reasonable rate of return, an applicant must show proof'in dollars and cents form' which demonstrates that no <Pg. 465, permissible use will yield a reasonable rate of return, and that conclusory teslinrony of wiloesscs. unsupplcmented by such proof, is insufficient" (Matter of Millope Corp. N, Zoning Bd. of Appeals, 194 AD2d 565, 566: Matter of D'Alessandro v Board of Zoning & Appeals. 177 AD2d 694, Matter of Town Bd. v Zoning Bd. of Appeals. 161 AD2d 647), Since the record here is devoid of ati evidence "in dollars and cents form" of the applicant's inability to realize a reasonable return under existing permissible nses. (here is no rational basis for the appellant's finding that the premises would not yield a reasonable return absent the gran( of a use variance, Accordingly, we find that the Suprcme Court properly granted the petition and annulled the appellant's determination. Mangano. P. J.. Thompson, Liber and Ritter. JJ., concur. BIENER V THOMASTON 199 AD2D 785. 470 NYS2D IGj Marlin B. Bicner el al., Respondents, v Incorporated Village of Thomaston. Appellant 0 ; Second Department December 27. 1983 t 1 I~ 1. J SUMMARY Jr ~ , ~ . lr a. In an action, inler alia. for it declaralor$ judgment, defendant appeals frmn a judgment of the Supreme Court. Nassau County (Murphy, J daled November 1. 1992, which, inter alia, declared plaintiffs' use of the properly in question to be a legal nonconforming use, and permancnllY enjoined defendant from prosecuting plaintiffs for their alleged illegal operation of a car wash. Judgment modified. on the law, by deleting the fourth 'Pg 786> decretal paragraph which permanently enjoined defendant from prosecuting plainfiffs for the illegal operation of a car wash. As so modified, judgment affirmed, without costs or disbursements. The instant action invokes a parcel of real property acquired by plainliff Biener Really, Inc. in March, 19811. Plaintiffs contend that prior to the acquisition. the propcrty was used as an automobilc service station and radiator repair shop. The Incorporated Village of Tlonuislon (village) contends that the prior use was a motor tehicte radiator repair slop to which broken radialors were brought after being removed from vehicles. In either event, such use became a legal nonconforming use in 1972, when the lot's zone was changed from "Business" to "Office Building". After purchasing Ilse property. plainliffs converted the property and building for use as an "automobile service facility to provide automobilc service in conjunction with plaintiffs' new car dealership as anew car gel ready' where the final preparation. cleaning and polishing of new cars is performed just prior to delivery to the customer". The tillage. contending that plaintiffs' use of the properly violated the tillage's zoning restrictions. commenced prosecution in Ilhe Thomaston Village Court. Whilc the prosecution was pending, and before Iria1, plaintiffs commenced the instant action, seeking declamtonr relief and an injunction against the village, enjoining it from continuing the prosecution against plaintiffs in the village court. The village contends ilim a propcrty owner cannot substitute one nonconforming use for anollter. and that its zoning ordinance allows only for the substitution of a conforming use for a nonconforming use Article IX 1, subd (Q) of the zoning ordinance provides that "whenever a district shall hereafter be changed any Ihen existing nonconforming use therein may be continued or changed to a use of a similar or higher classification prodded all olher regulations governing the new use are complied with" (emphasis added). "Phis language would be unnecessary if the ordinance was intended to provide for a change only to a conforming use. The clear meaning of Ihis section is dial a properly owner may change from one nonconforming use to another nonconforming use. provided lie new use is in the same or a higher classification Than the prior use (sec Matter of Biener v Incorporated Vil. of Thomas(on, 85 AD2d 730). Regardless of whether the prior use was as the plaintiffs or the village claim, the use was one allowed in a "Business B" district. as provided in articles VII-A and VII of the zoning ordinance. 'The new nonconforming use is also contained within that classification. Consequently, the new use is permitted by the -1 homaslon zoning ordinance. Although we thus hold lint Special Tenn correctly declared plaintiffs' use of the properly in question to be a legal nonconforming use, it does not follow Ilia( Special Tenn should liave enjoined the village court prosecution. 11 is well sell led IhaI "equity should only act to restrain the prosecution of a prior still where the necessity therefor is clearly established" (SNR Holdings v Ataka Amer. 58 AD2d 547). In the instant case, plaintiffs can oblain relief by a proper defense of Ilie action sought to be enjoined. II goes without saying Ihal plaintiffs will have the benefit of (his court's decision available to them in the village court prosecution. Consequently, equitable relief is unnecessary in this case, and the injunction was improperly granted. O'Connor. J. P., Weinstein, Bracken and Niehoff, JJ., concur. PATRICIA C. MOORE Attorney at Law 315 Westphalia Road P.O. Box 483 Matt~itu}ck, New York 11952 D IE LI 15 X516, 298-5629 rT (516) 298-5664 II f~; i, Margaret Rutkowski 5 j Secretary ~r BY HAND V' Southold Town Zoning Board of Appeals Southold Town Hall Main Road Southold, NY 11971 Re: Application of David DeFriest and Rent-a-Wreck Dear Linda: Enclosed please find a Memorandum of Law submitted to the Zoning Board of Appeals on behalf of my client, Rent-a-Wreck. I have also included the Appellate Division case of Biener v. Thomaston which is right on point. Thank you in advance for your assistance in this matter. Very truly yours, atricia C. Moore cc: rent-a-wreck David DeFriest Encls. SOUTHOLD TOWN ZONING BOARD OF APPEALS X In The Matter of David DeFriest, as tenant MEMORANDUM Rent-a-Wreck, subtenant. Appeal # 4401 X FACTS Appellants have applied for permission to operate a car rental business from a property located at 73265 Main Road, Greenport, Suffolk County Tax Map Number 1000-45-3-2. The property was rezoned Limited Business(LB) in 1989 which does not list automobile related uses in the LB zoning district. Prior to the 1989 rezoning, the parcel was zoned General Business (B-1) which permits by special Exception of the ZBA "Public garages, gasoline service stations and new and used car lots, all subject to certain conditions.." " Public Garages" permitted the sale/rental of vehicles. The buildings were constructed prior to zoning. In the 1960's Bubb's Gas Station operated from this parcel and the car lifts remain inside one of the buildings. In June 1979 a Certificate of Occupancy was issued for "Business Building (service station) & Accessory Structure (Repair Shop)", the Housing code inspection performed by the building department described the property as containing a dwelling, a service station with a portico over the gas pumps, and an auto repair business in the cement building. In 1981 Sonny Brown appealed to the ZBA to reestablish the automobile repair shop. The ZBA granted the appeal with certain conditions.( Rent-a-wreck has agreed to comply with the conditions). In 1983, the present owner, Gnozzo, lived in the dwelling while leasing to various tenants operating automobile related uses on the same premises. The parcel has continually been used for automobile related businesses. Attached is an affidavit prepared by Frank Messina owner and operator of Mattituck Glass. Mattituck Glass rented a portion of the parcel from 1985 through 1990. He operated his business after the 1989 rezoning as a preexisting nonconforming use. The Automobile related uses have been conducted on the parcel since prior to zoning and continued through the 1989 rezoning to present. LAW A prior nonconforming use on a parcel of land extends to the entire parcel, rather than only to that portion of the parcel actually in use. Syracuse Aggregate Corp. v. Weisg, 51 NY2d 278, 434 NYS2d 150(1980) This rule of law is particularly applicable in the facts of this case. The automobile related uses were continued over an extended period of time and varying in use from automobile repair to repairs of automobile glass. The automobile related activities were conducted over the entire parcel as seen by the location of the buildings and accessory buildings. The gas pumps were removed, however,the garage lifts remained, and they have been used continuously to the present. Moreover, the volume or intensity of the use will not alter the legality of a nonconforming use. Pittsford Gravel Corp. L, Zonin Board of Perinton, 43 AD2d 811, 350 NYS2d 480 (4th Dept, 1973) motion denied 34 NY2d 618,355 NYS2d 365. The change of uses from a gas station in the 19601x, to vehicle repair from the 1970's and 19801s, to automobile glass repair in the 1990's to the presently proposed automobile rental merely varied the volume or intensity of the "Public Garage" and automobile related uses. There was no change in the nonconforming nature of the use. The Southold Zoning Ordinance at Article XXIV 100-241 states: Nonconforming use regardless of change of title, possession or occupancy or right thereof, may be continued indefinitely... (C) shall not be changed to another nonconforming use without approval by the ZBA and then only to a use which, in the opinion of said board, is of the same or of a more restrictive nature. We ask that the ZBA recognize the preexisting nonconforming use of "Public Garage"on this parcel which would allow cars to be "kept for renumeration,hire or sale". The appellant, by their attorney, presented to the ZBA the numerous uses operated on this parcel,i.e., service station, car repairs, and automobile glass repair and sales. Prior to the 1989 rezoning the subject parcel was zoned B-1 which allowed, by special exception, Public garages, gasoline service stations and new and used car lots. The uses which were operated on this parcel. • Both the present zoning ordinance and the 1989 Zoning Ordinance defines "Public Garage" as follows: "A building, other than a private garage, used for housing or care of gasoline or other power-driven vehicles or where such vehicles are equipped for operation, repaired or kept for renumeration,hire or sale". The property has been used for the "repair" of automobiles, consistent with the use defined in both the 1989 zoning ordinance and present zoning ordinance. The Appellant intends to keep a limited number of cars "kept for renumeration, hire or sale". The rental of cars is an equal or more restrictive use than the uses previously operated on this property. In Biener v. Thomaston 398 AD2d 785, 470 NYS2d 16 (2nd Dept, 1983) the owner's change in the use of a parcel of property from an automobile radiator repair shop to an automobile service facility in which new cars were prepared, cleaned, and polished in connection with the owners' new car dealership was recognized as permitted. In Biener,the use of the premises as an automobile service facility occurred after a change in the zoning designation for the lot from "business" to "office building", the Court found that the use was properly declared to have created a second legal nonconforming use where the ordinance provided that existing nonconforming uses in such district could be continued or changed to a use of similar or higher classification, and both the old and new nonconforming uses were permissible under the zone's prior "business" designation. Like the facts in Biener v. Thomaston, appellants rental of vehicles would be permitted in the B-1 district of the pre-1989 zoning ordinance. Therefore like Biener v. Thomaston the use of car rentals would properly be a legal nonconforming use. RENT-A-WRECK BUSINESS RENT-A-WRECK rents cars which are licensed, insured, registered and inspected, and the business in Greenport does no repairs or sales of cars from the subject property. When the rental cars need repairs they are transported to Middle Island by his drivers on flatbed trucks. Many of the conditions previously imposed on Sonny Brown in appeal number 2873 would be acceptable to Mr. Willsey i.e. a) no major repair work b) no auto. or parts, dismantled or damaged vehicles stored out in the open etc. C) parking areas properly located d) vehicle lifts or pits within the building e) no sales of gas products f) no motor vehicle sales The Rent-a-wreck office rents only a small portion of their fleet on the North Fork ( Middle Island has 90 vehicles in their inventory - Greenport office has only 6 on display at any one time). The Middle Island Office Conducts rental of cars, auto repair of own fleet (90 cars) at their own off premises repair shop which are transported by flatbed trucks to the repair shop. The Southold Office is merely a satellite office for taking reservations and distribution. No more than 6 to 8 cars are stored as his Greenport inventory. The rental business fulfills a market niche which is suited to our tourist economy on the North Fork daily rentals for boaters who come out and tour the East End, locals who need larger vehicle for a special needs, weekly rentals and monthly rentals; very little traffic is generated at this property because rent-a-wreck provides free pick up of customers at ferry, bus, train and personal homes; When the vehicles are Returned the rent-a-wreck crew from the Middle Island Main Office delivers cars to the office for paperwork with the renter then cars are returned to Middle Island for maintenance and storage. The Middle Island Office employs 10 permanent employees with no more than 1-2 employees at the Greenport office. In light of the uses which could be conducted from the preexisting nonconforming vehicle repair garage previously conducted at these premises, the car rental business is far less intensive. CONCLUSION The appellant should be granted the application subject to such reasonable conditions as the Board feels is appropriate. Dated: Mattituck, New York August 2,1996 Patricia C. Moore Attorney for Appellant 315 Westphalia Road P.O.Box 483 Mattituck, New York 11952 (516)298-5629 Southold Town Zoning Board of Appeals x In the matter of David DeFriest, as tenant AFFIDAVIT Rent-a-Wreck, subtenant Appeal #4401 x FRANK MESSINA, being duly sworn, deposes and says: 1. That I do business as Mattituck Glass, Route 48, Cutchogue, New York. 2. That from 1985 through 1990, I rented a portion of the property at 73265 Main Road, Greenport, New York, Suffolk County Tax Map Parcel #1000-45-3-2 from Joe Gnozzo. 3. That my business included the sales, installation and repair of automobile glass and that I opperated my business knowing that there was a certificate of occupancy for "BUSINESS BUILDING (SERVICE STATION) & ACCESSORY STRUCTURE (REPAIR SHOP)" issued by the Southold Town Building Department in 1979. That the building department allowed me to opperate from this location for five years. 4. That inside the cement building are two vehicle lifts which were used for automobile repairs. 5. That from time to time, I would sell automobiles and boats from this parcel. 6. That throughout the Town's history, this parcel has been used for automobile related uses. 7. That I know that when the buildings were built, a Hudson Car Dealership and an Indian Motorcycle Sales operated from this location. Later the buildings were used for automobile repairs and incidental automobile related uses. 8. That I support the application to operate a car rental business from this property because the use will not affect the character of the neighborhood - this property is isolated, and the use will improve the parcel which has been allowed to deteriorate because of its underutilization. ,::~z 0i41 Frank Messina Sworn to before me this Z'?Wday of J'u&y 1996 Notary Public PATRICIA C. MOORE Notary Public, State of New York Suffolk County - No. 48616688 Commaslon Expires June 16. FORM NO. 4 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Clerk's Office Southold, N.Y. Certificate Of Occupancy No. 29543........... Date June 1 ......................19..79 THIS CERTIFIES that the building . . . . Location of Property ..73., 265.. Main. Road . GFeepport, . N. Y. House No. Srreer Ham/or County Tax Map No. 1000 Section Q45 ....Block 03......... Lot DO2........ Subdivision XxXXxxxx .....Filed Map No. XXXXI.,)t No. REQUIREMENTS FOR SERVICE STATION & REPAIR SHOP C/Q(fW,Ts?dbstantially to the 84 GtA6 kSK~ rr~tt 11UUHH VV CE.RirFICATE OF OCCUPANCY April. 23 19.57 pursuant to wttich,B~itkiet 4>AD33dCNo. Z954-3 dated ...J=P.... 1... 19 7~ , 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 . Business Building (Service Station) & Accessory Structure (Repair Shop) The certificate is issued to Fred Cataldo & ors. of the aforesaid building. Suffolk County Department of Health Approval Pre-Existing UNDERWRITERS CERTIFICATE NO . .?re-Existing r :iui'ding Inspector na. 4ns RUG-02-1996 14:24 FR*SUFFOLK COUNTY COURT TO • 92985664 P.01 BIENER V THOMASTON [98 A.D.2D 785, 470 NYS2d 161 Martin B. Diener et al., Respondents, v. Incorporated Village of Thomaston, Appellant " Second Department December 27, 1983 SUMMARY In an action, inter alia, for a declaratory judgment, defendant appeals from a judgment of the Supreme Court, Nassau County (Murphy, J.), dated November 3, 1982, which, inter alia, declared plaintiffs' use of the property in question to be a legal nonconforming use, and permanently enjoined defendant from prosecuting plaintiffs for their alleged illegal operation of a car wash. Judgment modified, on the law, by deleting the fourth <*pg.786> decretal paragraph which permanently enjoined defendant from prosecuting plaintiffs for the illegal operation of a cat wash. As so modified, judgment affirmed, without costs or disbursements. The instant action involves a parcel of real property acquired by plaintiff Diener Realty, Inc. in March, 1980. Plaintiffs contend that prior to the acquisition, the property was used as an automobile service station and radiator repair. shop. The Incorporated Village of Thomaston (village) contends that the prior use was a motor vehicle radiator repair shop to which broken radiators were brought after being removed from vehicles. In either event, such use became a legal nonconforming use in 1972, when the lot's zone was Changed from "Business" to "Office Building". After purchasing the property, plaintiffs converted the property and building for use as an "automobile service facility to provide automobile service in conjunction with plaintiffs' new car dealership as a 'new car get ready' where the final preparation, cleaning and polishing of new cars is performed just prior to delivery to the customer". The village, contending that plaintiffs' use of the property violated the village's zoning restrictions, commenced prosecution in the Thomaston Village Court. While the prosecution was pending, and before trial, plaintiffs commenced the instant action, seeking declaratory relief and an injunction against the village,' enjoining it from continuing the prosecution against plaintiffs in the village court. The village contends that a property owner cannot substitute one nonconforming use for another, and that its zoning ordinance allows only for the substitution of a conforming use for a nonconforming use. Article IX 1, subd [f]) of the zoning ordinance provides that "whenever a district shall hereafter be changed any then existing nonconforming use therein may be continued or changed to a use of a similar or higher classification provided all other regulations governing the new RUG-02-1996 14:24 FROO5UFFOLK COUNTY COURT TO • 92985664 P.02 use are Complied with" (emphasis added). This language would be unnecessary if the ordinance was intended to provide for a change only to a conforming use. The clear meaning of this section is that a property owner may change from one nonconforming use to another nonconforming use, provided the new use is in the same or a higher classification than the prior use (see Matter of Siener v incorporated Vil. of Thomaston, 85 AD2d 730). Regardless of whether the prior use was as the plaintiffs or the village claim, the use was one allowed in a "Business S" district, as provided in articles VII-A and VII of the zoning ordinance. The new nonconforming use is also contained within that classification. Consequently, the new use is permitted by the Thomaston zoning ordinance. Although we thus hold that Special Term correctly declared plaintiffs' use of the property in question to be a legal nonconforming use, it does not follow that Special Term should have enjoined the village court prosecution. It is well settled that "equity should only act to restrain the prosecution of a prior suit where the necessity therefor is clearly established" (SNR Holdings v Ataka Amer., 58 AD2d 547). In the instant case, plaintiffs can obtain relief by a proper defense of the action sought to be enjoined. It goes without saying that plaintiffs will have the benefit of this court's decision available to them in the village court prosecution. Consequently, equitable relief is unnecessary in this case, and the injunction was improperly granted. O'Connor, J. P., Weinstein, Bracken and Niehoff, JJ., concur. c t Page 33 - Transcript of Hearings Regular Meeting of July 24, 1996 Southold Town Board of Appeals HEARING HELD JULY 24, 1996 8:08 p.m. Appl. No. 4401 - DAVID DEFRIEST (as Tenant). (Owners: Mr. and Mrs. Joseph Gnozzo). Request for Variance based upon the June 3, 1996 Building Inspector's Notice of Disapproval under Article VIII, Section 100-81A, issued on the following grounds: Automobile rental use in not a permitted use in this limited Business (LB) Zone District. Location of Property: 73265 Main Road, NY; County Parcel #1000-45-3-2. Size: 5+- acres. Patricia J. Moore, as Attorney. CHAIRMAN: I have a copy of an original survey from Roderick -Van Tuy1,P.C., which is dated January 25, 1983. I have some pieces of that survey copied, and I have a copy of the Suffolk County Tax Mal) indicating this and surrounding properties in the area. Mrs. Moore, how are you tonight? PATRICIA MOORE ESQ. Fine thank you. Let me just do some bookkeeping with Linda for a moment for your records. SECRETARY LINDA KOWALSKI: Ok, for disclosure. PATRICIA MOORE ESQ: I'm very pleased to be here this evening, and I'm representing Mr. Gnozzo who is the owner, operator of Rent-A-Wreck. Mr. DeFriest is here this evening as well, and hopefully between all of us, we can answer whatever questions you might have as we go along, and I make this presentation. Before I start I'd want to say that, quite a surprise, that Mrs. McElroy who lives to the East of this property, submitted a very nice letter that I would like to read into the record. It says: ...Kindly note that my property is adjacent to Rent-A-Wreck. I would like to sav that it's a nice clean respectable quiet business. I'm happy to have them as neighbors. I hope the Town will grant them continued access to the adjoining property. Thank you, Sincerely Mrs. McElroy... PATRICIA VIOORE ESQ: Now, I will present that to you for the record. I'll do it all at the end. Just to start off with. I'm going to give you a little tour of your memory lane, because some of those facts I was learning as I was researching the History of this Marcel. Some of these, you could probably add to because you know, aomc of yon have been here longer than you'll probably care to say. CHAIRMAN: Or adtiil to anyway (jokingly). Page 34 - Transcript o-I Hearings Regular Meeting of July 24, 1996 Southold Town Board of Appeals PATRICIA MOORE ESQ: Or admit to, that's right. The property right now is zoned Limited Business. It's a pie shaped parcel. It has preexisting residences on both sides, and the parcel itself has, the building where Rent-a-Wreck is currently renting that is partly residence, and partly commercial. And then to the West, on the same property is a cement block building. The property has a CO and it was dated, or it is dated June 1, 1979. It's described as a business building "service station," and accessory structure "repair shop". So we have presently a pre-CO. Now, the trip through memory lane. In 1960s I understand that a Harry Bubb owned and operated a. gas station there, and - that's when the pumps were in the front under the canopy, or by the canopy there. Then, it's a mystery because I couldn't get anyone to tell me anything more. But in May of '78, a Mr. Cataldo family sold it to, I guess within the same family or another Cataldo, and there was in the Building Department's records a housing code inspection that said that the dwelling that had the service station with a portico over the gas pumps, it was Sound Precision, which I seem to recall in my History period, it was an auto repair place, and it was in a cement building on a slab. The house was in terrible disrepair, and it had numerous violations on the sanitary code and the building code. It was not in good shape. Then the property in '79 was sold to a Moritz. The cement building, based on the Assessor's records, there is a picture of the cement building, and it shows the Lawn Vlower Repair Sales and Service was being done on that property. Then in '81, Sonny Brown made an appeal (sic) (special exception) to your board, and you have a decision in your file that he requested an auto repair business with certain conditions that were imposed by the Zoning Board at that time. In '83, the Gnozzo family Gnozzo - they asked to reinstate the residence and again, that was with certain conditions on it. That appeal was made to the Zoning Board, so you have that in your record. While the easterly structure was used as a residence, and maybe to a certain extent commercial, there was a continued use of the cement building as a commercial property. Do you have questions because I know that you-? MEMBER TORTORA: I don't have a copy of the Zoning Board '83 decision. PATRICIA MOORE ESQ.: Oh that's righ_, ok. Linda I know has that in there, but I have a copy as well. MEMBER TORTORA: Ycs. Page 36 - 'transcript of lIearings Regular Meeting of July 24, 1996 Southold Town Board of Appeals CHAIRMAN: Storage of cars. What is done in the cement block building? MR. DEFRIEST: Storage of cars. CHAIRMAN: Is oil being changed on the cars. MR. JOSEPH WILLSY: No, I do all that work - I have a big shop in Middle Island, Coram. CHAIRMAN: I see. PATRICIA MOORE ESQ: Yes. I'll get into all of that. MR.. JOSEPH WILLSEY: I do no service. CHAIRMAN: I just had to figure this thing out. Just so you understand. PATRICIA MOORE ESQ: That's all right. If it will help it along the way. MR. JOSEPH WILLSEY: I have two buildings in Coram and Middle Island, where I use all my - . CHAIRMAN: So you just bring the cars out here. PATRICIA MOORE ESQ: I'll get into what they specifically do, ok. CHAIRMAN: OK. PATRICIA MOORE ESQ: Now geting to my legal argument, which you knew at one point or another, I was going to bring in. Under Article 24 on the nonconforming use section, it says, that a non-conforming use regardless of the change of title, possession or occupancy, has the right thereof, may be continued indefinitely and then cease as, but shall not be changed to another nonconforming use without approval of the ZBA, and then only to a use which in the opinion of the board is of the same or more restricted nature. That's one argument in favor that, I think you could use in favor of granting this application. This property as I pointed out, the history has heen commercial uses. It's been automobile related uses, car service station, gasoline, car repairs, the automobile glass repairs. It's been retail sales. Automobile items were sold. Lawn mowers were sold, serviced. %lirror and glass were sold. So, we've got now two Page 37 - Transcript oT' Hearings Regular Meeting of July 24, 1996 Southold Town Board of Appeals uses that have been continuing at various times throughout it's history. As to Rent-A-Wreck, what do they do? They rent cars, they don't lease them, because he explained to me, honestly, I didn't realize that there is a big difference, but renting versus leasing. Leasing is for long term. Renting is for short term. Anything under a month. MR. JOSEPH WILLSEY: A month. PATRICIA MOORE ESQ: Yes, OK. These cars are licensed, they're insured, they're registered and they're inspected, all right. He does no repairs, no sales of any cars from this site. The cars needing repairs are transported from the Middle Island shop, where lie has a very elaborate shop in Middle Island where he brings his drivers, the drivers, he's got numerous drivers that brings the cars out, and then when the cars are distributed in the community, and they are returned, the cars are returned to Middle Island, because they're serviced and maintained there. So, there is no concern about any kind of automobile repair, we're servicing at this location. The types of conditions that ycu see in Sonny Brown's appl. , I went over with Mr. Willsey and I said. Well, do you do any major repairs? "No," so he can abide by that condition. Are there any automobile parts dismantled, or damaged vehicles stored out in the open? "No," and he would certainly not intend to do that. Are the parking areas properly located? Well, he's tried and to the extent that, if the Planning Board deems necessary with a site plan, can be modified. But, at most they're approximately six to eight, no more, cars that are on display there, because there is a turnaround, and they do get them generally out into the community right away. There is a need. Are there vehicle lifts or pits within the building? I don't think that they are even there anymore. So, they're not intending to use the inside of the building for that either. There are no sales of gasoline. The gas pumps have been removed a long time ago, and there will be no automobile sales. He doesn't intend to sell those cars, or operate a used car sales lot there. The surrounding uses have not changed probably in about 10 years. I'm guessing, but in the time, I don't think anything has changed in that area. That is a pretty stable commercial area that, the use of their R Industrial business uses. The zoning was B 1 , and for some reason it was identified as LB, but LIOis, I think within - oh, it's right down, well - now I remember, across the street- is 4 ' Page 38 - Transcript of Hearings Regular Meeting of July 2,1, 1996 Southold Town Board of Appeals LIO. I knew I was visualizing this. LIOis across the street, and within 1500 feet of B zoning. So this piece is the only LB zoning. His office, the Rent-A-Wreck site presently operates as an office. It's the command center where people call in, and many times when I was calling him, I didn't know where I was calling. Whether I was calling Greenport or Middle Island because, when there's no one in that office, all the calls get forwarded to Middle Island and that it's really just a satellite business office, and the rental of the cars, it's a distribution center. Again, when the cars are, when he takes requests for rentals, either through Middle Island office, or here. He says ok, so and so wants a car, and he distributes the cars out. So there's really no, um, it's mostly a business office. - Which is my second legal argument is that, it is a permitted use under the zoning district. The business office is a permitted use. That's what he has. The retail sales is an accessory supplemental use, that's permitted in the zoning district. I believe from previous interpretations that you have with Taylor Rental. You said in the past, hey, rent or buy. In retail you can buy, you can rent - because it's just a form of ownership, and as long as it's not the predominate use there, and it is supplemental, the office is the primary use, and then the rental is his inventory, lie fulfills that need. Now we can talk about what kind of people are asking for these Rent-a-Wrecks. Now, if these were Mercedes-Benz or Porches, well maybe they wouldn't rent wrecks. They'd be renting fancy cars and they would be alotmore. But he had the used cars. He has 90 cars in his fleet at Middle Island. He owns or leases his own repair shop in Middle Island, and then he has a flatbed truck which he owns which transports all these vehicles. That's why I'm sure that he is not going to operate any repairs at that site, because he's already paying for it and has his who infrastructure set up in Middle Island, and this Southold office is a satellite office. lie fulfills a need in this community because his rentals are daily rentals for boaters. When the boaters come in and they want to get around and tour the North Fork, this is the best way to do it, is the rental of a car for a day, or a week, or however long our visitors are here. Sometimes he gets visitors that want to visit TaugerMall or SplisliSplash, and they go off and do that. He has one that certain people in the community have rented. One person that I got. this story from your office manager, her husband bad to go to Sloauhettering and they wanted to get a larger vehicle to give him a comfortable ride, because it was a long ride from here to t.lte medical facility. So, there are people here in Town that need Page 39 - Transcript4 PHearings • Regular Meeting of July 24, 1996 Southold Town Board of Appeals that service as well. There is apparently, advertising his service here. There is free pick up at the for the customers at the Ferry or the Bus or the Train, or their personal homes. So, you don't really have a lotof parking needs there, because most people, if they need it, obviously they have a car, they wouldn't need it. They wouldn't need to rent one. So it's typically, they would have to go and rent the car to the person wherever they are, that the car, that the person is waiting for. As far as employees. There are ten (10) permanent employees with no more than one or two employees on the East End. He has 10 permanent in his Middle Island office, with one or two maximum here, and it's usually you or your office manager, right. The drivers, he has drivers that are typically on call, and depending on the needs, and they come again from Middle Island and deliver the cars or return the cars.. Let's see. CHAIRMAN: How many cars, Pat, could we expect? I know you were talking about six cars. How many cars could we expect to see, at a maxon display at one time? PATRICIA MOOR.E ESQ: Six to eight. CHAIRMAN: Six to eight. And you sai.d the Planning Board is going to deal with the site plan aspect? PATRICIA MOORE ESQ: I have again, depending on what you say, I would go back to the Planning Board and show them what's there, and whether they feel it can be accomplished through his own voluntary efforts through a waiver, or they make him go through a site plan process. But there's very little you can do with that property. It's been like that forever, and really what he wants to do and has held back on doing, is making the property look nicer. They've been wanting to paint it, and they started painting it, but obviously as a tenant, when your length there is, at this point questionable, lie was unwilling to invest a lotof money in making the place look nice. But yes, he does intend to for his own benefit and business, to make the place look nicer. CHAIRMAN: OK. PATRICIA MOORE ESQ: So backtracking a little bit, this use could be permitted with respect to the nonconforming nature of this converted to another nonconforming use. If you believe that the code right now, would not address it or allow it. I think in reading the code that, his use is permitted by the business, the professional business office definition, or description in the code which is: 213, Page 40 - Transcript of Hearings Regular Meeting of July 24, 1996 Southold Town Board of Appeals 100-81-213 and then the retail use is supplemental to the service business establishment, and again that's his rental of his inventory. So, I think that you can see that it fits within the definition. But if you don't like that, or if you need something else to hang your hat on, I want to give you something else which is, that the nonconforming, converting to a nonconforming to another, which is actually a less intensive use, that has been historically been on that property. If you have any questions, I'd be happy to answer them. CHAIRMAN: How is Mr. DeFriestinvolved? PATRICIA MOORE ESQ: Mr. DeFriest. Well I'll start and you can interject. anytime (facing Mr. DeFriest). Mr. DeFriestat one time had planned on doing a business there, and then I guess at one point or another you offered to buy the property. You were leasing and buying. DAVID DEFRIEST: Right, I was. PATRICIA MOORE ESQ: Ok, come on and answer. You know you can. (Mr. DeFriest came up to the microphone) DAVID DEFRIEST : In 1991 I had rented the facility, in 1991 or 1990 I was renting from Joseph Gnozzo, the big block building, and I was going to try to do a used car business, the same thing Mr. Goodale is doing in Mattituck. I ran into the same obstacle he did. But I didn't pursue it, so I got out of there at that time, and then I've always kept in touch with Mr. Gnozzo and now I've entered into a lease agreement with an option to buy the facility, the five acres. So for me, it's to my advantage. The reason I want to get this is, is because for my investment I'm going to have there,a this is the best situation to rent it out as a business, as opposed to a residence. So right now, I lease it with an option to buy, and I have two years to exercise that option. CHAIRMAN: So you're very simply, leasing it to him. MR.. DAVID DEFRIEST: Well yes, he's my tenant. Right. PATRICIA MOOR.E ESQ: A subtenant, sublease. SECRETARY LINDA KOWALSKI: I just wanted to ask. Is he using the property at all under the lease, separately from the subtenant? MR. DEFRIEST: Me' SE(_'RETARY: Yes. Page 41 - Transcript of Hearings • Regular Meeting of July 24, 1996 Southold Town Board of Appeals PATRICIA MOORE ESQ: Are you using it? MR. DAVID DEFRIEST: No, I'm not. I have another tenant in the block building. That's what I started to say earlier, then I didn't say anymore. I have a tenant there who is storing cars. Joe is not storing cars there. CHAIRMAN: Right. SECRETARY LINDA KOWALSKI: OK CHAIRMAN: He's not utilizing that building at all. MR. DAVID DEFRIEST: No. And then there's the little block building in the back, that kind of mine. At this point I haven't done anything with it. All I've done is clean it out, and it's going to be painted, and you know, put a new roof on it. I did that already. CHAIRMAN: Are these antique cars that are being stored or are these regular cars? MR. DAVID DEFRIEST: Regular cars, some older ones. I had a Mercedes in there, an older Mercedes and we had some antique gas pumps in there. It's basically just for storage. CHAIRMAN: Ok, no business being operated? MR. DAVID DEFRIEST: Not to my knowledge. CHAIRMAN: Ok, thanks. Yes. PATRICIA MOORE ESQ: It's also to my understanding, with respect to the house. Now, you've heard from one tenant, excuse me, one owner of the house to the East, who is in favor. The house to the west I understand, may be in foreclosure, so. CHAIRMAN: Good, we'll start with Mr. Villa. MEMBER. VILLA: Basically, you said your clients would be agreeable to all kinds of covenants or agreements basically that there be no repair work or all of that. So that we could put that into the decision? PATRICIA MOORE ESQ: That's right, yes. MEMBER VILLA: Is there any thoughts In other words you're saving, six or eight cars. Do you have to have them all in the front of the building? I know you have two on the side, on a sketch but. Page 42 - Transcript of Hearings Regular Meeting of July 24, 1996 Southold Town Board of Appeals Mr. WILLSBY: Well, when people come in to park you can't tell people where not to park or where to park. If you want less in front of the building, I can try to keep it down, if that's what I have to do. MEMBER VILLA: That's what I figured. PATRICIA MOORE ESQ: One is display. Mr. WILLSBY: Display- I display sit cars all the time. Not all the time, if I drop the cars in. MEMBER VILLA: I mean, do you feel you need six cars for display? Mr. WILLSBY:. No, I don't need six. MEMBER VILLA: Because you have a big piece of property. I was just wondering if you could just minimize the impact in the front. Mr. WILLSBY: I do not lease the whole property. I only lease part of it. SECRETARY LINDA KOWALSKI: What part of it do you lease? Mr. DEFRIEST: Just an area that surrounds the building. Basically where you have that picture that you mentioned, where it shows employees' parking behind the building. MEMBER VILLA: Right. Mr. DEFRIEST: He leases that little space back there, and the entire building in the front. CHAIRMAN: You're referring to the house, as the entire building. Mr. DEFRIEST: Yes CHAIRMAN: Right MEMBER VILLA: And some dividing line between that and the concrete building. Mr. DEFRIEST: Right VIEMBEIt. VILLA: Because it's showing CIIAIR.MAN: "I'hat's a common driveway. Page 43 - Transcript of IIearings • Regular Meeting of July 24, 1996 Soutltold Town Board of Appeals Mr. DEFRILST: Oh, yes. The concrete building, the big one. I was thinking about the little one here. But, the little concrete building in the back, he leases from basically the building to the right of that, and the whole entire building where his office is. MEMBER VILLA: Because it shows two rental cars to the side of that building, which would be the West side. Mr. DEFRIEST: Yes MEMBER VILLA: I was just wondering if you couldn't just line them up in there, rather then in the front. Mr. DEFRIEST: It would be hard because that's a common driveway for the other man. MEMBER VILLA: Ok. SECRETARY LINDA IiOWALSKI: Where is the common driveway? CHAIRMAN: Between the two buildings. SECRETARY LINDA KOWALSIiI: Between the two buildings? Mr. WILLSBY: Excuse me? CHAIRMAN: Common driveway, between the two buildings? Mr. WILLSBY: Yes CHAIRMAN: And you can't stop the person from going in and out, and using the concrete building, so - I mean. The driveway has got to remain open. Mr. WILLSBY: Yes CHAIRMAN: OK, Mr. Doyen? MEMBER DOYEN: No comments. CHAIRMAN: Mrs. Tortora? MEMBER. TORTORA: Yes, the problem I'm having here is simple. I viewed it as a use variance. The use is not a permitted use, and any district except a B zone by Special Exception, as an accessory to a car dealership. This is part of the code I'm reading. You're suggesting that the rental of cars is accessory, is what your suggesting? Page 14 - Transcript of Hearings Regular Meeting oC July 24, 1996 Southold Town Board of Appeals PATRICIA MOORE ESQ: Well, it's primarily a satellite office. It's a business office as a permitted I'm trying to find under the present code, if any of the provisions, if it could fit under any of the provisions. There is no definition of "business" office in the code, and what he's doing essentially is, operating a business, a satellite business, taking in orders, and the paper work essentially. Which is what I think of a business office doing, with his inventory being out there. With his cars being out there as his inventory, that it's again it's supplemental to the office use, so. MEMBER. TORTORA: The office use is the primary use? PATRICIA MOORE ESQ: The primary use, yes. MEMBER TORTORA: For the rental of. PATRICIA MOORE ESQ: For the rental yes, because really, there is not definition of, other than the paragraph that you sight under business zoning. That's the only place I could find anything relating to car rentals. But it talks more of like leasing, rather than, 1 mean, it's the sale and lease of vehicles, or. I'm not sure it was ever though of, when the code was written because, if other people had thought of this use they probably would have already started operating it in the Town. It's similar to Taylor Rental where, you have an inventory of things. It could be lawn mowers, it could be soups. It could be anything, and you rent it, rather than sell it. MEMBER TORTORA: I'm not questioning that, I'm just questioning, whether we should be looking at the criteria for a use variance, and whether vour client has looked at any of the other permitted options in that. district. That was one of the things I wanted to know, and the other thing I wanted to know is: You mentioned that this used to be a B district. Do you know if that was changed in 1989? PATRICIA MOORE ESQ: It was done it:L 1989. MEMBER TORTORA: So after 1989, it has not been used for anything but office, ChesterfieldAssocia.tes I believe? PAT RICIA MOORE ESQ: No, it was a lawn mower was it. MEMBER. TORTORA: That was prior to PATRICIA MOOR.E ESQ: It was Lawn mower and Sales. MEMBER TORTORA: That was 1979 according to what you said. Page -15 - Transcript of Hearings Regular Meeting of July 24, 1996 Southold 'T'own Board of Appeals PATRICIA MOORE ESQ: Now wait a second. Let me see. Oh, thereabouts, in 1988 is what I had as Mattituck Glass & Window, and Auto Glass sold. Based on the photograph that's in the Assessor's Office that has a date on it. But, whether it was continuing after that date, is in that range. It's in that period of time. MEMBER TORTORA: What I'm trying to get at is. After the zone was changed there, has it at any time been used for anything other than a business office without a Special Exception permit from the Zoning Board of Appeals. PATRICIA MOORE ESQ: Other than a business office, you said? MEMBER TORTORA: Other than this ChesterfieldAssociates. PATRICIA MOORE ESQ: Yes. Mattituck Glass, Window & Glass, sold, serviced, and installed. MEMBER TORTORA: And how long did they use that, until '88 or after? PATRICIA MOORE ESQ: No, I'm just saying that '88 is when I have reference that they were there. CHAIRMAN: Were they there in '91, when you starting leasing'. MR. DEFRIEST: Well I'd like to sidetrack a little bit. The glass was actually in the block building, in the bigger building, but it's on the same property CHAIRMAN: Right. MR. DEFRIEST: Yes, I took over that building when they vacated it. CHAIRMAN: Ok. That was the question. So that was vacated around 1991. MR. DEFRIEST: Right MEMBER VILLA: So, they were under a preexisting nonconforming, at that. time? PATRICIA MOORE ESQ: Right MEMBER TORTORA: So from '91 to 95? PATRICIA MOORE ESQ: No, 1988. Page 46 - Transcript of Hearings Regular Meeting of July 24, 1996 Southold Town Board of Appeals MR. DEERIEST: The guy that's in there now, you see, I was in there and as I said, I tried to do an auto sales business, and the Town code doesn't permit it. I didn't want to go pursue it, so I decided to give it up, and that's when Greg Standish, he rented it. I told Joe Gnozzo, and this guy just took over when I got out of there, and then he started storing cars, and he's been there ever since. CHAIRMAN: But the issue that Lydia is asking for. What was it used as after, post 1989? MEMBER TORTORA: No, no. MR. DEFRIEST: I don't think anything, other than.. I know the Chesterfield Associates rented it from ice Gnozzo, because he was the owner. CHAIRMAN: Yes, but Mattituck Glass was there until 191? PATRICIA MOORE ESQ: Right, so it would have been post to zoning, post to zone change. CHAIRMAN: Yes, that's what you wanted to ask, yes. MEMBER TORTORA: Yes. PATRICIA MOORE ESQ: Right. CHAIRMAN: That's the reason why I jumped in, in the middle of this. MEMBER TORTORA: That's what I was trying to do, trying to get the time frame in there, of whether it was discontinued and so on. CHAIRMAN: I think we're trying to figure out is, if the nonconforming use was continued or not. PATRICIA MOORE ESQ: Right SECRETARY LINDA hOWALSIiI: Mattituck Auto & Glass was a business office, with telephone sales, right? CHAIRMAN: And repair. PATRICIA MOOR.E ESQ: And repair, and retail. Apparently their description on their sign was, "Sales, Repairs for Automobile Glass". Everything that. SECRETARY LINDA KOWALSKI: Everything related to glass. Page 17 - Transcript of Ilearings Regular Meeting of July 24, 1996 Southold "Gown Board of Appeals CHAIRMAN: They did glass, mirrors, every, all kinds of glass SECRETARY LINDA KOWALSKI: They replaced windows and glass. PATRICIA MOORE ESQ: Right. But they did autos, they did repairs. Essentially, they covered all the zoning criteria, like retail, office, you know. MEMBER TORTORA: They were the continuing nonconforming use. PATRICIA MOORE ESQ: Right, but the intent was never to abandoned any use there that was retail or office. Based on what I found as far as the history of the property. It always been maintained and continued, but that's been the intent of the building. The building really can't sustain anything other than a commercial use there. A house is not a very (tape was changed). I think you also have another alternative, which is the change to another nonconforming use, which is a less intensive use, based on everything you've heard about how he operates his business. So, it's much better than if it were an automobile repair rental of vehicles or auto sales or rental because, it's much less intensive. Sales and rentals would imply repairs and all the other thing that go along with the selling of parts. So, like Mullen Motors. I'm just thinking Mullen Motors, some of the other car places. There's a certain amount of repair work that's done on the premises. MEMBER TORTORA: When was that Rent A Wreck formed? MR. WILLSBY: The franchise? CHAIRMAN: It is a franchise. MEMBER TORTORA: It is a franchise. MR. WILLSBY: Yes, it is a franchise. It's been in existence about 27 years. MEMBER TORTORA: So this is the spot where it's located, its a franchise. MR. WILLSBY: Worldwide. CHAIRMAN: It is a franchise. MR. WILLSBY: It is a worldwide franchise. MEMBER TORTORA: Ok. page -18 - Transcript oR earings Regular Meeting of July 24, 1996 Southold Town Board of Appeals CHAIRMAN: While you're there, Mrs. Moore. Is there anybody else that would like to speak in favor or against this application? Seeing no hands. MEMBER VILLA: Could I ask another question? CHAIRMAN: Sure. MEMBER VILLA: I notice in the paper where the lease is going to be up in August. It only goes until August of next year, I'm sorry '97. Now PATRICIA MOORE ESQ: The DeFriest lease? MEMBER VILLA: Well, the lease in here (ZBA file). PATRICIA MOORE ESQ: That would be the DeFriest lease. I'm trying to remember what you have in your file. MR. DEFRIEST: Is there somewhere in there, where there is an option, I believe, to renew it. One for 18 months with a, if I still needed more time, they would give me another eight months, or another six months rather, which would make it two years. Basically it was for me to get financing. But as I say if I can't do this, can't do a commercial rental there, maybe I won't pursue the purchase of it anyway. CHAIRMAN: And then Mr. Willsby would go to another site, and you'll be back here again. PATRICIA MOORE ESQ: He really likes that spot. Apparently, location wise, for Greenport, it's really becoming a touristy area, with the marinas and so on. The other area is working out well. MEMBER VILLA: Well, basically the question I had was that. It seems like a short term thing, but if this gets approved, you, Mr. De Fries twould buy this, and you in turn would go into a long term lease with Budget Rent A Car. PATRICIA MOORE ESQ: Right. CHAIRMAN: Now, this is the only lease that exists on the property, except for the agreement you have with the person that's renting the coment block building? SF,CRET.IRY LINDA KOWALSKI: There's another lease, right? CHAIRMAN: There's another lease. Page --19 - Transcript of Hearings Regular Meeting of July 24, 1996 Southold Town Board of Appeals SECRETARY LINDA KOWALSKI: With the cement block building. Mlt. DEFRIEST: Right. I don't have a lease with him though either. CHAIRMAN: It's month to month. MR. DEFRIEST: Yes. SECRETARY LINDA KOWALSKI: It's oral. MR. DEFRIEST: Yes. CHAIRMAN: So, this is the only lease that covers this entire piece of property right now, to your knowledge. SECRETARY LINDA KOWALSKI: The only written lease. CHAIRMAN: The only written lease. MR.. DEFRIEST: Right. MEMBER VILLA: Now do we have to address two uses on this one piece of property. SECRETARY LINDA KOWALSKI: No, if it's five acres so. CHAIRMAN: No, we're going to draw a line down and say this is A side, and this is B side, and that's it. Very easy, it's the way I do it in everything that I deal with up West some. PATR.ICIA MOOR.E ESQ: Slolom light. CHAIRMAN: And if it's not on there, I'll take spray paint out and spray it on there, and then it's etched in stone. PATRICIA MOORE ESQ: Just like my kids. You can't cross the line in the car. You can't cross you leg under that line. CHAIRMAN: Usually, I give the tenants an option. Would you like A, B, or C. PATIOCIA MOORE ESQ: Yes, if you have any options. Would you like to (jokingly) (inaudible due to voices in mikes laughing, coughing, 'IC) . CHAIRMAN. No, the only option I have Mrs. Moore is to ,lose the Ite,tring, and r('Ser e decision. So, you ui 7tay around nnci rce'll be Ac(MiZint; racer thl'S in tl short period of tune. Ok, hearing no ('miler rimunont, I'll make a monou reserving decision until later. Page 50 - Transcript of Hearings Regular Meeting of July 24, 1996 Southold Town Board of Appeals MEMBER VILLA: Second CHAIRMAN: All in favor? (All ayes.) J U L_ 3 1 _ 9 6 WED 1 1 16 M O O R E M O O R E R_ 0 1 { PATRICIA C. MOORE Atlom -y at law 315 waatphaha Ruud Y.O. Box 483 Mattituck. New York 11952 TO:(510)298.54)2`/ Fax: (516) 298-5664 FACSIMILE COVER SHEET The pages comprising this facsimile transmission contain confidential information from Patricia Moore. This information is intended solely for use by the individual entity named as the recipient hereof. If you are not the intended recipient, be aware that any disclosure, copying, distribution, or use of the contents of this transmission is prohibited. If you have received this transmission in error, please notify Lis by telephone immediately so we may Zveo!~ to retrieve this transmission at no cost to you. a TO: RE: ci DATE-.--. TOTAL NUMBER OF PAGES INCLUDING COVER SHEET IF TRANSMISSION IF FAULTY OR INCOMPLETE, PLEAS': CALL BACK AS SOON AS POSSIBLE. CLIENT NAME : OPERATOR: MARL yap." C./ .Lr.~G/ ,bGcTd )4AW ^4 ~a J U L- 3 1 - 9 6 W E D 11:17 M O O R E 6 M O O R E P 0:2 Southold Town Zoning Board of Appeals In the matter of AFFIDAVIT David DeFriest, as tenant Rent-a-Wrack, subtenant Appeal #4401 X FRANK MESSINA, being duly sworn, deposes and say°:: 1. That I do business as Mattituck Glass, Route 48, Cutchogue, New York. 2. That from 1985 through 1990, 1 rented s poi:tion of the property at 73265 Main Road, Greenport, New York, E;uffolk County Tax Map Parcel #1000-45-3-2 from Joe Gnozzo. 3. That my business included the sales, installation and repair of automobile glass and that I opperated my business knowing that there was a certificate of occupancy for "BUSINESS BUILDING (SERVICE STATION) & ACCESSORY STRUCTURE (REPAIR SHOP)" issued by the Southold Town Building Department in 1979• Tcat the building '-,)cation department allowed me to opperate from thin years. 4. That inside the cement building -a::e two vehicle )A ftr~ which were used for automobile repairs. 5. Tht.,, from time to time, I would sell aur~~mab::ae;s anO boats from thl.s parcel. 6. Thr.t throughout the Tow:i's history, this ;ar(;Fi har> been used for automobile related uses. 7. That I know that when the buildings were built, a Hudson car Dealership and an Indian Motorcycle Sales operated from this location. Later the buildings were used for automobile repairs and incidental automobile related uses. 8. That I support the application to operate a :;ar rental business from this property because r.he use will not affact the characte,z of the neighborhood - this property is i.st:iz,r.ed, and the use wili improve the parcel which has tr,een allowed to date.-iorate because it its underutili,ation. Frank Mess n3 Sworn to before me this 29)k day of 7vLy , 1996 Notary Public P091C1A C. MOORS Naaty ` }bt{o, State of New Yofk Suffolk ,°au~ttY - No. 48616 Commwkrr Fxpkel June 18, c CJL- c~ ~ S ~335~- 4L, I PLANNING BOARD MBERW, ' ~SUF`rDC f ' _ L Town Hall, 53095 Main Road RICHARD G. WARD aQ~ OG Chairman = y _ P.O. Box 1179 GEORGE RITCHIE LATHAM, JR. Southold, New York 11971 Z BENNETT ORLOWSHI, JR. Cn Fax (516) 765-3136 WILLIAM J. CREMERS 91b Telephone (516) 765-1938 KENNETH L. EDWARDS _ F /7 viol ~a ry= 1T 2 q , PLANNING BOARD OFFICE JUL TOWN OF SOUTHOLD IA I i/ TO: Gerard P. Goehringer, Chairman, Board of Appeals FROM: Richard G. Ward, Chairman SUBJECT: Request for Planning Board comments Jimbo Realty, C.R. 48, west of Horton's Lane, Southold SCTM# 1000-59-4-8 & 9 A. Ovsianik, Eugene's Road, Cutchogue SCTM# 1000-97-2-16.5 & 15 David DeFriest, main Road, Greenport SCTM# 1000-45-3-2 DATE: July 23, 1996 This is in response to your request for this Board's comments on the above projects. Jimbo Realty: As mentioned in this Board's letter to you of June 11, 1996, (copy attached) we are not in favor of the variance request for the reasons stated in our letter. The applicants proposal to reduce the width of the buildings to 120' and enlarge the setback to 90' is still not acceptable. The Town Code parking schedule should be applied to all uses at this site. The total storage area of 37,600 square feet would require 38 parking spaces . The office would require one space for 100 square feet of office floor area. The caretakers quarters would require one space. Handicapped parking as contained in the Americans with Disabilities Act should be in accordance with the attached schedule. A. Ov sianik : Parking for all uses at this site as per Town Code 100-191. The applicant has never filed a site plan application for the existing metal building. Our records indicate that the Building Department permitted the erection of this metal building in 1988 without requiring the owner to obtain a Special Exception from the Board of Appeals to expand a use that was permitted by Special Exception only. Furthermore, r the Building Department did not require the filing of a site plan. Accordingly, we have no records with which to answer your questions. We would appreciate your obtaining from the applicant a copy of a site survey showing the location of all structures and the square footage of same on the site so that we may calculate the parking requirements and answer your request for suggestions on parking, screening and landscaping. Further, we do not know if Suffolk County Department of Health Services approval for the site covers the existing shop since our understanding of this situation is that the tire shop was considered by the Building Department as an accessory structure and use to the gasoline station. As you know, the SCDHS requires all changes of use and additions of same to be submitted to it for review. The Board feels that a site plan should be filed for both existing and proposed structures. David DeFriest: This Board cannot comment on the parking required for this project as auto rental sales is not a permitted use in this Limited Business (LB) zone and is not contained in the parking schedule of the Town Code. However, the applicant should be asked for the number of rental cars that will be on the site, in addition to the number of employees, in order to estimate the required number of parking spaces. The use issue will be discussed by the Planning and Zoning Committee at a future meeting for possible inclusion in the code. Pos(./t~ Fax ro /Vote Co./Copt. / ,i ~6~y Dato , Phone # _ From # Of ' Pages FaN# f-. Co. ' J... Pilo,, *i PaN # '3° 2 Federal 'ster j VOL 56. N ` O. 144 i Friday. July 26. i Rules and Bequlations 4.1,2 kcessibie sites and Fxterlor Facilities- New Constraction i t and in surfaces along accessible mutes y and n accessible spaces shall comp be Prided in accordance with 4. 1.2 1 IY with 4.5. except as follows: -(5)(a) ,51 (a) If par Parking Parking spaces are provided for self- I king by employees or visitors. v W Outpatlent units and facilities: accessible spaces complying with 4.6 shall Percent of the total number of ?melded in each such provided serving each such outpatient spaces in j with the table below area conform- facility unit or antheCe table need Spaces required by ! - not be provid in ~I lot. They may be Provided 1n a dLffirent ~rotcular location equivalent treatment Units and facilities that specialize in disancelf or greater accessibility. to terms of or services for persons with mobility rom an accessible entrance, cost and ~ impairments: 20 percent of the total number of convenience is ensured. Parking spaces j or facility, provided serving each such unit i Be (e) Valet oarTotal parting 4nired i shall provide a 'gale adding facilities in Lotm'un Nnmbar lrig with 4.6.6 located on loading zone comply- ; of Accessible spaces orated on an accessible rout the entrance of the facility e to . Paragraphs 5(a). 2 I to 25 1 valet and of this section d° not appiy to j 50 2 par" 5(d) 51 to 75 76 to 100 3 (6) if toilet faclllUes 101 to 150 4 then each such are Provided on a site, 151 to 200 5 facility shall public or common use collet 6 co 201 mPiy with 4.22. If bathing to 300 facilities are provided on a site, then ech, such 301 to 400 8 Public or common use bathing facility shall 401 to 500 9 comply oath 4.23. 501 to 1000 2 percent of total 1001 and over 20 plus I for each For single user Portable toilet or bathing u 100 over COO clustered at a single location, at least 5% buts no less than one toilet unit or bathing unit Z"ccept as provided in (bl. access aisles adjacent at aP~ u' th 4.22 0 4,23 shall be to accessible spaces shall be 60 in (1525 installed it '.vide minimum, mm) units are provided. Acre typical lriaccessible f identified by the International gents shall be (bl One m ev Accessibility. . Ymbol of not less than One eryhall eight ~ served by spaces, bum aisle 96 in (2440 mm) wide nnrumuman access EXCEFnON: Portable toilet units at constrve_ designated ban accessible' as required y shall tion sites used exclusively by construction 4.6 .4. The vertical clearance at such spaces ! Personnel sonnel are not required to corn j shall comply with 4.6.5. All such spaces may (6). ply with i be grouped on one level ofa parking structure. 71 Build - CCE--nON: Provision of all required par Pertnanen[ rooms a~ridespare shall com ply paces m conformance with 'Lln1v4 30.1. 4.30.41 4.30.5 and 4.30.6. Othe S with Design' (see appendix A4.6.3) is permitted which Provide direction to, or information about. tunetlonal spaces of the building (c) If passenger loading sores shall a comply with 4.30. I. 4.30.2, then at least one a re provided. Clements and 30.3. and 4.30.5. P ssertg,r loading zone sh spaces of 4.accessible " Comply with 4.6.6. all which shall be identified by th e t International I~ Symbol of, rnational essiblliry and which shall comply ' (dl AI facilities Providing with 4.30.7 are; ' other services for Persons medical with mobWty mpair- Parking spaces complving.vith 4 6 shall ! for a) Park-ng spaces designated as reserved .ridfviduals with disabilities: " g c, PLANNING BOARD MEMBERS +~f; RICHARD G. WARD Town Hall, 53095 1 Main Road Chairman P.O. Box ox 1179 1 Southold, New York 11971 GEORGE RITCHIE LATHAM, JR. BENNETT ORLOWSKI, JR ti _ Fax (516) 765-3136 . WILLIAM J. CREMERS ® ~4~ Tel r KENNETH L. EDWARDS 1 IiJI ~r~~ `-fit. PLANNING BOARD OFFICE _ '~;----ma=r--- TOWN OF SOUTHOLD TO: Gerard P. Goehringer, Chairman, Board of Appeals FROM: Richard G. Ward, Chairman SUBJECT: Proposed Storage Facility by Pudge Corp. SCTM# 1000-59-4-8 and 9 S/S CR 48, approximately 453'W/o Horton's Lane, Southold DATE: June 11, 1996 This is in response to your request for this Board's comments on the above project. The Board is not in favor of the variance request by the Pudge Corporation for two commercial buildings each having a proposed width of one hundred thirty feet (130')and a setback of approximately fifty (50') feet. The current code change limits building width parallel to the road to sixty feet (60') and requires maximum building setback of 100 feet (100') in this General Business (GB) Zone. The current code was recently changed for the express purpose of preventing the massing of building structures along the road, which is the primary negative feature of strip development, and of this proposed project. The Planning Board had no objection to a prior variance request (the first since adoption of the code), namely Island Ale (Oest House) Brew Pub. In that case, the applicant requested a variance to expand the width of a proposed brewery and pub from 60' to 120' in width. However, the setback of the structure at more than 140' from the road, the building design and the extensive landscaping were significant mitigating factors. The impact of the proposal by Pudge Corporation: a two story windowless storage building', each 130' in width and 177 feet in depth, surrounded by a parking lot, bordered by just 25' of landscaping at the perimeter, and set back at half the required distance: will be considerable. The Planning Board strongly recommends against the issuance of this variance; which would have the practical effect of nullifying the legislative intent of Section 100-103. A. and C. The Board has made its position known to the applicant, and is willing to work with the applicant on an alternative site design in order to achieve his objectives without requiring the variance. MEMORANDUM To: Bennett Orlowski,Jr., Chairman Victor Lessard, Building Department Administrator James A. Schondebare, Town Attorney From: Valerie Scopaz, Town Planner RE: Gas station on Southeast corner of State Route 25 and Eugene's Road, Cutchogue. SCTM #1000-97-2-15. Date: May 31,1988 At the above-named site, a large steel-framed "Butler"-Type building has been erected alongside an existing gas station. There is no approved site plan on file for the construction of this building. Further, the site owner was not required to apply to the Zoning Board of Appeals for permission to expand a use that is permitted by Special Exception only. This situation has been discussed on several occassions, by all the above; however, no move has been made to require that an amended site plan be filed with the Planning Board's office. In order to protect the Town, it is essential that there be some consistency in requiring site plans. Otherwise, the Town is open to changes of being arbitrary and capricious in its application of the Town's Code. Furthermore, other owners of business property may decide to circumvent the procedure by applying for an accessary building rather than filing a site plan to expand an existing building. If this happens, there is no point in having a site plan review procedure at all. Consequently, the following recommendation is offered: that the property owner be required to file an amended site plan and that the amended plan be in compliance with the Code requirements. • i ~~~gUFFO(,~~ APPEALS BOARD MEMBERS QSti~~ ~Gy C2 Southold Town Hall Gerard P. Goehringer, Chairman 53095 Main Road Serge Doyen, Jr. PO. Box 1179 James Dinizio, Jr. '~Ol # -N ' J Southold, New York 11971 Robert A. Villas Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD MEMORANDUM TO: Planning Board Chairman and Members Attn: R. Kassner FROM: Jerry Goehriuger, ZBA Chairman (and ZBA Members) DATE: July 12, 1996 SUBJECT: Inquiry on Site Plan Elements (Pending Applications) As part of the reviews for the following applications, it would be greatly appreciated if you would assist by communicating the following to us: 1. Site Plan/Variance proposal of T. Gray and Jimbo Realty on C.R. 48, Southold, just west of Horton's Lane. 59-4-8, 9 a. Number of parking spaces which will be necessary for the proposed principal storage buildings. Please provide either a number of spaces or the calculation which will be used. Also please note any handicapped parking in addition to regular parking spaces (if separately calculated). The property is presently vacant. 2. Site plan/Variance proposal of A. Ovsianik at Eugene's Road.97-2-16.5, 15. a. Please provide # of parking spaces for the present tire shop and addition, if a ZBA interpretation were to be passed showing a 200 ft. distance of the B zoning line designation starting from the south side of the Main Road (instead of the north side of the Main Road which is shown on the present maps). This lot is in "common ownership" apparently with the Main Road lot and is expected to be treated as joined parcels. b. Please provide new information that you would like to see in the layout of the plan such as areas of parking, screening, or other suggestions. This will only be used as information and you will not be "bound" by any suggestions since they are only for the application before the ZBA, and the applicant must file with your Board for approvals. Page 9 - demo to PB t July 12, 1996 R.e: [nformariou/Comments c. Please provide other information such as prior site plan application records dating back to 1957. 3. Site plan/Variance proposal of David DeFriest, Tenant (referred to as Rent-A-Wreck). 45_3-2 (5+ acres) a. Please provide calculation used for parking spaces to convert use of existing building used as a repair station to auto business (rental, not sales). b. Please provide other information such as prior site plan application records dating back to 1957. J - j\ PAL ANMNG BOARD MEMBERS OSvfft7(` • • RICHARD G. WARD Town Hall, 53095 Main Road itx GZ Chairman P.O. Box 1179 GEORGE RITCHIE LATHAM, JR. C - Southold, New York 11971 BENNETT ORLOWSIU, JR. v Fax (516) 765-3136 WILLIAM J. CREMERS Telephone (516) 765-1938 KENNETH L. EDWARDS Ato "t. .y PLANNING BOARD OFFICE TOWN OF SOUTHOLD C MAY- f 51g~ May 14, 1996 David E. DeFriest Main Road P.O. Box 1057 Southold, NY 11971 RE: Rental Car Business at David E. DeFriest Property Main Road, Greenport SCTM# 1000-45-3-2 Dear Mr. DeFriest, The Planning Board has received your letter of May 7, 1996, requesting the Board's guidance in establishing an auto rental business at the above referenced property. The Planning Board is unable to grant a waiver of site plan or site plan approval because the auto rental business, presently in operation, is not a permitted use in the Limited Business District. You have the right to apply to the Zoning Board of Appeals, after a notice of disapproval from the Building Department, for a variance to allow a use that is prohibited by the Code. The Board would like to know how you intend to proceed. • 0 If you have any questions, or require further information, please contact this office. Since y, „ Z o ert G. Kassner Site Plan Reviewer cc: Edward Forrester, Town Investigator Thomas Fisher, Senior Building Inspector Gerard P. Goehringer, Chairman, Board of Appeals Laury Dowd, Town Attorney C ~K .42E~ -_5126__~G,2E~_ i • t M v o ,n ~M~ 1 b ~ E V1 X C 1.~. to N r r r ~GIY ~,r~ g L4j~ [ Re, ~tr,..y Curl , i Fn10%cY~E P~~'KSn/G i i t n ~ ~~~.JL L~ r I PHIS ' n7 P. ~ r'rdP i ~ N. Y. b U s i~ e el s ~ 6 x c "rA 76.14 25 HG x R s Jac; ! f~47 nail u` • -w4 3735 d 0 p x:11 ~"Sb O0 a Te. zs/ 4 JA1,1,2r,19 F Nc y D i Y L PL, I;t ~L C 5 2 55 .i t 1M r 71 SSUFF.'CO TA' 5c NtAi~ L:, A :PCXx3 :Cag5-~~ Q~ ,mss r -+n a y6.74 c1 4 52 1 IF- .$6' D4? 1 i sse N ~ A i J 4 ) o ~ F ~ j {M v o t a ' to S E A AR 2d-~~ri 4 i v -t ~N: D 3 rv r! file f zw vcrk Siflo - QZ, r mluvmton Lew. aRMls~„"map netbl",no O 111 Sh.: f*;xd survn-e inked goal a 3 c-,tn~.sad seal 0, not be conaklered 'ft ' to ;u, a valid true copy. .w . raMr oli Indicated b~ shall n,,' i rr fa the parson for whom t!•o SWIT } i F hreae ad and an his Whsli o s t rnrn, Olf, government-I l-IA ! , i. ,rutwin IiZI hnf~rn r 9 2 :as of the lexm 6 `S+.S:re not t! xr ti i~dutians M ev yytUen4 t i P c JUlZVE°YEL' FOZ b JOSEPH ~MAQY 4?T 1 t,7 14 C. f V Y 4/ Colic. ~ y 4.6} 1 6 f a r-._~-~-~~8~ TAw.`M Off" .SUTNOt G, rJ.Y'r~~'~iILa~Y z s, 74 b.. k cone o a. 7d. 1 1.4 7, U = rlL0 H4(Tt}'C:Nf ` 1 T ® gibe bp.~ 577.~(,'AA.µt y. 717LE Cp NJ.Ti28Z-3795 (aUARANrEED T"O r!-t!- TILE aLAC AS "^1t?PF V JAK, 7r$S r t n'riy y` ~ rq ri ~7 ?ce °e~r~' ~f • z ~ ~~gpFFO(~~ z~ APPEALS BOARD MEMBERS h~0 ~Gy o Southold Town Hall Gerard P. Goehringer, Chairman 53095 Main Road Serge Doyen, Jr. y 'It P.O. Box 1179 James Dinizio, Jr. '~0( * %~r Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Telephone(516)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD August 21, 1996 SEQRA UNLISTED ACTION DECLARATION Appeal No. 4401 Project Name: David DeFriest, a/k/a Rent-A-Wreck County Tax Map No. 1000- 4 5 - 3 - 2 Location of Project: 73265 Main Road, Greenport, NY Relief Requested/Jurisdiction Before This Board in this Project: Permit to open and conduct Auto Rental Business This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should the project be implemented as planned, and: { } this Board wishes to assume Lead Agency status and urges coordinated written comments by your agency to be submitted with the next 20 days. { X} this Board has taken jurisdiction as Lead Agency, has deemed this Board of Appeals application to be an Unlisted SEQRA Action, and has declared a Negative Declaration for the following reasons: a. An Environmental Assessment has been submitted and evaluated, and/or b. An inspection of the property has been made, or c. Sufficient information has been furnished in the record to evaluate any possible adverse affect of this project as filed, and/or d. This application does not directly relate to new construction or on-site improvements. { } this Board refers lead agency status to your agency since the Board of Appeals does not feel its scope of jurisdiction is as broad as the Planning Board concerning site changes and elements under the site plan reviews. The area of jurisdiction by the Board of Appeals is not directly related to site improvements or new buildings- (However, if you do not wish to assume lead agency status within 15 days of this letter, we will assume you have waived same, and we will be required to proceed as Lead Agency.) For further information, please contact the office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. BOARD OF APPEALS:TOWN OF SOUTHOLD -----------------------------------x In the Matter of the Application of I~vicQ 1) erYieIt ------------------------------------x CONFIRMATION OF POSTING I, av c~ -DCfrleb r , residing at a 55' lt7f'll co-eek j0L V%C14 /.'Y //9 being duly sworn, depose and say: That on the 1 e ti' day of T~ (t 199 b , I personally posted the property known as NY" by placing the Town's official poster Notice on either a stake, fence, or other post near the driveway` entrance into the property, on the applicant's property where it can be easily seen by passersby, and that the poster has remained in place at least ten (10) days prior to the date of the public hearing (date of hearing noted thereon to be held S,xly QY, , 1996.) Dated: ~u1y 10 199 . 9CL,4 e ,fixq---,. (signature) Sworn to before ne this 80OWTAWSM ~(7 d y of jj ~ Y 1996. )y allwefN~w161t - - - - - - - - - - -io ~OO,eeas~tat ca.~a N O TA R Y PUB Lai- Qommiwfon E10 rM -.Nnn 9Q 1>Zy *or within 10 feet of your fro-1- property line(on your Property facing the road or right-of-way). 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. . 'N wb Z) E rel e OWNER(S) OF RECORD. t DATE OF PUBLIC HEARING: 7 TULY . . If you h ve 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 E--\f-R*kRNCE- ~UTb BUSiN Esc 1 BOARD OF APPEALS TOR 'N OF SOUTHOLD ed parcel identified as 1000- ~ -10.4 although each lot was created by separate deed prior to l-)UN O07 F SUFFOLK \ I I NOTICE OF 1971.Property Location 1335 STATE OF NEW' YORK ss: HEARINGS New Suffolk Road and 1455 New Suffolk Road, Cutchogue, NOTICE IS HEREBY NY; Subject Parcel is known as Joey Mac Lellan, being duly sworn, says that GIVEN, pursuant to Section 267 1000-109-7-9.3 Zone District: he is the Editor, of the TRAVELER-WATCHMAN, of the Town Law and the Code Limited Business (LB). a public newspaper printed at Southold, in Suf- of the Town of Southold, the 7:35 p.m. Appl. No. 4399 following applications will be DOUGLASANDLORRAINE folk County; and that the notice of which the held for public hearings before ROSE. Request for aVariance annexed is a printed copy, has been published the SOUTHOLD TOWN based upon the June 20, 1996 in said Traveler-Watchman once each week for BOARD OF APPEALS, at the Building Inspector's Notice of Southold Town Hall, 53095 Disapproval under Article IIIA, ..............weeks Main Road, Southold, New York Section 100-30A.3 issued on the R, 11971, on WEDNESDAY, following grounds: A building successively, commencing on the JULY 24,1996, commencing at the times specified below: permit application has been filed requesting the location of an day of 7:15 p.m. (Carryover hearing, 'ndpoolwithraisedterrace' . .........................19I`G. continued from 6/26/96). Appl. attached by a raised existing dwelling, along ' L No. 4389- TIMOTHY GRAY y . . Art AND JIMBO REALTY.. Lo- be located ply in the front yard cation of Property: 43560 and I area (facing Pine Neck Road). - S orn to before me this day of 44360 County Road 48, i Location of pro Southold, NY; Lots #8 & 9 as j berly Perty, 95 Kim Lane, Southold, NY; Lot shown on the Minor Subdivision #1 on the Map of paradise By the _ 19 ..lr. Map for LaPudge nni Corp. approved i Bay, County Parcel #1000-70- by the Planning Board on or` 13-20.1. about 7/19/82. Tax Lot #1000- 7:40 p.m. AppL; No. 4398 / 59-4-8 and 9 (these two lots will JOHN and MARY, ` t..!. be combined to one for this MCFEELY. Request for Vari- Notary Public building and site plan project): j ante based upon the June 26, Zone: B General Business. The 1996 Building luspectoesNotice ' BARBARA A. SCHNEIDER owners are requesting: I ofDisapprovalunder Article Ill, NCuu'i OGtIC. State of " .i York 1) Dwelling unit for an on-site Section 100-30B(3), issued'on Ne.=C S4<<6 manager by Special Exception, .I the. following grounds: a build Q" ''FE ± in Sufi, lk County Pursuant to Article oX,Section., ingPermit application hasbeen Contn„ssiunExpires 8/3;/96 100-101 B off th the e Zoning Code. filed requesting the location of 2) under New York Town an accessory building with are- Law, Section 274-B-3, the own- duced side yard setback, at 5900 ers are requesting variances from Great Peconic Bay Boulevard, tion, and R-80 Residential for Article X, Section 100-103, sub- Laurel NY; County Tax Map applicant's property to the south. sections A & C, of the Zoning Parcel # 1000- 129-02-9. 1. and further.; Code, for: (a) excessive length two proposed buildings and 7:45 p.m. AppL: No. 4396- The Board of Appeals will a (b . PETER AND LISA said time and place hear any anc )reducedyardsetbacksofpro- GEVINSIG. Request for Vari- all persons.or representative:. posed buildings, as may be de- ance based upon the June 26, desiring to be heard in the above termined by the Board of Ap- ' 1996 Notice of Disapproval is- ; in this Limited Business (LB) applications. Written comments peals. sued by the Building Inspector Zone District Location of Prop- may also be submitted prior tc 7:25 p.m. Appl. No. 4400 under Article XXIV, Section erty: 73265 Main Road, the conclusion of the subjecr PHILIP GIOIA. Request for a 100-244B on the following I GreenpoM NY: County Parcel' hearing. The above hearings wil Variance under Article ILIA, grounds: a building permit appli- #1000-45-3-2. Size: 51— acres. not start before the times desig- Section 100-30A.4, Section 100- cation has been filed requesting 8:00 p.m. Appl. #4397- nated, and may be in addition tc 30A.4 (100-33) based upon the rear yard setback location of ALLEN W. OVSIANHC. Re- other carryover hearings. It is surveyor's map and limitations of a new dwelling on a substandard quest is made for a formal Inter- recommended that the file(s) br ZBA Appl. No. 4400 to locate size lot known as 405 Wendy pretationoftheJanuary 10, 1989 reviewed before the schedules an accessory garage in a front Drive, Laurel, NY; County Par- Zoning Map, Article II, Section date of the hearing for updates yard area, at 3450 Peconic Bay cel #1000-128-5-1. 100-21, and Article III, Section or new information. If you have Boulevard, Laurel, NY; Parcel 7:50 p.m. AppL No. 4401 100-31A to confirm establish- questions, please also do not #1000-128-6-27. DAVID DeFRIEST (as Ten- ment of the zoning district line; hesitate to call 765-1809. 7:30 p.m. Appl. No. 4395- ant). (Owners: Mr. and Mrs. Jo- of the "B" Business Zone Dis Dated: July 5, 1996 WILLIAM BEEBE. Request seph Gnozzo). Request for Vari- trict to extend 200 feet deep as. BY ORDER OF THE for a Waiver under Article 11, ance based upon the June 3, 1996 per Article 11, Section 100-21.. SOUTHOLDTOWN Section 100-26 of the Zoning Building Inspector's Notice of Property Location: 225 Eugene's BOARD OF APPEALF Code, based upon a disapproval Disapproval under Article VIII, Road, Cutchogue, NY; County GERARD P issued under Section 100-25A, Section 100-81A, issued on the Tax Map II) #1000-97-2-16.51 GOEHRINGER,Chainnar which was determined to be following grounds: Automobile and 15. Present Zoning. General I : "BiLiada-Kowalsk merged with an adjoining im- rental use is not a permitted use Business for the northerly por- IX-7/11/96(23 i • APPEALS BOARD MEMBERS Y 14- Southold Town Hall 53095 Main Road Gerard P. Goehringer. Chairman a ~ o 4b ~ y P.O. Box 1179 Sc ;e Doyen. It. y O~ Southold. New York 11971 James Dinizio, Jr. Fax (516) 765-1823 Roben A. Villa ~ Telephone (516) 765-1809 Lydia Tortora BOARD OF APPEALS TOWN OF SOUTH&D July 5, 1996 TO: Applicant or Authorized Agent Ito: Your Recent Request for a Variance Dour Sir or Madam: Please find enclosed a copy of our Legal Notice published in this week's publication o1' Clio Long Island Traveler. The public hearing will not start before the time noted in this Notice and will be held in the Southold Town Mall (court room). Either an owner or someone familiar with this property and the proposed project should appear at that time. Be sure to pierce the sign (provided to you) on the property at 10 feet (or less) from the front property line near the entrance to the properly, where it can be easily seen by passersby and Board Members viewing the neighborhood over the new few days. The sign may not be placed on a telephone pole or on anyone else's properly. Once placed, you will need to sign the attached Affidavit of Posting and return same to our office for the pernianont fife. To prevent any possible delays, please stake the two corners of proposed construction (which are the subject of the variance) as soon as possible. Photographs are also helpful (for viewing by our Fishers Island Board Member). 11' you have any questions, please call. Very truly yours, Linda Kowalski I:nclosures gUFFt7C,f • ~ p~0 COA 1 APPEALS BOARD MEMBERS = 1 Southold Town Hall w x 53095 Main Road Gerard P. Goehrin;er. Chairman o P.O. Box 1179 Sere Doyen. Jr. = y @*~ Southold. New York 11971 lames Dinizio. Jr. - "Fax (516) 765-1823 Robert A. Villa Lvdia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following applications will be held for public hearings before the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on WEDNESDAY JULY 24 1996, commencing at the times specified below: 7:15 p.m. (Carryover hearing, continued from 6/26196) Appl. No. 3389 - TIMOTHY GRAY and JIMBO REALTY. Location of Property: 13560 and 44360 County Road 48, Southold, NY; Lots #8 & 9 as shown on the Minor Subdivision Map for Pudge Corp. approved by the Planning Bo;ird on or about 7/19/82. Tax Lot #1000-59-4-8 and 9 (these two lots will be combined as one for this building and site plan project). Zone: B General Business. The owners are requesting: 1) Dwelling unit for an on-site manager by Special Exception, pursuant to Article X, Section 100-101B of the Zoning Code. 2) under New York Town Law, Section 274-B-3, the owners are requ(.stine; Variances from Article X, Section 100-103, subsections A & C. of the Zoning Code, for: (a) e:ccessive leugt_h of two proposed buildings and (b) reduced yard setbacks of proposed buildings, as may be, detertnined by the Board of Appeals. Page 2 - Legal Notice • • Regular Meeting of July 24, 1996 Southold Town Board of Appeals 7:25 p.m. Appl. No. 4400 - PHILIP GIOIA_ Request for a Variance under Article IIIA, Section 100-30A.4, Section 100-30A.4 (100-33) based upon surveyor's map and limitations of ZBA Appl. No. 4400 to locate an accessory garage in a front yard area, at 3450 Peconic Bay Boulevard, Laurel, NY; Parcel #1000-128-6-27. 7:30 p.m. Appl. No. 4395 - WILLIAM BEEBE. Request for a Waiver under Article II, Section 100-26 of the Zoning Code, based upon a disapproval issued under Section 100-25A, which was determined to be merged with an adjoining improved parcel identified as 1000-109-7-10.4 although each lot was created by separate deed prior to 1971. Property Location: 1335 New Suffolk Road and 1455 New Suffolk Road, Cutchogue, NY; Subject Parcel is known as 1000-109-7-9.3. Zone District: Limited Business (LB). 7:35 p.m. AppL No. 4399 - DOUGLAS AND LORRAINE ROSE. Request for a Variance based upon the June 20, 1996 Building Inspector's Notice of Disapproval tinder Article IIIA, Section 100-30A.3 issued on the following grounds: A building permit application has been filed requesting the location of an inground pool with raised terrace attached by a raised deck along the rear of existing dwelling, to be located partly in the front yard area (facing Pine Neck Road). Location of Property: 95 Kimberly Lane, Southold, NY; Lot. #1 on the Map of Paradise By the Bay; County Parcel 41000-70-13-20.1. 7:10 p.m. AppL No. 4398 - JOHN and MARY McFEELY. Request for Variance based upon the June 26, 1996 Building Inspector's Notice of Disapproval under Article III, Section 100-3013(3), issued on the following grntntds: building permit application has been filed requesting the i Page 3 - legal Notice Regular Meeting of July 24, 1996 Southold Town Board of Appeals location of an accessory building with a reduced side yard setback, at 5900 Great Peconic Bay Boulevard, Laurel, NY; County Tax Map Parcel #1000- 129-02-9.1. 7:15 p.m. Appl. No. -1396 - PETER and LISA GEVINSKI. Request for Variance based upon the June 26, 1996 Notice of Disapproval issued by the Building Inspector under Article XXIV, Section 100-244B on the following groruids: A building permit application has been filed requesting the rear yard setback location of a new dwelling on a substandard size lot known as 405 Wendy Drive, Laurel, NY; County Parcel #1000-128-5-1. 7:50 p.m. Appl. No. 4,101 - DAVID DeFRIEST (as Tenant). (Owners: Mr. and Mrs. Joseph Gnozzo). Request for Variance based upon the June 3, 1996 Building Inspector's Notice of Disapproval under Article VIII, Section 100-81A, issued on the following grounds: Automobile rental use is not a permitted use in this Limited Business (LB) Zone District. Location of Property: 73265 Main Road, Greenport, NY; County Parcel #1000-45-3-2. Size: 5+- acres. 8:00 P.M. Appl. No. 1397 - ALLEN W. OVSIANIK. Request is made for a formal Interpretation of the January 10, 1989 Zoning Flap, Article II, Section 100-21, and Article III, Section 100-31A to confirm establishment of the zoning district line of the "B" Business Zone District to extend 200 feet deep is per Article 11, Section 100-21. Property Location: 225 tiug;cnre's Road, Cutchogue, NY; County Tax Map ID #1000-97-2-16.5 and 15. Present. Zoning: General Business for the northerly portion, and R-80 Residential for applicant's property to the south, and further. The B)ard of Appeals will <it said time and place hear auv and all pers,uis r)r• ropreseuiatives desiring to be heard in the above applications. Wriii(,n -miments may also be submitted prior to the conclusion of the Page 4 - Legal Notice Regular Meeting of July 24, 1996 Southold Town Board of Appeals subject hearing. The above hearings will not. start before the times designated, and may be in addition to other carryover hearings. It is recommended that the file(s) be reviewed before the scheduled date of the hearing for updates or new information. If you have questions, please do not hesitate to call 765-1609. Dated: July 5, 1996. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, Chairman By Linda Kowalski x ~ t DISCLOSURE I, William D. Moore hereby state pursuant to General Municipal Law Section 809 and Southold Town Code Article 10 the following: 1. An application has been submitted by David DeFriest to the Southold Town Zoning Board of Appeals on behalf of David DeFriest and Rent A Wreck. 2. Patricia C. Moore is representing Rent A Wreck in this matter. 3. Patricia C. Moore is an attorney duly licensed in the State of New York practicing as a sole practicioner with her own clients. She is not affiliated with my law practice. 4. Patricia C. Moore is my wife. 5. I am a member of the Southold Town Board. 6. I do not directly or indirectly review, discuss or participate to any extent in the matter of David DeFriest and Rent A Wreck before the Southold Town Zoning Board. 7. Patricia C. Moore is compensated for her legal services, at an hourly rate, regardless of the outcome of the case, and her fee is not contingent on the results obtained. Dated: July 24, 1996 lia4Doore O ` APPEALS BOARD MEMBERS N ~Gy o Southold Town Hall Gerard P. Goehringer. Chairman 53095 Main Road Serge Doyen. Jr. P.O. Box 1179 James Dinizio. Jr. 0,11 Southold. New York 11971 Robert A. Villa Fax ('516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS SEQRA UNLISTEDWACTIIONSDEC A R A ~ T I O N A u g u s t 21, 1996 Appeal No. 4401 Project Name: David DeFriest, a/k/a Rent-A-Wreck County Tax Map No. 1000- 45-3-2 Location of Project: 73265 Main Road, Greenport, NY Relief Requested/Jurisdiction Before This Board in this Project: Permit to open and conduct Auto Rental Business This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should the project be implemented as planned, and: { } this Board wishes to assume Lead Agency status and urges coordinated written comments by your agency to be submitted with the next 20 days. { X} this Board has taken jurisdiction as Lead Agency, has deemed this Board of Appeals application to be an Unlisted SEQRA Action, and has declared a Negative Declaration for the following reasons: a. An Environmental Assessment has been submitted and evaluated, and/or b. An inspection of the property has been made, or c. Sufficient information has been furnished in the record to evaluate any possible adverse affect of this project as filed, and/or d. This application does not directly relate to new construction or on-site improvements. { } this Board refers lead agency status to your agency since the Board of Appeals does not feel its scope of jurisdiction is as broad as the Planning Board concerning site changes and elements under the site plan reviews. The area of jurisdiction by the Beard of Appeals is not directly related to site improvements or new buildings. (However, if you do not wish to assume lead agency status within 15 days of this letter, we will assume you have waived same, and we will be required to proceed as Lead Agencv.) For further in€ormation, please contact she 7ffice of the Board of Acaeais, -own Hail, uai Read. Scut^.cld, VY 1_971 ar ,E_16) -65-1809. • o~~SpFFO(~-coG, JUDITH T. TERRY y` Town Hall, 53095 Main Road TOWN CLERK y i P.O. Box 1179 u~ • REGISTRAR OF VITAL STATISTICS Southold, New York 11971 ~ MARRIAGE OFFICER Fax (516) 765-1823 RECORDS MANAGEMENT OFFICER Telephone (516) 765-1800 FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: SOUTHOLD TOWN ZONING BOARD OF APPEALS FROM: JUDITH T. TERRY, SOUTHOLD TOWN CLERK RE: ZONING APPEAL NO. 4401 DATE: JULY 8, 1996 Transmitted is an application for a variance submitted by DAVID E. DEFRIEST together with Notice to Adjacent Property Owners; Notice of Disapproval from the Building Department, Zoning Board of Appeals Questionnaire, Short Environmental Assessment Form, survey, and other relevant documents. J~ Terry Southold Town Clerk RECEIVED ,Caer...tW "cr Ji,/aL" -,me 7, r,"<J 8 .c 3~ (JUL $ 1996 `toO Town Clerk Southold TOWN OF sOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO- DATE ..4~-~ D / 4..~ax /ge TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTI TOLD, N. Y. 1, (We) ...........................................of Name of Appellant Street and Number So"-a0ice Y . ...............HEREBY APPEAL TO . Mu..nicipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON ? lg9(v APPLICATION FOR PERMIT NO . DATED Nn¢......)................................. WHEREBY THE BUILDING INSPECTOR DENIED TO T p T r t Lesse.Q J - O5Ep1li 6AIoZ2° J0.V~cC LC-!'.".CSI O Name of Applicant for permit of -13 a (sS Ma;h RC, Greer r~ v lV Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (vf permit i v el0eix - Condo, ~{uVo ~ gus:ness 73a6S Maih lP~ rireeal av LOCATION OF THE PROPERTY Street /Hamlet / Use District on Zoning Map District 1000 SectionySBlock3 Lot a _.Current Owner pyeP 64 0120 Mop No. Lot No. Prior Owner 4hknow i 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Para raph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article`V/111 Section /OO - B/ A - 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 Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 flar;once fio A//e ,J w Ntr ? ~'r Pro /i; b:f~ Ay ?%V wvde 4. PREVIOUS APPEAL A previous appeal (has) has no been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a varionce ............Dated and was made in Appeal No . REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinance ~-a a,/(ow o ore ttia~` ;.r ,o re/i:b,'fe~ Ly, 7%T Cecde is requested for the reason that Farm zDt (Continue on other side) *XN trralA[ In .N s ;atati ~Hrtu!.'l rtU+tStt2-•:SitOt.G3 .::.59 In, 105-1111 n.Lerx'n Imprnvnl Gllner ForrWe 1244 • JODUe n1. nnY [no, Ire a. ` I PVxLIe]¢al dC 10013 ?~)l~gL'eeu~eTYt BETWEEN li JOSEPH GNOZZO and MARY GNOZZO, his wife, both residing at 419 Boca Ciega Pt. S., II St.Petersburg, Florida 33708 as Landlord and DAVID E. DeFRIEST, residing at 51470 Main Road, Southold, NY 11971 as Tenant I~1Tihle~~etb: The Landlord hereby leases to the Tenant the following premises: 73265 Main Road, Greenport, New York II for the term of 18 months I, to commence from the 15th day of March 1996 and to end on the I; III I 15th day of September 1997 to be used and occupied only for a Residential purposes and shop upon the conditions and covenants following: j Iat. That the Tenant shall pay the ,6bdtmflJ rent of $14,400.00 i II I I' said rent to be paid in equal monthly payments in advance on the 15th day of each and every month during the term aforesaid, as follows: On the 15th day of March 1996 and on the 15th, day of each and ill every month thereafter until the 15th day of August 1997. i I I I~,! 2nd, That the Tenant shall take good care of the premises and shall, at the Tenant's own cost and expense make all repairs (I Unless the repairsare of a major maintenance problem in which event the landlord and tenant agree to divide the cost of same on a 50/50 basis. and at the end or other expiration of the term, shall deliver up the demised premises in good order or condition, damages by the elements excepted. 3rd. That the Tenant shall promptly execute and comply with all statutes, ordinances, rules, orders, regulations and require- I ntents of the Federal, State and Local Governments and of any and all their Departments and Bureaus applicable to said premises, for the correction, prevention, and abatement of nuisances or other grievances, in, upon, or connected with said premises during said term; and shall also promptly comply with and execute all rules, orders and regulations of the New York Board of Fire Underwriters, or any other similar body, at the Tenant's own cast and expense. ! 4th. That the Tenant, successors, heirs, executors or administrators shall not assign this agreement, or underlet or under. I~lil lease the premises, or any part thereof, or make any alterations on the premises, without the Landlord's consent in writing: or !II occupy, or permit or suffer the same to be occupied for any business or purpose deemed disreputable or extra-hazardous on III account of fire, under the penalty of damages and forfeiture, and in the event of a breach thereof, the term herein shall im. III mediately cease and determine at the option of the Landlord as if it were the expiration of the original term. III 5th. Tenant must give Landlord prompt notice of fire, accident, damage or dangerous or defective condition. If the Premises can not be used because of fire or other casualty, Tenant is not required to pay rent for the time the Premises are unusable. II part of the Premises can not be used, Tenant must pay rent for the usable part. Landlord shall have the right to decide which part of the Premises is usable. Landlord need only repair the damaged structural parts of the Premises. Landlord is not required to repair or replace any equipment, fixtures, furnishings or decorations unless originally installed by Landlord. Land- lord is not responsible for delays due to settling insurance claims, obtaining estimates, labor and supply problems or any other cause not fully under Landlord's control. II I If the fire or other casualty is caused by an act or neglect of Tenant, Tenant's employees or invitees, or at the time of the fire or casualty Tenant is in default in any term of this Lease, then all repairs will be made at Tenant's expense and Tenant ! must pay the full rent with no adjustment. The cost of the repairs will be added rent. lip Landlord has the right to demolish or rebuild the Building if there is substantial damage by fire or other casualty. Landlord may cancel this Lease within 30 days after the substantial fire or casualty by giving Tenant notice of Landlord's intention to demdlish or rebuild. The Lease will end 30 days after Landlord's cancellation notice to Tenant. Tenant must deliver the Premises to Landlord on or before the cancellation date in the notice and pay all rent due to the date of the fire or casualty. 11 the Lease is cancelled Landlord is not required_fo repair the Premises or Building. The cancellation does not II release Tenant of liability in connection with the hre or casualty. This Section is intended to replace the terms of New York o I Real Property Law Section 117. V1 I jll GIli, 1 he said Tenant agrees that osaid landlord and fire Landlord's agents at her representatives shall have'lite right ht s- jl to enter into and upon said premises, or any part (hereof, at all reasonable hour~r the purpose of examining the lime, or making such repairs or alterations therein as may he necessary for the safety and preservation thereof. 7111- The Tenant also agrees to permit the Landlord or the Landlord's agents to show the premises to persons wishing to hire or purchase the same; and the Tenant further agrees that on and after the sixth month, next preceding the expiration of j the terns hereby granted, the Landlord or the Landlord's agents shall have the right to place notices on the front of said premises, or any part thereof, offering the premises "To Let" or "For Sale", and the Tenant hereby agrees to permit the same to remain thereon without hindrance or molestation. 8th. That it the said premises, or any part thereof shall be deserted or become vacant during said term, or it any default be ~I I made in the payment of the said rent or any part (hereof, or Ff any default be made in the performance of any of lire cove- nanfs herein contained, the Landlord or representatives may re-enter the said premises by force, summary proceedings or otherwise, and remove all persons therefrom, without being Liable to prosecution therefor, and the Tenant hereby expressly it waives the service of any notice in writing of intention to re-enter, and the Tenant shall pay of the same time as the rent ~.I becomes payable under the terms hereof a sum equivalent to the rent reserved herein, and the Landlord may rent the premises premises for a longer period of time than fixed in the original (ease ' on behalf of the Tenant, reserving the right to rent the without releasing the original Tenant from any liability, applying any moneys collected, first to the expense of resuming or obtaining possession, second to restoring the premises to n rentable condition, and then to the payment of the rent and all other charges due and to grow due to the Landlord, any surplus to be paid to the Tenant, who shall remain liable for any deficiency. i 1 ~ 9111, Landlord may replace, at the expense of Tenant, any And all broken glass in and about the demised premises. Landlord 'I t may insure, and keep insured, all plate glass in the demised premises for and in the name of Landlord. Bills, for the premiums therefor shall be rendered by Landlord to Tenant at such times as Landlord may elect, and shall be dire from, and payable by L: Tenant when rendered, and the amount thereof shall be deemed to be, and he paid as, additional rental. Damage and injury to the said premises, caused by the carelessness, negligence or improper conduct on the part of the said Tenant or the Tenant's agents or employees shall be repaired as speedily as possible by the Tenant at the Tenant's own cost and expense. I 10th. That the Tenant shall neither encumber nor obstruct the sidewalk in front of, entrance to, or halls and stairs of said premises, nor allow the same to be obstructed or encumbered in any manner. I l llh. The Tenant shall neither place, or cause or allow to le placed, any sign or signs of any kind whatsoever at, in or about the entrance to said premises or any other part of same, except in or at such place or places as may he indicated by the Land. lord and consented to by the Landlord in writing. And in case the Landlord or the Landlord's representatives shall deem it it i necessary to remove any such sign or signs in order to pain' the said premises or the building wherein same is situated or make any other repairs, alterations or improvements in or upon said premises or building or any part thereof, the Landlord shall have the right to do so, providing the same be removed and replaced at the Landlord's expense, whenever the said f.~ I repairs, alterations or improvements shall be completed. ' i 12th., That the Landlord is exempt from any and all liability for any damage or injury to person or property caused by or resulting from steam, electricity, gas, water, rain, ice or snow, or any leak or flow from or into any part of said building or from any damage or injury resulting or arising from any other cause or happening whatsoever unless said damage or injury be caused by or be due to the negligence of the Landlord. i 13111. That if default he made in any of the covenants herein contained, (lien it shall be lawful for the said Landlord to re- I enter the said premises, and the same to have again, re-possess and enjoy. The said Tenant hereby expressly waives the service of any notice in writing of intention (o re-enter. I. 141h- That this instrument shall not be a lien against said ;premises in respect to any mortgages that are now on or that here- after may be placed against said premises, and that the recording of such mortgage or mortgages shall have preference and precedence and be superior and prior in lien of this lease, irrespective of the date of recording and the Tenant agrees to ex- ecute without cost, any such instrument which may be deemed necessary or desirable to further effect the subordination of this lease to any such mortgage or mortgages, and a refusal to execute such instrument shall entitle the Landlord, or the Land- lord's assigns and legal representatives to the option of cancelling this lease without incurring any expense or damage and ! the term hereby granted is expressly limited accordingly. 151h The Tenant has this day deposited with the Landlord the sum of $ 800.00 as security for the full and faithful I. performance by the Tenant of all the terms, covenants and conditions of this lease upon the Tenant's part to be performed, which said sum shall be returned to the Tenant alter the time fixed as the expiration of the term herein, provided the Tenant 1 has fully and faithfully carried out all of said terms, covenants and conditions on Tenant's part to he performed. In the event I I of a bona fide sale, subject to this lease, the Landlord sha!f have the right to transfer the security to the vendee for file benefit of the Tenant and the Landlord shall be considered released by the Tenant from all liability for the return of such securit i y; and the Tenant agrees to look to the new Landlord solely for the return of the said security, and it is agreed that ! this shall apply to every transfer or assignment made of the security to a new Landlord. ~ 16th. That the security deposited under this lease shall not be mortgaged; assigned or encumbered by the Tenant without the written consent of the Landlord. 17th. It is expressly understood and agreed that in case the demised premises shall be deserted or vacated, or it default he made in the payment of (lie rent or any part thereof as herein specified, or if, without the consent of the Landlord, the Tenant ' shall sell, assign, or mortgage this lease or if default be made in the performance of any of the covenants and agreements in this lease contained on the part of the Tenant to be kept and performed, or it the Tenant shall fail to comply with any of the statutes, Ordinances, rules, orders, regulations and requirements of the Federal, State and Local Governments or of any and all their Departments and Bureaus, applicable to said premises, or if the. Tenant shall file or there-he filed against Tenant a j. i petition in bankruptcy or arrangement, or Tenant be adjudicated a bankrupt or make an assignment for the benefit of credifnrs ~I or take advantage of any insolvency act, the Landlord pray, if the Landlord so elects, at any time (hereafter terminate this f lease and the term hereof, on giving to the Tenant five days' notice in writing of the Landlord's intention so to do, and this lease and the term hereof shall expire and come to an end on the date fixed in such notice as if the said date were the date originally fixed in this lease for the expiration hereof. Stich notice may be given by mail to the Tenant addressed to the, i demised premises. 18111. Tenant shall pay to Landlord the rent or charge, which may, during the demised term, be assessed or imposed for the wafer used or consumed in or on the said premises, whether determined by meter or otherwise, as soon as and when the same may be assessed or imposed, and will also pay the expenses for the seffing of a water meter in the said premises should the latter he required. Tenant shall pay Tenant's proportionate part of the sewer rent or charge imposed upon the building. All such rents or charges or expenses shall be paid as additional rent and shall be added to the next month's rent thereafter to 'become due. t 191h- That the Tenant will not nor will the Tenant hermit undertenan(s or other persons to do anything in said premises, or 1 bring anything into said premises, or permit anything to be brought into said premises or to be kept therein, which will in any war increase (he rate of fire insurance on said demised Premises, nor use the demised premises or any part thereof, nor suffer or permit their use for any business or purpose which would cause an increase in the rate of fire insurance on said building, and the Tenant agrees to pay on demand any such increase. 20th. The failure of the Landlord to insist upon a strict performance of Any of the terms, conditions and covenants herein, shall not be deemed a waiver of any rights or remedies that the Landlord may have, and shall not be deemed a waiver of any subsequent breach or default in the terms, conditions and covenants herein contained. This instrument may not be changed, modified, discharged or terminated orally. 2191. If the whole or any par( of the demised premises shall be acquired or condemned by Eminent Domain for any public or quasi public rise or purpose, then and in that event, the term of this lease shall cease and terminate from the date of title vesting in such proceeding and Tenant shall have no claim against Landlord for the value of any unexpired term of said lease. t No part if any award shall belong to the Tenant. i 22nd. 11 after default in paym*of rent or violation of any other provision this lease, or upon the expiration of this lease, the Tenant moves out or is dispossessed and fails to remove any trade fixtures or other property prior to such said default, removal, expiration of lease, or prior to the issuance of the final order or execution of the warrant, then and in that event, the said fixtures and property shall he deemed abandoned by the said Tenant and shall become the property of the Landlord. 23rd. In the event that the relation of the Landlord and Tenant may cease or terminate by reason of the re-entry of the Landlord under the terms and covenants contained in this lease or by the ejectment of the Tenant by summary proceedings or otherwise, or after the abandonment of the premises by the Tenant, it is hereby agreed that the Tenant shall remain liable and shall pay in monthly payments the rent which accrues subsequent to the re-entry by the Landlord, and the Tenant expressly agrees to pay as damages for the breach of the covenants herein contained, the difference between the rent reserved and the rent collected and received, if any, by the Landlord during the remainder of the unexpired term, such difference or deficiency between the rent herein reserved and the rent collected if any, shall become due and payable in monthly payments during the remainder of the unexpired term, as the amounts of such difference or deficiency shall from time to time be ascertained; and it is mutually agreed between Landlord and Tenant that the respective parties hereto shall and hereby do waive trial by jury in any action, proceeding or counterclaim brought by either of the parties against the other on any matters whatsoever arising out of or in any way connected with this lease, the Tenant's use or occupancy of said premises, and/or any claim of injury it or damage. 24th. The Tenant waives all rights to redeem under any law of the State of New York, 25th. This lease and the obligation of Tenant to pay rent hereunder and perform all of the other covenants and agree- ments hereunder on part of Tenant to be performed shall in nowise he affected, impaired or excused because Landlord is unable to supply or is delayed in supplying any service expressly or impliedly to be supplied or is unable to make, or is delayed in making any repairs, additions, alterations or decorations or is unable to supply or is delayed in supplying any equipment or fixtures if Landlord is prevented or delayed from so doing by reason of governmental preemption in connec- tion with a National Emergency or in connection with any rule, order or regulation of any department or subdivision thereof of any governmental agency or by reason of the condition of supply and demand which have been or are affected by war or other emergency. 26th. No diminution or abatement of rent, or other compensation, shall be claimed or allowed for inconvenience or discom- I fort arising from the making of repairs or improvements to the building or to its appliances, nor for any space taken to comply with any law, ordinance or order of a govermnemal authority. In respect to the various "services," if any, herein expressly or implicitly agreed to be furnished by the Landlord to the Tenant, it is agreed that there shall be no diminution or abatement I of the rent, or any other compensation, for interruption or curtailment of such "service" when such interruption or curtailment shall be due to accident, alterations or repairs desirable or necessary to be made or to inability or difficulty in securing supplies or labor for the maintenance of such "service" or to some other cause, not gross negligence on the part of the Landlord. No such interruption or curtailment of any such "service" shall he deemed a constructive eviction. The Landlord shall not be required to furnish, and the Tenant shall not be entitled to receive, any of such "services" during any period wherein the "i Tenant shall be in default in respect to the payment of rent. Neither shall there be any abatement or diminution of rent because of making of repairs, improvements or decorations to the demised premises after the date above fixed for the commencement of the term, it being understood that rent shall, in any event, commence to run at such date so above fixed. 271h. Landlord shall not be liable for failure to give possession of the premises upon commencement date by reason of the fact that premises are not ready for occupancy or because a prior Tenant or any other person is wrongfully holding over or is in wrongful possession, or for any other reason. The rent shall not commence until possession is given or is available, but I the term herein shall not be extended. 28. The Tenant shall be responsible to pay for Fire and Liability insurance preoirms which shall be deaned additional rent. 29. Tenant agrees to fill the oil tank at expiration of this lease at his own cost and expense and shall be deemed rent. 30. In the event that the tenant has fully complied with all the terms of this lease he shall have the option to extend this lease for an additional 6 month period at the same terms and conditions as set forth herein. 31. Tenant agrees to give written notice to the landlord of his intention to exercise this option no later than June 15, 1997, which notice shall be by certified mail return receipt. 32. Tenant agrees to permit present tenant to remain for a period of 3 months but shall be entitled to receive the rent payments. 33. Landlord agrees to permit tenant to make renovations to the premises that may be deemed necessary or may be a condition to obtaining a bank loan but first must obtain a written permission in writing from the landlords before the work is commenced. Said improvements shall be at the sole cost and expense of the tenant. 34. In the event the tenant is in full compliance of all the terms of this lease, he shall have the option to purchase the subject premises pursuant to the terms of the contract of sale which is annexed hereto and made a part hereof and designated as Exhibit A. The tenant shall give written notice to the landlords of his intent to purchase the premises no later than June 15, 1997 by written mail, return receipt. And the said Landlord doth covenant that the said Tenant on paying the said yearly rent, and performing the covenants aforesaid, shall and may peacefully and quietly have, hold and enjoy the said demised premises for the term aforesaid, pro- II vided however, that this covenant shall be conditioned upon the retention of tide to the premises by the Landlord. 00 it ig ntutuallp I nberglooh olla ogretb that the covenants and agreements contained in the within lease shall be binding upon the parties hereto and upon their respective successors, heirs, executors and administrators. I„ 3n Witwi 1VI)[rgot, the parties have interchangeably set their hands and seals (or caused these presents to he :I signed by their prop r corporate officers and caused their proper corporate seal to be hereto affixed) this ~y day of `~i7ll/Lr?, 19 9elj. I Signed, sealed and delivered QQQ L I in the presence of .._....L. S. ~I JOSEPH ZZO 1.t2 ....L4 k..& !C....... L. S. DAV D E RI ST S. ti I 6tatt of _Qety Vorh, g~ Count).) of On the day of f9 before me personally came to me known and known to me to be the individual described in, and who executed, the foregoing instrument, and acknowledged, to me that he executed the same. Matt of .9du Ruh, QCotmtp of On the day of 19 before me personally came to me known, who, being by me duty sworn, did depose and say that he resides at No. that he is the of the corporation mentioned in, and which executed, the foregoing instrument; that he knows the seal of said corpora- tion; that the seal affixed to said instrument is such corporate seat; that it was so affixed by order of the Board of of said corporation; and that he signed h name thereto by like order. 4 V N Q 31n Conotbtration of the letting of the premises within mentioned to the within named Tenant and the sum of $1.00 paid to the undersigned by the within named Landlord, the undersigned do hereby covenant and agree, to and with the Landlord and the Landlord's legal representatives, that it default shall at any time be made by the said Tenant in the payment of the rent and the performance of the covenants contained in the within lease, on the Tenant's part to be paid and performed, (bat the undersigned will well and truly pay the said rent, or any arrears thereof, that may re- main due unto the said Landlord, and also pay all damages that may arise in consequence of the non-performance of said covenants, or either of them, without requiring notice of any such default from the said Landlord. The undersigned hereby waives all right to trial by jury in any action or proceeding hereinafter instituted by the Landlord, to which the undersigned may be a party. bt Mlihltgff Mfjtrtof, the undersigned ha set hand and seal this day of ,19 WITNESS L. S. N4- 7 A 804 1 (R"v- 1109) - C@J rant 1 OR SAI E -Pnge 1 REP, JHIED(994) WARNING: EXHIBIT A r NO REPRESENTATION IS MADE THAT THIS FORM OF CONTRACT FOR THE SALE AND PURCHASE OF REAL ESTATE COMPLIES WITH SECTION 5-702 OF THE GENERAL OBLIGATIONS LAW ("PLAIN ENGLISH"). CONSULT YOUR LAWYER BEFORE SIGNING IT. NOTE: FIRE AND CASUALTY LOSSES: This contract form does not provide for what happens in the event of fire or casually loss before the title closing. Unless different provision is made in this contract, Section 5-1311 of the General Obligations Law will apply. One part of that law makes a purchaser responsible for fire and casualty loss upon taking of title to or possession of the premises. DATE: CONTRACT OF SALE made as of the day of , 19 BETWEEN PARTIES: JOSEPH GNOZZO and MARY GNOZZO, his wife, both residing at Address: 419 Boca Ciega Pt., S., St. Petersburg, Florida 33708 hereinafter called "SELLER", who agrees to sell; and DAVID E. DeFRIEST, residing at Address: 51470 Main Road, Southold, NY 11971 hereinafter called "PURCHASER" who agrees to buy the property, including all buildings and improvements PREMISES: thereon (the "PREMISES"), more fully described on a separate page marked "Schedule A," and also known as: Street Address: 73265 Main Road, Greenport, New York Tax Map Designation: 1000-045000-0300-002000 Together with SELLER'S interest, if any, in streets and unpaid awards as set forth in Paragraph 9. PERSONAL The sale also includes all fixtures and articles of personal property attached to or used in connection with PROPERTY: the PREMISES unless specifically excluded below. SELLER states that they are paid for and owned by SELLER free and clear of any lien other than the EXISTING MORTGAGE(S). They include but are not limited to plumbing, heating, lighting and cooking fixtures, bathroom and kitchen cabinets, mantels, door mirrors, venetian blinds, shades, screens, awnings, storm windows, window boxes, storm doors, mail boxes, weather vanes, flagpoles, pumps, shrubbery, fencing, outdoor statuary, tool sheds, dishwashers, washing machines, clothes dryers, garbage disposal units, ranges, refrigerators, freezers, air conditioning equipment and installations, and wall to wall carpeting., as may presently be on the premises. Excluded from this sale are: Furniture and household furnishings, PURCHASE 1. (a) The purchase price is $ 117,000.00 PRICE: Payable as follows: On the signing of this contract, by check subject to collection: $ 17,000.00 (to be held in escrow by seller's attorney until closing of title) By allowance for the principal amount still unpaid on EXISTING MORTGAGE(S): $ By a Purchase Money Note and Mortgage from PURCHASER (or assigns) to SELLER: $ BALANCE A'I' CLOSING: $ 100, 000.00 (b) If this sale is subject to an EXISTING MORTGAGE, the Purchase Money Note and Mortgage will also provide that it will remain subject to the prior lien of any EXISTING MORTGAGE even though the EXISTING MORTGAGE is extended or modified in good faith. The Purchase Money Note and Mortgage shall be drawn on the standard form of New York Board of Title Underwriters by the attorney for SELLER. PURCHASER shall pay the mortgage recording tax, recording fees and the attorney's fee in the amount of $ for its preparation. (c) If any required payments are made on an EXISTING MORTGAGE between now and CLOSING which reduce the unpaid principal amount of an EXISTING MORTGAGE below the amount shown in paragraph 2, then the balance of the price payable at CLOSING will be adjusted. SELLER agrees that the amount shown in Paragraph 2 is reasonably correct and that only payments required by the EXISTING MORTGAGE will be made. (d) If there is a mortgage escrow account that is maintained for the purpose of paying taxes or insurance, etc. SELLER shall assign it to PURCHASER, if it can be assigned. In that event PURCHASER shall pay the amount in the escrow account to SELLER at CLOSING. EXHIBIT A EXISTING 2. The PREMISES will be eyed subject to the continuing lien of "EXSTING MORTGAGE(S)" as follows: It MORTGAGE(S): Mortgage now in the unpai rincipal amount of $ and 0est at the rate of per ten' per , year, presently payable in installments of $ , which include principal, interest, and with any balance of principal being due and payable on SELLER hereby states that no EXISTING MORTGAG3E contains any provision that permits the holder of the mortgage to require its immediate payment in full or to change any other term thereof by reason of the fact of CLOSING ACCEPTABLE 3. All money payable under this contract unless other se specified, shall be either: FUNDS: a. Cash, but not over one thousand 1,000.00) Dollars, b. Good certified check of PURCHASER, or official check of any bank, savings bank, trust company/1 or saving9s and loan association having a banking office in the State of New York, payable to the order of SELLER )dr/t Ne,bWW1 f ~w NY$ 8d~dul~/kdV ~e~14v/gU512V11 V~~ilAd1ndiVld(kV{Adt~kNde(b!8 VI/O i tuble~krfdedf t(i~t Pl~~~it3'$,~POrl~kY l c. Money other than the purchase price, payable to SELLER at CLOSING, may be by check of PURCHASER up to theamountof FIVE-HUNDRED----------------- 500.00 )dollars,or d. As otherwise agreed to in writing by SELLER or SELLER'S attorney. "SUBJECT TO" 4. The PREMISES are to be transferred subject to PROVISIONS: a. Laws and governmental regulations that affect the use and maintenance of the PREMISES, provided that they are not violated by the buildings and improvements erected on the PREMISES. b. Consents for the erection of any structures on, under or above any streets on which the PREMISES abut. c. Encroachments of sloo s, areas, cellar s e s, trim and cornices, if an u on an street or hi h a d. Any set of facTs an accura~ survey or surve'1ispenNion mayq Mw provided title ~OsgveoanLSe, easementmsran{darestrictions of record, provided not violated by TITLE 5. SELLER shall give and PURCHASER shall accept such title as any reputable title company doing COMPANY. business in Suffolk County, APPROVAL a member of The New York Board of Title : Underwriters will be willing to approve and insure in accordance with their standard form of title policy, subject only to the matters provided for in this contract. CLOSING 6. "CLOSING" means the settlement of the obligations of SELLER and PURCHASER to each other under this contract, DEFINED including the payment of the purchase price to SELLER, and the delivery to PURCHASER of a Bargain & AND FORM OF DEED: Sale Deed with Covenants, and deed in proper statutory form for recording so as to transfer full ownership (fee simple title) to the PREMISES, free of all encumbrances except as herein stated. The deed will contain a covenant by SELLER as required by Section 13 of the Lien Law. If SELLER is a corporation, it will deliver to PURCHASER at the time of CLOSING (a) a resolution of its Board of Directors authorizing the sale and delivery of the deed, and (b) a certificate by the Secretary or Assistant Secretary of the corporation certifying such resolution and setting forth facts showing that the transfer is in conformity with the requirements of Section 909 of the Business Corporation Law. The deed in such case shall contain a recital sufficient to establish compliance with that section. CLOSING 7. CLOSING will take place at the office of Gary Flanner Olsen, Esq., Main Rd., CutchOgue, NY DATE or t;hhe office of the lending institution AND PLACE: at o'clock on or aDOUt 21 days after mortgage commitment. BROKER: 8. PURCHASER hereby states that PURCHASER has not dealt with any broker in connection with this sale other than EAST END REAL ESTATE and SELLER agrees to pay the broker the commission earned thereby (pursuant to separate agreement). STREETS AND 9. This sale includes all of SELLER'S ownership and rights, if any, in any land lying in the bed of any street or highway, ASSIGNMENT opened or proposed, in front of or adjoining the PREMISES to the center line thereof. It also includes any right of OF UNPAID SELLER to any unpaid award by reason of any tak ng by condemnation and/or for any damage to the PREMISES by AWARDS: reason of change of grade of any street or highway. SELLER will deliver at no additional cost to PURCHASER, at CLOSING, or thereafter, on demand, any documents which PURCHASER may require to collect the award and damages. MORTGAGEE'S 10. SELLER agrees to deliver to PURCHASER at CLOSING a certificate dated not more than thirty (30) days before CERTIFICATE CLOSING signed by the holder of each EXISTING MORTGAGE, in form for recording, certifying the amount of the OR LETTER AS unpaid principal and interest, date of maturity, and rite of interest. TO EXISTING MORT- SELLER shall pay the fees for recording such certificate. If the holder of a mortgage is a bank or other institution as GAGE(S): defined in Section 274-a, Real Property Law, it may, instead of the certificate, furnish an unqualified letter dated not more than thirty (30) days before CLOSING containing the same information. SELLER hereby states that any EXISTING MORTGAGE will not be in default at the Mime of CLOSING. COMPLIANCE a 1,a-S will ageitaly with all l OF A0146AS efuletatieas-etJaw-acmuaisipal ordiaaasea~erdaw lac requirements WITH STATE noted in or issued by any governmental department having authority as to lands, housing, builcingsae-ti€alth and AND labor conditions affecting the PREMISES at the date hereof. The PREMISES shall be ns rfel"ed free of them at MUNICIPAL CLOSING and this provision shall survive CLOSING. SELLER shall furnish ASER with any authorizations DEPARTMENT VIOLATIONS necessary to make the searches that could disclose these matters. AND ORDERS: OMIT IF THE b. All obligations affect' a PREMISES, incurred pursuant to the Administrative Code of the City of New York PROPERTY prior to CLOSIN and payable in money shall be discharged by SELLER at CLOSING. This provision shall survive IS NOT IN -CLOSINf. THE CITY OF NEW YORK INSTALLMENT 12. If at the time of CLOSING the PREMISES are affected by an assessment which is or may become payable in ASSESSMENT: annual installments, and the first installment is then a lien, or has been paid, then for the purposes of this contract all the unpaid installments shall be considered due and are to be paid by SELLER at CLOSING. SCHEDULE A I A11 ILaI certain plo, puce ur I.u rel ('1 hurl, %%1111 th, 1,1111 ,1111g, and iinplnn'mrnl, fill(( m ,III led, N1111.11(' lying and Iwing lerr4a west of the Village of Greenport, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the northerly side of Main Road (Route 25) distant 76.74 feet westerly when measured aluug Lire northerly side of said Haiti Road, from a point where the southwesterly corner of land now or formerly of the Village of Greenport and the southeasterly, corner of land now or formerly of Stacia Mary Rutkowski intersects the. northerly side of said Main Road; running thence along the northerly side of said Main Road South 77 degrees 56 minutes 00 seconds West 147.43 feet to land nor or formerly of Walter Twardowski; running then along said land North 26 degrees 29 minutes 30 seconds West 733.14 fee to land now or formerly of Lite Village of Greenport; running Licence along said land NorLh 77 degrees 56 minutes 00 seconds East 481.52 fee, to land now or formerly of Stacia Mary Rutkowski; running thence along' said land South 0 degrees 01 minutes 30 seconds East 126 feet to the northerly side of Malu Road at Lite point or place of beginning. TOGETHER with an easement and right ol. way for Lite purpose of ingress and egress over Lhe presently black Lopped area at Lite southwesterly corner of the land of Stacia Mary Rutkowski, inunediaLely to the East bounded and described as follows: BEGINNING aL Lite southeasterly corner of the premises above described and runninglhence easLerLy along Lite norLherly side of said Malu Road a distance of 35 feet.; running Lhence in a general northwesterly direction a distance of 42 feet Lo a point on the easterly line of the above-described premises; running; Lhence SouLh 0 degrees 1 minute 30 seconds East aLong said easlerl.y line 30 feel Lo Lire point or place off beginning.' HOARD Or APPEALS TOWN OF SOUTHOLD In the Matter of the Petition of David E. DeFriest NOTICE TO to the Hoard of Appeals of the Town of Southold TO: Village of Greenport PROPERTY OWNER Village Hall 236 Third Street Greenportz New York 11944 YOU ARE IIERE13Y GIVEN NOl ICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (Special Exception) (Special Permit) (Other) [circle choice] Variance _ ! 1 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 73265 main Road Greenooot Naar ynrk _ 3. That the property which is the subject of such Petition is located in the following zoning district: i imit A R,lqi ne 4 Jhat by such Petition, the undersigned will request the following relief: To operate automobile rental business at this location. - 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article VIII Section 300-21A 6 that a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 76'5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Hoard of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: [yam' ~P E. /J, 9.ted.~` euee) Petitioner Owners' Names: Joseph ,no Post Office Address 419 Rnra Laga Pt. s Gf ~e~eES[J tar 1 ?1 3709 Tel- No. 813) 393-3111 [Copy of sketch or plan showing proposal to be attached for convenience purposes.] PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAM ADDRESS STATE OF NEW YORK I ss.: COUNTY OF SUFFOLK) D&V; E. be'Fv;CS " residing at ~zSS /YIi// Cr¢eK ~Y Se"Mo/of N being duly sworn, deposes and says that on the =18`4 day of u ne 19 4G deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of. fice at <Sou fl of f My that said Notices were mailed to each of said persons by (certificd) (registered) mail. Sworn to before me thisg day of -Une 1}9 Notary Public JDGM& OBATM Now York C t ti It Coungr Examtyypbar3l, N Q (This side does not have to be completed on form transmitted to adjoining property owners.) P 538 455 988 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail See reverse ~E Semto Village of Greenport Street & Number 236 Third Post Office, State, & ZIP Code - Green 4 Postage $ Certified Fee Special Delivery Fee Restricted Delivery Fee Return R h Yto a Whom ivereA f n Relu S irg to WMm, J 6jdaw 6O D ressees TO Pos s Po or Dat ti to REC'~ BOARD OF APPEALS TOWN OF SOUTHOLD In the Matter or the Petition of David E. DeFriest NOTICE TO to the Board of Appeals of the Town of Southold TO: OCI Mortage Corp. PROPERTY OWNER 826 Congress Suite 200 Austin, Texas 78701 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (Special Exception) (Special Permit) (Other.) [circle choice) Variance J 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 73265 Main goad, reenFlor_t_ New ynrk 3. That the property which is the subject of such Petition is located in the following zoning district: Limited Business 4 that h~ such Petition, the undersigned will request the following relief: ' To oaerace automobile rental business at this location 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article VIII Section 100-81A 6. That a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 7~5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: e1JeP Petitioner Owners'Names: Joseph Gnozzo Post Office Address 419 Boca Ciega Pt • S St. Petersburg, L. 33708 Tel . No. ( 813 ) 393-3111 [Copy of sketch or plan showing proposal to be attached for convenience purposes.] PROOF OF MAIILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS STATE OF NEW YORK) ss.: COUNTY OF SUFFOLK) ~Jafj;d JE D r: ea residing at X255 /Y/'// Crp ~h ,5ou7Zrc14 Nx being duly sworn, deposes and says that on the 28 Y' day of V4ne , 19 ye deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at -S04g%'14 Aly ; that said Notices were mailed to each of said persons by (certified) (registered) mail. ~~`^q~ G.. /JAR Sworn to beforel Zme this Zg day of J,d 19 q C Notary Public BEM & GRATTAN IoM of Now York aa. CWAW (This side does not have to be completed on form transmitted to adjoining property owners.) P S38 4SS 991 US Postal Service Receipt for Certified Mail w No Insurance Coverage Provided. Do not use for International Mail (See revers e Sent to r OCI Mortage Corp. M1 Street 8 Number I 826 Congress Suite 00, Past Office, State, & ZIP Code - Austin Texas 78701 Postage Cenlfied Fee r l ` Special Delivery Fee Restricted Delivery Fee e7) rn Petum Re Showing to Wh to d essee's Addrgt 19 t a Fees $ .S M 4W • y • BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of David E. DeFriest NOTICE TO to the Board of Appeals of the Town of Southold TO: PROPERTY OWNER Barbara J. McElroy P. 0. Box 503 Southold, New York 11971 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (Special Exception) (Special Permit) (Other) [circle choice) Variance 1 1 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 73265 Main Road, Greenport, New York 3. That the property which is the subject of such Petition is located in the following toning district: Limited Business 4 Thai b~ such Petition, the undersigned will request the following relief: To operate automobile rental business at this location, S. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article VIII Section 100-81A 6. That a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 7~5-1809. T That before the relief sought may be granted, a public hearing must be field on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: Petitioner Owners'Names: Joseph Gnozzo Post Office Address 419 Boca Ciega Pt. S St- Petersburg FL 33708 Tel. No. ( 813) 393-3111 [Copy of sketch or plan showing proposal to be attached for convenience purposes.] • PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAM ADDRESS STATE OF NEW YORK) ss.: COUNTY OF SUFFOLK) C7atv,'cl E. /D-0e r7F residing at 2~SS m%// Ci ~Q+~C Sou fr*v/.f M/ , being duly sworn, deposes and says that on the AF day of :~ru.,e , 19 Y( deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current ass(eC'ssment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- face at c l6u>~ro1d NZ that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this Z g day of 1-9 otary Public AW~N & GRATTAN N a tlootk c u"N IIM-1 96 CrtlnttMdott ExPkft Ootobet z: (This s side does not have to be completed on form transmitted to adjoining property owners.) P 538 455 990 US Postal Service F Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail See reverse r semto Barbara McElroy Street & Number [ P_ 0- Box 501 Post Office, State, & ZIP Code Postage $ 3 Certified Fee L O Special Delivery Fee Restricted Delivery Fse N m Retum g u R to D eds 8 Posts $ g' Z rA Cq P orD o I I I BOARD OF APPEALS TOWN OF SOUTHOLD In the Matter or the Petition of David E. DeFriest NOTICE TO to the Board of Appeals of the Town of Southold TO: PROPERTY OWNER New York State c/o Law Dept. Empire State Plaza Albany, New York 12200 YOU ARE IIERE13Y GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of .'.e Town of Southold to request a (Variance) (Special Exception) (Special Permit) (other.) [circle choice) Variance ' --L. 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 73265 Main Road, Greenport, New York 3. That the property which is the subject of such Petition is located in the following zoning district: T.imitpcl R,cin a J Thai h~ iuch Petition, the undersigned will request the following relief: To operate automobile rental business at this location. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article VIII Section 100-81A 6. That - a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 76'5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: ~Gt,.z--aci" C. /.lR~iueL? ~e,le_e~ Petitioner Owners'Names: Joseph Gnoz_zo _ Post Office Address _ 419 Boca Ciega Pt. S St_ Pejag_ burg, FL. 3370.8 Tel. No. ( 813 393-3111 [Copy of sketch or plan showing proposal to be attached for convenience purposes.] % PROOF OF MAIIJNG OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAM ADDRESS STATE OF NEW YORK) ss.: COUNTY OF SUFFOLK) -0,7' p E.. bk'& e.sl1' residing at 'r Cteek Sot f60/0 Ny being duly sworn, deposes and says that on the o2F day of ~tne 19 9G deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at you,;e4o cP A/~ that said Notices were mailed to each of said persons by (certified) (registered) mail. ~g Sworn to beff e me this day of °)t Vl 12 19TA. Notary Public S GRATTAN of Mow Von 8u t11b1k f+Ow": OctoOor (This side does not have to be completed on form transmitted to adjoining property owners.) r P 538 4SS 961 US Postal Service Receipt for Certivied Mail No Insurance Coverage Provided. Do not use for International Mail 'See reverse Sent to NY State c/o Law Dept . Streetd moire State Plaza Post o iW t ny,P CStf 12200 Postage i Certified Fee Special Delivery Fee j Restricted De Wh, r rn Retu Who a DeNV9`ed~.^ ` ll Rem 'Ptshow' to Whom, D dressee' V C O TO ostage $ 71r3Z , CO OD a Po ark or Dat E OWD CD I y 0 TOWN A40UTHOLD OFFICE OF BUILDING INSPECTOR Town Hall Receipt NO. 513 5 9 Southold, New York 11971 Date Receive of k~.!.!J..... l~Qc f ~Il.. ....cs? /100 Dollars For r1C3 .t JY Fee for Fee for Fee for Fee for Certificate ? Yard Sale ? ? ? H.I.C. ? Building Permit ? of Occupancy ? Misc. ? Cash heck -ff. Ji. $...:~.7 . Building Dep enT sin r15~'7 r r A2E~a :5.125 AG.'E<' 0, o 0 \ M u • ° a n ;y t• b 0 a ` W X CUS(o,rirr ~arK%%!g ~ r uw r 1 Enl,l4oj EE P~$KiNG E J i 1 'IA I 6MG~o 1 EE P HRx~N6 C ~,IG. xAb /Jg-~ s _ 1 b~a1 x o~x 76.-l+ - w wl~ 3S' 11 HQ X ge Ka/ ~arJ .r. CPC. 1 q. 4?' r1c, -s73s dP-0 g:7Tr5b Fu~drdY,+~ E GUAQANTFF- i;:3,` o re- zs~ JMJ,25,1983 )F Y, Vq CL. o q p U IOA Gi~.> `CST 20 +,ym \`S {5256 vul ll) Of IIL.AI:I'll FORM NO. I J~'S OF PLANS I U TOWN OF SOUTHOLD SII P.Y . _ - . . . - v is U LS BUILDING DEPARTMENT CHECK {i - TOWN IIALL S17PTI.C FORM MAY 2 3Igg6 ;i SOOTNOLD, N.Y. 11971 Tr.: 765-1902 NOTIFY: BL DEPT CALL 7.... ?.(So TOWN SOUfHO-LD ~y Dui { b es 1 1?~cmirxnl-ltl''~ MA Il. TO . . . J) O 13ox /c1 S7 Approved .%..---19G.. Permit No. J~.... tie 9~ //9 71 Oisappr(rvevl n/c a? . (Bnil(linp Inspector) APPLICATION FOR BOILOINO PERMIT Date.. ...~----l....,19.r~... TNSTROCTIONS a. This application must be completely filled in by typewriter or in ink aril submitted to the Iltdidinp, Inspector witli 7 sets of plans, accurate plot plan to scale. Pee according to scle(krle- b. Plot plan slxxaing location of lot an(1 of boildiops on premises, relationship to adjoining premises or pfilic streets or areas, and giving, a detailed description of layout of property mist be dram on Che diagram which is part of this application. c. lbe work covered by this application may not he conrenced before issuance of Wilding Permit. d. Thom approval of this application, the IAiildinp inspector will. issue a Rnilding Permit to the applicant. Such permit: shall be kept on the premises available for inspection thmiBbout the work. e. No Wilding shall be oc(nrpied or used in whole or in part for arry fin-pose whatever tuntil a Certificate of Or"itian(y drall ha<, been granted by tle Building Inspector. APPLICArICN IS IVWiBY MATE to t1e 14oilding Department for (he issuance of a Building Permit pursuant to blip Bnilding pone Orlinance of the Town of Southold, Suffolk Conty, New York, aril other applicable laws, Ordinances or Rep(rlatioos, for the constnnction of lxrildings, a(lditions or alterations, or for rvmrc al or demolition, as herein (described. 'the applicant nprms to c(riply with all applicable laws, ordinances, Wilding code, boning code, and rep(rlations, and to admit aotlorized inspectors on premises and in lxlildinp for necessary inspections. (Sip,oature of applicant, or name, if a corloratirxn) P o Doc 10S'7 fncrTl~o%~ NX ll%7I (Kiiliry; aoklress of applicant:) State whetber applicant is one-r, lessee, ap,ent, architect, engineer, general. contrnetor, electrician, phrdrer or hnd(ler. ~..CSJC e an7`- -J V:.f Ji 61? C-Z_ 1 C Nam of owner of premises (as on I.le tax roll or latest deed) If applicant is a corporation, sipmhrre of duly antinrizeol officer. (N.-me aril title of corporate officer) Builders License No. ........1114 Phmhers License No. X44 rlectricians License No. N!/I............ Otler TrMe's License No. .....f'/,!........... I- Irrcatioo of lan(l on which proposed work will. be (kne ~a 0. ee,~7?~ ..!v Y -•-Ikxuse limier street hamlet Canty Tax Kip Pie. 1000 Section S......... Block .....1?......... lot FArlxlivision Fi IPd Map No. Tint (Name) 2. State existing use col occupancy of premises mxl inlen(W use mxl occupmrcyl+o/r~f proposed constnxctirn: /ai,ll/ nC otr.,p„-(P mrX¢.( 4J(' errrce /1o•J.'./fi,,e a. Existing use aril occupancy h. InlelAe'd nse aol occupancy fJ . i i 3. N-utule of rxxk (dreck wind, ulgdicahle): Ikw Iklildinl; Aniklition Alteration It:lxtir Itmwal UeiOl iLiat Other 68xkoer-te Au'fo ,Qc. Q.,rln rr -tea t 19 Zw,.e av el, (Ik'scrl pt tau) It. Esl.wstell (bSL f[e (14) be lwid nu filing this application) 5. If Ak Alinll, rrruber of (1welliu4; units Malxer of t1weII ing ,arils or eadr flax If garage, nslrer of cars 6. If Ixusioess, rvmercial or mixed rxccolian y, specify 141hile ual extent of each type of use 1. Oisensions of exist.iog structures, if any: Flood Near Depth IkeigluL fAnlrer of Stories Diaeosiars of sake structure with alterations or aklitious; Prowl [tear Ikydh Ileiglrc N,nlxer of Stories It. Iliueusiars of euLire uucw rxnstn¢l. irtr: Brad. .!!J..;NFLJ . . . . . . . . Ite Rear r . . . 770. . [kpLh lleil;frt Um der of Stories 9. Size of lot: P1rnL [tear DLplh 10. 14u a of purchase Mine of Fortner 041er 11. 2axre or use district ilk rduidu prelises are sifuaterl .-~irrrl fe.P A,J;rresr 12. Does proluiuvl cnrslrrucliau violate any wring law, ordiraarce or regulation; 13. Will lot lie regratled N° Will excess fill Ile rerwed frns lionises: YES Gi) ~Je L Grro<zv N/q 60cq CXELA Pt S 14. Miles of Outer of poetises ....P.! /xklress .St. P?ferr6ur9 F(. •,~1?08., _ lisle No. Niue of Arlritecl .........1 Address prone No. N:rre of Qxtlraclor .......Nlfl /uklress lhone lki. 15. Is Ihis projerty within 300 feet of a Lidal wellauxl? * YES 11) I/..... *IF YES, slifill 0111) 301d1'11(ini +S liE1411'1' my Ill? Idilplltl9). 111.01' DIAGRAM locale clearly atl distinctly all Inildings, wltellrer exist: ing or prolnsetl, and inlicate all set-lock dinensions lion properly lines. Give street -anti block nslrer or description according to deed, and slaw street oases auxl irxlicafe rAlellt:r interior or corner lot. Refer fo J.t`e-Y'Z lr SI'KIE (A. 1,1514 Y(MU(, S Ff~fy " 5, Q11NIY Ill u ' . Ix:ing duly ,torn, delnses aril says that: he is the applicaot. (Mane of irxlividual sigoiug coolract) alive vaned, lie is the , e„1,- 2)t.f, Melee ..y............. - . (Qntractor, al;eul, corlxrrate officer, etc.) of said rxax:r or owoeus, sill is duly aulhorizc-rl to lerfoon or have fxerforniel lite said work moll to nske and file lids applicaLioo; that all staleieslS cootainvl in this alylicat li on are t.rx: to Lite luerl of his knuwletlfe aal lielief; auxl that the wrak will le irerfollneil it, [he uconer set forth in the application filed tlierewit.h. b1-iun 10 Itllllle lie this 2D 1~..-...day of ..rrn..~y......19.`~~... ~ (^1 q L N(ll illy plirl)c 160 XISEPH&0RAMM A'.... ft 4 0 01 & k Co" a^`` . C mmWmExpM00Mbw3/,1119 (Signature of Applicaot) 14161 (2187)-Teal 12 PROJECT I.D. NUMBER 67721 SEOR Appendix C State Environmental Ouality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNUSTED ACTIONS Only PART ]-PROJECT INFORMATION (To be completed by Applicant Or Project sponsor) 1. PUCANT ISPONSOR 2. PROJECT NAME LILL$ a ~P D~r,~~ti ~indzLa Proparpd~ ao ¢ of Rio Ra.A~ PROJECT LOCATION: Munictaallty G`~-ee+?FJ r r 7 County A. PRECISE LOCATION (street address and road intersadmans. Prominent landmuas. e1a., w Provide maul 7365 m~;h Q~ A)y/9yy S. IS PROPOSED ACTION: ? New ? Ezoansion ? Modolcattontatterauon 6. DESCRIBE PROJECT BRIEFLY: gP n 'f0 ; ;rceA /etP'C-e'c e O F Eder cry; j~~( PY r ~a,TEC~ u,r¢ 740 r f/u~" .a7o6: /e i7e.,~a/ lurineJJ iti L;'.y; Qut:geJ,/' Z.a.,.~ fT 7. AMOUNT OF LAND AFFECTED: Initially t acres Ultimately acres a. WILL PROPOSE~DD.AfCTON COMPLY WITH EXISTING ZONING OR OTHER EXISTING /LAND USE RESTRICTIONS? ? Yes 'C! No It No, describe briefly L 0 P? C4 L %x+111 6U'~~~¢~ 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? ' 19 Residential Industrial IISICommercial ? A91...lure ? ParWForest/Open space ? Otner Desaibw.. 10. DOES ACTION INVOLVE A PERMIT APPROVAL OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL STATE OR LOCAU? ? Yes No It yes, list alleney(31 and PerrllWaPProyaiS it. DOES ANY ASPECT OF THE Ar1JV HAVE A CURRENTLY VAUD PERMIT OR APPROVAL? ? Yea r, " II yet !ist agency name and permioapproval 12. AS A RESULT OO~F11 PPOPOSEO ACTION WILL EXISTING PERMITIAPPROVAL REQUIRE MODIFICATION? ? Yes C No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE DgL~;~t ~F.yfr: PS'¢ Date: A00ticanusoonsor narnw. _ Signature: If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER (Continued on reverse side) The N.Y.S. Environmental Quality Review Act requires submission of this form, and an environmental review will ue ataae Ly this Board before any action is taken. SHORT ENVIRONMENTAL ASSESSMENT FOMM INSTRUCTIONS: (a) In order to answer the questions in this short EAF it is assumed that the preparer will use currently! available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental. Assessment Form is necessary. (c) If all questions have been answered No it is likely that the project is not significant. (d) Environmental Assessment 1. Will project result in a. large physical change / to the project site or physically'alter more than 10 acres of land? yes " Y NO 2. Will there be a major change to any unique or unusual land form on the site? - " _Yes I NO 3. Will project alter or have a large effect on an existing body of water? - _Yes No 4. Will project have a pote.utially large impact on groundwater quality? _Yes ? NO 5. Will project significantly effect drainage flow - on adjacent sites? Yes _Na 6. Will project affect any:hreatened or endangered - , plant or animal species? _Yes VINO 7. Will project result in a major adverse effect on air quality? _Yes V.No 8. Will project have a major effect on visual char- - acter of the community or. scenic views or vistas / known to be important to the community? _Yes _No 9. Will project adversely impact-any site or struct- are of historic, pre-historic, or paleontological importance or any site designated as a critical environmental area by a local agency? _Yes V No 10. Will project have a major effect on existing or future recreational opportunities? _Yes I NO - 11. Will project result in major traffic problems or cause a major effect to existing transnortation systems? _Yes No 12. Will project regularly cause objectionable odors, _ noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? Yes IN, 13. Will project have any impact on public health or safety? _Yes ~No 14. Will project affect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent over a one-year period or have a major negative effect on the --Yes No character of the community or neighborhood? 15. Is there public controver=y concerning the project? - - _Yes ~V//NO Preparer's Signature: Representing: ZBA 4/•75 Date: QUESTICNNAIRE FOR FILING WITH YOUR Z.B.A APPLICATION A. Please disclose the names of zthe owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached.) Joseph D- e.F 77 dw.7e:. "7csepf, k,~%t/JEy TP.,~.ti.~ ,°F L¢ue,, stn cP ~O trJ GJ9 Pri_j`. ny F"e ~fL( B4J.hFJJ B. Is the subject premises listed on the real estate marxet for sale or being shown to prospective buyers? {gt} Yes { } No. (Sf Yes, p2PaCP atf=h =py CLf "condition A, of sale.) C. Are there any proposals to change yr alter ].and centc=,-2 { } Yes {y,/} No D. 1. Are there any areas which contain wetland grasses? 2. Are the wetland areas shown on the map submitted with this application? 3. Is the property bulk headed between the wetlands area and the upland building area? 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? * (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads orb which exist and are not shown on the survey map that you are submitting? er If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? Vo If yes, please submit.a copy of your building permit and man as approved by the Building Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? A10 If yes, please explain where or submit copies of deeds. I. Please list present use or operations conducted at this parcel Auto Tfc , A>erf. llot and Proposed use car Rw,+a a,4x;"e,J Authorized Signature and Date 3/87, 10/901k § 97-I3 - KrETLA.~IDS ToivN § 97-13 TRiJ The Town of Southold- Soutold.E,Sydded The Board S.- Of Trustees Of the Town of E 1 84 by L.L. 1Vo e WE 8-I9841 be Town of 85 tiv L`L Vq[Amended 8-26-76 by LL No. 2-I976; 3-26_ A. as) itDAL ivETLATIDS: (1) All lands generall ered with, generally covered or or which intermittent! lying beneath border on, tidal wa Y cov- are - or lands tidal waters which at men five covered by tidal wate mean low (5) feet. mclu waters to a maxi tide bogs, salt ding but not Il mum depth of low marsh, swamps, meadows tf7ats to banks. lying lands subject to tidal action; (2) or ocher nb banks, bogs Meadows. flts sect to such tides and upon a which tidal grow some hich c may grass. saltw or any of the following. grosaltws a y s end cattails. bush march orts, sea - grounldse.L za' s'll cordgrahay. black cordgr S. high Est and/ +tmaliow and low (3) All land i defined mmediately adjacent to a tidal wetin Subsection tY-five (75) A(2) and lYin fee[ land as edge of landward of the g within seven- B- I`RESHi such E a tidal wetland rnost landward 1VETLA,1 DS: (1) "Freshw tle ater wedands.' as defined in 1• § 21-0107, Subdivisions 1 Article 29 0' tl_-0 of , v Yorl°"mental Consemition to 1(d) in Te. and Law of t clusiv he State Ian All land immediately adjacent to a" fresh«-tit S ee' as defined in S ubsection 13(l) «'e[- ent3 - •e (75) feet latidwnrand h- art In er edge of of the S'ig ~vtt a "fresh«-titer wetland.,' most land- 9705 z N~ 3 GNOZZO, JOSEPH & MARY #3075~j 73265 Main Rd., Greenport 2/4/83 (,"T x CA-reinstate nonconforming dwelling use for existing bldg. in this B-Zone. 45-3-2 e 33 BROWN, SONNY ',#2873 73225 Main Rd., Greenport 9/3/81 CA-use existing bldg. as an automobile repair shop (and/or reestablish preexisting use to permit use as an automobile shop). } s OWNER. _ STREET VILLAGE DISTRICT SUB. LOT T _TORMER C6AINER N E' ACREAGE S TYPE OF BUILDING L ~J PQl~t _._R s_ Ca,rf-- RES. SEAS. VL. FARM COMM. I IND. CB. MISC. I Est. Mkt. Value LAND IMP. TOTAL DATE REMARKS 7 97 - ety// / 1~ a ± /moo L~A0 3 a s~o a, to- Id,,j /O 1 6QO S o u S o u ~P 3r o 0 3~3 Y of aw.~k; To pax", ./1-01)V9 L IU/ /lak,s wti 17J7- A / af-a/d AGE BUILDING CONDITION 12061-77 Soap LN~K a AC,r emer f CATA1 PO q ANb c NEW NORMAL BELOW ABOVE FRONTAGE ON WATER Farm Acre Value Per Acre Value FRONTAGE ON ROAD G y /L Tillable I BULKHEAD DOCK Tillable 2 Tillable 3 Woodland Swampland Brushland House Plot ` -v Total TOWN OF SOUTHOLD PROPERTY '.RECORD.wGARD OWNER STREET VILLAGE DIST SUB. LOT ' osr pI-~ ~IJ02zo /y N 1Pt EN o it 7- be sC FORMER OWNER N E ACR. yN _ I~ I z rl. rl~% E I am s, ra {r D C.47AL-W V-a,va S W TYPE OF BUILDING eA ALDo 4-0iCS_ _M,g _ W rw RV6wsr.I _ RES. I SEAS. VL FARM COMM. CB. MILS. Mkt. Value 9.3 - - AND IMP. TOTAL DATE REMARKS l oo 11300 5900 ~s 7/7J 5 (0-600, c G JOL A MKS, 1 o~C ' cD t- AVu. P / 20 SL ~O C / 0 / 22 SoL ~SLo voo t e70 (070-7/ 4174L'A7AizoIANo,1, W~Mo2riz2 T l illable FRONTAGE ON WATER Woodland I FRONTAGE ON ROAD G ~C' Meadowlcnd i DEPTH f fivii Se i'iGi I - - BULKHEAD l oto I V ~ I l:Jl Gerald Goeringer Chairman Southold Board of Appeals Town Hall 53095 Main Street Southold, NY 11971 Re: RentAWreck April 11, 1997 Dear Mr. Goeringer: I am writing in support of Mr. Willsey's appeal. I have had several occasions to rent cars from Mr. Willsey during the course of the past year. He is unfailingly courteous, and provides a vital and affordable service to the Greenport/Southold community. It is less hazardous and difficult to pull out of RentAwreck onto Route 25 than it is to pull out of the nearby gas station or the 7/11 across the street. I believe the town's action in this matter is both specious and discriminatory. It is my hope that you will give this matter careful reconsideration and reverse an unfortunate decision on belhalf of the Town zoning board. Sincerely. C~ C///~Z a~_ C ri~L•~ /Sara Evans Box 131 Peconic, NY 11958 Gerard P. Gocringer, Chairman Town of Southold Board of Appeals Town Hall, 53095 Main Road Post Office Box l 179 Southold, New York 11971 RE: Variance Application # 4401 (Rent A Wreck, Greenport) Dear Mr. Goeringer and Members of the Board; I am writing ir)port of the vtrian e '121 li a inn for the car rental facility Icnownt as "Rent A Wreck" on the Main Road in GreenporL. As published in the November 7 issue of The Traveler Watchman, this is application # 4401. The services provided by this commercial venture are a valid and valuable addition to the community. Car renLal is not presently available in the Greenport environs, which serves Orient and Shelter Island as well as the Village. Both residents and visitors benefit from the accessibility of affordable allLOmobile rental, which allows mobility in and around the area not previously aLLainablc on the North Pork. Additionally, "Rent. A Wreck" occupies a Previously vacant commercial space with a distinct automotive heritage. This successful car rental business adds a new venture to the tax rolls now diminished by a spate of recent business closings in the Village. As a benefit to the residents and to the Village as a whole, I support the approval of this variance and the continuance of the "Rent A Wreck" business. Respectfully, L7-635- (rr v-e& , A Pt Gerard P. Goeringer, Chairman Town of Southold Board of Appeals Town Hall, 53095 Main Road Post Office Box 1 179 Southold, New York 11971 RE; Variance Application aF 4401 (Rent A Wreck, Grecnpor(L) Dear Mr. Goeringer and Members of the Board; I am writing n Sul t of th_ eytriall a, for the car rental facility lolown as "Rent A Wreck" on the Main Road in Greenport. As published in the November 7 issue of The Traveler Watchman, this is application # 4401. The services provided by this commercial venture are a valid acrd v le the co nnnmity.e Car rental is not presently available in the Greenport~environ i s, serves Orient and Shelter Island as well as the Village. Both residents and visitors benefit from the accessibility of affordable automobile rental, which allows mobility in and around the area not previously attainable on the North Fork. Additionally, "Rent A Wreck" occuhieti a previously vacant.cornmercial space with a distinct automotive heritage. This successful car rental business adds a new venture to the tax rolls now diminished by a spate of recent business closings in the Village. As a benefit to (lie residents and to the Village as a whole, I support the approval of this variance and the continuance of the "Rent A Wreck" business. / Respectfully, o Cann 1 ~m~h ~I /~a S~ rye i 2 rµM'~'}q'fi1r 4 41 '4 1. ~Sti~'~ - 411 M14~ 5~~ N 1 y~i* I lr!'r L< •h 1 t i dV EY Rp I m lad~lAe. D Y f *17 t 4 1 apt ' ~ y 1 YQ ~y. 'T5 ~1 i n ' ( II ~ •l~ F2~~1~ ' i. i 6 f 1 l `F Ir ' r at l'li t } ~ : ~w'~4ti~ a I ~f ' ~ , ICY 1 F p 1 yy I 9 I. If ~~t'4A~ ~ 15 J 1 1v \ 171 ~t r '4 t J x5y Vi I ~i 1 i~', Y IIY ?t ' I M1 0 • 4 1Ac l 1 nN ' ~ t II~tY~ r ,'z Y ~t ~41 P7 1 n. ~ 0 0 A, 4`jI F' 1 ~~1 tl 10 0 o, fU III T~~~ ; Rsn,u.ga ~p{Z 1~ ~ ~ ~ ~ ~ ~ ' E4w.14}.'r4r.aq _ >_'~i Va cw . ?i r 9a 7 r A------- S .r Ww~wS ' tI Mf NAN~4P'11~4 4~~}w~ .'+oc4P 1':~4.d~J4 t moo, ~ , ~ I 777 P Mlr'•flv~ulM ~ I I I LiNQ of py1f~6,Li of py1f~lrWi r~ ~;~dr ~ ~rFkiS A'hfacnA: I L~--_- /~.R+w? ~-G.us.m.. \ AlJ 4w-x-• "'r 4 f r a-'.7 p 'I \ t MAR - 41997 MAID t ~R"T~. 31 pCp y+ ed 9 m Ri. S Y nor ~~"C'M+r'Ik- 1'#ailr~L•p k!Y i.~ ; . „ l,1 ik,'~ k la ~ y 7 11 r y R ~ ~ - k Y ~r.^ } n 3t 'A4°Hkz orv>~.~' r`.., ' ~ a7L' r r 4,Z, '750 10 P .t ~ e Nll~n,*tgry FYAno,l~e foRM' ~ w. . . d 1 ' r~- r m;vb~: ~ f~~ i Y ~ Li' Ii 1 V 4t ~JG 0 ..-~..__._.___.e .W__.~..... II . - ~ i ~ ~ ~ ,M _ ,o o M r_.__ i NUT 99 r yhMtk~s~,~~i,~#~e T wqa \ v N w.S rra.~.~ n.+u 3.i p ~ ~6u~w~u~ \ - I ~ R0.lAM14 41.ow ~ \ I ~ P-..~'OUbS erww-t alw~~+rc µhrb QZ IUIF'1#W~LJ 6in.~i«~crcar FF¢rc~r+4 6*LfIN~E of e~suu \y 4NE of e~SF+i FL1tii+NUS 'cc.~w I \Fwl,..lL. o¢,swY w Gn f~t` \ \ 141'6 Pk ot~SM1°~i i i 4wor~7 1 as, ~ i `:31'Tic. A^M) IMFc1P NtW.'TkY~1 16 P~A$F~7 G~ I-IrMD ~ Ss7RJ~EY PF pQppE¢,.'Cti+ L"~1-PI~K7i1JCp Tb CAWO.L"1"O /C;Y,t.^17iA o i . 25 -853 f-,' ~iL ~*$~Z.IA - . ~ RALK tiw.l 'R,7V1n P4 1. T,M~ I~?rarca-G7M6-".6-2 4A 1~1, Y,,{t tlwu, b ~ ywv' y.' Ise f z. ` owri. wwM~tl hewn ww tlN + r i 1~ rS r n~Y,sm„ 43~~ I "+`~P ~iiar ~ J nr' r~ t rW~~~~Na Y r ~ Y wi `rq in ~k wA r9 v v Bell AtI4 ,tiantimc NYNE.... Mobale wg~ 0 Yr. 1 p~. i i AJ r r 2000 CORPORATE DRIVE VE, ORANGEBURG, NEW YORK 109E 1962-2624 Y z I l ~ r ~ n r MOBILE COMP vlMUNICATIONS CELL Sl SITE a r 1ryt4gS. ~tYni 'T. SEARCH AREA), SOUTHOLD, NE\ r MAIN ROAD (ORIENT PT. JEW YORK AfRWA lflA UST UGC UP OF DDRG 1`I NGS SATE: ' o V A1IR" F I T, DRANK 4+eq I u'°° ~ dR I E Non., MNG D( SCRIMON fln ' RL EAST A ION ' y, lv EAST r Po R tl. P4i( ..^!Y.F.f S,L'•• :fW vF il'. ARCMTECTM ITECTURAL ` M4t,w p.~ Y q PdUy _ n O R I E N T u BOWES PLAN, CONSTRUCTION PL4N ~I R 'R' " i Z Eagl red ELEVATION AND CAME SCHEDULES rD w~. DETAILS H A R O R A - a X - 0 SPECIFICATIONS a SPECIFICATIONS Gev i Pt 'r "SOUTH OLD Peters Neck Pt e C. 51 51 SPECIFICATIONS p`=51 ~:~w' c• PROPOSED FJANM Nay 8 FOUIPW NI SHELIFN aL Sr'i' Nay 8i ,Pt N ORIEN AND MON()POLf: a s LONE y Long Be ch Pt li V Co*n+fiu+ eRP01 fef yU JRICAL s'! d . . [euN Y _ ~ .0~.' :yl k «us UTILITY SITE PLAID, GROUNDING IF R ~E " i PLAN AND DETAILS ELECTRICAL DETAILS AND R N' I RISER DIAGRAM 19 19 `mss l rE ° ELECTRICAL DETAILS 1„x. e~ ; Lea ELECTRICAL SPECIFICATIONS Orient Pt. r LS ELECTRICAL SPECIFICATIONS §T, I ~s ~v r ' 9 ~ •.wr MM' rix 1• ~l' F p+2ly.+'+ SSA / "`YYY 1 !r I ?~~4 NORTH p~QRC[-6 M9C€r 1 5 Rain"Hrddt;N, IS, ? o Congdon, Pt Pom BELL BELL QTLANTW NYNEXZ HOLE PROI J. PROJECT NO. 00000000 EJ vi (IOU N)) /11 CONSULTANTS INiC. Ai C -T- C_:: I I T I=- ENGINEERING - TEC ;ING - TECHNICAL SERVICES - CONSTRUCTION MANAGEMENT SUITE M 3555 VET 3555 VETERANS' MEMORIAL HIGHWAY RONKONKOMA N.Y 11779,+w IP-12 TECHNOLOGY DRIVE, WTAUKF[, N.Y. 117'J3 • VOICE (516) 689-8450 • DATA (516) 689-8459 (516) 981--3990 1--3990 FAX (516) 981-:3971 lM1ap 4J .,r 48i , M1'~P \S~ERED ARCy4yMgg G~ ~s a. iuR~ Fn p G 3t. ~ h 1yy y y y ~M1 ru•(C''4 T! • l` FN~~JAy ~ j . yFS oisosa io b TAT N r 1 ° rn "r !f n'ppm ~(~y Gi\nwrS\96-723\,A-l 10 3-9C, j1j:t1 :19 am r 7k 4,` I IAx w Ias TAX 1-01149 ' TAX I cir_ 7 / iAx- I of _a IM 2 I (S37 10'S0" W) 1157,25. Cj 61 „ U; Ax LOT F CVj - - G-o" HIGI W-0" HIGH GALV STEEL CHAIN LINK UFED FO NE ROH FF.NCF ANC FF.NCF AND H'-0" LOCKING GATE AS Ida P - ~ s 19.' FORMEftI_Y OF SIROIIM P/CR IIVDICAIED R INDICAIED SEE TYPICAL DETAIL 2/A- V I~ I ; In i;~m ~ FORMF_RLY NEPPf, i I x PRE-IL I-ALIURED HOW OR FGRMf_RIY' 8° X. EQUIPMUJT SHEITER BT "FIBREBOND" CUNTRA(.IO I CID CUNTRA(JUR TU REEF_R rO MANUFACIURFR7 CONSIRUCHON DRAWINGS AND SPECIFICATIONS D WASHHUHIJ CQUII>MC NT C Nf R RL( ( I. TO Ci 0RDINIAIF LONG FOUNDATION AND OIHfP RLUUIREMENT'; (S-3710-'50-'-E)--- 16500' C TAX LOT 26. 100-0' H IOU'-U" HIGH Mf )NOPi1I F BY " FN(.',IIJLERED CNDEAVC)RL ENDEAVORS INCORPORAfFD" CONTRACTOR 10 x WIUI FAIEL A011 fff~ ry[y., 4F I NAIL 10 HLtuR 10 REFUR 10 MANUFACTUREKS ('UNSIRUGTI011J [IFIVE Jr UFIAII ',/A UWG5 ANI1 ' AND IIPL i UWGS Atli) SPFCIFICATRINS FOR EXAI'T SIZE I AND nPL s[I NorE GLOW. TAX LOT 5 1 VFHI(! F IIJ I:N "O' I -~J "VACANT" AHt)IIgU 1rP ~ - _ 1,W- 4" ~ ~ , 1°n'vl Mrul ) I bf~ 1 W W 9 ilo" 1 . W 1, r I ~ - DCI NAIL FND STAKE a.;'~rg'~ t - FNO `,I~nvL a e- ~ 1425.87' CALL 1425.75' DEED l J3 - (N 37 40' 20° W) No IfY Pnfr NO 1 v5 n I.f -r 'I GENERAL NOTES I-ON_GITUDE 72` 1 - 72" 17' 43.5" TN V) n 41` Od' 42.E GAMMA' /999 'AEP x I1 RFPLHED IO HE LANG LAIIfUOL 41° o; FORMERLY OF RARCHFP, HEARINGS SHOWN IN PARENTHESIS PR DEED - I ORMERLY OF ANDERSON REFF'FNCI-, NT'f TY 95H9 PAGE 472 NOW AR ? SUI FOLK COUNTY TAX MAP DESIGNATION. A LINE CONNECTING (2) DISF iDDD, CFG 018, mt, oL;, Eoi ours. @ MAIN RD IS N 32" 4E 102 CTING (2) NAILS 34 SET IN PAVING PosF^su~N, IF ANY, Nor SHOWN. :q re, IS N 32" 47' 59.2" W 01: (RUE gf w,:t ~J ELEVATIONS ',HOwN HEREON ARE IN 31J1 ULK NOPHHi USE THIS HE/ E THIS HEADING TO DETERMINE Jill eETA IENTATION SEE PLAN ABOVE 222 NORTH,,., CpUNT1 DATUM (AMSL) SECTOR ORIENTATION WON 1 ) SITE PLAN SCALE. i ,EC10R ANTENNA Ur0 9 SEE ADJARCENT iF ANTENNA ~Iq 1DJACENT AMSL 120.1' AGE 100,0' ,v FOR T 0 ANTENNNAIIATION, SEE _ rnN1J'ETF LNMAIX[ 19AIFORW FOR ]7P ANTENNA AND CABLE bCHFUULE _ PLAN ('-,LF NOTE.`, TH'S "HEFT) ' ORIENTATION, SEE 8'-0" C6 / _%KASLL GAfE LIl IILFlf~fIJ11f11-ILLFI 40 -U 'IF - _ MONOPOLE MANUF - CABLE DWGS FOR PULE MANUF - - f % I/{// - - - I MAUIT II, N AI TU I~L f) 1 I F Ii a NMt ANTENNA CABLE ANTENNA I_AHLL CALIF r0NNH'IION AIF f-NGTH ANTENNA MOI,IM ING DETAILS. FOR IING DFTAILy AMSL 103,9' AGE 83.8' I. _ - ,1^y•,,r''~~"'f'. - uNf. 10P 1U RI I R ( MANI 1FFACRIRI R, N ~ t LL NHM811 NUIv10CF. Sf~TLM IrPC No IN F1 lYF'F 1VP FOR ALL AIJIENNA SHEI TER T.O. ANTENNA q, ;n FOR ALL - I I E \ MN JUC NUN UFAWIN(, AND iPFIAP ATION;. (1) I-ND FND (2 Tl~ f 1~~L ANTENNA. INA. F,. u / Q P AMSL 101.8' AGE 81.6- ' OTI IFF RFUNAH LMFN1' IUI NDAAlION ANf. 1 1- WIIT ARX-U I DI-S -SOA1 5FOM LiPDr AIF U uAI_I, 9'712 V!/, Pte' ~T' i ANTENNA r+~ , ANTENNA q' ALL SECTORS "xt4afitL 1 f M15 4 WHT AFX-0 LDT 5l OA 1 6FDM LSPUF AIF-0 95' AI F 9212 ' WAIL MOHNIFD A/i, LINIT LiY SHIATER ' it- I, j } FUTURE. _ - _ - . AMSL 100.0. MONOPOLE j rl GRAVEL ACCESS DRIVE 4 5. (7 ,OA A t5FDM L'F'DI NF U US ALP J112 4 4-- H WUlil AIdYHX -I -1 O Lbh LDE5 SEE PART 411E PI AN ABOVE FOR EXACT '^i NVIF_ o BRX L, UPOM L'PI71' Alf-u )5' AL' 9212 V'E Y PV1' n _ I ' t P - RI I I Dry -0 IDT.I OA I SPUR L',PD Alf U JS' ALP 92 19 100'--0" HIGH MONOPOLE BY " ENGINEERED ?Y`cr%J LOCATION - - / 111P DI I,NI ANU DIMI N';ION', CV E, IT LrFF. IMNOATION ;FF 11/A-2 c 7 b ENDEAVORS INCORPORATED" CONTRACTOR TQ REFER TO MANUFACTURERS CONSTRUCTION'."LY I,l m SPDF - ll m IJ I1 DWGS AND SPECIFICATIONS FOR EXACT- $(46 ''1'";•waR.yi`arc 6'-D" HIGH UALV - fS q 4-FIT I DRY ! DP rSUA AIF-0 45' ALP 3212 _ AND TYPE. STEEL CHAIN I INK 9 FIITURL - 11'--X 40'-0" PRE-MANUFACTURED FENCE AND 8'-0" - --__1 L, 1] I 10 IUTUHE I EQUIPMENT SHELTER SY ' FIBREBOND` ' • ,I4 T4' IOCHING GAIT A; D• _ I'IPI i f)I.IIMrl 'ABLE TRAY SUVPF"TRI INDIGATCD SEE yyp A.PM A.`,FMBLt FOR ROUTING 4NTENNA IO r - - r. CONTRACTOR TO REFER TO MANUFACTURERS TYPICAL UtlAll SSA-2. AN' I- IIUJM LVLIIPMENT ',Ht_LLFR W - _I I N000RD COORDINATE CONC DRAWINGS FAND OUN_DA ION ANDS TO s;' ,ry W IN(LPf II F. CO( INFIINATF_ FXAI: I F LOCAI ION 12 E WI I I I I!!I AWIN I )f HAl01 PLATTE V I F. - uno-,'L OTHER REQUIREMENTS. 'Al LAY `_d ! 'T ``REF FIE TAIL 4/A _i HOT 2 2 --~V__ I) 1) MART, LATHE ENDS DURING INSTALATION• IEL' MARK WITH [21 - 6' HIGH CHAIN LINK FENCE ° `ol BANC', YLI LUW TAT' AI COMPLEIION IIF IN`_TALLAIIUH, MARE EACH END LINE OF SHELTER ROOF ~,p ` - - 100 0" IIICII MONoPotE 01 ' EN,INfERED FNDEAVOFS INhJ)RPORATED C9ONTRACTFIR TG OF c.ADLE WITH HRA9S ]AG ENGRAVED WITH ANTFILJA 3Y` A/C UNIT SEE MANUF. DWGS AND 'X ~ - - Idf Et-' TO ANUEAt'IUhE i' JCUNSI RIICTICIN v-- CADLE T FNGTHS 4HOWN FO': E-JIMATINP, Ivr:P()'A Ubll.rTLnd uaICNATION. ENLARGED_ANTENNA LAYOUIT PLAN LON FRACIOR MECH DWGS. 7 +'a: r, ,UNTRACIOR IU uWG; AND PCCIRCA.TION`; HIIR FXAFT SI7'C SHAT I_ FILED MEA`,URL, CUT AND RFCOHO SALE. 1 7 = 1'-O" 4-OVIDE A' LRHSHM IS A V I E I_ AND M'E LL NOfI_ MEOW (,OVFI' IL JUINI, WITH "3M COLD ..RHINE AS MANUFAL TIIRLL) InH Tn~,yR~M .,I UNt ,ROUND O1VFR WI PAIN LEASCD AREA ATU"F1 WS CONCRETE CAESON, DESIGN fl, I .Pip - FOR ANTENNA ORILNTATION ENJLARGFO B'f MONOPOLE MANUF H%u DIAGRAM 'REF AUJAGTNI RIIER TO MONTTPOII- - MANUF DWI- PJB FhACI MUUPJT4NG DL L`, MONOPOLE AND ANCHOR---- - --NO~-- - BOLTS SEE. MANUF O )oco) 171 ACL 0.0' , -16 Op(yl- AMS....L. 20.7'1 II Iti I II N IHL ICE'; [RECTOR", H IY 10 RE THAT DESIGN ANCHOR OR DWOS, BOLTS ALASIGN ALL PRACBCC; AND PIAOCHROCETRES VIIIIZEE) D DURING, INDICATED TO ORIENT -GRADE 1 r At! P A>`;i.M VOW A>iI.MHY AND ERECTION WORK RFOUIRED ON THE ANTENNA AND PLATFORM 0 MONOPOLE, DO NOT ENDAN01 R THE SAH TY OIANY AS REQUIRED VLF 00 PER90 PERSONNEL NOR IRE STRUCTURAL INIECRITY OF THE FOWL LINE OF TOWER, LINE OF FOUNDATION BELOW "•4F u THE E THE ENGINEERING DESIGN OF IHL ANTENNA POLE. AND SEE 112, SEE 1/2/A-2_- vaAach ,7a,, :1 BELL ARANTIC NYNEX MOBILE, 1NC p(' : IT'S B5 FOUNDATION SHALL DE BY OTHERS DOCUMENTATION MONOPOLE ORIENTATION PLAN Nurr, OFF T FOR ADDITIONAL SITE INFORMATION SEE ',]IF PLAN IAA-1. O OF THE, DESIGN SHALL BE SUBMITTED SEPARATELY SCALE 1/4" = I' - 0" CONC.. CAI CONC. CAISSON, SEE MONOPOLE MOBILE CELL SITE INS7AUA11ON .a L H AWN, RD. (ORIENT PTi SEARCH AREA) MANUF. DESIGN DWGS.- SOUTHOLD, NEW.YQRK AND AND CONCURRENTLY WITH i11C5C DO4;UMFNIS. MANUF. [ i THE E -5 THE ENGINEERING DESIGN DT THE PRE MANUTACTUREU ~ p~ n lit EQUIP EQUIP. SHELTER SHALL BE BY OTHERS. DOCUMENTATION LONGITUDE: 72 17" J X4'3 r 1 i F OF TF OF THL DESIGN SHALL H BE SUBMITTED SEPARATELY 3 ORIENTATIONI PLANS 4 PAR AND CONCURRENTLY WITH THESE HESE DOCUMENTS NORTH PART ELEVATION JAS: 41 08' 420.-, w ` 2 PART CONSTRUCTION PLAN/ANTENNA LAYOUT PLA AND SCALE: AS N01EDAS NOTED SCALE: 1/8 SCALE: 1/9 = V-Y' Seal RED ARC Dote: Scale: Drdwioq No /J/ 8-20-96 AS NOTED'+'+ u' R., To Drawn By: GhecNad By v +^t''~'(, A. Bell Atiantil Wantic NYNE,m Mobile ,ELL SITE INSTALLATION SITE PLAN, CONSTRUCTION PLAN 947,.11 ~p9 SRS lRt r i w *7~ rr _ X 1, x7,1, EMMSINC. INC, Project No: 96-1275 - 9-20-96 ISSUED FOR FILING INItlIJAME C~~UM) AJA MOBILE CELL SITE aN (ORIENT Pl. SEARCH AREA) ELEVATIONS AND CABLE SCHEDULES ENGINEERING - TECHNICAL SERVICES - CONSTRUCTION MANIC )NSTRUCTION MAIAGEMENT dF 0]5095 id 96-723 9-06-96 ISSUED FOR BANM 100% REVIEW IIY tltl tLLS'~ IAI~I~'~~~~YY MA IJ ROAD (ORIEN NAY RONKONKOMA N.Y. 11779 qr C1 Sfwel Wt , ~7+f' - F~-_ C- I- 1 -C T E- SOUTHOLD, NEW '(C D, NEW YORK SUDS M•3555 VETER44S MEMORIAL HIGHWAY RONKONKOMA I (516) 981-3990 FAX (516) 981 FAX (sts) 981-3971 Owner Project No. , r 2 ~ 3 +ar' II-22-96 ISSUED FOR BANM 60% REVIEW irv swum rorvc srxx[c xr. um • w~¢ rno es~ww+ rvxn rne> wrv-e+sv 6 ~tF ~ Revimn bale Description 1 : x i y t i~ 1~1 4 ' Cd RtF'~ r "+r~F"ty iY4 ~kf CS GI\DWGS`196-723\A-2 9-6-96 12 06 08 pr) EST ! I ~ I 11'-B" I LINE OF PRE-MANUFACTURED EQUIPMENT SHELTER SET ON NEW P.C. FOUNDATION PROVIDE 1/F" EXPANSION,JOfNT AND SLAH. SEE MANUFACTURERS CONST. BETWEEN CONC. ENTRANCE. PAD AND ! \ LOCATE "T" HOLD DOWN BRACKETS AS NOTED SEE 7 T MANUFACTURERS SPECIFICATIONS AND CONST DWGS DWGS. FOR ATTACHMENT AND EXACT FOUNDATION AS INDICATED. SEAL. 2 FOR ADDITIONAL INTO. TYR FOR (4) - - LINE OF PRE-MANUFACTURED EQUIPMENT-- CONSTRUCTION DETAILS. EQUIPMENT OVER WITH SILICONE SEALANT,` SHELTER SET ON NEW PC FOUNDATION OLINDATION _ - ' 1" CHAMFER 0 45' AND SLAB. SEE MANUFACTURERS CONST. RS CONST. EXACT 6" CONCRETE PAD WITH 6" X 6" ; a mom #10/10 WWF ON 6MIL VAPOR BARRIER''- DASHED LINE INDICATES LINE OF FOOTING BELOW _i TYR 0 PERIMETER.- DWGS FOP ATTACHMENT AND EXACT OVER V' STONE AND WELL COMPACTED SEE SECTION AS INDICATED. I CONSTRUCTION DETAILS SUB BASE. C PRE-FAB CONTROL BUILDING CONTRACTOR 10 PROVIDE .4' GRAVEL MIN SLOPE ® 1/2" PER FOOT AWAY FROM HOLD DOWNV BRACKETS BEYOND. CONTRACTOR TO PROVIDE AND INSTALL AS INDICATED TYPICAL FOR (44). POND. FURNISHED AND' INSTALLED BY OTHERS PROPOSED LOCATION OF EQUIPMENT NEW POURED CONCRETE FOUNDATION AND SLAB 4Y FOR NEW PRE-MANUFACTURED EQUIPMENT SHELTER i / LINE OF FINISHED FLOOR @ NEW SHELTER AND CONC. ENTRANCE PAD, nY~, V2 , 6" X 6" 10/10 WWF. " VERIFY ALL CONSTRUCTION DIMENSIONS WITH iy MANUFACTURER PRIOR TO CONSTRUCTION. --ti' CONCRETE STAB WITFI G" X G" #10/70 WWF ON RE-MANUF EQUIP. SHELTER. 6MIL VAPOR BARRIER OVER 6 STONE AND WELL 5, 0,. CONCRETE SLAB TO BE LEVF_L TO 1/4" OVER I(Y I" i'HAMFLR (0 45 TYP 10 COMPACTED SUB BALL - - - PERIMETER OF sLAfi 6 MIL. VAPOR BARRIER (TYP) - I I 4" MIN GRAVEL G" CONCRETE SLAB WITH G" X G' #10/10 WWF ON LONIRACTOR I( ) PROVIDE 4" GRAVEL MIN GRAVEL MIN COMPACTED STONE \ AY FROM - - _ GMIL VAPOR BARRIER OVER G" STONE AND WELL SIOPF CO 112" PER FOOT AWAY FROM COMPACTED SUB BASE. PROPOSED LOCATION OF FOUIPMENT PMENT SHLLI LP / i/4" PER FT rte. ._x NEW POURED CONCRETE ENTRANCE PLATFORM - SLOPE 0 1/4" PER 1-1 AWAY FROM SHOTFR. - -I =I=II LI1 LINE ,iI FINISHIED GRADE SEE DETAIL 3/A-2 I I Y. WEII COMPACTELD SUI3--GRADE, SLOPE IG Co 1/2" PER FOOT Ab INIJICATLL), /1 l/ TT T I ~uL LINE OF FINISHED GRADE of PROVIDE 112" EXPANSION JOINT AS INDICATED BEFWEEN BUILDING FOOLNL, AND CUNC ENIPANCF 6 MIL. vAPOP. BARRIER (r+P) III . : [ WELL coUPncrED sus-GRADE ~ I I '.ILL= ~ ~ =11 : III- Mu- _I / I'^ ~ I I ts9\ PAD. SEAL OVER WITH SII ICONC _EAI ANT ~ / 6" COMPACTED STONE 2X4 COML. KEYWAl IT- w._ II- 4" STONE BASE r R a,„. _ PROVIDE #4 HAIR': ft 18" O,c I_ wEli cnMPALrED `:uB-cRAOE Z- jr -I-PROVIDE Nn BARS 0 ,n" o.c. ~ WELL COMPACTED SUB-GRADE, f1Tw+. NOTES VLFTICALCI' ENFLNf1 BAPS UP i z VERTICALLY FXTFND BAR4 UP % I- FD IYP: I - THROUGH SLAB 4" AS INDICATED T`fP. i IT IS 1HE~INSTALLERS RT':PON :IBILITY TO INSURE _ TI{RUIIGH SIAB 4" A', INOWAIFD IYP. THAT ALL PRACTICES AND PROCEDURES ARE , UTILIZED DURING ASSEMBEY AND ERE('TION W(1RI, REQUIRED ON THE MONOPOLE AN INSTALIAIIUN OF THE SHELTER 00 NOT ENUANC.LP THE SI~A ~EDL A`1411 UIINT HAP- EOUId13" ALLY PROVIDE )1f4 CON, BARS EQUAI_I_Y-/ ,11J 3" SPACED AS INDICATED. MAINTAIN 3" SAFEIY OF ANY 1 ERSUNNEI_ IVOR THE STRUCLURAL INTEi;R1IY' )l IHE TOWER MIN (TEAR FRI)M I-I.RIMFTER / MIN. CLEAR FROM PERIMETER PYI L„ I 2. THE ENGINEERING DESIGN OF THE PF'L MANUFAOTLIRED EQUIP SHELIER ';HALL BE BY OTHERS DOCUMENIAHON O F THE DESIGN SHALT IINIYI', TLWDIU E/AP'IH NUfE UNDISTUPrJED FARIH . REFER l0 CONIRIIGTION PLANS I,31A-I BE SUBMITTED SEPARAIE(Y AND CON(URRENILY FOR I'XACI LOCATION OF NEW FOUNDATION "uiet WITH THESE DOCUMENTS AND lPECIHC SILL REQUIREMENTS I I I I I I ff - 4 1 FOUNDATION PLAN _ _ - - = - _ (2)SECTION _ a SHE SHELTER FOUNDATION (3~SECTION a CONC. E INC. ENTRANCE PAD SCALE: 1/4" = t' -0" ~~:ALF I/~ I'-0 SCALE: 112' w~ SUPPORT WITH 3 RARIN I) WIRE X141[ I EAIF - STRANDS OF BARRED 2" DEPTH 1OF 3/4" QUAPR}' "TONE --11\1 WIRE a _ - ' UI_YIFI UI 9/6 GLIM YACIFII , 1 5/8" TOP RAIL OUFlRI2Y STONL. I V F Y GALVANIZED '.;TEFL MESH--,r - IAICH W\PADLOCKING ONPADLOCKINC 0' VARIES SLC ADJACENI '31TE PLAN 0" 3-1/2" (OD R ID' PIPE COLUMN, FENCING FABRIC ' i tXt• PROVISIONS 'JNS ICE TRAY AND ASSOCIAIEO BRACKETS AND HARDWARE BY I - ABU DIAGONAL HRACC 60NAL BRACE ENGINEERNNG ENDEAVORS. FINE AND CORNER POSTS _ -BRACIC ON BOTH SIDES OF GA 14 10'-0" O.C. MAX. i mr) - H Sloes OF GAR N5 '3i 1 5/8" BOTTOM RAIL 2" NA a 'AIC IHAW A 3-1/2" DIA GASES P DIA GArES POSTS /,()P WATERPRO)OF sLAIEAN1 3/a"' cITnAMEER 'S0ILEL7 AND SEEDED ' 4' GRAVELS J r ire fir. ~II-nn-11~ =L =1 2" QLARANCE 51IBGRADE COMPACTED I'-0„ b CONCRETE ---~~ll FOOTING r-B" DIA CONCRETE FOOTIF INCRETE FOOTING 4" GRAVEIL ALL- FENCE POSTS SHALI. BE J IE AIL 0 GRAVEL DRIVE' 3000 PSI CONCRETE KD 28 DAYS. t li scHEDIn-E au PIrF ;,CALL N T.S. - SfF 16" 0 SOINOIIJIDE FORMED CONCRETE BASE C2)1S CHAIN LINK FENCE/GATE (3 DETAIL GRAVEL DRIVE (D4 SECTION PIPE COI COL. CABLE TRAY SUP?, ORT CALE 1/2" = 1'-0" SCALE. AS NOTED SCALE 3/4!' = 1'-0 n ( S~ ~.5 yv s~'T Dmw~ny Desrnption Seal ,~ERED ARCy~ Dote: Scale: 0tawipp, N9 °y9 s r ~s~} ~S s n 'Ok T - B-20-96 AS NOTM,. r ,JJ a C NYNEX MObII@ DETAILS EMMG: Drawn By: checkW By: 14 ? 7 i.'~ 4 Mryo- }ire 9-20-56 ISSUED FOR FILING P~ I ® Bell /Atlantic NY1 WILLIAM F. MUSAJA MOBILE CELL SITE INSTALLATI 9-6-96 ISSUED FOR BANM 100% REVIEW_ MAIN ROAD (ORIENT PT. SEAF INSTALLATION CONSULTANTS INC. Project No: 96-723 F PI-. SEARCH AREA) ENGINEERING - TECHNICAL SEXES - CONSTRUCTION MANAGEMENT C YEN1 y~ orsoe~ i~ 8--22-06 ISSUED FOR pANM OOH REVIEW Fz C_ F--I S- T C. -r -EZ; SOUTHOLLD, NEW YORK )RK SUITE M • 3555 VETERANS- MEMORIAL HIGHWAY RONKONKOMA N.Y. 11779 N. -Y 1-1779 96-1275 r u ash tl' AT N g' A RCfIS1011 Date DC9C1IplIUO 12'12 1FL1M16Y MIVL 6C1NPf1, NY. Ilnl. b 6161 {RMM • MTh 6161 6 94; (516) 981-3990 FAX (516) 981„73971 1,-3977 E D Odnar Project No: " r, lv*'4 n ON 14 5t\DWGS\96-723\SC-1 9-6-96 12137129 pro EST r r~l SECTION 00110 - INSTRUCTIONS f0 CONTRACTOR SECTION 01340 - SHOP DRAWINGS, PROJECT DATA AND SAMPLES Condition of Structures: Bell Atlantic Nynex Mobile assumes no responsibility for actual SECTION 02830 - FENCING Y•IF, 1 N ey,~~Yld% ' FENCING RELATED DOCUMENTS SHOP DRAWINGS, PROJECT DATA AND SAMPLES condition of items or structures to be demolished. k r Drawings, Instructions to Contractors, Supplementary Conditions and General Requirements, Submit shop drawings, samples and product d rbs as requested by (BAN I ed by (B A N M) Conditions existing at time of commencement of contract will be maintained' Furnish and install oA sad install aA complete Chain Link fence system as shown on the drawings brie shall be galvanized steel mesh 9 gauge with Tip c rid! 2 9/4' outside diameter. galvanized steel, schedule e 406. . Top dn'd bOtkdm 44''+.f apply to work of this section and all other sections of this specificalion to the Architect Work of the affected sections shall not proceed until the seed until the insofar as' prooticiti ' However, variations within structure may occur by on-going Fence fabric shall be Architect has reviewed and accepted submittals. Schedule a minimum of minimum of removal and salvage operations prior to start of selective demolition work. shall be 2 -1/4 outsi SITE VISIT: 14 calendar days for„ r,,;gJli tact's review and response Partial Demolition and Removal. Items indicated to be removed but of salvageable value to rails sholl be 1 5/8" TO ~T II be 1 5/8' outside diameter schedule 40. Fence posts shall be, spaced Contractors shall visit the site at the proposed work and fully acquaint themselves with the SECTION 01400 QUALITY CONTROL Contractor may be removed from structure as work progresses. Transport salvaged items A maximum of 10 fee from site as they are removed. um of 10 feet 0 inches on center. job site conditions as they exist, in order that any and all restrictions attending [fie work Provide three strand; wi Jdlrgate rands of barbed wire and support brackets at each posh at top' of are understood. QUALITY CONTROL Storage or sale of removed items on site will not be permitted fence and gate. All areas and dimensions are indicated on the drawings as accurately as possible, but all All work shall be performed in o neat workmamlill manner, left clean and eft clean and free from Protection' Provide temporary barricades and other forms of protection as required to Furnish and install swi conditions shall be verified by each contractor and/or sub-conbactor at the Nile The defects and completely operable. The contr'actior shall provide all equipm failure of the contractor to exarrune or receive any form, instrument or document, or to on the drawinys All materials shall be new oind all work and materials visit the site shall not relieve the. contractor from any nbligolion with respect to his quoted by the conbaclor for a period of one [11 year from the dote of recepto le all equipment as scheduled rotect Owner's general pub injury ind install swing gate and all necessary hardware and stiffenef°s required to a y'`r 4J materials shall be guaranteed P' personnel and te from due to selective demolition provide a complete ell le of acceptance by i complete chain link gate installation bid price. (B A N M) Whether or not shown on drawings, the contractor ,f]all provid- r Mall Provide all Provide protective measures as required to provide free and safe posse e of SECTION 03200 - REINFORCINU f r miscellarn=ous items of equipment and hardware to furnish complete, funcl srnplete, functional 9 Owner's personnel and general public to and from occupied portions of building. PEINFORCING - The submission of a quotation shall acknowledge that the conlroclor and his sub-conhaaors ussernbhes w have fully examined the site and know the existing conditions and ire prepared to Protect from damage existing finish work that is to remain in place and becomes All reinforcing bar (jet, I and the ranh0,_ior shall exposed during demolition operations rcing bar details shall conform to the latest ACI code and detailing manual. operate under the conditions as they exist at the site and has Included all necessary items All work shall he carefully coordinated with all trades involved and the rot provide proper connections, fittings, valves, piping, etc for all equipment. I equipment Drawings are All bars shall be defo le the I'Audl locution or mesh reinforcement sit LrX shall be deformed new billet steel conforming to ASTM A615, SEC11ON 00800 - SUPPLEMENTARY CONDITIONS to be considered diagrammatic and do not necessunly indicate the a,tudI grade 60 wire - itoraement shall conform to 'AS PM A185 ruching of equipment, piping and ductwork Dr awngs shall be followed as e followed ac closely as Pi intact floors with suitable covannys when necessary n ADJUSTMENTS OR CHANGES IN THE WORk runditn,ns allow t„ complete the intent of the contract, the conlm for s druwingv of Iteen, as requested by (B A.N M) :nnlrnctor shnll submit shop Provide all necessary Equip parttions with rustproof doors and security locks. ill necessary accessories to hold reinforcing secure) in y position Contingent to the Conti octor/Bell Atlantic Nynex Mobile Agreed neat (BANM), where adjustments a Clearance of main rein Remove pfr,lachon at completion of work be of mole reinforcing from adjacent surfaces unless shown otherwise shall changes in the work (increases a' decreases) ale agreed to by (BANM) SEC110N 014,30 - ',AIEIY REQUIREMENTS and the Contractor, the rasl for that work shall Irlclade The actual cult (to the, Ourouges Promptly repair damages caused to adjacent facilities by demolition work at no A Uniformed so Contmcl.oi) for any installed items; Rental value of e~.puprnenl (d any), Wages of labor; SAFETY REOUIRLMLNTS and Workmen':: Compensation. cost to Owner Uniformed surfaces to contact with ground or exposed to the weather: 3, inches., I Attention is directed to Federal, State and 1_oooli Laws, rules and u•gulaliorv rod u•gulations UfW'roling B. Bottom sulfa. <<~s' Bottom aurfac es of slab on grade: 3 inches. Overhead and profit for additional work perloirii+d by ti sub-Conhicior or direclh by the constlcchon safety and health standards. The crimpany awarded n (BA.Nf led i (BA.N M) company Explosives, Use of explosives will not be permitted. ruder condition, which are - C clearance of General Contractor is limited to 15% of the in, tense in --ii Wfw,% the work 1, project shall inure that III workers work in surroundings or under nonditinl performed by o sub-Contractor, on in-ease el 1O Z overhead and pi-fit -,hull tie allowed sanitary, one[ are not hn,urdous ur dgngerous tan hrs/her health or oafety, th or :,alety, IaUthInS shall Utility Services e taiq existing utilities indicated to rermmri, Ireep in service, and clearance of drain reinforcing from adjacent surfaces unless shown otherwise , to the general Contractor bC exercised at oll tunes for the prote,huu of Ithe persons and property rd Property It r nnor lory protect ogalnst domaga during demolition operulions. ,,but be, shall be, that the safety provisions of applicable Local Lows, OSHA regulutions and E rlutions and Building and 1. No, 1. Na, 5 bars or smaller: 1 112 inches n~l The Contructor shall Itemize ouch change in ih,• work sad provide hire of Pflle where Cnnslnlclion Codes be observed for all conhuchors and antenna riggers in ugyers D0 not uitrn apt existing utilities serving occupied or used tar.Jities, except when authonced in writing by authorities having jurisdiction. Provide lernporary 2 Bars applicable SEC1101J 07440 - IF,MPORPAY UIILIIES services during interruptions to existing utihhes, us acceptable to governing 2, Bars larger than No 5: 2 inches Where adjustments result in a decrease in the contract sum, an nnlounl for nverheod and uuthonhes D. Exterior wall Exterior wolf surfaces. 2 inchri ~2 profit shall be added to such decrease, which shall be one-halt the amount olluwed Inr Provide all required tempoimy uhhueS and pay ull assscinted fires aNJ uµ fees and opcraUng costs PART 2 - PRODUCTS (Not Applicable) r ~i increases under similar encumslunres E. In all cosec, In all cosec, not less than one bar diameter. 4,,~if w elf SFITk1N 01700 - PROJECT (1011--OUI PART 3 - EXECUTION The cunlmctor shalt m actor shall make available for inspection by the architect all reinforcement , f;-,,b7he placement of concrete. The contractor shall provide a minimum of 2 days SECTION 01010 - SUMMARY OF WORK PROJECT PI()SE-OUT INSPECTION prior to the placement SUMMARY OF ]HE WORK notice to the orchitecl the orchitecl prior to the placement of concrete of '~"d",o Pc9navc all debns riot" ode:, clean floofS cod other exposed surfaces slid Construct an unmanned radio equipment room Wart ;hull Include "Clean" is defined to mean trial which i9 expe,.ted for a firs) Gloss b iOdir surluces aiid remove labels Prior to commenreme'nt of selerhve dernoldron work, inspect areas in which work will be I class building cleaning and performed. Photograph existing conditions to structure surluces, equipment or to Tolerances for placing 'elro>, but shall not be limited lo. New fire rated partitions, Now fire-,oted ha11Uw manlenance program Provide, (CAR 10) with Corbficate of Oocupam_y Jccupnn'-Y sunnunding piop.arties which could be misconstrued as dornoge resulting from selective 3 for placing reinforcing shall be ';i1ll ntelal doses and frames; New finish hardware, New floor timid s; New wall finishes; etc Provide (BANM) with general -perabnq/manlenan-e ini,huctions for all inns (ar of demolition wort:, file with the (B A.N M) project Engineer prior to starting work A. Plus 1/4 mct Plus 1/4 inch for members with an effective depth of 24 inches or less. Inshilled equiprneni. Install and ennab, type and inodel an determined by BANM Furnish Ind Install supports, clips, brackets, cable trays, clarnps, etc , ri req.0md Inr I cimpht, antenna Maintain a Recutd Set of pants morbed to ;Tew ,howjes in the work cac the work caused by b plus 112 met PREPARFlTION. All bar laps to be min plus 112 inch for members with on effective depth of more than 24,Inches, installation unfaeean conditions or Tier hon of the (BAN M) Project Managor PrOVn nnyor Provnlc ps to be minimum 40 her diameters but not loss than 20 inches. supplemental skein ties oc required Furnish this information to the Archif, to the Architect to Provide intenor and exterior shinning, bracing, or Si to plevent movement, settlement Furnish and install an air conditioning system as indicobed on the drawings, ce,mplete with nlilize it) prep~11'jhou ..I "Re<urd Docmnents" brier (BAN.M) controls, piping and conduit, wfnng and all mounting huidware ur collapse 0f Ytruelures to be dernalished and adjacent facilities to remain SECTION 03700 - CONCRETE Cover and pfnte,.l furniture, equipment and fixtures to rernain from soiling or damage ONCRETE l'y>~r8 S[I'TI04d 01740 - WARRANIItS AND BONDS (Who ro Apiphrabir) Provide elocl nc service to the our,, room in nu,otdnnce with oxen dnyrom on when demolihon work is performed in rooms of oreas from which such items have not Electrical Drawings. WARRANrIEti AND BOND`. been removed All concrete work sholl 'x+ to walk shall conform to the latest edition of the ACI building. Provide telephone service to r'odio roonn Cuurdinole with telephone company the Contractor -,hull guarantee Ill labor and mmtena6 used in this project 1 this project for a petted of Erect and maintain dust-proof partitions and closures as regUlMd to Prevent spread Of dust All concrete work shall one [1] year conimencuig from the date of the= iss'uouee of the rerllficofe till' cmhhcofe of sub,dunuol Of fumes to u_eupted portions of the building as listed below 4e work shall attain 4000 psi compressive strength at 28 days. SECTION 01012 - WORK BY 01HERS compfeh,,n. Any deficrBnioes [hot becorne avidennt during this one [1[ year one fl) year period shall be Provide type °C" protection at all locutions as required by job conditions or as Ready mix' WORK BY OTHERS corrected at the contractor's expense ahown on the drawings. This shall be 6 mil. fire retardant polyethylene sheeting A Comply with F with sun It not, stamped on its face The sheets shall be draped from ceiling to Comply with ACI-301, ACT-304, and ASTM C-94 °,:ySS Ball Atlantic Nynex Mobile may have work performed under separate ~:onlracts, SEOnON 01 71,0 - TENANT SAFETY NOTE`., flout cnd held firmly in place. All seams of the sheeting ore to be taped H Maximum hi Maximum hme between rntrodudhon of water rind placement to be 1 1/2 hours. concurrently with the work of this contract. The contractor shall permit access to the TENANT ',AFF11' NuTES project site for the contractor(s) employed under separate contracl(s) to perform their Locale, idenhly, stub off and discori utility servt,.es that are not mdi, tiled to C. Minimum eem 41" 1- work. The contractor shall coordinate his work with the work under separate ci,ntia,l(S) 'pe~.rd pr c,.uuL ins shall be taken by the normodor ';O Ihal the cansfrucl the cunstrucjinn artd the remom Minimum cement content shall be 6 slacks per rabic yard to ensure the proper sequence of Oanstrarhnnjinslalldtwn opHlalC]ne. equipment furnished on this project and mstullotrun of snm,;, vholl oaf off vholl nef affect the following O Maximum wall Maximum water content shall be 6 gallons par slack of cement. I Tenant egiers to and front The builldinq Provide by-pass connections as necessary to mointmn conbnudy of service to oo_upted areas of budding. Provide minimum of 72 hours advance nat.e to F, Maximum slun BEC71011 01016' - OWNER OCCUPANr;? Owner it shut-down of service is necessary during change-aver vlaximurn slurnp of concrete shall be 45 inches as determined by ASTM C-143 °S f$ OWNER OCCUPANCY 2 Flre imd safety of the building F All concrete e 111 concrete exposed to the ground or weather shall be air entrained $ - Perlorrn selective demolition work in a systemali, manner. Use such methods as required between 4--5 ~etween 4--5 percent Do not loud trucks above rated capacity or legal requirements which ever is During the course of sun-timchon, the Lulldinq awnel(,;), hr%hoI employ ',uppl~eui. ;Iluctarol ,afely of the bmldrnq , clients, tenants and visitors -,hull continue to 11,cupy The ahirt1ire the ontalrl it o,bJll I0 complete well, indicated oil Drawings in accordance with damohhon schedule and schedule and coordinate the work uca~,rd n,jly 1 No rroRion of nolso outside the h~aurs of 800 AM - 600 PN goveinmg requiebons C. Do not load (M - 6 00 PM unless the lesser art the lesser amount agreed fit, in wutlnq, will file p1111erly owner in ad,ti advan, mi,alt r va h ,N rate e and i . masonry a n ` ilh c. - in small sechUns. Cut roncieta and musanry of ra„ oc. v all - u vb rc9r ",It n v, 1 Dunmq security shall be mninlomecd in order to prnv<mt uncut prav<rnt una uthori.:°d tnols; da not u,e power-driven impart tools. poured on frozen green v _ w ni, -avv. vo cor cre7e Sna I oe i frozen ground = - CUTTING AND PATCHING,' Pec`dlnr, from enlacing pre1N,,'s, err secured portions i.f the p Iran, ,f the premnsee Locate demolition equipment thrnughout structure and promptly nPmove debris to the contractor shall pr, actor shall prepare at least tour concrete test cylinders from each day's ' Iru The contractor shop perform Of sidling and pntchmg us Iequn ed Io provide au_es n,r it Decin ity, pa-j, water and olhc-r utillnws is uppllruble, will nrd mstallahon of various parts of the work, All adtuig shall be pertomied as to nunimvr mL•rruphni dunriy cnnshucnwn able, will not be ovoid imposing ex. Lssnve londs on supporting walls, floors or rram,nq pour Cylinders shall be Architect for review. 7ders shall be property cared, stored and tested. Submit test results to the 'or review. damage to edgarent sarfures. Patching of e.oshny molensls eholl by pt•,toioi-i ?i I neul Provide services for effechve or and water pollution controls as required by toaol "J . and workmonllke manner All holey in nruiano ui wood teamed tkmir , wall, end cedrnyi, I AlluIllalahnlr of dust The contra, Itar Shall IeWe work site cI, work site clean at the outhotibes having jurisdiction. Throughout construction v13 i construction, for concrete work shall he adequately protected against damage :hall be core dulled Or saw cut Pitching shnll mlud,- the rea,•ra4,m of pohii=d -111 facai end of Inch day. due to excessive loadin cessive loading, construction equipment, materials or methods, ice, rain, snow, 'r to match exlstiny ')trlh )N 010711 - SELECtIVL DFMO[IIIUN If unanticipated Inechamcal, electrical or structural elements which conflict with intended excessive heat and tre him [ion or design are encountered, investigate and measure both nature and extent of the heat and freezing temperatures, Caiilhct Submit report in (P.A.N M) Representative in written, accurate (retail Pending receipt Early dounq out of can iq out of concrete, especially during the first 24 hours, shall be carefully - ~;ipT.' SECTION 01051 - EXISTING CONDIIION ULSCRIF1VmpI nF WORK of di"i live from (D A.N M) Representative rtranarl selective demolition schedule 1S necessary guarded against. All sou gains[. Alt surfaces shall be moist cured or protected using a membrane curing x.11}'I EXISTING 70?NDI11ON E/I InI cif selerhve Jen\ l"lihorr w.nk r, rata alxJ ,urr druwmgs In raahnue )v.:r, ll job progress without delay agent applied as soon exercise rare not to d( fled as soon as forms area removed. If membrane curing agent is used, All conditions and dimension: shall b", venfred by hue ~nnbaclnl plum to the rturt of are not to don7age coaling `;•!,~y construction. It is the t mtreclor's- respam,l6ihty t" rep,rrt, in writm,l, sgnnc~,ln! vanatlon Relnled work bp,rihed elsewhare SALVAGE MATERIAL"' Bending tack welding, e ack welding, cutting or subshiute reinforcing other than as shown on the or dlscreponcies of the conditions noted n, imphnd, f.-, llm 4r'~ hits rl, unme,lin LJV upon contract drawing is pro M the ornw.nq_: and Solvage Items Where indicated on Drowings as °Solvage-Dej[ver to (B.A.N M Architect. hawing is prohibited unless specific approval is granted in writing by the f "A'1"a~ ;o discovery of sw.h condlhgn5 kernndehnq COn;tra9001) w114 and pntchln<g VS included nn the drowin .,thin th•; ur.pec l.VO . duns of spe,ihcolhons, inrludinq lcrnaval of 1 nemavol of is far corefully rernove indicted items, clean, store and lurn over to (BANM) re use and in, orpnrainm into rerncdehnq or new ~;onstnrction action and otlonn receipt. Forms shall be built LR 4.f ill be built true to the lines and grades designated They shall be substantially ' SECTION 01060 - REGULATORY RLOUIRE_MCNI; constructed, strong, rigi d, strong, rigid, mortar tight, and adequately braced or tied Forms shall W REGULAIORY RFOUIREMENIS Pelo, ad of pp- randurt;,, duels, other merhon ic ul .end electric ul •.pe,.d inJ by rnsp farce nil ek,tlicul wort ore Where items are indlcaind to be. retained to the budding owner, Such Items shall be be designed and const cleaned and carnponents and parts of such Item (hail be, collpcted and provided to the Imposed by plastic con budding owner pour, effective vnbrobon id and constructed to withstand all loads and pressures, including those y plastic concrete taking full account of the stresses due to the rate of ^:•,'i: Jive vibration and any conditions brought about by construction methods. shall be, ply-forms at metal forms such that concrete surfaces exposed the Contract Documents were prepared in Ut, orlon,., with the apPhiobl,~ I"cil ^,UHM1FALS conshtiChon codes. the conhactui Shull Lantalm to lhas- cud : and ,rlhgr apphcublc Formwork shall be, ply- Local, Cty, County, Smote, and Frderul rotes. LIIW: acid royanernonl' S,IheJule l;ulirnii xtn-dule indrIahny proposed mefhuds and sequen,.e of DI`P05AL OF DEMOI ISHED MATERIALS to view shalt be smooll loll be smooth. All surface defects shall be rubbed to provide a smooth ;Y r•`~',~,'~i~J;q,n'f"I selerlive d.moliko nr work to Owner', Repres.•n lutnve for review pricer la r0 11n sequen,.e of operations for texture and homogeneo pricer lo ' onuurn,:en ,.nl Remove debns, rubbish and other mntenalo resulting from demolition operations from it homogeneous appearance. o v,~e SECTION 01063 - PERMIT I I_FS OI wo,l. Include , ~Ir drnuhon for shulnll, applmg, and continuation of utd action of utility services as hullding site. Transport and legally dispose of materials off sita. Exterior entryway sloop '.(lion the path of travel and di! 7tryway stoops, stairs and lamps shall be broom finished perpendicular to = PERMIT FEF.;' re,p,Ir, d, Irngrther wdh J,.Lads for dust and noisr.c conhol protection of travel and edged by tool. All exposed edges and corners of concrete above 0 ~ wurl'' Pmovrde JebnWd t;aqunrI, or demedrllan clad rernovol work to ensure If hazardous materials are encountered during demolition operations, comply with grade, not otherwise sp rk to er,sure a aribl ipted applicable regulation, laws, and ordinances concerning removal, handling and otherwise specified on the drawings shall be chamfered. Bell Atlantic Nynex Mobile shall apply mud pay for the Budding P.rrnd. fhc' unlra.to1 prngrt,,e N Owner r'c on .rLs operations piolection against exposure or environmental pollution, Concrete ;hat[ be conve :hail be conveyed, placed and finished in a good workmanlike manner. e,Li,,ll_ shall apply and pay for the Cerificate al Occupancy The coati nc for shall ,burin and pay aM for' all other required permd5 and li,,enses The contractor is responsible for obtaining all JOB ci!NDII1UN:i inspections and certncrotes pursuant to the ,co[ Iam strurtlon coda, i e New York Bacrd Burning of removed materials is not permitted on project site. Contractor shall bring t, shall bring to the immediate attention of the engineer any defects or errors in of Fire Underwriters Cerhfrcute for Elechr,_al Work. I tr.c upanryl Owner and/or his hannnl(s) will be Continuously occupying are buddrny Conduct seleclive demolition wor4 in rn,onner that will minimize ne SECTION 01090 - DEFINITIUNS AND SIANDARDS disruph,'n of Owne1'o re, lenont(s) normal operaltions the work Prior to make rccupying areas of the CLEAN-UP AND REPAIR: to make patches for of Prior to making repairs, the contractor shall obtain permission from engineer i:r'-}•; i, .8;•r1i, latches for other than minor honey combing. min maze need for s'tiws; Upon completion of demolition work, remove tools, equipment and demolished materials Contractor to coordinate to coordinate requirements of electric, telephone, grounding line locations` DEFINITIONS AND SrANOARDS from site Rernove protections and leave interim- areas broom clean and users. Contractor t Contractor to verify pre-fall building size and method of attachment. The term "provide' means furnish and install _omplete and reudy far Intended use, as Prnvidr mmLnmrr of 72 hours advance nnohce to the building Owner ui[ding Owner of dcrnn[ilfon Contractor shall be rasf shall be responsible for the cooidinalion of all trades and work S -,4µ oppficuble in each instance The term °Arrhitect" or- "Engineer" eholl rncan William F activities which will :ever ely impact Ownen's animal operatinns nations Repair demolition performed in excess of that required. Return structures and surfaces to remain to condition existing prior to commencement of selective demolition work. Repair All materials shall be sl iIs shall be stored to protect them against the elements. Collins, AIA Architect Areas of the work do slynated to be dane9 on overtime (out of hours (out of hours) will be - adjacent eon5huction or surfaces soiled or dnmaged by selective demolition work. restored or otherva,, made useable, by tlhe owner at the end of eur is e=nd of ouch work period. Provide the Architect wi the trip ticket for each e Arrhitect with copies of the proposed design mix for approval si,t ? and popies of oket for each delivery of concrete r- .y Drawing Deecnption: Si Seal °"fz'<.a to, Scale: Drawing No:~- f~ a+':•'r S~~tIED ARCy~T 8-20-96 AS NoTID Cdr sn ro F tiI i.'+rp yow'a mhe< Drawn By: Checked By: z s • Bell IN Atlantic NYN NYNE=- Mobile 1~ i vgr",r}bq'I #=`,~t,po,7 IL SRS TNT MOBILE CELL SITE IN'STALLATIO~ i STALUATON SPECIFICATIONS EKMS - 9-6-96 I',SUED FOR BANM 100 % REVIEW MAIN ROA~r~D (ORIENT FIT. SEARC PL SEARCH AREA) CONSULTANTS INC. K ENGINEERING - TECHNICAL SERVICES - CONSTRUGHON MANAGEME14T f Project No; 96-723 d SUITE M • 3555 VETERANS MEMORIAL HIGl1WAY RONKONKOMA N.Y, 11779 :MFNT 6 O 96-1275 i~ M vicf Y, 11779 (njy. alfia94 Y < t- ¢r'", 3-22-96 ISSUED FOR BANM 60% REVIEW r`1 I I= S -I- E c - s SOUTHOLD;, NEW YORK Shoot f ,.,I T Revision Data Desuip6an T_- _ _ tz-¢ rtcxuo6r aavr, s[mwra r, xr uro • vwx ar6r 694arb • d4t6 (11616048159 (516) 981 -M990 FAR (516) 981-3971 -3977 9j 0~~ 0 er Project No: ffP - F ,fin >A - t,,l hY~ A~~Jd r! n i.-f, ,e 5:\DWGS\96-723\SC-2 9-6-96 1:37.23 Pm EST a PART 3 - EXEC011ON c y""5~, p 4Kf~ Install U-type trim where edge is exposed, revealed, gasketed, or sealant-filled Perform bond and moist (including expansion joints). sufficiently cured and dr nd and moisture tests on concrete subfloors to determine if surfdcea are cured and dry as well as to ascertain presence of curing compounds,,.,ly ar +r X17 l', SECTION 09250 - GYPSUM DRYWALL EXAMINATION SUMMARY. Examine substrates to wFc.h drywalt conshm,ction attaches or abulti, pr Extent of each type of gypsum drywall construction required is indir,aled on Drawings shames, cast-in-anchor., and structural frowning, with Installer present, Install control joints at locations rndeated,or if not indicated, at spacings and locations Do not allow resilient Be fter abut preset hallow metal required by referenced gypsum board application and finish standard, and approved h the w resilient flooring work to proceed until subfloor surfaces 'are ;satl'sfactr ry: after present, sent, for compliance with Architect fr visual effect, by PREPARATION rr-quuements for Installation toleiances and other conditions offect'ng p is affecting performance of This Section includes the following types of gypsum board construction drywall Construt, hon. Da riot pror.eed with installation until unsalisfaeto I unsalisfaotory conditions have FINISHING OF ORY'WALL: Prepare sutfloor surfocei ,floor surfaces as follows; a? been corrected Gypsum board stew-attached to steel framing and furring marnbe,s INSTALLATION OF STEEI FRAMING, GENERAL General Apply joint treatment at gypsum board joints (both directions), flanges of corner Use leveling and patchin+ baud, edge tom, and control joints; penetotions; fastener heads, surface defects and for filling small cracks, I and patching compounds as recommended by resilient flooring manufacturer mall cracks, holes and depressions in subfloors, DELIVERY, STORAGE, AND HANDLING: ry 1 I A' Steel Framing Installation Standar'd' Install !steel farming to comply wit to comply with ASFM C 754 elsewhere as required to prepare work for decoration installation. Remove coatings f ive coatings from subfloor surfaces that would prevent adhesive bond, Deliver materials In original packages, containers ur bundles bearing III name and and with ASTM C. 340 requirements that apply to framing installation. Apply joint tape at joints between gypsum boards, except where trim accessories are including curing cc ling curing compounds incompatible with resilient flooring adhesives, point, waxes and sealers. identification of manufacturer or supplier - Inslall supplementary burning, blockingl and bracing at terniniabor at terminations in the work indite ated, oils, waxes and se - Store materials inside under rover and keep them dry and protected ngcinnl damage from and for support of fixtures, equlpmenlt services, heavy tarn, jinni ivy lrun, furnishings, aid similar finish interior sum wallboard by applying in the following joint compounds in 3 coats Broom clean or vacuum th recommendations of gyp y pp y g 9 1 n or vacuum surfaces to be covered, and inspect subfloor. weather, direct sunlight, surface contamination, corrosion, -nnsl rin..han jarful and other conshuchwo to cornply with details indicated and with recommen, rfh "Gypsum Construction (not including prefill of openings in base), and sand between coots and after last coat ` I"fit Iyr,' causes_ Neatly stock gypsum boards flat to prevent sagging gypsum boald inunulu(lurer, or if none available, with "Gypsum I1urldI)0--V published by United Stubs Gypswn Co Apply concrete slab prim Embedding arid First Coat. Ready-mix drying-type all-purpose or hoping compound, manufacturer, prior to of etc slab primer on exposed concrete slabs, if recommended by flooring lr, prior to application of adhesive, Apply in compliance with manufacturer's rv' _ S NI'+, Handle gypsum boards to prevent damage to ed,,Jes, ends, uric sJi faces Da not bend or di z otherwise damage metal corner bands and trim, DV not bridge building expansion coil control joints with steel framing le.~l framing or Fining mernhers, directions. offing f members or as indicated fill (Se.:ond) Coat Ready-mix drying--type all-purpose or lopping compound. y independently forme, both sides of joints witlh framing or turning rnemb PROJECT CONDI110N;. INSTALLATION, GENERAL. ERAL'. INSrAI_IJQIUN OF SFFEL FRAMING FUR WALL. AND f"ARTITIONS Finish (Thud) Coat: Ready-mix drying-type all--purpose or topping compound. Install resilient floating u' =nt floor ng using method indicated in strict compliance with manufacturer's Environmental Conditions, General) Estoblich and maintoni rnviroiimi r_ondibonr fni actions. Extend resilient flooring into toe spares, door reveals, and into s application and finishing gypsuin board to comply with ASTM 840 and with gypsum Install runoe,; (shuck;) at floors, , ,iling avid structural walls and rulu board manufacturer's recommendations drywall ,stud syslem abuts Ahiti rnnstrur ban alls and columns what, gypsum Partial Finishing Omit fluid cool and sanding on concealed drywall construction which is printed instructions. Ext. mdioated for drywall finishing or which requires finishing to achieve fire-resistance rating, closets and similar openi similar r openings 1 2i sound rating Or- to cat as air or smoke barrier. ,c and tit resilient flooring to permanent fixtures, built-in furniture and cabinets, t E~' Minimum Foam Temperatures' For nonadhesive attachment at gypsum hoard to framing, Whero stwis are installed directly agaiinsl exterior wnh,,, install as sits, install asphalt nett ribe, cut, and tit resdi, strip,-, PROTECTION pipes, outlets and permo Is and permanent columns, walls and partitions maintain not less than 10 deg F (4 day C). For adhotwe aftaChinrnt nod hni,hng of LCtweeii elu&. and wall N gypsum board maintain not less than 50 deg F (10 deg for 46 hours pmir to opphrnlwlr ';nq mrmber su thot fastening Provide final protection and maintain condihons, in u manner suitable to Installer, which rightly cement resilient fl ant resilient flooring to subbase without open cracks, voids, raising and and continuously thereafter until drying V, (,anaptete lustrllla lion Tnlemw es In,lall each steel fr.un ing and furriNl member surface An not vary nwr.: Ilion 1/8 inch fia,m plane of foees of ndl,r~ aces of ndj~r. it training ensures gypsum drywall construction being without damage or deterioration of time of puckering at joints, teleg Substantial Completion rri fertons. Hand roll t joints, telegraphing of adhesive spreader marks, or other surface, „ d'tr S, Hand roll resilient flooring at perimeter of each covered area to assure Ventilate building spaces to remove wider not iegwrrd far Jryni,J pool treatmrait mnlerinl, 7,y'r Avoid drafts during dry, hot weather Iu prev._nt mutenUl himr drying 14n rapidly. Install ,feel Studs and furring in 9I and nit ape, ings ndi, uted but n iP,Juired by re(elwyed steel framing n tallolbun s'tandnrd di.ated but not less Than that adha scan SECTION 09650 - FESIIIFNT FLOORING INSTALLATION OF IILE FIOORS I 4 µ PART 2 - PRODUCTS ILE Ft OORS Fur Swi,jle rind loi 1,1r, layer consiruc tiros IF Inches un conic, mi cenlo, DESCRIPTION OF WOPo', Loy rile from center roar n center marks established with principal wall-, discounting minor offsets, so r x Tr MANIJFAC fI1RERS h.... an,f gypsum boatits con be Extent of resdiint flowing and accesson sholl im L.ule new vin yI CampoSitn,n floor tiler that file at opposite edg within radio morn m now rubber base, within the room and mound ouhsrds of new of cut widths less than opposite edges of room area of equal width Adjust as necessary to avoid use . Manufacturer Subloct to comphonre wdh requu mnenis, plnvid-, pn,dw_I, id nn~ of Ihr Ih,tnll ,,tool 61WL, ea that flanges punt in the, carne firecti,,u and gyp rs less than 112 the at room perimeters Lay tile square to room axis, unless 3fq'cErr3r" tallowin9 inJ,dleo in III, dr,eetinn nppnsrb: to !hot of the Range. Steel Framing and Furring gypsum boar rl partitions otherwise shown own Bostwick Steel Framinq Cn, Frarn.= dour ulrenwas to comply wllh detade indilab~d, wdh LA ?19 on, r r.A 119 and with opph,,lile Mob], Has for color and far color and pattern by using tile from coi tons in same sequence as - Dale Industries, Inc P'Iblr,ji-I WCOnnnen1J0h'Ws of gypsum board monitor turWl Alla,.h vor Alla+.h vcrtiCal studs al nrrrhs r Contractor to note that drawings call for vinyl wall base generically, All has, is to be j specified herein as Public, Wull Base manufactured and paaka Irps to door frames, rnsl all runner 1e, cracked, chipped, or dat rmb sluds. WliALITY A'S'.,IJRANCC. d and packaged if so numbered. Cut file neatly around all fixtures. Broken, (,old Bond Budding Prndin_tn Div„ Natiinol will. -,,,w, eilhel ILrer.lly to tran.cf. or iii JQnll, unchui hp, on door ipped, or deformed tiles are not acceptable Gypsurn ro, loy:8 „_IPAI (tai erIpple studs) If head and sclun• la lamb studs. Incur, Inc, Adhere tie (I+?oring to su flooring to substrates using full spread of adhesive applied in compliance with - A;fyl. Marino Industries Corp. I in,o rq,enimj, dlw, than door openirnJs la comply with bd,jils mrhRu ,1,4olls mdreuled~ +.t rf none flooring manufacturer's of hufacturer's directions. United States Gyp,,urii r,n indi of, 0, it a~rnr. manner a:. requu ed tar ,`loo, opining;; ,mil nstoll h unit install bannml below sill; oP Mmrufnr tuner Provider cash tyf?e of resilient flooring and accessones as produ+.ed by a aingle manurucfu+er, rncludtry recornmended primers, udheslves, sealants, and leveling Gyps.un Boards and Related ProdaCiS L-nin,l'= 10 ninhI hnnimg cgtnrWJ above door honor nunds INSTALLATION OF ACCESSORIES omp , CCESSORIES, Flame 'Spread Not more than 75 per ASTM E 84, Apply wall base to walls, use to walls columns pilasters casework and other permanent fixtures in r n'~ Donator Gypsum Co ApPI ISATI IN AND Holl',IIIIW; OF l'lki BOARD, GFNCRAL Georqia-Pacific, Corp rooms or users where be ,ens where base is required Install base in lengths as long as t practicable, with Gold Bond Budding Praducls Div,_ypsiim Hoard Apj,lu nhnn ~unl Fini;hiny Standard Install and lunch qy Smoke Dcv, lu ed N,1( n iorc than 450 per AS1M E 84 preformed corner units, and Iunsh gypsum bourn to p p corners. Tightly bond be, oiner units, or fabricated from base materials with mitered d or coped inside t mY°°°!!!{'~ ghtly bond base to substrate throughout length of each piece, with continuous- National Gypsum ulnply with A'JM 840, horizontal and vertical surfaces. United Aaten Gypsum ilo. Smoke Density Ipot mote than 450 per ASTM E 6C.'_. contact at horizontal and S1EEL FRAMING FUR WALLS AND DECIv. lo..alr i'XpNned end -Lott pints as tar bnini center at walls slid ,edinq Its oral ridings os paevhh., Cold PPrLIECT f'ONDIfk tN`.; CLEANING: AND PROTECTION +ourd. rtaggrr' wit lest than 4 mches In oiler nalw ,onme3 if board. owin rations immediate) u n completion of resilient flooring: Steel Studs, Runners, Joists, Molar I wring Channel. A JIA r' 645, wdh flange edges It e number of end-hull joinls .+r Maintain ounimurn temperature of 6b'F (18'C) in spaces bi teteVe resilient flooring for Perform following operoh odor high walls, install bowls of least 48 hours prior to installation, during installation, and for not less than 48 hours $h4Js heat back 90 deg and doubled over hr loan i/ Ito' minunulo lip (relurn) and iornplying n;fnll wall/pmtdmn bawd; m mwiner wh,,hh minimises the number of with the requirements for minimurn Lhrckness of base (unr.oatm) metal and tot depth ovoids them entitely where possible At slaeawells and sirndor high wall after instullahon St .,re resilient flooring materials in spores where they will be installed Sweep or vacuum + or vacuum floor thoroughly as shown on drawings imizonfally with end Jninfr staggered over studs for fit least 48 hours before beginning installation. Subsequently, maint ul minimum A wash floor until lime period recommended by resilient flooring Instal] erputed gypsum booth with lace sides out Do not msbdl miner' bdl r mrfcr.t, dam.xpd or temperature or 55'F (13'() if) areas where work is completed. Do not wash Iloor uts Pe manufacturer has focturer has elapsed to allow resilient flooring to become well-sealed in ive Fasteners: Provide fasteners of type, matenal, size, corrosion resislnnce, holding damp hoards Bull bnartl htgether to n Might contact at Cocos and it cotes until ands with ,,it mane Install resilient flooring and accessones after other finishing operations, including painting, adhesive power and other properties required to fasten steel framing and funning members than 1/1G inch of'o ,pare L.'Iwa:en e"n"I'i f),, not four= into place into place have been completed Do not install resilient facing over concrete slahs until the jolter :w securely to each other and to substrates involved; complying with the recornmendahnns of gypsum drywall manufacturers for applications indicated ale yther edge s end lauds aver supp, its, except in horizontal op have been cured and are sufti(rently dry to c¢.hieve bond with adhesive ore, determined by Damp-mop tloor b h~,all j,)ints where resiient flooring manufacturer's recommended bond and moisture test -mop floor being careful to remove blank marks and excessive soil. u',P.+,,,;54 n rn Vznnc.hnte supparls of gypvun bound bock-bloolsng 6 IaovirlnJ behiii ovrr v ,dlt.d .J behind d call a Remove any exces PART " - PROOOCf5 recommended by r ve any excess adhesive or other surface blemishes, using appropriate cleaner GYPSUM BOARD. emended by resilient flooring manufacturers. r Ininsi tapered +edges and mill-rut Protecf flooring against c General Provide gypsum board of type, rndrr_afed in imoxim... It lengths uvndnhra to 'i -slhun LVard., so that jibe edges abul, tapered cdges agains tope-led not pln..e tupercd edges aganst ~_ut Monufneturer- Subjc,.l to c.,mplronce with requirements, provide products of one of tire, Hoeing manufacturer's di ,ring against damage during construction period to comply with resilient 41 , wfacturer's directions. minimize end-lo-end joints. .II fieldut ends aquinst mill-rut it field-,cif ends Do hilt plry.e to edger. ar ends ;tugger ve,hLnl Jorrhls over different studs un i~ppooil thickness Provide gypsuii Mold in 6/8 inch th1 knessus, r,,,nply with ASTM I: S on .'ppo011e srde~' of paftlhuns following Y; i or end of each bo.r d is utamhed Mnnulo,barers or Vinyl Composition file Apply protective fb protective floor polish to resilient flooring surfaces free from soil, excess ' ~r# w 840 for application system and :uppoit shoeing inrhroted Alrurh gyl,eum board to steal studs so that] reading edge ar end of e to open (no--pporiad) odq, of Chid (lunge 'hrsl adhesive or surfac Ii Flours, Inc arrylic product ace ive or surface blemishes, Use commercially available metal cross-linked product acceptable to resilient flooring manufacturer. Gypsum Wullboa,d ASTM r 36, and is follows, Altuch um boord to Srif>>IrinentaiY y namtm aria blocking pniwded I ng pniwded for cddili nil Protect resilient Do Montle, liters of Rubber Wall Rase following instollabor :t resilient flooring against damage from rolling loads for initial period t 1 +r"' T-- rirernde antes nVher wise nadir nil ail snppolt A op,=,nngs arni cosmic ing installation by covering with plywood or hardboard. Use dollies to Ie- stationary equipment or furnishings across floors. Ed l,a ]ered. 1L,cI q. u! h„Ilnw n],I„I dn.,r tiPIn, fnr h,J,llnw nbetal chars ar,d IeVr: gee T Wide At,ply -,pill grnul 111 -00, jamb ranch„or clip list bafi,rr inserting >rs and To.'r; over }.r. inJ;1s Roppv Rubber Base move stationary eq for, inserting board into frame Cover resilient floating wr RFSIIIENT FIOORING COLORS AND PAFIERNS substantial completion. nl floating with undyed, untreated bwldinq paper until inspection for completion. , a I I' Type C Core Board (,aver L,Jh nl sL,"l ;hx7 1,ar l,linn Irar Wing with gypsum Boord in turn board in cOn, a.rled spo,,;s (nhovn _eilings, sIl ) TILE FLOORING Clean resilient Touring no at flooring not more than 4 days prior to date scheduled for inspections TRIM ACCESSORIES Fit gyp`;un, hnanl ur nuroi ducts, hnpel, and ,.randuits VirI Cam osition Tile f5 S~-I-312, T IV, 1T r 12" unless nlherwi.e indicated, intended to establish daL( Y V YP" flooring by method recorr establish dale of substantial completion in each area of project. Clean resilient and ab Iollo's. methud recommended by resilient flooring manufacturer. , Cornerbeod and Edge Trim fur Intenor Instollof,n (.,nnply with )P L 890 and the following. ii pmtihans nterrcf C,ah i,le bemns, rut gypsum bond to fit f,, I'd to fit prnhl~ of beams and Strip protective floor poh Composition I or 2 of Conhocior's option, cleaning, uve floor polish, which was applied after completion of instalation, prior to all„w 1%4 to 1, 12 nrh w,d,~ ja,nt R,r ,P41anl s .r Cornarbeod formed frern zinc oll0y, with Mara,.. bnu: I"T mid p"rf„n,ted or If =rimed rtyF''s'rm hoard npplirntion Gage 1/811 Reapply floor pnhsh ly floor polish after cleaning. fine-mesh expanded metal 'SIiu,e h]•; Lenin; in (lypeum I-) ird,, in ouorlome with 1eprenred gyps„ 1rII hn,;hnng stonda,1] and rnanulif tu,cr':; i•'.n, Irnendation, Steel Ldge trim formed train galvan,z,d ntcel, ty Pe, I rag 1 of A',IM r 840 eB Color As selacled by HANM PrOTe.,t Engineer EXTRA STOCK *+m~t follow;, MEIHODti or 1;14'otlM BOARD APPLIIANUN AI CESSUHIES Deliver stock of mainteno se rws same manufactured lot a c of maintenance materials to Owner. Furnish maintenance materials from ~i n u a. `actured lot as materials installed and enclosed in protective packaging with `LC" Bead, unless nlherw,se mde oted. S,ngl~ Layer Applrv:nl_i„r, In3l_ull y),I-i wulllborrd cis follows Rubber Wnu Buse, Provide rubher base, with matching end stops rind pretotmed ar appropnata identifying lab identifying labels..,,,, 1?n pr, li I..... alle apply gyp ,,n I Eno,-d verh.,ally (rra-f I„ ho" "d.4 I., framing) unless rnolded omer units, and as I,,IIaWS p GYPSUM BOARD JUINf 1REAIMENT MATERIAL', citherwi u,dn..nted and pi„vidr keel length, which will nOmmlze will nummlze end P?Intt. Heryhl 4" or as InJcnlyd The Flooring; Furni :Donny: Furnish nut less than one box for each 50 boxes or fraction thereof, Gem+ral Provide materials comply,nq with A.,fM 475, A;IM C dd0, anJ rwmn,rndatiuh: Double Layvl Apph,.oh,w Irr;tnll )yl r,un, wulll?aurd as follows. ows. of rnanulacturer of both gypsum board and joint 1reaLI matewl, Irar the op ilicatinn r,li,.atad 111 ickness I/fl" gage. SECTION 09900 - PAINTING PAINTING On parhham.~ walls apply baron toyer umd tags Inye,s verb,ally (pr verh~ally (p(Irallel to framing) DESCRIPTION OF WORK, ref jalnts Vffset 'it least 10 Style Prernmm hq s?I r_nve base at V C T t a~ - IORKainting work is as herein specified Joint Tope Pnpei reinforcing tape, unless nlhe,wi-, indicated with ,wins of bm.e Iny,i =,ver supporhs and face uye, joints Vffs n, his with bas,: lave, joint: ainting worse is as herein specified , i~1r Use piesowe sensitive or stuple-otloched i weave ytuss hbur r,_,ntor,my tup, Emish Matte Extent of painting work r with compatible joint compound where recnm,nended by Inanufa,, line, of gypsum Ise,t, n,ng Melhods_ Apply qyl, um Lrards 6? supports as follows follows F,c.1en with scrrwo Work includes painting or °s painting and finishing of interior and exterior exposed items and surfaces r , + board and joint tieutment materials rar application indicuLd Dolor As selected by BANTA Protect Englnear throughout the Hell Allan' the Nell Atlantic Nynex Mobile project. +''-r INSIAL LAI ION OF DRYWALL. IPIM AC(A'.';OR'H Adhesives (Cements Waterproof, stabilized type as recommended by flooring Work includes. field parnh :s. field painting of exposed pipes, conduit and hangers, exposed steel and iron Drying-Type Joint Compounds' Fau[ory-prnpoclmgad vinyl-bav,fd prod, tS em,,plyinq with the following regui,enBents for formulation anJ inLnded use C,^neral Where feasible, use the name fost,ener0 to oncho, tram a,rces aI tom accessory flonges as manulnclurer to suit mntelml and substrate conditions work, antennas, antenna nos, ontenno mounting hardware and antenna cable, where exposed to view r:gwred Lo ln-Aen gypsum boa1'1 tr, the supports. OLhtflifi fusb]n tb rise, fusbzn deigns to rrnnlllY and pruned metal surfed Conerele Slap f'nmcl. Non-stouuny type as recurnmended by (looting manufacturer mechanical and electncal metal surfaces of fittings and equipment including those items installed under ,e Taping compound forrnuluted for rn,beddli,q Tape and for hrzl -oat uvr, ta-leners w,th mauufc,Jurer*s re. un.rnendah-.ns and electrical work, except as otherwise indicated. and flanges of comer beads and edge him Install coiner beads at ecffe, ul r- me,, Leveling and Pohrhing Cornpounds Latex types as recommended by flooring "Pnint° as used herein n )sed herein means all coating systems materials, including primers, emulsions, y ,I loppinq compound formulated for fill and finish (third) ch]t9 munufar liner enamels, stains, sealers sins, sealers and fillers, and other applied materials whether used as prime, ""+1 Install metal edye. him whenever ege of yyypsum board would oche rwr> ould olhenwr" be exposed ar intermediate or finish car inn compound exr,,pl where "N" or finish coats. MISCELLANEOUS MATERIALS. somr-exposed Provide type wdl, tare flonget to receive joint compound beocJ (semi-finishing type Is indn_uted. whi, Genern Provide auxiliary materials for gypsum drywall ,nnshturei, Of (lie uiPo with PART S - LXFCUTIUIV Surfaces to be Painted: be Painted: Except where natural finish of material is specifically noted as a surface be be painted, paint all exposed surfaces Where items or surfaces are not j referenced standards and the recammendahnn:. of the. manufactures of the gypypsum boar) Im,tall ck bea,l 1111 he eon ffmion is lightly abutted Irc abutted to other Canstiuelian INSP[CTION not be be petite mentioned, paint the same as similar adjacent materials or areas Colors shall and bark flange rmi be atlurhed to Ifrarning Of supporting ;ubst xbn suL.0ral, be selected mentioned, p p' y be seleectte ed by y (BBA A N.M) re Inng (lunge of lion Require Installer to inspect subflaar surfaces to detelmme that they are salsfactory. A by (N A N.M) except where indicated to match adjacent. Spot Crout; ASTM C 475, setting-type Joint compound of type Iecnn,mended fnr' In,tnl[ "LI(' bead where s„h91rote is krerfed to receive long flungr satisfactory subfloal suface is defined ns one that is smooth and free from cracks, holes, Following categories of w degories of work are not included as part of field- applied finish work. t spot grouting hollow metal door frames, In^,tall "t" bead where -Jijo inn] can only be instaled ofie, gyp Gypsum Board Screws ASIM C 1002 installed. LIM od after gypsum board is edges, coatings pleventiny adhesive bond, and other defects impairing performance or oppeafonce. Seal Ai? &4,U Date: Scaler Drawing No: Orawmg Tlesrnphon ' RED Re S.~E yT' a-zo-se AS NOTED is NVWM- Mobile 4V ad.^s a raRo-e FPT Drawn By: Checked Sy. 'i„lYy+k ,f` @ . q Ili' a SRS Thf' r_. 1i r ky4 9-20-96 ISSUED FOR FILING MOBILE. CELL SITE INSTALLA] INSTALLATION SPECIFICATIONS lr Sc ~.i I}-~~ Ind Project No: 96-723 to kx" ha4'~.. W ~~~~~~o~~ O~~~eo~o ® Bell Atlantic M J11 PT. SEARCH AREA) CONSULTANTS INC. 9-6-96 ISSUED FOR BANM 1007 REVIEW MAIN ROAD (ORIE.N I- RT. SE/ ENGINEERING - TECHNICAL SERVICES - CONSTRUCTION MANAGEMENT 'ORK UNAGEMENT 96-1175 8-22-96 ISSUED FOR BANM 607 REVIEW F'' F'C-- H S T F= C_- T S SOUTH(OLD, NEW YORK SUITE M.. 3555 VETERANS MEMORIAL HIGHWAY RONKONKOMA N.Y. 11779 )MA N.Y. 11779 Ff Magi Ty Owner Protect No: sheet Of 12-12 Rt11RWY p0V1, SnAUP NY. IIfl] • MU bra 689-8150 ~ M1.1 er6, an-BIA (516) 951-3990 FAX (516) 981-3971 981-3971 T 2 Y! rt n It r+N `k t y ~a t Revivion Dole Desnplian ~ _ - ffx T - - v yyt krjF'"i} , t 1 x 1 rY''/. - fi. r ` a rn q, A f ' G \DWGS\96--723\SC-3 9-6-96 1:56:10 Fort ES1 y, tyv~ . SURFACE PREPARATION, INTERIOR PAINT SCHEDULE: JOB CONDITIONS accordance with paint General Provide the following paint systems for the various substrates, as indicated. The Contractor shall a; actor shall assume responsibility for. all existing conditions. After award of -,I+I there will be He consideration of claims. . r idlis ~ rjTy'r Pre-Finished Items. Unless otherwl+e indicated, do not InClude paInhng when General Perform preparation and cleaning procedures in accordance factory-fnishinq or installer-finishing is specified for such iternt; as (but riot manufacturer's instructions and as return specified, for each particular ach particular substrote condition. Gypsum Drywall Systerrms PART 2 - PRODUCTS limitt~ d lo) finished mechanical and electrical equipment, Including light fixtures, )UCTS swi hgear, distribution cabinets and conduits Provide battier coats over mcornpatibde primers or remove and I remove and reprnme as Provide and install all tied problems in using the Lusterless (Eggshell) Emulsion Finish 3 Coats. the drawings to provid. rid install all materials squired whether or not specified herein and/or shown on required Notify Architect in writing rat any anticipated problems Concealed Surfaces Unless otherwise inaled, painting is not alyuh"d ess specified coaling systems with substrrales primed by others. y others. First Coot rtteriur Latex Base Primer Coat (FS TT-P650), rigs to provide for complete Junctional assemblies. +`x} xr ..2, s' i T,y ~I -f1,,,4 surfaces such as walls or ceilings it) concealed Incas and generally inaccesible SHALL INCLUDE' J`•a~ i T'ry` areas, furred areas, utility tunnels, pipe spoces, and dud shads. Reniove hardwore, hardware accessories, machined surfaces, plat surfaces, plates, lighting MANUFACTURERS SHALL INCLL finish-painted, or provide Moore MOoie's Latex Ouick-Dry Prime Seal ~r" t51 (,,fares, and similar items in place and not to be finish-paint Finished Metal Surfaces Unless otherwise indicated, metal surfaces or anodized surforvr-applied protection prior to surface preparation and pain] Lan and painting operations Andrews Unistrut unistlut Bowel aluminum, stainless steel, chromium plate, copper, bronze and Slmlar finished Remove, if necessary, for complete painting of items and odJno if, and adjacent surfaces Second and Third Coals: Interior Latex Base Point (FS TT -11-29) Microtlect Comsat Comsat materials will riot require finish painting Following cornpf0ion of pointing of each space or area, rein9toll area, reinstall removed arms Moore: Moore's Regal Aquavelve_1 MATERIALS INCLl1DE JD6 : r' N a or surface treatments Remove y r. Operating Port~r Unless otherwise indicated, moving parts of opeloting units, Clean surfaces to he pointed befure applying pain] or surface in mechanical and ele_etneul parts, eurh as valve and dumper operators, Imkages, oil and gre,ise prior to mechanical cleaning Program cleonmg rain cleaning and painting so tint Metal. ANTENNA CABLES. it " F+ 2'I( jY• n',.r `.•d sinkages, sensing devices, motor and fan sholts will not r,qurre finish painting car ,tam counts from cleaning praress will not fall onto wet, newly ilo wet, newly-painted surfaces Semi-Gloss Enamel Finish. 2 Coals over primer with total dry film thickness not STANDARD JACKET Ef axle{ J,',. "~Y:+,t Following categories of work are Included under other s"rtiVnc of Ihe;e spociticatrons Determine olkohndy Lind moisture ccentent of surfaces to be pair es to be painted by performing less than 2 5 mils 1 7/8" SO OHM Fo "150 OHM Foam Coaxial cable, Andrew Cut # LDF5-50A or approved appn"prlale tnsh; If surfaces are 60rled for be, sufficiently alkali Shop Priming: Unless otherwise specified, shop prufrrnq of frnouu metal Items la blistering and hurnrny of finish print„ correct this condition befo :o-fluentlyndltirni befa Beforr e atopphccaauhsen of Prime Coot Prime coat is not required on items delivered shop primed. equal n included under various sections for fin( fatal steel, metal foh,,Cchons, ho]lvw point Do not paint over eurfuces wehere moisture content exre content CxCeads that permitted Moore Iran-Glad Retardu Rust hduhihve Paint or appropriate, primer. 2. 1-1/4 OHM /4•', 50 OHM Foam Dielectric, Coaxial cable, Andrew Cat. # LDF6-50 sl`f"+• metal work and similar items. in manufacturer's pant"d dnechnns. or approved equ approved equal Unless otherwise specified, shop priming of fabncofed ~unpon,;nts such as Ferrous Metals Clean ferrnu9 Surt*,s, whch are not golvanized or shop-fabricated or factory-built mei'hanicol and electrical equipment m an.ess^ones gi,,i.;e dirt, Ioo;e mill -,-ale and 01o,-r fonergn suhstances by solvent olvanized or shop-coated, of oil, Filst and Second Cout Alkyd Semi-Gloss Enarnel (FS TT-P-506). 3. 50 OHM )i-c v f, /8", 50 OHM Foam Dielectric Coaxial cable, Andrew Cot. # LDF7-50A •s by solvent or n'mec hanmcal Moore. %.ore's Satin ImperVa Enamel. is included under other sections of these spenticahons cleenluy FIRE-RETARDANT RISER TYPE RISER TYPE it bare, wheere required by other Mosomy units Do not paint over any code-required labels, such as Underwriters laborntones and Factory much-up sh,,p-opphed tarns Gnats wherewe_r olamog,od ar bare, where Mutual, or any equipment identification, perfornicinc" ialln(I , noun", or uumencloture „a, tronb of these spa- Ihcoli n Clean and lunch-up with same type i sum, type, shop primer 1 7/8 50 OHM F Semen -Gloss Alkyd Enarnel Finnish: S coats with total dry him thickness not less 50 OHM Foam Dielectric Coaxal ruble, Andrew Cat. LDF5RN-50A or approved p ual g y1@., , plates /4", 5D 01-IM Foam Dielectric Coaxial cable, Andrew Cal. # LDF6RN-50 or approved equal" Golvuni~ed SLirruce3 ,.lean Lne of rid andt $urfote contournunt, with immuntz with non--petroleum than 25 toils 2- 1-1/4", 50 01-IM QUALITY ASSURANCE. ba.ed solvent First (bct Interior Late, Bose Primer Coot 3- 1-S/8 SO OHM 8", 50 OHM Foam Dielectric Coaxial cable, Andrew Cat LDF7RN-50A or approved e qua '1^ , J, uSn: Single Source Responsibility Provide prime), Und ether undJCOaf paint produced by MATERIAL`, PHEPARATON (FS-Tf-P- 650) Benjamin Moore - Latex QUKk Dry Prime Seal NOTE CABLE`_; SHALT BE _FS SHALL DE FURNISHED WITHOUT SPLICES AND WITH same nommf act Lire, os finish Gouts. Use only tbrnner, approved by point manufuc-i anA VNECTORS Al BOTH ENDS 'taw use only within recommended limits. Mix an.] prepare parutunl rrlulmiols in nccu drf ~ with rnonufacturer of mnufacturer directions Sarond & Third Coat Odorless Interior Semi-Gloss CONNECTORS Al Alkyd Enamel (FS-1FT-E-509) FrIAM JUMPERS it in a clean condition, true of Benjamin Moore - Satin Imperva Enamel Coordination of Worf_ Review other sections of thoxe spec it cnlions In which prime Mrintnrn .ctnt,mi-rs uL-ed in mixing and aplplicohun at paint in a clear paints ore to be provided la ensure compatibility of total raabngs svsfern for various I11reign motanNS and ir91lua SECTION 10001 - SPECIALTIES Unless otherwise specie herwise specified, a 1ir2" foam dielectric, 50 OHM jumper of less than 3 feet shall rs'ta t": substrates. Upon request From other trades, furnish inf, rmnhon or 6hoia, l eristres at finish be installed from the Pd from the end of the antenna cable connector to the antenna's connection aek. materials provided for use, to ensure cam pnllUln prime Gnats or" used 4tii mrlferial, hefnrc upphcalrnrt to proJu, c° u aii.]ar" of unitonn den regulred during applirotrun flu not stir swrfare film into malifniol. SUBMITTALS. necessary, ,tram rnntennl beron" using unitnlln densmly. Ond stir is DESCRIPTION OF WORK Foam jumpers shall bf nmtrr wl. R.-moves firm and, if 201123 cable and she rapers shall be. made from Andrew cable type LUF and shall be Andrews type able and shall be factory supplied with connectors at each end to mate with the Work under theta section mcludes the provision and installation of the waveguide (hatch antenna connacloi and fonnaclor and antenna cable connector f 1J filatP-;) and coordination of the waveymdes with the antenna contractor. Product Data. Submit mnnufucturer's lechniael Informnlion m,.ludrng paint What analYScr APPI_Ir.ATION' CONNECTORS, BANGERS AND (ANGERS AND ACCESSORIES! 9 h and application In,Irucboins far each rnntennl proposed for use, Gen"r A Apply punt III a~.cunlanc~ with manufarl Lirer's directions. 11 The enntrarhir shall provide all required labour and materials, whether or not shown on dlleC tlaa5. Use app 1, aO OtS cold drawings or specified herein, as required to provide a complete functional assembly CABLE CONNECTORS ORS lerhnigi.r c•. bast Snited for sub,hafe end lyype of inalenal heinq opphe 1 hainq applied DELIVERY AND STi1RAG E' Paint ~olur;, Shall be as s,lcted by the (BANM) Pnye,.t kngir Pr nte.t I:ngvuwer Coordinate the work with other eontrarh,,s to ensure a complete urrt satisfactory nstolled at Antenna of , end of cable Installed at Shelter end of cable. S'frfu'fi'r at Antenna v , fur eu,h type, color, potirm and size ire;fulled installation de -Andrew LSPDM 7/8" Coble -Andrew L5PDF Deaver materials to ijob s site in original, new and unopened pncl.mgrs and nimbus ere bearing manufacturer's name unit label, and following Information, hovide (Ink or nqq shell lira she on walls and r, alllnys and senImmes, Inns, elm , my5 and semi-qlo-s on dtor s, 7/8" Cable - Andrew RFIATFD WORK SPFCIFIED ELSLWHERE I-1/4° Cable Andr+ 'able Andrew L6PDM 1-1/4" Cable - Andrew L6PDF v F I- Andr( ::able - Andrew L7PDM 1-5/8" Cable - Andrew L7PDF Name or title of material Pi,vrde linish cools which are nnup,ahblc with prime points nee ne points used Spatially -5/8" Cable terns provided and installed by the unh,nna contractor loom jumpers, Fed Spec. number, If opplicoh]e uthar ronddmonc show Ihr ou h canncctors, amstnil, COBIa hangrts, clu'nps, 9mnundmnq His, etc .See Section 10110 - CABLE HANGERS g Antenna Cohles and Accessories Manufacturer's stock number and Join A rnnnufxturer. Apply itdddionnl coots when undercoats, stains or other ronddra Manufacturer's nom, fine] or point, unll point firm is of urnf,.rro linish, ~:olor a uush, milky and uppearun~e Grvr maximum 4 feet spacing, made of stainless steel Contents by volume, for motor pigment and vehrcli• conshluenls speoral atLenhuii to insure that sur(rnc.es, including "dyes, carne edges, rornems, or evinces. welds, ,UBMIlIAL4 Install of maxmmurn 4 irstru Throning tion inrhuns_ and e'I`osrd foilane,, rererv, a dry, film Ihrrioress "quivnlent I- ?quivnlent IV that ,I flat Unmsh'ut or Wndorf, go jr Wndorf, galvanized us detailed ° •L' a Color ns sartaces. Color n nome sam and d n nuumber. Suhmnd calnloq wts, brorhu res, etc to demonstrate that the materials employed in this project are as ;p,,Jhecj or are equal to the (BAN M) standards. Paint surfaces behind m„vuble cyulpnnent and furniture some u iiW re some as snnilur exposed p 1M1r ~ Store materials not In actual use in Cby covered containers Maintain containers used r° surfaces Point surfaces behind per in nonenlly-fixed equipment. , I equipment. iii furnitatt, wlm CABLE GRIP storage of paint in a clean 'audition, free: of foreign materials and iesidr.re. Prime cool only before final mslallotition of equipment ent JOB CONUIHONS Install where cables h The CanlrnctOm shall aslurae mespensmbihty for all sxislmq candihnns Attem award of foot Intervals: are cables hang vertical and cannot be supported by cable hangers, Install at 100 4 tnt " ' 'iff vats: ~r 5 y* Protect from freezing where necessary Keep storage area neat and orderly. Paint back sties of occee; pond,, and remavnbie or hinge-d C Remove oily rags and waste daily Take all precautions to ensure that workmen exposed Soria'es or hinge-d r.avrrs ti match contract, there will be no cortsideraHon of claims J, r ay Jle - Andrew 192560 x~uaM and work areas are adequately protected from fire hazards and health hazards 1ye~ same uv adem mar fay as, unless PARI c - PRODUGIB 7/8" Cable - Andrew 1 -1/4" Cabte - Andc Cable - Andrew 29951 - tS resulting from handling, mixing and application of points Finish Interior doors ou lops, bottoms and sd, tdge, same nY nth"rwr], rocketed Provide and install all materials regwmed whether or not specified herein and/or shown our 1-5/9' Cable - Andr Cable - Andrew 24312A t' orNVh - nnt the drawings to provide a complete functional installation GROUNDING IQTS JOB CONDITIONS Sand lightly between each su.Ceedinq enamel rn vorninh cant Apply wuter-base paints only when temperature of surface,, to be pointed and sunoundiny Omit fast c~~at (pnrnei) an metal swrlnces which have been sh have been sh,,p prmtrd and MANUf ACTURERS SHALL INCLUDE, Install ct a minimum bottom at the vertical a minimum at the antenna location, before entry into building and/or at the - ,t the vertical drop and at the inside of the radio room, and all other locations as air l,mperatmes ore between 50 dogrees F (10 deg,"es ( ) nerd 90 degreec t. (32 dear"cs touch-up painted, unless uthrrwr.e iuldrwted. Mmcraflara shown on the plans I the plans A Yield Installed double hole lug shall be crimped onto, the C), unless otherwise permitted by paint Imannfarf Llier's printed instruchons. '-;cliedul-riq ]'ondinq Apply foot-<.nurf rnulenol to surfaces Ihot surfaces that have been cleaned, untermmnated end, 3ted end, Apply solvent-(horned paints only when lympei utwe of sw (ro..'s to be n,~ad ed ,lid tq"heated o, othwiwise prep,n"d fnr pointing os soon a, tract Jolla as prach, ul+Ie oftem Preparation and MATERIALS INCLUDE 7/8" Cable -Andrew o- k f; >le - Andrew 241088-7 surrounding air temperoWres are between 45 dogn.ae F d,•groes, raril g', degrees F befo,~ sub,eyueur -:mih-, dareno. nhon WAVFCIJIDE ENFH( (HATCH PLATES) 11-114" Coble - Andr Cable - Andrew 241088-8 _ Ri•' sr"'wHjr (35 degrees C), unless otherwise permitted by paint mnnulaclurer'a prinGarl instruchons { ?R Allow curly "rot hie l too en sue essve caai to porn ihngs to li,nmil IJOpem drying Ito not -5/8" Coble - Andr fn~iyEi Cable - Andrew 241088-9 Ii. . „ion nn the nvrtrnrt drawngs and its snecIhed herein. m,. F..o .a,.... ..,.r id i..nm cit. m.,, P--r,, n wnvr inon- antnaa is ~h Do not apply punt n sr w, rain, ro•) o rr : , u w . = - ^.Y u . _ _ 11 _ - PART 3, EXECUIIUN ION to dump or wet surtocer., unless otherwise pnrmdted by point nnan,dnr.lui ar'c primed under nnvderula thumb vP,,suln and npplicotion of o„otl i~eron utf siiotI .,r nil ,I paint flocs a'A W rvequid .ntry =.holl he A aluminum pointed inocl ivory gray or as shown on the contract instructions coupe Idling or los of odhes,an of the ui,deicom Jruwings, ANTENNA CABLES Painting may be ontinued dn„ng nrlr,nent weofhcr if areas and surfoc," to ba Minimum Coutinq Ihicknesr Apply unatenols- at nor less than ut less than manufoclun_r's cable lengths shall be field measured and installer shall notify (B.A.N.M) painted are enclosed and heated within lemperatrre Ihm,ts specified by pn,nt 1e,wnmendrd spreading robe. to esltabl,sh U told dry film th,r'l dry film thwkm ss u9 indicated or, it not Easlen waveguide enlnea with # 14 sininleso steel screws, washers and plastic anchors for Antenna cable lengths el c. shown on the c,mtract drowings. pilot to the purchase the purchase of the cable to confirm the overall length and type of cable earnu(astorer daring opphcohon and drying periods uld,cated, a5 recommand,,J by c,ahnq monufnaturer planned to be used. to he used. sh PART 2 - PRODUCTS Pr,rne Coot, Apply prim= •ual of mnlenel which is reyuued which hus not h. en p„rnr rooted by others is required to be pointed or Irnrshnf, and Provide watertight sent caps at each unused entry opening Cables shall be locale, hall be labeled with permanent markers brass tags stamped with antenna i- vcNr. Provide waveguide boot assembly of each used opening Boot assembly aholl include orientation and numb. n and number and attached to cables with stainless steel tie wires, Tags shall be ACCEP fA81_f_ MANUFACTURERS R• Criol primp-J nrol s •,dCJ urf ryas whe,? there is evidence of ev0.denc, of suction sport; or un9ealdd _ushion locker, r.ushron and stainless steel clamps, boot molenal shat! he unaffected by provided at at. '~u r Manufacturer 3uhled to compllnnr_e with reguiren,anl p, uvide p,~odu~l .f Mme,( the oreas in hr.l coin, to ar)we u hn,sh real with no hum- -thin, w hum-thrnnglh nr other defectD duH to ozone, sunlight, agina, or extremes of heat and cold. Boot and cushion material shall a e ~ ~a following ,nsuth(.,ent ;eokny conform to the requirements of A"-IM-D2000-70b and ASE J200 Antenna location Al 50 fool inter tenno locations ->+s,;~'(;,1br 50 fool intervals _Y'pr Completely ewer to prc'idc an SOa of boot ossenrbly shall conform to the size of the waveguide opening and diameter of Before entry Iint. fore entry into the radio room Wall, Trim and Miscellaneous f9gmrnted lOpngi„) Fmit.ha, (Iwo ,,it nun,mom) Completely opogne, snioolh i,,rfn,_e of an,rAm finish, olor, nppeonsnca or appeansm'a and eov~+mqe Ckuntineo,, anlenna cobles At the tern inotir the termination before the AIF I. :Y ropiness or other surfac,; n;perfectrons la Momo bre erf uu,l Cu {Moor r) `ll,olhny, h5hday„ laps, hru.,h murk, runs, sage, ropiness or ra_ will nr,t he ncreplohle Pratt Boenjam t & in PART 3, [XErUfION. All cable connections shall include the rollOr connections outside shall be, covered with a weatherproof splicing kit. The kit ' ode the following. Sherwm-Wdhnms Cimrpleted Wool, Rem~'ror, retinish nr repaint worA ooh ,n rom k not in complionr,- with sperrnf-d Instoll woveguides is detailed on drawings. Coordinate sizes of boot assembly with r ~rgt. . MATERIALS req„i r en) eats wavegude operungs and antenna cable diameters in concert with antenna contractor. I Layer of hictl Layer at hiction tape over the connector Xih .J 2 Layers of But SECTION 10110 - ANTENNA CABLES AND ACCESSORIES 3 Layers of all Layers of Butyl rubber tape completely over the friction tape and 1/2" beyond it Layers of otl weather plastic tape over the rubber tape and extending 1/2' .Y v Material Quality Piov,d,> best guchly yrade of venous types rt oohny.; a; egula)ly CLAN IIP AND PP1JTF1,TI1)N and it "f"h7, Y monufactured by occeptuble paint motenols rnanufi]turers Mnt, riaP: oat Ir,pb,y,ny r site dr,;,.arded point anutanala, rubbish, DESCRIPTION Or WORK beyond it Coat the entire at the entire area with 2 coats of 3M Scotch Kate 4 4 manufoctuier''s denhhcafron as a nlnndard, best-grade prndn,L will not be .ir..eptahk3 Icon-Up Durmq p,ogrbso of work, remove horn site d,).-ord gun" and ,oq,~ It end of each wolik clay. Work under this section includes the coardinoeon of antenna cable sizes find lengths with num bending radius for antenna cables shall be as shown below: indlo- Pigmanls Pure, non-fading, applicable types (n suit ~ubsh ah•s and ervrce (BA.N.M), installation of all antennas, (provided by B A I installation rat all The minimum bending indicated Upnn oo,nplr lion ui pnlnhny work, ~_lom) window glass and utht Rem,ve speller-d paint by proper rmethods of waah,ng and tin (loss and other porn[ spattered 5nrfnces, antenna cable (provided by BA.N M) and the purchase and installation at string and ticraprng, uerng care not tU all onlr-nna cable aa[.es5ories including but not limited to Superflex loam jumpers, connectors, CABLE SIZE ZE IN AIR OR CABLE TRAY IN CONDUIT Lend content ks in pigment, if any, is hooted lu ronflnn nod own than the lacy of sp?dch Oi rthv,wise dnri,age hn,sh.,,d suifucas unistrut cable hungers, cable clamps, grounding kits, etc 1/8 INCH 1 10 INCH 18 INCH New 1'ot k's allowahle limit as per lead metal ha,rd ,,I the iul al Ion •rolalile I-1/4 INCH 'Di 15 INCH 22 INCH u JCH 20 INCH 28 INCH (dry--film) of paint by weight P,ateCtcn Protef-l work of other ttrude o, whether to be ponlf to be paroled or not, egainst damoge by Fri antenna contractor shall provide all required labor and materials, whether or not 1-5/8 INCH by cleaning, repairing ar replnerng, and nhawn an drawings or specified herein, us required to provide a complete functional 1/2 INCH FOAM JUMPI i FOAM JUMPER 5 INCH N/A - t , p',inting and hnrslmrg wart. Carrel It ony domn0e by cleoning, assembly. revoili organic quiunds (VO(I). All pnu,t products ~holl rnlnply with ,epalnhng, as a,.raptnble to Alchdecct prevailing focal rerenlents. Cables shall be install, hall be installed with a minimum number of bends where possible. Cables shall F'mvido ''Not Paint" signs as required to protect newly l, oted newly -painted trnishes Remove Coordinate the work with other contractors to ensure a complete and satislactory not be left untermmo others for pratet-I ref their work, installation. eft untermnoted and shall be sealed immediately after being installed. PART 3 - EXECUTION tempolnry prulechve Hrapp,ngls provided by others for I. after cumpl0i,n of poinhny mpe,ul,ens Foom jumpers from If rapers from the AIF to the antenna cables shall be provided by (B.A N,M). RELATED WORK SPECIFIED ELSEWHERE, .454 h}', INSPECTION, ' At <,[npIClian of worlr of other trodes, touch-up and re .trop and reston, all damaged or orizonlal antenna cable runs in cable troy or at 4 foot on-center. and ri,tof must examine areas and con ]iliac aides whi h fo wnl, m' L :11-plied d_fa, ed pamnt2d sorfn~,s ^ Items of General Construction, waveguide entry (hatch plates), etc.. See Section 10001 - Secure horizontal ante SPECIAL TIES. and nahfy Contractor in writing of canddron ielnmental to p proroppeer ind timely tnlplefron GROUNDING KITS: of work Do not proceed with work until un7,atldacfr,V , i,ditlon, hive bi n netted w E%TEItlOR PAINT Si~HEIJl1LE (When, appLcalhle) is manner acceptable to Applicator Masonr_y, Match e„sling nmplnymg, n pnme coat and two [2~ ,f~ and two [21 harsh crnd; SUBMITTALS After the mstallo4on Submit catalog cuts, brochures, etc...to demonstrate that the materials employed in this seated and made wen In Stallotlan of the ground straps to the antenna cables, the connections shall be r^ r * ' nd made weather light per above.' J v,. Starting of painting work will be construed as Appl,~nror's acceptance of auilaces NPI in ar adjacent project are as specified or ore equal to the (BAI stondarcds. conditions within nny particular area Metal: Same o,, Inlenor, Color ro match eRShnq or odfnrer All ground pigtails she d pigtails shall be brought in the downward direction from the connection to the .p Do nut point over dirt, rust, scale, grease, mo,edu,e, scuffed sulfn.,, conditions antenna cables, withor the ground system, cables, without any sharp bends (10" min. radius) and connection shall be made to nd system, otherwise detrimental to formation of a durable point film r nn + w. a Seal tR0 AR,-11 ~"+a, Date: Scale: Drawing ft Proje'I lo~ntuin Drawing Description n. ragyZT~~r 8-20-96 AS NOTED R Drawn By Checked By: r d ra~a ® Bell Atlantic N Itic NYNE:-: Mobile SAS TRT f 9-20-96 ISSUED FOR FILINGT WILLIAM TE INSTALLAPON SPECIFICATIONS " * V h S ~Y/ i6i i tiv in r NZ Projed No: 96-723 . YYY NNiCC9 N ~n p ~A II~~~ ~aQo~o MOf3ll_E CELL SITE INSTALL ENT Pl. SEARCH AREA CONSULTANTS ENGINWERING - IECHNICAL Si F,RVICES - CONSTRUCTION MANAGEMENT N MANAGEMENT ~F'f oiaaea i~ 86-1275 rrY,,~}e}rrf wp'i 9-6-96 ISSUED FOR BANM )D0% REVIEW MAIN ROAD (ORIENT PI. S - r._, F-i -T- EE- r_- - _Z;: SOUT-HOLD, NEW YORK YORK SUITE M • 3555 VETERANS MEMORIAL HIGHWAY RONKONKOMA N.Y. 11779 NKOMA N,Y. 11779 l N owner Project No: '9Neet Of r v S''VeF 8-22--96 ISSUED FOR BANM 60% REVIEW (516)) 981-3990 FAX (516) 981-3971 6) 981 -3971 3 Un act a k.i y~i p 1212 Un 11+ nnvr. mx,ar, wr. ant . VIAQ (516) 61 . MIA are) sin-u,w n y~~ tp~tr f;ia ~.4: Revision Date Oescnptim) s. 1 ~M.r" d, ' I v : I ah ~,v ~'r A Q,,q :M sl vNf~~~j~ Y: a Y5 , n.e 4 fJjy~iL TELCO. SERVICE ELEC SERVICE LNIIWJCE FINIRANCE . p lA 4~~~di Yr UTILITY NOTES: ITP r4~ ~y1 ~ If r~Yd("1 tr~~ II I TELEPHONE CABLE NO ENTER BUILDING AS SHOWN AND SHOWN AND fERMINAIE At FFLCO HOARD 2 ELECTRICAL SERVICE CONIDUIT TO IERMINATE IN SERVICE ATE IN SERVICE IN. I(,I_~' ~ -qr 10)<8 GIFICIIII BREAKER i ol4 EAY~QI ih a`- sy,, W eMM RADIO rV HOC 'SEN. 3 PROVIDE 4' O" X X 3 4" 1HICK FIRE RETARDANT I ROOM TFLEPIIONC ROARII. FINLSH WITH (1) PRIMER COAT AND =1RE RETARDANT PLYWOOD (S 37 f0' 50' W) MER COAT AND (2) FINISHED ) I M1 ~N1~,L COAFS OF WHITE PAINT VERIFY LOCATION OF lC1.~11, H III NY'NFX PNIOR 10 IN'.,IALILATION I OF TCI.EO. HOARD WITH I IPI ~ ~ry I 1~ ~ 111, I 1V B! Iallli I ORIAI 4.Y I'I rk0TI[!T1['2 ) I ul r, I I NCW UNDERGROUND CLECTRICPL~ CRVIAM SEE ELECTRICAL RISCR RICPL 1 'I F:IJ Ck.Y II k'fv, / DIAGRAM. RISER UTILITY (CONTACTS: I I I i 1, LILCq- HOB DEIANEI', 548-7043 UkO4 b1F I,'i 1, iz, r 0 TE.LEPHO ti fE.LEPHONE SERVICE ENTRANCE. e Yr 2 NYNEX- r ~ SCE Unt SEE UTILITY ENTRANCE DETAIL. (S 37 IO' -50'E) 16500 FENCE- - I-- / EXISTING UTILITY NEW ROADWAY P t A t F~~ LNORTH POLE NO. 1119 T RROpoSm PRE-uPr, /Vill % - T T --MOT - I; r- EOPT SHEL,ER "=yp NO SCAE GROUNDING KEY NOTES: _ A10NOPOIE TAX LOT LOT_ 5 ti ~ PROVIDE LUNG RADIUS SWEEP AT, EEEENTRANCEGTRICAL SE SE + HASE Of POIF AND STUP-UP ENTRANCE DEL ~EEECTRICAL SERVICE ENTRANCE SEE ufauY VACANT° ENTRANCE DETAIL ,.Mrs MIDI 12` AaOVE GRADE I:' -•i_lil, (~f( (TFI LPHONE) r+I Y _ NEW UNDERGROUND fELEPHONI' PIfUMOC 4" EMPTY PVC GOfi WITH (2) DRAG UNE4 CONDO 1 INSTALL MIN 10° HELOW GRADE ~ Y IY h I OTES: i~~', ih `if 4Y~•.u. 1 I) 1,~0 B' lN0 TO MIINOPOI L, CONNI 11101101 L, CONIVt CT AT APPROVE U 10,A110N ONIY. ) / I r~ (rYPHT,AL [OR Iwo) 1 1 lY~iht~ l 11) PROVIDE (`I IPPER GROUND HAP (01 ;ETUND HAP (ONNFFT );ING 2 III)LI 11-1, W/ CRIMP e ON, COWNECTUR 10 EXTFMOR OF HATCF r,j (R) (6 Ill) MOR OF HATCHPLAIF WITH 11210 AW9 AND j I F1,17 til, ll!'' 4yx . Gy}y4 (I) (Tl ~ EAICRIUR KRJG BITS WIIH ~2/U AWi WIIH ~2/0 AWL, l r_ Y ~~I (3) #2111) AWCI SERVICE GROUND FROM M AIPII SCIiVICC SWITCH IN FENCE } A/_C A/C- (4) BOND EC UNIT 10 EXIFRIOR RINC (,ROUND FROM UNDERGROUND (4,101)(1 SYSIFM 10 M3740', j 1 IN HHIIDIN(;. I" Nil ENIFRIOR PINC #2/0 AWG CAHLL W/ DouDIL Luc COMPRI_I; 11UN I_UG Al ONE ('VCRIFY I IINH ('VLPIFY HVAI, LOCATION) 5/ 1_ I (_i 1--;- (5) PROWIDI PROTk CIION WITH PVC ';LL WITH PVC ;LLFVE (711 DCIAII) PRE-{AR Ldll IdUd aeourln (Gl FL OMNI OIRECTIONAI UONDARY AI ;EI ONDARY BOND [)I [All, CAPT. ~ l,1~ enR BUILDING _ 1.7) CXTEIRIOR BURIFD RING BUS #210 - ) ,1 _Y HUfiIIIEU .SO" HLIUW ruP ()F FARM C FLY, #210 PAR[ 7 ';IRANDT-D COPPEk WIRF TOP Ot EAR1H l IIORIP_UNIAL ~f2~0 BARE 7 STF'ANL1 (71 ill' AAI~1 RCI ~1W fllG (14 1 APT" ARC 7 STRANOLD COUNFCRPOISE GROUND WIRE AT I If 1 ALIT" ~T Its) ~ I/' MINIMi~AI INDI~i'. 11. 11-1 1 OYPUAI IIIR #I HIM) 1 (10 I'RUWIUF 1'UI-1111 RtK, FAR BOND II S HAR BOND 10 INIL'RIOR HATCHPLAIE WITH AWC - AND UMNI-DIRl,110NAL WITH #210 IAL WITH pa/D AWG WIRE. IPDI RIUI< - / . cRDUND 'OR p F - - (1(1) PNU BUSS ARS BY P14L MFG By O EL MFG UTILITY SITE PL IWI,HPIATF FE PLAN (RD (11) #2/0 AVVG r,ROUNO WIRF IROM Mot i Al '"AitiU@o_ I'l Dolt. BAGIS L11WN TO ROUND ROD AT E) WIRE IROM MONOPOLE GROUND RING/RI-10 TO YARDARM AND -INU ROD Al IX1CIlIOR OF IIATCHPLATC WHIRL CAHLL GCALG 1" - 50' -0" J1,I. (i)-, , 151 - (nronu JRADE, HUN WIPI IN PVC LONDI1IT ATTACHLD TO YARDARM NORTH sTFP CAHIL I'. LR(PU',FFi AB11Vl GkADF, RUN WII nu.l SUPF'URI IE6. _ (7) ti4r ARVNF (L.~ At ,NW[. GROUND WIRC FROM IOWD~ - Ex {E FROM 10WLR ANGLE ADAPTOR DONDEU 10 YAGAPM ~r WIN ~ At Il'~uTH I Nun nNO uDNDLU to Ex HONDLD IO LxILRIUR GROUND BAR , r v'- - I lh e,d. mcl GROUNDING GENERAL NOTES: AL NOTES: - - { vn - I CUNI RAC'TOk ;HALL VFRIII' LOCATION U I)' LOCATION UE UND[RGROOND 11TIIITIF1 PRI()R 10 DRIVING 1,R(IOND Roos (;Er QITF %MS ('SET "ITE PLAN) - Alt BUR61D WIRE To [IF #210 HARE 7 b?/D BAR[ 7 SIRANDLD COPPER WIRE BURIED _ fLn(7 PtYJ 30" BEI.IOW EARTH ;URFAUE ACE , err w.s, IIYM(W) 4 'f.x GROUNDING SYMBOLS: 1LS: 3/4" X 20' COPPERWELU 1IROUND f v[LD .ROUND ROD. IOP IOF Rol) 30" BFLOW IUP OF F1 .OW IUP OF EARTH BONDS TO BE CADWELD. ~1M CRIMP WITH 'L-HOLE U105 " .a Rt?B p~~~~~ p BDND7 AI.I. EXTERIOR RONDS TO BE (G FS((_~~[I ~~I1 C~~It I~~(~=) ~rl~~-_~~~~~,~I INfEWIOR RONDS ARE CRIMP WITH '2 K'2i SCAIC I/a' - 1NORTH O'fl t"re,A r L1 Ty Project Iacahhon' Dmwiny Gescnptian' Teal pole' Scale: ,kt of NEW 'Drawing Nba., 08-22-96 A$ NOTED ytiP ~W fl. so if v, 1 r ZP <q * Drown By. GhdoAd Bl':' i ,~r~ ',t M.~'q+ • - - - - W'q/ N(~ry/,Ap~ upy ~~yryp~1 /m^r'I ~,~I Bell Atlant htlantic NYNEX Mobile UTILITY SITE PLAN, GROUNDING - 9-20-96 ISSUED FOR RI_ING rgp~y~ 9--6-96 ISSUED FOR OANM 100% REVIEW MOBILE CELL SITE CALL SITE INSTALLATION PLAN AND DETAILS CONSULTANTS INC. n < a.~{,~,r^ O W JAL ARSwlY'" 3V" S' INC. _ Ze aJac, no; 9 s ~ , m 1,496-723 ¢ Inn MAIN RD. ENGINEERING - TECHNICAL SERVICES - fpNSTRUGTION M - CONSTRUCTION MANAGEMENT 4- i - N 96-1275 11GNWAY RONKONKOAIA WY, 11779 ~p A'o 9 ' ilk a-22-96 ISSUED FOR HARM 607 REVIEW c- 1-' z - 24850 MAIN RD. ORIENT PT, NEW 12 @ I[a1501M Wlp WWI, KY. 11733, VaILL wN 4839150 . MIA 6161 W 459 PT, NEW YORK SUITE M • 3555 VEIERAN5 MEMORIAL HIGHWAY RONKONKO Owner Project No $hlet ;;Df ik Revision Date Description (516) 981-3990 FAX (516) FAX (516) 981-3971 9p Tyq^ 'K%NX _ -1 IT Ym"M1'1, I r I nl . y } 4µU ~t CS 'rxl c~ V ~'hl F} a , l ' n. ,1 - GENERAL GROUNDING NM l4 NOTE: bl 3~1~ z, , u 1 CONTRACTOR SHALL VERIFY THE EXACT LOCATION AND ARRANGEMENT ANY METALLIC OBJECT PASSING OF EQUIPMENT, PANEL, PARTS, ETC, THAT MUST BE GROUNDED, AND WITHIN A FOOT OF THE HALO" INSTALL GROUND BONDS TO THE INTERIOR CABLE BUS. GROUND RING SHALL BE GROUNDED; n n v " 2. ALL GROUNDING WIRES FROM THE BURIED GROUND LOOP TO THE INTERIOR OR TO ANY OTHER EXTERIOR POINT SHALL BE INSTALLED IN PVC CONDUIT TO THE HALO RING WITH GREEN t a \ (USE LONG RADIUS) FROM 18 INCHES BELOW GRADE TO THE CONNECTION WIRE. ` POINT. r', till 7 3. ALL. EXTERIOR GROUNDING WIRE SHALL BE #2/0 AWG STRANDED COPPER WIRE.. I y~U~r 4. THE INTERIOR GROUND CABLE BUS SHALL BE b2 AWG GREEN INSULATED STRANDED COPPER WIRE LFUNO rt. ° I s Ira' „ OPPER i,MAJND MR 1/4' x a" A N[WION 5 UNIT BOND WIRE TO THE INTERIOR CABLE BUS SHALL BE #6 AWG GREEN INSiFUMCNT rO CAT #R 614? l \ INSULATED STRANDED COPPER WIRE, UNLESS OTHERWISE NOTED p- Vj, (71 ni0psuei_Nrwn1N INSTRNMFNI Lo C_ 6. CONTRACTOR SHALL MEASURE THE RESISTANCE OF THE GROUND GRID Ll AFTER ALL EXTERIOR CONNECTIONS ARE COMPLETED AND INFORM THE ENGINEER, IN WRITING , OF THE THE GROUND RESISTANCE VALUE FIELD WIRING (1) nee" LlX.NWA!,nn;ti. NEVION INSTRUMFNI M - UNDERGROUND ---b ...k IAI #TU1N-a 7. GROUND RODS SHALL BE 3/4' DIAMETER AND 20 FEET LONG COPPER-WELD SERVICE I Lr f, I WAIT MOONIIII', HRATI, I, NOUN GROUND RODS SHALL BE INSTALLED SO MAT IF REQUIRED ADDITIONAL RODS CAN IN,IHIOMI NI :V CAI #A-fi1Pi6 BE COUPLED TO THE INSTALLED ROD AND THE GROUND WIRES CUT ALLOWING THE FHF ( S/H 11 X I' H H C= 3aLTS, NFWIUN ROD TO BE DRIVEN FURTHER INTO THE GROUND. INSIPUMINI 1U IN #501? -I N b 200 AMP r - TRANSITION FROM SOLID TO STRANDED WIRE MUST BE MADE WITH DOUBLE SERVICE BOND ) 1 MAIN BREVER (TANDEM) CRIMP CONNECTORS. RIFT NMCC PRACTICE 803-500-210 FIGB G J ,t. 1 1011 IWI1-HOLL LUGS WIIII SPACING OIHH+ IHNA THE PW IWIUkU L CABILT_ 1 (0) Ell-, "Apffil It' UP - - - - FIELD 4Vlh'ING t' - ~ ~ wk-tls~' IHL UINIAACIOH `H1AI3 PRIM THE OAR IN 114 F1fiIN HAD '171 HU176 :illAll NL U¢U TO ATTACH LUC, TO TM 1AUIDNU BAR NO JWF 0 MINIMUM SOLE GROUND WIRE 10 BE NO 6 AWG NO 'iCAtF - GROUNDING ELECTRODE 10 ALL GROUND WIRP, SHALL BE GREEN UNLESS BARE INSTALLED IN ACCORDANCE SURGE WITH ARTICLE 250-14 ARRESTOR ii STEEL CONDUIT TO BE GROUNDED USING BONDING BUSHING AT EACH END - - ° CONDUIT CONDUIT 2 S %3/0's, 114 4 f10's a'I,S NO •,CAi F 12 ALL GROUND WIRE FU BE COPPER 13 All GROUND CONNECTIONS TO GROUND EAR OR OTHER RAT METAL SURFACE TO BE MADE WITH DOUBLE HOLE HYDRAULICALLY INDENTED LAGS WHEN CADWELD IS !0 (TYPE THHN) (TME THHN) ''rift r " NOT REQUIRED 14. ALL PAINTED SURIACES SHALL UL SCRAPIER TO BARL METAL BEFORE GROUND IS 200 AMP ' AUTO I INL 01 (FILIM; ATTACHED, IF :SURFACE IS SUBJECT 10 ROUSTING SCOTCHI(OTE TOY 3M SHALL BE IS 40KW TRANSFER APPLIED OVER CONNECTION KOHLER , GENFAATOR u ` IS IF ALUMINUM jIJRFACES ARE 10 BE GROUNDED, AFTER CLEANING SURFACE APPLY LY 2" CONDUIT - - - - - #J. AW; CNLLN INSUTAIFI) - - OXIDATION INHIBITOR BEFORE BONDING TO) SURFACE (ME'THHN) T CONDUIT Ib NO SHARP BENDS ;I4ALL BE MADE IN ANY GROUND WIRE. MAINTAIN A MINIMUM 8" BEND RADTUti 3 J3/0'5, '1 gad (TYPE THHN) --#2 AM, LRf FN IN',I IINCII - SFRANULU WPM WMl STANDOFF (Pf RIPIRLPAL 310,) - (n1) 17 ALL HVAC GRIIIFG, RFdISTFR4, PIPING, DIUILDING STEEL, AND DUCTWORK SHALL 200 AMP BE GROUNDED, Ab SHOWN Cu~ MAIN BREAKER PANELBOARO " a p PLNIPIILRIAI NUS UN IIV~c L~L~ E MAC RAM (IYPI6AL) . r. IXIS?N(. NYNFX IJTILV mlL[ Pbt NO SCALE r'' , "t'IJ TANDOFF fl PROVIDE CABIE SLACK C- PHL-M1G - AWG PARE PER LILCO STANDARDS \ HLDC, ~ hy~r , JJPPI R WIRI IINDIUS OEND 1' - O'(NOMINAI)f v'"h\1 "fry I,ADIp'; DEhO (I' g'(AIINIbIUMJ A/C UNIT - ORIMP IPANDW 10 IV, SIRAND[II E I -CV[ PROVN scl it VIP BO PVC OANN Eon _ 1 GENERATOR aAoc, BAN 5'- ID 0" ACV[ CRANE. d rr ,l EXTERIOR 200A 1 PHASE DODDI I ITIMP S-WIRE MEIER PAN TROUGH VRANDI D 11) '.ljI ID -EXTERIOR 100A, 1 PHASE -T f 3-WIRE ETER PAN OOA, 1 PHASE , rtS HER PAN.9 )1L "A 1 (NO MET R- FUTURE) -FUTURE) 4I AN Dl4I l #2/0 AWi: JPANDEII PROPERTY 1(?] L.TI _ I~i far t^ To [ ON RION RING ou; LINE MIN ST- BELOW J r MIN. - - f,RALE -INIFN IIi IION 01' WAI I RwE ' I' rm: Irevl ~ FOUNDATION ON I J t1N ',11 ',IUFI III DETAIL i 9 JI i K: ~fl}v# III ' --SERVICE ENTRANCE INTO HLDG Y ~ I F'ROPEfttt UNE BOX . iI~ ry ~Yr ,l , "'fl, a. % IIL r"ll1 41-D 1 L Ir11(0) A Ffi ~"NDAr~Y PQ)\ D D`A h Tt v~I:~i~L+!`"Y NO SCALE fMi NO ;(:ALC ' d f -t1T S~ r ' jiY^^ Prplnd lomhaon: Drawing De,c6pfion Seal F NEW Date: .Scale; Orarmg No v sLyr', fi 0~ YD 08-22-95 AS NOTED' 9-20-96 ISSUED FOR FILING_-__ VV~~~~IIODUO tl o\%V~~~~h/~ouYllo 19 Bell Atiantil Wantic NMEX~ Mobile ELECTRICAL DETAILS AND 5~P F-w A So p 9fi a W ~Q. <p Drawn @j: Checked fiy: a r'' s yy1;' d 2 ¢ JAL AR9 1+1!` t t,.P ^ Q Off'F i O W a :`S H~`~? 9-6-96 ISSUED FOR BANM 100% REVIEW I MOBILE CELL SJrE 'FLL SITE INSTALLATION CONSULTANTS INC. m k Pralecl No: 96-723 8-22-96 ISSUED FOR QANM 60`7. REVIEW F? F---i -.E -I-- C' T ~ 24850 MAIN RD 'AIN RD RISER DIAGRAM ENGINEERING - TECHNICAL SERVICES - CONSTRUCRON MM CONSTRUCTION MANAGEMENT ro 96-1275 a(x- 1l f A' : Fb~,yi'. ORIENT Ie-I2aennwruanCSVlxxxs.arum+.nax.vs,r~roerw.arnl]IWwn-b» PT, NEW Y( - 'T, NEW YORK SUITE M w 3555 VETERANS MEMORIAL HIGHWAY RONHONKOW IHWAY RONKONKOMA N.Y. 11779 F A, E'xs Op Rewsiun Dale 1),imption (516) 981-3990 FAX (516) 9 FAX (516) 981 -3971 Owner Pralect,Na: "ShAeC '.G q 7 aL ~xu r , 0.Y tR ry tt~~~1 WGGER EXTERIOR BLDG. WALL l PREFAB EQUIPMENT BLDG. r t ~ y INSTRUMENT 2'-0° MIN o- f IN T INTERIOR GROUND CABLE BUS rT A o (J INSULATED INTERIOR CABLE BUS (#2 AWG GREEN INSULATED STRANDED I PI P2 C1 AIR CONDITIONING UNIT (J IN COPPER WIRE) 8'-N O AFF SUPPORTED EVERY +MIN. BEND RADIUS' 8", DOUBLE HOLE LUG y2/0 AWG - i` I'-0" PREFERRED. (SUPPLIED AND INSTALLED BY BUILDING MANUFACTURER) - 'y°.- `Q ?w•';' r a1 a `r STRANDED COPPER RARE GROUND 3 WIRE FO A/C FRAME. \ ^ - 0 Of 0 CABLE SUPPORTS - SEE DETAILS (INSTALLED BY BUILDING MANUFACTURER.) n ~ vkA'T 16 4 a< -l U,T 3 STUB-UP FROM EXTERIOR GROUND GRID TO INTERIOR CABLE BUS AT EACH f I e ~ x `A' CORNER (BY ELEC. CONTRACTOR) ~ c, BOND WAVEGUIDE HATCH C( TO GROUND BAR (IYP FOR 2) C~ TY SEE DETAIL THIS SHEET F.C TYPICAL 16 AWG GREEN INSULATED STRANDED COPPER BOND WIRE TO ALL EQUIPMENT PANELS, METAL PARTS, STEEL DOOR FRAMES, ETC f 3/1" DIA PVC SLCURF TO WALL - (H (BY BUILDING MANUFACTURER.) j AS PER CODE O v 0 WAVEGUIDE HATCH PRIMARY BONDS 10 EXTERIOR GRID. BOND FROM f _ _ (X I EXTERIOR SURFACE OF HATCHRIATE TO EXTERIOR GROUND RING.' FINISHFO GRADE - (BY EIEC CONTRACTOR) r'~ +,"(C{t (cI) (PP) (~2) - - I1-111-111-f l-f-= III T1-1177117 Ill TH-(~I-11- -7T f f \yy f r n ___LI-,-1u_~1- II I i- I I 1-11 F-- I I I =I I -I Lllt- r f `t 'C / f DWR DOOR DOOR f r r : ~ w F, F'I ' ~;°err 41 GROUND 'WP L EXTERIOR GROUND LOOP. F ~M V l LIST ELECTROUF IE_,I ELECTRODE i_i Hjk'I~D[, SEE GROUNDING PLAN LOCATION AS DIRECTED LOCATION A', DIRECTED I )CATION -0, DIPFUEII BY THE ENOINFER HY ITT CNUNLLR Of III[ INC.INtTR I GROUND ROD , NOTE FROM I;OW:ENIRADON POINI UN GROUND- INNBFI TIPN WEIL LU OUI UP FU woo (WHFRI FFASIDIL) WAIT G2 TAKE RLADING3 AT 50' INTERVAL`., WITH PL UITWF@I C2 ANTI fONNOGFON POINI INTEPRIMUR, ~G)FRcU)~: ND C,Ar8lLCq r~llXN LCO)CATHON ]HUN [IXEI - A/(CG /~ALLLJ (OW" U„c'0>>`U[O 6 q MIL =Vl~;<„ U )I I~II~1G'' I U)IF' ;I ~ PROVIDE WA CABLE GUIDE BOOT AT EACH PORT WHERE A CABIF IS PLACED THROUGH AND ` ~ •4S A WEATHER TIGHT CAP AT EACH UNUSED IMEAS-)U1n NCB USIi 'i~<`, I~~°~~ ~(1 (_~Ir (I li3?(I )I11)~I<<~ "«)Il?~ li ~I hJIL)' w~ OPENING Tao ~rnE[ i U O (j - SIGN CABLE FEED- O O O Q CAB 'FEE d aty. I;ROUNU RuU C(ONND" S(-)NND ~~I_)Wi STEF1 ENCLOSUR[ - THROUGH OF SUFFICIENT StEEL ENCLO;U STEEL ENCLOSURE SIGNAL - LE D pb', ^vF~yr - - (BACK 01' HATCHPIATL) - SIZE TO ACCOMMODATE (FRONT OF HAH y THROUGH OF BUFEIL7ENS wLU'k13., (FRONT OF HAICHPIAiC) SIZE TO ACCOMM60AIE y SPECIFIED I F WHFN THE CON;TRHCTION PRINT :FIOWS `•EVIR ,ROUND) Vol), I4RAI MUHOUS CAN NE UTI TIIL REQUIRED FLECTRICAI PAITI 'RNH :ROWS SFVFRAL CABLES PO A SPECIFIED ANTENNA CABLES, HODS CAN OF UDLIZT-0 TO ACHRVE (FUR?NISHED AND INSTAIIFD ( (FURNIST s Ir PANT BY CONTRACTOR) CJ w (FURNISHED ANTENPN D d BY CONTRACTOR)AND - -ANAL GRADE m9- - C) 0 ~ 0 J „ LaN v 00 O . f~ _ _ f:, o L-, 1-r - - - 12 MWG RARE GROUND (2 AWG,8W GROUND WIRE TO 14YNEX BLUE, DIMEN)ION 0.5 - Y- F DMENSION AS UIMLNSION AS q y, WIRE TO. NVNEX BLBG OIRECTfU BY BANM y - _ HATCH PIATC DIRECTED BY Bi DIRECTED BY RANM HATCH, PLATO rev - - MITENNA CABLE BONUS ANTENNA, CABLE 00NUJ PROTECT THREADFD AREA FROM VAMAGF DARING AND - AFTFR INS_IALN?ON i ) ( [J-~~ 1 1 fl - [l o° a- a a a XII, SHOWN ON CONS IRULIION INIEIRIOR GROUND EXEERIOR GROUND PRINT p2/D nwc BulE srNNOEO - BAR PIATE(BY CONFRACTOR) #2/D AWI BAR„PI.^lE(BY tONTRfIG,TQR)':''•- i X210 AWG BARE STRANDED ,.UR \ / cw rn r cw rn rvrro,no connun n,ur HEI OW GROUND DaR LEVEL V Ye PROVIDE SLEs~G oe I` CONDUIT SLEEVT I tw TO I9' tr DlLuw GRADE ' gyp 5.. 12/0 AWG s FUUMP N - cPIUNO ROO DARE POPPER WIRE -J 17 • - f,R(IUNU HOU ND ROD IC U N(CA (GAF (f))Il_QG~L?) II?;(04 °;`Il ~(t;~)h;)I ~~G~IU`,) ``>>f 'LJiI(JL°,`> IIU~ITLU°~II~~I N/~ M~' /,~\`I( U ~AaC~~il(i fRIL_L o C No N1 SCALC - No sate-------------- _ II NO SI-ALL v: r ~ewu OR 'RANOH) N02 OR 2 ~ - GKFNN'INSUUSCn CONTR WIRE Nf VIER CON0 2 OR 210 HAHt OR VIER WHIM WIRE p~v NOTE: - - } ANY METALLIC OBJECT PASSING nIIIIRLE CRIMP IONNMORS FOR", J WITHIN A FOOT OF THE HALO 1Wn PLOUIRI D GROUND RING SHALL BE GROUNDED ti SOLID COPPER WIRC - ---PA`,6~IL) ARL CO NINE( WIRE TO THE HALO RING WITH GREEN f WIRE. CSC:"/~0~, . fNyl1n1r2~i ~D` CO)L D NN~ ° c 'n Seal Data Scale: Drawing Na Pmjecl lmatim Drawing Denrnptian: ,CEOF NEW), O 08-17-96 AS NOTED P fl. wi W *c6 01oQ.1, .n SO(~Z Drawn fl1: Ctualted Ny; + ~r ( 9-20- 96 ISSUED FOR FILING Bell Atlani Atlantic HMI . Mobile NEW RADIO ROOM AND WIRIAM Y o COLLINS A Uo 1AAU CELL SITE INSTALLATION CONSULTANTS INC. EQUIPMENT LAYOUT ENGINEERING - TECHNICAL SERVICES - CONSTRUCTION CS INC. n i Project NO; m 98-723 $ 9-6-96 ISSUED FOR BANM 100% REVIEW MOBILE CELL 517E 24850 MAIN RD. MAIN RD. - CONSTRUCTION MANAGEMENT 4- 98-1275 kt+ p,. v'~fl HIGHWAY RONKONKOMA N.Y. 11779 0 w Tw „ - 8-22-96 ISSUED FOR BANM 60% REVIEW ORIENT PT, NEW SUITE AI. 3555 VETERANS MEMORIAL HIGHWAY RONKONK PT, NEW YORK q~, Ownbr Proect No: % - Y-IP WCHN LV RIVE A1N 1. KY, Urn. AW 1516) M,04& ~ W AA 1516) f -0159 (516) 981-3990 FAX (576) FAX (516) 981 -3971 OF k n. Revision NaIP Ursrnplmn r,.~Jrxt 9 l4( F ~ } Y rfY~T ~ y {yI' Kid r J k~ ~ , 'ZI I IU SHOP DRAWINGS AND APPROVALS 8. Installation - DIVISION IG - ELECTRICAL K Contractor shall smbmlt vendor cuts and shop drawings, rings, 1 15 ELECTRIC SERVICE AND CHARACTERISTICS T f, sF2- of all equipment and alarms for mpprovol prior to A. The Contractor shall submit six (G) sets 'of all vendor The contractor shall install the grounding system, as SECTION 16400 - POWER AND DI;TRIBUTION WORK installation of same drawings to the Enqmeer for approval prior to A The Contractor shall provide a new underground service purchase and/or installation from the LILCO Overhead Distribution System. Indicated on the drawings and supply all equipment, as L The Contractor, together with his stub-conhocfnrs, Contractor shall make application to LILCO for necessary for a completed installation. x.:{t,~ N yrr B. Submittals shall include complete shot) drawings, list electrical service as herein specified, and shall s C. Testing 1.1 GENERAL shall hedeinRer be repaired to usi "the. Contractor". of materials and detailed data of equipment giving [tie coordinate with utility company. A. The work under this section shell be subject to all M Work under this Serhon sbull inlwde, but not be manufacturer's name, catalog numbers, size capacity, The contractor shall. make all measurements required to applicable provisions of the General Conditions, the limited to, the following dimensions and construction, etc, covering each item B Provide conduit sweeps, risers„ and cable slack in test the grounding network and submit to the engineer Supplementary and Sper.lnl ConJlhan^,, and Drvloian I which he proposes to install No equipment or accordance with LILCO rules and regulations. copies of test data. Earth resistance and continuity General Requirements. 1 Underyround alaclncul service materials shall be, installed without obtaining approved shop drawings. C. The depth of burial of the sew.ondery service shall be testing shop be conducted under the observation of 2 GaUndmg, cnbles, rods', etc not less than 30" below finished grade Provide the engineer Test shall be conducted on ground net', `Yr~ti ;fw:i' independent of external grounds, i.e., power poles, 1 2 CUNTRACI DRAWINGS 5 Equipment Identification, 4. Disconnect eWdches, C. Shop drawings shall be submitted for the following yellow warning tape one (1) (foot above all underground etc All equipment and meters shall be supplied by A the accompanying drawings or, intended to show the 5, Cable unit wiring including le:rminohons. electrical lines. dre the purposetoby the a gin ement shall be approved for qtr; general arrangement and extent of work to he 6. Coudmts 1 Wiring Device: performed. The locations tin equipment and material Supports. 2. Grounding Clamps, Rods, Cable D. The entire service entrance equipment shall be , Po.; Megger, vibroground, or equivalent for earth-resistance as shown on the dlawingS are opproximate, It shell Is, S Nnrneplutes 3 Disconnect Switches furnished and installed by the Contractor in strict accordance with latest LILCO Construction Standards testing shall be used. The instruments procedures for an?`; understood that they are sublet[ to such moddicotlon 9 Coordination of work with either contactors the fall-of-potential method or three-terminal test' 'aytp as may be found ne6assory t0 meet job conditions 10, Demolition 1 11 INSURANCE E This Contractor shall make all connections at the shall be followed. Any point on the ground Ft s.w Such change, shall hr mode by HI Conlwetor of no I I Cuthn and core drdthnq additional charge I ) Testing and inspections metering cabinet location and provide grounding as rod field shall be utilized as the earth I.f. I,uaranlees A. Contrnctor shall furnish insurance is amounts arid required electrode under test. The test setup and the `r r a distances between referenced test rods shall be as types, and for periods of time as called for in the shown on the details. The total area, which includes 3 SPRYFICA(ION SCC710N 14 Permits, fees and appnovals 19. Ineurarlep. Contract Documents, General Conditions, arid as may be f NI material, installations and electrical connections both the ground rod field under lest and the test 16 Removal of lobos A Section 111400 - Power and Oislnhution Work. 17 Clenninq required by low associated with incoming service shall be approved by the utility epresentofrve. rods, shall not contain conductive or metallic objects 16. Ex,-evuhon and bu4till, 1 12 COOPERATION AND COORDINATION OF WORK such as conduits, cable runs, or structural reinforcements and must be homogeneous with no - ''d''"t You 1 4 GENERAI DLSCRIPTION OF WANK 1(i. Undergiound telephone ,efvi<le G. Contartor shall provide separiate utility metering equipment A. Work shall be perlomerd in harmony will) all work on for electrical service to Bell Atlantic NYNEX Mobile radio discontinuities such, as deep earth fill, rock ridges, A. Ihr:, work shall Include all labor, aatennlc, protect and so schedubd as to allow speedy and huf. Contractor shall be responsible. for filling all etc. The acceptable resistance measured for each ground rod field shall not exceed 5.0 ohms LL „„h,w ogwpment and services necessary for tb,• comp[+le 1 5 WORK UNDLR )HIER SECTIONS efficient completion of project by all trades. applications and obtaining Gill permits and approvals Additional ground rods, longer rods, or chemical lnstullutwn, demolition and Ienuvahon of oll electrical and related work, Complete and Ieady In A the tollovung is a general h°,Ilnq Al arelab;d work from local utility company, treatment may be used alone or in combination as fl ` operation unit in stilcf acr;ndemc_ with Bell Adurtlc and rd d under other ContrasDNYNFA Mobile, when- applicable, the New Ydnk d;dy H. Render full cooperation to other trades and tarnish In writing, with copies to the Engineer, any information it All metering and service equipment shall be in necessary to meet the requirement necessary to permit work of all trades hr be installed occordonce wilh the requirements and regulations of k Electric Cade, lrn.ol Agency Orduranc,I and the Cenr•ral Canetrurtlon satisfactorily and with the least possible the local utility compmry. The contractor shall be responsible for testing the Contra,! Dirwimgs, Or u, ren,mloblY sperlhed hermn interference or delay grounding system for continuity to ground All equipment and meters shall be supplied and all tests or implied I F RI II ES ANTI RF6ULAlIONS made by the contractor in the presence of the'" Where work of Contractor will be nstalled in close Building voltage shall be 120/24OV, I phase, 3 wine C i engineer. Test equipment shall be approved for the w. U All work ~11e11 he perlonlWd by implied hrenbHl A All elarhicol work and amir duls shlall comply with elech o_inos ;lade and local codes This Aiolh Include, but not be proximity to walk of other trades or where there is J Conlrudor shall pay and secure all necessary fees, I be evidence that work of Contractor will interfere with permits and LILCO charges for the installation of the purpose by [he engineer. Contractor shall submit to trailed to the following pubhitahon, and codas work of other trades, he shall assist in working out new service the engineer copies of the test data. cnnditinns to nick, satisfactory adjustment. If r It shall he assumed that fill Cuntlnrtol tin-- examined 1 Moh,lool Flectrlral MunutaCtuner's Assonation Contractor installs work before coordinating with K As part of this contract, the electrical contractor Tests To Be Performed Y -+,t tile ,If, of file proposed conniruchwi and by mill Amerman Nnhonal Standards Im.hlule other trades, he nhall more chonges necessary to shall provide all labor, personnel, plant, wiring, I. Continuity from hula ground exterior grounding r3 nG this plope;ol tie shall, if, idled, dive evid5nr" of Unde,wnters Loborataries correct condition without extra charge equipment, and material reguiired to provide temporary ring his te,aurrobon q. New 'fork (,by Hectncul Cadge power for the entire area of work All work shall be r NF'A N ectric Candle B Conhaator shall report to the Engineer any S hill; [aifehpnal ',.]rely Elfely Code in accordance with applicable codes and agendes D All work shall be coordinated to prevent mterfercuce having jurisdiction No extrain shall be entertmned 2 Ground field resistivity test. Y 7 ADNFFA D ht1UA Requirements conditions which am y with (Ii othelwr:,e 6. or delay in installation of work of vinous trades or for failure to include any of the above affect or prevent the prayed aeecuhon and rnmplebun other rontractors. failure to comply with this Provide all required temporary/ utilities and pay for Three sets of test data to be recorded and submitted to the engineer of work in this section. Any costs raising uu[ of ru, B. All work shall be pertorned in cormphnnce with the requirement shall obligate Contractor to make changes all nssoaaled tees and operating costs. failure to examine the site shell be borne by the >[nndards and procedures as set forth by Ball Atlantic ontir. necessary to correct Icully condition and to make good Contractor. NYNF% MUbde damages caused to other work by reason of such 1 16 BALANCING AND GROUNDING D. Specific grounding requirements for the new proposed F, The words "provide" or "providing" as used harem 1 / PERMIT), INSPEI.dIONS ANU FFES clmnges, of Ins own expense. Bell Atlantic NYNEX Mobile Radio Room equipment area shop designate that the equipment, tabor, wntenol A All branch circuits shall be boilanced at their 1 15 ('IUTfING AND I'AICHING respective power panel to witlhin 10 percent full load shall be provided as shown on drawings. 2 and services shall be furnished, mstolled md/rn supplied by the Contractor A Contmrlot ,hall file all planlane and pay for all apd[h ration permits, ud ns tend approvals as A This Canfrartor shall do all culling and chasing rind applied E. Grounding installation shall be in accordance with I;F vt~ lit `r;, lough patching for installation of his work B. All installed equipment shall bie grounded as per Bell Atlantic NYNEX Mobile Standards and shall meet ",e , the following general criteria: F It Is amdelel10d and dgreed by the Cordlartor that the requund N E r, requirements and as indicated on the drawings work as mdwafed and described on the Drawalgs ond/or b. At the completion of the work, IIe shot[ senora and spechratioas sholl be complete end shall Include all of D Tinkh potching and idpniis shell be, performed by tins or speoilied herein, and shall include, but not be, I All grounding connections shall be made to equipment necr-sS(ry for the propel hmchnnnd of UP, Isom delver the to vnntheoule lo bcal ear City, ity, lhcaqcp- l own, contructor. limited to, the following brighter surfaces Apply corrosion protection . ~ , systems, even though every Bern involved is not Fire a, , County at L All culling and drilling shall he machine cut with I Elc.tnrnl service, its egluiprnent, and to surfaces equal to ' Scotchkote". specifically shown or Inenhoned, The Contractor shall ;talc eani, Fire II Fire IU amts ho awrs, local power driven tools Condull penetrations shall be vn,to' u'ri he hold h, le all IahM oil,] matenols necessmV Building g Deparlmant and all Deparrlmenls hnq nmu nnn..,t 2. All grounding conductor tags shall be fiber or t twx~l,:.. for the entire cumpleh(ni or the work intended to be metal construction. indlcute,l or demibed and shall not avail himself of I H STANPANDS Of MAILRIAL', AND W0 IFKMAN';HIF' 2 Cor its and other conrductol enclosures. 1 14 EXCAVATION AND BACKIILL any mare wily unmtrnhonal error or ornissions, S Neutral or identified contractor of interior 3. Provide conduit and sleeves for ground wire ' should such emi A No efl,ricol devi r or innleilal of any kind shall be ba A. This Con ructor shall perform all necessary excavation wiring system protection where shown on drawings and/or used that and bockfill required Ior instillation al work under specifications. +•7a G. All methods of workntan~hip and construclocn arol 1s not •ipprov,d by the Underwriter's or this specihcahnn. 4 Non- curt enl-carrying mreal parts of fixed 4 Provide "Do Not Disconnect" tags on all details of surer not specihcally di'arribed hniVin bndpro rk of tiro minuhirtineimust hove the name or and equipment such as motors, starter and grounded connections j ~ shall ho subje,,J to the approval or the Uwner of hr, ampperes rope, r utndc , na6]nIdked rating where e they y and in volL re resentahve. eres or other prper may be may be P. All oxcovuhon work shall he performed in a safe conhDller cabinets, instrument casings and seeurr manner and contorrn to all OSIIA and local safety lighting fixtures P costly observed albv the demi.: Is Installed standards 5. Provide insulation "Cherries' for mounting of q w, H The drawings are dingramrnahr Ind chew file general H All work shall Le e,ecinted in n w0FlnoGnllke manner and =r and 1.17 GROUNDING SYSIFM f all grounding hors - 'fu G.i M. arrangement and lorohon of equipment and dovices, end shall present a neat and menhonilcnlly rigid appooronce ounce C. All excavations shall be properly guarded nod Stec auhject to rro, oneN, ndju Are,rlt and modJicution whin completed, Gild ;ubfcct to the ncceplanee of Hell it Hell protected so as to prevent some from becommy A General 6. "Star" washers shall be used as locking washers - fjv on ground lug bolts and all other ground os ie1f111ied by arhinl field ' ond[kons without Allonhc NYNEX Mobile Pepresentafiive, the Engineer or of dungemus to persons or property connections ndddwnaf rust 63 {he Owner hie tieoignee the general systern shall be furnished and installed in f Ae~ 2t I Before suhmithriy hr, bid, the Gob a(,tro shall review 1 o EXAMINAI0.011 Of 4FNERAI CONStNUUTION fIAN;, AND D Excavate only to the depth required for conduit accordance with the Notional Electrical Code, Bell mshillatlan. t'ondud shell ba set on firm earth Atlantic N?,'NEX Mobile, and all other agencies hovmg F. Specific general grounding notes have been shown on Asti,. ell prrhnnnl orxlutectural, strucluml end rnechunicol SPFCJF1CATIONS Iurr;dichon. drawings. Contractor shall provide all work and drowlnys to Io illarizc him elf with of delalls of f As soon o,. the underground equipment is in place and equipment as necessary. construction Any deviation of 'hinge ham the A fire Contractor shall eramanw the (General ConstnreGon ton tested, the excavations shall he backfilled, the The ground system h; designed to provide a low heWlmis und/ur TpaUbratlooS, ni inteipielntwn Pkans, wind specifn.ri bons, ns;dcr as labor and initial backhllinq shall be performed simultaneously impedance path, to earth. The purpose is to reduce 0''. there'd, shall have prior appiovol of thQ Owner or his mntern]I9 Wild type of CUaSfrurtlaln, etc., I1101 may on hoth sides of the equipment so as not to cause the level of voltage differential between objects lrple laitutive affect his work Ite quhmission of o proposal shall call ugormna side pressure All backf ll rnuterial shall during lightning discharges, be, Unle^c ;pe cdied otherwise herein, Grtilndr tin 411111 e, ronshued Lis evidence that swr,h exorninotion has gas sc free of large stones or debris. Backhll matenals shall be spread evenly, unlfunnly, and tamped in The complete ground system is composed of on interior f T hose his bid proposal with rill work lo he perdoiroed on been made and no later claims liar ' extra labor, 'es-en layers riot exceedurq sir inches in compacted depth. ring ground system consisting of a peripheral bus, f ' ~tifA' •a zl ihS e straight time rlulinal working day. by epuent or matenale, which couVld have been foreseen by axon 'nation will be 1er.ognned . supplemental buses, inter-object (unit) bonds, and low t The Contractor shall secure all necessary roar opening impedance paths to ground. Cr"~ permits, and shall be responsible for ho, 11ill and f ~t repair of all roadway excavation in accordance with The ground woes in the external ground sy:.tem shall opphcaNe Agency :Standards be #2/0 bare 7 strangled copper woe. A i A ~ 1 Y 1 1 Y ~ r~6, d(a YPn" I } y~~ nraving Description: Seal OF NEW Date. Scale: ' 9rhwlnq l,No ylQ~ ~W R. spy~9,f 08-22-98. AS NOTED, 7 i s ' Drawn 9y: Checked lay: OR! i 2° r )u ! c~ r III Atlantic IMF='- Mobile ELECTRICAL SPECIFICATIONS 04MB r, a n w JAL ARS No~ „ t a` # B Prodeat location. ee 9-20-96 ISSUED FOR FILING - - WRIAMF COLON, ? ~~p IIl rl ®Bell /~lt'8 'ANTS INC. i a Project No: 72is ILE CELL SITE INSTALLATION CONSULTANTS INC. VICE; - CONSTRUCTION MANAGEMENT 9677 r 9-6-96 ISSUED FOR RANM 1007 REVIEW MOBILE CELL ~0 MAIN RD, ENGINEERING - TECHNICAL SERVICES - CONSTRUC SUITE M • 3555 VETERANS MEMORIAL HIGfM1AY RON )RIAL HIGtM1AY RONKONKOMA NY. 11779 ~~O N0 5 r - c=_ ~-A 1. -r- F~- c_ T 24850 MAIN R 8.-22-96 ISSUED FOR BANM 60% REVIEW ORIENT PT, NE :NT PT, NEW YORK (516) 98i-3990 FAX p P Owner Project Nq! Shed1 Ot i I FAX (516) 981-3971 '90 a '%XNX ! - IZ-12 tFMYI WY MVL MAW, NY 1033 • rr[M (5W M8 !il • MM 1514) 439-0159 Rovision Dale Drscnphon _ {'N d4. - 1rt Sri ~V`7 w ~ MMt lN~ 'if x o ' 1 f ~r rr r i.afYV' 1 IA WIRING AND CONDUIT A All above and below-grade wiring shall be N,FC approved, type tHW, THWN, THIIN, %HHW, RIM and RHH or G The makeup of screwed or tiunged pipe in hangers is ers 's B. All electrical equipment shall be protected by heavy C. Wiring shall test free of shorts and grounds. an approved equal, unless noted otherwise on drawings prohibited fiberglass cloth covers. f. All receptacles shall be tested with a Building wire insulation shall be, 600V, rated not Ie%s 1 r { Y,,r1 y Nip a'S than 76 degrees celmus, wet or dry. Insulation H. All hangers shall be fabricated from steel and C Conduit pull boxes or equipment that is to be painted ciircuit tester for proper grounding and ; ~e st selection shall be contractors charge, except where adjustable for elevation specific insulation type or rating is indicated or shall be cleaned to remove dirt and grease or oil polarity, t' called for on the drawings I Separate supports consisting of formed steel and I~ rods shall be provided under thins Division to suspend D. All conduit, fixtures, equipment and appurtenances 2. All switches and control wiring shall be spend shall be thoroughly (,leaned and put in first-class tested to insure proper operation, r V~~ D All wiring unless otherwise specified an the diuwlna all reaeseed and/or surface (at sitar) mounted lighting lighting operating condition before being offered for 4 or herein, shall be run rn PVC or RCS conduit, fixtures independently of telling construction occepfance D Tests to demonstrate the capacity specified and . nd r-"f ,d~.rC. r r ,r (plaster, Rome,, OX (AC) and/or M0 Cable Shull NOT he permitted sheet rock, etc,). Hentgers shall be fully illy general operating characteristics of all apparatus, adpjAcble to allow fixture level to coincide with E. Contractor shall be responsible for keeping the shall be conducted in the presence of, and to the o the the D. All wrong shall he elnrthrnl grarJe capper Insulation :hull finished ceiling level, and sfhall be securely building clean, he sholl remove all rubbish, debris, satisfactlion of, the Owner or his Designee. ling cartons, boxes, waste and the like originating from it is ire his work on a daily basis. I Where i i .:L 6,11 +1 ~L fastened Io the shuetaral merntbers of the budding he wiring construction. Where recessed Irighling fixtures are ms at teymay impossible to bividted u into whole Paris systems d and each part I each part E All conduits leaving the Radio Room shall be sealed indicated to be mstulled in areans of suspended ncoucfle file or panel ceilings, the ceiling 123 FLASHING tested independently. F. MIMIMLIa iorrdmt ahall by 71/4" unle,, specified suspension channel syslem will be iernforced as otherwise necessary lot IR)htiriy fixture sulpport by the A. Unless noted otherwise herein or on the drawings, F All wiring shall be tested by the Contractor, and u';t` Electrical Cgnhortor provide a metallic sleeve for all conduit penetrations witnessed and approved by the Owner or his Desii C, Wires shall be role, codod Grounding conductor still] through walls, floors and ceilings have a green color Neulfal sholl hove a while valor d Hangar rods, where uhhzod, i,holll be sold felled after x Close off spume between conduit and sleeve with non-cornbushble These ca!ois shnll not tie used for any other purpose threaded :;feel rod, a minimum of 1/M1 in diameter insulation equal to fire rating of structure G Provide hour maintenance copies of all Equipment, Operating ating H All wires shall be polarized fi Conlmctor .,hall provide new concrete inseits as and/or (,mainten manuals for r systems and components 1 components ~ '7 r required for all i.oodult support,, Existing inserts, its, C. All conduit penetrations shall be core drilled. installed, I. Splices in wires and ,.ables shill be eltrranol,.d beams, support channels may life utilized by Thu whenever possible and, where nci.aS3ory, sholl be made Conhaotar where feasible and wthere the existing 9 D Provide "pitch packets" for all condut penetrations 1,29 CERTIFICATES AND GUARANTEES only in accessible pull or Junction boxes, outlets, egtrlpnierit is acs eploble for the, additional londmy, n9, through roof dock, fit A Contracfov shall submit proof of Fire Underwriter's er's switch and recepinr]e bores Approval to ubhze any existing support equipment mast be authorized in advance by Hell Atlnntic NYNI_X NYNIX 124 NAMCPLAfES AND IDENTIFICATION inspection of all electrical work to the Owner or His ar NI5 )esignee. J No weiny shall be pulled into conduit until the Mobil, RepracentriLve conduil and has syslem ie rampletr, A Ea,,h Panel, Switch, ec, shall have a nameplate. Ilse HU%C. 1,10 JUNCTION AIJD PULL nameplate shrill be made of black Bakelite with white D. Contractor shall guarantee and service all work for a < for a K Insulated hushmys shall fin in-lulled On all open engraved letters at least 1/4' high. The nameplates period of one (1) year from the date of acceptance eptance .yi,:~ rfY ~i,~•~ condut ends A, All boxed ehall be hsslaned to sltructure wait prapei iPm shall he installed with screws to the exterior of the hanger; and fillings oquipmenf 1 30 S118STITIJIIONS AND/OR EQUIVALENTS L Utilize weatherproof hthogs for (it] conduit exposed 1 25 PAINIINC A. [tie material and/or equipment as specified in the hid the hid to the weathe.i El, Junction and pull boxe,, provident for conduits One-inch trade size and larger, where indicated documents is to insure a complete system of suitable suitable _ M. Provide nylon drag lines In ull urnply conduit and or as necessary to fuctiiale in~aallation of the A All new panels and cabinets shall be factory-Prime quality and provide, a standardized competitive basis basis W ,r 1` _~i.JiYhht sleeves work, shall be Code gouge galvanized steel, of for all Contractors to bid painted, Factory finished and, if damaged, shall be 1 .1 required dimensions, with accessible, removable screw-on cove screw-on covers. touched up or rehnishod as directed after completion N ill conduit .hall be as rnanulactureJ by Repuhllc Where required by the, building ronghurlon, furnish and install nish and install of the mscialion) B. the intenlL of the bid documents is that the Contractor . apes determined shall instal all equipment and materials as ontractor y. or equal. PVC ienduit shall be us manufaolwed by junction and pull bilker, a speCOol sires and shopns determine bshtule Gallon ladaslnl s or e,1uol. ?i the held 1 2t) Ai`CFSS DOORS specified. Should the Contractor desire to substitute another manorial or vendor for one or morn specified 0. Conducts shall be secured in pare and prolei.led to C Pull boxes shall be provided for all conduit runs A Wherever any outlets, equipmenl and other items by name„ he shall apply in writing for such approval ppfoval prevent damage tri the wort, dunnq construction All where necessary, and at aroxinmum rnlervols where the cue the requiring service, at time rod bid and shall stale the credit or exba adlustnienl or inspection are cry 4-g(? loins) con,.eoled and require access through furring, walls, involved. ~xba Q.' field cut cunduns ;hall be Learned to prevent duaiage chWtges in dirertion tolnl 160 degrees (re_, every 4-90? lair ;i4 ag to wire (loos, or ceiling„ and the access doors are not I le U. Sizes of all boxes shall i;anlorrm with the minrrnurn 10f0 specified under other Contracts, furnish factory made, C. The CoaYnaalor shall be responsible to provide rise on completely' finished, key-operated, heavy metal access supporting data and samples, if necessary, for a f a nl' ~"9' P. The ends of all conduit runs shall be provided with requirements el the NEC., unites, rioted otherwise on doors and, frames proper evorbation by the Owner or his Designee at time ,e at time caps during constriction to avoid filling with debris, the drowimfs it hereiri etc. of submittal. Additionolly, the Contractor shall be be - L?t DISCUNNU~T SWHCHE'_, responsit)hle to reimburse the Owner or his Designee for B The onpo doors shall have the some lire ratings as costs expanded in the evaluation of the substitution, signee for Q Junction boxes or pull boxes shell be furnishod and the c Itution, installed to avoid excessive runs it bends between A Provide all ',ervire and rgwprnernt disournect switches , d(,- construction which they are itches installeedd, a and be a minimum is of 19" x IN", but in no whether (or not the substitution is approved uuilAs ai herein spe,crhed us shown m die drawings. case skill they be lens than fi' larger in all v ate of 25 ;i nee, dir Such reirmbursament shall be payable at the rate of 2 5 nensiune that the sterns serviced. times the direct cost to the Owner or his Designee, B All equipment dmcnnnert swilnccls not included with with 1 27 IINAI INST&LAMN and s'hoIN be due promptly upon receipt of invoice mice equipment shall be provided as shower on the drawings Jr,swing ~ NFMA i FMA 3R A All condos( wiring and equipment shall be thoroughly D The any and Owner all or his Dessubstitutionsnee and his reserves the ridecisionght shall to be reject 1.19 1TANCERS AND 'SUPPORTS ui stated herein rail ;hall be, urn a NEMA 1 or NEMA IR la reject endUSUre for indoor or outdoor opplirnboos aeoed and put in first-alas operating condition considered final II be ,,1"0 A P,,io, ,lpnr. in .,ireiod, Inn all conduit. fixtures, respectively Unless tiled otheewne, heavy drily, Y. before beiua uttoed lei accentance and egmPment 6Vmplete with hangers, omhorage., sway uao-fused, qLH k-make, quick-Ibreok type disconnect n ied braces, ~ unislruls' rods, bolts, angles, chanriMs, swit(hec shall br used 0is omonect switches shall he mll he 0 Upon completion at all installation work, the r plates, inserts, prime coal painting, faelening, and (1coetal Flee t i ir, ;quire Wetshng house or equal gaol contractor shall prepnre finol "as -built" drawings 1. all operations and appurtenances requeed to make the reflecting all circuitry as installed in the field. supporting system complete in all respects_ Fiord discunnecl switches shun he used where These drawings shall be forwarded to the Owner or His indicated on the drowmq, Or a9 required by equipment rupment Dasknoe for inr,orp"rotian in the original drawings B It is the intention of this specificalion that alt munutaclmer, andXf future ipm hangers shall be supported from building consli iclion the intention of this specihcahan is In plovlde C. the operalmq rnerhifurmi of all 44t,he5 shall be so e SO supports which, in each case, shall net weaken ar designed thai Ili,, ,witches may ha Iockod in the "ON" to "ON" 1 28 IESTS AND V)PLCIIONS unduly stress the building construction. ~rt "OFf" positions a- A. All tests, as may be required by the Owner or his I Ilangors for the work In the hung roiling D- Each fused solely switch shall bar left equipped with wdh Designee or heal governing agency, sholl be performed hill he by this (`vntor for Nest,, shall be. repeated as shall be supported nom the building a complete spare sel Of ,parr tunes ruses shall he r for to requnrvd with nV idddlonol costs to the Owner. ,truclure, dual element and opplnved by Nhe manufacturer for its Inlended use C. Provide all unglcti, channels, plates, qnd bolt, a 0 lest all the wiring .ystems and equipment Perform other structural shapes necessary to truden conduit E A disconnect swil,h shall be plonvided at all molars, fors. all lasts requied by Local, State and Federal hangers Ia the buildinq eonehuchon Authorities. Provide all labor, materials, appfionces, equipment, instruments, elechwity and D. Hangers of supports shall be. hosed m the weight of transportation and engage, where specified, 1 4k the Iton'I and far concluil ar raceway whh a minimum 1,72 PROFLCTIOFI AND (1EANINI, independent le.shrut laboratories to conduct the M, cansenhuted land of 350 pounds of the renhor of the sp,ciied teats ' span between supports A All maleliols and equipment shollll be properly and id ' ES, A 2 ' Pilo( tivoly protected Conduits must be capped dunng E Rlyid yalvunizod conduit shall be secured with (OnScuction so o, to prevent (obstruction and damoye I Bunny approved supports within 3' 0 .pucuiq EMI damage )e.r couplings shall be supported within 18 metes a1 each Any doirnlge ltmq in the, i to use, proper II side of couplings, and supports "hull not e,rreud 10' - precautions as s t lco. this work "htolll l b be replaend or hh~aYS. spacing ulteied bs Ille Onfirdar,tiin Of the Owner or his Designee Dire,_hon Changes - A howler ul uppurl shall be installed close to the point of a hinge in due(lion of all conduit nos, in either a h)nLantal or vertical plain ' t k i{ f.k' 4 I $5~ ss{ 5 4 Drawing Uexnpt'wn• Seel - ~F NEW Oeb Scale. Draw{ng NaY °.~~ti•., Damp Br;, Byr 08-22-96 AS NOT o ~k cQ <q c n ARS YB w ( pG pioµwt loccabon' Atlantic NN~ Mobile ELECTRICAL SPECIFICATIONS JAL AR$ 9-20-96 ISSUED FOR FILING ~ ti hf 4 S INC. 2 4."°= Project No:. 9,8-723 IAAOI A~~NJ~~P~P//OP Bell Atlant 9-6--96 ISSUED FOR BANM 1009 REVIEW r MOBILE CELL SITE CELL SITE INSTALLAT ION COS INC. --CONSTRUCTION MANAGEMENT .n 4> 96-1276~k F,- H i -T- ` c -T- 24850 MAIN RD MAIN R~ ENGINEERING - TECHNICAL SERVICES - CONSTRUCTION M llGNMAY RONKONKOMA N.Y, 11779 FO _ 8-22-96 ISSUED FOR BANM 609 REVIEW ORIENT PT, NEW PT, NEW YORK SURE M•3555 VETERANS MEMORIAL HIGHWAY RONKONKO (516) 981-3990 FAX (516) Oweer Project; NO: r Y `"aMpt W1. q. FAX (516) 981-3971 pSD, S - p' ~Y XXXX ~ GMt',.,~roa Y~, i 1t12 ICLNI.dI 6mvL 6CIw11l, NY. 11]3] ~ VPPS Rltl fdP-&51 ~ p1tP 51f) PP3-PPSY Nevision Dale Description